Statements of Account. Agent will account to Borrowers monthly with a statement of Loans, charges and payments made pursuant to this Agreement during the immediately preceding month, and such account rendered by Agent shall be deemed final, binding and conclusive upon Borrowers absent demonstrable error unless Agent is notified by Borrowers in writing to the contrary within 30 days of the date each accounting is received by Borrowers. Such notice shall only be deemed an objection to those items specifically objected to therein.
Appears in 11 contracts
Samples: Financing and Security Agreement (Henry Co), Loan and Security Agreement (Wabash National Corp /De), Loan and Security Agreement (Wabash National Corp /De)
Statements of Account. Agent will account to Borrowers Borrower monthly with a statement of Loans, charges and payments made pursuant to this Agreement during the immediately preceding month, and such account rendered by Agent shall be deemed final, binding and conclusive upon Borrowers Borrower absent demonstrable error unless Agent is notified by Borrowers Borrower in writing to the contrary within 30 days of the date each accounting is received by BorrowersBorrower. Such notice shall only be deemed an objection to those items specifically objected to therein.
Appears in 10 contracts
Samples: Loan and Security Agreement (Borden Chemicals & Plastics Limited Partnership /De/), Loan and Security Agreement (Mobile Mini Inc), Loan and Security Agreement (Weirton Steel Corp)
Statements of Account. Agent will account to Borrowers monthly with a statement of Loans, charges and payments made pursuant to this Agreement during the immediately preceding month, and such account accounts rendered by Agent shall be deemed final, binding and conclusive upon Borrowers absent demonstrable error unless Agent is notified by Borrowers in writing to the contrary within 30 days prima facie evidence of the date each accounting is received existence and amounts of the obligations recorded therein; provided that any failure by Agent to maintain and deliver such accounts or any error therein shall not affect Borrowers. Such notice shall only be deemed an objection ' obligation to those items specifically objected to thereinrepay the Obligations in accordance with the terms of this Agreement.
Appears in 5 contracts
Samples: Loan and Security Agreement (Century Aluminum Co), Loan and Security Agreement (Century Aluminum Co), Loan and Security Agreement (Century Aluminum Co)
Statements of Account. Agent will account to Borrowers monthly with a statement of Loans, charges and payments made pursuant to this Agreement during the immediately preceding month, and such account rendered by Agent shall be deemed final, binding and conclusive upon Borrowers absent demonstrable error unless Agent is notified by Borrowers in writing to the contrary within 30 90 days of the date each accounting is received by Borrowers. Such notice shall only be deemed an objection to those items specifically objected to therein.
Appears in 4 contracts
Samples: Loan and Security Agreement (Neenah Foundry Co), Loan and Security Agreement (Neenah Foundry Co), Loan and Security Agreement (Neenah Foundry Co)
Statements of Account. Agent will account to Borrowers Borrower Representative, on behalf of Borrowers, monthly with a statement of Loans, charges and payments made pursuant to this Agreement during the immediately preceding month, and such account rendered by Agent shall be deemed final, binding and conclusive upon Borrowers absent demonstrable error unless Agent is notified by Borrowers Borrower Representative at the Appropriate Notice Office in writing to the contrary within 30 days of the date each accounting is received by BorrowersBorrower Representative. Such notice shall only be deemed an objection only to those items specifically objected to therein.
Appears in 4 contracts
Samples: Loan Agreement (Katy Industries Inc), Loan and Security Agreement (Sitel Corp), Loan Agreement (Katy Industries Inc)
Statements of Account. Agent will account to Borrowers Borrower monthly with a statement of Loans, charges and payments made pursuant to this Agreement during the immediately preceding monthAgreement, and such account rendered by Agent shall be deemed final, binding and conclusive upon Borrowers Borrower absent demonstrable manifest error or unless Agent is notified by Borrowers Borrower in writing to the contrary within 30 days of the date each accounting is received by Borrowersmailed to Borrower. Such notice shall only be deemed an objection to those items specifically objected to therein.
Appears in 3 contracts
Samples: Loan and Security Agreement (Nations Flooring Inc), Loan and Security Agreement (Executone Information Systems Inc), Loan and Security Agreement (Nations Flooring Inc)
Statements of Account. Agent will account to Borrowers monthly with a statement of Loans, charges and payments made pursuant to this Agreement during the immediately preceding month, and such account rendered by Agent shall be deemed final, binding and conclusive upon Borrowers absent demonstrable error unless Agent is notified by Borrowers MFRI, on its own behalf and on behalf of all other Borrowers, in writing to the contrary within 30 days of the date each accounting is received by Borrowers. Such notice shall only be deemed an objection to those items specifically objected to therein.
