Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with all Revolving Loans (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account. Agent shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 41 contracts
Samples: Credit Agreement (Kaiser Aluminum Corp), Credit Agreement (Emergent BioSolutions Inc.), Credit Agreement (Performant Financial Corp)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “"Loan Account”") on which Borrowers will be charged with all Revolving Loans (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ ' account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ ' account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ ' account. Agent shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 13 contracts
Samples: Credit Agreement (GoPro, Inc.), Credit Agreement (Liberty Energy Inc.), Credit Agreement (Liberty Energy Inc.)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers Borrower (the “Loan Account”) on which Borrowers Borrower will be charged with all Revolving Loans Advances (including Extraordinary Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers Borrower or for Borrowers’ Borrower’s account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers Borrower or for Borrowers’ Borrower’s account. Agent shall make available to Borrowers render monthly statements regarding the Loan AccountAccount to Borrower, including the principal amount of the Revolving Loansprincipal, interest accrued hereunderinterest, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statementstatements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Borrower and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowersreceipt thereof by Borrower, Borrowers Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statementstatements.
Appears in 7 contracts
Samples: Credit Agreement (Oclaro, Inc.), Credit Agreement (Federal Signal Corp /De/), Credit Agreement (Federal Signal Corp /De/)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of the Borrowers (the “Loan Account”) on which the Borrowers will be charged with all Revolving Loans (including Extraordinary Advances and Swing Loans) made by Agent, the Swing Lender, or the Revolving Lenders to the Borrowers or for the Borrowers’ account, the Letters of Credit issued or arranged by any Issuing Bank for the Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from the Borrowers or for the Borrowers’ account. Agent shall make available to the Borrowers monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between the Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to the Borrowers, the Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 7 contracts
Samples: Asset Based Revolving Credit Agreement (Cleveland-Cliffs Inc.), Asset Based Revolving Credit Agreement (Cleveland-Cliffs Inc.), Asset Based Revolving Credit Agreement (Cleveland-Cliffs Inc.)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers Borrower (the “Loan Account”) on which Borrowers Borrower will be charged with the Term Loan, all Revolving Loans Advances (including Extraordinary Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers Borrower or for Borrowers’ Borrower’s account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ Borrower’s account, and with all other payment Obligations hereunder or under the other Loan DocumentsDocuments (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers Borrower or for Borrowers’ Borrower’s account. Agent shall make available to Borrowers monthly render statements regarding the Loan AccountAccount to Borrower, including the principal amount of the Revolving Loansprincipal, interest accrued hereunderinterest, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statementstatements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Borrower and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowersreceipt thereof by Borrower, Borrowers Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statementstatements.
Appears in 6 contracts
Samples: Credit Agreement (Omniture, Inc.), Credit Agreement (Omniture, Inc.), Credit Agreement (Landrys Restaurants Inc)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with the Term Loan, all Revolving Loans (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account. Agent shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of the Term Loan and the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 5 contracts
Samples: Amendment to Loan Documents (Nautilus, Inc.), Credit Agreement (Nautilus, Inc.), Credit Agreement (Harte Hanks Inc)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with all Revolving Loans Advances (including Extraordinary Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan DocumentsDocuments (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.72.8, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account, including all amounts received in the Agent’s Account from any Cash Management Bank. Agent shall make available to Borrowers monthly render statements regarding the Loan AccountAccount to Administrative Borrower, including the principal amount of the Revolving Loansprincipal, interest accrued hereunderinterest, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statementstatements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowersreceipt thereof by Administrative Borrower, Borrowers Administrative Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statementstatements.
Appears in 5 contracts
Samples: Credit Agreement (Plato Learning Inc), Credit Agreement (Magnetek Inc), Credit Agreement (Advent Software Inc /De/)
Maintenance of Loan Account; Statements of Obligations. Agent Lender shall maintain an account on its books in the name of Borrowers Borrower (the “"Loan Account”") on which Borrowers Borrower will be charged with all Revolving Loans (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders Lender to Borrowers Borrower or for Borrowers’ Borrower's account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ Borrower's account, and with all other payment Obligations hereunder or under the other Loan DocumentsDocuments (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.72.8, the Loan Account will be credited with all payments received by Agent Lender from Borrowers Borrower or for Borrowers’ Borrower's account, including all amounts received in the Lender's Account from any Cash Management Bank. Agent Lender shall make available to Borrowers monthly render statements regarding the Loan AccountAccount to Borrower, including the principal amount of the Revolving Loansprincipal, interest accrued hereunderinterest, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statementstatements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Borrower and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowersreceipt thereof by Borrower, Borrowers Borrower shall deliver to Agent Lender written objection thereto describing the error or errors contained in any such statementstatements.
Appears in 5 contracts
Samples: Loan and Security Agreement (Overstock Com Inc), Loan and Security Agreement (Viskase Companies Inc), Loan and Security Agreement (Viskase Companies Inc)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers Borrower (the “Loan Account”) on which Borrowers Borrower will be charged with all Revolving Loans Advances (including Extraordinary Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers Borrower or for Borrowers’ Borrower’s account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ Borrower’s account, and with all other payment Obligations hereunder or under the other Loan DocumentsDocuments (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers Borrower or for Borrowers’ Borrower’s account. Agent shall make available to Borrowers monthly render statements regarding the Loan AccountAccount to Borrower, including the principal amount of the Revolving Loansprincipal, interest accrued hereunderinterest, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statementstatements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Borrower and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowersreceipt thereof by Borrower, Borrowers Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statementstatements.
Appears in 5 contracts
Samples: Credit Agreement (Powerwave Technologies Inc), Credit Agreement (Quest Software Inc), Credit Agreement (Utstarcom Inc)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with all Revolving Loans (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account. Agent shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 45 days after Agent first makes such a statement available to Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 4 contracts
Samples: Asset Based Revolving Credit Agreement (Par Pacific Holdings, Inc.), Asset Based Revolving Credit Agreement (Par Pacific Holdings, Inc.), Asset Based Revolving Credit Agreement (Par Pacific Holdings, Inc.)
Maintenance of Loan Account; Statements of Obligations. Agent Lender shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on in which Borrowers will be charged with recorded all Revolving Loans (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders Lender to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan DocumentsDocuments and to the extent payment is charged to the Loan Account, includingfor payments under Bank Product Agreements, including accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.72.4 and Section 2.5, the Loan Account will be credited with all payments received by Agent Lender from Borrowers or for Borrowers’ account. Agent shall make available to Borrowers All monthly statements delivered by Lender to the Borrowers regarding the Loan Account, including the principal amount of the Revolving Loanswith respect to principal, interest accrued hereunderinterest, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statementshall be subject to subsequent adjustment by Lender but shall, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to receipt thereof by Borrowers, Borrowers shall deliver to Agent Lender written objection thereto describing the error or errors contained in any such statementstatements.
Appears in 4 contracts
Samples: Credit and Security Agreement (Orion Energy Systems, Inc.), Credit and Security Agreement (COUPONS.com Inc), Credit and Security Agreement (COUPONS.com Inc)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers Borrower (the “"Loan Account”") on which Borrowers Borrower will be charged with all Revolving Loans Advances (including Extraordinary Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers Borrower or for Borrowers’ Borrower's account, the Letters of Credit issued or arranged made by Issuing Bank Lender for Borrowers’ Borrower's account, and with all other payment Obligations hereunder or under the other Loan DocumentsDocuments (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers Borrower or for Borrowers’ Borrower's account. Agent shall make available to Borrowers render monthly statements regarding the Loan AccountAccount to Borrower, including the principal amount of the Revolving Loansprincipal, interest accrued hereunderinterest, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statementstatements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Borrower and the Lender Group unless, within 30 45 days after Agent first makes such a statement available to Borrowersreceipt thereof by Borrower, Borrowers Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statementstatements.
