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

Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrower (the “Loan Account”) on which Borrower will be charged with the Term Loan, all Advances (including Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrower or for Borrower’s account, the Letters of Credit issued by Issuing Lender for Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents (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 Borrower or for Borrower’s account. Agent shall render statements regarding the Loan Account to Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within 30 days after receipt thereof by Borrower, Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 6 contracts

Samples: Credit Agreement (Omniture, Inc.), Credit Agreement (Landrys Restaurants Inc), Credit Agreement (Omniture, Inc.)

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Maintenance of Loan Account; Statements of Obligations. Agent Lender shall maintain an account on its books in the name of Borrower (the "Loan Account") on which Borrower will be charged with the Term Loan, all Advances (including Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders Lender to Borrower or for Borrower’s 's account, the Letters of Credit issued by Issuing Lender for Borrower’s 's account, and with all other payment Obligations hereunder or under the other Loan Documents (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 Borrower or for Borrower’s 's account, including all amounts received in the Lender's Account from any Cash Management Bank. Agent Lender shall render statements regarding the Loan Account to Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within 30 days after receipt thereof by Borrower, Borrower shall deliver to Agent Lender written objection thereto describing the error or errors contained in any such statements.

Appears in 5 contracts

Samples: Loan and Security Agreement (Overstock Com Inc), Loan and Security Agreement (Shoe Pavilion 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 Borrower the Borrowers (the “Loan Account”) on which Borrower the Borrowers will be charged with the Term Loan, all Advances Revolving Loans (including Protective Extraordinary Advances and Swing Loans) made by Agent, the Swing Lender, or the Revolving Lenders to Borrower the Borrowers or for Borrower’s the Borrowers’ account, the Letters of Credit issued or arranged by any Issuing Lender Bank for Borrower’s the Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations)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 Borrower the Borrowers or for Borrower’s the Borrowers’ account. Agent shall render make available to the Borrowers monthly statements regarding the Loan Account to BorrowerAccount, including principalthe principal amount of the Revolving Loans, interestinterest accrued hereunder, feesfees accrued or charged hereunder or under the other Loan Documents, and including an a summary itemization of all charges and expenses constituting Lender Group Expenses owingaccrued hereunder or under the other Loan Documents, and each such statementsstatement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower the Borrowers and the Lender Group unless, within 30 days after receipt thereof by BorrowerAgent first makes such a statement available to the Borrowers, Borrower the Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in any such statementsstatement.

Appears in 5 contracts

Samples: Revolving Credit Agreement (Cleveland-Cliffs Inc.), Revolving Credit Agreement (Cleveland-Cliffs Inc.), Credit Agreement (Cleveland-Cliffs Inc.)

Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrower (the “Loan Account”) on which Borrower will be charged with the Term Loan, all Advances (including Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrower or for Borrower’s account, the Letters of Credit issued by Issuing Lender for Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents (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 Borrower or for Borrower’s account. Agent shall render statements regarding the Loan Account to Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within 30 days after receipt thereof by Borrower, Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 5 contracts

Samples: Credit Agreement (Powerwave Technologies Inc), Credit Agreement (Captaris Inc), Credit Agreement (Utstarcom Inc)

Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrower Borrowers (the “Loan Account”) on which Borrower Borrowers will be charged with the Term Loan, all Advances (including Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrower Borrowers or for Borrower’s Borrowers’ account, the Letters of Credit issued by Issuing Lender for Borrower’s Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents (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 Borrower Borrowers or for BorrowerBorrowers’ account, including all amounts received in the Agent’s accountAccount from any Cash Management Bank. Agent shall render statements regarding the Loan Account to Administrative Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within 30 days after receipt thereof by Administrative Borrower, Administrative Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 5 contracts

Samples: Credit Agreement (Plato Learning Inc), Credit Agreement (Magnetek Inc), Trademark Security Agreement (Advent Software Inc /De/)

Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrower (the "Loan Account") on which Borrower will be charged with the Term Loan, all Advances (including Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrower or for Borrower’s 's account, the Letters of Credit issued or made by Issuing Lender for Borrower’s 's account, and with all other payment Obligations hereunder or under the other Loan Documents (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 Borrower or for Borrower’s 's account. Agent shall render monthly statements regarding the Loan Account to Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within 30 45 days after receipt thereof by Borrower, Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.

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 Borrower Borrowers (the “Loan Account”) on which Borrower Borrowers will be charged with the Term Loan, all Advances (including Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrower Borrowers or for any Borrower’s account, the Letters of Credit issued or arranged by Issuing Lender for any Borrower’s account, and with all other payment Obligations Obligations, in each case hereunder or under the other Loan Documents (except for Bank Product Obligations)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 Borrower Borrowers or for any Borrower’s account. Agent shall render monthly statements regarding the Loan Account to BorrowerBorrowers, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within 30 days after receipt thereof by BorrowerBorrowers, Borrower Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.

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 Borrower (the “Loan Account”) on which Borrower will be charged with the Term Loan, all Advances (including Protective Agent Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrower or for Borrower’s account, the Letters of Credit issued by Issuing Lender for Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product ObligationsObligations 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 Borrower or for Borrower’s account, including all amounts received in the Agent’s Account from any Cash Management Bank. Agent shall render statements regarding the Loan Account to Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within 30 days after receipt thereof by Borrower, Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.

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 Borrower Borrowers (the "Loan Account") on which Borrower Borrowers will be charged with the Term Loan, all Advances (including Protective Agent Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrower Borrowers or for Borrower’s Borrowers' account, the Letters of Credit issued by Issuing Lender for Borrower’s Borrowers' account, and with all other payment Obligations hereunder or under the other Loan Documents (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 Borrower Borrowers or for Borrower’s Borrowers' account, including all amounts received in the Agent's Account from any Cash Management Bank. Agent shall render statements regarding the Loan Account to Administrative Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within 30 days after receipt thereof by Administrative Borrower, Administrative Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 4 contracts

Samples: Loan and Security Agreement (Mercury Air Group Inc), Loan and Security Agreement (Advanced Lighting Technologies Inc), Contingent Warrant Agreement (Advanced Lighting Technologies Inc)

Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrower Borrowers (the “Loan Account”) on which Borrower Borrowers will be charged with the Term Loan, all Advances Revolving Loans (including Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrower Borrowers or for Borrower’s Borrowers’ account, the Letters of Credit issued or arranged by Issuing Lender Bank for Borrower’s 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 (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 Borrower Borrowers or for Borrower’s Borrowers’ account. Agent shall render make available to Borrowers monthly statements regarding the Loan Account to BorrowerAccount, including principalthe principal amount of the Term Loan and the Revolving Loans, interestinterest accrued hereunder, feesfees accrued or charged hereunder or under the other Loan Documents, and including an a summary itemization of all charges and expenses constituting Lender Group Expenses owingaccrued hereunder or under the other Loan Documents, and each such statementsstatement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within 30 days after receipt thereof by BorrowerAgent first makes such a statement available to Borrowers, Borrower Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in any such statementsstatement.

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 Borrower Borrowers (the “Loan Account”) on which Borrower Borrowers will be charged with the Term Loan, all Advances (including Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrower Borrowers or for Borrower’s Borrowers’ account, the Letters of Credit issued by Issuing Lender for Borrower’s Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents (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 Borrower Borrowers or for BorrowerBorrowers’ account, including all amounts received in the Agent’s accountAccount from any Cash Management Bank. Agent shall render statements regarding the Loan Account to Administrative Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within 30 days after receipt thereof by Administrative Borrower, Administrative Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 3 contracts

Samples: Credit Agreement (Princeton Review Inc), Credit Agreement (Youbet Com Inc), Credit Agreement (SoftBrands, Inc.)

Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrower (the "Loan Account") on which Borrower will be charged with the Term Loan, all Advances (including Protective Agent Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrower or for Borrower’s 's account, the Letters of Credit issued by Issuing Lender for Borrower’s 's account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations)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 Borrower or for Borrower’s 's account, including all amounts received in the Agent's Account from any Cash Management Bank. Agent shall render statements regarding the Loan Account to Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within 30 60 days after receipt thereof by Borrower, Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 3 contracts

Samples: Loan and Security Agreement (Acme Communications Inc), Loan and Security Agreement (Acme Television LLC), 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 Borrower Borrowers (the “Loan Account”) on which Borrower Borrowers will be charged with the Term Loan, all Advances (including Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrower Borrowers or for Borrower’s Borrowers’ account, the Letters of Credit issued or arranged by Issuing Lender for Borrower’s Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations)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 Borrower Borrowers or for any Borrower’s account. Agent shall render monthly statements regarding the Loan Account to BorrowerBorrowers, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within 30 days after receipt thereof by BorrowerBorrowers, Borrower Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.

