Maintenance of Loan Account; Statements of Obligations. Agent shall maintain (a) an account on its books in the name of US Borrowers (the “US Loan Account”) on which US Borrowers will be charged with all US Revolving Loans (including Extraordinary Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to US Borrowers or for US Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for US Borrowers’ account, and with all other payment US Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses with respect thereto, and (b) an account on its books in the name of UK Borrowers (the “UK Loan Account”) on which UK Borrowers will be charged with and all UK Revolving Loans made by Agent or the Lenders to UK Borrowers or for UK Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for UK Borrowers’ account, and with all other payment UK Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses with respect thereto. In accordance with Section 2.7, the applicable Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account. Agent shall make available to US Administrative Borrower or UK Administrative Borrower, as applicable, monthly statements regarding the applicable Loan Account, including the principal amount of the applicable Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between the applicable Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to US Administrative Borrower or UK Administrative Borrower, as the case may be Borrowers, shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 5 contracts
Samples: Credit Agreement (Concrete Pumping Holdings, Inc.), Credit Agreement (Concrete Pumping Holdings, Inc.), Credit Agreement (Concrete Pumping Holdings, Inc.)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain (a) an account on its books in the name of US Borrowers (the “US Loan Account”) on which US Borrowers will be charged with all US Revolving Loans (including Extraordinary Advances Protective Advances, Overadvances and Swing Loans) made by Agent, Swing Lender, or the Lenders to US Borrowers or for US Borrowers’ account, the US Letters of Credit issued or arranged by Issuing Bank Lender for US Borrowers’ account, and with all other payment US Obligations hereunder or under the other Loan DocumentsDocuments due and owing by US Loan Parties, including, accrued interest, fees and expenses, and Lender Group Expenses with respect thereto, and (b) Expenses. Agent shall maintain an account on its books in the name of UK Canadian Borrowers (the “UK Canadian Loan Account”) on which UK Canadian Borrowers will be charged with and all UK Canadian Revolving Loans (including Protective Advances and Overadvances) made by Agent or the Lenders to UK Canadian Borrowers or for UK Canadian Borrowers’ account, the Canadian Letters of Credit issued or arranged by Issuing Bank Lender for UK Canadian Borrowers’ account, and with all other payment UK Obligations hereunder or under the other Loan DocumentsDocuments due and owing by Canadian Loan Parties, including, accrued interest, fees and expenses, and Lender Group Expenses with respect theretoExpenses. In accordance with Section 2.72.5, the applicable US Loan Account will be credited with all payments received by Agent from US Borrowers or for Borrowers’ any US Borrower’s account, and the Canadian Loan Account shall be credited with all payments received by Agent from Canadian Borrowers or for any Canadian Borrower’s account. Agent shall make available to US Administrative Borrower or UK Administrative Borrower, as applicable, render monthly statements regarding the applicable Loan AccountAccount to Borrowers, including the principal amount of the applicable Revolving Loansprincipal, interest accrued hereunderinterest, fees accrued or charged hereunder or under the other Loan Documentsfees, Overadvances and a summary Protective Advances and including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statementstatements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between the applicable Borrowers and the Lender Group unless, within 30 thirty (30) days after Agent first makes such a statement available to US Administrative Borrower or UK Administrative Borrower, as the case may be receipt thereof by Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in any such statementstatements.
