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

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

Appears in 1 contract

Samples: Loan and Security Agreement (Cutter & Buck Inc)

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

Appears in 1 contract

Samples: Loan and Security Agreement (Archibald Candy Corp)

Maintenance of Loan Account; Statements of Obligations. Collateral Agent shall maintain an account on its books in the name of Borrower Borrowers (the “Loan Account”) on which Borrower Borrowers will be charged with the Term Loan, all Advances (including Collateral Agent Protective Advances and Swing Loans) made by Collateral Agent, Swing Lender, or the Lenders to Borrower Borrowers or for any Borrower’s account, the Letters of Credit issued or arranged by Issuing Lender for any Borrower’s account, and with all other payment Obligations Obligations, in each case hereunder or under the other Loan Documents (except for Bank Product Obligations)Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.82.7, the Loan Account will be credited with all 127255152_10 payments received by Collateral Agent from Borrower Borrowers or for any Borrower’s account, including all amounts received in the Collateral Agent’s Account from Agent. Collateral Agent shall render monthly statements regarding the Loan Account to BorrowerBorrowers, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within 30 days after receipt thereof by BorrowerBorrowers, Borrower Borrowers shall deliver to Collateral Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Credit Agreement (BOISE CASCADE Co)

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

Appears in 1 contract

Samples: Credit Agreement (Sumtotal Systems Inc)

Maintenance of Loan Account; Statements of Obligations. Collateral Agent shall maintain an account on its books in the name of Borrower Bxxxxxxx (the “Loan Account”) on which Borrower will be charged with all Advances the Term Loans (including Collateral Agent Advances and Swing LoansProtective Advances) made by Collateral Agent, Swing Lender, Agent or the Lenders to Borrower or for Borrower’s account, the Letters of Credit issued by Issuing Lender for Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations)Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.82.7, the Loan Account will be credited with all payments received by Collateral Agent from Borrower or for BorrowerBxxxxxxx’s account, including all amounts received in the Collateral Agent’s Account from Agent. Collateral Agent shall render provide to Borrower monthly statements regarding the Loan Account to BorrowerAccount, including principalthe outstanding principal amount of the Term Loans, interestinterest accrued hereunder, feesfees accrued or charged hereunder or under the other Loan Documents, and including an at Borrower’s request, a summary itemization of all charges and expenses constituting Lender Group Expenses owingaccrued hereunder or under the other Loan Documents, and each such statements statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within 30 days after receipt thereof by Agent first provides such a statement to Borrower, Borrower shall deliver to Collateral Agent written objection thereto describing the error or errors contained in any such statementsstatement.

Appears in 1 contract

Samples: Credit Agreement (Glass House Brands Inc.)

Maintenance of Loan Account; Statements of Obligations. Collateral Agent shall maintain an account on its books in the name of Borrower (the “Loan Account”) on which Borrower will be charged with all Advances (including Collateral Agent Advances and Swing Loans) made by Collateral Agent, Swing Lender, or the Lenders to Borrower or for Borrower’s account, the Letters of Credit issued or arranged by Issuing Lender Bank for Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.82.7, the Loan Account will be credited with all payments received by Collateral Agent from Borrower or for Borrower’s account, including all amounts received in the Collateral Agent’s Account from Agentany Cash Management Bank. Collateral Agent shall render statements regarding the Loan Account to Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within 30 days after receipt thereof by Borrower, Borrower shall deliver to Collateral Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Loan and Security Agreement (Hercules Capital, Inc.)

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

Appears in 1 contract

Samples: Loan and Security Agreement (Oakwood Homes Corp)

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

Appears in 1 contract

Samples: Credit Agreement (Energy Corp of America)

Maintenance of Loan Account; Statements of Obligations. Collateral Agent shall maintain an account on its books in the name of Borrower Borrowers (the “Loan Account”) on which Borrower Borrowers will be charged with the Term Loan, all Advances (including Collateral Agent Protective Advances and Swing Loans) made by Collateral Agent, Swing Lender, or the Lenders to Borrower Borrowers or for Borrower’s Borrowers’ account, the Letters of Credit issued by Issuing Lender for Borrower’s Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.82.7, the Loan Account will be credited with all payments received by Collateral Agent from Borrower Borrowers or for Borrower’s Borrowers’ account, including all amounts received in the Collateral Agent’s Account from Agent. Collateral Agent shall render statements regarding the Loan Account to BorrowerBorrowers, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within 30 days after receipt thereof by BorrowerBorrowers, Administrative Borrower shall deliver to Collateral Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Credit Agreement (USA Mobility, Inc)

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

Appears in 1 contract

Samples: Loan and Security Agreement (Sharper Image Corp)

Maintenance of Loan Account; Statements of Obligations. Collateral Agent shall maintain an account on its books in the name of Borrower Bxxxxxxx (the “Loan Account”) on which Borrower will be charged with all Advances (including Collateral Agent Extraordinary Advances and Swing Loans) made by Collateral Agent, Swing Lender, or the Lenders to Borrower or for Borrower’s account, the Letters of Credit issued by Issuing Lender for Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations)Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.82.6, the Loan Account will be credited with all payments received by Collateral Agent from Borrower or for BorrowerBxxxxxxx’s account, including all amounts received in the Collateral Agent’s Account from Agent. Collateral Agent shall render make available to Borrower monthly statements regarding the Loan Account to BorrowerAccount, including principalthe principal amount of the Advances, interestinterest accrued hereunder, feesfees accrued or charged hereunder or under the other Loan Documents, and including an a summary itemization of all charges and expenses constituting Lender Group Expenses owingaccrued hereunder or under the other Loan Documents, and each such statements statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Bxxxxxxx and the Lender Group unless, within 30 days after receipt thereof by Agent first makes such a statement available to Borrower, Borrower shall deliver to Collateral Agent written objection thereto describing the error or errors contained in any such statementsstatement.

Appears in 1 contract

Samples: Loan and Security Agreement (AFC Gamma, Inc.)

