Common use of Revolving Loan Account Clause in Contracts

Revolving Loan Account. The Lender will establish and maintain a loan account on its books (the “Revolving Loan Account”) to which the Lender will (a) debit (i) the principal amount of each advance under the Revolving Loan made by the Lender hereunder as of the date made, (ii) the amount of any interest accrued on the Revolving Loan as and when due, and (iii) any other amounts due and payable by the Borrowers to the Lender from time to time under the provisions of this Agreement in connection with the Revolving Loan, including, without limitation, Enforcement Costs, Fees, late charges, and service, collection and audit fees, as and when due and payable, and (b) credit all payments made by the Borrowers to the Lender on account of the Revolving Loan as of the date made including, without limitation, funds credited to the Revolving Loan Account from the Collateral Account. The Lender may debit the Revolving Loan Account for the amount of any Item of Payment which is returned to the Lender unpaid. All credit entries to the Revolving Loan Account are conditional and shall be readjusted as of the date made if final and indefeasible payment is not received by the Lender in cash or solvent credits. Any and all periodic or other statements or reconciliations, and the information contained in those statements or reconciliations, of the Revolving Loan Account shall be presumed conclusively to be correct, and shall constitute an account stated between the Lender and the Borrowers unless the Lender receives specific written objection thereto from any Borrower within sixty (60) Business Days after such statement or reconciliation shall have been sent by the Lender.

Appears in 3 contracts

Samples: Financing and Security Agreement (Tvi Corp), Financing and Security Agreement (Tvi Corp), Financing and Security Agreement (Tvi Corp)

AutoNDA by SimpleDocs

Revolving Loan Account. The Lender Agent will establish and maintain a loan account on its books (the "Revolving Loan Account") to which the Lender Agent will (a) debit DEBIT (i) the principal amount of each advance under the Revolving Loan made by the Lender Lenders hereunder as of the date made, (ii) the amount of any interest accrued on the Revolving Loan as and when due, and (iii) any other amounts due and payable by the Borrowers Borrower to the Lender Agent and/or the Lenders from time to time under the provisions of this Agreement in connection with the Revolving Loan, including, without limitation, Enforcement Costs, Fees, late charges, and service, collection and audit fees, as and when due and payable, and (b) credit CREDIT all payments made by the Borrowers Borrower to the Lender Agent on account of the Revolving Loan as of the date made including, without limitation, funds credited to the Revolving Loan Account from the Collateral Account. The Lender Agent may debit the Revolving Loan Account for the amount of any Item of Payment which is returned to the Lender Agent unpaid. All credit entries to the Revolving Loan Account are conditional and shall be readjusted as of the date made if final and indefeasible payment is not received by the Lender Agent in cash or solvent credits. The Borrower hereby promises to pay to the order of the Agent for the ratable benefit of the Lenders, on the Revolving Credit Termination Date, an amount equal to the excess, if any, of all debit entries over all credit entries recorded in the Revolving Loan Account under the provisions of this Agreement. Any and all periodic or other statements or reconciliations, and the information contained in those statements or reconciliations, of the Revolving Loan Account shall be presumed conclusively to be correct, and shall constitute an account stated between the Lender Agent, the Lenders and the Borrowers Borrower unless the Lender Agent receives specific written objection thereto from the Borrower and/or any Borrower Lender within sixty thirty (6030) Business Days after such statement or reconciliation shall have been sent by the LenderAgent. Any and all periodic or other statements or reconciliations, and the information contained in those statements or reconciliations, of the Revolving Loan Account shall be final, binding and conclusive upon the Borrower in all respects, absent manifest error, unless the Agent receives specific written objection thereto from the Borrower within thirty (30) Business Days after such statement or reconciliation shall have been sent by the Agent.

Appears in 3 contracts

Samples: Financing and Security Agreement (BPC Holding Corp), Financing and Security Agreement (BPC Holding Corp), Financing and Security Agreement (BPC Holding Corp)

Revolving Loan Account. The Lender Administrative Agent will establish and maintain a loan account on its books (the "Revolving Loan Account") to which the Lender Administrative Agent will (a) debit (i) the principal amount of each advance under the Revolving Loan made by the Lender Lenders hereunder as of the date made, (ii) the amount of any interest accrued on the Revolving Loan as and when due, and (iii) any other amounts due and payable by the Borrowers to the Lender Administrative Agent and/or the Lenders from time to time under the provisions of this Agreement in connection with the Revolving Loan, including, without limitation, Enforcement Costs, Fees, late charges, and service, service and collection and audit fees, as and when due and payable, and (b) credit all payments made by the Borrowers to the Lender Administrative Agent on account of the Revolving Loan as of the date made including, without limitation, funds credited to the Revolving Loan Account from the Collateral Account. The Lender Administrative Agent may debit the Revolving Loan Account for the amount of any Item of Payment which is returned to the Lender Administrative Agent unpaid. All credit entries to the Revolving Loan Account are conditional and shall be readjusted as of the date made if final and indefeasible payment is not received by the Lender Administrative Agent in cash or solvent credits. The Borrowers hereby promise to pay to the order of the Administrative Agent for the ratable benefit of the Lenders, ON DEMAND, an amount equal to the excess, if any, of all debit entries over all credit entries recorded in the Revolving Loan Account under the provisions of this Agreement. Any and all periodic or other statements or reconciliations, and the information contained in those statements or reconciliations, of the Revolving Loan Account shall be presumed conclusively to be correct, and shall constitute an account stated between the Lender Administrative Agent, the Lenders and the Borrowers unless the Lender Administrative Agent receives specific written objection thereto from any Borrower and/or any Lender within sixty thirty (6030) Business Days after such statement or reconciliation shall have been sent by the LenderAdministrative Agent. Any and all periodic or other statements or reconciliations, and the information contained in those statements or reconciliations, of the Revolving Loan Account shall be final, binding and conclusive upon the Borrowers in all respects, absent manifest error, unless the Administrative Agent receives specific written objection thereto from the Borrowers within thirty (30) Business Days after such statement or reconciliation shall have been sent by the Administrative Agent.

Appears in 2 contracts

Samples: Financing and Security Agreement (Walbro Corp), Financing and Security Agreement (Walbro Corp)

Revolving Loan Account. The Lender will establish and maintain a loan account on its books (the "Revolving Loan Account") to which the Lender will (a) debit (i) the principal amount of each advance under the Revolving Loan made by the Lender hereunder as of the date madefunded by the Lender, (ii) the amount of any interest accrued on the Revolving Loan Loans as and when due, and (iii) any other amounts due and payable by the Borrowers each Borrower to the Lender from time to time under the provisions of this Agreement in connection with the Revolving LoanLoans, including, without limitation, Enforcement Costs, Fees, late charges, and service, collection and audit fees, all as and when due and payable, and (b) credit all payments made by the Borrowers or on behalf of each Borrower to the Lender on account of the Revolving Loan Loans as of the date made including, without limitation, funds credited to the Revolving Loan Account from the Collateral Account. The Lender may debit the Revolving Loan Account for the amount of any Item of Payment which is returned to the Lender unpaidmade. All credit entries to the Revolving Loan Account are conditional and shall be readjusted as of the date made if final and indefeasible payment is not received by the Lender in cash or solvent credits. Any The Borrowers shall pay to the order of the Lender, on the Revolving Credit Termination Date, an amount equal to the excess, if any, of all debit entries over all credit entries recorded in the Revolving Loan Account under the provisions of this Agreement. Absent manifest error, any and all periodic or other statements or reconciliationsreconciliations relating to the Revolving Loan Account, and the information contained in those statements or reconciliations, of the Revolving Loan Account shall be presumed conclusively to be correct, correct and shall constitute an account stated between the Lender and each of the Borrowers unless the Lender receives specific written objection thereto from any Borrower and/or the Lender within sixty (60) Business Days after such statement or reconciliation shall have been sent by the Lender.

Appears in 2 contracts

Samples: Financing Agreement (Manugistics Group Inc), Financing Agreement (Manugistics Group Inc)

Revolving Loan Account. The Lender will establish and maintain a loan account on its books (the "Revolving Loan Account") to which the Lender will (a) debit (i) the ----- principal amount of each advance under the Revolving Loan made by the Lender hereunder as of the date made, (ii) the amount of any interest accrued on the Revolving Loan as and when due, and (iii) any other amounts due and payable by the Borrowers to the Lender from time to time under the provisions of this Agreement in connection with the Revolving Loan, including, without limitation, Enforcement Costs, Fees, late charges, and service, collection and audit fees, as and when due and payable, and (b) credit all payments made by the Borrowers to the Lender on ------ account of the Revolving Loan as of the date made including, without limitation, funds credited to the Revolving Loan Account from the Collateral Account. The Lender may debit the Revolving Loan Account for the amount of any Item of Payment which is returned to the Lender unpaid. All credit entries to the Revolving Loan Account are conditional and shall be readjusted as of the date made if final and indefeasible payment is not received by the Lender in cash or solvent credits. The Borrowers hereby promise to pay to the order of the Lender, on demand, an amount equal to the excess, if any, of all debit entries over all credit entries recorded in the Revolving Loan Account under the provisions of this Agreement. Any and all periodic or other statements or reconciliations, and the information contained in those statements or reconciliations, of the Revolving Loan Account shall be presumed conclusively to be correct, correct and shall constitute an account stated between the Lender and the Borrowers unless the Lender receives specific written objection thereto from any Borrower the Borrowers within sixty thirty (6030) Business Days after such statement or reconciliation shall have been sent by the Lender.

