Statement of Account. Agent shall maintain, in accordance with its customary procedures, a loan account (“Borrowers’ Account”) in the name of Borrowers in which shall be recorded the date and amount of each Advance made by Agent or Lenders and the date and amount of each payment in respect thereof; provided, however, the failure by Agent to record the date and amount of any Advance shall not adversely affect Agent or any Lender. Each month, Agent shall send to Borrowing Agent a statement showing the accounting for the Advances made, payments made or credited in respect thereof, and other transactions between Agent, Xxxxxxx and Borrowers during such month. The monthly statements shall be deemed correct and binding upon Borrowers in the absence of manifest error and shall constitute an account stated between Xxxxxxx and Borrowers unless Agent receives a written statement of Borrowers’ specific exceptions thereto within thirty (30) days after such statement is received by Borrowing Agent. The records of Agent with respect to Xxxxxxxxx’ Account shall be conclusive evidence absent manifest error of the amounts of Advances and other charges thereto and of payments applicable thereto.
Appears in 17 contracts
Samples: Revolving Credit and Security Agreement (Quantum Corp /De/), Revolving Credit and Security Agreement (Ugi Corp /Pa/), Revolving Credit, Term Loan, Guaranty and Security Agreement (Dril-Quip Inc)
Statement of Account. Agent shall maintain, in accordance with its customary procedures, a loan account (“Borrowers’ Account”) in the name of Borrowers in which shall be recorded the date and amount of each Advance made by Agent or Lenders and the date and amount of each payment in respect thereof; provided, however, the failure by Agent to record the date and amount of any Advance shall not adversely affect Agent or any Lender. Each month, Agent shall send to Borrowing Agent a statement showing the accounting for the Advances made, payments made or credited in respect thereof, and other transactions between Agent, Xxxxxxx Lenders and Borrowers during such month. The monthly statements shall be deemed correct and binding upon Borrowers in the absence of manifest error and shall constitute an account stated between Xxxxxxx Lenders and Borrowers unless Agent receives a written statement of Borrowers’ specific exceptions thereto within thirty (30) days after such statement is received by Borrowing Agent. The records of Agent with respect to XxxxxxxxxBorrowers’ Account shall be conclusive evidence absent manifest error of the amounts of Advances and other charges thereto and of payments applicable thereto.
Appears in 4 contracts
Samples: Revolving Credit and Security Agreement (Quantum Corp /De/), Revolving Credit and Security Agreement (Virco MFG Corporation), Revolving Credit and Security Agreement (Quantum Corp /De/)
Statement of Account. Agent shall maintain, in accordance with its customary procedures, a loan account (the “Borrowers’ Borrower’s Account”) in the name of Borrowers Borrower in which shall be recorded the date and amount of each Advance made by Agent or Lenders and the date and amount of each payment in respect thereof; provided, however, the failure by Agent to record the date and amount of any Advance shall not adversely affect Agent or any Lender. Each month, Agent shall send to Borrowing Agent Borrower a statement showing the accounting for the Advances made, payments made or credited in respect thereof, and other transactions between Agent, Xxxxxxx and Borrowers Borrower during such month. The monthly statements shall be deemed correct and binding upon Borrowers Borrower in the absence of manifest error and shall constitute an account stated between Xxxxxxx and Borrowers Borrower unless Agent receives a written statement of Borrowers’ Xxxxxxxx’s specific exceptions thereto within thirty (30) days after such statement is received by Borrowing AgentXxxxxxxx. The records of Agent with respect to Xxxxxxxxx’ Xxxxxxxx’s Account shall be conclusive evidence absent manifest error of the amounts of Advances and other charges thereto and of payments applicable thereto.
Appears in 3 contracts
Samples: Loan and Security Agreement (Veeco Instruments Inc), Loan and Security Agreement (Marketwise, Inc.), Loan and Security Agreement (Veeco Instruments Inc)
Statement of Account. Agent shall maintain, in accordance with its customary procedures, a loan account (“"Borrowers’ ' Account”") in the name of Borrowers in which shall be recorded the date and amount of each Advance made by Agent or the Lenders and the date and amount of each payment in respect thereof; provided, however, the failure by Agent to record the date and amount of any Advance shall not adversely affect Agent or any Lender. Each month, Agent shall send to Borrowing Agent a statement showing the accounting for the Advances made, payments made or credited in respect thereof, and other transactions between Agentthe Lenders and Borrowers, Xxxxxxx and Borrowers during such month. The monthly statements shall be deemed correct and binding upon Borrowers in the absence of manifest error and shall constitute an account stated between Xxxxxxx the Lenders and Borrowers unless Agent receives a written statement of Borrowers’ ' specific exceptions thereto within thirty (30) days after such statement is received by Borrowing Agent. The records of Agent with respect to Xxxxxxxxx’ Account the loan account shall be conclusive evidence absent manifest error of the amounts of Advances and other charges thereto and of payments applicable thereto.