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 Borrower (the “Loan Account”) on which Borrower will be charged with the Term Loan, all Advances (including Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrower or for Borrower’s account, the Letters of Credit issued by Issuing Lender for Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents (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 Borrower or for Borrower’s account, including all amounts received in the Agent’s Account from any Cash Management Bank. Agent shall render statements regarding the Loan Account to Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within 30 days after receipt thereof by Borrower, Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.

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 Lender shall maintain an account on its books in the name of Borrower Borrowers (the “Loan Account”) on which Borrower Borrowers will be charged with the Term Loan, all Advances (including Protective Advances and Swing Loans) Revolving Loans made by Agent, Swing Lender, or the Lenders Lender to Borrower Borrowers or for Borrower’s Borrowers’ account, the Letters of Credit issued or arranged by Issuing Lender for Borrower’s Borrowers’ account, all Term Loans made by Lender to Borrowers or for Borrowers’ account, and with all interest, fees and expenses in respect thereof (in each case, as and when payable hereunder or under the other Loan Documents), and all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations)Documents, including, accrued and all interest, fees and expensesfees, and expenses in respect thereof (in each case, as and when payable hereunder or under the other Loan Documents). Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrower or for Borrower’s account. Agent shall render monthly statements regarding the Loan Account to Administrative Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, statements shall be conclusively presumed to be correct and accurate (absent manifest error) and constitute an account stated between each Borrower and the Lender Group unless, within 30 thirty (30) days after receipt thereof by Administrative Borrower, Administrative Borrower shall deliver to Agent Lender written objection thereto describing the error or errors contained in any such statements.

Appears in 3 contracts

Samples: Credit Agreement (Silvercrest Asset Management Group Inc.), Credit Agreement (Silvercrest Asset Management Group Inc.), Credit Agreement (Silvercrest Asset Management Group Inc.)

Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrower (the “Loan Account”) on which Borrower will be charged with the Term Loan, all Advances (including Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrower or for Borrower’s account, the Letters of Credit issued by Issuing Lender for Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents (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 Borrower or for Borrower’s account, including all amounts received in the Agent’s Account from any Cash Management Bank. Agent shall render statements regarding the Loan Account to Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within 30 days after receipt thereof by Borrower, Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.

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 Borrower Borrowers (the “Loan Account”) on which Borrower Borrowers will be charged with the Term Loan, all Advances Revolving Loans (including Protective Advances, Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrower Borrowers or for Borrower’s Borrowers’ account, the Letters of Credit issued or arranged by Issuing Lender Bank for Borrower’s 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 (except for Bank Product Obligations)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 Borrower Borrowers or for Borrower’s Borrowers’ account. Agent shall render make available to Borrowers monthly statements regarding the Loan Account to BorrowerAccount, including principalthe principal amount of the Revolving Loans, interestinterest accrued hereunder, feesfees accrued or charged hereunder or under the other Loan Documents, and including an a summary itemization of all charges and expenses constituting Lender Group Expenses owingaccrued hereunder or under the other Loan Documents, and each such statementsstatement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within 30 45 days after receipt thereof by BorrowerAgent first makes such a statement available to Borrowers, Borrower Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in any such statementsstatement.

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 Borrower (the “Loan Account”) on which Borrower will be charged with the Term LoanLoans, all Advances (including Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrower or for Borrower’s account, the Letters of Credit issued or arranged by Issuing Lender for Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations)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 Borrower or for Borrower’s account. Agent shall render monthly statements regarding the Loan Account to Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within 30 days after receipt thereof by Borrower, Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.

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 Borrower (the “Loan Account”) on which Borrower will be charged with the Term Loan, the Capex Term Loan, all Advances (including Protective Advances and Swing LoansAgent Advances) made by Agent, Swing Lender, Agent or the Lenders to Borrower or for Borrower’s account, the Letters of Credit issued by Issuing Lender for Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents (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 Borrower or for Borrower’s account, including all amounts received in the Agent’s Account from any Cash Management Bank. Agent shall render statements regarding the Loan Account to Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within 30 days after receipt thereof by Borrower, Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 3 contracts

Samples: Loan and Security Agreement (Freshpet, Inc.), And Security Agreement (Freshpet, Inc.), And Security Agreement (Freshpet, Inc.)

Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrower Borrowers (the “Loan Account”) on which Borrower Borrowers will be charged with the Term Loan, all Advances (including Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrower Borrowers or for any Borrower’s account, the Letters of Credit issued or arranged by Issuing Lender for any Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations)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 Borrower Borrowers or for any Borrower’s account. Agent shall render monthly statements regarding the Loan Account to BorrowerBorrowers, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within 30 days after receipt thereof by BorrowerBorrowers, Borrower Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.

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 Borrower Borrowers (the "Loan Account") on which Borrower Borrowers will be charged with the Term Loan, all Advances (including Protective Agent Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrower Borrowers or for Borrower’s Borrowers' account, the Letters of Credit issued by Issuing Lender for Borrower’s Borrowers' account, and with all other payment Obligations hereunder or under the other Loan Documents (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 Borrower Borrowers or for Borrower’s Borrowers' account, including all amounts received in the Agent's Account from any Cash Management Bank. Agent shall render statements regarding the Loan Account to Administrative Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within 30 days after receipt thereof by Administrative Borrower, Administrative Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.

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 Borrower Borrowers (the “Loan Account”) on which Borrower Borrowers will be charged with the Term Loan, all Advances (including Protective Agent Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrower Borrowers or for Borrower’s Borrowers’ account, the Letters of Credit issued by Issuing Lender for Borrower’s Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents (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 Borrower Borrowers or for BorrowerBorrowers’ account, including all amounts received in the Agent’s accountAccount from any Cash Management Bank. Agent shall render statements regarding the Loan Account to Administrative Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within 30 days after receipt thereof by Administrative Borrower, Administrative Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.

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 Borrower (the “Loan Account”) on which Borrower will be charged with the Term Loan, all Advances Revolving Loans (including Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrower or for Borrower’s account, the Letters of Credit issued or arranged by Issuing Lender Bank for Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations)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 Borrower or for Borrower’s account. Agent shall render make available to Borrower monthly statements regarding the Loan Account to BorrowerAccount, including principalthe principal amount of the Term Loan and the Revolving Loans, interestinterest accrued hereunder, feesfees accrued or charged hereunder or under the other Loan Documents, and including an a summary itemization of all charges and expenses constituting Lender Group Expenses owingaccrued hereunder or under the other Loan Documents, and each such statementsstatement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within 30 60 days after receipt thereof by Agent first makes such a statement available to Borrower, Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statementsstatement.

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 Borrower (the “Loan Account”) on which Borrower will be charged with the Term Loan, all Advances (including Protective Agent Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrower or for Borrower’s account, the Letters of Credit issued by Issuing Lender for Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations)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 Borrower or for Borrower’s account, including all amounts received in the Agent’s Account from any Cash Management Bank. Agent shall render statements regarding the Loan Account to Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within 30 days after receipt thereof by Borrower, Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.

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 Borrower Borrowers (the “Loan Account”) on which Borrower Borrowers will be charged with the Term Loan, all Advances Revolving Loans (including Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrower Borrowers or for Borrower’s Borrowers’ account, the Letters of Credit issued or arranged by Issuing Lender Bank for Borrower’s 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 (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 Borrower Borrowers or for Borrower’s Borrowers’ account. Agent shall render make available to Borrowers monthly statements regarding the Loan Account to BorrowerAccount, including principalthe principal amount of the Revolving Loans, interestinterest accrued hereunder, feesfees accrued or charged hereunder or under the other Loan Documents, and including an a summary itemization of all charges and expenses constituting Lender Group Expenses owingaccrued hereunder or under the other Loan Documents, and each such statementsstatement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within 30 days after receipt thereof by BorrowerAgent first makes such a statement available to Borrowers, Borrower Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in any such statementsstatement.

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 Borrower (the “Loan Account”) on which Borrower will be charged with the Term Loan, all Advances Loans (including Protective Agent Revolving Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrower or for Borrower’s account, the Letters of Credit issued by Issuing Lender for Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents (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 Borrower or for Borrower’s account, including all amounts received in the Agent’s Account from any Cash Management Bank. Agent shall render statements regarding the Loan Account to Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within 30 days after receipt thereof by Borrower, Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 2 contracts

Samples: Possession Loan and Security Agreement, Loan and Security Agreement (Sharper Image Corp)

Maintenance of Loan Account; Statements of Obligations. Agent Lender shall maintain an account on its books in the name of each Borrower (the "Loan Account," and, collectively, the "Loan Accounts") on which the applicable Borrower will be charged with the Term Loan, all Advances (including Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders Lender to such Borrower or for such Borrower’s 's account, the Letters of Credit issued by Issuing Lender for such Borrower’s 's account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations)Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.72.8, the Loan Account of each Borrower will be credited with all payments received by Agent Lender from such Borrower or for such Borrower’s 's account. Agent Lender shall render statements regarding the each Borrower's Loan Account to the applicable Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within 30 days after receipt thereof by the applicable Borrower, such Borrower shall deliver to Agent Lender written objection thereto describing the error or errors contained in any such statements.