Appears in 4 contracts
Samples: Credit Agreement (MDC Partners Inc), Credit Agreement (MDC Partners Inc), Credit Agreement (MDC Partners Inc)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “"Loan Account”") on which Borrowers will be charged with the Term Loan, all Revolving Loans Advances (including Extraordinary Agent Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ ' account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ ' account, and with all other payment Obligations hereunder or under the other Loan DocumentsDocuments (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.72.8, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ ' account, including all amounts received in the Agent's Account from any Cash Management Bank. Agent shall make available to Borrowers monthly render statements regarding the Loan AccountAccount to Administrative Borrower, including the principal amount of the Revolving Loansprincipal, interest accrued hereunderinterest, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statement, absent manifest error, statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowersreceipt thereof by Administrative Borrower, Borrowers Administrative Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statementstatements.
Appears in 4 contracts
Samples: Loan and Security Agreement (Advanced Lighting Technologies Inc), Loan and Security Agreement (Us Home & Garden Inc), Loan and Security Agreement (Advanced Lighting Technologies Inc)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with all Revolving Loans (including Extraordinary Advances and Swing LoansAdvances) made by Agent, Swing Lender, Agent or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account. Agent shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 4 contracts
Samples: Credit Agreement (BlueLinx Holdings Inc.), Credit Agreement (BlueLinx Holdings Inc.), Credit Agreement (BlueLinx Holdings Inc.)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with the Term Loan, all Revolving Loans Advances (including Extraordinary Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ any Borrower’s account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ any Borrower’s account, and with all other payment Obligations Obligations, in each case hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ any Borrower’s account. Agent shall make available to Borrowers render monthly statements regarding the Loan AccountAccount to Borrowers, including the principal amount of the Revolving Loansprincipal, interest accrued hereunderinterest, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statementstatements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to receipt thereof by Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in any such statementstatements.
Appears in 4 contracts
Samples: Credit Agreement (BOISE CASCADE Co), Credit Agreement (BOISE CASCADE Co), Credit Agreement (BOISE CASCADE Co)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers Borrower (the “Loan Account”) on which Borrowers Borrower will be charged with all Revolving Loans Advances (including Extraordinary Agent Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers Borrower or for Borrowers’ Borrower’s account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ Borrower’s account, and with all other payment Obligations hereunder or under the other Loan DocumentsDocuments (except Obligations referred to in clause (b) of the definition thereof), including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.72.8, the Loan Account will be credited with all payments received by Agent from Borrowers Borrower or for Borrowers’ Borrower’s account, including all amounts received in the Agent’s Account from any Cash Management Bank. Agent shall make available to Borrowers monthly render statements regarding the Loan AccountAccount to Borrower, including the principal amount of the Revolving Loansprincipal, interest accrued hereunderinterest, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statementstatements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Borrower and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowersreceipt thereof by Borrower, Borrowers Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statementstatements.
Appears in 4 contracts
Samples: Loan, Guaranty and Security Agreement (Gordmans Stores, Inc.), Loan, Guaranty and Security Agreement (Gordmans Stores, Inc.), Loan, Guaranty and Security Agreement (Gordmans Stores, Inc.)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with all Revolving Loans Advances (including Extraordinary Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account. Agent shall make available to Borrowers render monthly statements regarding the Loan AccountAccount to Borrowers, including the principal amount of the Revolving Loansprincipal, interest accrued hereunderinterest, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statementstatements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to receipt thereof by Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in any such statementstatements.
Appears in 4 contracts
Samples: Credit Agreement (Hampshire Group LTD), Credit Agreement (Hampshire Group LTD), Credit Agreement (Hampshire Group LTD)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with the Term Loan, all Revolving Loans (including Extraordinary Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ account, and, subject to the delays set forth in clauses (v) and (vii) of Section 2.6(d) (if applicable), with all other payment Obligations hereunder or under the other Loan Documents, Documents including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account. Agent shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of the Term Loan and the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 4 contracts
Samples: Credit Agreement (Connecture Inc), Credit Agreement (Connecture Inc), Credit Agreement (Connecture Inc)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers Borrower (the “"Loan Account”") on which Borrowers Borrower will be charged with all Revolving Loans Advances (including Extraordinary Agent Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers Borrower or for Borrowers’ Borrower's account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ Borrower's account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.72.8, the Loan Account will be credited with all payments received by Agent from Borrowers Borrower or for Borrowers’ Borrower's account, including all amounts received in the Agent's Account from any Cash Management Bank. Agent shall make available to Borrowers monthly render statements regarding the Loan AccountAccount to Borrower, including the principal amount of the Revolving Loansprincipal, interest accrued hereunderinterest, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statement, absent manifest error, statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Borrower and the Lender Group unless, within 30 60 days after Agent first makes such a statement available to Borrowersreceipt thereof by Borrower, Borrowers Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statementstatements.
Appears in 3 contracts
Samples: Loan and Security Agreement (Acme Communications Inc), Loan and Security Agreement (Acme Communications Inc), Loan and Security Agreement (Acme Television LLC)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with all Revolving Loans (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.72.6, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account. Agent shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 thirty (30) days after Agent first makes such a statement available to Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 3 contracts
Samples: Credit Agreement (Seventy Seven Energy Inc.), Credit Agreement (Seventy Seven Energy Inc.), Credit Agreement (Chesapeake Oilfield Operating LLC)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers Borrower (the “Loan Account”) on which Borrowers Borrower will be charged with the Term Loan, all Revolving Loans Advances (including Extraordinary Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers Borrower or for Borrowers’ Borrower’s account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ Borrower’s account, and with all other payment Obligations hereunder or under the other Loan DocumentsDocuments (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.72.8, the Loan Account will be credited with all payments received by Agent from Borrowers Borrower or for Borrowers’ Borrower’s account, including all amounts received in the Agent’s Account from any Cash Management Bank. Agent shall make available to Borrowers monthly render statements regarding the Loan AccountAccount to Borrower, including the principal amount of the Revolving Loansprincipal, interest accrued hereunderinterest, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statementstatements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Borrower and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowersreceipt thereof by Borrower, Borrowers Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statementstatements.
Appears in 3 contracts
Samples: Credit Agreement (Servicesource International LLC), Credit Agreement (Servicesource International LLC), Credit Agreement (Teltronics Inc)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with all Revolving Loans (including Protective Advances, Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ account, and, subject to the delays set forth in clauses (F) and (I) of Section 2.6(d) (if applicable), with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account. Agent shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 45 days after Agent first makes such a statement available to Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 3 contracts
Samples: Credit Agreement (SeaSpine Holdings Corp), Credit Agreement (SeaSpine Holdings Corp), Credit Agreement (SeaSpine Holdings Corp)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers Borrower (the “"Loan Account”") on which Borrowers Borrower will be charged with all Revolving Loans (including Extraordinary Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers Borrower or for Borrowers’ Borrower's account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ Borrower's account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers Borrower or for Borrowers’ Borrower's account. Agent shall make available to Borrowers Borrower monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Borrower and the Lender Group unless, within 30 days after Agent first makes such a statement available to BorrowersBorrower, Borrowers Borrower shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 3 contracts
Samples: Credit Agreement (PROS Holdings, Inc.), Credit Agreement (PROS Holdings, Inc.), Credit Agreement (PROS Holdings, Inc.)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with all Revolving Loans (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ account, Revolver Usage and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for the Borrowers’ account. Agent shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 3 contracts
Samples: Credit Agreement (Oil States International, Inc), Credit Agreement (Oil States International, Inc), Credit Agreement (Oil States International, Inc)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers Borrower (the “Loan Account”) on which Borrowers Borrower will be charged with all Revolving Loans Advances (including Extraordinary Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers Borrower or for Borrowers’ Borrower’s account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ Borrower’s account, and with all other payment Obligations hereunder or under the other Loan DocumentsDocuments (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.72.8, the Loan Account will be credited with all payments received by Agent from Borrowers Borrower or for Borrowers’ Borrower’s account, including all amounts received in the Agent’s Account from any Cash Management Bank. Agent shall make available to Borrowers monthly render statements regarding the Loan AccountAccount to Borrower, including the principal amount of the Revolving Loansprincipal, interest accrued hereunderinterest, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statementstatements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Borrower and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowersreceipt thereof by Borrower, Borrowers Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statementstatements.
