Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with all Revolving Loans (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account. Agent shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 36 contracts
Samples: Credit Agreement (Performant Financial Corp), Credit Agreement (Salem Media Group, Inc. /De/), Credit Agreement (Insteel Industries Inc)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “"Loan Account”") on which Borrowers will be charged with all Revolving Loans (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ ' account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ ' account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ ' account. Agent shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 13 contracts
Samples: Credit Agreement (GoPro, Inc.), Credit Agreement (Liberty Energy Inc.), Credit Agreement (Liberty Energy Inc.)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers Borrower (the “Loan Account”) on which Borrowers Borrower will be charged with all Revolving Loans Advances (including Extraordinary Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers Borrower or for Borrowers’ Borrower’s account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers Borrower or for Borrowers’ Borrower’s account. Agent shall make available to Borrowers render monthly statements regarding the Loan AccountAccount to Borrower, including the principal amount of the Revolving Loansprincipal, interest accrued hereunderinterest, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statementstatements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Borrower and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowersreceipt thereof by Borrower, Borrowers Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statementstatements.
Appears in 7 contracts
Samples: Credit Agreement (Oclaro, Inc.), Credit Agreement (Federal Signal Corp /De/), Credit Agreement (Federal Signal Corp /De/)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with all Revolving Loans Advances (including Extraordinary Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account. Agent shall make available to Borrowers render monthly statements regarding the Loan AccountAccount to Borrowers, including the principal amount of the Revolving Loansprincipal, interest accrued hereunderinterest, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statementstatements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to receipt thereof by Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in any such statementstatements.
Appears in 4 contracts
Samples: Credit Agreement (Hampshire Group LTD), Credit Agreement (Hampshire Group LTD), Credit Agreement (Hampshire Group LTD)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with all Revolving Loans (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account. Agent shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 45 days after Agent first makes such a statement available to Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 4 contracts
Samples: Based Revolving Credit Agreement (Par Pacific Holdings, Inc.), Based Revolving Credit Agreement (Par Pacific Holdings, Inc.), Credit Agreement (Par Pacific Holdings, Inc.)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers Borrower (the “Loan Account”) on which Borrowers Borrower will be charged with all Revolving Loans (including Extraordinary Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers Borrower or for Borrowers’ Borrower’s account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers Borrower or for BorrowersBorrower’ account. Agent shall make available to Borrowers Borrower monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Borrower and the Lender Group unless, within 30 days after Agent first makes such a statement available to BorrowersBorrower, Borrowers Borrower shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 3 contracts
Samples: Credit Agreement (PointClickCare Corp.), Credit Agreement (PointClickCare Corp.), Credit Agreement (PointClickCare Corp.)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers Borrower (the “Loan Account”) on which Borrowers Borrower will be charged with all Revolving the Loans (including Extraordinary Interim Advances and Swing LoansExtraordinary Advances) made by Agent, Swing Lender, Agent or the Lenders to Borrowers Borrower or for Borrowers’ Borrower’s account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers Borrower or for Borrowers’ Borrower’s account. Agent shall make available to Borrowers Borrower monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Borrower and the Lender Group unless, within 30 days after Agent first makes such a statement available to BorrowersBorrower, Borrowers Borrower shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 3 contracts
Samples: Credit Agreement (Nuverra Environmental Solutions, Inc.), Credit Agreement (Nuverra Environmental Solutions, Inc.), First Lien Credit Agreement (Nuverra Environmental Solutions, Inc.)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “"Loan Account”") on which Borrowers will be charged with all Revolving Loans (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ ' account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ ' account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.72.6, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ ' account. Agent shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 3 contracts
Samples: Credit Agreement (MGP Ingredients Inc), Credit Agreement (MGP Ingredients Inc), Credit Agreement (MGP Ingredients Inc)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with all Revolving Loans (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.72.6, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account. Agent shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 thirty (30) days after Agent first makes such a statement available to Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 3 contracts
Samples: Credit Agreement (Seventy Seven Energy Inc.), Credit Agreement (Seventy Seven Energy Inc.), Credit Agreement (Chesapeake Oilfield Operating LLC)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with all Revolving Loans (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ accountLoan, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.72.5, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account. Agent shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of the Revolving LoansLoan, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 3 contracts
Samples: Credit Agreement (Liberty Energy Inc.), Credit Agreement (Liberty Energy Inc.), Credit Agreement (Liberty Oilfield Services Inc.)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers Borrower (the “Loan Account”) on which Borrowers Borrower will be charged with all Revolving Loans (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers Borrower or for Borrowers’ Borrower’s account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers Borrower or for Borrowers’ Borrower’s account. Agent shall make available to Borrowers Borrower monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Borrower and the Lender Group unless, within 30 days after Agent first makes such a statement available to BorrowersBorrower, Borrowers Borrower shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 3 contracts
Samples: Possession Credit Agreement (Nuverra Environmental Solutions, Inc.), Credit Agreement (Nuverra Environmental Solutions, Inc.), Credit Agreement (Enphase Energy, Inc.)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with the Term Loan, all Revolving Loans (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account. Agent shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of the Term Loan and the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 3 contracts
Samples: Credit Agreement (Harte Hanks Inc), Credit Agreement (Vector Group LTD), Credit Agreement (Power Solutions International, Inc.)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with all Revolving Loans (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ account, Revolver Usage and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for the Borrowers’ account. Agent shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 3 contracts
Samples: Credit Agreement (Oil States International, Inc), Credit Agreement (Oil States International, Inc), Credit Agreement (Oil States International, Inc)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with all Revolving Loans (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account. Agent shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.. 2.10
Appears in 3 contracts
Samples: Credit Agreement and Loan (Nautilus, Inc.), Credit Agreement and Loan Documents (Nautilus, Inc.), Credit Agreement (Neophotonics Corp)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with all Revolving Loans (including Extraordinary Advances and Swing LoansAdvances) made by Agent, Swing Lender, Agent or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account. Agent shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 2 contracts
Samples: Credit Agreement (BlueLinx Holdings Inc.), Credit Agreement (BlueLinx Holdings Inc.)
Maintenance of Loan Account; Statements of Obligations. Administrative Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with all Revolving Loans (including Extraordinary Advances and Swing Loans) made by Administrative Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Administrative Agent from Borrowers or for Borrowers’ account. Administrative Agent shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Administrative Agent first makes such a statement available to Borrowers, Borrowers shall deliver to Administrative Agent written objection thereto describing the error or errors contained in such statement.