Appears in 2 contracts
Samples: Credit Agreement (Polyone Corp), Credit Agreement (Polyone Corp)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain (a) an account on its books in the name of US Borrowers (the “US Loan Account”) on which US Borrowers will be charged with all US Revolving Loans Advances (including Extraordinary Advances Protective Advances, Overadvances and Swing Loans) made by Agent, Swing Lender, or the Lenders to US Borrowers or for US Borrowers’ account, the US Letters of Credit issued or arranged by Issuing Bank Lender for US Borrowers’ account, and with all other payment US Obligations hereunder or under the other Loan DocumentsDocuments owing by US Loan Parties, including, accrued interest, fees and expenses, and Lender Group Expenses with respect thereto, and (b) Expenses. Agent shall maintain an account on its books in the name of UK Canadian Borrowers (the “UK Canadian Loan Account”) on which UK Canadian Borrowers will be charged with all Canadian Advances (including Protective Advances and all UK Revolving Loans Overadvances) made by Agent or the Lenders to UK Canadian Borrowers or for UK Canadian Borrowers’ account, the Canadian Letters of Credit issued or arranged by Issuing Bank Lender for UK Canadian Borrowers’ account, and with all other payment UK Obligations hereunder or under the other Loan DocumentsDocuments owing by Canadian Loan Parties, including, accrued interest, fees and expenses, and Lender Group Expenses with respect theretoExpenses. In accordance with Section 2.7, the applicable US Loan Account will be credited with all payments received by Agent from US Borrowers or for Borrowers’ any US Borrower’s account, and the Canadian Loan Account shall be credited with all payments received by Agent from Canadian Borrowers or for any Canadian Borrower’s account. Agent shall make available to US Administrative Borrower or UK Administrative Borrower, as applicable, render monthly statements regarding the applicable Loan AccountAccount to Borrowers, including the principal amount of the applicable Revolving Loansprincipal, interest accrued hereunderinterest, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statementstatements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between the applicable Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to US Administrative Borrower or UK Administrative Borrower, as the case may be receipt thereof by Borrowers, Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in any such statementstatements.
Appears in 2 contracts
Samples: Credit Agreement (Colt Defense LLC), Credit Agreement (Colt Finance Corp.)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain (a) an account on its books in the name of US Borrowers Borrower (the “US Loan Account”) on which US Borrowers will Borrower shall be charged with the amount of all US Revolving Loans Advances (including Extraordinary Protective Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to US Borrowers Borrower or for US Borrowers’ accountBorrower’s account and, subject to the Letters of Credit issued or arranged by Issuing Bank for US Borrowers’ accountdelays set forth in clauses (a) and (b) below (if applicable), and with all other payment US Obligations hereunder or under the other Loan Documents. If (a) Borrower does not pay any interest or scheduled fees (including the fee provided for in Section 2.10(b)) due and payable hereunder or under any other Loan Document within 3 Business Days of the date of Borrower’s receipt of written notice thereof (which notice shall be sent by Agent no earlier than the date on which any such amount first becomes due and payable and shall be sent to the email addresses for the individuals set forth on Schedule 2.6(d) hereto), including, accrued interest, fees and expenses, and Lender Group Expenses with respect theretoAgent shall be entitled to charge such amounts to the Loan Account, and (b) an account on its books in the name of UK Borrowers (the “UK Loan Account”) on which UK Borrowers will be charged with Borrower does not pay any unscheduled fees, costs, expenses, Lender Group Expenses, or other amounts due and all UK Revolving Loans made by Agent or the Lenders to UK Borrowers or for UK Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for UK Borrowers’ account, and with all other payment UK Obligations payable hereunder or under the any other Loan DocumentsDocument within 30 days of the date of Borrower’s receipt of written notice thereof (which notice shall be sent by Agent no earlier than the date on which any such amount first becomes due and payable and shall be sent to the email addresses for the individuals set forth on Schedule 2.6(d) hereto), includingAgent shall be entitled to charge such amounts to the Loan Account; provided, accrued interesthowever, fees that if such amounts are not paid and, instead, are charged to the Loan Account they shall be charged thereto as of the day on which the item was first due and expensespayable without regard to the applicable delay and such amounts shall accrue interest from such original date; provided further, however, that the applicable delays set forth in the foregoing clauses (a) and Lender Group Expenses with respect thereto(b) shall not be applicable (and Agent shall be entitled to immediately charge to the Loan Account) at any time that an Event of Default has occurred and is continuing and, if such an Event of Default has occurred and is continuing, Agent shall be entitled to charge such amounts to the Loan Account on the date when due and payable hereunder or under any other Loan Document. In accordance with Section 2.7, the applicable Loan Account will be credited with all payments received by Agent from Borrowers Borrower or for Borrowers’ Borrower’s account. Agent shall make available to US Administrative Borrower or UK Administrative Borrower, as applicable, monthly render statements regarding the applicable Loan AccountAccount to Borrower, including the principal amount of the applicable Revolving Loansprincipal, interest accrued hereunderinterest, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing (and, if requested by Borrower with respect to, and each after receipt of, a particular statement, reasonable supporting detail), and such statementstatements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between the applicable Borrowers Borrower and the Lender Group unless, within 30 60 days after Agent first makes such a statement available to US Administrative Borrower or UK Administrative receipt thereof by Borrower, as the case may be Borrowers, Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statementstatements or the lack of any requested supporting detail.