Appears in 2 contracts
Samples: Loan and Security Agreement (Bucyrus International Inc), Loan and Security Agreement (Bucyrus International Inc)
Statement of Account. Agent shall maintain, in accordance with its customary procedures, a loan account (the “Borrowers’ Borrower’s Account”) in the name of Borrowers Borrower in which shall be recorded the date and amount of each Advance made by Agent or Lenders and the date and amount of each payment in respect thereof; provided, however, the failure by Agent to record the date and amount of any Advance shall not adversely affect Agent or any Lender. Each month, Agent shall send to Borrowing Agent Borrower a statement showing the accounting for the Advances made, payments made or credited in respect thereof, and other transactions between Agent, Xxxxxxx Lenders and Borrowers Borrower during such month. The monthly statements shall be deemed correct and binding upon Borrowers Borrower in the absence of manifest error and shall constitute an account stated between Xxxxxxx Lenders and Borrowers Borrower unless Agent receives a written statement of Borrowers’ Borrower’s specific exceptions thereto within thirty (30) days after such statement is received by Borrowing AgentBorrower. The records of Agent with respect to Xxxxxxxxx’ Borrower’s Account shall be conclusive evidence absent manifest error of the amounts of Advances and other charges thereto and of payments applicable thereto.
Appears in 2 contracts
Samples: Loan and Security Agreement (Veeco Instruments Inc), Loan and Security Agreement (Marketwise, Inc.)
Statement of Account. Agent shall maintain, in accordance with its customary procedures, a loan account (“"Borrowers’ ' Account”") in the name of Borrowers in which shall be recorded the date and amount of each Advance made by Agent or Lenders and the date and amount of each payment in respect thereof; provided, however, the failure by Agent to record the date and amount of any Advance shall not adversely affect Agent or any Lender. Each month, Agent shall send to Borrowing Agent a statement showing the accounting for the Advances made, payments made or credited in respect thereof, and other transactions between Agent, Xxxxxxx Lenders and Borrowers during such month. The monthly statements shall be deemed correct and binding upon Borrowers in the absence of manifest error and shall constitute an account stated between Xxxxxxx Lenders and Borrowers unless Agent receives a written statement of Borrowers’ ' specific exceptions thereto within thirty (30) days after such statement is received by Borrowing Agent. The records of Agent with respect to Xxxxxxxxx’ Borrowers' Account shall be conclusive evidence absent manifest error of the amounts of Advances and other charges thereto and of payments applicable thereto.
Appears in 2 contracts
Samples: Revolving Credit and Security Agreement (Great Lakes Dredge & Dock CORP), Revolving Credit and Security Agreement (Great Lakes Dredge & Dock CORP)
Statement of Account. Agent shall maintain, in accordance with -------------------- its customary procedures, a loan account (“Borrowers’ Account”) in the name of Borrowers each Borrower in which shall be recorded the date and amount of each Advance made by Agent or Lenders and the date and amount of each payment in respect thereof; provided, however, the -------- ------- failure by Agent to record the date and amount of any Advance shall not adversely affect Agent or any Lender. Each month, Agent shall send to Borrowing Agent a statement showing the accounting for the Advances made, payments made or credited in respect thereof, and other transactions between AgentLenders and each Borrower, Xxxxxxx and Borrowers during such month. The monthly statements shall be deemed correct and binding upon Borrowers in the absence of manifest error and shall constitute an account stated between Xxxxxxx Lenders and Borrowers unless Agent receives a written statement of Borrowers’ a Borrower's specific exceptions thereto within thirty (30) days after such statement is received by Borrowing Agent. The records of Agent with respect to Xxxxxxxxx’ Account the loan account shall be conclusive prima facie evidence absent manifest error of the amounts of ----- ----- Advances and other charges thereto and of payments applicable thereto, absent manifest error.