Appears in 3 contracts
Samples: Credit Agreement (Servicesource International LLC), Credit Agreement (Infocus Corp), Credit Agreement (Lexar Media Inc)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers Borrower (the “Loan Account”) on which Borrowers Borrower will be charged with all Revolving the Loans (including Extraordinary Interim Advances and Swing LoansExtraordinary Advances) made by Agent, Swing Lender, Agent or the Lenders to Borrowers Borrower or for Borrowers’ Borrower’s account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers Borrower or for Borrowers’ Borrower’s account. Agent shall make available to Borrowers Borrower monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Borrower and the Lender Group unless, within 30 days after Agent first makes such a statement available to BorrowersBorrower, Borrowers Borrower shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 3 contracts
Samples: Credit Agreement (Nuverra Environmental Solutions, Inc.), Credit Agreement (Nuverra Environmental Solutions, Inc.), First Lien Credit Agreement (Nuverra Environmental Solutions, Inc.)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers Borrower (the “Loan Account”) on which Borrowers Borrower will be charged with the Term Loan, the Capex Term Loan, all Revolving Loans Advances (including Extraordinary Advances and Swing LoansAgent Advances) made by Agent, Swing Lender, Agent or the Lenders to Borrowers Borrower or for Borrowers’ Borrower’s account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ Borrower’s account, and with all other payment Obligations hereunder or under the other Loan DocumentsDocuments (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.72.8, the Loan Account will be credited with all payments received by Agent from Borrowers Borrower or for Borrowers’ Borrower’s account, including all amounts received in the Agent’s Account from any Cash Management Bank. Agent shall make available to Borrowers monthly render statements regarding the Loan AccountAccount to Borrower, including the principal amount of the Revolving Loansprincipal, interest accrued hereunderinterest, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statementstatements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Borrower and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowersreceipt thereof by Borrower, Borrowers Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statementstatements.
Appears in 3 contracts
Samples: Loan and Security Agreement (Freshpet, Inc.), Loan and Security Agreement (Freshpet, Inc.), Loan and Security Agreement (Freshpet, Inc.)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with all Revolving Loans Advances (including Extraordinary Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ any Borrower’s account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ any Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ any Borrower’s account. Agent shall make available to Borrowers render monthly statements regarding the Loan AccountAccount to Borrowers, including the principal amount of the Revolving Loansprincipal, interest accrued hereunderinterest, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statementstatements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to receipt thereof by Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in any such statementstatements.
Appears in 3 contracts
Samples: Credit Agreement (Renewable Energy Group, Inc.), Credit Agreement (Renewable Energy Group, Inc.), Credit Agreement (Dixie Group Inc)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with all Revolving Loans (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ accountLoan, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.72.5, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account. Agent shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of the Revolving LoansLoan, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 3 contracts
Samples: Credit Agreement (Liberty Energy Inc.), Credit Agreement (Liberty Energy Inc.), Credit Agreement (Liberty Oilfield Services Inc.)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers Borrower (the “Loan Account”) on which Borrowers Borrower will be charged with all Revolving Loans (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers Borrower or for Borrowers’ Borrower’s account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers Borrower or for Borrowers’ Borrower’s account. Agent shall make available to Borrowers Borrower monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Borrower and the Lender Group unless, within 30 days after Agent first makes such a statement available to BorrowersBorrower, Borrowers Borrower shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 3 contracts
Samples: Credit Agreement (Nuverra Environmental Solutions, Inc.), Credit Agreement (Nuverra Environmental Solutions, Inc.), Credit Agreement (Enphase Energy, Inc.)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with all Revolving Loans Advances (including Extraordinary Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ any Borrower’s account. Agent shall make available to Borrowers render monthly statements regarding the Loan AccountAccount to Borrowers, including the principal amount of the Revolving Loansprincipal, interest accrued hereunderinterest, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statementstatements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to receipt thereof by Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in any such statementstatements.
Appears in 3 contracts
Samples: Credit Agreement (Silicon Graphics International Corp), Credit Agreement (Remy International, Inc.), Credit Agreement (American Commercial Lines Inc.)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “"Loan Account”") on which Borrowers will be charged with the Term Loan, all Revolving Loans Advances (including Extraordinary Agent Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ ' account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ ' account, and with all other payment Obligations hereunder or under the other Loan DocumentsDocuments (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.72.8, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ ' account, including all amounts received in the Agent's Account from any Cash Management Bank. Agent shall make available to Borrowers monthly render statements regarding the Loan AccountAccount to Administrative Borrower, including the principal amount of the Revolving Loansprincipal, interest accrued hereunderinterest, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statementstatements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowersreceipt thereof by Administrative Borrower, Borrowers Administrative Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statementstatements.
Appears in 3 contracts
Samples: Loan and Security Agreement (Amerco /Nv/), Loan and Security Agreement (Norstan Inc), Loan Agreement (Source Interlink Companies Inc)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with the Term Loan, all Revolving Loans Advances (including Extraordinary Agent Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan DocumentsDocuments (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.72.8, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account, including all amounts received in the Agent’s Account from any Cash Management Bank. Agent shall make available to Borrowers monthly render statements regarding the Loan AccountAccount to Administrative Borrower, including the principal amount of the Revolving Loansprincipal, interest accrued hereunderinterest, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statementstatements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowersreceipt thereof by Administrative Borrower, Borrowers Administrative Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statementstatements.
Appears in 3 contracts
Samples: Loan and Security Agreement (Midway Games Inc), Loan and Security Agreement (Trust Created February 25 1986), Loan and Security Agreement (Evergreen Holdings Inc)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers Borrower (the “Loan Account”) on which Borrowers Borrower will be charged with all Revolving Loans (including Extraordinary Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers Borrower or for Borrowers’ Borrower’s account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers Borrower or for BorrowersBorrower’ account. Agent shall make available to Borrowers Borrower monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Borrower and the Lender Group unless, within 30 days after Agent first makes such a statement available to BorrowersBorrower, Borrowers Borrower shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 3 contracts
Samples: Credit Agreement (PointClickCare Corp.), Credit Agreement (PointClickCare Corp.), Credit Agreement (PointClickCare Corp.)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers Borrower (the “Loan Account”) on which Borrowers Borrower will be charged with the Term Loans, all Revolving Loans Advances (including Extraordinary Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers Borrower or for Borrowers’ Borrower’s account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers Borrower or for Borrowers’ Borrower’s account. Agent shall make available to Borrowers render monthly statements regarding the Loan AccountAccount to Borrower, including the principal amount of the Revolving Loansprincipal, interest accrued hereunderinterest, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statementstatements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Borrower and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowersreceipt thereof by Borrower, Borrowers Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statementstatements.