Maintenance of Loan Account; Statements of Obligations. Collateral Agent Lender shall maintain an account on its books in the name of Borrower (the "Loan Account") on which Borrower will be charged with all Advances (including Collateral Agent Advances and Swing Loans) made by Collateral Agent, Swing Lender, or the Lenders Lender to Borrower or for Borrower’s 's account, the Letters of Credit issued by Issuing Lender for Borrower’s 's account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.82.7, the Loan Account will be credited with all payments received by Collateral Agent Lender from Borrower or for Borrower’s 's account, including all amounts received in the Collateral Agent’s Lender's Account from Agentany Cash Management Bank. Collateral Agent Lender shall render statements regarding the Loan Account to Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements shall be conclusively presumed to be correct and accurate and constitute an prima facie evidence of the, account stated between Borrower and the Lender Group unless, within 30 days after receipt thereof by Borrower, Borrower shall deliver to Collateral Agent Lender written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

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

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

Appears in 1 contract

Samples: Loan and Security Agreement (Sharper Image Corp)

Maintenance of Loan Account; Statements of Obligations. Collateral Agent shall maintain an account on its books in the name of Borrower (the “Loan Account”) on which Borrower will be charged with the Incremental Term Loans, the Delayed Draw Term Loan, all Advances (including Collateral Agent Advances and Swing LoansAdvances) made by Collateral Agent, Swing Lender, Agent or the Lenders to Borrower or for Borrower’s account, the Letters of Credit issued by Issuing Lender for Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.8, the Loan Account will be credited with all payments received by Collateral Agent from Borrower or for Borrower’s account, including all amounts received in the Collateral Agent’s Account from Agentany Cash Management Bank. Collateral Agent shall render statements regarding 137020431v13 the Loan Account to Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within 30 days after receipt thereof by Borrower, Borrower shall deliver to Collateral Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

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

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

Appears in 1 contract

Samples: Loan and Security Agreement (Amtrol Inc /Ri/)

Maintenance of Loan Account; Statements of Obligations. Collateral Agent shall maintain an account on its books in the name of Borrower Borrowers (the "Loan Account") on which Borrower Borrowers will be charged with all Advances (including Collateral Agent Advances and Swing Loans) made by Collateral Agent, Swing Lender, or the Lenders to Borrower Borrowers or for Borrower’s Borrowers' account, with the amounts charged pursuant to Section 2.12 in respect of the Letters of Credit issued by Issuing Lender for Borrower’s Borrowers' account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations)Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.8, the Loan Account will be credited with all payments received by Collateral Agent from Borrower Borrowers or for Borrower’s Borrowers' account, including all amounts received in the Collateral Agent’s 's Account from Agentany Cash Management Bank. Collateral Agent shall render statements regarding the Loan Account to Administrative Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within 30 days after receipt thereof by Administrative Borrower, Administrative Borrower shall deliver to Collateral Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Loan and Security Agreement (Silicon Graphics Inc /Ca/)

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

Appears in 1 contract

Samples: Loan and Security Agreement (U Haul International Inc)

Maintenance of Loan Account; Statements of Obligations. Collateral Agent shall maintain an account on its books in the name of Borrower (the "Loan Account") on which Borrower will be charged with all Advances (including Collateral Agent Advances and Swing Loans) the Term Loans made by Collateral Agent, Swing Lender, or the Lenders Lender Group to Borrower or for Borrower’s 's account, the Letters of Credit issued by Issuing Lender for Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses, and any other payment Obligations of Borrower; provided, however, that Back Bay shall send monthly interest statements setting forth the monthly interest accrual and payment due in respect of the Tranche B Term Loans to Borrower, with a copy to Agent, no later than ten (10) days prior to the due date therefor. In accordance with Section 2.82.9, the Loan Account will be credited with all payments received by Collateral Agent from Borrower or for Borrower’s 's account, including all amounts received in the Collateral Agent’s 's Account from Agentany Lockbox Bank. Collateral Agent shall render statements regarding the Loan Account to Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting the Lender Group Expenses owing, and such statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within 30 thirty (30) days after receipt thereof by Borrower, Borrower shall deliver to Collateral Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Loan and Security Agreement (Thomaston Mills Inc)

Maintenance of Loan Account; Statements of Obligations. Collateral Agent shall maintain an account on its books in the name of Borrower Borrowers (the "Loan Account") on which any Borrower will be charged with all Advances (including Collateral Agent Advances and Swing Loans) Revolving Loans made by Collateral Agent, Swing Lender, Agent or the Lenders to any Borrower or for any Borrower’s account, the Letters of Credit issued by Issuing Lender for Borrower’s 's account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations)Documents, including, accrued interest, fees and expenses, and Lender Group ExpensesExpenses with respect thereto. In accordance with Section 2.82.7, the Loan Account will be credited with all payments received by Collateral Agent from any Borrower or for any Borrower’s 's account, including all amounts received in the Collateral Agent’s Account from Agent. Collateral Agent shall render make available to each Borrower monthly statements regarding the Loan Account to BorrowerAccount, including principalthe principal amount of the Revolving Loans, interestinterest accrued hereunder, feesfees accrued or charged hereunder or under the other Loan Documents, and including an a summary itemization of all charges and expenses constituting Lender Group Expenses owingaccrued hereunder or under the other Loan Documents, and each such statements statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within 30 days after receipt thereof by BorrowerAgent first makes such a statement available to Borrowers, Borrower Borrowers shall deliver to Collateral Agent written objection thereto describing the error or errors contained in any such statementsstatement.

Appears in 1 contract

Samples: Debt Agreement (Ciber Inc)

Maintenance of Loan Account; Statements of Obligations. Collateral Agent shall maintain an account on its books in the name of Borrower Borrowers (the “Loan Account”) on which Borrower Borrowers will be charged with all Advances (including Collateral Agent Advances and Swing Loans) made by Collateral Agent, Swing Lender, or the Lenders to Borrower Borrowers or for Borrower’s Borrowers’ account, the Letters of Credit issued by Issuing Lender for Borrower’s Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations)Documents, including, including accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.82.10, the Loan Account will be credited with all payments received by Collateral Agent from Borrower Borrowers or for Borrower’s Borrowers’ account, including all amounts received in the Collateral Agent’s Account from Agentany depository account bank or Concentration Account Bank. Collateral Agent shall render statements regarding the Loan Account to Administrative Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within 30 days after receipt thereof by Administrative Borrower, Administrative Borrower shall deliver to Collateral Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Loan and Security Agreement (Ultimate Electronics Inc)

Maintenance of Loan Account; Statements of Obligations. Collateral Agent shall maintain an account on its books in the name of Borrower Borrowers (the “Loan Account”) on which Borrower Borrowers will be charged with all Advances (including Collateral Agent Advances and Swing Loans) made by Collateral Agent, Swing Lender, or the Lenders to Borrower Borrowers or for Borrower’s Borrowers’ account, with the amounts charged pursuant to Section 2.12 in respect of the Letters of Credit issued by Issuing Lender for Borrower’s Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations)Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.8, the Loan Account will be credited with all payments received by Collateral Agent from Borrower Borrowers or for Borrower’s Borrowers’ account, including all amounts received in the Collateral Agent’s Account from Agentany Cash Management Bank. Collateral Agent shall render statements regarding the Loan Account to Administrative Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within 30 days after receipt thereof by Administrative Borrower, Administrative Borrower shall deliver to Collateral Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Loan and Security Agreement (Silicon Graphics Inc /Ca/)