Appears in 1 contract

Samples: Financing and Security Agreement (Clean Towel Service Inc)

Revolving Loan Account. The Lender will establish and maintain a loan account on its books (the "Revolving Loan Account") to which the Lender will (a) debit (i) the principal amount of each advance under the Revolving Loan Credit made by the Lender hereunder as of the date made, (ii) the amount of any interest accrued on the Revolving Loan Credit as and when due, and (iii) any other amounts due and payable by the Borrowers to the Lender from time to time under the provisions of this Agreement in connection with the Revolving LoanCredit, including, without limitation, Enforcement Costs, Fees, late charges, and service, collection and audit fees, as and when due and payable, and (b) credit all payments made by the Borrowers to the Lender on account of the Revolving Loan Credit as of the date made including, without limitation, funds credited to the Revolving Loan Account from the Collateral Account. The Lender may debit the Revolving Loan Account for the amount of any Item of Payment which that is returned to the Lender unpaid. All credit entries to the Revolving Loan Account are conditional and shall be readjusted as of the date made if final and indefeasible payment is not received by the Lender in cash or solvent credits. The Borrowers hereby promise to pay to the order of the Lender, within two (2) Business Days after DEMAND, an amount equal to the excess, if any, of all debit entries over all credit entries recorded in the Revolving Loan Account under the provisions of this Agreement. Any and all periodic or other statements or reconciliations, and the information contained in those statements or reconciliations, of the Revolving Loan Account shall be presumed conclusively to be correctfinal, binding and shall constitute an account stated between the Lender and conclusive upon the Borrowers in all respects, absent manifest error, unless the Lender receives specific written objection thereto from any Borrower the Borrowers within sixty thirty (6030) Business Days after such statement or reconciliation shall have been sent by the Lender.

Appears in 1 contract

Samples: Financing and Security Agreement (Spacehab Inc \Wa\)

Revolving Loan Account. The Lender Agent will establish and maintain a loan account on its books (the "Revolving Loan Account") to which the Lender Agent will (a) debit DEBIT (i) the principal amount of each advance under the Revolving Loan made by the Lender hereunder Lenders as of the date made, (ii) the amount of any interest accrued on the Revolving Loan as and when due, and (iii) any other amounts due and payable by the Borrowers to the Lender Agent and/or the Lenders from time to time under the provisions of this Agreement in connection with the Revolving Loan, including, without limitation, Enforcement Costs, Fees, Fees and late charges, and service, collection and audit fees, all as and when due and payable, and (b) credit CREDIT all payments made by the Borrowers to the Lender Agent on account of the Revolving Loan as of the date made including, without limitation, funds credited to the Revolving Loan Account from the Collateral Account. The Lender may debit the Revolving Loan Account for the amount of any Item of Payment which is returned to the Lender unpaidmade. All credit entries to the Revolving Loan Account are conditional and shall be readjusted as of the date made if final and indefeasible payment is not received by the Lender Agent in cash or solvent creditscollected funds. The Borrowers hereby promise to pay to the order of the Agent for the ratable benefit of the Lenders, on the Revolving Credit Termination Date, an amount equal to the excess, if any, of all debit entries over all credit entries recorded in the Revolving Loan Account. Any and all periodic or other statements or reconciliationsreconciliations of the Revolving Loan Account, and the information contained in those statements or reconciliations, of the Revolving Loan Account shall be presumed conclusively to be correct, absent manifest error, and shall constitute an account stated between the Lender Lenders and the Borrowers unless the Lender Agent receives specific written objection thereto from any Borrower of the Borrowers within sixty thirty (6030) Business Days after such statement or reconciliation shall have been sent by the LenderAgent to the Borrowers. The Agent and the Lenders acknowledge and agree that the Borrowers' obligation to pay the Obligations evidenced by the Revolving Credit Notes constitutes the same, and is not in duplication of, the obligation to pay the Obligations as provided in this Section.

Appears in 1 contract

Samples: Financing Agreement (C&d Technologies Inc)

Revolving Loan Account. (a) The Lender will establish and Agent shall maintain a loan account Revolving Loan Account on its books (the “Revolving Loan Account”) to in which the Lender Borrower will (a) debit (i) the principal amount of each advance under the Revolving Loan be charged with all loans and advances and other Accommodations made by the Lender hereunder as of Agent and the date made, (ii) the amount of any interest accrued on the Revolving Loan as and when dueLenders to it or for its account, and (iii) with any other amounts due and payable by the Borrowers to the Lender from time to time under the provisions of this Agreement in connection with the Revolving LoanObligations, including, without limitation, Enforcement Costsany and all costs, Feesexpenses and reasonable attorney's fees which the Agent may incur on the Lenders' behalf in connection with the exercise by or for the Agent of any of the rights or powers herein conferred upon the Agent, late chargesor in the prosecution or defence of any action or proceeding to enforce or protect any rights of the Agent or the Lenders in connection with this Agreement, and servicethe other Loan Documents or the Collateral, collection and audit fees, as and when due and payable, and (b) credit all payments made or any Obligations owing by the Borrowers to Borrower. The Borrower will be credited with all amounts received by the Lender on account of Agent and/or the Revolving Loan as of Lenders from the date made Borrower or from others for the Borrower's account, including, without limitation, funds credited to the Revolving Loan Account from the Collateral Account. The Lender may debit the Revolving Loan Account for the amount of any Item of Payment which is returned to the Lender unpaid. All credit entries to the Revolving Loan Account are conditional and shall be readjusted as of the date made if final and indefeasible payment is not set forth above, all amounts received by the Lender Agent in cash or solvent creditspayment of Accounts, and such amounts will be applied to payment of the Obligations as set forth herein. Any and all periodic In no event shall prior recourse to any Accounts or other statements security granted to or reconciliationsby the Borrower be a prerequisite to the Agent's right to demand payment of any Obligation. Further, it is understood that the Agent and/or the Lenders shall have no obligation whatsoever to perform in any respect any of the Borrower's contracts or obligations relating to the Accounts. (b) After the end of each month, the Agent shall promptly send the Borrower a statement showing the accounting for the charges, loans, advances and other transactions occurring between the Agent on behalf of the Lenders and the information contained in those Borrower during that month. The monthly statements or reconciliations, of the Revolving Loan Account shall be presumed conclusively to be correct, and shall constitute an account stated between the Lender Borrower and the Borrowers Agent and shall be deemed correct and binding on the Borrower unless the Lender Agent receives specific a written objection thereto from any Borrower statement of the exceptions within sixty (60) Business Days after such 30 days of the receipt of the monthly statement or reconciliation shall have been sent by the LenderBorrower.

Appears in 1 contract

Samples: Financing Agreement (Tembec Industries Inc)

Revolving Loan Account. The Lender will establish and maintain a loan account on its books (the "Revolving Loan Account") to which the Lender will (a) debit DEBIT (i) the principal amount of each advance under the Revolving Loan Credit Facility made by the Lender hereunder as of the date made, (ii) the amount of any interest accrued on the Revolving Loan such advance as and when due, and (iii) any other amounts due and payable by the Borrowers Borrower to the Lender from time to time under the provisions of this Agreement in connection with the Revolving Loan, including, without limitation, Enforcement Costs, Fees, late charges, and service, collection and audit fees, as and when due and payable, and (b) credit CREDIT all payments made by the Borrowers Borrower to the Lender or First Union on account of the Revolving Loan as of the date made including, without limitation, funds credited to the Revolving Loan Account from the Collateral Account. The Lender and First Union may debit the Revolving Loan Account for the amount of any Item of Payment which is returned to the Lender unpaid. All credit entries to the Revolving Loan Account are conditional and shall be readjusted as of the date made if final and indefeasible payment is not received by the Lender in cash or solvent credits. The Borrower hereby promises to pay to the order of the Lender, on demand, an amount equal to the excess, if any, of all debit entries over all credit entries recorded in the Revolving Loan Account under the provisions of this Agreement. Any and all periodic or other statements or reconciliations, and the information contained in those statements or reconciliations, of the Revolving Loan Account shall be presumed conclusively to be correct, correct and shall constitute an account stated between the Lender Lender, First Union and the Borrowers Borrower unless the Lender receives specific written objection thereto from any the Borrower within sixty thirty (6030) Business Days after such statement or reconciliation shall have been sent by the LenderLender or First Union.

Appears in 1 contract

Samples: Financing and Security Agreement (Cta Incorporated)

Revolving Loan Account. The Lender will establish and maintain a loan account on its books (the "Revolving Loan Account") to which the Lender will (a) debit DEBIT (i) the principal amount of each advance under of the Revolving Loan made by the Lender hereunder as of the date made, (ii) the amount of any interest accrued on the Revolving Loan as and when due, and (iii) any other amounts due and payable by the Borrowers Borrower to the Lender from time to time under the provisions of this Agreement in connection with the Revolving Loan, including, without limitation, Enforcement Costs, Fees, late charges, and service, collection and audit fees, as and when due and payable, and (b) credit CREDIT all payments made by the Borrowers Borrower to the Lender on account of the Revolving Loan as of the date made including, without limitation, funds credited to the Revolving Loan Account from the Collateral Account. The Lender may debit the Revolving Loan Account for the amount of any Item of Payment which is returned to the Lender unpaid. All credit entries to the Revolving Loan Account are conditional and shall be readjusted as of the date made if final and indefeasible payment is not received by the Lender in cash or solvent credits. Any and all periodic or other statements or reconciliations, and the information contained in those statements or reconciliations, of the Revolving Loan Account shall be presumed conclusively examined by the Borrower within ninety (90) days after receipt. If following that examination the Borrower believes those statements or reconciliations to be correctincorrect, and the Borrower shall constitute an account stated between the Lender and the Borrowers unless the Lender receives specific written objection thereto from any Borrower within sixty five (605) Business Days after such statement or reconciliation shall have been sent by completion of its examination, notify the LenderLender of the Borrower's beliefs and the reasons therefor.