Appears in 2 contracts

Samples: Loan and Security Agreement (Majestic Investor Capital Corp), Loan and Security Agreement (Majestic Investor Capital Corp)

Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrower Borrowers (the "Loan Account") on which Borrower Borrowers will be charged with the Term Loan, all Advances (including Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrower Borrowers or for Borrower’s Borrowers' account, the Letters of Credit issued or arranged by Issuing Lender for Borrower’s Borrowers' account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations)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 Borrower Borrowers or for any Borrower’s 's account. Agent shall render monthly statements regarding the Loan Account to BorrowerBorrowers, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest or demonstrable error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within 30 days after receipt thereof by BorrowerBorrowers, Borrower Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.

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 Borrower Borrowers (the “Loan Account”) on which Borrower Borrowers will be charged with the FILO Term Loan, all Advances Revolving Loans (including Protective Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrower Borrowers or for Borrower’s Borrowers’ account, the Letters of Credit issued or arranged by Issuing Lender Bank for Borrower’s Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations)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 Borrower Borrowers or for Borrower’s Borrowers’ account. Agent shall render make available to Borrowers monthly statements regarding the Loan Account to BorrowerAccount, including principalthe principal amount of the FILO Term Loan, interestRevolving Loans, feesinterest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and including an a summary itemization of all charges and expenses constituting Lender Group Expenses owingaccrued hereunder or under the other Loan Documents, and each such statementsstatement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within 30 days after receipt thereof by BorrowerAgent first makes such a statement available to Borrowers, Borrower Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in any such statementsstatement.

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 Borrower Borrowers and (the “Loan Account”) on which Borrower Borrowers will be charged with the Term Loan, all Advances (including Protective Agent Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrower Borrowers or for Borrower’s Borrowers’ account, the Letters of Credit issued by Issuing Lender for Borrower’s Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents (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 Borrower Borrowers or for BorrowerBorrowers’ account, including all amounts received in the Agent’s accountAccount from any Cash Management Bank. Agent shall render statements regarding the Loan Account to Administrative Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within 30 45 days after receipt thereof by Administrative Borrower, Administrative Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.

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 Borrower Borrowers (the “Loan Account”"LOAN ACCOUNT") on which Borrower Borrowers will be charged with the Term Loan, all Advances (including Protective Agent Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrower Borrowers or for Borrower’s Borrowers' account, the Letters of Credit issued by Issuing Lender for Borrower’s Borrowers' account, and with all other payment Obligations hereunder or under the other Loan Documents (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 Borrower Borrowers or for Borrower’s Borrowers' account, including all amounts received in the Agent's Account from any Cash Management Bank. Agent shall render statements regarding the Loan Account to Administrative Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within 30 days after receipt thereof by Administrative Borrower, Administrative Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 2 contracts

Samples: Loan and Security Agreement (Evergreen International Aviation Inc), Loan and Security Agreement (Midway Games Inc)

Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrower (the “Loan Account”) on which Borrower will be charged with the Term Loan, all Advances (including Protective Agent Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrower or for Borrower’s account, the Letters of Credit issued by Issuing Lender for Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations)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 Borrower or for Borrower’s account, including all amounts received in the Agent’s Account from any Cash Management Bank. Agent shall render statements regarding the Loan Account to Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within 30 60 days after receipt thereof by Borrower, Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.

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 Borrower Borrowers (the "Loan Account") on which Borrower Borrowers will be charged with the Term Loan, all Advances (including Protective Agent Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrower Borrowers or for Borrower’s Borrowers' account, the Letters of Credit issued by Issuing Lender for Borrower’s Borrowers' account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations)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 Borrower Borrowers or for Borrower’s Borrowers' account, including all amounts received in the Agent's Account from any Cash Management Bank. Agent shall render statements regarding the Loan Account to Administrative Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group absent manifest error unless, within 30 days after receipt thereof by Administrative Borrower, Administrative Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.

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 Borrower (the "Loan Account") on which Borrower will be charged with the Term Loan, all Advances (including Protective Agent Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrower or for Borrower’s 's account, the Letters of Credit issued by Issuing Lender for Borrower’s 's account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations)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 Borrower or for Borrower’s 's account, including all amounts received in the Agent's Account from any Cash Management Bank. Agent shall render statements regarding the Loan Account to Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within 30 days after receipt thereof by Borrower, Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.

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 Borrower (the "Loan Account") on which Borrower will be charged with the Term Loan, all Advances (including Protective Agent Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrower or for Borrower’s 's account, the Letters of Credit issued by Issuing Lender for Borrower’s 's account, and with all other payment Obligations hereunder or under the other Loan Documents (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 Borrower or for Borrower’s 's account, including all amounts received in the Agent's Account from any Cash Management Bank. Agent shall render statements regarding the Loan Account to Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within 30 days after receipt thereof by Borrower, Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.

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 Borrower (the “Loan Account”) on which Borrower will be charged with the Term Loan, all Advances (including Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrower or for Borrower’s account, the Letters of Credit issued or made by Issuing Lender for Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents (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 Borrower or for Borrower’s account. Agent shall render statements regarding the Loan Account to Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within 30 days after receipt thereof by Borrower, Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.

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 Borrower Parent (the “Loan Account”) on which Borrower Borrowers will be charged with the Term Loan, all Advances Revolving Loans (including Protective Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrower Borrowers or for Borrower’s Borrowers’ account, the Letters of Credit issued or arranged by Issuing Lender for Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations)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 Borrower Borrowers or for Borrower’s Borrowers’ account. Agent shall render make available to Parent monthly statements regarding the Loan Account to BorrowerAccount, including principalthe principal amount of the Term Loan and the Revolving Loans, interestinterest accrued hereunder, feesfees accrued or charged hereunder or under the other Loan Documents, and including an a summary itemization of all charges and expenses constituting Lender Group Expenses owingaccrued hereunder or under the other Loan Documents, and each such statementsstatement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within 30 45 days after receipt thereof by BorrowerAgent first makes such a statement available to Parent, Borrower Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in any such statementsstatement.

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 Borrower Borrowers (the “Loan Account”) on which Borrower the applicable Borrowers will be charged with the Term Loan, all Advances (including Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrower applicable Borrowers or for Borrower’s applicable Borrowers’ account, the Letters of Credit issued by Issuing Lender for Borrower’s Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents (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 Borrower Borrowers or for BorrowerBorrowers’ account, including all amounts received in Agent’s accountAccount from any Cash Management Bank. Agent shall render monthly statements regarding the Loan Account to Borrower, Administrative Borrower including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within 30 days after receipt thereof by Administrative Borrower, Administrative Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.

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 Borrower Borrowers (the “Loan Account”) on which Borrower Borrowers will be charged with the Term Loan, all Advances (including Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrower Borrowers or for Borrower’s account, the Letters of Credit issued by Issuing Lender for Borrower’s Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents (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 Borrower Borrowers or for BorrowerBorrowers’ account, including all amounts received in the Agent’s accountAccount from any Cash Management Bank. Agent shall render statements regarding the Loan Account to Administrative Borrower, including principal, interest, interest and fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within 30 60 days after receipt thereof by Administrative Borrower, Administrative Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.

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 Borrower (the "Loan Account") on which Borrower will be charged with the Term Loan, all Advances (including Protective Agent Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrower or for Borrower’s 's account, the Letters of Credit issued by Issuing Lender for Borrower’s 's account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations)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 Borrower or for Borrower’s 's account, including all amounts received in the Agent's Account from any Cash Management Bank. Agent shall render statements regarding the Loan Account to Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within 30 days after receipt thereof by Borrower, Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 2 contracts

Samples: Loan and Security Agreement (Hudson Respiratory Care Inc), Guaranty and Security Agreement (Payless Shoesource Inc /De/)

Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrower Borrowers (the “Loan Account”) on which Borrower Borrowers will be charged with the Term Loan, all Advances (including Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrower Borrowers or for Borrower’s Borrowers’ account, the Letters of Credit issued or made by Issuing Lender for Borrower’s Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents (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 Borrower Borrowers or for Borrower’s Borrowers’ account. Agent shall render monthly statements regarding the Loan Account to Administrative Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within 30 days after receipt thereof by Administrative Borrower, Administrative Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 2 contracts

Samples: Credit Agreement (Finisar Corp), Credit Agreement (Finisar Corp)

Maintenance of Loan Account; Statements of Obligations. Agent Lender shall maintain an account on its books in the name of Borrower (the “Loan Account”) on which Borrower will be charged with the Term Loan, all Advances (including Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders Lender to Borrower or for Borrower’s account, the Letters of Credit issued by Issuing Lender for Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents (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 Borrower or for Borrower’s account, including all amounts received in the Lender’s Account from any Cash Management Bank. Agent Lender shall render statements regarding the Loan Account to Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within 30 days after receipt thereof by Borrower, Borrower shall deliver to Agent Lender written objection thereto describing the error or errors contained in any such statements.