Appears in 3 contracts
Samples: Credit Agreement (Daegis Inc.), Credit Agreement (Daegis Inc.), Credit Agreement (Unify Corp)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with the Term Loan, all Revolving Loans Advances (including Extraordinary Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan DocumentsDocuments (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.72.8, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account, including all amounts received in the Agent’s Account from any Cash Management Bank. Agent shall make available to Borrowers monthly render statements regarding the Loan AccountAccount to Administrative Borrower, including the principal amount of the Revolving Loansprincipal, interest accrued hereunderinterest, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statementstatements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowersreceipt thereof by Administrative Borrower, Borrowers Administrative Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statementstatements.
Appears in 3 contracts
Samples: Credit Agreement (Youbet Com Inc), Credit Agreement (Princeton Review Inc), Credit Agreement (SoftBrands, Inc.)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “"Loan Account”") on which Borrowers will be charged with all Revolving Loans (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ ' account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ ' account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.72.6, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ ' account. Agent shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 3 contracts
Samples: Credit Agreement (MGP Ingredients Inc), Credit Agreement (MGP Ingredients Inc), Credit Agreement (MGP Ingredients Inc)
Maintenance of Loan Account; Statements of Obligations. Agent Lender shall maintain an account on its books in the name of Borrowers Borrower (the “Loan Account”) on which Borrowers Borrower will be charged with all Revolving Loans (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders Lender to Borrowers Borrower or for Borrowers’ Borrower’s account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ Borrower’s account, and with all other payment Obligations hereunder or under the other Loan DocumentsDocuments (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.72.8, the Loan Account will be credited with all payments received by Agent Lender from Borrowers Borrower or for Borrowers’ Borrower’s account, including all amounts received in the Lender’s Account from any Cash Management Bank. Agent Lender shall make available to Borrowers monthly render statements regarding the Loan AccountAccount to Borrower, including the principal amount of the Revolving Loansprincipal, interest accrued hereunderinterest, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statementstatements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Borrower and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowersreceipt thereof by Borrower, Borrowers Borrower shall deliver to Agent Lender written objection thereto describing the error or errors contained in any such statementstatements.
Appears in 2 contracts
Samples: Loan and Security Agreement (OVERSTOCK.COM, Inc), Loan and Security Agreement (Overstock Com Inc)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “"Loan Account”") on which Borrowers will be charged with all Revolving the LC Obligations and the Term Loans (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders Agent to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ ' account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.72.8, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ ' account, including all amounts received in the Agent's Account from any Cash Management Bank. In accordance with Section 2.6(d), Agent shall make available to Borrowers monthly render statements regarding the Loan AccountAccount to Administrative Borrower, including the principal amount of the Revolving Loansprincipal, interest accrued hereunderinterest, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statementstatements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowersreceipt thereof by Administrative Borrower, Borrowers Administrative Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statementstatements.
Appears in 2 contracts
Samples: Credit Agreement (Altra Industrial Motion, Inc.), Credit Agreement (TB Wood's INC)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with all Revolving Loans Advances (including Extraordinary Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan DocumentsDocuments (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account. Agent shall make available to Borrowers monthly render statements regarding the Loan AccountAccount to Administrative Borrower, including the principal amount of the Revolving Loansprincipal, interest accrued hereunderinterest, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statementstatements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowersreceipt thereof by Administrative Borrower, Borrowers Administrative Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statementstatements.
Appears in 2 contracts
Samples: Credit Agreement (Angiotech Pharmaceuticals Inc), Credit Agreement (Medquist Inc)
Maintenance of Loan Account; Statements of Obligations. Administrative Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with all Revolving Loans (including Extraordinary Advances and Swing Loans) made by Administrative Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Administrative Agent from Borrowers or for Borrowers’ account. Administrative Agent shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 ninety (90) days after Administrative Agent first makes such a statement available to Borrowers, Borrowers shall deliver to Administrative Agent written objection thereto describing the error or errors contained in such statement.
Appears in 2 contracts
Samples: Credit Agreement (Thryv Holdings, Inc.), Credit Agreement (Thryv Holdings, Inc.)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with all Revolving Loans Advances (including Extraordinary Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged made by Issuing Bank Lender for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan DocumentsDocuments (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account. Agent shall make available to Borrowers render monthly statements regarding the Loan AccountAccount to Administrative Borrower, including the principal amount of the Revolving Loansprincipal, interest accrued hereunderinterest, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statementstatements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowersreceipt thereof by Administrative Borrower, Borrowers Administrative Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statementstatements.
Appears in 2 contracts
Samples: Credit Agreement (Finisar Corp), Credit Agreement (Finisar Corp)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with all the Revolving Loans (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents, including, including accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account. Agent shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 thirty (30) days after Agent first makes such a statement available to Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 2 contracts
Samples: Credit Agreement (Vector Group LTD), Credit Agreement (Vector Group LTD)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers Borrower (the “"Loan Account”") on which Borrowers Borrower will be charged with all Revolving Loans (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers Borrower or for Borrowers’ Borrower's account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ Borrower's account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers Borrower or for Borrowers’ Borrower's account. Agent shall make available to Borrowers Borrower monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Borrower and the Lender Group unless, within 30 days after Agent first makes such a statement available to BorrowersBorrower, Borrowers Borrower shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 2 contracts
Samples: Credit Agreement (Quantum Corp /De/), Credit Agreement (Quantum Corp /De/)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers and (the “Loan Account”) on which Borrowers will be charged with all Revolving Loans Advances (including Extraordinary Agent Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan DocumentsDocuments (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.72.8, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account, including all amounts received in the Agent’s Account from any Cash Management Bank. Agent shall make available to Borrowers monthly render statements regarding the Loan AccountAccount to Administrative Borrower, including the principal amount of the Revolving Loansprincipal, interest accrued hereunderinterest, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statement, absent manifest error, statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 45 days after Agent first makes such a statement available to Borrowersreceipt thereof by Administrative Borrower, Borrowers Administrative Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statementstatements.
Appears in 2 contracts
Samples: Loan and Security Agreement (LSB Industries Inc), Loan and Security Agreement (LSB Industries Inc)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “"Loan Account”") on which Borrowers will be charged with the all Revolving Loans Advances (including Extraordinary Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ ' account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ ' account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ any Borrower's account. Agent shall make available to Borrowers render monthly statements regarding the Loan AccountAccount to Borrowers, including the principal amount of the Revolving Loansprincipal, interest accrued hereunderinterest, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statementstatements, absent manifest or demonstrable error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to receipt thereof by Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in any such statementstatements.
Appears in 2 contracts
Samples: Credit Agreement (Wabash National Corp /De), Credit Agreement (Wabash National Corp /De)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with the FILO Term Loan, all Revolving Loans (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account. Agent shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of the FILO Term Loan, Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 2 contracts
Samples: Credit Agreement (Hudson Technologies Inc /Ny), Credit Agreement (Hudson Technologies Inc /Ny)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers Borrower (the “"Loan Account”") on which Borrowers Borrower will be charged with all Revolving Loans Advances (including Extraordinary Agent Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers Borrower or for Borrowers’ Borrower's account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ Borrower's account, and with all other payment Obligations hereunder or under the other Loan DocumentsDocuments (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.72.8, the Loan Account will be credited with all payments received by Agent from Borrowers Borrower or for Borrowers’ Borrower's account, including all amounts received in the Agent's Account from any Cash Management Bank. Agent shall make available to Borrowers monthly render statements regarding the Loan AccountAccount to Borrower, including the principal amount of the Revolving Loansprincipal, interest accrued hereunderinterest, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statement, absent manifest error, statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Borrower and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowersreceipt thereof by Borrower, Borrowers Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statementstatements.