Maintenance of Loan Account; Statements of Obligations. Collateral Agent shall maintain an account on its books in the name of Borrower Borrowers (the "Loan Account") on which Borrower Borrowers will be charged with the Term Loan, all Advances (including Collateral Agent Protective Advances and Swing Loans) made by Collateral Agent, Swing Lender, or the Lenders to Borrower Borrowers or for Borrower’s Borrowers' account, the Letters of Credit issued by Issuing Lender for Borrower’s Borrowers' account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.82.7, the Loan Account will be credited with all payments received by Collateral Agent from Borrower Borrowers or for Borrower’s Borrowers' account, including all amounts received in the Collateral Agent’s Account from Agent. Collateral Agent shall render statements regarding the Loan Account to Administrative Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within 30 days after receipt thereof by Administrative Borrower, Administrative Borrower shall deliver to Collateral Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Credit Agreement (Angiotech Pharmaceuticals Inc)

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

Appears in 1 contract

Samples: Loan and Security Agreement (BGF Industries Inc)

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

Appears in 1 contract

Samples: Credit Agreement (Trizetto Group Inc)

Maintenance of Loan Account; Statements of Obligations. Collateral Agent Lender shall maintain an account on its books in the name of Borrower (the “Loan Account”"LOAN ACCOUNT") on which Borrower will be charged with all Advances (including Collateral Agent Advances and Swing Loans) made by Collateral Agent, Swing Lender, or the Lenders Lender to Borrower or for Borrower’s 's account, the Letters of Credit issued by Issuing Lender for Borrower’s 's account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses, in each case, to the extent not paid when due. In accordance with Section SECTION 2.8, the Loan Account will be credited with all payments received by Collateral Agent Lender from Borrower or for Borrower’s 's account, including all amounts received in the Collateral Agent’s Account from Agent. Collateral Agent Lender shall render statements regarding the Loan Account to Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within 30 days after receipt thereof by Borrower, Borrower shall deliver to Collateral Agent Lender written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Loan and Security Agreement (Mortons Restaurant Group Inc)

Maintenance of Loan Account; Statements of Obligations. Collateral Agent shall maintain an account on its books in the name of Borrower Borrowers (the “Loan Account”) on which Borrower Borrowers will be charged with all Term Loans and Advances (including Collateral Agent Protective Advances and Swing Loans) made by Collateral Agent, Swing Lender, or the Lenders to Borrower Borrowers or for Borrower’s Borrowers’ account, the Letters of Credit issued or arranged by Issuing Lender for Borrower’s Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations)Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.82.7, the Loan Account will be credited with all payments received by Collateral Agent from Borrower Borrowers or for any Borrower’s account, including all amounts received in the Collateral Agent’s Account from Agent. Collateral Agent shall render monthly statements regarding the Loan Account to BorrowerBorrowers, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within 30 thirty (30) days after receipt thereof by BorrowerBorrowers, Borrower Borrowers shall deliver to Collateral Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Credit Agreement (VOXX International Corp)

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

Appears in 1 contract

Samples: Loan and Security Agreement (Nabi Biopharmaceuticals)

Maintenance of Loan Account; Statements of Obligations. Collateral Agent shall maintain an account on its books in the name of Borrower Borrowers (the “Loan Account”) on which Borrower Borrowers will be charged with the Term Loan, all Advances (including Collateral Agent Protective Advances and Swing Loans) made by Collateral Agent, Swing Lender, or the Lenders to Borrower Borrowers or for Borrower’s Borrowers’ account, the Letters of Credit issued by Issuing Lender for Borrower’s Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.8, the Loan Account will be credited with all payments received by Collateral Agent from Borrower Borrowers or for Borrower’s Borrowers’ account, including all amounts received in the Collateral Agent’s Account from Agentany Cash Management Bank. Collateral Agent shall render statements regarding the Loan Account to Administrative Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within 30 days after receipt thereof by Administrative Borrower, Administrative Borrower shall deliver to Collateral Agent written objection thereto describing the error or errors contained in any such statements. Promptly after receipt of such written objection and Agent’s evaluation thereof, the Agent shall credit the Loan Account for amounts (if any) contained in such statements that Agent agrees were charged in error.

Appears in 1 contract

Samples: Credit Agreement (Foothills Resources Inc)

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

Appears in 1 contract

Samples: Loan and Security Agreement (GXS Corp)

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

Appears in 1 contract

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

Maintenance of Loan Account; Statements of Obligations. Collateral Agent shall maintain an account on its books in the name of Borrower Borrowers (the “Loan Account”) on which Borrower Borrowers will be charged with all Advances (including Collateral Agent Protective Advances and Swing Loans) made by Collateral Agent, Swing Lender, or the Lenders to Borrower Borrowers or for Borrower’s Borrowers’ account, the Letters of Credit issued or made by Issuing Lender for Borrower’s Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.82.7, the Loan Account will be credited with all payments received by Collateral Agent from Borrower Borrowers or for Borrower’s Borrowers’ account, including all amounts received in the Collateral Agent’s Account from Agent. Collateral Agent shall render monthly statements regarding the Loan Account to BorrowerBorrowers, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within 30 45 days after receipt thereof by BorrowerBorrowers, Administrative Borrower shall deliver to Collateral Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Credit Agreement (Stock Building Supply Holdings, Inc.)

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

Appears in 1 contract

Samples: Loan and Security Agreement (Wam Net Inc)

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

Appears in 1 contract

Samples: Credit Agreement (Hawaiian Holdings Inc)

Maintenance of Loan Account; Statements of Obligations. Collateral Agent shall maintain an account on its books in the name of Borrower Borrowers (the “Loan Account”) on which Borrower Borrowers will be charged with all Advances (including Collateral Agent Advances and Swing Loans) made by Collateral Agent, Swing Lender, or the Lenders to Borrower Borrowers or for Borrower’s Borrowers’ account, the Letters of Credit issued by Issuing Lender for Borrower’s Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations)Documents, including, including accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.82.11, the Loan Account will be credited with all payments received by Collateral Agent from Borrower Borrowers or for Borrower’s Borrowers’ account, including all amounts received in the Collateral Agent’s Account from Agentany depository account bank or Concentration Account Bank. Collateral Agent shall render statements regarding the Loan Account to Administrative Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within 30 days after receipt thereof by Administrative Borrower, Administrative Borrower shall deliver to Collateral Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Loan and Security Agreement (Ultimate Electronics Inc)

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

Appears in 1 contract

Samples: Loan and Security Agreement (Iron Age Corp)

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

Appears in 1 contract

Samples: Loan and Security Agreement (James River Coal CO)

Maintenance of Loan Account; Statements of Obligations. Collateral Agent shall maintain an account on its books in the name of Borrower (the "Loan Account") on which Borrower will be charged with all Advances (including Collateral Agent Protective Advances and Swing Loans) made by Collateral Agent, Swing Lender, or the Lenders to Borrower or for Borrower’s 's account, the Letters of Credit issued or made by Issuing Lender for Borrower’s 's account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.82.7, the Loan Account will be credited with all payments received by Collateral Agent from Borrower or for Borrower’s 's account, including all amounts received in the Collateral Agent’s Account from Agent. Collateral Agent shall render statements on a monthly basis regarding the Loan Account to Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within 30 days after receipt thereof by Borrower, Borrower shall deliver to Collateral Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Credit Agreement (Realpage Inc)