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 Borrower (the “Loan Account”) on which Borrower will be charged with the Term Loan, all Advances (including Protective Agent Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrower or for Borrower’s account, the Letters of Credit issued by Issuing Lender for Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents (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 Borrower or for Borrower’s account, including all amounts received in the Agent’s Account from any Cash Management Bank. Agent shall render statements regarding the Loan Account to Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within 30 days after receipt thereof by Borrower, Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.

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 Borrower (the “Loan Account”) on which Borrower will be charged with the Term Loan, all Advances (including Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrower or for Borrower’s account, the Letters of Credit issued or made by Issuing Lender for Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents (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 Borrower or for Borrower’s account. Agent shall render statements regarding the Loan Account to Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between 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 receipt thereof by Borrower, Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statements, 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 Borrower (the “Loan Account”) on which Borrower will be charged with the Term Loan, all Advances Revolving Loans (including Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrower or for Borrower’s account, the Letters of Credit issued or arranged by Issuing Lender Bank for Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations)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 Borrower or for Borrower’s account. Agent shall render make available to Borrower monthly statements regarding the Loan Account to BorrowerAccount, including principalthe principal amount of the Term Loan and the Revolving Loans, interestinterest accrued hereunder, feesfees accrued or charged hereunder or under the other Loan Documents, and including an a summary itemization of all charges and expenses constituting Lender Group Expenses owingaccrued hereunder or under the other Loan Documents, and each such statementsstatement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within 30 days after receipt thereof by Agent first makes such a statement available to Borrower, Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statementsstatement.

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 Borrower (the “Loan Account”) on which Borrower will be charged with the Term Loan, all Advances (including Revolver Loans, Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrower or for Borrower’s account, the Letters of Credit issued or arranged by Issuing Lender for Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations)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 Borrower or for Borrower’s account. Agent shall render monthly statements regarding the Loan Account to Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within 30 days after receipt thereof by Borrower, Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 2 contracts

Samples: Credit Agreement (Horizon Lines, Inc.), Credit Agreement (Horizon Lines, Inc.)

Maintenance of Loan Account; Statements of Obligations. Agent Lender shall maintain an account on its books in the name of Borrower (the “Loan Account”) on which Borrower will be charged with the Term Loan, all Advances (including Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders Lender to Borrower or for Borrower’s account, the Letters of Credit issued by Issuing Lender for Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents (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 Lender from Borrower or for Borrower’s account, including all amounts received in the Lender’s Account from any Cash Management Bank. Agent Lender shall render statements regarding the Loan Account to Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statementsstatements shall constitute prima facie evidence of the, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within 30 days after receipt thereof by Borrower, Borrower shall deliver to Agent Lender written objection thereto describing the error or errors contained in any such statements.

Appears in 2 contracts

Samples: Loan and Security Agreement (Swank, Inc.), Loan and Security Agreement (Swank, Inc.)

Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrower Borrowers (the "Loan Account") on which Borrower Borrowers will be charged with the Term Loan, all Advances (including Protective Agent Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrower Borrowers or for Borrower’s Borrowers' account, the Letters of Credit issued by Issuing Lender for Borrower’s Borrowers' account, and with all other payment Obligations hereunder or under the other Loan Documents (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 Borrower Borrowers or for Borrower’s Borrowers' account, including all amounts received in the Agent's Account from any Cash Management Bank. Agent shall render statements regarding the Loan Account to Administrative Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within 30 days after receipt thereof by Administrative Borrower, Administrative Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 2 contracts

Samples: Loan Agreement (Source Interlink Companies Inc), Loan and Security Agreement (Advanced Marketing Services Inc)

Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrower Borrowers (the “Loan Account”) on which Borrower Borrowers will be charged with the Term Loan, all Advances (including Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrower Borrowers or for Borrower’s Borrowers’ account, the Letters of Credit issued by Issuing Lender for Borrower’s Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents (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 Borrower Borrowers or for BorrowerBorrowers’ account, including all amounts received in the Agent’s accountAccount from any Cash Management Bank. Agent shall render statements regarding the Loan Account to Administrative Borrower, including principal, interest, and fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within 30 days after receipt thereof by Administrative Borrower, Administrative Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.

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 Borrower the Borrower, (the “Loan Account”) on which the Borrower will be charged with the Term Loan, all Advances (including Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrower or for Borrower’s account, the Letters of Credit issued by Issuing Lender for Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations)Documents, including, including accrued interest, premiums, if any (including any Make-Whole Premiums), fees and expenses, and Lender Group Expenses, and any other fees and expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent or any Lender from the Borrower or for the Borrower’s account. Agent and/or the Lenders shall render endeavor to provide statements regarding the Loan Account to the Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owingowing (but neither Agent nor any Lender shall have any liability if Agent and/or the Lenders shall fail to provide any such statement), and such statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between the Borrower and the Lender Group unless, within 30 thirty (30) days after receipt thereof by BorrowerAgent first makes such a statement available to the Borrower (or such longer period as Required Lenders may agree in their sole discretion), the Borrower shall deliver to Agent and the Lenders written objection thereto describing the error or errors contained in any such statements.. 2.10

Appears in 2 contracts

Samples: Credit Agreement (Jushi Holdings Inc.), Credit Agreement (Jushi Holdings Inc.)

Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrower Borrowers (the “Loan Account”) on which Borrower Borrowers will be charged with the Term Loan, all Advances (including Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrower Borrowers or for Borrower’s Borrowers’ account, the Letters of Credit issued by Issuing Lender for Borrower’s Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations)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 Borrower Borrowers or for BorrowerBorrowers’ account, including all amounts received in the Agent’s accountAccount from any Cash Management Bank. In accordance with Section 2.6(d), Agent shall render statements regarding the Loan Account to Administrative Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within 30 days after receipt thereof by Administrative Borrower, Administrative Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 2 contracts

Samples: Credit Agreement (Altra Industrial Motion, Inc.), Credit Agreement (Boston Gear LLC)

Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrower (the “Loan Account”) on which Borrower will be charged with the Term Loan, all Advances (including Protective Agent Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrower or for Borrower’s account, the Letters of Credit issued by Issuing Lender for Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents (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 Borrower or for Borrower’s account, including all amounts received in the Agent’s Account from any Cash Management Bank. Agent shall render statements regarding the Loan Account to Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within 30 days after receipt thereof by Borrower, Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.

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 shall maintain an account on its books in the name of Borrower (the “Loan Account”) on which Borrower will be charged with the Term Loan, all Advances (including Protective Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrower or for Borrower’s account, the Letters of Credit issued or arranged by Issuing Lender for 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 Documents (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 Borrower or for Borrower’s account. Agent shall render rendermake available to Borrower monthly statements regarding the Loan Account to Borrower, including principal, interest, fees, and including an anthe principal amount of the Advances, 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 owing, and such statementsstatementsaccrued 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 Borrower and the Lender Group unless, within 30 60 days after receipt thereof by byAgent first makes such a statement available to Borrower, Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statementsstatementsstatement.

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 accounts on its books in the name of Borrower the U.S. Borrowers (the “U.S. Loan Account”) and the Foreign Borrowers (the “Foreign Loan Account” and together with the U.S. Loan Account, the “Loan Accounts”) on which Borrower the U.S. Borrowers and the Foreign Borrowers will be charged with the Term Loan, all applicable U.S. Advances and Foreign Advances (including Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Administrative Borrower or for any applicable Borrower’s account, the Letters of Credit issued or made by Issuing Lender for any applicable Borrower’s account, and with all other payment Obligations outstanding hereunder or under the other Loan Documents (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the applicable Loan Account will be credited with all payments received by Agent from any applicable Borrower or for any Borrower’s account. Agent shall render monthly statements regarding the Loan Account Accounts to Administrative Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower the Borrowers and the Lender Group unless, within 30 days after receipt thereof by U.S. Administrative Borrower, U.S. Administrative Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 2 contracts

Samples: Credit Agreement (Stream Global Services, Inc.), Credit Agreement (Stream Global Services, Inc.)