Appears in 2 contracts
Samples: Credit Agreement (Anixter International Inc), Credit Agreement (Anixter International Inc)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers Borrower (the “"Loan Account”") on which Borrowers Borrower will be charged with all Revolving Loans (including Extraordinary Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers Borrower or for Borrowers’ Borrower's account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ Borrower's account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers Borrower or for Borrowers’ Borrower's account. Agent shall make available to Borrowers Borrower monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Borrower and the Lender Group unless, within 30 days after Agent first makes such a statement available to BorrowersBorrower, Borrowers Borrower shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 2 contracts
Samples: Credit Agreement (PROS Holdings, Inc.), Credit Agreement (PROS Holdings, Inc.)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with all Revolving Loans (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account. Agent shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 2 contracts
Samples: Patent Security Agreement (School Specialty Inc), Possession Credit Agreement (School Specialty Inc)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with all Revolving Loans (including Extraordinary Advances and Swing LoansAdvances) made by Agent, Swing Lender, Agent or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account. Agent shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.. 2.10
Appears in 2 contracts
Samples: Credit Agreement (BlueLinx Holdings Inc.), Credit Agreement (BlueLinx Holdings Inc.)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers Parent (the “Loan Account”) on which Borrowers will be charged with all Revolving Loans (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ account, Term Loan and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.72.6, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account. Agent shall make available to Borrowers Parent monthly statements regarding the Loan Account, including the principal amount of the Revolving LoansTerm Loan, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 45 days after Agent first makes such a statement available to BorrowersParent, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 2 contracts
Samples: Credit Agreement (Unifi Inc), Credit Agreement (Unifi Inc)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with all Revolving Loans Advances (including Extraordinary Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ any Borrower’s account. Agent shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of the Revolving LoansAdvances, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 2 contracts
Samples: Credit Agreement (Jack Cooper Holdings Corp.), Credit Agreement (Jack Cooper Logistics, LLC)
Maintenance of Loan Account; Statements of Obligations. Administrative Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with all Revolving Loans (including Extraordinary Advances and Swing Loans) made by Administrative Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Administrative Agent from Borrowers or for Borrowers’ account. Administrative Agent shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 ninety (90) days after Administrative Agent first makes such a statement available to Borrowers, Borrowers shall deliver to Administrative Agent written objection thereto describing the error or errors contained in such statement.
Appears in 2 contracts
Samples: Credit Agreement (Thryv Holdings, Inc.), Credit Agreement (Thryv Holdings, Inc.)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “"Loan Account”") on which Borrowers will be charged with the Term Loan, all Revolving Loans (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ ' account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ ' account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ ' account. Agent shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of the Term Loan and the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 2 contracts
Samples: Credit Agreement (Farmer Brothers Co), Credit Agreement (Farmer Brothers Co)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with the Term Loan, all Revolving Loans (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account. Agent shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of the Term Loan and the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.. 2.10
Appears in 2 contracts
Samples: Credit Agreement (Nautilus, Inc.), Credit Agreement (Nautilus, Inc.)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers Borrower (the “Loan Account”) on which Borrowers Borrower will be charged with all Revolving Loans (including Extraordinary Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers Borrower or for Borrowers’ Borrower’s account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers Borrower or for Borrowers’ Borrower’s account. Agent shall make available to Borrowers Borrower monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Borrower and the Lender Group unless, within 30 60 days after Agent first makes such a statement available to BorrowersBorrower, Borrowers Borrower shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 2 contracts
Samples: Credit Agreement (Q2 Holdings, Inc.), Credit Agreement (Q2 Holdings, Inc.)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers Borrower (the “Loan Account”) on which Borrowers Borrower will be charged with all Revolving the Term Loans (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, Agent or the Lenders to Borrowers Borrower or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers Borrower or for Borrowers’ Borrower’s account. Agent shall make available to Borrowers Borrower monthly statements regarding the Loan Account, including the principal amount of the Revolving Term Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Borrower and the Lender Group unless, within 30 days after Agent first makes such a statement available to BorrowersBorrower, Borrowers Borrower shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 2 contracts
Samples: Credit Agreement (Nuverra Environmental Solutions, Inc.), Term Loan Credit Agreement (Nuverra Environmental Solutions, Inc.)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with all Revolving Loans (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account. Agent shall make available to Borrowers Administrative Borrower monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowers, Borrowers Administrative Borrower shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 2 contracts
Samples: Credit Agreement (K Swiss Inc), Credit Agreement (Advanced Energy Industries Inc)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers Borrower (the “"Loan Account”") on which Borrowers Borrower will be charged with all Revolving Loans (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers Borrower or for Borrowers’ Borrower's account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ Borrower's account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers Borrower or for Borrowers’ Borrower's account. Agent shall make available to Borrowers Borrower monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Borrower and the Lender Group unless, within 30 days after Agent first makes such a statement available to BorrowersBorrower, Borrowers Borrower shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 2 contracts
Samples: Credit Agreement (Quantum Corp /De/), Credit Agreement (Quantum Corp /De/)
Maintenance of Loan Account; Statements of Obligations. Agent Lender shall maintain an account on its books in the name of Borrowers (the “"Loan Account”") on which Borrowers will be charged with all Revolving Loans (including Extraordinary Advances and Swing LoansAdvances) made by Agent, Swing Lender, or the Lenders Lender to Borrowers or for Borrowers’ ' account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ ' account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent Lender from Borrowers or for Borrowers’ ' account. Agent Lender shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent Lender first makes such a statement available to Borrowers, Borrowers shall deliver to Agent Lender written objection thereto describing the error or errors contained in such statement.