Appears in 2 contracts
Samples: Loan and Security Agreement (En Pointe Technologies Inc), Loan and Security Agreement (Factory Card Outlet Corp)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers Borrower (the “Loan Account”) on which Borrowers Borrower will be charged with the Term Loan, all Revolving Loans (including Extraordinary Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers Borrower or for Borrowers’ Borrower’s account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers Borrower or for Borrowers’ Borrower’s account. Agent shall make available to Borrowers Borrower monthly statements regarding the Loan Account, including the principal amount of the Term Loan and the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, subject to Section 13.1(h), shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Borrower and the Lender Group unless, within 30 45 days after Agent first makes such a statement available to BorrowersBorrower, Borrowers Borrower shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 2 contracts
Samples: Credit Agreement (FleetMatics Group PLC), Credit Agreement (FleetMatics Group PLC)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with the Term Loan, all Revolving Loans (including Extraordinary Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account. Agent shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of the Term Loan and the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 2 contracts
Samples: Credit Agreement (EGAIN Corp), Credit Agreement (EGAIN Corp)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “"Loan Account”") on which Borrowers will be charged with all Revolving Loans Advances (including Extraordinary Agent Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ ' account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ ' account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.72.8, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ ' account, including all amounts received in the Agent's Account from any Cash Management Bank. Agent shall make available to Borrowers monthly render statements regarding the Loan AccountAccount to Administrative Borrower, including the principal amount of the Revolving Loansprincipal, interest accrued hereunderinterest, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statement, absent manifest error, statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group absent manifest error unless, within 30 days after Agent first makes such a statement available to Borrowersreceipt thereof by Administrative Borrower, Borrowers Administrative Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statementstatements.
Appears in 2 contracts
Samples: Loan and Security Agreement (Hudson Highland Group Inc), Loan and Security Agreement (Hudson Highland Group Inc)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers Borrower (the “"Loan Account”") on which Borrowers Borrower will be charged with the Term Loan, all Revolving Loans Advances (including Extraordinary Agent Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers Borrower or for Borrowers’ Borrower's account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ Borrower's account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.72.8, the Loan Account will be credited with all payments received by Agent from Borrowers Borrower or for Borrowers’ Borrower's account, including all amounts received in the Agent's Account from any Cash Management Bank. Agent shall make available to Borrowers monthly render statements regarding the Loan AccountAccount to Borrower, including the principal amount of the Revolving Loansprincipal, interest accrued hereunderinterest, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statement, absent manifest error, statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Borrower and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowersreceipt thereof by Borrower, Borrowers Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statementstatements.
Appears in 2 contracts
Samples: Loan and Security Agreement (Communications & Power Industries Inc), Loan and Security Agreement (Northland Cranberries Inc /Wi/)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers Borrower (the “Loan Account”) on which Borrowers Borrower will be charged with all Revolving Loans Advances (including Extraordinary Agent Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers Borrower or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ Borrower’s account, and with all other payment Obligations hereunder or under the other Loan DocumentsDocuments (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers Borrower or for Borrowers’ Borrower’s account, including all amounts received in the Agent’s Account from any Cash Management Bank. Agent shall make available to Borrowers monthly render statements regarding the Loan AccountAccount to Borrower, including the principal amount of the Revolving Loansprincipal, interest accrued hereunderinterest, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statementstatements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Borrower and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowersreceipt thereof by Borrower, Borrowers Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statementstatements.
Appears in 2 contracts
Samples: Loan and Security Agreement (Hercules Technology Growth Capital Inc), Loan and Security Agreement (Hercules Technology Growth Capital Inc)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with all Revolving Loans (including Extraordinary Special Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account. Agent shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 thirty (30) days after Agent first makes such a statement available to Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 2 contracts
Samples: Credit Agreement (CVR Energy Inc), Credit Agreement (CVR Partners, Lp)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers Borrower (the “Loan Account”) on which Borrowers Borrower will be charged with all Revolving Loans Advances (including Extraordinary Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers Borrower or for Borrowers’ Borrower’s account, the Letters of Credit issued or arranged made by Issuing Bank Lender for Borrowers’ Borrower’s account, and with all other payment Obligations hereunder or under the other Loan DocumentsDocuments (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers Borrower or for Borrowers’ Borrower’s account. Agent shall make available to Borrowers monthly render statements regarding the Loan AccountAccount to Borrower, including the principal amount of the Revolving Loansprincipal, interest accrued hereunderinterest, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statementstatements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Borrower and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowersreceipt thereof by Borrower, Borrowers Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statementstatements.
Appears in 2 contracts
Samples: Credit Agreement (Stanadyne Holdings, Inc.), Credit Agreement (Navarre Corp /Mn/)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers Borrower (the “Loan Account”) on which Borrowers Borrower will be charged with all Revolving the Term Loans (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, Agent or the Lenders to Borrowers Borrower or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers Borrower or for Borrowers’ Borrower’s account. Agent shall make available to Borrowers Borrower monthly statements regarding the Loan Account, including the principal amount of the Revolving Term Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Borrower and the Lender Group unless, within 30 days after Agent first makes such a statement available to BorrowersBorrower, Borrowers Borrower shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 2 contracts
Samples: Credit Agreement (Nuverra Environmental Solutions, Inc.), Second Lien Term Loan Credit Agreement (Nuverra Environmental Solutions, Inc.)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers Borrower (the “Loan Account”) on which Borrowers Borrower will be charged with the Term Loan, all Revolving Loans (including Extraordinary Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers Borrower or for Borrowers’ Borrower’s account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers Borrower or for Borrowers’ Borrower’s account. Agent shall make available to Borrowers Borrower monthly statements regarding the Loan Account, including the principal amount of the Term Loan and the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Borrower and the Lender Group unless, within 30 days after Agent first makes such a statement available to BorrowersBorrower, Borrowers Borrower shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 2 contracts
Samples: Credit Agreement (Asure Software Inc), Credit Agreement (Asure Software Inc)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers Borrower (the “Loan Account”) on which Borrowers Borrower will be charged with the Term Loan, all Revolving Loans (including Extraordinary Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers Borrower or for Borrowers’ Borrower’s account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers Borrower or for Borrowers’ Borrower’s account. Agent shall make available to Borrowers Borrower monthly statements regarding the Loan Account, including the principal amount of the Term Loan and the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Borrower and the Lender Group unless, within 30 60 days after Agent first makes such a statement available to BorrowersBorrower, Borrowers Borrower shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 2 contracts
Samples: Credit Agreement (Appfolio Inc), Credit Agreement (Appfolio Inc)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with all Revolving Loans (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account. Agent shall make available to Borrowers Administrative Borrower monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowers, Borrowers Administrative Borrower shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 2 contracts
Samples: Credit Agreement (K Swiss Inc), Credit Agreement (Advanced Energy Industries Inc)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers Borrower (the “Loan Account”) on which Borrowers Borrower will be charged with the Term Loan, all Revolving Loans Advances (including Extraordinary Agent Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers Borrower or for Borrowers’ Borrower’s account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ Borrower’s account, and with all other payment Obligations hereunder or under the other Loan DocumentsDocuments (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.72.8, the Loan Account will be credited with all payments received by Agent from Borrowers Borrower or for Borrowers’ Borrower’s account, including all amounts received in the Agent’s Account from any Cash Management Bank. Agent shall make available to Borrowers monthly render statements regarding the Loan AccountAccount to Borrower, including the principal amount of the Revolving Loansprincipal, interest accrued hereunderinterest, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statement, absent manifest error, statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Borrower and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowersreceipt thereof by Borrower, Borrowers Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statementstatements.