Appears in 1 contract

Samples: Financing and Security Agreement (Glasstech Inc)

Revolving Loan Account. The Lender will establish and maintain a loan account on its books (the “Revolving Loan Account”) to which the Lender will (a) debit Subject to the provisions of paragraph (ib) below, the principal amount of each advance under Agent shall charge the Revolving Loan Account for all loans and advances made by the Lender hereunder as of Agent and the date madeLenders to the Funds Administrator, (ii) or otherwise, or for the amount of any interest accrued on the Revolving Loan as and when dueCompanies’ account, and (iii) for all any other amounts Obligations, including Out-of-Pocket Expenses, when due and payable hereunder. Upon request by Company, the Borrowers to Agent shall give the Lender from time to time under the provisions Companies notice of this Agreement in connection with the Revolving Loan, including, without limitation, Enforcement Costs, Fees, late charges, and service, collection and audit fees, as and when due and payable, and (b) credit all payments charges made by the Borrowers to the Lender on account of the Revolving Loan as of the date made including, without limitation, funds credited to the Revolving Loan Account from and shall provide the Collateral AccountCompanies with an explanation of such charges in reasonable detail. The Lender may debit Subject to the provisions of Section 3.5 below, the Agent will credit the Revolving Loan Account with all amounts received by the Agent from each Depository Account or from others for the amount Companies’ account, including, as set forth above, all amounts received by the Agent in payment of Accounts, and such amounts will be applied to payment of the Obligations in the order and manner set forth herein. In no event shall prior recourse to any Account or other security granted to or by any Company be a prerequisite to the Agent’s or the Lenders’ rights to demand payment of any Item of Payment which is returned the Obligations. In addition, each Company agrees that neither the Agent nor any Lender shall have any obligation whatsoever to perform in any respect any of such Company’s contracts or obligations relating to the Lender unpaidAccounts. (b) In order to utilize the collective borrowing powers of the Companies (collectively the “Collective Borrowers”) in the most efficient and economical manner, and in order to facilitate the handling of the accounts of the Collective Borrowers on the Agent’s books, the Collective Borrowers have requested, and the Agent has agreed to handle accounts of the Collective Borrowers on the Agent’s books on a combined basis, all in accordance with the following provisions: (i) in lieu of maintaining separate accounts on the Agent’s books in the name of each of the Collective Borrowers, the Agent shall maintain one Revolving Loan Account. All credit entries Confirmatory assignments of Accounts will continue to be made to the Agent by each of the Collective Borrowers. Loans and advances made by the Agent to any of the Collective Borrowers will be charged to the Revolving Loan Account indicated above, along with any charges and expenses under this Financing Agreement. The Revolving Loan Account will be credited, with all amounts received by the Agent from any of the Collective Borrowers or from others for their account including all amounts received by the Agent in payment of Accounts assigned to the Agent as provided in this Financing Agreement; (ii) each month the Agent will render to the Collective Borrowers one extract of the combined Revolving Loan Account, which shall be deemed to be an account stated as to each of the Collective Borrowers and which will be deemed correct and accepted by all of the Collective Borrowers unless the Agent receives a written statement of exceptions from them within thirty (30) days after such extract has been rendered by the Agent. It is expressly understood and agreed by each of the Collective Borrowers that the Agent shall have no obligation to account separately to any of the Collective Borrowers; (iii) requests for loans and advances may be made by the Funds Administrator as agent for the Collective Borrowers and the Agent is hereby authorized and directed to accept, honor and rely on such instructions and requests, subject to the limitation and provisions set forth in this Financing Agreement. It is expressly understood and agreed by each of the Collective Borrowers that the Agent shall have no responsibility to inquire into the correctness of the apportionment, allocation, or disposition of (x) any loans and advances made to any of the Collective Borrowers or (y) any of the Agent’s expenses and charges relating thereto. All loans and advances are conditional made for the Revolving Loan Account; (iv) the Collective Borrowers jointly and severally unconditionally guarantee to the Agent and the Lenders the prompt payment in full of (A) all loans and advances made and to be made by the Agent and/or the Lenders to any of them under this Financing Agreement, as well as (B) all other Obligations of the Collective Borrowers to the Agent and/or the Lenders and hereby expressly confirm in all respects the guaranties executed by each of the Collective Borrowers in the Agent’s and/or the Lenders’ favor as more fully set forth therein; (v) all Accounts assigned to the Agent for the benefit of the Lenders by any of the Collective Borrowers and any other Collateral now or hereafter given to the Agent and/or the Lenders by any of the Collective Borrowers (be it Accounts or otherwise), shall secure all loans and advances made by the Agent and/or the Lenders to any of the Collective Borrowers, and shall be readjusted deemed to be pledged to the Agent as security for any and all other Obligations of the date Collective Borrowers to the Agent and/or the Lenders as set forth under this Financing Agreement, the guaranties, or any other agreements between the Agent and/or the Lenders and any of the Collective Borrowers; (vi) It is understood that the handling of the accounts of the Collective Borrowers in a combined fashion, as more fully set forth herein, is done solely as an accommodation to the Collective Borrowers and at their request, and that the Agent shall incur no liability to the Collective Borrowers as a result hereof. To induce the Agent and the Lenders to do so, and in consideration thereof, each of the Collective Borrowers hereby agrees to indemnify the Agent and the Lenders and hold the Agent and the Lenders harmless against any and all liability, expense, loss or claim of damage or injury, made if final and indefeasible payment is not received against the Agent and/or the Lenders by any of the Collective Borrowers or by any third party whosoever, arising from or incurred solely by reason of (A) the method of handling the accounts of the Collective Borrowers as herein provided, (B) the Agent relying on any instructions of any of the Collective Borrowers, or (C) any other action taken by the Lender Agent in accordance with this subparagraph (b) of Paragraph 3.3 of Section 3 of this Financing Agreement; and (vii) The foregoing request was made because the Collective Borrowers are engaged in an integrated operation that requires financing on a basis permitting the availability of credit from time to time to each of the Collective Borrowers as required for the continued successful operation of each of the Collective Borrowers. Each of the Collective Borrowers expects to derive benefit, directly or indirectly, from such availability. In addition, the Companies have informed the Agent that: (A) The Funds Administrator, in order to increase the efficiency and productivity of each of the other Collective Borrowers, has centralized in itself a cash management system which entails, in part, central disbursement and operating accounts in which it provides the working capital needs of each of the other Collective Borrowers and manages and timely pays the accounts payable of each of the other Collective Borrowers; (B) Each Company is further enhancing the operating efficiencies of the other Collective Borrowers by purchasing, or solvent credits. Any causing to be purchased, in its name for its account all materials, supplies, inventory and services required by the other Collective Borrower which will result in reducing the operating costs of the other Collective Borrowers; and (C) Since all periodic or other statements or reconciliations, of the Collective Borrowers are now engaged in an integrated operation that requires financing on an integrated basis and since each Collective Borrower expects to benefit from the continued successful performance of such integrated operations and in order to best utilize the collective borrowing powers of each Collective Borrower in the most effective and cost efficient manner and to avoid adverse effects on the operating efficiencies of each Collective Borrower and the information contained in those statements or reconciliations, existing back-office practices of the Collective Borrowers, each Collective Borrower has requested that all Revolving Loan Account shall Loans and advances be presumed conclusively disbursed solely upon the request of the Funds Administrator and to be correct, and shall constitute an account stated between the Lender and the Borrowers unless the Lender receives specific written objection thereto from any Borrower within sixty (60) Business Days after such statement or reconciliation shall have been sent bank accounts managed solely by the LenderFunds Administrator and that the Funds Administrator will manage for the benefit of each Collective Borrower the expenditure and usage of such funds.

Appears in 1 contract

Samples: Financing Agreement (Aegis Communications Group Inc)

Revolving Loan Account. The Lender will establish and maintain a loan account on its books (the "Revolving Loan Account") to which the Lender will (a) debit (i) ----- the principal amount of each advance under the Revolving Loan made by the Lender hereunder as of the date made, (ii) the amount of any interest accrued on the Revolving Loan as and when due, and (iii) any other amounts due and payable by the Borrowers Borrower to the Lender from time to time under the provisions of this Agreement in connection with the Revolving Loan, including, without limitation, Enforcement Costs, Fees, late charges, and service, collection and audit fees, as and when due and payable, and (b) credit all payments made by the Borrowers Borrower to the Lender on ------ account of the Revolving Loan as of the date made including, without limitation, funds credited to the Revolving Loan Account from the Collateral Accountmade. The Lender may debit the Revolving Loan Account for the amount of any Item of Payment which payment that is returned to the Lender unpaid. All credit entries to the Revolving Loan Account are conditional and shall be readjusted as of the date made if final and indefeasible payment is not received by the Lender in cash or solvent credits. The Borrower hereby promises to pay to the order of the Lender, ON DEMAND, an amount equal to the excess, if any, of all debit entries over all credit entries recorded in the Revolving Loan Account under the provisions of this Agreement. Any and all periodic or other statements or reconciliations, and the information contained in those statements or reconciliations, of the Revolving Loan Account shall be presumed conclusively to be correct, and shall constitute an account stated between the Lender and the Borrowers Borrower unless the Lender receives specific written objection thereto from any the Borrower within sixty thirty (6030) Business Days after such statement or reconciliation shall have been sent by the Lender.

Appears in 1 contract

Samples: Financing Agreement (Trex Co Inc)

Revolving Loan Account. The Lender will establish and maintain a loan account on its books (the "Revolving Loan Account") to which the Lender will (a) debit (i) the ----- principal amount of each advance under the Revolving Loan Credit made by the Lender hereunder as of the date made, (ii) the amount of any interest accrued on the Revolving Loan Credit as and when due, and (iii) any other amounts due and payable by the Borrowers to the Lender from time to time under the provisions of this Agreement in connection with the Revolving LoanCredit, including, without limitation, Enforcement Costs, Fees, late charges, and service, collection and audit fees, as and when due and payable, and (b) credit all payments made by the ------ Borrowers to the Lender on account of the Revolving Loan Credit as of the date made including, without limitation, funds credited to the Revolving Loan Account from the Collateral Account. The Lender may debit the Revolving Loan Account for the amount of any Item of Payment which is returned to the Lender unpaid. All credit entries to the Revolving Loan Account are conditional and shall be readjusted as of the date made if final and indefeasible payment is not received by the Lender in cash or solvent credits. The Borrowers hereby promise to pay to the order of the Lender, within two (2) Business Days after DEMAND, an amount equal to the excess, if any, of all debit entries over all credit entries recorded in the Revolving Loan Account under the provisions of this Agreement. Any and all periodic or other statements or reconciliations, and the information contained in those statements or reconciliations, of the Revolving Loan Account shall be presumed conclusively to be correctfinal, binding and shall constitute an account stated between the Lender and conclusive upon the Borrowers in all respects, absent manifest error, unless the Lender receives specific written objection thereto from any Borrower the Borrowers within sixty thirty (6030) Business Days after such statement or reconciliation shall have been sent by the Lender.