Appears in 2 contracts
Samples: Credit Agreement (Alaska Air Group Inc), Credit Agreement (Alaska Air Group Inc)
Maintenance of Loan Account; Statements of Obligations. US Agent shall maintain (a) an account on its books in the name of US Borrowers Borrower (the “US Loan Account”) on which US Borrowers Borrower will be charged with charged, all US Revolving Loans Advances (including Extraordinary US Protective Advances and US Swing Loans) made by US Agent, US Swing Lender, or the Lenders to US Borrowers Borrower or for US Borrowers’ Borrower’s account, the US Letters of Credit issued or arranged made by US Issuing Bank Lender for US Borrowers’ Borrower’s account, and with all other payment US Obligations hereunder or under the other Loan DocumentsDocuments (except for US Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses with respect thereto, and (b) an account on its books in the name of UK Borrowers (the “UK Loan Account”) on which UK Borrowers will be charged with and all UK Revolving Loans made by Agent or the Lenders to UK Borrowers or for UK Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for UK Borrowers’ account, and with all other payment UK Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses with respect theretoUS Borrower. In accordance with Section 2.7, the applicable US Loan Account will be credited with all payments received by US Agent from Borrowers US Borrower or for Borrowers’ US Borrower’s account. US Agent shall make available to US Administrative Borrower or UK Administrative Borrower, as applicable, render monthly statements regarding the applicable US Loan AccountAccount to US Borrower, including the principal amount of the applicable Revolving Loansprincipal, interest accrued hereunderinterest, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statementstatements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between US Borrower and the applicable Lender Group unless, within 30 days after receipt thereof by US Borrower, US Borrower shall deliver to US Agent written objection thereto describing the error or errors contained in any such statements. Canadian Agent shall maintain an account on its books in the name of Canadian Borrowers (the “Canadian Loan Account”) on which Canadian Borrowers will be charged, all Canadian Advances (including Canadian Protective Advances and Canadian Swing Loans) made by Canadian Agent, Canadian Swing Lender, or the Lenders to Canadian Borrowers or for Canadian Borrowers’ account, the Canadian Letters of Credit issued or made by Canadian Issuing Lender for Canadian Borrowers’ account, and with all other Canadian Obligations hereunder or under the other Loan Documents (except for Canadian Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses of Canadian Borrowers. In accordance with Section 2.7, the Canadian Loan Account will be credited with all payments received by Canadian Agent from Canadian Borrowers or for Canadian Borrowers’ account. Canadian Agent shall render monthly statements regarding the Canadian Loan Account to Canadian Borrowers, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Canadian Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to US Administrative Borrower or UK Administrative Borrower, as the case may be receipt thereof by Canadian Borrowers, Canadian Borrowers shall deliver to Canadian Agent written objection thereto describing the error or errors contained in any such statementstatements.