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

Appears in 1 contract

Samples: Loan and Security Agreement (Sharper Image Corp)

Maintenance of Loan Account; Statements of Obligations. Collateral Agent shall maintain an account on its books in the name of Borrower (the “Loan Account”) on which Borrower will be charged with the Term Loan, all Advances (including Collateral Agent Protective Advances and Swing Loans) made by Collateral Agent, Swing Lender, or the Lenders to Borrower or for Borrower’s account, the Letters of Credit issued or made by Issuing Lender for Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.82.7, the Loan Account will be credited with all payments received by Collateral Agent from Borrower or for Borrower’s account, including all amounts received in the Collateral Agent’s Account from Agent. Collateral Agent shall render statements on a monthly basis regarding the Loan Account to Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within 30 days after receipt thereof by Borrower, Borrower shall deliver to Collateral Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Credit Agreement (Realpage Inc)

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

Appears in 1 contract

Samples: Credit Agreement (Dune Energy Inc)

Maintenance of Loan Account; Statements of Obligations. Collateral Agent shall maintain an account on its books in the name of Borrower (the "Loan Account") on which Borrower will be charged with all Advances (including Collateral Agent Advances and Swing Loans) made by Collateral Agent, Swing Lender, or the Lenders Lender Group to Borrower or for Borrower’s 's account, the Letters of Credit issued by Issuing Lender for Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses, and any other payment Obligations of Borrower. In accordance with Section 2.82.9, the Loan Account will be credited with all payments received by Collateral Agent from Borrower or for Borrower’s 's account, including all amounts received in the Collateral Agent’s 's Account from Agentany Lockbox Bank. Collateral Agent shall render statements regarding the Loan Account to Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting the Lender Group Expenses owingowing and of all expenses, charges, and costs provided for in Section 2.2(d) 43 or in Section 2.12(d) and attaching detailed invoices in respect of any such material charge, expense, or cost not otherwise set forth in detail on such statement, and such statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within 30 days after receipt thereof by Borrower, Borrower shall deliver to Collateral Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Loan and Security Agreement (Samuels Jewelers Inc)

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

Appears in 1 contract

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

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

Appears in 1 contract

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

Maintenance of Loan Account; Statements of Obligations. Collateral Agent shall maintain an account on its books in the name of Borrower Borrowers (the "Loan Account") on which Borrower Borrowers will be charged with all Advances (including Collateral Agent Advances and Swing Loans) made by Collateral Agent, Swing Lender, or the Lenders to Borrower Borrowers or for Borrower’s Borrowers' account, the Letters of Credit issued by Issuing Lender for Borrower’s Borrowers' account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.8, the Loan Account will be credited with all payments received by Collateral Agent from Borrower Borrowers or for Borrower’s Borrowers' account, including all amounts received in the Collateral Agent’s 's Account from Agentany Cash Management Bank. Collateral Agent shall render statements regarding the Loan Account to BorrowerBorrower Representative, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements shall be conclusively presumed to be presumptively correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within 30 days after receipt thereof by BorrowerBorrower Representative, Borrower Representative shall deliver to Collateral Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Loan and Security Agreement (Alpine Group Inc /De/)

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

Appears in 1 contract

Samples: Loan and Security Agreement (Telos Corp)

Maintenance of Loan Account; Statements of Obligations. Collateral Agent shall maintain an account on its books in the name of Borrower Borrowers and (the “Loan Account”) on which Borrower Borrowers will be charged with the Term Loan, all Advances (including Collateral Agent Advances and Swing Loans) made by Collateral Agent, Swing Lender, or the Lenders to Borrower Borrowers or for Borrower’s Borrowers’ account, the Letters of Credit issued by Issuing Lender for Borrower’s Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.8, the Loan Account will be credited with all payments received by Collateral Agent from Borrower Borrowers or for Borrower’s Borrowers’ account, including all amounts received in the Collateral Agent’s Account from Agentany Cash Management Bank. Collateral Agent shall render statements regarding the Loan Account to Administrative Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within 30 45 days after receipt thereof by Administrative Borrower, Administrative Borrower shall deliver to Collateral Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Loan and Security Agreement (LSB Industries Inc)

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

Appears in 1 contract

Samples: Credit Agreement (Oasis Interval Ownership, LLC)

Maintenance of Loan Account; Statements of Obligations. Collateral Agent shall maintain an account on its books in the name of Borrower Borrowers (the “Loan Account”) on which Borrower Borrowers will be charged with the Term Loan and all Protective Advances (including Collateral Agent Advances and Swing Loans) made by Collateral Agent, Swing Lender, Agent or the Lenders to Borrower Borrowers or for Borrower’s account, the Letters of Credit issued by Issuing Lender for Borrower’s Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations)Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.82.7, the Loan Account will be credited with all payments received by Collateral Agent from Borrower Borrowers or for Borrower’s Borrowers’ account, including all amounts received in the Collateral Agent’s Account from Agent. Collateral Agent shall render make available to Borrowers, upon request, monthly statements regarding the Loan Account to BorrowerAccount, including principalthe principal amount of the Term Loan, interestinterest accrued hereunder, feesfees accrued or charged hereunder or under the other Loan Documents, and including an a summary itemization of all charges and expenses constituting Lender Group Expenses owingaccrued hereunder or under the other Loan Documents, and each such statements statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within 30 days after receipt thereof by BorrowerAgent first makes such a statement available to Borrowers, Borrower Borrowers shall deliver to Collateral Agent written objection thereto describing the error or errors contained in any such statementsstatement.

Appears in 1 contract

Samples: Credit Agreement (Power Solutions International, Inc.)

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

Appears in 1 contract

Samples: Loan and Security Agreement (Harvey Electronics Inc)

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

Appears in 1 contract

Samples: Loan and Security Agreement (Mercator Software Inc)

Maintenance of Loan Account; Statements of Obligations. Collateral Agent shall maintain an account on its books in the name of Borrower (the “Loan Account”) on which Borrower will be charged with the Term Loan, all Advances (including Collateral Agent Advances and Swing LoansProtective Advances) made by Collateral Agent, Swing Lender, Agent or the Lenders to Borrower or for Borrower’s account, the Letters of Credit issued by Issuing Lender for Borrower’s account, account hereunder and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations)Documents, including, including accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.82.7, the Loan Account will be credited with all payments received by Collateral Agent from Borrower or for Borrower’s account, including all amounts received . Agent shall include in the Collateral Agent’s Loan Account from Agenta copy of each Assignment and Acceptance delivered to it in accordance with Section 13 hereof and a register for the recordation of the names and addresses of each Lender, and the commitments of, and principal amount and interest of the Loans owing to, such Lender pursuant to the terms hereof. Collateral Agent shall render statements regarding the Loan Account to BorrowerBorrower prior to each date on which an interest payment is due (it being understood and agreed that Agent’s failure to render any such statement shall not relieve Borrower of its obligation to make such payment), including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within 30 sixty (60) days after receipt thereof by BorrowerBorrower (or such longer period as Agent may agree to in its sole discretion), Borrower shall deliver to Collateral Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Credit Agreement (Intapp, Inc.)