Appears in 1 contract

Samples: Financing and Security Agreement (Spacehab Inc \Wa\)

Revolving Loan Account. The Lender will establish and maintain a loan account on its books (the "Revolving Loan Account") to which the Lender will (a) debit DEBIT (i) the principal amount of each advance under of the Revolving Loan made by the Lender hereunder as of the date made, (ii) the amount of any interest accrued on the Revolving Loan as and when due, and (iii) any other amounts due and payable by the Borrowers Borrower to the Lender from time to time under the provisions of this Agreement in connection with the Revolving Loan, including, without limitation, Enforcement Costs, Fees, late charges, and service, service and collection and audit fees, as and when due and payable, and (b) credit CREDIT all payments made by the Borrowers Borrower to the Lender on account of the Revolving Loan as of the date made including, without limitation, funds credited to the Revolving Loan Account from the Collateral Accountmade. The Lender may debit the Revolving Loan Account for the amount of any Item of Payment which is returned to the Lender unpaid. All credit entries to the Revolving Loan Account are conditional and shall be readjusted as of the date made if final and indefeasible payment is not received by the Lender in cash or solvent credits. Any and all periodic or other statements or reconciliations, and the information contained in those statements or reconciliations, of the Revolving Loan Account shall be presumed conclusively to be correctfinal, binding and shall constitute an account stated between conclusive upon the Lender and the Borrowers Borrower in all respects, absent manifest error, unless the Lender receives specific written objection thereto from any the Borrower within sixty thirty (6030) Business Days after such statement or reconciliation shall have been sent by the Lender.. 13 FY'00 Financing Agreement.doc February 18,20007:59 AM

Appears in 1 contract

Samples: Financing Agreement (American Woodmark Corp)

Revolving Loan Account. The Lender will establish and maintain a loan account on its books (the "Revolving Loan Account") to which the Lender will (a) debit (i) the principal amount of each advance under the Revolving Loan made by the Lender hereunder as of the date made, (ii) the amount of any interest accrued on the Revolving Loan as and when due, and (iii) any other amounts due and payable by the Borrowers to the Lender from time to time under the provisions of this Agreement in connection with the Revolving Loan, including, without limitation, Enforcement Costs, Fees, late charges, and service, collection and audit fees, as and when due and payable, and (b) credit all payments made by the Borrowers to the Lender on account of the Revolving Loan as of the date made including, without limitation, funds credited to the Revolving Loan Account from the Collateral Accountmade. The Lender may debit the Revolving Loan Account for the amount of any Item of Payment which that is returned to the Lender unpaid. All credit entries to the Revolving Loan Account are conditional and shall be readjusted as of the date made if final and indefeasible payment is not received by the Lender in cash or solvent credits. The Borrowers hereby promise to pay to the order of the Lender, ON DEMAND, an amount equal to the excess, if any, of all debit entries over all credit entries recorded in the Revolving Loan Account under the provisions of this Agreement. Any and all periodic or other statements or reconciliations, and the information contained in those statements or reconciliations, of the Revolving Loan Account shall be presumed conclusively to be correct, and shall constitute an account stated between the Lender and the Borrowers unless the Lender receives specific written objection thereto from any Borrower within sixty thirty (6030) Business Days after such statement or reconciliation shall have been sent by the Lender. Any and all periodic or other statements or reconciliations, and the information contained in those statements or reconciliations, of the Revolving Loan Account shall be final, binding and conclusive upon the Borrowers in all respects, absent manifest error, unless the Lender receives specific written objection thereto from the Borrowers within thirty (30) Business Days after such statement or reconciliation shall have been sent by the Lender.

Appears in 1 contract

Samples: Business Loan and Security Agreement (Vse Corp)

Revolving Loan Account. The Lender will shall establish and maintain maintain, in accordance with its usual and customary practice, on its books and records a loan account on its books evidencing all Liabilities to Lender outstanding from time to time under the Credit Facility (the “Revolving Loan Account”) to which the Lender will (a) debit shall (i) the principal amount of each advance debit all Advances (and other disbursements) made to Borrower under the Revolving Loan made by the Lender hereunder as of the date madeCredit Facility, (ii) the amount of any interest plus all interest, fees, charges and expenses accrued on the Revolving Loan as and when duethereon, and (iii) any and all other amounts due and payable to Lender by the Borrowers to the Lender Borrower from time to time under the provisions of this Agreement or any of the other Loan Documents in connection with the Revolving LoanCredit Facility, including, without limitation, Enforcement Costsany enforcement costs, fees (including, without limitation, the Fees), late charges, and service, collection and audit fees, as and when due and payable, and (bii) credit all payments made by the Borrowers Borrower to the Lender on account of any Liabilities under the Revolving Loan as Credit Facility and all proceeds of the date made including, without limitation, funds credited Collateral which are finally paid to Lender in respect of the Credit Facility. Borrower hereby irrevocably authorizes Lender to make such entries to Xxxxxxxx’s Revolving Loan Account as heretofore described in this Section 2.15, and to record therein, from time to time, in accordance with Xxxxxx’s customary accounting practices, such other debits and credits as Lender shall deem proper in connection with any Liabilities under the Collateral AccountCredit Facility, in all cases, without the prior consent of Borrower. The Lender may debit the Revolving Loan Account for the amount of any Item of Payment which is returned to the Lender unpaid. All Any such credit entries to the Revolving Loan Account are conditional and shall be readjusted as conditional upon final payment to Lender of the date made all items giving rise to such credit and, if final and indefeasible payment any item is not received by so paid, the Lender in cash credit for such item shall be reversed, whether or solvent credits. Any and all periodic or other statements or reconciliationsnot the item has been returned, and the information contained amount thereof, in those statements or reconciliationsXxxxxx’s discretion, of may be charged to the Revolving Loan Account shall be presumed conclusively to be correct, and shall constitute an account stated between the Lender and the Borrowers unless the Lender receives specific written objection thereto from any Borrower within sixty (60) Business Days after such statement or reconciliation shall have been sent by the LenderPayment Collateral Account.

Appears in 1 contract

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

Revolving Loan Account. The Lender will establish and maintain a loan account on its books (the “Revolving "Revolv ing Loan Account") to which the Lender will (a) debit (i) the principal amount of each advance under (the "Revolving Loan Loans") made by the Lender hereunder as of the date made, (ii) the amount of any interest accrued on the Revolving Loan Loans as and when due, and (iiiii) any other amounts due and payable by any or all of the Borrowers to the Lender from time to time under the provisions of this Agreement in connection with the Revolving LoanLoans, including, without limitation, Enforcement Costs, Fees, late charges, and service, collection and audit fees, as and when due and payable, and (b) credit all payments made by the Borrowers to the Lender on account of the Revolving Loan Loans as of the date made including, without limitation, funds credited to the Revolving Loan Collateral Account and collected and paid to the Lender, the Lender reserving the right, exercised in its sole and absolute discretion from time to time, to provide earlier credit or to disallow credit for any Collection which is unsatisfactory to the Collateral AccountLender. The Lender may debit the Revolving Loan Account for the amount of any Item of Payment Collection which is returned to the Lender unpaid. All credit entries to the Revolving Loan Account are conditional and shall be readjusted as of the date made if final and indefeasible payment is not received by the Lender in cash or solvent credits. Any The Borrowers hereby jointly and all periodic or other statements or reconciliationsseverally promise to pay to the order of the Lender, and on demand, an amount equal to the information contained in those statements or reconciliationsexcess, if any, of all debit entries over all credit entries recorded in the Revolving Loan Account shall be presumed conclusively to be correct, and shall constitute an account stated between under the Lender and the Borrowers unless the Lender receives specific written objection thereto from any Borrower within sixty (60) Business Days after such statement or reconciliation shall have been sent by the Lenderprovisions of this Agreement.

Appears in 1 contract

Samples: Financing and Security Agreement (Arguss Holdings Inc)

Revolving Loan Account. The Lender will establish and maintain a loan account on its books (the "Revolving Loan Account") to which the Lender will (a) debit (i) the principal amount of each advance under of the Revolving Loan made by the Lender hereunder as of the date made, (ii) the amount of any interest accrued on the Revolving Loan as and when due, and (iii) any other amounts due and payable by the Borrowers Borrower to the Lender from time to time under the provisions of this Agreement in connection with the Revolving Loan, including, without limitation, Enforcement Costs, Fees, late charges, and service, collection and audit fees, as and when due and payable, and (b) credit all payments made by the Borrowers Borrower to the Lender on account of the Revolving Loan as of the date made including, without limitation, funds credited to the Revolving Loan Account from the Collateral Account. The Lender may debit the Revolving Loan Account for the amount of any Item of Payment which is returned to the Lender unpaid. All credit entries to the Revolving Loan Account are conditional and shall be readjusted as of the date made if final and indefeasible payment is not received by the Lender in cash or solvent credits. Any and all monthly periodic or other statements or reconciliations, and the information contained in those statements or reconciliations, of the Revolving Loan Account furnished by the Lender to the Borrower shall, with respect to the Revolving Loan balance, the computation thereof, and debits and credits to the Revolving Loan Account, shall be presumed conclusively to be correctfinal, binding and shall constitute an account stated between conclusive upon the Lender and the Borrowers Borrower, unless the Lender receives specific written objection thereto from any the Borrower within sixty (60) Business Days after such statement or reconciliation shall have been sent by the Lender.