Appears in 2 contracts
Samples: Credit Agreement (Arc Document Solutions, Inc.), Credit Agreement (American Reprographics CO)
Maintenance of Loan Account; Statements of Obligations. During any Third Party Agent Retention Period, the Third Party Agent, as a non-fiduciary agent for Borrowers, shall maintain (a) an account on its books in the name of US Borrowers Borrower Representative (the “US Loan Account”) on which US Borrowers will be charged with all US Revolving the Loans (including Extraordinary Advances and Swing LoansAdvances) made by Agent (including by such Third Party Agent, Swing Lender, as applicable) or the Lenders to US Borrowers or for US Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for US Borrowers’ account, and with all other payment US Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses Expenses. During any Non-Third Party Agent Retention Period, the Borrower Representative shall maintain such Loan Account and shall make such Loan Account available to Agent and the Lenders upon request therefrom. Upon the request of any Third Party Agent upon the commencement of any Third Party Agent Retention Period, the Borrower Representative shall share such Loan Account and any of its applicable books and records with the Third Party Agent, and with respect theretoto any discrepancies between the books, records or Loan Account of the Borrower Representative, on the one hand, and (b) an account on its books in the name books, records or Loan Account of UK Borrowers (any Lender, the “UK Loan Account”) on which UK Borrowers will be charged with and all UK Revolving Loans made by Agent or the Lenders to UK Borrowers or for UK Borrowers’ accountThird Party Agent, on the other hand, the Letters books, records and Loan Account of Credit issued such Lender, Agent or arranged by Issuing Bank for UK Borrowers’ account, Third Party Agent shall govern and with all other payment UK Obligations hereunder or under control in the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses with respect theretoabsence of manifest error. In accordance with Section 2.72.12, the applicable Loan Account will be credited with all payments received by Agent or any Lender from Borrowers or for Borrowers’ accountaccount (and, during any Third Party Agent Retention Period, that the Third Party Agent is aware of or has been notified of). During any Third Party Agent Retention Period, the Third Party Agent shall make available to US Administrative Borrower or UK Administrative Borrower, as applicable, Representative monthly statements regarding the applicable Loan Account, including the principal amount of the applicable Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between the applicable Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to US Administrative Borrower or UK Administrative BorrowerRepresentative, as the case may be Borrowers, Borrower Representative shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 2 contracts
Samples: Credit Agreement (Endologix Inc /De/), Credit Agreement (Endologix Inc /De/)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain (a) an account on its books in the name of US Borrowers Borrower (the “US Loan Account”) on which US Borrowers Borrower will be charged with all US Revolving Loans (including US Extraordinary Advances and US Swing Loans) made by Agent, US Swing Lender, or the US Lenders to the US Borrowers or for US Borrowers’ account, the US Letters of Credit issued or arranged by Issuing Bank for the US Borrowers’ account, and with all other payment US Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses with respect thereto. In accordance with Section 2.7, and (b) the US Loan Account will be credited with all payments received by Agent from the US Borrowers or for the US Borrowers’ account. Agent shall maintain an account on its books in the name of UK Borrowers (the “UK Loan Account”) on which UK Borrowers Borrower will be charged with and charged, all UK Revolving Loans (including UK Extraordinary Advances) made by Agent or the Lenders to UK Borrowers or for UK Borrowers’ account, the UK Letters of Credit issued or arranged by Issuing Bank for UK Borrowers’ account, and with all other payment UK Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses with respect thereto. In accordance with Section 2.7, the applicable UK Loan Account will be credited with all payments received by Agent from the UK Borrowers or for UK Borrowers’ account. Agent shall make available to US the Administrative Borrower or UK Administrative Borrower, as applicable, monthly statements regarding the applicable Loan AccountAccounts, including the principal amount of the applicable Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between the applicable Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to US Administrative Borrower or UK the Administrative Borrower, as the case may be Borrowers, Administrative Borrower shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 1 contract