Appears in 2 contracts
Samples: Revolving Credit and Security Agreement (Styrochem International LTD), Revolving Credit and Security Agreement (Styrochem International Inc)
Statement of Account. Agent shall maintain, in accordance with its customary procedures, a loan account (“Borrowers’ Account”) in the name of Borrowers in which shall be recorded the date and amount of each Advance made by Agent or Lenders any Lender and the date and amount of each payment in respect thereof; provided, however, the failure by Agent to record the date and amount of any Advance shall not adversely affect Agent or any Lender. Each month, Agent shall send to Borrowing Agent a statement showing the accounting for the Advances made, payments made or credited in respect thereof, and other transactions between Agent, Xxxxxxx Agent and Borrowers during such month. The monthly statements shall be deemed correct and binding upon Borrowers in the absence of manifest error and shall constitute an account stated between Xxxxxxx Lenders and Borrowers unless Agent receives a written statement of Borrowers’ specific exceptions thereto within thirty (30) days after such statement is received by Borrowing Agent. The records of Agent with respect to Xxxxxxxxx’ Account the loan account shall be conclusive evidence absent manifest error of the amounts of Advances and other charges thereto and of payments applicable thereto.
Appears in 2 contracts
Samples: Revolving Credit and Security Agreement (Aventine Renewable Energy Holdings Inc), Revolving Credit and Security Agreement (Aventine Renewable Energy Holdings Inc)
Statement of Account. Agent shall maintain, in accordance with its customary procedures, a loan account (“"Borrowers’ ' Account”") in the name of Borrowers in which shall be recorded the date and amount of each Advance made by Agent or Lenders and the date and amount of each payment in respect thereof; providedPROVIDED, howeverHOWEVER, the failure by Agent to record the date and amount of any Advance shall not adversely affect Agent or any Lender. Each month, Agent shall send to Borrowing Agent a statement showing the accounting for the Advances made, payments made or credited in respect thereof, and other transactions between AgentAgent and Borrowers, Xxxxxxx and Borrowers during such month. The monthly statements shall be deemed correct and binding upon Borrowers in the absence of manifest error and shall constitute an account stated between Xxxxxxx Lenders and Borrowers unless Agent receives a written statement of Borrowers’ ' specific exceptions thereto within thirty (30) days after such statement is received by Borrowing Agent. The records of Agent with respect to Xxxxxxxxx’ Account the loan account shall be conclusive evidence absent manifest error of the amounts of Advances and other charges thereto and of payments applicable thereto.
Appears in 2 contracts
Samples: Revolving Credit and Security Agreement (Frontstep Inc), Revolving Credit, Term Loan and Security Agreement (Lesco Inc/Oh)
Statement of Account. Agent shall maintain, in accordance with its customary procedures, a loan account (“the "Borrowers’ ' Account”") in the name of Borrowers in which shall be recorded the date and amount of each Advance made by Agent or Lenders and the date and amount of each payment in respect thereof; provided, however, the failure by Agent to record the date and amount of any Advance shall not adversely affect Agent or any Lender. Each month, Agent shall send to Borrowing Agent a statement showing the accounting for the Advances made, payments made or credited in respect thereof, and other transactions between AgentLenders and Borrowers, Xxxxxxx and Borrowers during such month. The monthly statements shall be deemed correct and binding upon Borrowers in the absence of manifest error and shall constitute an account stated between Xxxxxxx Lenders and Borrowers Borrower unless Agent receives a written statement of Borrowers’ ' specific exceptions thereto within thirty (30) days after such statement is received by Borrowing Agent. The records of Agent with respect to Xxxxxxxxx’ Account the loan account shall be conclusive evidence absent manifest error of the amounts of Advances and other charges thereto and of payments applicable thereto.
Appears in 1 contract
Samples: Loan and Security Agreement (Brown Jordan International Inc)
Statement of Account. Agent shall maintain, in accordance with its customary procedures, a loan account (“Borrowers’ Account”) in the name of Borrowers in which shall be recorded the date and amount of each Advance made by Agent or Lenders and the date and amount of each payment in respect thereof; provided, however, the failure by Agent to record the date and amount of any Advance shall not adversely affect Agent or any Lender. Each month, Agent shall send to Borrowing Agent a statement showing the accounting for the Advances made, payments made or credited in respect thereof, and other transactions between Agent, Xxxxxxx and Borrowers during such month. The monthly statements shall be deemed correct and binding upon Borrowers in the absence of manifest error and shall constitute an account stated between Xxxxxxx and Borrowers unless Agent receives a written statement of Borrowers’ specific exceptions thereto within thirty (30) days after such statement is received by Borrowing Agent. The records of Agent with respect to Xxxxxxxxx’ Account the loan account shall be conclusive evidence absent manifest error of the amounts of Advances and other charges thereto and of payments applicable thereto.