Appears in 1 contract

Samples: Financing and Security Agreement (Kimberton Enterprises Inc)

Revolving Loan Account. The Lender Agent will establish and maintain a loan account on its books (the "Revolving Loan Account") to which the Lender Agent will (a) debit DEBIT (i) the principal amount of each advance under the Revolving Loan made by the Lender Lenders hereunder as of the date made, (ii) the amount of any interest accrued on the Revolving Loan as and when due, and (iii) any other amounts due and payable by the Borrowers Borrower to the Lender Agent and/or the Lenders from time to time under the provisions of this Agreement in connection with the Revolving Loan, including, without limitation, Enforcement Costs, Fees, late charges, and service, collection and audit fees, as and when due and payable, and (b) credit CREDIT all payments made by the Borrowers Borrower to the Lender Agent on account of the Revolving Loan as of the date made including, without limitation, funds credited to the Revolving Loan Account from the Collateral Account. The Lender Agent may debit the Revolving Loan Account for the amount of any Item of Payment which that is returned to the Lender Agent unpaid. All credit entries to the Revolving Loan Account are conditional and shall be readjusted as of the date made if final and indefeasible payment is not received by the Lender Agent in cash or solvent credits. Any and all periodic or other statements or reconciliations, and the information contained in those statements or reconciliations, of the Revolving Loan Account shall be presumed conclusively to be correctfinal, binding and shall constitute an account stated between conclusive upon the Lender and the Borrowers Borrower in all respects, absent manifest error, unless the Lender Agent receives specific written objection thereto from any the Borrower within sixty ninety (6090) Business Days after such statement or reconciliation shall have been sent by the LenderAgent.

Appears in 1 contract

Samples: Financing and Security Agreement (O Ray Holdings Inc)

AutoNDA by SimpleDocs

Revolving Loan Account. The Lender will establish and maintain a loan account on its books (the "Revolving Loan Account") to which the Lender will (a) debit (i) the principal amount of each advance under of the Revolving Loan made by the Lender hereunder as of the date made, (ii) the amount of any interest accrued on the Revolving Loan as and when due, and (iii) any other amounts due and payable by any or all of the Borrowers to the Lender from time to time under the provisions of this Agreement in connection with the Revolving Loan, including, without limitation, Enforcement Costs, Fees, late charges, and service, collection and audit fees, as and when due and payable, and (b) credit all payments made by any and all of the Borrowers to the Lender on account of the Revolving Loan as of the date made including, without limitation, funds credited to the Revolving Loan Account from the Collateral Account. The Lender may debit the Revolving Loan Account for the amount of any Item of Payment which is returned to the Lender unpaid. All credit entries to the Revolving Loan Account are conditional and shall be readjusted as of the date made if final and indefeasible payment is not received by the Lender in cash or solvent credits. Any and all periodic or other statements or reconciliations, and the information contained in those statements or reconciliations, of the Revolving Loan Account shall be presumed conclusively to be correctfinal, binding and shall constitute an account stated between the Lender and the Borrowers conclusive upon each Borrower in all respects, absent manifest error, unless the Lender receives specific written objection thereto from any a Borrower within sixty thirty (6030) Business Days after such statement or reconciliation shall have been sent by the Lender.

Appears in 1 contract

Samples: Financing and Security Agreement (Flanders Corp)

Revolving Loan Account. The Lender will establish and (a) Subject to the provisions of paragraph (b) below, the Administrative Agent shall maintain a loan account Revolving Loan Account on its books in which each of the Companies will be charged with all Revolving Loans, L/C Obligations and Voluntary Overadvances made or delivered by the Administrative Agent to any of the Companies or for the account of any of the Companies, and with any other Obligations (the “Revolving Loan Account”) to other than Term Loans), including any and all costs, expenses and reasonable attorney's fees which the Lender Administrative Agent may incur in connection with the exercise by or for the Administrative Agent of any of the rights or powers herein or in any other Loan Document conferred upon the Administrative Agent, or in the prosecution or defense of any action or proceeding to enforce or protect any rights of any of the Agents, the Issuing Bank or any of the Lenders in connection with this Financing Agreement, the other Loan Documents or the Collateral assigned hereunder, or any Obligations. The Companies will be credited with all amounts received by the Administrative Agent and/or the Lenders (aor in respect of amounts owing to them hereunder, the Issuing Bank or the Agents) debit from the Companies or from others for the Companies' account, including, as above set forth, all amounts received by the Administrative Agent in payment of Accounts, and such amounts will be applied to payment of the Obligations as set forth herein. In no event shall prior recourse to any Accounts or other security granted to or by the Companies be a prerequisite to the Administrative Agent's right to demand payment of any Obligation. Further, it is understood that the Agents, the Issuing Bank and/or the Lenders shall have no obligation whatsoever to perform in any respect any of the Obligors' contracts or obligations relating to the Accounts. (b) In order to utilize the collective borrowing powers of the Companies (collectively the "Collective Borrowers") in the most efficient and economical manner, and in order to facilitate the handling of the accounts of the Collective Borrowers on the Administrative Agent's books, the Collective Borrowers have requested, and the Administrative Agent has agreed to handle accounts of the Collective Borrowers on the Administrative Agent's books on a combined basis, all in accordance with the following provisions: (i) In lieu of maintaining separate accounts on the principal amount Administrative Agent's books in the name of each advance of the Collective Borrowers, the Administrative Agent shall maintain one account under the Revolving Loan name: Harvard Industries et al (herein the "Collective Account"). Confirmatory assignments of Accounts will continue to be made to the Administrative Agent by each of the Collective Borrowers. Loans, L/C Obligations and Voluntary Overadvances made to any of the Collective Borrowers will be joint and several obligations of the Companies and charged to the Collective Account indicated above, along with any charges and expenses under this Financing Agreement made in relation to any of the Obligations. The Collective Account will be credited, with all amounts received by the Administrative Agent from any of the Collective Borrowers or from others for their account including all amounts received by the Administrative Agent in payment of Accounts assigned to the Administrative Agent as provided in this Financing Agreement. (ii) Each month the Administrative Agent will render to the Collective Borrowers one extract of the combined Collective Account, which shall be deemed to be an account stated as to each of the Collective Borrowers and which will be deemed correct and accepted by all of the Collective Borrowers unless the Administrative Agent receives a written statement of exceptions from them, through Harvard, within thirty (30) days after such extract has been rendered by the Administrative Agent. It is expressly understood and agreed by each of the Collective Borrowers that the Administrative Agent shall have no obligation to account separately to any of the Collective Borrowers. (iii) Requests for Loans, L/C Obligations and Voluntary Overadvances hereunder by the Administrative Agent on behalf of the Lenders and/or the Lenders may be made by Harvard as agent for the Collective Borrowers and the Administrative Agent is hereby authorized and directed to accept, honor and rely on such instructions and requests, subject to the limitation and provisions set forth in this Financing Agreement. It is expressly understood and agreed by each of the Collective Borrowers that none of the Agents, the Issuing Bank or the Lenders shall have any responsibility to inquire into the correctness of the apportionment, allocation, or disposition of (x) any Loans (including Overadvances), L/C Obligations made to any of the Collective Borrowers or (y) any of the expenses and charges of either Agent relating thereto. All loans and advances made by the Lender hereunder as Administrative Agent (on behalf of the date madeLenders, the Agents and the Issuing Bank) and/or the Lenders are made for the Collective Account. (iiiv) The Collective Borrowers jointly and severally and unconditionally guarantee to the amount Agents and the Lenders the prompt payment in full of (A) all Loans (including Overadvances) and L/C Obligations made and to be made hereunder by any interest accrued on Lender (directly or through the Revolving Loan Administrative Agent) to any of the Companies, as and when due, and well as (iiiB) any all other amounts due and payable by Obligations of the Collective Borrowers to the Lender Agents and/or the Lenders and hereby expressly confirm in all respects the agreements and instruments executed by each of the Collective Borrowers in any Agent's and/or the Lenders' favor as more fully set forth therein. (v) All Accounts assigned to the Administrative Agent for the benefit of the Lenders by any of the Collective Borrowers or any of their subsidiaries and any other collateral security now or hereafter given to the Administrative Agent and/or the Lenders by any of the Collective Borrowers or any of their subsidiaries (be it Accounts or 49 otherwise), shall secure all Loans (including Overadvances) and L/C Obligations made by the Lenders, directly or through the Administrative Agent, to any of the Collective Borrowers, and shall be deemed to be pledged to the Administrative Agent as security for any and all other Obligations and Guaranty Obligations to the Agents, the Issuing Bank and/or the Lenders as set forth under this Financing Agreement, or any other agreements between any Agent and/or the Lenders and any of the Collective Borrowers or Guarantors. (vi) The handling of the accounts of the Collective Borrowers in a combined fashion, as more fully set forth herein, is done solely as an accommodation to the Collective Borrowers and at their request, and the Agents, the Issuing Bank and Lenders shall incur no liability to the Collective Borrowers as a result hereof. It is expressly understood that the foregoing request was made because the Collective Borrowers are engaged in an integrated operation that requires financing on a basis permitting the availability of credit from time to time under to each of the provisions Collective Borrowers as required for the continued successful operation of this Agreement each of the Collective Borrowers. Each of the Collective Borrowers expects to derive benefit, directly or indirectly, from such availability since the successful operation of each of the Collective Borrowers is dependent on the continued successful performance of the functions of the integrated group. In addition, the Companies have informed the Agents and the Lenders that: (A) Harvard, in connection with order to increase the Revolving Loanefficiency and productivity of each of the other Collective Borrowers, includinghas centralized in itself a cash management system which entails, without limitationin part, Enforcement Costscentral disbursement and operating accounts in which it provides the working capital needs of each of the other Collective Borrowers and manages and timely pays the accounts payable of each of the other Collective Borrowers; (B) Harvard is further enhancing the operating efficiencies of the other Collective Borrowers by purchasing, Feesor causing to be purchased, late chargesin its name for its account all materials, supplies, inventory and service, collection and audit fees, as and when due and payable, and (b) credit all payments made services required by the other Collective Borrowers to which will result in reducing the Lender on account operating costs of the Revolving Loan as other Collective Borrowers; and (C) Since all of the date made including, without limitation, funds credited Collective Borrowers are now engaged in an integrated operation that requires financing on an integrated basis and since each Collective Borrower expects to the Revolving Loan Account benefit from the Collateral Account. The Lender may debit continued successful performance of such integrated operations and in order to best utilize the collective borrowing powers of each Collective Borrower in the most effective and cost efficient manner and to avoid adverse effects on the operating efficiencies of each Collective Borrower and the existing back-office practices of the Collective Borrowers, each Collective Borrower has requested that all Revolving Loan Account Loans (including Overadvances) and L/C Obligations be disbursed solely upon the request of Harvard and to bank accounts managed solely by Harvard and that Harvard will manage for the amount benefit of any Item each Collective Borrower the expenditure and usage of Payment which is returned to the Lender unpaid. All credit entries to the Revolving Loan Account are conditional and shall be readjusted as of the date made if final and indefeasible payment is not received by the Lender in cash or solvent credits. Any and all periodic or other statements or reconciliations, and the information contained in those statements or reconciliations, of the Revolving Loan Account shall be presumed conclusively to be correct, and shall constitute an account stated between the Lender and the Borrowers unless the Lender receives specific written objection thereto from any Borrower within sixty (60) Business Days after such statement or reconciliation shall have been sent by the Lenderfunds.