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain (a) an account on its books in the name of US Borrowers Borrower (the “US Loan Account”) on which US Borrowers Borrower will be charged with the Term Loan, all US Revolving Loans (including US Extraordinary Advances and US Swing Loans) made by Agent, US Swing Lender, or the US Lenders to US Borrowers Borrower or for US Borrowers’ Borrower’s account, the US Letters of Credit issued or arranged by Issuing Bank Lender for US Borrowers’ accountBorrower’s account that are payment Obligations, and with all other payment US Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses with respect thereto, and (b) an account on its books in the name of UK Borrowers (the “UK Loan Account”) on which UK Borrowers will be charged with and all UK Revolving Loans made by Agent or the Lenders to UK Borrowers or for UK Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for UK Borrowers’ account, and with all other payment UK Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses with respect thereto. In accordance with Section 2.7, the applicable US Loan Account will be credited with all payments received by Agent from US Borrower or for US Borrower’s account. Agent shall maintain an account on its books in the name of UK-Dutch Borrowers (the “UK-Dutch Loan Account”) on which UK-Dutch Borrower will be charged, all UK-Dutch Revolving Loans (including UK-Dutch Extraordinary Advances) made by Agent or the Lenders to UK-Dutch Borrowers or for UK-Dutch Borrowers’ account, the UK-Dutch Letters of Credit issued or arranged by Issuing Lender for UK-Dutch Borrowers’ account that are payment Obligations, and with all other UK-Dutch Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses with respect thereto. In accordance with Section 2.7, the UK-Dutch Loan Account will be credited with all payments received by Agent from UK-Dutch Borrower or for UK-Dutch Borrowers’ account. Agent shall maintain an account on its books in the name of German Borrowers (the “German Loan Account”) on which German Borrower will be charged, all German Revolving Loans (including German Extraordinary Advances) made by Agent or the Lenders to German Borrowers or for German Borrowers’ account, the German Letters of Credit issued or arranged by Issuing Lender for German Borrowers’ account that are payment Obligations, and with all other German Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses with respect thereto. In accordance with Section 2.7, the German Loan Account of the applicable German Borrower will be credited with all payments received by Agent from such German Borrower or for such German Borrower’s account. Agent shall make available to US Administrative Borrower or UK Administrative Borrower, as applicable, monthly statements regarding the applicable Loan AccountAccounts, including the principal amount of the applicable Term Loan and the Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documents, and a summary itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documents, and each such statement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between the applicable Borrowers US Borrower and the Lender Group unless, within 30 days after Agent first makes such a statement available to US Administrative Borrower or UK Administrative Borrower, as the case may be Borrowers, US Borrower shall deliver to Agent written objection thereto describing the error or errors contained in such statement.
Appears in 1 contract
Samples: Credit Agreement (Ciber Inc)
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain (a) an account on its books in the name of US Borrowers (the “US Loan Account”) on which US Borrowers will be be, subject to Section 2.6(d), charged with all US Revolving Loans Advances (including Extraordinary Protective Advances and Swing Loans) made by Agent, Swing LenderLenders, or the Lenders to US Borrowers or for US Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank Lender for US Borrowers’ account, and with all other payment US Obligations hereunder or under the other Loan DocumentsDocuments (except for Bank Product Obligations), including, accrued interest, reasonable fees and expenses, and Lender Group Expenses with respect theretoExpenses; provided that, and (b) an Agent shall maintain a separate U.K. sub-account on its books under the Loan Account in the name of UK Borrowers (the “UK Loan Account”) U.K. Borrower on which UK Borrowers U.K. Borrower will be charged with all U.K. Advances (including U.K. Protective Advances and all UK Revolving Loans U.K. Swing Loans) made by Agent Agent, U.K. Swing Lenders, or the Lenders to UK Borrowers U.K. Borrower or for UK Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for UK Borrowers’ U.K. Borrower’s account, and with all other payment UK Obligations of U.K. Borrower hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses with respect thereto. In accordance with Section 2.72.8, the applicable Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ account, including all amounts received in the Agent’s Account from any Cash Management Bank. Agent shall make available render statements regarding the outstanding loan balance, cash receipts, Advances made and the collateral balance within two (2) Business Days of the last Business Day of each calendar week. In addition, Agent shall render statements regarding the Loan Account to US Administrative Borrower or UK Administrative Borrower, as applicableincluding principal, monthly statements regarding the applicable Loan Accountinterest, including the principal amount of the applicable Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statementstatements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between the applicable Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to US Administrative Borrower or UK receipt thereof by Administrative Borrower, as the case may be Borrowers, Administrative Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statementstatements.
