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

Maintenance of Loan Account; Statements of Obligations. The 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 made by the Lender to Borrower or for Borrower’s account, and with all other payment Obligations hereunder or hereunder, including, accrued interest, fees and expenses, and Lender Expenses. In accordance with Section 2.8, the Loan Account will be credited with all payments received by the Lender from Borrower or for Borrower’s account. The 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 Expenses owing, and such statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender unless, within 30 days after receipt thereof by Borrower, Borrower shall deliver to the Lender written objection thereto describing the error or errors contained in any such statements.

Appears in 2 contracts

Samples: Unsecured Loan Agreement (Midway Games Inc), Subordinated Loan Agreement (Midway Games Inc)

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Maintenance of Loan Account; Statements of Obligations. The 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 and Standby Letters of Credit made or issued by the Lender to Borrower or for Borrower’s account, and with all other payment Obligations (except for Bank Product Obligations) hereunder or hereunderunder the other Loan Documents, including, accrued interest, fees and expenses, and Lender Expenses. In accordance with Section 2.82.11, the Loan Account will be credited with all payments received by the Lender from Borrower or for Borrower’s account. The Lender 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 Expenses owing, and such statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender unless, within 30 days after receipt thereof by Borrower, Borrower shall deliver to the Lender written objection thereto describing the error or errors contained in any such statements.

Appears in 2 contracts

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

Maintenance of Loan Account; Statements of Obligations. The 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 made by the Lender to Borrower or for Borrower’s 's account, the Letters of Credit issued by Lender for Borrower's account, and with all other payment Obligations hereunder or hereunderunder the other Loan Documents, including, accrued interest, fees and expenses, and Lender Expenses. In accordance with Section 2.8, the Loan Account will be credited with all payments received by the Lender from Borrower or for Borrower’s 's account. The 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 Expenses owing, and such statements, absent manifest error, statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender unless, within 30 days after receipt thereof by Borrower, Borrower shall deliver to the Lender written objection thereto describing the error or errors contained in any such statements.

Appears in 2 contracts

Samples: Loan and Security Agreement (Peninsula Gaming Corp), Loan and Security Agreement (Peninsula Gaming Co LLC)

Maintenance of Loan Account; Statements of Obligations. The 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 Loans made by the Lender to Borrower or for Borrower’s account, the Letters of Credit issued by Lender for Borrower’s account, and with all other payment Obligations hereunder or hereunder(except for Bank Product Obligations), including, including all accrued interest, fees and expensesexpenses (in each case, as and Lender Expenseswhen payable hereunder or under the other Loan Documents). In accordance with Section 2.8, the Loan Account will be credited with all payments received by the Lender from Borrower or for Borrower’s account. The 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 Expenses owing, and such statements, absent manifest error, statements shall be conclusively presumed to be correct and accurate (absent manifest error) and constitute an account stated between Borrower and the Lender unless, within 30 days after receipt thereof by Borrower, Borrower shall deliver to the Lender written objection thereto describing the error or errors contained in any such statements.

Appears in 2 contracts

Samples: Credit Agreement (JMP Group Inc.), Credit Agreement (JMP Group Inc.)

Maintenance of Loan Account; Statements of Obligations. The 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 made by the Lender to Borrower Borrowers or for Borrower’s Borrowers’ account, the Letters of Credit issued by Lender for Borrowers’ account, and with all other payment Obligations hereunder or hereunderunder the other Loan Documents, including, accrued interest, fees and expenses, and Lender Expenses. In accordance with Section 2.8, the Loan Account will be credited with all payments received by the Lender from Borrower Borrowers or for Borrower’s Borrowers’ account. The Lender shall render statements regarding the Loan Account to Administrative Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Expenses owing, and such statements, absent manifest error, statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender unless, within 30 days after receipt thereof by Administrative Borrower, Administrative Borrower shall deliver to the Lender written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Loan and Security Agreement (Old Evangeline Downs Capital Corp)

Maintenance of Loan Account; Statements of Obligations. The 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 made by the Lender to Borrower or for Borrower’s 's account, and with all other payment Obligations hereunder or hereunderunder the other Loan Documents, including, accrued interest, fees and expenses, and Lender Expenses. In accordance with Section 2.8, the Loan Account will be credited with all payments received by the Lender from Borrower or for Borrower’s 's account, including all amounts received in the Lender's Account from any Cash Management Bank after a Trigger Notice. The Prior to a Trigger Notice, Lender shall bill Xxxrower for interest, fees, expenses and Lender Expenses, and Borrower shall pay each billed amount within 5 Business Days after receipt of the bill. Xxnder shall render statements regarding the Loan Account to Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Expenses owing, and such statements, absent manifest error, statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender unless, within 30 60 days after receipt thereof by Borrower, Borrower shall deliver to the Lender written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Loan and Security Agreement (Interact Commerce Corp)