Appears in 2 contracts
Samples: Credit Agreement (Emmis Communications Corp), Credit Agreement (Northwest Pipe Co)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with the Term Loan, all Revolving Loans (including Extraordinary Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account. Agent shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of the Term Loan and the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 2 contracts
Samples: Credit Agreement (EGAIN Corp), Credit Agreement (EGAIN Corp)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with all Revolving Loans (including Extraordinary Special Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account. Agent shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 thirty (30) days after Agent first makes such a statement available to Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 2 contracts
Samples: Credit Agreement (CVR Energy Inc), Credit Agreement (CVR Partners, Lp)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers Borrower (the “Loan Account”) on which Borrowers Borrower will be charged with the Term Loan, all Revolving Loans (including Extraordinary Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers Borrower or for Borrowers’ Borrower’s account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers Borrower or for Borrowers’ Borrower’s account. Agent shall make available to Borrowers Borrower monthly statements regarding the Loan Account, including the principal amount of the Term Loan and the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, subject to Section 13.1(h), shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Borrower and the Lender Group unless, within 30 45 days after Agent first makes such a statement available to BorrowersBorrower, Borrowers Borrower shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 2 contracts
Samples: Credit Agreement (FleetMatics Group PLC), Credit Agreement (FleetMatics Group PLC)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with all Revolving Loans (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account. Agent shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 2 contracts
Samples: Credit Agreement, Possession Credit Agreement
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with all Revolving Loans (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expensesexpenses (including Indemnified Taxes payable pursuant to Section 16), and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account. Agent shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 2 contracts
Samples: Credit Agreement (FTS International, Inc.), Credit Agreement (FTS International, Inc.)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers Borrower (the “Loan Account”) on which Borrowers Borrower will be charged with all the Revolving Loans (including Extraordinary and any Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders Agent to Borrowers Borrower or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers Borrower or for Borrowers’ Borrower’s account. Agent shall make available to Borrowers Borrower monthly statements regarding the Loan Account, including the outstanding principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Borrower and the Lender Group unless, within 30 days after Agent first makes such a statement available to BorrowersBorrower, Borrowers Borrower shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 2 contracts
Samples: Credit Agreement (Nevada Gold & Casinos Inc), Credit Agreement (Nevada Gold & Casinos Inc)
Maintenance of Loan Account; Statements of Obligations. Administrative Agent shall maintain an account on its books in the name of Borrowers Xxxxxxxx (the “Loan Account”) on which Borrowers Borrower will be charged with all Revolving Loans (including Extraordinary Advances and Swing Loans) made by Administrative Agent, Swing Lender, or the Lenders to Borrowers Borrower or for Borrowers’ Borrower’s account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.73.06, the Loan Account will be credited with all payments received by Administrative Agent from Borrowers Borrower or for Borrowers’ Xxxxxxxx’s account. Administrative Agent shall make available to Borrowers Borrower monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Xxxxxxxx and the Lender Group unless, within 30 days after Administrative Agent first makes such a statement available to BorrowersBorrower, Borrowers Borrower shall deliver to Administrative Agent written objection thereto describing the error or errors contained in such statement.
Appears in 1 contract
Samples: Credit and Guarantee Agreement (Janus International Group, Inc.)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with all Revolving Loans (including Extraordinary Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account. Agent shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 1 contract
Samples: Credit Agreement (Pernix Therapeutics Holdings, Inc.)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers Xxxxxxxx (the “Loan Account”) on which Borrowers Borrower will be charged with all Revolving Loans Advances (including Extraordinary Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers Borrower or for Borrowers’ Borrower’s account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ Borrower’s account, and with all other payment Obligations hereunder or under the other Loan DocumentsDocuments (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers Borrower or for Borrowers’ Xxxxxxxx’s account, including all amounts received in the Agent’s Account from any Cash Management Banks. Agent shall make available to Borrowers Borrower monthly statements regarding the Loan Account, including the principal amount of the Revolving LoansAdvances, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Xxxxxxxx and the Lender Group unless, within 30 days after Agent first makes such a statement available to BorrowersBorrower, Borrowers Borrower shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 1 contract
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “"Loan Account”") on which Borrowers will be charged with the Term Loan, all Revolving Loans (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ ' account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ ' account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.72.6, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ ' account. Agent shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of the Term Loan and the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 1 contract
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers Borrower (the “Loan Account”) on which Borrowers Borrower will be charged with all Revolving Loans Advances (including Extraordinary Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers Borrower or for Borrowers’ Borrower’s account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ Borrower’s account, and with all other payment Obligations hereunder or under the other Loan DocumentsDocuments (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers Borrower or for Borrowers’ Borrower’s account, including all amounts received in the Agent’s Account from any Cash Management Banks. Agent shall make available to Borrowers Borrower monthly statements regarding the Loan Account, including the principal amount of the Revolving LoansAdvances, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Borrower and the Lender Group unless, within 30 days after Agent first makes such a statement available to BorrowersBorrower, Borrowers Borrower shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 1 contract
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 Revolving Loans (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders Lender to Borrowers Borrower or for Borrowers’ Borrower's account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ Borrower's account, and with all other payment Obligations hereunder or under the other Loan DocumentsDocuments (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.72.8, the Loan Account will be credited with all payments received by Agent Lender from Borrowers Borrower or for Borrowers’ Borrower's account, including all amounts received in the Lender's Account from any Cash Management Bank. Agent Lender shall make available to Borrowers monthly render statements regarding the Loan AccountAccount to Borrower, including the principal amount of the Revolving Loansprincipal, interest accrued hereunderinterest, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statement, absent manifest error, statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Borrower and the Lender Group unless, within 30 60 days after Agent first makes such a statement available to Borrowersreceipt thereof by Borrower, Borrowers Borrower shall deliver to Agent Lender written objection thereto describing the error or errors contained in any such statementstatements.
Appears in 1 contract
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers Borrower (the “Loan Account”"LOAN ACCOUNT") on which Borrowers Borrower will be charged with all Revolving Loans Advances (including Extraordinary Agent Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers Borrower or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ Borrower's account, and with all other payment Obligations hereunder or under the other Loan DocumentsDocuments (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7SECTION 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's Account from the Cash Management Bank. Agent shall make available to Borrowers monthly render statements regarding the Loan AccountAccount to Borrower, including the principal amount of the Revolving Loansprincipal, interest accrued hereunderinterest, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statement, absent manifest error, statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Borrower and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowersreceipt thereof by Borrower, Borrowers Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statementstatements.
Appears in 1 contract
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers Borrower (the “"Loan Account”") on which Borrowers Borrower will be charged with the Term Loan, all Revolving Loans (including Extraordinary Advances and Swing LoansAdvances) made by Agent, Swing Lender, Agent or the Revolving Lenders to Borrowers Borrower or for Borrowers’ Borrower's account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ Borrower's account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers Borrower or for Borrowers’ Borrower's account. Agent shall make available to Borrowers Borrower monthly statements regarding the Loan Account, including the principal amount of the Term Loan, the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest errorerror or omission, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Borrower and the Lender Group unless, within 30 days after Agent first makes such a statement available to BorrowersBorrower, Borrowers Borrower shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 1 contract
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers Borrower (the “Loan Account”) on which Borrowers Borrower will be charged with all Revolving Loans Advances (including Extraordinary Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers Borrower or for Borrowers’ Borrower’s account, the Letters of Credit issued or arranged made by Issuing Bank Lender for Borrowers’ Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers Borrower or for Borrowers’ Borrower’s account. Agent shall make available to Borrowers monthly render statements regarding the Loan AccountAccount to Borrower, including the principal amount of the Revolving Loansprincipal, interest accrued hereunderinterest, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statementstatements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Borrower and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowersreceipt thereof by Borrower, Borrowers Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statementstatements.