Appears in 1 contract
Samples: Credit and Security Agreement
Statement of Account. Agent shall maintain, in accordance with its customary procedures, a loan account (“Borrowers’ Account”) in the name of Borrowers in which shall be recorded the date and amount of each Advance made by Agent or Lenders and the date and amount of each payment in respect thereof; provided, however, the failure by Agent to record the date and amount of any Advance shall not adversely affect Agent or any Lender. Each month, Agent shall send to Borrowing Agent a statement showing the accounting for the Advances made, payments made or credited in respect thereof, and other transactions between Agent, Xxxxxxx Lenders and Borrowers during such month. The monthly statements shall be deemed correct and binding upon Borrowers in the absence of manifest demonstrable error and shall constitute an account stated between Xxxxxxx Lenders and Borrowers unless Agent receives a written statement of Borrowers’ specific exceptions thereto within thirty (30) days after such statement is received by Borrowing Agent. The records of Agent with respect to XxxxxxxxxBorrowers’ Account shall be conclusive evidence absent manifest demonstrable error of the amounts of Advances and other charges thereto and of payments applicable thereto.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Perma-Pipe International Holdings, Inc.)
Statement of Account. Agent shall maintain, in accordance with -------------------- its customary procedures, a loan account (“"Borrowers’ ' Account”") in the name of Borrowers in which shall be recorded the date and amount of each Advance made by Agent or Lenders and the date and amount of each payment in respect thereof; provided, -------- however, the failure by Agent to record the date and amount of any Advance shall ------- not adversely affect Agent or any Lender. Each month, Agent shall send to Borrowing Agent a statement showing the accounting for the Advances made, payments made or credited in respect thereof, and other transactions between AgentAgent and Borrowers, Xxxxxxx and Borrowers during such month. The monthly statements shall be deemed correct and binding upon Borrowers in the absence of manifest error and shall constitute an account stated between Xxxxxxx Lenders and Borrowers unless Agent receives a written statement of Borrowers’ ' specific exceptions thereto within thirty (30) days after such statement is received by Borrowing Agent. The records of Agent with respect to Xxxxxxxxx’ Account the loan account shall be conclusive evidence absent manifest error of the amounts of Advances and other charges thereto and of payments applicable thereto.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Air Methods Corp)
Statement of Account. Agent shall maintain, in accordance with its customary procedures, a loan account (“"Borrowers’ ' Account”") in the name of Borrowers in which shall be recorded the date and amount of each Advance made by Agent or Lenders and the date and amount of each payment in respect thereof; provided, however, the failure by Agent to record the date and amount of any Advance shall not adversely affect Agent or any Lender. Each month, Agent shall send to Borrowing Agent a statement showing the accounting for the Advances made, payments made or credited in respect thereof, and other transactions between AgentLenders and Borrowers, Xxxxxxx and Borrowers during such month. The monthly statements stxxxxxxxs shall be deemed correct and binding upon Borrowers in the absence of manifest error and shall constitute an account stated between Xxxxxxx Lenders and Borrowers unless Agent receives a written statement staxxxxxx of Borrowers’ ' specific exceptions thereto within thirty (30) days after such statement is received by Borrowing Agent. The records of Agent with respect to Xxxxxxxxx’ Account the loan account shall be conclusive evidence absent manifest error of the amounts of Advances and other charges thereto and of payments applicable thereto.