Maintenance of Loan Account; Statements of Obligations. Agent Lender shall maintain an account on its books in the name of Borrower Borrowers (the "Loan Account") on which Borrower Borrowers will be charged with the Term Loan, all Advances (including Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders Lender to Borrower Borrowers or for Borrower’s Borrowers' account, the Letters of Credit issued by Issuing Lender for Borrower’s Borrowers' account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations), including, accrued interest, fees and expensesfees, 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 Borrower Borrowers or for Borrower’s Borrowers' account, including all amounts received in the Lender's Account from any Cash Management Bank. Agent shall Lender shall, within 20 days after the close of each calendar month, render to Administrative Borrower statements regarding all activities in the Loan Account to Borrowerduring such month, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within 30 60 days after receipt thereof by Administrative Borrower, Administrative Borrower shall deliver to Agent Lender written objection thereto describing the error or errors contained in any such statements.

Appears in 2 contracts

Samples: Loan and Security Agreement (Seitel Inc), Loan and Security Agreement (Seitel Inc)

Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrower Borrowers (the “Loan Account”) on which Borrower Borrowers will be charged with the Term Loan, all Advances Revolving Loans (including Protective Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrower Borrowers or for Borrower’s Borrowers’ account, the Letters of Credit issued or arranged by Issuing Lender Bank for Borrower’s 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 (except for Bank Product Obligations)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 Borrower Borrowers or for Borrower’s Borrowers’ account. Agent shall render make available to Borrowers monthly statements regarding the Loan Account to BorrowerAccount, including principalthe principal amount of the Revolving Loans, interestinterest accrued hereunder, feesfees accrued or charged hereunder or under the other Loan Documents, and including an a summary itemization of all charges and expenses constituting Lender Group Expenses owingaccrued hereunder or under the other Loan Documents, and each such statementsstatement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within 30 days after receipt thereof by BorrowerAgent first makes such a statement available to Borrowers, Borrower Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in any such statementsstatement.

Appears in 2 contracts

Samples: Credit Agreement (McClatchy Co), Intercreditor Agreement (McClatchy Co)

Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrower Borrowers (the “Loan Account”"LOAN ACCOUNT") on which Borrower Borrowers will be charged with the Term Loan, all Advances (including Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrower Borrowers or for Borrower’s Borrowers' account, the Letters of Credit issued by Issuing Lender for Borrower’s Borrowers' account, and with all other payment Obligations hereunder or under the other Loan Documents (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 Borrower Borrowers or for Borrower’s Borrowers' account, including all amounts received in the Agent's Account from any Cash Management Bank. Agent shall render statements regarding the Loan Account to Administrative Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within 30 days after receipt thereof by Administrative Borrower, Administrative Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.

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 Borrower Borrowers (the “Loan Account”) on which Borrower Borrowers will be charged with the Term Loan, all Advances (including Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrower Borrowers or for Borrower’s Borrowers’ account, the Letters of Credit issued by Issuing Lender for Borrower’s Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents (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 Borrower Borrowers or for Borrower’s Borrowers’ account. Agent shall render statements regarding the Loan Account to Administrative Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within 30 days after receipt thereof by Administrative Borrower, Administrative Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 2 contracts

Samples: Credit Agreement (Angiotech Pharmaceuticals Inc), Credit Agreement (Medquist Inc)

Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrower Borrowers (the “Loan Account”) on which Borrower Borrowers will be charged with the Term Loan, all Advances (including Protective Agent Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrower Borrowers or for Borrower’s Borrowers’ account, the Letters of Credit issued by Issuing Lender for Borrower’s Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents (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 Borrower Borrowers or for BorrowerBorrowers’ account, including all amounts received in the Agent’s accountAccount from any Cash Management Bank. Agent shall render statements regarding the Loan Account to Administrative Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within 30 days after receipt thereof by Administrative Borrower, Administrative Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.

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 Lender shall maintain an account on its books in the name of Borrower Borrowers (the “Loan Account”) on which Borrower Borrowers will be charged with the Term Loan, all Advances (including Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders Lender to Borrower Borrowers or for Borrower’s Borrowers’ account, the Letters of Credit issued by Issuing Lender for Borrower’s Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations), including, accrued interest, fees and expensesfees, 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 Borrower Borrowers or for BorrowerBorrowers’ account, including all amounts received in the Lender’s accountAccount from any Cash Management Bank. Agent shall Lender shall, within 20 days after the close of each calendar month, render to Administrative Borrower statements regarding all activities in the Loan Account to Borrowerduring such month, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within 30 60 days after receipt thereof by Administrative Borrower, Administrative Borrower shall deliver to Agent Lender written objection thereto describing the error or errors contained in any such statements.

Appears in 2 contracts

Samples: Loan and Security Agreement (Matrix Geophysical, Inc.), Loan and Security Agreement (Seitel Inc)

Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Subsidiary Borrower (the "Loan Account") on which Subsidiary Borrower will be charged with the Term Loan, all Advances (including Protective Agent Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Subsidiary Borrower or for Subsidiary Borrower’s 's account, the Letters of Credit issued by Issuing Lender for Subsidiary Borrower’s 's account, and with all other payment Obligations hereunder or under the other UK Loan Documents (except for Bank Product Obligations)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 Subsidiary Borrower or for Subsidiary Borrower’s 's account, including all amounts received in the Agent's Account from any UK Cash Management Bank. Agent shall render statements regarding the Loan Account to Subsidiary Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Subsidiary Borrower and the Lender Group unless, within 30 days after receipt thereof by Subsidiary Borrower, Subsidiary Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 2 contracts

Samples: Loan Agreement (Palm Inc), Loan Agreement (Palm Inc)

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Maintenance of Loan Account; Statements of Obligations. Administrative Agent shall maintain an account on its books in the name of Borrower (the “Loan Account”) on which Borrower will be charged with the Term Loan, all Advances (including Protective Advances and Swing Loans) made by Administrative Agent, Swing Lender, or the Lenders to Borrower or for Borrower’s account, the Letters of Credit issued or made by Issuing Lender for Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents (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 Administrative Agent from Borrower or for Borrower’s account. Administrative Agent shall render monthly statements regarding the Loan Account to Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within 30 days after receipt thereof by Borrower, Borrower shall deliver to the Administrative Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 2 contracts

Samples: Credit Agreement (Watsco Inc), Credit Agreement (Watsco Inc)

Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrower (the “Loan Account”) on which Borrower will be charged with the Term Loanall Floorplan Loans (including Extraordinary Floorplan Advances and Floorplan Swing 126471205_8 Loans), all Advances Revolving Loans (including Protective Extraordinary Revolver Advances and Revolver Swing Loans) made by Agent, a Swing Lender, or the Lenders to Borrower or for Borrower’s account, the Letters of Credit issued or arranged by Issuing Lender Bank for Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations)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 Borrower or for Borrower’s account. Agent shall render make available to Borrower monthly statements regarding the Loan Account to BorrowerAccount, including principalthe principal amount of the Floorplan Loans and the Revolving Loans, interestinterest accrued hereunder, feesfees accrued or charged hereunder or under the other Loan Documents, and including an a summary itemization of all charges and expenses constituting Lender Group Expenses owingaccrued hereunder or under the other Loan Documents, and each such statementsstatement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within 30 days after receipt thereof by Agent first makes such a statement available to Borrower, Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statementsstatement.

Appears in 1 contract

Samples: Credit Agreement (Titan Machinery Inc.)

Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrower Borrowers (the "Loan Account") on which Borrower Borrowers will be charged with the Term Loan, all Advances (including Protective Agent Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrower Borrowers or for Borrower’s Borrowers' account, the Letters of Credit issued by Issuing Lender for Borrower’s Borrowers' account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations)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 Borrower Borrowers or for Borrower’s Borrowers' account, including all amounts received in the Agent's Account from any Cash Management Bank. Agent shall render statements regarding the Loan Account to Administrative Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within 30 days after receipt thereof by Administrative Borrower, Administrative Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Loan and Security Agreement (Dairy Mart Convenience Stores Inc)

Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrower (the “Loan Account”) on which Borrower will be charged with the Term Loan, all Advances (including Protective General Advances, Protective Last Out Advances, Swing Loans, First Out Advances and Swing LoansLast Out Advances) made by Agent, Oak Hill, Swing Lender, or the Lenders to Borrower or for Borrower’s account, the Letters of Credit issued by Issuing Lender for Borrower’s account, and with all other payment Obligations Obligations, when due, hereunder or under the other Loan Documents (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group ExpensesExpenses in accordance with Section 2.6(d). In accordance with Section 2.72.8, the Loan Account will be credited with all payments received by Agent from Borrower or for Borrower’s account, including all amounts received in the Agent’s Account from any Cash Management Bank. Agent shall render statements regarding the Loan Account to Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within 30 days after receipt thereof by Borrower, Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Credit Agreement (SAVVIS, Inc.)