Appears in 1 contract
Samples: Guarantied Credit Agreement (Stanadyne Holdings, Inc.)
Maintenance of Loan Account; Statements of Obligations. Agent Lender shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on in which Borrowers will be charged with recorded all Revolving Loans (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders Lender to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan DocumentsDocuments and to the extent payment is charged to the Loan Account, includingfor payments under Bank Product Agreements, including accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.72.4 and Section 2.6, the Loan Account will be credited with all payments received by Agent Lender from Borrowers or for Borrowers’ account. Agent Lender shall deliver to Administrative Borrower, or make available to Borrowers Administrative Borrower electronically, monthly statements regarding the Loan Account, including the principal amount of the Revolving Loanswith respect to principal, interest accrued hereunderinterest, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statementmonthly statements shall be subject to subsequent adjustment by Lender as provided in this Agreement upon notice to Borrowers but shall, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to receipt thereof by Borrowers, Borrowers shall deliver to Agent Lender written objection thereto describing the error or errors contained in any such statementstatements.
Appears in 1 contract
Samples: Credit and Security Agreement (Differential Brands Group Inc.)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with all Revolving Loans (including Extraordinary Advances and Swing Loans) made by Agent, Agent Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account. Agent shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowers electronically, or otherwise delivers such a statement to Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 1 contract
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with all the Revolving Loans (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents, including, including accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account. Agent shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 thirty (30) days after Agent first makes such a statement available to Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 1 contract
Samples: Credit Agreement (Vector Group LTD)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers the Borrower (the “Loan Account”) on which Borrowers the Borrower will be charged with all Revolving the Loans (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or to the Lenders to Borrowers Borrower or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ account, Borrower’s account and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent or any Lender from Borrowers the Borrower or for Borrowers’ the Borrower’s account. Agent and/or Lenders shall make available to Borrowers monthly render statements regarding the Loan AccountAccount to the Borrower and the Lenders, including the principal amount of the Revolving Loansprincipal, interest accrued hereunderinterest, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statementstatements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers the Borrower and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowersthe Borrower and the Lenders (or such longer period as Required Lenders may agree in their sole discretion), Borrowers the Borrower or any Lender shall deliver to Agent and the Lenders written objection thereto describing the error or errors contained in any such statementstatements.
Appears in 1 contract
Samples: Credit Agreement
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with all Revolving Loans (including Extraordinary Advances and Swing the Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.72.5, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account. Agent shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 1 contract
Samples: Credit Agreement (Independence Contract Drilling, Inc.)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers Parent (the “Loan Account”) on which Borrowers will be charged with the Term Loan, all Revolving Loans (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account. Agent shall make available to Borrowers Administrative Borrower monthly statements regarding the Loan Account, including the principal amount of the Term Loan and the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 45 days after Agent first makes such a statement available to BorrowersParent, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.. ACTIVE 682292377v9 - 19 -
Appears in 1 contract
Samples: Credit Agreement (Unifi Inc)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with all the Revolving Loans (including Extraordinary Advances and Swing Loans) made by Agent, Swing 20 Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents, including, including accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account. Agent shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 thirty (30) days after Agent first makes such a statement available to Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 1 contract
Samples: Credit Agreement (Vector Group LTD)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “"Loan Account”") on which Borrowers will be charged with all Revolving Loans Advances (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ ' account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ ' account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ ' account. Agent shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of the Revolving LoansAdvances, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 1 contract
Maintenance of Loan Account; Statements of Obligations. Administrative Agent shall maintain an account on its books in the name of Borrowers Borrower (the “Loan Account”) on which Borrowers Borrower will be charged with all Revolving Term Loans (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, Administrative Agent or the Lenders to Borrowers Borrower or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Administrative Agent from Borrowers Borrower or for Borrowers’ Borrower’s account. Upon request from time to time, Administrative Agent shall make available to Borrowers monthly statements Borrower a statement regarding the Loan Account, including the principal amount of the Revolving Term Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Borrower and the Lender Group unless, within 30 days after Administrative Agent first makes such a statement available to BorrowersBorrower, Borrowers Borrower shall deliver to Administrative Agent written objection thereto describing the error or errors contained in such statement.
Appears in 1 contract
Samples: Term Loan Credit Agreement (Nuverra Environmental Solutions, Inc.)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers Xxxxxxxxx (the “Loan Account”) on which Borrowers will be charged with all the Revolving Loans (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents, including, including accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account. Agent shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 thirty (30) days after Agent first makes such a statement available to Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 1 contract
Samples: Credit Agreement (Vector Group LTD)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with all Revolving the Term Loans (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ account, account and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account. Agent shall make available to Borrowers monthly quarterly statements regarding the Loan Account, including the principal amount of the Revolving Loans, Term Loan interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowers, Borrowers the Administrative Borrower shall deliver to Agent written objection thereto describing the error or errors contained in such statement. The Borrowers shall continue to have such obligations notwithstanding any failure by the Agent to maintain the Loan Account.
Appears in 1 contract
Samples: Possession Term Loan Agreement (Colt Finance Corp.)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers Borrower (the “Loan Account”) on which Borrowers Borrower will be charged with all Revolving Loans (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, Agent or the Lenders to Borrowers Borrower or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ account, Borrower’s account and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.72.7, the Loan Account will be credited with all payments received by Agent from Borrowers Borrower or for Borrowers’ Borrower’s account. Agent shall make available to Borrowers Borrower monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Borrower and the Lender Group unless, within 30 days after Agent first makes such a statement available to BorrowersBorrower, Borrowers Borrower shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 1 contract
Samples: Credit Agreement (Pernix Therapeutics Holdings, Inc.)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers the Borrower (the “each, a "Loan Account”", and collectively, the "Loan Accounts") on which Borrowers the Borrower will be charged with all Revolving Loans Advances (including Extraordinary Agent Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers Borrower or for Borrowers’ Borrower's account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ the Borrower's account, and with all other payment Obligations of Borrower hereunder or under the other Loan DocumentsDocuments (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.72.8, the Borrower's 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 attributable to Borrower. Agent shall make available to Borrowers monthly render statements regarding the Loan AccountAccount to Borrower, including the principal amount of the Revolving Loansprincipal, interest accrued hereunderinterest, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statement, absent manifest error, statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Borrower and the Lender Group unless, within 30 90 days after Agent first makes such a statement available to Borrowersreceipt thereof by the Borrower, Borrowers Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statementstatements.