Appears in 1 contract
Samples: Credit Agreement (Take Two Interactive Software Inc)
Maintenance of Loan Account; Statements of Obligations. (a) Agent shall maintain (a) an account on its books in the name of US Borrowers Borrower (the “US "Loan Account”") on which US Borrowers Borrower will be charged with all US Revolving Loans Advances (including Extraordinary Agent Advances and Swing Loans) made by Agent, Swing Lender, or the Lenders to US Borrowers Borrower or for US Borrowers’ Borrower's account, the Letters of Credit issued or arranged by Issuing Bank for US Borrowers’ accountand, and subject to Section 2.6(d), with all other payment US Obligations hereunder or under the other Loan DocumentsDocuments that are due and payable, including, accrued interest, fees and expenses, and Lender Group Expenses with respect theretoExpenses, in each case that are due and (b) an account on its books in the name of UK Borrowers (the “UK Loan Account”) on which UK Borrowers will be charged with and all UK Revolving Loans made by Agent or the Lenders to UK Borrowers or for UK Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for UK Borrowers’ account, and with all other payment UK Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses with respect theretopayable. In accordance with Section 2.7SECTION 2.8, the applicable Loan Account will be credited with all payments received by Agent from Borrowers Borrower or for Borrowers’ Borrower's account, including all amounts received in the Agent's Account from any Cash Management Bank. Agent shall make available to US Administrative Borrower or UK Administrative Borrower, as applicable, monthly render statements regarding the applicable Loan AccountAccount to Borrower, including the principal amount of the applicable Revolving Loansprincipal, interest accrued hereunderinterest, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statement, absent manifest error, statements shall be conclusively presumed to be correct and accurate and constitute an account stated between the applicable Borrowers Borrower and the Lender Group unless, within 30 days after Agent first makes such a statement available to US Administrative Borrower or UK Administrative receipt thereof by Borrower, as the case may be Borrowers, Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statementstatements.
(b) Any Lender may request that any Advance made by it be evidenced by a promissory note. In such event, Borrower shall execute and deliver to such Lender a promissory note payable to the order of such Lender (or, if requested by such Lender, to such Lender and its registered assigns) in a form furnished by Agent and reasonably acceptable to Borrower. Thereafter, any Advance evidenced by such promissory note and interest thereon shall at all times (including after assignment pursuant to SECTION 14.1) be represented by one or more promissory notes in such form payable to the order of the payee named therein (or, if such promissory note is a registered note, to such payee and its registered assigns).
Appears in 1 contract
Maintenance of Loan Account; Statements of Obligations. Agent shall maintain (a) an account on its books in the name of US Borrowers (the “US "Loan Account”") on which US Borrowers will be be, subject to Section 2.6(d), charged with all US Revolving Loans Advances (including Extraordinary Protective Advances and Swing Loans) made by Agent, Swing LenderLenders, or the Lenders to US Borrowers or for US Borrowers’ ' account, the Letters of Credit issued or arranged by Issuing Bank Lender for US Borrowers’ ' account, and with all other payment US Obligations hereunder or under the other Loan DocumentsDocuments (except for Bank Product Obligations), including, accrued interest, reasonable fees and expenses, and Lender Group Expenses with respect theretoExpenses; provided that, and (b) an Agent shall maintain a separate U.K. sub-account on its books under the Loan Account in the name of UK Borrowers (the “UK Loan Account”) U.K. Borrower on which UK Borrowers U.K. Borrower will be charged with all U.K. Advances (including U.K. Protective Advances and all UK Revolving Loans U.K. Swing Loans) made by Agent Agent, U.K. Swing Lenders, or the Lenders to UK Borrowers U.K. Borrower or for UK Borrowers’ account, the Letters of Credit issued or arranged by Issuing Bank for UK Borrowers’ U.K. Borrower's account, and with all other payment UK Obligations of U.K. Borrower hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses with respect thereto. In accordance with Section 2.72.8, the applicable Loan Account will be credited with all payments received by Agent from Borrowers or for Borrowers’ ' account, including all amounts received in the Agent's Account from any Cash Management Bank. Agent shall make available render statements regarding the outstanding loan balance, cash receipts, Advances made and the collateral balance within two (2) Business Days of the last Business Day of each calendar week. In addition, Agent shall render statements regarding the Loan Account to US Administrative Borrower or UK Administrative Borrower, as applicableincluding principal, monthly statements regarding the applicable Loan Accountinterest, including the principal amount of the applicable Revolving Loans, interest accrued hereunder, fees accrued or charged hereunder or under the other Loan Documentsfees, and a summary including an itemization of all charges and expenses constituting Lender Group Expenses accrued hereunder or under the other Loan Documentsowing, and each such statementstatements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between the applicable Borrowers and the Lender Group unless, within 30 days after Agent first makes such a statement available to US Administrative Borrower or UK receipt thereof by Administrative Borrower, as the case may be Borrowers, Administrative Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statementstatements.
Appears in 1 contract
Samples: Credit Agreement (Take Two Interactive Software Inc)