Appears in 1 contract

Samples: Financing Agreement (Harvard Industries Inc)

Revolving Loan Account. The Lender Agent will establish and maintain a loan account on its books (the “Revolving Loan Account”) to which the Lender Agent will (a) debit (i) the principal amount of each advance under the Revolving Loan made by the Lender Lenders hereunder as of the date made, (ii) the amount of any interest accrued on the Revolving Loan as and when due, and (iii) any other amounts due and payable by the Borrowers to the Lender Agent and/or the Lenders from time to time under the provisions of this Agreement in connection with the Revolving Loan, including, without limitation, Enforcement Costs, Fees, late charges, and service, collection and audit fees, as and when due and payable, and (b) credit all payments made by the Borrowers to the Lender Agent on account of the Revolving Loan as of the date made including, without limitation, funds credited to the Revolving Loan Account from the Collateral Accountmade. The Lender Agent may debit the Revolving Loan Account for the amount of any Item of Payment which that is returned to the Lender Agent unpaid. All credit entries to the Revolving Loan Account are conditional and shall be readjusted as of the date made if final and indefeasible payment is not received by the Lender Agent in cash or solvent credits. The Borrowers hereby promise to pay to the order of the Agent for the ratable benefit of the Lenders, ON DEMAND, an amount equal to the excess, if any, of all debit entries over all credit entries recorded in the Revolving Loan Account under the provisions of this Agreement. Any and all periodic or other statements or reconciliations, and the information contained in those statements or reconciliations, of the Revolving Loan Account shall be presumed conclusively to be correct, and shall constitute an account stated between the Lender Agent, the Lenders and the Borrowers unless the Lender Agent receives specific written objection thereto from any Borrower and/or any Lender within sixty thirty (6030) Business Days after such statement or reconciliation shall have been sent by the LenderAgent. Any and all periodic or other statements or reconciliations, and the information contained in those statements or reconciliations, of the Revolving Loan Account shall be final, binding and conclusive upon the Borrowers in all respects, absent manifest error, unless the Agent receives specific written objection thereto from the Borrowers within thirty (30) Business Days after such statement or reconciliation shall have been sent by the Agent.

Appears in 1 contract

Samples: Business Loan and Security Agreement (Vse Corp)

Revolving Loan Account. The Lender will shall establish and maintain maintain, in accordance with its usual and customary practice, on its books and records a loan account on its books evidencing all Liabilities to Lender outstanding from time to time under the Credit Facility (the “Revolving Loan Account”) to which the Lender will (a) debit shall (i) the principal amount of each advance debit all Advances (and other disbursements) made to Borrower under the Revolving Loan made by the Lender hereunder as of the date madeCredit Facility, (ii) the amount of any interest plus all interest, fees, charges and expenses accrued on the Revolving Loan as and when duethereon, and (iii) any and all other amounts due and payable to Lender by the Borrowers to the Lender Borrower from time to time under the provisions of this Agreement or any of the other Loan Documents in connection with the Revolving LoanCredit Facility, including, without limitation, Enforcement Costsany enforcement costs, fees (including, without limitation, the Fees), late charges, and service, collection and audit fees, as and when due and payable, and (bii) credit all payments made by the Borrowers Borrower to the Lender on account of any Liabilities under the Revolving Loan as Credit Facility and all proceeds of the date made including, without limitation, funds credited Collateral which are finally paid to Lender in respect of the Credit Facility. Borrower hereby irrevocably authorizes Lender to make such entries to Bxxxxxxx's Revolving Loan Account as heretofore described in this Section 2.15, and to record therein, from time to time, in accordance with Lxxxxx's customary accounting practices, such other debits and credits as Lender shall deem proper in connection with any Liabilities under the Collateral AccountCredit Facility, in all cases, without the prior consent of Borrower. The Lender may debit the Revolving Loan Account for the amount of any Item of Payment which is returned to the Lender unpaid. All Any such credit entries to the Revolving Loan Account are conditional and shall be readjusted as conditional upon final payment to Lender of the date made all items giving rise to such credit and, if final and indefeasible payment any item is not received by so paid, the Lender in cash credit for such item shall be reversed, whether or solvent credits. Any and all periodic or other statements or reconciliationsnot the item has been returned, and the information contained amount thereof, in those statements or reconciliationsLxxxxx's discretion, of may be charged to the Revolving Loan Account shall be presumed conclusively to be correct, and shall constitute an account stated between the Lender and the Borrowers unless the Lender receives specific written objection thereto from any Borrower within sixty (60) Business Days after such statement or reconciliation shall have been sent by the LenderPayment Collateral Account.

Appears in 1 contract

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

Revolving Loan Account. The Lender will establish and (a) Subject to the provisions of paragraph (b) below, the Administrative Agent shall maintain a loan account Revolving Loan Account on its books (in which each of the Borrowers will be charged with all Revolving Loan Account”) Loans, L/C Obligations and Voluntary Overadvances made or delivered by the Administrative Agent to any of the Borrowers or for the account of any of the Borrowers, and with any other Obligations, including any and all costs, expenses and reasonable attorney's fees which the Lender Administrative Agent may incur in connection with the exercise by or for the Administrative Agent of any of the rights or powers herein or in any other Loan Document conferred upon the Administrative Agent, or in the prosecution or defense of any action or proceeding to enforce or protect any rights of any of the Agents, the Issuing Bank or any of the Lenders in connection with this Agreement, the other Loan Documents or the Collateral assigned hereunder, or any Obligations. The Borrowers will be credited with all amounts received by the Administrative Agent and/or the Lenders (aor in respect of amounts owing to them hereunder, the Issuing Bank or the Agents) debit from the Borrowers or from others for the Borrowers' account, including, as above set forth, all amounts received by the Administrative Agent in payment of Accounts, and such amounts will be applied to payment of the Obligations as set forth herein. In no event shall prior recourse to any Accounts or other security granted to or by the Borrowers be a prerequisite to the Administrative Agent's right to demand payment of any Obligation. Further, it is understood that the Agents, the Issuing Bank and/or the Lenders shall have no obligation whatsoever to perform in any respect any of the Obligors' contracts or obligations relating to the Accounts. (b) In order to utilize the collective borrowing powers of the Borrowers (collectively the "Collective Borrowers") in the most efficient and economical manner, and in order to facilitate the handling of the accounts of the Collective Borrowers on the Administrative Agent's books, the Collective Borrowers have requested, and the Administrative Agent has agreed to handle accounts of the Collective Borrowers on the Administrative Agent's books on a combined basis, all in accordance with the following provisions: (i) In lieu of maintaining separate accounts on the principal amount Administrative Agent's books in the name of each advance of the Collective Borrowers, the Administrative Agent shall maintain one account under the Revolving Loan name: Harvard Industries et al (herein the "Collective Account"). Confirmatory assignments of Accounts will continue to be made to the Administrative Agent by each of the Collective Borrowers. Loans, L/C Obligations and Voluntary Overadvances made to any of the Collective Borrowers will be joint and several obligations of the Borrowers and charged to the Collective Account indicated above, along with any charges and expenses under this Agreement made in relation to any of the Obligations. The Collective Account will be credited, with all amounts received by the Administrative Agent from any of the Collective Borrowers or from others for their account including all amounts received by the Administrative Agent in payment of Accounts assigned to the Administrative Agent as provided in this Agreement. (ii) Each month the Administrative Agent will render to the Collective Borrowers one extract of the combined Collective Account, which shall be deemed to be an account stated as to each of the Collective Borrowers and which will be deemed correct and accepted by all of the Collective Borrowers unless the Administrative Agent receives a written statement of exceptions from them, through Harvard, within thirty (30) days after such extract has been rendered by the Administrative Agent. It is expressly understood and agreed by each of the Collective Borrowers that the Administrative Agent shall have no obligation to account separately to any of the Collective Borrowers. (iii) Requests for Loans, L/C Obligations and Voluntary Overadvances hereunder by the Administrative Agent on behalf of the Lenders and/or the Lenders may be made by Harvard as agent for the Collective Borrowers and the Administrative Agent is hereby authorized and directed to accept, honor and rely on such instructions and requests, subject to the limitation and provisions set forth in this Agreement. It is expressly understood and agreed by each of the Collective Borrowers that none of the Agents, the Issuing Bank or the Lenders shall have any responsibility to inquire into the correctness of the apportionment, allocation, or disposition of (x) any Loans (including any Overadvance), L/C Obligations made to any of the Collective Borrowers or (y) any of the expenses and charges of either Agent relating thereto. All loans and advances made by the Lender hereunder as Administrative Agent (on behalf of the date madeLenders, the Agents and the Issuing Bank) and/or the Lenders are made for the Collective Account. (iiiv) The Collective Borrowers jointly and severally and unconditionally guarantee to the amount Agents and the Lenders the prompt payment in full of (A) all Loans (including any interest accrued on Overadvances) and L/C Obligations made and to be made hereunder by any Lender (directly or through the Revolving Loan Administrative Agent) to any of the Borrowers, as and when due, and well as (iiiB) any all other amounts due and payable by Obligations of the Collective Borrowers to the Lender Agents and/or the Lenders and hereby expressly confirm in all respects the agreements and instruments executed by each of the Collective Borrowers in any Agent's and/or the Lenders' favor as more fully set forth therein. (v) All Accounts assigned to the Administrative Agent for the benefit of the Lenders by any of the Collective Borrowers or any of their subsidiaries and any other collateral security now or hereafter given to the Administrative Agent and/or the Lenders by any of the Collective Borrowers or any of their subsidiaries (be it Accounts or otherwise), shall secure all Loans (including any Overadvance) and L/C Obligations made by the Lenders, directly or through the Administrative Agent, to any of the Collective Borrowers, and shall be deemed to be pledged to the Administrative Agent as security for any and all other Obligations and Guaranty Obligations to the Agents, the Issuing Bank and/or the Lenders as set forth under this Agreement, or any other agreements between any Agent and/or the Lenders and any of the Collective Borrowers or Guarantors. (vi) The handling of the accounts of the Collective Borrowers in a combined fashion, as more fully set forth herein, is done solely as an accommodation to the Collective Borrowers and at their request, and the Agents, the Issuing Bank and Lenders shall incur no liability to the Collective Borrowers as a result hereof. It is expressly understood that the foregoing request was made because the Collective Borrowers are engaged in an integrated operation that requires financing on a basis permitting the availability of credit from time to time under to each of the provisions Collective Borrowers as required for the continued successful operation of this Agreement each of the Collective Borrowers. Each of the Collective Borrowers expects to derive benefit, directly or indirectly, from such availability since the successful operation of each of the Collective Borrowers is dependent on the continued successful performance of the functions of the integrated group. In addition, the Borrowers have informed the Agents and the Lenders that: (A) Harvard, in connection with order to increase the Revolving Loanefficiency and productivity of each of the other Collective Borrowers, includinghas centralized in itself a cash management system which entails, without limitationin part, Enforcement Costscentral disbursement and operating accounts in which it provides the working capital needs of each of the other Collective Borrowers and manages and timely pays the accounts payable of each of the other Collective Borrowers; (B) Harvard is further enhancing the operating efficiencies of the other Collective Borrowers by purchasing, Feesor causing to be purchased, late chargesin its name for its account all materials, supplies, inventory and service, collection and audit fees, as and when due and payable, and (b) credit all payments made services required by the other Collective Borrowers to which will result in reducing the Lender on account operating costs of the Revolving Loan as other Collective Borrowers; and (C) Since all of the date made including, without limitation, funds credited Collective Borrowers are now engaged in an integrated operation that requires financing on an integrated basis and since each Collective Borrower expects to the Revolving Loan Account benefit from the Collateral Account. The Lender may debit continued successful performance of such integrated operations and in order to best utilize the collective borrowing powers of each Collective Borrower in the most effective and cost efficient manner and to avoid adverse effects on the operating efficiencies of each Collective Borrower and the existing back-office practices of the Collective Borrowers, each Collective Borrower has requested that all Revolving Loan Account Loans and L/C Obligations be disbursed solely upon the request of Harvard and to bank accounts managed solely by Harvard and that Harvard will manage for the amount benefit of any Item each Collective Borrower the expenditure and usage of Payment which is returned to the Lender unpaid. All credit entries to the Revolving Loan Account are conditional and shall be readjusted as of the date made if final and indefeasible payment is not received by the Lender in cash or solvent credits. Any and all periodic or other statements or reconciliations, and the information contained in those statements or reconciliations, of the Revolving Loan Account shall be presumed conclusively to be correct, and shall constitute an account stated between the Lender and the Borrowers unless the Lender receives specific written objection thereto from any Borrower within sixty (60) Business Days after such statement or reconciliation shall have been sent by the Lenderfunds.