Maintenance of Loan Account; Statements of Obligations. The 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 made by the Lender to Borrower or for Borrower’s account, 's account and with all other payment Obligations hereunder or hereunderunder the other Loan Documents (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Expenses. In accordance with Section 2.8, the Loan Account will be credited with all payments received by the Lender from Borrower or for Borrower’s 's account, including all amounts received in the Lender's Account from any Cash Management Bank. The 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 Expenses owing, and such statements, absent manifest error, statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender unless, within 30 days after receipt thereof by Borrower, Borrower shall deliver to the Lender written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Loan and Security Agreement (I Link Inc)

Maintenance of Loan Account; Statements of Obligations. The 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 made by the Lender to Borrower or for Borrower’s account, Term Loans and with all other payment Obligations hereunder or hereunderunder the other Loan Documents, including, accrued interest, fees and expenses, and Lender Expenses. In accordance with Section 2.8, the Loan Account will be credited with all payments received by the Lender from Borrower or for Borrower’s 's account, including all amounts received in the Lender's Account from any Account Control Bank. The 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 Expenses owing, and such statements, absent manifest error, statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender unless, within 30 days after receipt thereof by Borrower, Borrower shall deliver to the Lender written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Loan and Security Agreement (Vitalworks Inc)

Maintenance of Loan Account; Statements of Obligations. The 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 made by the Lender to Borrower or for Borrower’s account, account and with all other payment Obligations hereunder or hereunderunder the other Loan Documents, including, accrued interest, fees and expenses, and Lender Expenses. In accordance with Section 2.8, the Loan Account will be credited with all payments received by the Lender from Borrower or for Borrower’s account, including all amounts received in the Lender’s Account from any Cash Management Bank. The 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 Expenses owing, and such statements, absent manifest error, statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender unless, within 30 days after receipt thereof by Borrower, Borrower shall deliver to the Lender written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Loan and Security Agreement (Acceris Communications Inc)

Maintenance of Loan Account; Statements of Obligations. The 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 made by the Lender to Borrower or for Borrower’s account, the Letters of Credit issued by Lender for Borrower’s account, and with all other payment Obligations hereunder or hereunderunder the other Loan Documents, including, accrued interest, fees and expenses, and Lender Expenses. In accordance with Section 2.82.6, the Loan Account will be credited with all payments received by the Lender from Borrower or for Borrower’s account. The 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 Expenses owing, and such statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender unless, within 30 60 days after receipt thereof by Borrower, Borrower shall deliver to the Lender written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Loan and Security Agreement (Scheib Earl Inc)

Maintenance of Loan Account; Statements of Obligations. The 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 and the Term Loans made by the Lender to Borrower Borrowers or for Borrower’s Borrowers' account, and with all other payment Obligations hereunder or hereunder, including, accrued interest, fees and expensesLender Expenses, and Lender Expensesany other payment Obligations of Borrowers. In accordance with Section 2.8, the Loan Account will be credited with all payments received by Lender from Borrowers or for Borrowers' account, including all amounts received in the Lender Account from Borrower or for Borrower’s accountthe Concentration Account Bank. The Lender shall render statements regarding the Loan Account to BorrowerBorrowers, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Expenses owing, and such statements, absent manifest error, statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender unless, within 30 forty-five (45) days after receipt thereof by BorrowerBorrowers, Borrower Borrowers shall deliver to the Lender written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Schedules and Exhibits (Vista Eyecare Inc)

Maintenance of Loan Account; Statements of Obligations. The 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 and the Term Loans made by the Lender to Borrower or for Borrower’s 's account, and with all other payment Obligations hereunder or hereunder, including, accrued interest, fees and expensesLender Expenses, and Lender Expensesany other payment Obligations of Borrower. In accordance with Section 2.8, the Loan Account will be credited with all payments received by the Lender from Borrower or for Borrower’s 's account, including all amounts received in the Lender Account from the Concentration Account Bank. The 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 Expenses owing, and such statements, absent manifest error, statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender unless, within 30 forty-five (45) days after receipt thereof by Borrower, Borrower shall deliver to the Lender written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Credit Agreement (Vista Eyecare Inc)