Maintenance of Loan Account; Statements of Obligations. Collateral Agent shall maintain an account on its books in the name of Borrower Borrowers (the "Loan Account") on which Borrower Borrowers will be charged with the Term Loan, all Advances (including Collateral Agent Advances and Swing LoansAdvances) made by Collateral Agent, Swing Lender, Agent or the Lenders to Borrower Borrowers or for Borrower’s Borrowers' account, the Letters of Credit issued by Issuing Lender for Borrower’s Borrowers' account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.8, the Loan Account will be credited with all payments received by Collateral Agent from Borrower Borrowers or for Borrower’s Borrowers' account, including all amounts received in the Collateral Agent’s 's Account from Agentany Cash Management Bank. Collateral Agent shall render statements regarding the Loan Account to Administrative Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within 30 days after receipt thereof by Administrative Borrower, Administrative Borrower shall deliver to Collateral Agent written objection thereto describing the error or errors contained in any such statements." (l) Section 3.5 of the Loan Agreement is hereby amended and restated in its entirety as follows:

Appears in 1 contract

Samples: Loan and Security Agreement (Hypercom Corp)

Maintenance of Loan Account; Statements of Obligations. Collateral Agent shall maintain an account on its books in the name of Borrower (the “Loan Account”) on which Borrower will be charged with all Advances the Term Loans (including Collateral Agent Advances and Swing LoansProtective Advances) made by Collateral Agent, Swing Lender, Agent or the Lenders to Borrower or for Borrower’s account, the Letters of Credit issued by Issuing Lender for Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations)Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.82.7, the Loan Account will be credited with all payments received by Collateral Agent from Borrower or for Borrower’s account, including all amounts received in the Collateral Agent’s Account from Agent. Collateral Agent shall render provide to Borrower monthly statements regarding the Loan Account to BorrowerAccount, including principalthe outstanding principal amount of the Term Loans, interestinterest accrued hereunder, feesfees accrued or charged hereunder or under the other Loan Documents, and including an at Borrower’s request, a summary itemization of all charges and expenses constituting Lender Group Expenses owingaccrued hereunder or under the other Loan Documents, and each such statements statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within 30 days after receipt thereof by Agent first provides such a statement to Borrower, Borrower shall deliver to Collateral Agent written objection thereto describing the error or errors contained in any such statementsstatement.

Appears in 1 contract

Samples: Credit Agreement (Glass House Brands Inc.)

Maintenance of Loan Account; Statements of Obligations. Collateral Agent shall maintain an account on its books in the name of Borrower Borrowers (the “Loan Account”) on which Borrower Borrowers will be charged with all Advances (including Collateral Agent Protective Advances and Swing Loans) made by Collateral Agent, Swing Line Lender, or the Lenders to Borrower Borrowers or for Borrower’s Borrowers’ account, the Letters of Credit issued or made by Issuing Lender for Borrower’s Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.82.7, the Loan Account will be credited with all payments received by Collateral Agent from Borrower Borrowers or for Borrower’s Borrowers’ account, including all amounts received in the Collateral Agent’s Account from Agent. Collateral Agent shall render monthly statements regarding the Loan Account to BorrowerBorrowers, including principal, interest, fees, Obligations with respect to Letters of Credit and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within 30 forty-five (45) days after receipt thereof by BorrowerBorrowers, Borrower Borrowers shall deliver to Collateral Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Credit Agreement (Delek US Holdings, Inc.)

Maintenance of Loan Account; Statements of Obligations. Collateral Agent shall maintain an account on its books in the name of Borrower Borrowers (the "Loan Account") on which Borrower Borrowers will be charged with the Term Loan, all Advances (including Collateral Agent Advances and Swing LoansAdvances) made by Collateral Agent, Swing Lender, Agent or the Lenders to Borrower Borrowers or for Borrower’s Borrowers' account, the Letters of Credit issued by Issuing Lender for Borrower’s Borrowers' account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations)Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.8, the Loan Account will be credited with all payments received by Collateral Agent from Borrower Borrowers or for Borrower’s Borrowers' account, including all amounts received in the Collateral Agent’s 's Account from Agentany Cash Management Bank. Collateral Agent shall render statements regarding the Loan Account to Administrative Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within 30 days after receipt thereof by Administrative Borrower, Administrative Borrower shall deliver to Collateral Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Loan and Security Agreement (Hypercom Corp)

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

Appears in 1 contract

Samples: Credit Agreement (Portrait Corp of America, Inc.)

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

Appears in 1 contract

Samples: Credit Agreement (Hawaiian Holdings Inc)

Maintenance of Loan Account; Statements of Obligations. Collateral Agent shall maintain an account on its books in the name of Borrower Borrowers (the “Loan Account”) on which Borrower Borrowers will be charged with the Term Loans, all Advances (including Collateral Agent Advances and Swing Loans) made by Collateral Agent, Swing Lender, or the Lenders to Borrower Borrowers or for Borrower’s Borrowers’ account, the Letters of Credit issued by Issuing Lender for Borrower’s Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.8, the Loan Account will be credited with all payments received by Collateral Agent from Borrower Borrowers or for Borrower’s Borrowers’ account, including all amounts received in the Collateral Agent’s Account from Agentany Cash Management Bank. Collateral Agent shall render statements regarding the Loan Account to Administrative Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses Expenses, to the extent due and owing, and such statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within 30 days after receipt thereof by Administrative Borrower, Administrative Borrower shall deliver to Collateral Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Loan and Security Agreement (Metalico Inc)

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

Appears in 1 contract

Samples: Loan and Security Agreement (Party City Corp)

Maintenance of Loan Account; Statements of Obligations. Collateral Agent shall maintain an account on its books in the name of Borrower (the "Loan Account") on which Borrower will be charged with all Advances (including Collateral Agent Advances and Swing Loans) made by Collateral Agent, Swing Lender, or the Lenders to Borrower or for Borrower’s 's account, the Letters of Credit issued by Issuing Lender for Borrower’s 's account, and with all other payment Obligations hereunder or under the other Loan Documents (except for including Bank Product ObligationsObligations up to the amount of the then extant Bank Products Reserve), including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.8, the Loan Account will be credited with all payments received by Collateral Agent from Borrower or for Borrower’s 's account, including all amounts received in the Collateral Agent’s Account from Agent. Collateral Agent shall render statements regarding the Loan Account to Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within 30 days after receipt thereof by Borrower, Borrower shall deliver to Collateral Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Loan Agreement (Abraxas Petroleum Corp)

Maintenance of Loan Account; Statements of Obligations. Collateral Agent shall maintain an account on its books in the name of Borrower (the “Loan Account”) on which Borrower will be charged with the all Advances (including Collateral Agent Protective Advances and Swing Loans) made by Collateral Agent, Swing Lender, or the Lenders to Borrower or for Borrower’s account, the Letters of Credit issued by Issuing Lender for Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.82.7, the Loan Account will be credited with all payments received by Collateral Agent from Borrower or for Borrower’s account, including all amounts received in the Collateral Agent’s Account from Agent. Collateral Agent shall render statements regarding the Loan Account to Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within 30 days after receipt thereof by Borrower, Borrower shall deliver to Collateral Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Credit Agreement (Jamba, Inc.)