Appears in 2 contracts
Samples: Credit Agreement (ECA Marcellus Trust I), Loan and Security Agreement (MSC Software Corp)
Maintenance of Loan Account; Statements of Obligations. Agent Lender shall maintain an account on its books in the name of Borrowers (the “"Loan Account”") on which Borrowers will be charged with all Revolving Loans (including Extraordinary Advances and Swing LoansAdvances) made by Agent, Swing Lender, or the Lenders Lender to Borrowers or for Borrowers’ ' account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ ' account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent Lender from Borrowers or for Borrowers’ ' account. Agent Lender shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent Lender first makes such a statement available to Borrowers, Borrowers shall deliver to Agent Lender written objection thereto describing the error or errors contained in such statement.
Appears in 2 contracts
Samples: Credit Agreement (Emmis Communications Corp), Credit Agreement (Northwest Pipe Co)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “"Loan Account”") on which Borrowers will be charged with all Revolving Loans Advances (including Extraordinary Agent Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ ' account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ ' account, and with all other payment Obligations hereunder or under the other Loan DocumentsDocuments (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.72.8, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ ' account, including all amounts received in the Agent's Account from any Cash Management Bank. Agent shall make available to Borrowers monthly render statements regarding the Loan AccountAccount to Administrative Borrower, including the principal amount of the Revolving Loansprincipal, interest accrued hereunderinterest, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statementstatements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowersreceipt thereof by Administrative Borrower, Borrowers Administrative Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statementstatements.
Appears in 2 contracts
Samples: Loan and Security Agreement (Advanced Marketing Services Inc), Loan Agreement (Source Interlink Companies Inc)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with all Revolving Loans (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account. Agent shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 2 contracts
Samples: Debtor in Possession Credit Agreement (School Specialty Inc), Debtor in Possession Credit Agreement (School Specialty Inc)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers Borrower (the “Loan Account”) on which Borrowers Borrower will be charged with all Revolving Loans Advances (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers Borrower or for Borrowers’ Borrower’s account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ Borrower’s account, and, subject to the delays set forth in clauses (F) and (I) of Section 2.6(d) (if applicable), with all other payment Obligations hereunder or under the other Loan DocumentsDocuments (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers Borrower or for Borrowers’ Borrower’s account. Agent shall make rendermake available to Borrowers Borrower monthly statements regarding the Loan AccountAccount to Borrower, including the principal, interest, fees, and including anthe principal amount of the Revolving LoansAdvances, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued owing, and such statementsaccrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Borrower and the Lender Group unless, within 30 60 days after Agent receipt thereof byAgent first makes such a statement available to BorrowersBorrower, Borrowers Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statementstatementsstatement.
Appears in 2 contracts
Samples: Credit Agreement (AdvancePierre Foods Holdings, Inc.), Credit Agreement (AdvancePierre Foods Holdings, Inc.)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which the applicable Borrowers will be charged with all Revolving Loans the Advances (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to applicable Borrowers or for applicable Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan DocumentsDocuments (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section Sections 2.6 and 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account, including all amounts received in Agent’s Account from any Cash Management Bank. Agent shall make available to Borrowers render monthly statements regarding the Loan AccountAccount to Administrative Borrower including principal, including the principal amount of the Revolving Loansinterest, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statementstatements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowersreceipt thereof by Administrative Borrower, Borrowers Administrative Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statementstatements.
Appears in 2 contracts
Samples: Loan and Security Agreement (West Marine Inc), Loan and Security Agreement (West Marine Inc)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with the Term Loan, all Revolving Loans Advances (including Extraordinary Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan DocumentsDocuments (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.72.8, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account, including all amounts received in the Agent’s Account from any Cash Management Bank. Agent shall make available to Borrowers monthly render statements regarding the Loan AccountAccount to Administrative Borrower, including the principal amount of the Revolving Loansprincipal, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documentsand fees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statementstatements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 60 days after Agent first makes such a statement available to Borrowersreceipt thereof by Administrative Borrower, Borrowers Administrative Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statementstatements.
Appears in 2 contracts
Samples: Credit Agreement (Monotype Imaging Holdings Inc.), Credit Agreement (Monotype Imaging Holdings Inc.)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with all Revolving Loans Advances (including Extraordinary Agent Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan DocumentsDocuments (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.72.8, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account, including all amounts received in the Agent’s Account from any Cash Management Bank. Agent shall make available to Borrowers monthly render statements regarding the Loan AccountAccount to Administrative Borrower, including the principal amount of the Revolving Loansprincipal, interest accrued hereunderinterest, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statement, absent manifest error, statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowersreceipt thereof by Administrative Borrower, Borrowers Administrative Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statementstatements.
Appears in 2 contracts
Samples: Loan and Security Agreement (Telos Corp), Loan and Security Agreement (Telos Corp)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers Borrower (the “Loan Account”) on which Borrowers Borrower will be charged with all Revolving Loans Advances (including Extraordinary Agent Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers Borrower or for Borrowers’ Borrower’s account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.72.8, the Loan Account will be credited with all payments received by Agent from Borrowers Borrower or for Borrowers’ Borrower’s account, including all amounts received in the Agent’s Account from any Cash Management Bank. Agent shall make available to Borrowers monthly render statements regarding the Loan AccountAccount to Borrower, including the principal amount of the Revolving Loansprincipal, interest accrued hereunderinterest, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statementstatements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Borrower and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowersreceipt thereof by Borrower, Borrowers Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statementstatements.
Appears in 2 contracts
Samples: Loan and Guaranty Agreement (Collective Brands, Inc.), Loan and Guaranty Agreement (Payless Shoesource Inc /De/)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers Borrower (the “Loan Account”) on which Borrowers Borrower will be charged with all the Revolving Loans (including Extraordinary and any Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders Agent to Borrowers Borrower or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers Borrower or for Borrowers’ Borrower’s account. Agent shall make available to Borrowers Borrower monthly statements regarding the Loan Account, including the outstanding principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Borrower and the Lender Group unless, within 30 days after Agent first makes such a statement available to BorrowersBorrower, Borrowers Borrower shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 2 contracts
Samples: Credit Agreement (Nevada Gold & Casinos Inc), Credit Agreement (Nevada Gold & Casinos Inc)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers Parent (the “Loan Account”) on which Borrowers will be charged with the Term Loan, all Revolving Loans (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account. Agent shall make available to Borrowers Parent monthly statements regarding the Loan Account, including the principal amount of the Term Loan and the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 45 days after Agent first makes such a statement available to BorrowersParent, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 2 contracts
Samples: Credit Agreement (Unifi Inc), Credit Agreement (Unifi Inc)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers Borrower (the “Loan Account”) on which Borrowers Borrower will be charged with all Revolving Loans (including Extraordinary Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers Borrower or for Borrowers’ Borrower’s account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers Borrower or for Borrowers’ Borrower’s account. Agent shall make available to Borrowers Borrower monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Borrower and the Lender Group unless, within 30 60 days after Agent first makes such a statement available to BorrowersBorrower, Borrowers Borrower shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 2 contracts
Samples: Credit Agreement (Q2 Holdings, Inc.), Credit Agreement (Q2 Holdings, Inc.)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with all Revolving Loans (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ account, and, subject to the delays set forth in clauses (F) and (H) of Section 2.6(d) (if applicable), with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account. Agent shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 2 contracts
Samples: Credit Agreement (McClatchy Co), Debtor in Possession Credit Agreement (McClatchy Co)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with all Revolving Loans (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expensesexpenses (including Indemnified Taxes payable pursuant to Section 16), and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account. Agent shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 2 contracts
Samples: Credit Agreement (FTS International, Inc.), Credit Agreement (FTS International, Inc.)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers Parent (the “Loan Account”) on which Borrowers will be charged with all Revolving Loans (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ account, Term Loan and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.72.6, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account. Agent shall make available to Borrowers Parent monthly statements regarding the Loan Account, including the principal amount of the Revolving LoansTerm Loan, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 45 days after Agent first makes such a statement available to BorrowersParent, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 2 contracts
Samples: Credit Agreement (Unifi Inc), Credit Agreement (Unifi Inc)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers Borrower (the “Loan Account”) on which Borrowers Borrower will be charged with all Revolving Loans Advances (including Extraordinary Revolver Loans, Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers Borrower or for Borrowers’ Borrower’s account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers Borrower or for Borrowers’ Borrower’s account. Agent shall make available to Borrowers render monthly statements regarding the Loan AccountAccount to Borrower, including the principal amount of the Revolving Loansprincipal, interest accrued hereunderinterest, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statementstatements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Borrower and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowersreceipt thereof by Borrower, Borrowers Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statementstatements.