Maintenance of Loan Account; Statements of Obligations. Agent Lender shall maintain an account on its books in the name of Borrower Borrowers (the “Loan Account”) on which Borrower Borrowers will be charged with the Term Loan, all Advances (including Protective Advances and Swing Loans) Revolving Loans made by Agent, Swing Lender, or the Lenders Lender to Borrower Borrowers or for Borrower’s Borrowers’ account, the Letters of Credit issued or arranged by Issuing Xxxxxx for Borrowers’ account, all Term Loans made by Lender to Borrowers or for Borrower’s Borrowers’ account, and with all interest, fees and expenses in respect thereof (in each case, as and when payable hereunder or under the other Loan Documents), and all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations)Documents, including, accrued and all interest, fees and expensesfees, and expenses in respect thereof (in each case, as and when payable hereunder or under the other Loan Documents). Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrower or for Borrower’s account. Agent shall render monthly statements regarding the Loan Account to Administrative Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, statements shall be conclusively presumed to be correct and accurate (absent manifest error) and constitute an account stated between each Borrower and the Lender Group unless, within 30 thirty (30) days after receipt thereof by Administrative Borrower, Administrative Borrower shall deliver to Agent Lender written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Credit Agreement (Silvercrest Asset Management Group Inc.)

Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrower (the “Loan Account”) on which Borrower will be charged with the Term Loanall Floorplan Loans (including Extraordinary Floorplan Advances and Floorplan Swing Loans), all Advances Revolving Loans (including Protective Extraordinary Revolver Advances and Revolver Swing Loans) made by Agent, a Swing Lender, or the Lenders to Borrower or for BorrowerXxxxxxxx’s account, the Letters of Credit issued or arranged by Issuing Lender Bank for Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations)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 Borrower or for BorrowerXxxxxxxx’s account. Agent shall render make available to Borrower monthly statements regarding the Loan Account to BorrowerAccount, including principalthe principal amount of the Floorplan Loans and the Revolving Loans, interestinterest accrued hereunder, feesfees accrued or charged hereunder or under the other Loan Documents, and including an a summary itemization of all charges and expenses constituting Lender Group Expenses owingaccrued hereunder or under the other Loan Documents, and each such statementsstatement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within 30 days after receipt thereof by Borrower, Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any first makes such statements.a statement

Appears in 1 contract

Samples: Credit Agreement (Titan Machinery Inc.)

Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrower (the “Loan Account”) on which Borrower will be charged with the Term Loan, all Advances (including Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrower or for Borrower’s account, the Letters of Credit issued by Issuing Lender for Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents (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 Borrower or for Borrower’s account. Agent shall render statements regarding the Loan Account to Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within 30 days after receipt thereof by Borrower, Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Credit Agreement (Jamba, Inc.)

Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrower (the “Loan Account”) on which Borrower will be charged with the Term Loan, all Advances (including Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrower or for Borrower’s account, the Letters of Credit issued by Issuing Lender for Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations), including, 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 Borrower or for Borrower’s account, including all amounts received in the Agent’s Account from any Cash Management Bank. Agent shall render statements regarding the Loan Account to Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within 30 days after receipt thereof by Borrower, Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Credit Agreement (Sanfilippo John B & Son Inc)

Maintenance of Loan Account; Statements of Obligations. Collateral Agent on behalf of Administrative Agent and Lender Group shall maintain an account on its books in the name of Borrower (the "Loan Account") on which Borrower will be charged with the Term Loan, all Advances (including Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders Lender Group to Borrower or for Borrower’s account's account (including all Agent Loans and Agent Advances), including accrued interest, fees, the Letters of Credit issued by Issuing Lender for Borrower’s accountGroup Expenses, and with all any other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expensesof Borrower. In accordance with Section 2.72.8, the Loan Account will be credited with all payments received by Collateral Agent from Borrower or for Borrower’s 's account, including all amounts received in the Collateral Agent's Account from any Lockbox Bank. Collateral Agent on behalf of Administrative Agent and Lender Group shall render statements regarding the Loan Account to Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within 30 thirty (30) days after receipt thereof by Borrower, Borrower shall deliver to Agent the Agents written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Loan and Security Agreement (Icf Kaiser International Inc)

Maintenance of Loan Account; Statements of Obligations. Administrative Agent shall maintain an account on its books in the name of Borrower Borrowers (the “Loan Account”) on which Borrower Borrowers will be charged with the Term LoanL/C Facility B Advances, all Collateral Agent Advances, all Advances (including Protective Advances and Swing LoansAgent Advances) made by Agent, Swing Lender, Administrative Agent or the Lenders to Borrower Borrowers or for Borrower’s Borrowers’ account, the Letters of Credit issued by Issuing Lender for Borrower’s Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations)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 Borrower Borrowers or for BorrowerBorrowers’ account, including all amounts received in the Agent’s accountAccount from any Cash Management Bank. Administrative Agent shall render statements regarding the Loan Account to Administrative Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within 30 days after receipt thereof by Administrative Borrower, Administrative Borrower shall deliver to Administrative Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Loan Agreement and Guaranty (Foster Wheeler LTD)

Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrower (the “Loan Account”"LOAN ACCOUNT") on which Borrower will be charged with the Term LoanLoans, all Advances (including Protective Agent Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrower or for Borrower’s 's account, the Letters of Credit issued by Issuing Lender for Borrower’s 's account, and with all other payment Obligations hereunder or under the other Post-Petition Loan Documents (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses. The Agent shall deliver to Borrower detailed records of all fees and expenses charged to the account after entry of such amounts upon Borrower's request. In accordance with Section 2.7SECTION 2.8, the Loan Account will be credited with all payments received by Agent from Borrower the Loan Parties or for Borrower’s 's account, including all amounts received in the Agent's Account from any Cash Management Bank. Upon request of Borrower, Agent shall render statements regarding the Loan Account to Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within 30 days after receipt thereof by Borrower, Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Loan and Security Agreement and Guaranty (Archibald Candy Corp)

Maintenance of Loan Account; Statements of Obligations. Agent Lender shall maintain an account on its books in the name of Borrower Borrowers (the "Loan Account") on which Borrower Borrowers will be charged with the Term LoanLoan A, the Term Loan B, all Advances (including Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders Lender to Borrower Borrowers or for Borrower’s Borrowers' account, the Letters of Credit issued by Issuing Lender for Borrower’s Borrowers' account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations)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 Lender from Borrower Borrowers or for Borrower’s Borrowers' account, including all amounts received in the Lender's Account from any Cash Management Bank. Agent Lender shall render statements regarding the Loan Account to Administrative Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses Expenses, to the extent due and owing, and such statements, absent manifest error, statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within 30 days after receipt thereof by Administrative Borrower, Administrative Borrower shall deliver to Agent Lender written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Loan and Security Agreement (Metalico Inc)

Maintenance of Loan Account; Statements of Obligations. With respect to each Borrower Group, Agent shall maintain an account on its books in the name of such Borrower Group (the any such account, a “Loan Account”) on which such Borrower Group will be charged with all Revolver Usage for the Term Loan, all Advances (including Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to account of such Borrower or for Borrower’s account, the Letters of Credit issued by Issuing Lender for Borrower’s accountGroup, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations)Documents, including, accrued interest, fees and expenses, and Lender Group Expenses, of such Borrower Group. In accordance with Section 2.7, the Loan Account of a Borrower Group will be credited with all payments received by Agent from for such Borrower or for BorrowerGroup’s account. Agent shall render make available to Borrowers monthly statements regarding the Loan Account to BorrowerAccounts, including principalthe principal amount of the Revolving Loans, interestinterest accrued hereunder, feesfees accrued or charged hereunder or under the other Loan Documents, and including an a summary itemization of all charges and expenses constituting Lender Group Expenses owingaccrued hereunder or under the other Loan Documents, and each such statementsstatement, absent manifest demonstrable error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within 30 days after receipt thereof by BorrowerAgent first makes such a statement available to Borrowers, Borrower Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in any such statementsstatement.