Appears in 1 contract

Samples: Secured Debtor in Possession Financing Agreement (Harvard Industries Inc)

Revolving Loan Account. The Lender Agent will establish and maintain a loan account on its books (the "Revolving Loan Account") to which the Lender Agent will (a) debit (i) the principal amount of each advance under the Revolving Loan made by the Lender Formula Lenders hereunder as of the date made, (ii) the amount of any interest accrued on the Revolving Loan as and when due, and (iii) any other amounts due and payable by the Borrowers Borrower to the Lender Agent and/or Lenders from time to time under the provisions of this Agreement in connection with the Revolving LoanLoan and the other Obligations, including, without limitation, Enforcement Costs, Fees, late charges, and service, collection and audit fees, as and when due and payable, fees and (b) credit all payments made by the Borrowers Borrower to the Lender Agent on account of the Revolving Loan Loan, subject to Section 2.1.8, as of the date made including, without limitation, subject to Section 2.1.8, funds credited to the Revolving Loan Account from the Collateral Account. The Lender Agent may debit the Revolving Loan Account for the amount of any Item of Payment which is returned to the Lender Agent unpaid. All credit entries to the Revolving Loan Account are conditional and shall be readjusted as of the date made if final and indefeasible payment is not received by the Lender Agent in cash or solvent credits. The Borrower hereby promises to pay to the order of the Agent for the benefit of the Lenders, on the Revolving Credit Termination Date, an amount equal to the excess, if any, of all debit entries over all credit entries recorded in the Revolving Loan Accounts under the provisions of this Agreement. Any and all periodic or other statements or reconciliations, and the information contained in those statements or reconciliations, of the Revolving Loan Account shall be presumed conclusively to be correctfinal, binding and conclusive upon the Borrower in all respects, absent manifest error, and shall constitute an account stated between the Lender Agent, the Lenders and the Borrowers Borrower unless the Lender Agent receives specific written objection thereto from the Borrower and/or any Borrower Lender within sixty thirty (6030) Business Days days after such statement or reconciliation shall have been sent by the LenderAgent.

Appears in 1 contract

Samples: Financing and Security Agreement (Reunion Industries Inc)

Revolving Loan Account. The Lender Agent will establish and maintain a loan account on its books (the "Revolving Loan Account") to which the Lender Agent will (a) debit (i) the principal amount of each advance under the Revolving Loan made by the Lender Lenders hereunder as of the date made, (ii) the amount of any interest accrued on the Revolving Loan as and when due, and (iii) any other amounts due and payable by the Borrowers to the Lender Agent and/or the Lenders from time to time under the provisions of this Agreement in connection with the Revolving Loan, including, without limitation, Enforcement Costs, Fees, late charges, and service, collection and audit fees, as and when due and payable, and (b) credit all payments made by the Borrowers to the Lender Agent on account of the Revolving Loan as of the date made including, without limitation, funds credited to the Revolving Loan Account from the Collateral Accountmade. The Lender Agent may debit the Revolving Loan Account for the amount of any Item of Payment which that is returned to the Lender Agent unpaid. All credit entries to the Revolving Loan Account are conditional and shall be readjusted as of the date made if final and indefeasible payment is not received by the Lender Agent in cash or solvent credits. The Borrowers hereby promise to pay to the order of the Agent for the ratable benefit of the Lenders, ON DEMAND, an amount equal to the excess, if any, of all debit entries over all credit entries recorded in the Revolving Loan Account under the provisions of this Agreement. Any and all periodic or other statements or reconciliations, and the information contained in those statements or reconciliations, of the Revolving Loan Account shall be presumed conclusively to be correct, and shall constitute an account stated between the Lender Agent, the Lenders and the Borrowers unless the Lender Agent receives specific written objection thereto from any Borrower and/or any Lender within sixty thirty (6030) Business Days after such statement or reconciliation shall have been sent by the LenderAgent. Any and all periodic or other statements or reconciliations, and the information contained in those statements or reconciliations, of the Revolving Loan Account shall be final, binding and conclusive upon the Borrowers in all respects, absent manifest error, unless the Agent receives specific written objection thereto from the Borrowers within thirty (30) Business Days after such statement or reconciliation shall have been sent by the Agent.

Appears in 1 contract

Samples: Business Loan and Security Agreement (Vse Corp)

Revolving Loan Account. The Lender will establish and maintain a loan account on its books (the “Revolving Loan Account”) to which the Lender will (a) debit (i) the principal amount of each advance under the Revolving Loan Any withdrawal or payment is made by the Lender hereunder as of the date made, (ii) the amount of any interest accrued on the Revolving Loan as and when due, and (iii) any other amounts due and payable by the Borrowers to the Lender from time to time under the provisions of this Agreement in connection with the Revolving Loan, including, without limitation, Enforcement Costs, Fees, late charges, and service, collection and audit fees, as and when due and payable, and (b) credit all payments made by the Borrowers to the Lender on account of the Revolving Loan as of the date made including, without limitation, funds credited to the Revolving Loan Account from other than repayments of Revolving Credit Loans to the Collateral Account. The Lender may debit Administrative Agent for the benefit of the Revolving Lenders or (ii) permit the balance in the Revolving Loan Account for is, at any time, less than the aggregate amount of any Item of Payment which is returned to the Lender unpaid. All credit entries to the outstanding Revolving Loan Account are conditional and shall be readjusted as Credit Loans." (v) Section 8.03 of the date made if final First Lien Credit Agreement is hereby amended as follows: (i) by making the "A" in the first word "After" lowercase and indefeasible by adding the following new clause immediately following the heading "Application of Funds" and at the beginning of the first sentence of such section: "Upon the occurrence and during the continuance of an Event of Default, and/or" (ii) by restating everything after the "Third" clause therein as follows: "Fourth, to payment is not received by of that portion of the Lender in cash or solvent credits. Any and all periodic or other statements or reconciliations, and the information contained in those statements or reconciliations, Obligations constituting unpaid principal of the Revolving Loan Account Credit Loans, ratably among the Revolving Credit Lenders in proportion to the respective amounts described in this clause Fourth held by them; Fifth, to payment of that portion of the Obligations constituting unpaid principal of the Term Loans, the L/C Borrowings and amounts owing under Secured Hedge Agreements and Secured Cash Management Agreements, ratably among the Lenders, the Hedge Banks and the Cash Management Banks in proportion to the respective amounts described in this clause Fifth held by them; Sixth, to the Administrative Agent for the account of the L/C Issuer, to Cash Collateralize that portion of L/C Obligations comprised of the aggregate undrawn amount of Letters of Credit; and Last, the balance, if any, after all of the Obligations have been indefeasibly paid in full, to the Borrowers or as otherwise required by Law. Subject to Section 2.03(c), amounts used to Cash Collateralize the aggregate undrawn amount of Letters of Credit pursuant to clause Sixth above shall be presumed conclusively applied to satisfy drawings under such Letters of Credit as they occur. If any amount remains on deposit as Cash Collateral after all Letters of Credit have either been fully drawn or expired, such remaining amount shall be correctapplied to the other Obligations, if any, in the order set forth above." (w) Section 10.01(f) is hereby amended by inserting the words "or the priority of repayment of the Revolving Credit Loans without the written consent of each Revolving Credit Lender" immediately prior to the "or (ii)" in the second line of such section. (x) Exhibits D and shall constitute an account stated between F of the Lender First Lien Credit Agreement are hereby amended and restated in their entirety by replacing the Borrowers unless existing Exhibits D and F with the Lender receives specific written objection thereto from any Borrower within sixty (60) Business Days after such statement or reconciliation shall have been sent by the Lender.new exhibits attached hereto as Exhibit A.