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Maintenance of Loan Account; Statements of Obligations. Collateral Agent on behalf of Administrative Agent and Lender Group shall maintain an account on its books in the name of Borrower (the "Loan Account") on which Borrower will be charged with all Advances (including Collateral Agent Advances and Swing Loans) made by Collateral Agent, Swing Lender, or the Lenders Lender Group to Borrower or for Borrower’s account's account (including all Agent Loans and Agent Advances), including accrued interest, fees, the Letters of Credit issued by Issuing Lender for Borrower’s accountGroup Expenses, and with all any other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expensesof Borrower. In accordance with Section 2.8, the Loan Account will be credited with all payments received by Collateral Agent from Borrower or for Borrower’s 's account, including all amounts received in the Collateral Agent’s 's Account from Agentany Lockbox Bank. Collateral Agent on behalf of Administrative Agent and Lender Group shall render statements regarding the Loan Account to Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within 30 thirty (30) days after receipt thereof by Borrower, Borrower shall deliver to Collateral Agent the Agents written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

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

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

Appears in 1 contract

Samples: Loan and Security Agreement (Phibro Animal Health Corp)

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

Appears in 1 contract

Samples: Credit Agreement (SAVVIS, Inc.)

Maintenance of Loan Account; Statements of Obligations. Collateral Agent shall maintain an account on its books in the name of Borrower Borrowers (the “Loan Account”) on which Borrower Borrowers will be charged with all Advances (including Collateral Agent Protective Advances and Swing LoansPIK Interest) made by Collateral Agent, Swing Lender, Agent or the Lenders to Borrower Borrowers or for Borrower’s Borrowers’ account, the Letters of Credit issued by Issuing Lender for Borrower’s Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.8, the Loan Account will be credited with all payments received by Collateral Agent from Borrower Borrowers or for Borrower’s Borrowers’ account, including all amounts received in the Collateral Agent’s Account from Agentany Cash Management Bank. Collateral Agent shall render statements regarding the Loan Account to Administrative Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within 30 days after receipt thereof by Administrative Borrower, Administrative Borrower shall deliver to Collateral Agent written objection thereto describing the error or errors contained in any such statements. Promptly after receipt of such written objection and Agent’s evaluation thereof, the Agent shall credit the Loan Account for amounts (if any) contained in such statements that Agent agrees were charged in error.

Appears in 1 contract

Samples: Dip Credit Agreement (Foothills Resources Inc)

Maintenance of Loan Account; Statements of Obligations. Collateral Agent shall maintain an account on its books in the name of Borrower Borrowers (the "Loan Account") on which Borrower Borrowers will be charged with all Advances (including Collateral Agent Advances and Swing LoansAdvances) made by Collateral Agent, Swing Lender, Agent or the Lenders to Borrower Borrowers or for Borrower’s Borrowers' account, the Letters of Credit issued by Issuing Lender for Borrower’s Borrowers' account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.8, the Loan Account will be credited with all payments received by Collateral Agent from Borrower Borrowers or for Borrower’s Borrowers' account, including all amounts received in the Collateral Agent’s 's Account from Agentany Cash Management Bank. Collateral Agent shall render statements regarding the Loan Account to Administrative Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within 30 days after receipt thereof by Administrative Borrower, Administrative Borrower shall deliver to Collateral Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Loan and Security Agreement (Harolds Stores Inc)

Maintenance of Loan Account; Statements of Obligations. Collateral Agent shall maintain an account on its books in the name of Borrower Borrowers (the "Loan Account") on which Borrower Borrowers will be charged with the Term Loans, all Advances (including Collateral Agent Advances and Swing LoansOptional Overadvances) made by Collateral Agent, Swing Lender, Agent or the Lenders to Borrower Borrowers or for Borrower’s Borrowers' account, the Letters of Credit issued by Issuing Lender for Borrower’s Borrowers' account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations), including, including accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.8, the Loan Account will be credited with all payments received by Collateral Agent from Borrower Borrowers or for Borrower’s Borrowers' account, including all amounts received in the Collateral Agent’s 's Account from Agentany Cash Management Bank. Collateral Agent shall render statements regarding the Loan Account to Administrative Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within 30 days after receipt thereof by Administrative Borrower, Administrative Borrower shall deliver to Collateral Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Loan and Security Agreement (Midas Inc)

Maintenance of Loan Account; Statements of Obligations. Collateral Agent shall maintain an account on its books in the name of Borrower Borrowers (the “Loan Account”"LOAN ACCOUNT") on which Borrower Borrowers will be charged with all Advances (including Collateral Agent Advances and Swing Loans) made by Collateral Agent, Swing Lender, or the Lenders to Borrower Borrowers or for Borrower’s Borrowers' account, the Letters of Credit issued by Issuing Lender for Borrower’s Borrowers' account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations)Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.8SECTION 2.10, the Loan Account will be credited with all payments received by Collateral Agent from Borrower Borrowers or for Borrower’s Borrowers' account, including all amounts received in the Collateral Agent’s 's Account from Agentany depository account bank or Concentration Account Bank. Collateral Agent shall render statements regarding the Loan Account to Administrative Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within 30 days after receipt thereof by Administrative Borrower, Administrative Borrower shall deliver to Collateral Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Loan and Security Agreement (Ultimate Electronics Inc)

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

Appears in 1 contract

Samples: Loan and Security Agreement (Pioneer Companies Inc)

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

Appears in 1 contract

Samples: Credit Agreement (Baseline Oil & Gas Corp.)