Appears in 1 contract

Samples: Credit Agreement (Manitowoc Co Inc)

Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrower (the “Loan Account”) on which Borrower will be charged with the Term Loan, all Advances (including Protective Advances and Swing LoansAgent Advances) made by Agent, Swing Lender, Agent or the Lenders to Borrower or for Borrower’s account, the Letters of Credit issued by Issuing Lender for Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents (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 Borrower or for Borrower’s account, including all amounts received in the Agent’s Account from any Cash Management Bank. Agent shall render statements regarding the Loan Account to Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within 30 days after receipt thereof by Borrower, Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: 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 Borrower (the "Loan Account") on which Borrower will be charged with the Term Loan, all Advances (including Protective Agent Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrower or for Borrower’s 's account, the Letters of Credit issued by Issuing Lender for Borrower’s 's account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations)Documents, including, 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 Borrower or for Borrower’s 's account, including all amounts received in the Agent's Account from any Cash Management Bank. Agent shall render statements regarding the Loan Account to Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within 30 days after receipt thereof by Borrower, Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Loan and Security Agreement (Interdent Inc)

Maintenance of Loan Account; Statements of Obligations. Agent Lender shall maintain an account on its books in the name of Borrower (the “Loan Account”) on which Borrower will be charged with the all Delayed Draw Term Loan, all Advances (including Protective Advances and Swing Loans) Loans made by Agent, Swing Lender, or the Lenders Lender to Borrower or for Borrower’s account, the Letters of Credit issued by Issuing Lender for Borrower’s account, account and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations)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 Borrower or for Borrower’s account. Agent Lender shall render make available to Borrower upon request monthly statements regarding the Loan Account to BorrowerAccount, including principalthe principal amount of the Delayed Draw Term Loans, interestinterest accrued hereunder, feesfees accrued or charged hereunder or under the other Loan Documents, and including an a summary itemization of all charges and expenses constituting Lender Group Expenses owingaccrued hereunder or under the other Loan Documents, and each such statementsstatement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within 30 days after receipt thereof by Lender first makes such a statement available to Borrower, Borrower shall deliver to Agent Lender written objection thereto describing the error or errors contained in any such statementsstatement.

Appears in 1 contract

Samples: Credit Agreement (Neophotonics Corp)

Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrower Borrowers (the “Loan Account”) on which Borrower Borrowers will be charged with the Term Loan, all Advances (including Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrower Borrowers or for Borrower’s Borrowers’ account, the Letters of Credit issued by Issuing Lender for Borrower’s Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations), including, 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 Borrower Borrowers or for BorrowerBorrowers’ account, including all amounts received in the Agent’s accountAccount from any Cash Management Bank. Agent shall render statements regarding the Loan Account to Administrative Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within 30 days after receipt thereof by Borrower, Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.within

Appears in 1 contract

Samples: Credit Agreement (Hudson Highland Group Inc)

Maintenance of Loan Account; Statements of Obligations. Agent ------------------------------------------------------ shall maintain an account on its books in the name of Borrower Borrowers (the "Loan Account") on which Borrower Borrowers will be charged with the Term Loan, all Advances (including Protective Agent Advances and Swing Loans) and the Term A Loan made by Agent, Swing Lender, or the Lenders to Borrower Borrowers or for Borrower’s Borrowers' account, the Letters of Credit issued by Issuing Lender for Borrower’s Borrowers' account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations)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 Borrower Borrowers or for Borrower’s Borrowers' account, including all amounts received in the Agent's Account from any Cash Management Bank. Agent shall render statements regarding the Loan Account to Administrative Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within 30 days after receipt thereof by Administrative Borrower, Administrative Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Loan and Security Agreement (Wam Net Inc)

Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrower (the “Loan Account”) on which Borrower will be charged with the Term Loan, all Advances (including Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrower or for Borrower’s account, the Letters of Credit issued or arranged by Issuing Lender for Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations)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 Borrower or for Borrower’s account. Agent shall render monthly statements regarding the Loan Account to Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within 30 60 days after receipt thereof by Borrower, Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: 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 Borrower (the “Loan Account”) on which Borrower will be charged with the Term Loan, all Advances (including Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrower or for Borrower’s account, the Letters of Credit issued or arranged by Issuing Lender for Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations)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 Borrower or for Borrower’s account. Agent shall render monthly statements regarding the Loan Account to Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within 30 days after receipt thereof by Borrower, Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Credit Agreement (Internap Network Services Corp)

Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrower (the "Loan Account") on which Borrower will be charged with the Term LoanLoans, all Advances (including Protective Agent Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrower or for Borrower’s 's account, the Letters of Credit issued by Issuing Lender for Borrower’s 's account, and with all other payment Obligations hereunder or under the other Loan Documents (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 Borrower or for Borrower’s 's account, including all amounts received in the Agent's Account from any Cash Management Bank. Agent shall render statements regarding the Loan Account to Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within 30 days after receipt thereof by Borrower, Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Loan and Security Agreement (eTelecare Global Solutions, Inc.)

Maintenance of Loan Account; Statements of Obligations. Agent Lender shall ------------------------------------------------------ maintain an account on its books in the name of Borrower (the "Loan Account") on ------------ which Borrower will be charged with the Term Loan, all Advances (including Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders Lender to Borrower or for Borrower’s 's account, the Letters of Credit issued by Issuing Lender for Borrower’s 's account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations)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 Lender from Borrower or for Borrower’s 's account, including all amounts received in the Lender's Account from any US Cash Management Bank. Agent Lender shall render statements regarding the Loan Account to Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within 30 60 days after receipt thereof by Borrower, Borrower shall deliver to Agent Lender written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Loan and Security Agreement (Microstrategy Inc)

Maintenance of Loan Account; Statements of Obligations. Agent shall ------------------------------------------------------ maintain an account on its books in the name of Borrower Borrowers (the "Loan Account") ------------ on which Borrower Borrowers will be charged with the Term Loan, all Advances (including Protective Agent Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrower Borrowers or for Borrower’s Borrowers' account, the Letters of Credit issued by Issuing Lender for Borrower’s Borrowers' account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations)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 Borrower Borrowers or for Borrower’s Borrowers' account, including all amounts received in the Agent's Account from any Cash Management Bank. Agent shall render statements regarding the Loan Account to Administrative Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within 30 days after receipt thereof by Administrative Borrower, Administrative Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Loan and Security Agreement (Cellstar Corp)

Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrower Xxxxxxxx, (the “Loan Account”) on which Borrower will be charged with the Term Loan, all Advances (including Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrower or for Borrower’s account, the Letters of Credit issued by Issuing Lender for Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations)Documents, including, including accrued interest, payment in kind interest, premiums, if any, 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 or the Lenders from Borrower or for BorrowerXxxxxxxx’s account. Agent shall render provide statements regarding the Loan Account to Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owingowing of which Agent has been notified in writing by the applicable Lender (but neither Agent nor any Lender shall have any liability if Agent shall fail to provide any such statement), and such statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within 30 sixty (60) days after receipt thereof by BorrowerAgent first makes such a statement available to Borrower (or such longer period as the Required Lenders may agree in their sole discretion), Borrower Xxxxxxxx shall deliver to Agent and the Lenders written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Credit Agreement (Acreage Holdings, Inc.)

Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrower (the "Loan Account") on which Borrower will be charged with the Term Loan, all Advances (including Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrower or for Borrower’s 's account, the Letters of Credit issued by Issuing Lender for Borrower’s 's account, and with all other payment Obligations hereunder or under the other Loan Documents (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 Borrower or for Borrower’s 's account, including all amounts received in the Agent's Account from any Cash Management Bank. Agent shall render statements regarding the Loan Account to Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group absent manifest error unless, within 30 days after receipt thereof by Borrower, Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Loan and Security Agreement (Party City Corp)

Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrower (the “Loan Account”) on which Borrower will be charged with the Delayed Draw Term Loan, all Advances (including Protective Advances and Swing LoansAgent Advances) made by Agent, Swing Lender, Agent or the Lenders to Borrower or for Borrower’s account, the Letters of Credit issued by Issuing Lender for Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents (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 Borrower or for Borrower’s account, including all amounts received in the Agent’s Account from any Cash Management Bank. Agent shall render statements regarding the Loan Account to Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within 30 days after receipt thereof by Borrower, Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Loan and Security Agreement (Freshpet, Inc.)