Appears in 1 contract
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers Borrower (the “"Loan Account”") on which Borrowers Borrower will be charged with all Revolving Loans (including Extraordinary Advances and Swing LoansAdvances) made by Agent, Swing Lender, Agent or the Lenders to Borrowers Borrower or for Borrowers’ Borrower's account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ Borrower's account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers Borrower or for Borrowers’ Borrower's account. Agent shall make available to Borrowers Borrower monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest errorerror or omission, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Borrower and the Lender Group unless, within 30 days after Agent first makes such a statement available to BorrowersBorrower, Borrowers Borrower shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 1 contract
Maintenance of Loan Account; Statements of Obligations. Administrative Agent shall maintain an account on its books in the name of Borrowers Borrower (the “Loan Account”) on which Borrowers Borrower will be charged with all Revolving Loans (including Extraordinary Advances and Swing Loans) made by Administrative Agent, Swing Lender, or the Lenders to Borrowers Borrower or for Borrowers’ Borrower’s account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Secured Party Expenses. In accordance with Section 2.73.2, the Loan Account will be credited with all payments received by Administrative Agent from Borrowers Borrower or for Borrowers’ Borrower’s account. Administrative Agent shall make available to Borrowers Borrower monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Secured Party Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Borrower and the Lender Group unless, within 30 days after Administrative Agent first makes such a statement available to BorrowersBorrower, Borrowers Borrower shall deliver to Administrative Agent written objection thereto describing the error or errors contained in such statement.
Appears in 1 contract
Samples: Patent Security Agreement (Turning Point Brands, Inc.)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “"Loan Account”") on which Borrowers will be charged with all Revolving Loans (including Extraordinary the Term Loan and Protective Advances and Swing Loans) made by Agent, Swing Lender, Agent or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ ' account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ ' account. Agent shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of the Revolving Term Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 1 contract
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “"Loan Account”") on which Borrowers will be charged with the Term Loan, all Revolving Loans (including Extraordinary Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ ' account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ ' account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ ' account. Agent shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of the Term Loan and the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 1 contract
Samples: Credit Agreement (Model N, Inc.)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers Borrower (the “Loan Account”) on which Borrowers Borrower will be charged with all Revolving Loans (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers Borrower or for Borrowers’ Borrower’s account. Agent shall make available to Borrowers monthly render statements regarding the Loan AccountAccount to Borrower, including the principal amount of the Revolving Loansprincipal, interest accrued hereunderinterest, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statementstatements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Borrower and the Lender Group unless, (x) with respect to any error or errors in an amount less than $10,000, within 30 days after Agent first makes such a statement available to Borrowersreceipt thereof by Borrower, Borrowers Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statementstatements, and (y) with respect to all other error or errors, within 60 days after receipt thereof by Borrower, Borrower shall deliver to Agent written obligation thereto describing the error or errors contained in such statements.
Appears in 1 contract
Samples: Term Loan Agreement (TrueBlue, Inc.)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with the Term Loan and all Revolving Loans (including Extraordinary Protective Advances and Swing Loans) made by Agent, Swing Lender, Agent or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account. Agent shall make available to Borrowers Borrowers, upon request, monthly statements regarding the Loan Account, including the principal amount of the Revolving LoansTerm Loan, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 1 contract
Samples: Credit Agreement (Power Solutions International, Inc.)
Maintenance of Loan Account; Statements of Obligations. The Administrative Agent shall maintain an account on its books in the name of Borrowers the Borrower (the “Loan Account”) on which Borrowers the Borrower will be charged with all Revolving Loans (including Extraordinary Advances and Swing LoansAdvances) made by Agent, Swing Lender, the Administrative Agent or the Lenders to Borrowers the Borrower or for Borrowers’ Borrower’s account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ the Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees fees, costs and expenses, and Lender Group Expenses. In accordance with Section 2.72.07, the Loan Account will be credited with all payments received by the Administrative Agent from Borrowers the Borrower or for Borrowers’ the Borrower’s account. The Administrative Agent shall make available to Borrowers the Borrower monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers the Borrower and the Lender Group Lenders unless, within 30 days after the Administrative Agent first makes such a statement available to Borrowersthe Borrower, Borrowers the Borrower shall deliver to the Administrative Agent written objection thereto describing the error or errors contained in such statement.
Appears in 1 contract
Samples: Credit and Guarantee Agreement (ATI Intermediate Holdings, LLC)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers Xxxxxxxxx (the “Loan Account”) on which Borrowers will be charged with all Revolving Loans Advances (including Extraordinary Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ any Borrower’s account. Agent shall make available to Borrowers render monthly statements regarding the Loan AccountAccount to Borrowers, including the principal amount of the Revolving Loansprincipal, interest accrued hereunderinterest, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statementstatements, absent manifest or demonstrable error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to receipt thereof by Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in any such statementstatements.
Appears in 1 contract
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers Borrower (the “Loan Account”) on which Borrowers Borrower will be charged with all Revolving Loans (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers Borrower or for Borrowers’ Borrower’s account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers Borrower or for Borrowers’ Borrower’s account. Agent shall make available to Borrowers Borrower monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Borrower and the Lender Group unless, within 30 days after Agent first makes such a statement available to BorrowersBorrower, Borrowers Borrower shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 1 contract
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers Xxxxxxxx (the “"Loan Account”") on which Borrowers Borrower will be charged with all Revolving Loans Advances (including Extraordinary Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers Borrower or for Borrowers’ Borrower’s account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ Borrower’s account, and with all other payment Obligations hereunder or under the other Loan DocumentsDocuments (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers Borrower or for Borrowers’ Xxxxxxxx’s account, including all amounts received in the Agent’s Account from any Cash Management Banks. Agent shall make available to Borrowers Borrower monthly statements regarding the Loan Account, including the principal amount of the Revolving LoansAdvances, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Xxxxxxxx and the Lender Group unless, within 30 days after Agent first makes such a statement available to BorrowersBorrower, Borrowers Borrower shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 1 contract
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers Borrower (the “Loan Account”) on which Borrowers Borrower will be charged with all Revolving Loans Advances (including Extraordinary Agent Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers Borrower or for Borrowers’ Borrower’s account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ Borrower’s account, and with all other payment Obligations hereunder or under the other Loan DocumentsDocuments (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7On each Business Day, the Loan Account will be credited with all payments received by Agent and collected into the Agent’s Account on or before 2:00 p.m. (Atlanta time) on such day from Borrowers Borrower or for Borrowers’ Borrower’s account, including all amounts received in the Agent’s Account from any Cash Management Bank. Agent shall make available to Borrowers monthly render statements regarding the Loan AccountAccount to Borrower, including the principal amount of the Revolving Loansprincipal, interest accrued hereunderinterest, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statementstatements shall be conclusively presumed, 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 Agent first makes such a statement available to Borrowersreceipt thereof by Borrower, Borrowers Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statementstatements.