Appears in 1 contract

Samples: First Lien Credit Agreement (Prospect Medical Holdings Inc)

Revolving Loan Account. The Lender Agent will establish and maintain a loan account on its books (the "Revolving Loan Account") to which the Lender Agent will (a) debit DEBIT (i) the principal amount of each advance under the Revolving Loan made by the Lender Lenders hereunder as of the date made, (ii) the amount of any interest accrued on the Revolving Loan as and when due, and (iii) any other amounts due and payable by the Revolving Credit Borrowers to the Lender Agent and/or the Lenders from time to time under the provisions of this Agreement in connection with the Revolving Loan, including, without limitation, Administrative Costs, Enforcement Costs, Fees, late charges, and service, collection and audit fees, as and when due and payable, and (b) credit CREDIT all payments made by the Revolving Credit Borrowers to the Lender Agent on account of the Revolving Loan as of the date made including, without limitation, funds credited to the Revolving Loan Account from the Collateral Account. The Lender Agent may debit the Revolving Loan Account for the amount of any Item of Payment which is returned to the Lender Agent unpaid. All credit entries to the Revolving Loan Account are conditional and shall be readjusted as of the date made if final and indefeasible payment is not received by the Lender Agent in cash or solvent credits. The Revolving Credit Borrowers hereby promise to pay to the order of the Agent for the ratable benefit of the Lenders, on the Revolving Credit Termination Date, an amount equal to the excess, if any, of all debit entries over all credit entries recorded in the Revolving Loan Account under the provisions of this Agreement. Any and all periodic or other statements or reconciliations, and the information contained in those statements or reconciliations, of the Revolving Loan Account shall be presumed conclusively to be correct, and shall constitute an account stated between the Lender Agent, the Lenders and the Revolving Credit Borrowers unless the Lender Agent receives specific written objection thereto from any Revolving Credit Borrower and/or any Lender within sixty thirty (6030) Business Days after such statement or reconciliation shall have been sent by the LenderAgent. Any and all periodic or other statements or reconcilia tions, and the information contained in those statements or reconciliations, of the Revolving Loan Account shall be final, binding and conclusive upon the Revolving Credit Borrowers in all respects, absent manifest error, unless the Agent receives specific written objection thereto from the Revolving Credit Borrowers within thirty (30) Business Days after such statement or reconciliation shall have been sent by the Agent.

Appears in 1 contract

Samples: Financing and Security Agreement (First Alert Inc)

Revolving Loan Account. The Lender Agent will establish and maintain a loan account on its books (the "Revolving Loan Account") to which the Lender Agent will (a) debit (i) the principal amount of each advance under the Revolving Loan made by the Lender Lenders hereunder as of the date made, (ii) the amount of any interest accrued on the Revolving Loan as and when due, and (iii) any other amounts due and payable by the Borrowers Borrower to the Lender Agent and/or the Lenders from time to time under the provisions of this Agreement in connection with the Revolving Loan, including, without limitation, Enforcement Costs, Fees, late charges, and service, collection and audit fees, as and when due and payable, and (b) credit all payments made by the Borrowers Borrower to the Lender Agent on account of the Revolving Loan as of the date made including, without limitation, funds credited to the Revolving Loan Account from the Collateral Account. The Lender Agent may debit the Revolving Loan Account for the amount of any Item of Payment which that is returned to the Lender Agent unpaid. All credit entries to the Revolving Loan Account are conditional and shall be readjusted as of the date made if final and indefeasible payment is not received by the Lender Agent in cash or solvent credits. The Borrower hereby promises to pay to the order of the Agent for the ratable benefit of the Lenders, on the Revolving Credit Termination Date, an amount equal to the excess, if any, of all debit entries over all credit entries recorded in the Revolving Loan Account under the provisions of this Agreement. Any and all periodic or other statements or reconciliations, and the information contained in those statements or reconciliations, of the Revolving Loan Account shall be presumed conclusively to be correct, and shall constitute an account stated between the Lender Agent, the Lenders and the Borrowers Borrower unless the Lender Agent receives specific written objection thereto from the Borrower and/or any Borrower Lender within sixty thirty (6030) Business Days after such statement or reconciliation shall have been sent by the LenderAgent. Any and all periodic or other statements or reconciliations, and the information contained in those statements or reconciliations, of the Revolving Loan Account shall be final, binding and conclusive upon the Borrower in all respects, absent manifest error, unless the Agent receives specific written objection thereto from the Borrower within thirty (30) Business Days after such statement or reconciliation shall have been sent by the Agent.

Appears in 1 contract

Samples: Financing and Security Agreement (BPC Holding Corp)

Revolving Loan Account. The Lender Agent will establish and maintain a loan account on its books (the "Revolving Loan Account") to which the Lender Agent will (a) debit DEBIT (i) the principal amount of each advance under the Revolving Loan made by the Lender Lenders hereunder as of the date made, (ii) the amount of any interest accrued on the Revolving Loan as and when due, and (iii) any other amounts due and payable by the Borrowers Borrower to the Lender Agent and/or the Lenders from time to time under the provisions of this Agreement in connection with the Revolving Loan, including, without limitation, Enforcement Costs, Fees, late charges, and service, collection and audit fees, as and when due and payable, and (b) credit CREDIT all payments made by the Borrowers Borrower to the Lender Agent on account of the Revolving Loan as of the date made including, without limitation, funds credited to the Revolving Loan Account from the Collateral Account. The Lender Agent may debit the Revolving Loan Account for the amount of any Item of Payment which that is returned to the Lender Agent unpaid. All credit entries to the Revolving Loan Account are conditional and shall be readjusted as of the date made if final and indefeasible payment is not received by the Lender Agent in cash or solvent credits. The Borrower hereby promises to pay to the order of the Agent for the ratable benefit of the Lenders, on the Revolving Credit Termination Date, an amount equal to the excess, if any, of all debit entries over all credit entries recorded in the Revolving Loan Account under the provisions of this Agreement. Any and all periodic or other statements or reconciliations, and the information contained in those statements or reconciliations, of the Revolving Loan Account shall be presumed conclusively to be correct, and shall constitute an account stated between the Lender Agent, the Lenders and the Borrowers Borrower unless the Lender Agent receives specific written objection thereto from the Borrower and/or any Borrower Lender within sixty thirty (6030) Business Days after such statement or reconciliation shall have been sent by the LenderAgent. Any and all periodic or other statements or reconciliations, and the information contained in those statements or reconciliations, of the Revolving Loan Account shall be final, binding and conclusive upon the Borrower in all respects, absent manifest error, unless the Agent receives specific written objection thereto from the Borrower within thirty (30) Business Days after such statement or reconciliation shall have been sent by the Agent.

Appears in 1 contract

Samples: Financing and Security Agreement (Norwich Injection Moulders LTD)

Revolving Loan Account. The Lender will establish and maintain a loan account on its books (the "Revolving Loan Account") to which the Lender will (a) debit DEBIT (i) the principal amount of each advance under the Revolving Loan made by the Lender hereunder as of the date made, (ii) the amount of any interest accrued on the Revolving Loan as and when due, and (iii) any other amounts due and payable by the Borrowers to the Lender from time to time under the provisions of this Agreement in connection with the Revolving Loan, including, without limitation, Enforcement Costs, Fees, late charges, and service, collection and audit fees, as and when due and payable, and (b) credit all payments made by the Borrowers to the Lender on account of the Revolving Loan as of the date made including, without limitation, funds (if any) credited to the Revolving Loan Account from the Collateral Account. The Lender may debit the Revolving Loan Account for the amount of any Item of Payment which is returned to the Lender unpaid. All credit entries to the Revolving Loan Account are conditional and shall be readjusted as of the date made if final and indefeasible payment is not received by the Lender in cash or solvent credits. Any and all periodic or other statements or reconciliations, and the information contained . (e) Section 2.1.12 (REQUIRED AVAILABILITY UNDER THE REVOLVING CREDIT FACILITY) is hereby deleted in those statements or reconciliations, its entirety. (f) Section 2.2.1 (LETTERS OF CREDIT) of the Revolving Loan Account shall be presumed conclusively to be correct, Financing Agreement is hereby amended and shall constitute an account stated between the Lender and the Borrowers unless the Lender receives specific written objection thereto from any Borrower within sixty (60) Business Days after such statement or reconciliation shall have been sent by the Lender.restated in its entirety as follows:

Appears in 1 contract

Samples: Financing and Security Agreement (Paradise Color Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!