Maintenance of Loan Account; Statements of Obligations. Collateral Agent shall maintain an account on its books in the name of Borrower Borrowers (the “Loan Account”) on which Borrower Borrowers will be charged with all Advances (including Collateral Agent Protective Advances and Swing Loans) made by Collateral Agent, Swing Lender, or the Lenders to Borrower Borrowers or for Borrower’s Borrowers’ account, the Letters of Credit issued or arranged by the Issuing Lender for Borrower’s Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.82.7, the Loan Account will be credited with all payments received by Collateral Agent from Borrower Borrowers or for Borrower’s Borrowers’ account, including all amounts received in the Collateral Agent’s Account from Agent. Collateral Agent shall render monthly statements regarding the Loan Account to Administrative Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within 30 days after receipt thereof by Administrative Borrower, Administrative Borrower shall deliver to Collateral Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Credit Agreement (Angiotech Pharmaceuticals Inc)

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

Appears in 1 contract

Samples: Loan and Security Agreement (Majestic Holdco, LLC)

Maintenance of Loan Account; Statements of Obligations. Collateral Agent shall maintain an account on its books in the name of Borrower Borrowers and (the "Loan Account") on which Borrower Borrowers will be charged with all Advances (including Collateral Agent Advances and Swing Loans) made by Collateral Agent, Swing Lender, or the Lenders to Borrower Borrowers or for Borrower’s Borrowers' account, the Letters of Credit issued by Issuing Lender for Borrower’s Borrowers' account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations)Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.8, the Loan Account will be credited with all payments received by Collateral Agent from Borrower Borrowers or for Borrower’s Borrowers' account, including all amounts received in the Collateral Agent’s 's Account from Agentany Cash Management Bank. Collateral Agent shall render statements regarding the Loan Account to Administrative Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within 30 45 days after receipt thereof by Administrative Borrower, Administrative Borrower shall deliver to Collateral Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Loan and Security Agreement (Climachem Inc)

Maintenance of Loan Account; Statements of Obligations. Collateral Agent shall maintain an account on its books in the name of Borrower (the “Loan Account”) on which Borrower will shall be charged with the Term Loan, all Advances (including Collateral Agent Protective Advances and Swing Loans) made by Collateral Agent, Swing Lender, or the Lenders to Borrower or for Borrower’s account, the Letters of Credit issued or arranged by Issuing Lender for Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations)Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.82.7, the Loan Account will be credited with all payments received by Collateral Agent from Borrower or for Borrower’s account, including all amounts received in the Collateral Agent’s Account from Agent. Collateral Agent shall render monthly statements regarding the Loan Account to Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within 30 days after receipt thereof by Borrower, Borrower shall deliver to Collateral Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Credit Agreement (Magma Design Automation Inc)

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

Appears in 1 contract

Samples: Loan and Security Agreement (Cellstar Corp)

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

Appears in 1 contract

Samples: Loan and Security Agreement (Frontstep Inc)

Maintenance of Loan Account; Statements of Obligations. Collateral Agent shall maintain an account on its books in the name of Borrower Borrowers (the "Loan Account") on which Borrower Borrowers will be charged charged, in accordance with Section 2.6, with all Advances (including Collateral Agent Advances and Swing Loans) made by Collateral Agent, Swing Lender, or the Lenders to Borrower Borrowers or for Borrower’s Borrowers' account, with the Letters of Credit issued by Issuing Lender for Borrower’s Borrowers' account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations)Documents, including, accrued interest, fees and expenses, and Lender Group ExpensesExpenses in each case to the extent paid (in accordance with Section 2.6) by or on behalf of the Borrowers with proceeds of Advances. In accordance with Section 2.8, the Loan Account will be credited with all payments received by Collateral Agent from Borrower Borrowers or for Borrower’s Borrowers' account, including all amounts received in the Collateral Agent’s 's Account from Agentany Controlled Account Bank. Collateral Agent shall render to the Administrative Borrower monthly statements delivered on the first Business Day of each month for the immediately preceding month regarding the Loan Account to BorrowerAccount, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements shall be conclusively presumed (absent manifest or demonstrable error) to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within 30 days after receipt thereof by the Administrative Borrower, the Administrative Borrower shall deliver to Collateral Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Loan Agreement (Geac Computer Corp LTD)

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

Appears in 1 contract

Samples: Credit Agreement (Storm Cat Energy CORP)

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

Appears in 1 contract

Samples: Loan and Security Agreement (World Airways Inc /De/)

Maintenance of Loan Account; Statements of Obligations. Collateral Agent shall maintain an account on its books in the name of Borrower Borrowers (the “Loan Account”"LOAN ACCOUNT") on which Borrower Borrowers will be charged with the Term Loan, all Advances (including Collateral Agent Advances and Swing Loans) made by Collateral Agent, Swing Lender, or the Lenders to Borrower Borrowers or for Borrower’s Borrowers' account, the Letters of Credit issued by Issuing Lender for Borrower’s Borrowers' account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations)Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section SECTION 2.8, the Loan Account will be credited with all payments received by Collateral Agent -43- from Borrower Borrowers or for Borrower’s Borrowers' account, including all amounts received in the Collateral Agent’s 's Account from Agentany Cash Management Bank. Collateral Agent shall render statements regarding the Loan Account to Administrative Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within 30 days after receipt thereof by Administrative Borrower, Administrative Borrower shall deliver to Collateral Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Loan and Security Agreement (Peregrine Systems Inc)

Maintenance of Loan Account; Statements of Obligations. Collateral Agent shall maintain an account on its books in the name of Borrower (the “Loan Account”) on which Borrower will shall be charged with all Advances (including Collateral Agent Advances and Swing Loans) made by Collateral Agent, Swing Lender, or the Lenders to Borrower or for Borrower’s account, the Letters of Credit issued by Issuing Lender for Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations)Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.82.7, the Loan Account will be credited with all payments received by Collateral Agent from Borrower or for Borrower’s account, including all amounts received from any Cash Management Bank in the Collateral Agent’s Account from Agentdeposit account of Agent designated in the relevant Cash Management Agreement. Collateral Agent shall render statements regarding the Loan Account to Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within 30 thirty (30) days after receipt thereof by Borrower, Borrower shall deliver to Collateral Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Loan and Security Agreement (Horizon Technology Finance Corp)

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

Appears in 1 contract

Samples: Loan, Guaranty and Security Agreement (Gordmans Stores, Inc.)

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

Appears in 1 contract

Samples: Loan and Security Agreement (E Spire Communications Inc)

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

Appears in 1 contract

Samples: Loan and Security Agreement (Majestic Star Casino LLC)

Maintenance of Loan Account; Statements of Obligations. Collateral Agent shall maintain an account on its books in the name of Borrower (the “Loan Account”) on which Borrower will be charged with all Advances (including Collateral Agent Protective Advances and Swing Loans) made by Collateral Agent, Swing Lender, or the Lenders to Borrower or for Borrower’s account, the Letters of Credit issued by Issuing Lender for Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.82.7, the Loan Account will be credited with all payments received by Collateral Agent from Borrower or for Borrower’s account, including all amounts received in the Collateral Agent’s Account from Agentany Cash Management Bank. Collateral Agent shall render statements regarding the Loan Account to Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within 30 days after receipt thereof by Borrower, Borrower shall deliver to Collateral Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Credit Agreement (Dialogic Inc.)