Appears in 1 contract
Samples: Loan and Security Agreement (Orbital Sciences Corp /De/)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an a separate account on its books in the name of each of the Borrowers (collectively, the “Loan AccountAccounts”) on which Borrowers each Borrower will be charged with all Revolving Loans (including Extraordinary its particular Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers such Borrower or for Borrowers’ such Borrower’s account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ such Borrower’s account, and with all other payment Obligations hereunder or under the other Loan DocumentsDocuments (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.72.8, the Loan Account Accounts will be credited with all payments received by Agent from Borrowers or for Borrowers’ account, including all amounts received in the Agent’s Account from any Cash Management Bank except, in the case of US Borrower, such amounts that have been forwarded to US Borrower’s Deposit Account pursuant to the last sentence of Section 2.7(b). Agent shall make available to Borrowers monthly render statements regarding the Loan AccountAccounts to Administrative Borrower, including the principal amount of the Revolving Loansprincipal, interest accrued hereunderinterest, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statementstatements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers each Borrower and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowersreceipt thereof by Administrative Borrower, Borrowers Administrative Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statementstatements.
Appears in 1 contract
Samples: Loan and Security Agreement (SMART Modular Technologies (WWH), Inc.)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with all Revolving Loans (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account. Agent shall make available to Borrowers Administrative Borrower monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to BorrowersAdministrative Borrower, Borrowers Administrative Borrower shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 1 contract
Samples: Credit Agreement (Usa Truck 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 Floorplan Loans (including Extraordinary Floorplan Advances and Floorplan Swing Loans), all Revolving Loans (including Extraordinary Revolver Advances and Revolver Swing Loans) made by Agent, a Swing Lender, or the Lenders to Borrowers Borrower or for Borrowers’ Borrower’s account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers Borrower or for Borrowers’ Borrower’s account. Agent shall make available to Borrowers Borrower monthly statements regarding the Loan Account, including the principal amount of the Floorplan Loans and the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting 126471205_8 Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Borrower and the Lender Group unless, within 30 days after Agent first makes such a statement available to BorrowersBorrower, Borrowers Borrower shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 1 contract
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “"Loan Account”") on which Borrowers will be charged with the all Revolving Loans Advances (including Extraordinary Advances Agent Advances, Overadvances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ ' account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ ' account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.72.8, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ ' account. Agent shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of the Revolving LoansAdvances, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 45 days after Agent first makes such a statement available to Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 1 contract
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with the Term Loan, all Revolving Loans (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account. Agent shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of the Term Loan and the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first 3515771.12 18 makes such a statement available to Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 1 contract
Samples: Credit Agreement (Vector Group LTD)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with all Revolving Loans (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ any Borrower’s account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ any Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ any Borrower’s account. Agent shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 1 contract
Samples: Credit Agreement (Aventine Renewable Energy Holdings Inc)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with all Revolving Loans (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Revolving Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account. Agent shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 1 contract
Maintenance of Loan Account; Statements of Obligations. The Administrative Agent shall maintain an account on its books in the name of Borrowers the Borrower (the “Loan Account”) on which Borrowers the Borrower will be charged with all Revolving Loans Advances (including Extraordinary Agent Advances and Swing Loans) made by the Administrative Agent, Swing Lender, or the Lenders to Borrowers the Borrower or for Borrowers’ the Borrower’s account, the Letters of Credit L/C’s issued or arranged by Issuing Bank Lender for Borrowers’ the Borrower’s account, and with all other payment Obligations hereunder or under the other Loan DocumentsDocuments (including Bank Product Obligations up to the amount of the then extant Bank Products Reserve but excluding the Term Loan Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with this Section 2.72.16, the Loan Account will be credited with all payments received by the Administrative Agent from Borrowers the Borrower or for Borrowers’ the Borrower’s account. The Administrative Agent shall make available to Borrowers monthly render statements regarding the Loan AccountAccount to the Borrower, including the principal amount of the Revolving Loansprincipal, interest accrued hereunderinterest, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statement, absent manifest error, statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers the Borrower and the Lender Group unless, within 30 60 days after Agent first makes such a statement available to Borrowersreceipt thereof by the Borrower, Borrowers the Borrower shall deliver to the Administrative Agent written objection thereto describing the error or errors contained in any such statementstatements.
Appears in 1 contract
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers Borrower (the “"Loan Account”") on which Borrowers Borrower will be charged with all Revolving Loans (including Extraordinary Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers Borrower or for Borrowers’ Borrower's account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ Borrower's account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with -#PageNum#- all payments received by Agent from Borrowers Borrower or for Borrowers’ Borrower's account. Agent shall make available to Borrowers Borrower monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Borrower and the Lender Group unless, within 30 days after Agent first makes such a statement available to BorrowersBorrower, Borrowers Borrower shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 1 contract
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with the Term Loans, all Revolving Loans (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan DocumentsDocuments (and except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account. Agent shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of each Term Loan and the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 1 contract
Samples: Credit Agreement (Digirad Corp)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “"Loan Account”") on which Borrowers will be charged with the Term Loan, all Revolving Loans Advances (including Extraordinary Agent Advances, Swing Loans and Advances and Swing Loansto fund Borrowers' payment Obligations under Foreign Exchange Forward Contracts) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ ' account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ ' account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.72.8, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ ' account, including all amounts received in the Agent's Account from any Cash Management Bank. Agent shall make available to Borrowers render monthly statements regarding the Loan AccountAccount to Administrative Borrower, including the principal amount of the Revolving Loansprincipal, interest accrued hereunderinterest, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statement, absent manifest error, statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowersreceipt thereof by Administrative Borrower, Borrowers Administrative Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statementstatements.