Maintenance of Loan Account; Statements of Obligations. The 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 the Term Loan made by the Lender to Borrower or for Borrower’s 's account, and with all other payment Obligations hereunder or hereunder, including, accrued interest, fees and expensesLender Expenses, and Lender Expensesany other payment Obligations of Borrower. In accordance with Section 2.8, the The Loan Account will be credited with all payments received by the Lender from Borrower or for Borrower’s 's account, including all amounts received in the Lender Account from the Concentration Account Bank. The 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 Expenses owing, and such statements, absent manifest error, statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender unless, within 30 days after receipt thereof by Borrower, Borrower shall deliver to the Lender written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Loan and Security Agreement (Graphix Zone Inc /De/)

Maintenance of Loan Account; Statements of Obligations. The Lender shall maintain an account on its books in the name of Borrower (the “Loan Account”) on which Borrower will be charged with the Phase 1 Loan and the Phase 2 Loan, respectively, all Advances made by the Lender to Borrower or for Borrower’s account, account and with all other payment Obligations hereunder or hereunderunder the other Loan Documents, including, without limitation, any and all accrued interest, fees and expenses, and Lender Expenses. In accordance with Section 2.8, the The Loan Account will be credited with all payments received by the Lender from Borrower or for Borrower’s account. The Lender shall render render, upon request, statements regarding the Loan Account to Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Expenses owing, and such statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender unless, within 30 days after receipt thereof by Borrower, Borrower shall deliver to the Lender written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Loan and Security Agreement (Blow & Drive Interlock Corp)

Maintenance of Loan Account; Statements of Obligations. The Lender shall maintain an account on its books in the name of Borrower (the "Loan Account") on which Borrower will be charged with Term Loan A, all Acquisition Line Advances made by the Lender to Borrower or for Borrower’s account, and with all other payment Obligations hereunder or hereunderunder the other Loan Documents, including, accrued interest, fees and expenses, and Lender Expenses. In accordance with Section 2.8, the Loan Account will be credited with all payments received by the Lender from Borrower or for Borrower’s 's account, including all amounts received in the Lender's Account from any Account Control Bank. The 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 Expenses owing, and such statements, absent manifest error, statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender unless, within 30 days after receipt thereof by Borrower, Borrower shall deliver to the Lender written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Loan and Security Agreement (Vitalworks Inc)

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Maintenance of Loan Account; Statements of Obligations. The 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 made by the Lender to Borrower Borrowers or for Borrower’s Borrowers’ account, and with all other payment Obligations hereunder or hereunderunder the other Loan Documents, including, accrued interest, fees and expenses, and Lender Expenses. In accordance with Section 2.8, the Loan Account will be credited with all payments received by the Lender from Borrower Borrowers or for Borrower’s Borrowers’ account. The Lender shall render statements regarding the Loan Account to Administrative Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Expenses owing, and such statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender unless, within 30 days after receipt thereof by Administrative Borrower, Administrative Borrower shall deliver to the Lender written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Loan and Security Agreement (Midway Games Inc)

Maintenance of Loan Account; Statements of Obligations. The 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 and the Term Loan made by the Lender to Borrower or for Borrower’s 's account, and with all other payment Obligations hereunder or hereunder, including, accrued interest, fees and expensesLender Expenses, and Lender Expensesany other payment Obligations of Borrower. In accordance with Section 2.82.7, the Loan Account will be credited with all payments received by the Lender from Borrower or for Borrower’s 's account, including all amounts received in the Lender Account from the Concentration Account Bank. The 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 Expenses owing, and such statements, absent manifest error, statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender unless, within 30 days after receipt thereof by Borrower, Borrower shall deliver to the Lender written objection thereto describing the error or errors contained in any such statementsstatement.