Maintenance of Loan Account; Statements of Obligations. Collateral Agent shall maintain an account on its books in the name of Borrower Borrowers (the “Loan Account”) on which Borrower Borrowers will be charged with all Advances (including Collateral Agent Protective Advances and Swing Loans) made by Collateral Agent, Swing Lender, or the Lenders to Borrower Borrowers or for any Borrower’s account, with the Letters of Credit issued or arranged by Issuing Lender for any Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations)Documents, including, including accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.82.7, the Loan Account will be credited with all payments received by Collateral Agent from Borrower Borrowers or for any Borrower’s account, including all amounts received in the Collateral Agent’s Account from Agent. Collateral Agent shall render monthly statements regarding the Loan Account to BorrowerBorrowers, including principal, interest, and fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within 30 days after receipt thereof by BorrowerBorrowers, Borrower Borrowers shall deliver to Collateral Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Credit Agreement (Supreme Industries Inc)

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

Appears in 1 contract

Samples: Loan and Security Agreement (Aegis Communications Group Inc)

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

Appears in 1 contract

Samples: Credit Agreement (Orion Healthcorp Inc)

Maintenance of Loan Account; Statements of Obligations. Collateral Agent shall maintain an account on its books in the name of Borrower Borrowers (the “Loan Account”) on which Borrower Borrowers will be charged with all Advances (including Collateral Agent Protective Advances and Swing Loans) made by Collateral Agent, Swing Lender, or the Lenders to Borrower Borrowers or for Borrower’s Borrowers’ account, the Letters of Credit issued by Issuing Lender for Borrower’s Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.8, the Loan Account will be credited with all payments received by Collateral Agent from Borrower Borrowers or for Borrower’s Borrowers’ account, including all amounts received in the Collateral Agent’s Account from Agentany Cash Management Bank. Collateral Agent shall render statements regarding the Loan Account to Administrative Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within 30 60 days after receipt thereof by Administrative Borrower, Administrative Borrower shall deliver to Collateral Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Credit Agreement (Bell Industries Inc /New/)

Maintenance of Loan Account; Statements of Obligations. Collateral Agent Lender shall maintain an account on its books in the name of Borrower (the “Loan Account”) on which Borrower will be charged with all Advances (including Collateral Agent Advances and Swing Loans) Loans made by Collateral Agent, Swing Lender, or the Lenders Lender to Borrower or for Borrower’s account, the Letters of Credit issued by Issuing Lender for Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations), including, including all accrued interest, fees and expensesexpenses (in each case, as and when payable hereunder or under the other Loan Documents). Lender Group Expenses. In accordance with Section 2.8, the Loan Account will be credited with all payments received by Collateral Agent from Borrower or for Borrower’s account, including all amounts received in the Collateral Agent’s Account from Agent. Collateral Agent shall render statements regarding the Loan Account to Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements shall be conclusively presumed to be correct and accurate (absent manifest error) and constitute an account stated between Borrower and the Lender Group unless, within 30 days after receipt thereof by Borrower, Borrower shall deliver to Collateral Agent Lender written objection thereto describing the error or errors contained in any such statements. .8 The preamble to Article IV of the Credit Agreement is hereby amended by amending and restating such section in its entirety as follows: .9 The preamble to Article V of the Credit Agreement is hereby amended by amending and restating such section in its entirety as follows: .10 The preamble to Article VI of the Credit Agreement is hereby amended by amending and restating such section in its entirety as follows:

Appears in 1 contract

Samples: Credit Agreement (JMP Group Inc.)

Maintenance of Loan Account; Statements of Obligations. Collateral Agent shall maintain an account on its books in the name of Borrower (the “Loan Account”) on which Borrower will be charged with the Term Loan, all Advances (including Collateral Agent Protective Advances and Swing Loans) made by Collateral Agent, Swing Lender, or the Lenders to Borrower or for Borrower’s account, the Letters of Credit issued or arranged by Issuing Lender for Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations)Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.82.7, the Loan Account will be credited with all payments received by Collateral Agent from Borrower or for Borrower’s account, including all amounts received in the Collateral Agent’s Account from Agent. Collateral Agent shall render monthly statements regarding the Loan Account to Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within 30 days after receipt thereof by Borrower, Borrower shall deliver to Collateral Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Credit Agreement (Internap Network Services Corp)

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

Appears in 1 contract

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

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

Appears in 1 contract

Samples: Debtor in Possession Credit Agreement (Enesco Group Inc)

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

Appears in 1 contract

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

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

Appears in 1 contract

Samples: Loan and Security Agreement (Interdent Inc)

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

Appears in 1 contract

Samples: Loan and Security Agreement (Leapfrog Enterprises Inc)

Maintenance of Loan Account; Statements of Obligations. Collateral Agent shall maintain an account on its books in the name of Borrower Borrowers (the "Loan Account") on which Borrower Borrowers will be charged with all Advances (including Collateral Agent Advances and Swing Loans) made by Collateral Agent, Swing Lender, or the Lenders to Borrower Borrowers or for Borrower’s Borrowers' account, the Letters of Credit issued by Issuing Lender for Borrower’s Borrowers' account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations)Documents, including, including accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.82.9, the Loan Account will be credited with all payments received by Collateral Agent from Borrower Borrowers or for Borrower’s Borrowers' account, including all amounts received in the Collateral Agent’s 's Account from Agentany depository account bank or Concentration Account Bank. Collateral Agent shall render statements regarding the Loan Account to Administrative Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within 30 days after receipt thereof by Administrative Borrower, Administrative Borrower shall deliver to Collateral Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Loan and Security Agreement (Ultimate Electronics Inc)

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

Appears in 1 contract

Samples: Loan and Security Agreement (GNLV Corp)

Maintenance of Loan Account; Statements of Obligations. Collateral Agent Lender shall maintain an account on its books in the name of Borrower (the "Loan Account") on which Borrower will be charged with all ------------ Advances (including Collateral Agent Advances and Swing Loans) made by Collateral Agent, Swing Lender, or the Lenders Lender to Borrower or for Borrower’s 's account, the Letters of Credit issued by Issuing Lender for Borrower’s 's account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations)Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section ------- 2.8, the Loan Account will be credited with all payments received by Collateral Agent Lender from --- Borrower or for Borrower’s 's account, including all amounts received in the Collateral Agent’s Lender's Account from Agentany US Cash Management Bank. Collateral Agent Lender shall render statements regarding the Loan Account to Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within 30 60 days after receipt thereof by Borrower, Borrower shall deliver to Collateral Agent Lender written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Loan and Security Agreement (Microstrategy Inc)

Maintenance of Loan Account; Statements of Obligations. Collateral Agent shall maintain an account on its books in the name of Borrower (the “Loan Account”) on which Borrower will be charged with all Advances (including Collateral Agent Advances and Swing LoansProtective Advances) made by Collateral Agent, Swing Lender, Agent or the Lenders to Borrower or for Borrower’s account, the Letters of Credit issued by the Issuing Lender for Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.8, the Loan Account will be credited with all payments received by Collateral Agent from Borrower or for Borrower’s account, including all amounts received in the Collateral Agent’s Account from Agentany Cash Management Bank. Collateral Agent shall render monthly statements regarding the Loan Account to Borrower, including principal, interest, fees, and including an itemization in reasonable detail of all charges and expenses constituting Lender Group Expenses owing, and such statements statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within 30 days after receipt thereof by Borrower, Borrower shall deliver to Collateral Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Dip Credit Agreement (Storm Cat Energy CORP)

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