Appears in 1 contract
Maintenance of Loan Account; Statements of Obligations. The Revolving Agent shall maintain an account on its books in the name of the Borrowers (the “Loan Account”) on which the Borrowers will be charged with the Term Loan, all Revolving Loans Advances (including Extraordinary Advances and Swing LoansProtective Advances) made by Agent, Swing Lender, or to the Lenders to Borrowers or for the Borrowers’ account, the amounts charged pursuant to Section 2.6 or Section 2.12 in respect of Letters of Credit issued or arranged by Issuing Bank for Borrowers’ accountCredit, and with all other payment Obligations hereunder or under the other Loan DocumentsDocuments (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 the Revolving Agent from the Borrowers or for the Borrowers’ account, including all amounts received in the Agent’s Account from any Cash Management Bank. The Revolving Agent shall make available to Borrowers monthly render statements regarding the Loan AccountAccount to the Administrative Borrower, including the principal amount of the Revolving Loansprincipal, interest accrued hereunderinterest, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statementstatements, absent manifest error, shall be conclusively rebuttably presumed to be correct and accurate and constitute an account stated between the Borrowers and the Lender Group unless, within 30 thirty (30) days after Agent first makes such a statement available to Borrowersreceipt thereof by the Administrative Borrower, Borrowers the Administrative Borrower shall deliver to the Revolving Agent written objection thereto describing the error or errors contained in any such statementstatements.
Appears in 1 contract
Maintenance of Loan Account; Statements of Obligations. Agent Lender shall maintain an account on its books in the name of Borrowers (the “"Loan Account”") on which Borrowers will be charged with all Revolving Loans (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders Lender to Borrowers or for Borrowers’ ' account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ ' account, and with all other payment Obligations hereunder or under the other Loan DocumentsDocuments when the same become due and payable pursuant to Section 2.5(d) or any other provision hereunder or under any other Loan Document, 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 Lender from Borrowers or for Borrowers’ ' account. Agent Lender shall make available to Borrowers monthly render statements regarding the Loan AccountAccount to Administrative Borrower, including the principal amount of the Revolving Loansprincipal, interest accrued hereunderinterest, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statement, absent manifest error, statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 60 days after Agent first makes such a statement available to Borrowersreceipt thereof by Administrative Borrower, Borrowers Administrative Borrower shall deliver to Agent Lender written objection thereto describing the error or errors contained in any such statementstatements.
Appears in 1 contract
Maintenance of Loan Account; Statements of Obligations. At the request of Borrowers, to facilitate and expedite the administration and accounting processes and procedures of their borrowings under this Agreement, Agent shall maintain an a single account on its books in the name names of Borrowers (the “"Loan Account”") on which Borrowers will be charged with all Revolving Loans (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders Lender Group to Borrowers or for Borrowers’ Borrower's account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses, 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 any Borrowers or for any Borrowers’ ' account. Agent shall make available to Borrowers monthly statements render one statement regarding the Loan AccountAccount to Poolmart on behalf of Borrowers, including the principal amount of the Revolving Loansprincipal, interest accrued hereunderinterest, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting the Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statement, absent manifest error, statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to receipt thereof by Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in any such statementstatements. Each Borrower hereby expressly agrees and acknowledges that Foothill shall have no obligation to account separately to such Borrower.
Appears in 1 contract
Maintenance of Loan Account; Statements of Obligations. The Funding Agent shall maintain an account on its books in the name of Borrowers the Borrower (the “Loan Account”) on which Borrowers the Borrower will be charged with all Revolving Credit Loans (including Extraordinary Advances and Swing LoansAdvances) made by Agent, Swing Lender, the Funding Agent or the Lenders to Borrowers the Borrower or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.72.6, the Loan Account will be credited with all payments received by the Funding Agent from Borrowers Borrower or for Borrowers’ the Borrower’s account. The Funding Agent shall make available to Borrowers the Borrower monthly statements regarding the Loan Account, including the principal amount of the Revolving Credit Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers the Borrower and the Lender Group unless, within 30 days after the Funding Agent first makes such a statement available to Borrowersthe Borrower, Borrowers the Borrower shall deliver to the Funding Agent written objection thereto describing the error or errors contained in such statement.
Appears in 1 contract
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “"Loan Account”") on which Borrowers will be charged with the Term Loan, all Revolving Loans Advances (including Extraordinary Agent Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ ' account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.72.8, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ ' account, including all amounts received in the Agent's Account from any Cash Management Bank. Agent shall make available to Borrowers monthly render statements regarding the Loan AccountAccount to Administrative Borrower, including the principal amount of the Revolving Loansprincipal, interest accrued hereunderinterest, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statement, absent manifest error, statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowersreceipt thereof by Administrative Borrower, Borrowers Administrative Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statementstatements.
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Samples: Loan and Security Agreement (SCB Computer Technology Inc)
Maintenance of Loan Account; Statements of Obligations. The Administrative Agent shall maintain an account on its books in the name of Borrowers the Borrower (the “Loan Account”) on which Borrowers the Borrower will be charged with all Revolving Loans (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, Agent or the Lenders to Borrowers the Borrower or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.72.06, the Loan Account will be credited with all payments received by Agent from Borrowers the Borrower or for Borrowers’ the Borrower’s account. The Administrative Agent shall make available to Borrowers the Borrower monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest demonstrable error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers the Borrower and the Lender Group unless, within 30 forty-five (45) days after Agent first makes such a statement available to Borrowersthe Borrower, Borrowers the Borrower shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 1 contract
Samples: Credit Agreement (Global Clean Energy Holdings, Inc.)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “"Loan Account”") on which Borrowers will be charged with all Revolving Loans (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ ' account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ ' account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ ' account. Agent shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
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Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers Borrower (the “Loan Account”) on which Borrowers Borrower will be charged with all Revolving Loans (including Extraordinary Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers Borrower or for Borrowers’ Borrower’s account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers Borrower or for Borrowers’ Borrower’s account. Agent shall make available to Borrowers Borrower monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Borrower and the Lender Group unless, within 30 days after Agent first makes such a statement available to BorrowersBorrower, Borrowers Borrower shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
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Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers Borrower (the “Loan Account”) on which Borrowers Borrower will be charged with all Revolving Loans Advances (including Extraordinary Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers Borrower or for Borrowers’ Borrower’s account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ Borrower’s account, and with all other payment Obligations hereunder or under the other Loan DocumentsDocuments (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers Borrower or for Borrowers’ Borrower’s account. Agent shall make available to Borrowers monthly render statements regarding the Loan AccountAccount to Borrower, including the principal amount of the Revolving Loansprincipal, interest accrued hereunderinterest, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statementupon the request of Borrower, provide invoices received by Agent with respect to Lender Group Expenses that are charged to the Loan Account. Such 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 60 days after Agent first makes such a statement available to Borrowersreceipt thereof by Borrower, Borrowers Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statementstatements.