Appears in 1 contract

Samples: Loan and Security Agreement (Graff Pay Per View Inc /De/)

Maintenance of Loan Account; Statements of Obligations. The 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 made by the Lender to Borrower or for Borrower’s 's account, and with all other payment Obligations hereunder or hereunderunder the other Loan Documents, including, accrued interest, fees and expenses, and Lender Expenses. In accordance with Section 2.8, the Loan Account will be credited with all payments received by the Lender from Borrower or for Borrower’s 's account. The 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 Expenses owing, and such statements, absent manifest error, statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender unless, within 30 45 days after receipt thereof by Borrower, Borrower shall deliver to the Lender written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Loan and Security Agreement (New World Restaurant Group Inc)

Maintenance of Loan Account; Statements of Obligations. The 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 made by the Lender to Borrower or for Borrower’s 's account, the L/C's issued by Lender for Borrower's account, and with all other payment Obligations hereunder or hereunderunder the other Loan Documents, including, accrued interest, fees and expenses, and Lender Expenses. In accordance with Section 2.8, the Loan Account will be credited with all payments received by the Lender from Borrower or for Borrower’s 's account, including all amounts received in Lender's Account from any Cash Management Bank. The 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 Expenses owing, and such statements, absent manifest error, statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender unless, within 30 days after receipt thereof by Borrower, Borrower shall deliver to the Lender written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Loan and Security Agreement (Mikohn Gaming Corp)

Maintenance of Loan Account; Statements of Obligations. The 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 made by the Lender to Borrower or for Borrower’s account, and with all other payment Obligations hereunder or hereunderunder the other Loan Documents, including, accrued interest, fees and expenses, and Lender Expenses. In accordance with Section 2.8, the Loan Account will be credited with all payments received by the Lender from Borrower or for Borrower’s 's account. The Upon request by Borrower, 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 Expenses owing, and such statements, absent manifest error, statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender unless, within 30 days after receipt thereof by Borrower, Borrower shall deliver to the Lender written objection thereto describing the error or errors contained in any such statements. 2.11 [INTENTIONALLY OMITTED].

Appears in 1 contract

Samples: Loan and Security Agreement (I2 Technologies Inc)

Maintenance of Loan Account; Statements of Obligations. The 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 made by the Lender to Borrower Borrowers or for Borrower’s Borrowers' account, the Letters of Credit issued by Lender for Borrowers' account, and with all other payment Obligations hereunder or hereunderunder the other Loan Documents, including, accrued interest, fees and expenses, and Lender Expenses. In accordance with Section 2.8, the Loan Account will be credited with all payments received by the Lender from Borrower Borrowers or for Borrower’s Borrowers' account. The Lender shall render statements regarding the Loan Account to Administrative Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Expenses owing, and such statements, absent manifest error, statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender unless, within 30 days after receipt thereof by Administrative Borrower, Administrative Borrower shall deliver to the Lender written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Loan and Security Agreement (Peninsula Gaming Corp)

Maintenance of Loan Account; Statements of Obligations. The Lender Bank shall maintain an account on its books in the name of Borrower (the "Loan Account") on which Borrower will be charged with all Advances made by the Lender Bank to Borrower or for Borrower’s 's account, amounts Borrower is obligated to pay to Bank upon a draw under a Letter of Credit, Term Loan A and with all other payment Obligations hereunder or hereunder, including, accrued interest, fees and expenses, and Lender Expenses. Term Loan B. In accordance with Section 2.8Sections 2.2(a), 2.2(b), 2.3(c) and 2.5, the Loan Account will be credited with all payments received by the Lender Bank from Borrower or for Borrower’s 's account. The Lender Bank shall render statements regarding the Loan Account to Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Bank Expenses owing, and such statements, absent manifest error, statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Bank unless, within 30 days after receipt thereof by Borrower, Borrower shall deliver to the Lender Bank written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Loan and Security Agreement (California Amplifier Inc)

Maintenance of Loan Account; Statements of Obligations. The Lender 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 and all Protective Advances made by the Lender to Borrower or for Borrower’s account, Agent and with all other payment Obligations of Borrower hereunder or hereunderunder the other Loan 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 the Lender Agent from Borrower or for Borrower’s account. The Lender Agent shall render statements regarding the Loan Account to Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within 30 days after receipt thereof by Borrower, Borrower shall deliver to the Lender Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Senior Term Loan Credit Agreement (Bumble Bee Capital Corp.)

Maintenance of Loan Account; Statements of Obligations. The 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 made by the Lender to Borrower or for Borrower’s account, and with all other payment Obligations hereunder or hereunderunder the other Loan Documents, including, accrued interest, fees and expenses, and Lender Expenses. In accordance with Section 2.8, the Loan Account will be credited with all payments received by the Lender from Borrower or for Borrower’s account, including all amounts received in the Lender’s Account from any Cash Management Bank. The 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 Expenses owing, and such statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender unless, within 30 days after receipt thereof by Borrower, Borrower shall deliver to the Lender written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

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

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