Maintenance of Loan Account; Statements of Obligations. Administrative Agent shall maintain an account on its books in the name of Borrower Borrowers (the “Loan Account”) on which Borrower Borrowers will be charged with the Term Loan, Loan and all Advances Revolving Loans (including Protective Advances Revolving Loans and Swing Line Loans) made by Administrative Agent, Swing Line Lender, or the Lenders to Borrower Borrowers or for Borrower’s Borrowers’ account, the Letters of Credit issued by Issuing Lender L/C Issuer for Borrower’s Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.72.15, the Loan Account will be credited with all payments received by Administrative Agent from Borrower Borrowers or for Borrower’s Borrowers’ account. Administrative Agent shall render statements regarding the Loan Account to BorrowerBorrower Representative, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within 30 days after receipt thereof by BorrowerBorrower Representative, Borrower Representative shall deliver to Administrative Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Credit Agreement (TRM Corp)

Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrower (the "Loan Account") on which Borrower will be charged with the Term Loan, all Advances (including Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders Lender Group to Borrower or for Borrower’s 's account, the Letters of Credit issued by Issuing Lender for Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses, and any other payment Obligations of Borrower. In accordance with Section 2.72.9, the Loan Account will be credited with all payments received by Agent from Borrower or for Borrower’s 's account, including all amounts received in the Agent's Account from any Lockbox Bank. Agent shall render statements regarding the Loan Account to Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting the Lender Group Expenses owingowing and of all expenses, charges, and costs provided for in Section 2.2(d) 43 or in Section 2.12(d) and attaching detailed invoices in respect of any such material charge, expense, or cost not otherwise set forth in detail on such statement, and such statements, absent manifest error, statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within 30 days after receipt thereof by Borrower, Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Loan and Security Agreement (Samuels Jewelers Inc)

Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrower Borrowers (the "Loan Account") on which Borrower Borrowers will be charged with the Term Loan, all Advances (including Protective Agent Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrower Borrowers or for Borrower’s Borrowers' account, the Letters of Credit issued by Issuing Lender for Borrower’s Borrowers' account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations)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 Borrower Borrowers or for Borrower’s Borrowers' account, including all amounts received in the Agent's Account from any Cash Management Bank. Agent shall render statements regarding the Loan Account to Administrative Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within 30 days after receipt thereof by Administrative Borrower, Administrative Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Loan and Security Agreement (Wam Net Inc)

Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrower (the "Loan Account") on which Borrower will be charged with the Term Loan, all Advances (including Protective Agent Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrower or for Borrower’s 's account, the Letters of Credit issued by Issuing Lender for Borrower’s 's account, and with all other payment Obligations hereunder or under the other Loan Documents (except for including Bank Product ObligationsObligations up to the amount of the then extant Bank Products Reserve), 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 Borrower or for Borrower’s 's account. Agent shall render statements regarding the Loan Account to Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within 30 days after receipt thereof by Borrower, Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Loan Agreement (Abraxas Petroleum Corp)

Maintenance of Loan Account; Statements of Obligations. Agent Lender shall maintain an account on its books in the name of Borrower Borrowers (the "Loan Account") on which Borrower Borrowers will be charged with the Term Loan, all Advances (including Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders Lender to Borrower Borrowers or for Borrower’s Borrowers' account, the Letters of Credit issued by Issuing Lender for Borrower’s Borrowers' account, and with all other payment Obligations hereunder or under the other Loan Documents (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 Borrower Borrowers or for Borrower’s Borrowers' account, including all amounts received in the Lender's Account from any Cash Management Bank. Agent Lender shall render statements regarding the Loan Account to Administrative Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within 30 days after receipt thereof by Administrative Borrower, Administrative Borrower shall deliver to Agent Lender written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Credit Agreement (Easylink Services Corp)

Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrower Borrowers (the “Loan Account”) on which Borrower will Borrowers shall be charged with the Term Loan, all Advances (including Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrower Borrowers or for any Borrower’s account, the Letters of Credit issued or arranged by Issuing Lender for Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations)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 Borrower Borrowers or for Borrower’s Borrowers’ account. Agent shall render monthly statements regarding the Loan Account to BorrowerAdministrative Loan Party, on behalf of Borrowers, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower among Borrowers and the Lender Group unless, within 30 thirty (30) days after receipt thereof by BorrowerAdministrative Loan Party, Borrower on behalf of Borrowers, Administrative Loan Party, on behalf of Borrowers, shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Credit Agreement (Avid Technology, Inc.)

Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrower Bxxxxxxx, (the “Loan Account”) on which Borrower will be charged with the Term Loan, all Advances (including Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrower or for Borrower’s account, the Letters of Credit issued by Issuing Lender for Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations)Documents, including, including accrued interest, payment in kind interest, premiums, if any, 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 or the Lenders from Borrower or for BorrowerBxxxxxxx’s account. Agent shall render provide statements regarding the Loan Account to Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owingowing of which Agent has been notified in writing by the applicable Lender (but neither Agent nor any Lender shall have any liability if Agent shall fail to provide any such statement), and such statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within 30 sixty (60) days after receipt thereof by BorrowerAgent first makes such a statement available to Borrower (or such longer period as the Required Lenders may agree in their sole discretion), Borrower Bxxxxxxx shall deliver to Agent and the Lenders written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Credit Agreement (Canopy Growth Corp)

Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrower (the "Loan Account") on which Borrower will be charged with the Term LoanLoan and the Capex Loans, all Advances (including Protective Agent Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrower or for Borrower’s 's account, the Letters of Credit issued by Issuing Lender for Borrower’s 's account, and with all other payment Obligations hereunder or under the other Loan Documents (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 Borrower or for Borrower’s 's account, including all amounts received in the Agent's Account from any Cash Management Bank. Agent shall render statements regarding the Loan Account to Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within 30 days after receipt thereof by Borrower, Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Loan and Security Agreement (Pierre Foods Inc)

Maintenance of Loan Account; Statements of Obligations. Agent Lender shall maintain an account on its books in the name of Borrower (the "Loan Account”) "), on which Borrower will be charged with the Term Loan, all Advances (including Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrower or for Borrower’s 's account, the Letters of Credit issued by Issuing Lender for Borrower’s account's Account, and with all other payment Obligations of Borrower hereunder or under the other Loan Documents (except for Bank Product Obligations)Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.72.8, the Borrower's Loan Account will be credited with all payments received by Agent Lender from Borrower or for Borrower’s 's account, including all amounts received in the Lender's Account from any Cash Management Bank attributable to Borrower. Agent Lender shall render statements regarding the Loan Account to Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within 30 days after receipt thereof by Borrower, Borrower shall deliver to Agent Lender written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Loan and Security Agreement (Paradyne Networks Inc)

Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrower Borrowers (the “Loan Account”) on which Borrower Borrowers will be charged with the Term Loanall Floorplan Loans (including Extraordinary Floorplan Advances and U.S. Floorplan Swing Loans), all Advances Revolver Loans (including Protective Extraordinary Revolver Advances and U.S. Revolver Swing Loans) made by Agent, a U.S. Swing Lender, or the Lenders to Borrower Borrowers or for Borrower’s Borrowers’ account, the Letters of Credit issued or arranged by Issuing Lender Bank for Borrower’s Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations)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 Borrower Borrowers or for Borrower’s Borrowers’ account. Agent shall render make available to Borrowers monthly statements regarding the Loan Account to BorrowerAccount, including principalthe principal amount of the Floorplan Loans and the Revolver Loans, interestinterest accrued hereunder, feesfees accrued or charged hereunder or under the other Loan Documents, and including an a summary itemization of all charges and expenses constituting Lender Group Expenses owingaccrued hereunder or under the other Loan Documents, and each such statementsstatement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within 30 days after receipt thereof by BorrowerAgent first makes such a statement available to Borrowers, each Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.statement. 2.10

Appears in 1 contract

Samples: Credit Agreement (Titan Machinery Inc.)

Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrower Borrowers (the "Loan Account") on which Borrower Borrowers will be charged with the Term LoanLoans, all Advances (including Protective Agent Advances and Swing LoansOptional Overadvances) made by Agent, Swing Lender, Agent or the Lenders to Borrower Borrowers or for Borrower’s Borrowers' account, the Letters of Credit issued by Issuing Lender for Borrower’s Borrowers' account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations), including, 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 Borrower Borrowers or for Borrower’s Borrowers' account, including all amounts received in the Agent's Account from any Cash Management Bank. Agent shall render statements regarding the Loan Account to Administrative Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within 30 days after receipt thereof by Administrative Borrower, Administrative Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Loan and Security Agreement (Midas Inc)

Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrower Borrowers (the "Loan Account") on which Borrower Borrowers will be charged with the Term Loan, all Advances Revolving Loans (including Protective Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrower Borrowers or for Borrower’s Borrowers' account, the Letters of Credit issued or arranged by Issuing Lender Bank for Borrower’s Borrowers' account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations)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 Borrower Borrowers or for Borrower’s Borrowers' account. Agent shall render make available to Borrowers monthly statements regarding the Loan Account to BorrowerAccount, including principalthe principal amount of the Term Loan and the Revolving Loans, interestinterest accrued hereunder, feesfees accrued or charged hereunder or under the other Loan Documents, and including an a summary itemization of all charges and expenses constituting Lender Group Expenses owingaccrued hereunder or under the other Loan Documents, and each such statementsstatement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within 30 days after receipt thereof by Administrative Borrower, Borrower Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in any such statementsstatement.

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 Borrower (the "Loan Account") on which Borrower will be charged with the Term Loan, all Advances (including Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrower or for Borrower’s 's account, the Letters of Credit issued by Issuing Lender for Borrower’s 's account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations)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 Borrower or for Borrower’s 's account, including all amounts received in the Agent's Account from any Cash Management Bank. Agent shall render statements regarding the Loan Account to Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within 30 days after receipt thereof by Borrower, Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Credit Agreement (Hawaiian Holdings Inc)

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