Appears in 1 contract
Samples: Loan and Security Agreement (Bucyrus International Inc)
Statement of Account. Agent shall maintain, in accordance with its customary procedures, a loan account (“Borrowers’ Account”) in the name of Borrowers in which shall be recorded the date and amount of each Advance made by Agent or Lenders and the date and amount of each payment in respect thereof; provided, however, the failure by Agent to record the date and amount of any Advance shall not adversely affect Agent or any Lender. Each month, Agent shall send to Borrowing Agent a statement showing the accounting for the Advances made, payments made or credited in respect thereof, and other transactions between Agent, Xxxxxxx Lenders and Borrowers during such month. The monthly statements shall be deemed correct and binding upon Borrowers in the absence of manifest error and shall constitute an account stated between Xxxxxxx Lenders and Borrowers unless Agent receives a written statement of Borrowers’ specific exceptions thereto within thirty (30) days after such statement is received by 147420493 Borrowing Agent. The records of Agent with respect to XxxxxxxxxBorrowers’ Account shall be conclusive evidence absent manifest error of the amounts of Advances and other charges thereto and of payments applicable thereto.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Virco MFG Corporation)
Statement of Account. Agent shall maintain, in accordance with its -------------------- customary procedures, a loan account (“"Borrowers’ ' Account”") in the name of Borrowers in which shall be recorded the date and amount of each Advance made by Agent or Lenders and the date and amount of each payment in respect thereof; provided, -------- however, the failure by Agent to record the date and amount of any Advance shall ------- not adversely affect Agent or any Lender. Each month, Agent shall send to Borrowing Agent a statement showing the accounting for the Advances made, payments made or credited in respect thereof, and other transactions between Agent, Xxxxxxx Agent and Borrowers during such month. The monthly statements shall be deemed correct and binding upon Borrowers in the absence of manifest error and shall constitute an account stated between Xxxxxxx Lenders and Borrowers unless Agent receives a written statement of Borrowers’ ' specific exceptions thereto within thirty (30) days after such statement is received by Borrowing Agent. The records of Agent with respect to Xxxxxxxxx’ the Borrowers' Account shall be conclusive evidence absent manifest error of the amounts of Advances and other charges thereto and of payments applicable thereto.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Eltrax Systems Inc)
Statement of Account. Agent shall maintain, in accordance with its customary procedures, a loan account (“Borrowers’ Account”) in the name of Borrowers in which shall be recorded the date and amount of each Advance made by Agent or the Lenders and the date and amount of each payment in respect thereof; provided, however, the failure by Agent to record the date and amount of any Advance shall not adversely affect Agent or any Lender. Each month, Agent shall send to Borrowing Agent a statement showing the accounting for the Advances made, payments made or credited in respect thereof, and other transactions between Agentthe Lenders and Borrowers, Xxxxxxx and Borrowers during such month. The monthly statements shall be deemed correct and binding upon Borrowers in the absence of manifest error and shall constitute an account stated between Xxxxxxx the Lenders and Borrowers unless Agent receives a written statement of Borrowers’ specific exceptions thereto within thirty (30) days after such statement is received by Borrowing Agent. The records of Agent with respect to Xxxxxxxxx’ Account the loan account shall be conclusive evidence absent manifest error of the amounts of Advances and other charges thereto and of payments applicable thereto.
Appears in 1 contract
Samples: Loan and Security Agreement (Bucyrus International Inc)
Statement of Account. The Agent shall maintain, in accordance with its customary procedures, a loan account (“Borrowers’ Loan Account”) in the name of the Borrowers in which shall be recorded the date and amount of each Advance made by the Agent or Lenders and the date and amount of each payment in respect thereof; provided, however, the failure by the Agent to record the date and amount of any Advance shall not adversely affect the Agent or any Lender. Each calendar month, the Agent shall send to the Borrowing Agent a statement showing the accounting for the Advances made, payments made or credited in respect thereof, and other transactions between Agentthe Agent and the Borrowers, Xxxxxxx and Borrowers during such month. The monthly statements shall be deemed correct and binding upon the Borrowers in the absence of manifest error and shall constitute an account stated between Xxxxxxx the Lenders and the Borrowers unless the Agent receives a written statement of the Borrowers’ specific exceptions thereto within thirty (30) days after such statement is received by the Borrowing Agent. The records of the Agent with respect to Xxxxxxxxx’ Account the loan account shall be conclusive presumed correct evidence absent manifest error of the amounts of Advances and other charges thereto and of payments applicable thereto.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Lesco Inc/Oh)
Statement of Account. Agent shall maintain, in accordance with its customary procedures, a loan account (“Borrowers’ Account”) in the name of Borrowers in which shall be recorded the date and amount of each Advance made by Agent or Lenders and the date and amount of each payment in respect thereof; provided, however, the failure by Agent to record the date and amount of any Advance shall not adversely affect Agent or any Lender. Each month, Agent shall send to Borrowing Agent a statement showing the accounting for the Advances made, payments made or credited in respect thereof, and other transactions between Agent, Xxxxxxx Lenders and Borrowers during such month. The monthly statements shall be deemed correct and binding upon Borrowers in the absence of manifest error and shall constitute an account stated between Xxxxxxx among Lenders and Borrowers unless Agent receives a written statement of Borrowers’ specific exceptions thereto within thirty (30) days after such statement is received by Borrowing Agent. The records of Agent with respect to XxxxxxxxxBorrowers’ Account shall be conclusive evidence absent manifest error of the amounts of Advances and other charges thereto and of payments applicable thereto.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Daseke, Inc.)