Appears in 2 contracts
Samples: Credit Agreement (Horizon Lines, Inc.), Credit Agreement (Horizon Lines, Inc.)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers Borrower (the “Loan Account”) on which Borrowers Borrower will be charged with all Revolving Loans Advances (including Extraordinary Agent Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers Borrower or for Borrowers’ Borrower’s account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.72.8, the Loan Account will be credited with all payments received by Agent from Borrowers Borrower or for Borrowers’ Borrower’s account, including all amounts received in the Agent’s Account from any Cash Management Bank. Agent shall make available to Borrowers monthly render statements regarding the Loan AccountAccount to Borrower, including the principal amount of the Revolving Loansprincipal, interest accrued hereunderinterest, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statement, absent manifest error, statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Borrower and the Lender Group unless, within 30 60 days after Agent first makes such a statement available to Borrowersreceipt thereof by Borrower, Borrowers Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statementstatements.
Appears in 2 contracts
Samples: Loan and Security Agreement (Acme Communications Inc), Loan and Security Agreement (Acme Communications Inc)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers Borrower (the “Loan Account”) on which Borrowers Borrower will be charged with all Revolving Loans Advances (including Extraordinary Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers Borrower or for Borrowers’ Borrower’s account, the Letters of Credit issued or arranged made by Issuing Bank Lender for Borrowers’ Borrower’s account, and with all other payment Obligations hereunder or under the other Loan DocumentsDocuments (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers Borrower or for Borrowers’ Borrower’s account. Agent shall make available to Borrowers monthly render statements regarding the Loan AccountAccount to Borrower, including the principal amount of the Revolving Loansprincipal, interest accrued hereunderinterest, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statementstatements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Borrower and the Lender Group unless, (x) with respect to any error or errors in an amount less than $10,000, within 30 days after Agent first makes such a statement available to Borrowersreceipt thereof by Borrower, Borrowers Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statementstatements, and (y) with respect to all other error or errors, within 60 days after receipt thereof by Borrower, Borrower shall deliver to Agent written obligation thereto describing the error or errors contained in such statements.
Appears in 2 contracts
Samples: Credit Agreement (TrueBlue, Inc.), Credit Agreement (TrueBlue, Inc.)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with all Revolving Loans Advances (including Extraordinary Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ any Borrower’s account. Agent shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of the Revolving LoansAdvances, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 2 contracts
Samples: Credit Agreement (Jack Cooper Holdings Corp.), Credit Agreement (Jack Cooper Logistics, LLC)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “"Loan Account”") on which Borrowers will be charged with the Term Loan, all Revolving Loans (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ ' account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ ' account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ ' account. Agent shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of the Term Loan and the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 2 contracts
Samples: Credit Agreement (Farmer Brothers Co), Credit Agreement (Farmer Brothers Co)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with all Revolving Loans (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account. Agent shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 2 contracts
Samples: Debtor in Possession Credit Agreement, Senior Secured, Priming and Superpriority Debtor in Possession Credit Agreement
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with all Revolving Loans Advances (including Extraordinary Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan DocumentsDocuments (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.72.8, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account, including all amounts received in the Agent’s Account from any Cash Management Bank. Agent shall make available to Borrowers monthly render statements regarding the Loan AccountAccount to Administrative Borrower, including the principal amount of the Revolving Loansprincipal, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documentsinterest, and a summary fees, and including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statementstatements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowersreceipt thereof by Administrative Borrower, Borrowers Administrative Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statementstatements.
Appears in 2 contracts
Samples: Credit Agreement (Bookham, Inc.), Credit Agreement (Velocity Express Corp)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with all Revolving Loans Advances (including Extraordinary Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.72.8, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account, including all amounts received in the Agent’s Account from any Cash Management Bank. In accordance with Section 2.6(d), Agent shall make available to Borrowers monthly render statements regarding the Loan AccountAccount to Administrative Borrower, including the principal amount of the Revolving Loansprincipal, interest accrued hereunderinterest, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statementstatements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowersreceipt thereof by Administrative Borrower, Borrowers Administrative Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statementstatements.
Appears in 2 contracts
Samples: Credit Agreement (Altra Industrial Motion, Inc.), Credit Agreement (Boston Gear LLC)
Maintenance of Loan Account; Statements of Obligations. Administrative Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with all Revolving Loans (including Extraordinary Advances and Swing Loans) made by Administrative Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Administrative Agent from Borrowers or for Borrowers’ account. Administrative Agent shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Administrative Agent first makes such a statement available to Borrowers, Borrowers shall deliver to Administrative Agent written objection thereto describing the error or errors contained in such statement.
Appears in 2 contracts
Samples: Inventory Facility Credit Agreement (Anixter International Inc), Credit Agreement (Anixter International Inc)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with all Revolving Loans (including Extraordinary Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ account, and, subject to the delays set forth in clauses (F) and (H) of Section 2.6(d) (if applicable), with all other payment Obligations hereunder or under the other Loan Documents, Documents including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account. Agent shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 2 contracts
Samples: Credit Agreement (INFINERA Corp), Credit Agreement (INFINERA Corp)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”"LOAN ACCOUNT") on which Borrowers will be charged with the Term Loan, all Revolving Loans Advances (including Extraordinary Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ ' account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ ' account, and with all other payment Obligations hereunder or under the other Loan DocumentsDocuments (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7SECTION 2.8, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ ' account, including all amounts received in the Agent's Account from any Cash Management Bank. Agent shall make available to Borrowers monthly render statements regarding the Loan AccountAccount to Administrative Borrower, including the principal amount of the Revolving Loansprincipal, interest accrued hereunderinterest, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statementstatements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowersreceipt thereof by Administrative Borrower, Borrowers Administrative Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statementstatements.
Appears in 2 contracts
Samples: Credit Agreement (WHX Corp), Credit Agreement (Primedex Health Systems Inc)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with all Revolving Loans (including Extraordinary Advances and Swing Loans) made by Agent, Agent Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account. Agent shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowers electronically, or otherwise delivers such a statement to Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 1 contract
Maintenance of Loan Account; Statements of Obligations. Administrative Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with all Revolving Loans (including Extraordinary Supplemental Loans, Special Advances and Swing Loans) made by Administrative Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Administrative Agent from Borrowers or for Borrowers’ account. Administrative Agent shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 thirty (30) days after Administrative Agent first makes such a statement available to Borrowers, Borrowers shall deliver to Administrative Agent written objection thereto describing the error or errors contained in such statement.
