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 Borrowers (the "Loan Account") on which Borrowers will be charged with all Advances (including Agent Advances) made by Agent or the Lenders to Borrowers or for Borrowers' account, the Letters of Credit issued by Issuing Lender for 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 2.8, the Loan Account will be credited with all payments received by Agent from Borrowers or for 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 shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after 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 (Hypercom Corp)

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Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the "Loan Account") on which Borrowers will be charged with the Term Loan and all Advances (including Agent AdvancesAdvances and Swing Loans) made by Agent Agent, Swing Lender or the Lenders to Borrowers or for Borrowers' account, the Letters of Credit issued by Issuing Lender Agent for 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 2.8, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers' account. Agent shall render statements regarding the Loan Account to Administrative BorrowerBorrowers, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after receipt thereof by Administrative BorrowerBorrowers, Administrative a 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 (Peninsula Gaming, LLC)

Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the "Loan Account") on which Borrowers will be charged with all Advances (including Agent AdvancesProtective Advances and Swing Loans) made by Agent Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers' account, the Letters of Credit issued by Issuing Lender for 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 2.82.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers' any Borrower’s account. Agent shall render monthly statements regarding the Loan Account to Administrative BorrowerBorrowers, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after receipt thereof by Administrative BorrowerBorrowers, Administrative Borrower 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 (Sirva Inc)

Maintenance of Loan Account; Statements of Obligations. Agent Lender shall maintain an account on its books in the name of Borrowers Borrower (the "Loan Account") on which Borrowers Borrower will be charged with all Advances (including Agent Advances) made by Agent or the Lenders Lender to Borrowers Borrower or for Borrowers' account, the Letters of Credit issued by Issuing Lender for Borrowers' 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 2.82.7, the Loan Account will be credited with all payments received by Agent Lender from Borrowers Borrower or for Borrowers' Borrower's account, including all amounts received in the Lender's Account from any Cash Management Bank. Agent Lender shall 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 shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers 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: Loan and Security Agreement (Equifin Inc)

Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers Borrower (the "Loan Account") on which Borrowers Borrower will be charged with all Advances (including Agent Advances) made by Agent or the Lenders Lender Group to Borrowers Borrower or for Borrowers' Borrower's account, the Letters of Credit issued by Issuing Lender for 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, and any other payment Obligations of Borrower. In accordance with Section 2.82.5, the Loan Account will be credited with all payments received by Agent from Borrowers Borrower or for Borrowers' Borrower's 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 the Lender Group Expenses owingowing and of all expenses, charges, and costs provided for in Section 2.9(c) 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 shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Borrower and the Lender Group unless, within 30 days after 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 (Samuels Jewelers Inc)

Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers Borrower (the "Loan Account") on which Borrowers Borrower will be charged with the Term Loan Amount and all Advances (including Agent Advances) made by Agent Agent, Swing Lender, or the Lenders to Borrowers Borrower or for Borrowers' Borrower's account, the Letters of Credit issued by Issuing Lender for 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, and any other payment Obligations. In accordance with Section SECTION 2.8, the Loan Account will be credited with all payments received by Agent from Borrowers Borrower or for Borrowers' Borrower's account, including all amounts received in the Agent Account from any Lockbox 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 shall be conclusively presumed to be correct and accurate (except to the extent of any manifest error contained therein) and constitute an account stated between Borrowers Borrower 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 (Star Telecommunications Inc)

Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers Borrower (the "Loan Account") on which Borrowers Borrower will be charged with all Advances (including Agent Advances) the Term Loans made by Agent or the Lenders to Borrowers Borrower or for Borrowers' account, the Letters of Credit issued by Issuing Lender for Borrowers' 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 2.82.9, the Loan Account will be credited with all payments received by Agent from Borrowers Borrower or for Borrowers' Borrower’s account, including all amounts received in the Agent’s Account from any Cash Management Bank. Agent shall 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 statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Borrower and the Lender Group unless, within 30 days after 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, Guaranty and Security Agreement (Gordmans Stores, Inc.)

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Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the "Loan Account") on which Borrowers will be charged with all Advances (including and Letters of Credit made or issued by Agent Advances) or the Lenders to Borrowers' or for Borrowers' account, including, Advances made by Agent or the Lenders to Borrowers or for Borrowers' accountthe payment of accrued interest, the Letters of Credit issued by Issuing Lender for Borrowers' 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 Borrowers. In accordance with Section 2.82.9, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers' account, including all amounts received in the Agent's Account from any Lockbox Bank or the Collection Account Banks. 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 and, absent manifest error, such statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after 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 Agreement (Philip Services Corp/De)

Maintenance of Loan Account; Statements of Obligations. Agent Lender shall maintain an account on its books in the name of Borrowers Borrower (the "Loan Account") on which Borrowers Borrower will be charged with the Term Loan, all Advances (including Agent Advances) made by Agent or the Lenders Lender to Borrowers Borrower or for Borrowers' account, the Letters of Credit issued by Issuing Lender for Borrowers' 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 2.8, the Loan Account will be credited with all payments received by Agent Lender from Borrowers Borrower or for Borrowers' Borrower's account, including all amounts received in the Lender's Account from any Cash Management Bank. Agent Lender shall 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 shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Borrower and the Lender Group unless, within 30 days after 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.. -28-

Appears in 1 contract

Samples: Loan and Security Agreement (Qad Inc)

Maintenance of Loan Account; Statements of Obligations. Agent Agents shall maintain an account on its books in the name of Borrowers Borrower, (the "Loan Account") on which Borrowers Borrower will be charged with all Advances (including Agent Advances) made by Agent or the Lenders to Borrowers or for Borrowers' account, the Letters of Credit issued by Issuing Lender for Borrowers' accountTerm Loans, 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, fees and expenses, and Lender Group Expenses. In accordance with Section 2.82.7, the Loan Account will be credited with all payments received by Agent Agents or the Lenders from Borrowers Borrower or for Borrowers' Borrower’s account. Agent Agents shall render provide 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 owingowing (but neither any Agent nor any Lender shall have any liability if any Agent shall fail to provide any such statement), and such statements statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Borrower and the Lender Group unless, within 30 sixty (60) days after receipt thereof by Administrative BorrowerAgents first makes such a statement available to Borrower (or such longer period as the Required Lenders may agree in their sole discretion), Administrative Borrower shall deliver to Agent Agents 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 Borrowers (the "Loan Account") on which Borrowers will be charged with all Advances (including Agent AdvancesAdvances and Swing Loans) made by Agent Agent, Swing Lender or the Lenders to Borrowers or for Borrowers' account, the Letters of Credit issued by Issuing Lender Agent for Borrowers' account, and with all other payment Obligations LEGAL_US_W # 62188650.14 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 2.8, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers' account. Agent shall render statements regarding the Loan Account to Administrative BorrowerBorrowers, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after receipt thereof by Administrative BorrowerBorrowers, Administrative a 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 (Peninsula Gaming, LLC)

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