Statement of Account. Agent shall maintain, in accordance with its customary procedures, a loan account (“"Borrowers’ ' Account”") in the name of Borrowers in which shall be recorded the date and amount of each Advance made by Agent or Lenders and the date and amount of each payment in respect thereof; provided, however, the failure by Agent to record the date and amount of any Advance shall not adversely affect Agent or any Lender. Each month, Agent shall send to Borrowing Agent a statement showing the accounting for the Advances made, payments made or credited in respect thereof, and other transactions between Agent, Xxxxxxx Lenders and Borrowers during such month. The monthly statements shall be deemed correct and binding upon Borrowers in the absence of manifest error and shall constitute an account stated between Xxxxxxx Lenders and Borrowers unless Agent receives a written statement of Borrowers’ ' specific exceptions thereto within thirty (30) days after such statement is received by Borrowing Agent. The records of Agent with respect to Xxxxxxxxx’ each Borrowers' Account shall be conclusive evidence absent manifest error of the amounts of Advances and other charges thereto and of payments applicable thereto.
Appears in 1 contract
Statement of Account. Agent shall maintain, in accordance with its customary procedures, a loan account (“Borrowers’ Account”) in the name of Borrowers in which shall be recorded the date and amount of each Advance made by Agent or Lenders and the date and amount of each payment in respect thereof; provided, however, the failure by Agent to record the date and amount of any Advance shall not adversely affect Agent or any Lender. Each month, Agent shall send to Borrowing Agent a statement showing the accounting for the Advances made, payments made or credited in respect thereof, and other transactions between Agent, Xxxxxxx Lenders and Borrowers during such month. The monthly statements shall be deemed correct and binding upon Borrowers in the absence of manifest error and shall constitute an account stated between Xxxxxxx Lenders and Borrowers unless Agent receives a written statement of Borrowers’ specific exceptions thereto within thirty (30) days after such statement is received by Borrowing Agent. The records of Agent with respect to Xxxxxxxxx’ Account shall be conclusive evidence absent manifest error of the amounts of Advances and other charges thereto and of payments applicable thereto.Agent
Appears in 1 contract
Samples: Revolving Credit, Term Loan and Security Agreement (Cca Industries Inc)
Statement of Account. Agent shall maintain, in accordance with its customary procedures, a loan account (“Borrowers’ Account”) in the name of Borrowers in which shall be recorded the date and amount of each Advance made by Agent or Lenders and the date and amount of each payment in respect thereof; provided, however, the failure by Agent to record the date and amount of any Advance shall not adversely affect Agent or any Lender. Each month, Agent shall send to Borrowing Agent a statement showing the accounting for the Advances made, payments made or credited in respect thereof, and other transactions between Agent, Xxxxxxx Lenders and Borrowers during such month. The monthly statements shall be deemed correct and binding upon Borrowers in the absence of manifest demonstrable error and shall constitute an account stated between Xxxxxxx Lenders and Borrowers unless Agent receives a written statement of Borrowers’ specific exceptions thereto within thirty (30) days after such statement is received by Borrowing Agent. The records of Agent with respect to XxxxxxxxxBorrowers’ Account shall be conclusive evidence absent manifest demonstrable error of the amounts of Advances and other charges thereto and of payments applicable thereto.. 074658.18062/111245555v.10
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Perma-Pipe International Holdings, Inc.)