Appears in 1 contract
Samples: Credit Agreement (Actuate Corp)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers Borrower (the “Loan Account”) on which Borrowers Borrower will be charged with all Revolving Loans Advances (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers Borrower or for Borrowers’ Borrower’s account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.72.10, the Loan Account will be credited with all payments received by Agent from Borrowers Borrower or for Borrowers’ Borrower’s account, including any transfers to the Agent’s Account from the Collection Account or the Split-Funded Loan Collection Account, as applicable, or the Trust Account. Agent shall make available to Borrowers Borrower monthly statements regarding the Loan Account, including the principal amount of the Revolving LoansAdvances, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Borrower and the Lender Group unless, within 30 days after Agent first makes such a statement available to BorrowersBorrower, Borrowers Borrower shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 1 contract
Samples: Loan and Security Agreement (NewStar Financial, Inc.)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with the Term Loan, all Revolving Loans Advances (including Extraordinary Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the amounts charged pursuant to Section 2.12 in respect of the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan DocumentsDocuments (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.72.8, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account, including all amounts received in the Agent’s Account from any Cash Management Bank. Agent shall make available to Borrowers monthly render statements regarding the Loan AccountAccount to Administrative Borrower, including the principal amount of the Revolving Loansprincipal, interest accrued hereunderinterest, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statementstatements, absent manifest error, shall be conclusively rebuttably presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowersreceipt thereof by Administrative Borrower, Borrowers Administrative Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statementstatements.
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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 Revolving Loans (including Extraordinary Advances and Swing LoansSpecial Advances) made by Agent, Swing Lender, Agent or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account. Agent shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 thirty (30) days after Agent first makes such a statement available to Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 1 contract
Samples: Credit Agreement (Independence Contract Drilling, Inc.)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers Borrower (the “Loan Account”) on which Borrowers Borrower will be charged with the Term Loan, all Revolving Loans Advances (including Extraordinary Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers Borrower or for Borrowers’ Borrower’s account, the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers Borrower or for Borrowers’ Borrower’s account. Agent shall make available to Borrowers monthly render statements regarding the Loan AccountAccount to Borrower, including the principal amount of the Revolving Loansprincipal, interest accrued hereunderinterest, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statementstatements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Borrower and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowersreceipt thereof by Borrower, Borrowers Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statementstatements.
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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 Revolving Loans (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ any Borrower’s account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ any Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ any Borrower’s account. Agent shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 1 contract
Samples: Credit Agreement (Aventine Renewable Energy Holdings Inc)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with the Term Loan and all Revolving Loans (including Extraordinary Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account. Agent shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of the Term Loan and the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 1 contract
Samples: Credit Agreement (Paycor Hcm, 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 (including any Delayed Draw Term Loans incorporated into the Term Loan pursuant to Section 2.2(b)(iii)), all Revolving Loans (including Extraordinary Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers Borrower or for Borrowers’ Borrower’s account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers Borrower or for Borrowers’ Borrower’s account. Agent shall make available to Borrowers Borrower monthly statements regarding the Loan Account, including the principal amount of the Term Loan (including any Delayed Draw Term Loans incorporated into the Term Loan pursuant to Section 2.2(b)(iii)) and the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Borrower and the Lender Group unless, within 30 days after Agent first makes such a statement available to BorrowersBorrower, Borrowers Borrower shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
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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 Revolving Loans (including Extraordinary the Term Loan and any Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders Agent to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account. Agent shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of the Revolving LoansTerm Loan, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
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Maintenance of Loan Account; Statements of Obligations. Administrative Agent shall maintain an account on its books in the name of Borrowers Borrower (the “Loan Account”) on which Borrowers Borrower will be charged with all Revolving Loans (including Extraordinary Advances and Swing Loans) made by Administrative Agent, Swing Lender, or the Lenders to Borrowers Borrower or for Borrowers’ Borrower’s account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.73.06, the Loan Account will be credited with all payments received by Administrative Agent from Borrowers Borrower or for Borrowers’ Borrower’s account. Administrative Agent shall make available to Borrowers Borrower monthly statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Borrower and the Lender Group unless, within 30 days after Administrative Agent first makes such a statement available to BorrowersBorrower, Borrowers Borrower shall deliver to Administrative Agent written objection thereto describing the error or errors contained in such statement.
Appears in 1 contract
Samples: Abl Credit and Guarantee Agreement (Janus International Group, Inc.)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with all Revolving Loans Advances (including Extraordinary Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the amounts charged pursuant to Section 2.12 in respect of the Letters of Credit issued or arranged by Issuing Bank Lender for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan DocumentsDocuments (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.72.8, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account, including all amounts received in the Agent’s Account from any Cash Management Bank. Agent shall make available to Borrowers monthly render statements regarding the Loan AccountAccount to Administrative Borrower, including the principal amount of the Revolving Loansprincipal, interest accrued hereunderinterest, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statementstatements, absent manifest error, gross negligence or willful misconduct, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to Borrowersreceipt thereof by Administrative Borrower, Borrowers Administrative Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statementstatements.
Appears in 1 contract
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrowers (the “"Loan Account”") on which Borrowers will be charged with the all Revolving Loans Advances (including Extraordinary Advances Agent Advances, Overadvances and Swing Loans) made by Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ ' account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ ' account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.72.8, the Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ ' account. Agent shall make available to Borrowers monthly statements regarding the Loan Account, including the principal amount of the Revolving LoansAdvances, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers Bxxxxxxxx and the Lender Group unless, within 30 45 days after Agent first makes such a statement available to Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 1 contract
Maintenance of Loan Account; Statements of Obligations. Administrative Agent shall maintain an account on its books in the name of Borrowers (the “Loan Account”) on which Borrowers will be charged with all Revolving Loans (including Extraordinary Advances and Swing Loans) made by Administrative Agent, Swing Lender, or the Lenders to Borrowers or for Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Administrative Agent from Borrowers or for Borrowers’ account. Administrative Agent shall make available deliver to Borrowers monthly written statements regarding the Loan Account, including the principal amount of the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrowers and the Lender Group unless, within 30 ninety (90) days after Administrative Agent first makes such a statement available to Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
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