Appears in 1 contract
Samples: Abl Credit Agreement (Cross Country Healthcare Inc)
Maintenance of Loan Account; Statements of Obligations. The Administrative Agent shall maintain an account on its books in the name of Borrowers the Borrower (the “Loan Account”) on which Borrowers the Borrower will be charged with all Revolving Loans (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, Agent or the Lenders to Borrowers the Borrower or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.72.06, the Loan Account will be credited with all payments received by Agent from Borrowers the Borrower or for Borrowers’ the Borrower’s account. The Administrative Agent shall make available to Borrowers the Borrower monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest demonstrable error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers the Borrower and the Lender Group unless, within 30 forty-five (45) days after Agent first makes such a statement available to Borrowersthe Borrower, Borrowers the Borrower shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 1 contract
Samples: Credit Agreement (Global Clean Energy Holdings, Inc.)
Maintenance of Loan Account; Statements of Obligations. Administrative Agent shall maintain an account on its books in the name of Borrowers Xxxxxxxx (the “Loan Account”) on which Borrowers Borrower will be charged with all Revolving Loans (including Extraordinary Advances and Swing Loans) made by Administrative Agent, Swing Lender, or the Lenders to Borrowers Borrower or for Borrowers’ Borrower’s account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.73.06, the Loan Account will be credited with all payments received by Administrative Agent from Borrowers Borrower or for Borrowers’ Xxxxxxxx’s account. Administrative Agent shall make available to Borrowers Borrower monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Xxxxxxxx and the Lender Group unless, within 30 days after Administrative Agent first makes such a statement available to BorrowersBorrower, Borrowers Borrower shall deliver to Administrative Agent written objection thereto describing the error or errors contained in such statement.
Appears in 1 contract
Samples: Abl Credit and Guarantee Agreement (Janus International Group, Inc.)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers Xxxxxxxx (the “Loan Account”) on which Borrowers Borrower will be charged with all Revolving Loans Advances (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers Borrower or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.72.6, the Loan Account will be credited with all payments received by Agent from Borrowers Borrower or for Borrowers’ Xxxxxxxx’s account. Agent shall make available to Borrowers Borrower monthly statements regarding the Loan Account, including the principal amount of the Revolving LoansAdvances, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Xxxxxxxx and the Lender Group unless, within 30 days after Agent first makes such a statement available to BorrowersBorrower, Borrowers Borrower shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 1 contract
Samples: Loan and Security Agreement (Sunrise Realty Trust, Inc.)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “"Loan Account”") on which Borrowers will be charged with the Term Loan, all Revolving Loans (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ ' account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ ' account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ ' account. Agent shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of the Term Loan and the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowersreceipt thereof by Administrative Borrower, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 1 contract
Samples: Credit Agreement (Chiquita Brands International Inc)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers Borrower (the “"Loan Account”") on which Borrowers Borrower will be charged with all Revolving Loans Advances (including Extraordinary Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers Borrower or for Borrowers’ Borrower's account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ Borrower's account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers Borrower or for Borrowers’ Borrower's account. Agent shall make available to Borrowers render monthly statements regarding the Loan AccountAccount to Borrower, including the principal amount of the Revolving Loansprincipal, interest accrued hereunderinterest, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statementstatements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Borrower and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowersreceipt thereof by Borrower, Borrowers Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statementstatements.
Appears in 1 contract
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with all Revolving Loans (including Extraordinary Advances and Swing the Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.72.5, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account. Agent shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 1 contract
Samples: Credit Agreement (Independence Contract Drilling, Inc.)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with all Revolving Loans (including Extraordinary the Term Loan and any Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders Agent to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account. Agent shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of the Revolving LoansTerm Loan, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 1 contract
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with all Revolving Loans Advances (including Extraordinary Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ any Borrower’s account. Agent shall make available to Borrowers render monthly statements regarding the Loan AccountAccount to Borrowers, including the principal amount of the Revolving Loansprincipal, interest accrued hereunderinterest, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statementstatements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 thirty (30) days after Agent first makes such a statement available to receipt thereof by Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in any such statementstatements.
Appears in 1 contract
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers Parent (the “Loan Account”) on which Borrowers will be charged with the Term Loan, all Revolving Loans (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account. Agent shall make available to Borrowers Administrative Borrower monthly statements regarding the Loan Account, including the principal amount of the Term Loan and the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 45 days after Agent first makes such a statement available to BorrowersParent, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.. ACTIVE 682292377v9 - 19 -
Appears in 1 contract
Samples: Credit Agreement (Unifi Inc)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “"Loan Account”") on which Borrowers will be charged with all Revolving Loans (including Extraordinary the Term Loan and Protective Advances and Swing Loans) made by Agent, Swing Lender, Agent or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ ' account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ ' account. Agent shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of the Revolving Term Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 1 contract
Maintenance of Loan Account; Statements of Obligations. Agent ------------------------------------------------------ shall maintain an account on its books in the name of Borrowers (the “"Loan ---- Account”") on which Borrowers will be charged with all Revolving Loans Advances (including Extraordinary Agent ------- Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ ' account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ ' account, and with all other payment Obligations hereunder or under the other Loan DocumentsDocuments (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments ----------- received by Agent from Borrowers or for Borrowers’ ' account, including all amounts received in the Agent's Account from any Cash Management Bank. Agent shall make available to Borrowers monthly render statements regarding the Loan AccountAccount to Administrative Borrower, including the principal amount of the Revolving Loansprincipal, interest accrued hereunderinterest, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statement, absent manifest error, statements shall be conclusively presumed to be correct and accurate absent manifest error and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowersreceipt thereof by Administrative Borrower, Borrowers Administrative Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statementstatements.
Appears in 1 contract
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with the Term Loan and all Revolving Loans Advances (including Extraordinary Protective Advances and Swing Loans) made by Agent, Swing Line Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged made by Issuing Bank Lender for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan DocumentsDocuments (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account. Agent shall make available to Borrowers render monthly statements regarding the Loan AccountAccount to Borrowers, including the principal amount of the Revolving LoansTerm Loan and the Advances, interest accrued hereunderinterest, fees accrued or charged hereunder or under the other Loan Documentsfees, Obligations with respect to Letters of Credit and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statementstatements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 forty-five (45) days after Agent first makes such a statement available to receipt thereof by Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in any such statementstatements.
Appears in 1 contract
Maintenance of Loan Account; Statements of Obligations. Agent shall ------------------------------------------------------ maintain an account on its books in the name of Borrowers Borrower (the “"Loan Account”") on ------------ which Borrowers Borrower will be charged with the Term Loan, all Revolving Loans Advances (including Extraordinary Agent Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers Borrower or for Borrowers’ Borrower's account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ Borrower's account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.72.8, the Loan ----------- Account will be credited with all payments received by Agent from Borrowers Borrower or for Borrowers’ Borrower's account, including all amounts received in the Agent's Account from any Cash Management Bank. Agent shall make available to Borrowers monthly render statements regarding the Loan AccountAccount to Borrower, including the principal amount of the Revolving Loansprincipal, interest accrued hereunderinterest, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statement, absent manifest error, statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Borrower and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowersreceipt thereof by Borrower, Borrowers Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statementstatements.
Appears in 1 contract
Samples: Loan and Security Agreement (DSG International LTD)