Statement of Account. Agent shall maintain, in accordance with its customary procedures, a loan account (“"Borrowers’ ' Account”") in the name of Borrowers in which shall be recorded the date and amount of each Advance made by Agent or Lenders and the date and amount of each payment in respect thereof; provided, however, the failure by Agent to record the date and amount of any Advance shall not adversely affect Agent or any Lender. Each month, Agent shall send to Borrowing Agent a statement showing the accounting for the Advances made, payments made or credited in respect thereof, and other transactions between Agent, Xxxxxxx and Borrowers during such month. The monthly statements shall be deemed correct and binding upon Borrowers in the absence of manifest error and shall constitute an account stated between Xxxxxxx and Borrowers unless Agent receives a written statement of Borrowers’ ' specific exceptions thereto within thirty (30) days after such statement is received by Borrowing Agent. The records of Agent with respect to Xxxxxxxxx’ ' Account shall be conclusive evidence absent manifest error of the amounts of Advances and other charges thereto and of payments applicable thereto.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Great Lakes Dredge & Dock CORP)
Statement of Account. Agent shall maintain, in accordance with its customary procedures, a loan account (“Borrowers’ Borrower’s Account”) in the name of Borrowers Borrower in which shall be recorded the date and amount of each Advance made by Agent or Lenders and the date and amount of each payment in respect thereof; provided, however, the failure by Agent to record the date and amount of any Advance shall not adversely affect Agent or any Lender. Each month, Agent shall send to Borrowing Agent Borrower a statement showing the accounting for the Advances made, payments made or credited in respect thereof, and other transactions between AgentAgent and Borrower, Xxxxxxx and Borrowers during such month. The monthly statements shall be deemed correct and binding upon Borrowers Borrower in the absence of manifest error and shall constitute an account stated between Xxxxxxx Lxxxxxx and Borrowers Borrower unless Agent receives a written statement of Borrowers’ Bxxxxxxx’s specific exceptions thereto within thirty (30) days after such statement is received by Borrowing AgentBxxxxxxx. The records of Agent with respect to Xxxxxxxxx’ Account the loan account shall be conclusive evidence absent manifest error of the amounts of Advances and other charges thereto and of payments applicable thereto.
Appears in 1 contract
Samples: Revolving Credit, Term Loan and Security Agreement (Perma Fix Environmental Services Inc)
Statement of Account. Agent shall maintain, in accordance with its customary procedures, a loan account (“Borrowers’ "Borrower's Account”") in the name of Borrowers Borrower in which shall be recorded the date and amount of each Advance made by Agent or Lenders and the date and amount of each payment in respect thereof; provided, however, the failure by Agent to record the date and amount of any Advance shall not adversely affect Agent or any Lender. Each month, Agent shall send to Borrowing Agent Borrower a statement showing the accounting for the Advances made, payments made or credited in respect thereof, and other transactions between AgentAgent and Borrower, Xxxxxxx and Borrowers during such month. The monthly statements shall be deemed correct and binding upon Borrowers Borrower in the absence of manifest error and shall constitute an account stated between Xxxxxxx Lenders and Borrowers unless Borrower except and to the extent Agent receives a written statement of Borrowers’ Borrower's specific exceptions thereto within thirty (30) days after such statement is received by Borrowing AgentBorrower. The records of Agent with respect to Xxxxxxxxx’ Account the loan account shall be conclusive evidence absent manifest error of the amounts of Advances and other charges thereto and of payments applicable thereto.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Warner Chilcott PLC)
Statement of Account. Agent shall maintain, in accordance with its customary procedures, a loan account (“Borrowers’ Account”"Borrower's Account ") in the name of Borrowers Borrower in which shall be recorded the date and amount of each Advance made by Agent or Lenders and the date and amount of each payment in respect thereof; provided, however, the failure by Agent to record the date and amount of any Advance shall not adversely affect Agent or any Lender. Each month, Agent shall send to Borrowing Agent Borrower a statement showing the accounting for the Advances made, payments made or credited in respect thereof, and other transactions between AgentAgent and Borrower, Xxxxxxx and Borrowers during such month. The monthly statements shall be deemed correct and binding upon Borrowers Borrower in the absence of manifest error and shall constitute an account stated between Xxxxxxx Lenders and Borrowers Borrower unless Agent receives a written statement of Borrowers’ Borrower's specific exceptions thereto within thirty forty-five (3045) days after such statement is received by Borrowing AgentBorrower. The records of Agent with respect to Xxxxxxxxx’ Account the loan account shall be conclusive evidence absent manifest error of the amounts of Advances and other charges thereto and of payments applicable thereto.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Badger Paper Mills Inc)
Statement of Account. Agent shall maintain, in accordance with its customary procedures, a loan account (“the "Borrowers’ ' Account”") in the name of Borrowers in which shall be recorded the date and amount of each Advance made by Agent or Lenders and the date and amount of each payment in respect thereof; provided, however, the failure by Agent to record the date and amount of any Advance shall not adversely affect Agent or any Lender. Each month, Agent shall send to Borrowing Agent a statement showing the accounting for the Advances made, payments made or credited in respect thereof, and other transactions between Agent, Xxxxxxx Lenders and Borrowers during such month. The monthly statements shall be deemed correct and binding upon Borrowers each Borrower in the absence of manifest error and shall constitute an account stated between Xxxxxxx Lenders and Borrowers each Borrower unless Agent receives a written statement of Borrowers’ any Borrower's specific exceptions thereto within thirty (30) days after such statement is received by Borrowing Agent. The records of Agent with respect to Xxxxxxxxx’ Account the loan account shall be conclusive evidence absent manifest error of the amounts of Advances and other charges thereto and of payments applicable thereto.
Appears in 1 contract
Samples: Financing Agreement (Cpac Inc)
Statement of Account. Agent shall maintain, in accordance with its customary procedures, a loan account (“Borrowers’ Borrower’s Account”) in the name of Borrowers Borrower in which shall be recorded the date and amount of each Advance made by Agent or Lenders and the date and amount of each payment in respect thereof; provided, however, the failure by Agent to record the date and amount of any Advance shall not adversely affect Agent or any Lender. Each month, Agent shall send to Borrowing Agent Borrower a statement showing the accounting for the Advances made, payments made or credited in respect thereof, and other transactions between AgentAgent and/or the Lenders and Borrower, Xxxxxxx and Borrowers during such month. The monthly statements shall be deemed correct and binding upon Borrowers Borrower in the absence of manifest error and shall constitute an account stated between Xxxxxxx Lenders and Borrowers Borrower unless Agent receives a written statement of Borrowers’ Borrower’s specific exceptions thereto within thirty (30) days after such statement is received by Borrowing AgentBorrower. The records of Agent with respect to Xxxxxxxxx’ the Borrower’s Account shall be conclusive evidence absent manifest error of the amounts of Advances and other charges thereto and of payments applicable thereto.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Apac Customer Service Inc)
Statement of Account. Agent shall maintain, in accordance with its customary procedures, a loan account (“"Borrowers’ ' Account”") in the name of Borrowers in which shall be recorded the date and amount of each Advance made by Agent or Lenders and the date and amount of each payment in respect thereof; provided, however, the failure by Agent or Lenders to record the date and amount of any Advance shall not adversely affect Agent or any Lender. Each month, Agent shall send to the Borrowing Agent a statement showing the accounting for the Advances made, payments made or credited in respect thereof, and other transactions between among Agent, Xxxxxxx Lenders and Borrowers during such month. The monthly statements shall be deemed correct and binding upon Borrowers in the absence of manifest error and shall constitute an account stated between Xxxxxxx Lenders and Borrowers unless Agent receives a written statement of Borrowers’ ' specific exceptions thereto within thirty (30) days after such statement is received by the Borrowing Agent. The records of Agent with respect to Xxxxxxxxx’ the Borrowers' Account shall be conclusive evidence absent manifest error of the amounts of Advances and other charges thereto and of payments applicable thereto.
Appears in 1 contract
Samples: Revolving Credit, Term Loan and Security Agreement (Pietrafesa Corp)
Statement of Account. Agent shall maintain, in accordance with its -------------------- customary procedures, a loan account (“"Borrowers’ ' Account”") in the name of Borrowers in which shall be recorded the date and amount of each Advance made by Agent or Lenders and the date and amount of each payment in respect thereof; provided, however, the failure by -------- ------- Agent to record the date and amount of any Advance shall not adversely affect Agent or any Lender. Each month, Agent shall send to Borrowing Agent Borrowers a statement showing the accounting for the Advances made, payments made or credited in respect thereof, and other transactions between AgentAgent and Borrowers, Xxxxxxx and Borrowers during such month. The monthly statements shall be deemed correct and binding upon Borrowers in the absence of manifest error and shall constitute an account stated between Xxxxxxx Lenders and Borrowers unless Agent receives a written statement of Borrowers’ ' specific exceptions thereto within thirty (30) days after such statement is received by Borrowing AgentBorrowers. The records of Agent with respect to Xxxxxxxxx’ Account the loan account shall be conclusive evidence absent manifest error of the amounts of Advances and other charges thereto and of payments applicable thereto.
Appears in 1 contract
Samples: Revolving Credit Loan and Security Agreement (Intelligroup Inc)