Appears in 3 contracts
Samples: Loan and Security Agreement (Mfri Inc), Loan and Security Agreement (Mfri Inc), Loan and Security Agreement (Mfri Inc)
Statements of Account. Agent will account to Co-Borrowers monthly with a statement of Loans, charges and payments made pursuant to this Agreement during the immediately preceding month, and such account rendered by Agent shall be deemed final, binding and conclusive upon Co-Borrowers absent demonstrable error unless Agent is notified by Borrowers Borrower in writing to the contrary within 30 days of the date each accounting is received by Co-Borrowers. Such notice shall only be deemed an objection to those items specifically objected to therein.
Appears in 3 contracts
Samples: Loan and Security Agreement (Pw Eagle Inc), Loan and Security Agreement (Pw Eagle Inc), Loan and Security Agreement (Pw Eagle Inc)
Statements of Account. Agent will account to Borrowers monthly with a statement of Loans, charges and payments made pursuant to this Agreement during the immediately preceding month, and such account rendered by Agent shall be deemed final, binding and conclusive upon Borrowers absent demonstrable error unless Agent is notified by Borrowers in writing to the contrary within 30 thirty (30) days of the date each accounting is received by Borrowers. Such notice shall only be deemed an objection to those items specifically objected to therein.
Appears in 3 contracts
Samples: Loan and Security Agreement (Falcon Products Inc /De/), Loan and Security Agreement (Falcon Products Inc /De/), Loan and Security Agreement (Falcon Products Inc /De/)
Statements of Account. Agent will account to Borrowers Borrower Representative monthly with a statement of Loans, charges and payments made pursuant to this Agreement during the immediately preceding month, and such account rendered by Agent shall be deemed final, binding and conclusive upon Borrowers such Borrower absent demonstrable error unless Agent is notified by Borrowers Borrower Representative in writing to the contrary within 30 60 days of the date each accounting is received by BorrowersBorrower Representative. Such notice shall only be deemed an objection to those items specifically objected to therein.
Appears in 2 contracts
Samples: Loan and Security Agreement (D & K Healthcare Resources Inc), Loan and Security Agreement (D & K Healthcare Resources Inc)
Statements of Account. Agent will account to Borrowers Borrower monthly with a statement of Loans, charges and payments made pursuant to this Agreement during the immediately preceding monthAgreement, and such account rendered by Agent absent manifest error shall be deemed final, binding and conclusive upon Borrowers absent demonstrable error Borrower unless Agent is notified by Borrowers Borrower in writing to the contrary within 30 sixty (60) days of after the date each accounting account is received by Borrowersmailed to Borrower. Such notice shall only be deemed an objection to those items specifically objected to therein.
Appears in 2 contracts
Samples: Loan and Security Agreement (Brazos Sportswear Inc /De/), Loan and Security Agreement (Brazos Sportswear Inc /De/)
Statements of Account. Agent will account to Borrowers monthly with a statement of Loans, charges and payments made pursuant to this Agreement during the immediately preceding monthAgreement, and such account rendered by Agent shall be deemed final, binding and conclusive upon Borrowers absent demonstrable error unless Agent is notified by Borrowers in writing to the contrary within 30 thirty (30) days of the date each such accounting is received by mailed to Borrowers. Such notice shall only be deemed an objection to those items specifically objected to therein.
Appears in 2 contracts
Samples: Loan and Security Agreement (Gulfside Supply, Inc.), Loan and Security Agreement (Eagle Supply Group Inc)
Statements of Account. Agent will account to Borrowers monthly with a statement of Loans, charges and payments made pursuant to this Agreement during the immediately preceding month, and such account rendered by Agent shall be deemed final, binding and conclusive upon Borrowers absent demonstrable error unless Agent is notified by Borrowers VEI, on behalf of all Borrowers, in writing to the contrary within 30 sixty (60) days of the date each accounting is received by Borrowers. Such notice shall only be deemed an objection to those items specifically objected to therein.
Appears in 2 contracts
Samples: Loan and Security Agreement (Velocity Express Corp), Loan and Security Agreement (Velocity Express Corp)
Statements of Account. Agent will account to Borrowers Borrower monthly with a statement of Loans, charges and payments made pursuant to this Agreement during the immediately preceding monthAgreement, and such account rendered by Agent shall be deemed final, binding and conclusive upon Borrowers conclusive, absent demonstrable error error, upon Borrower unless Agent is notified by Borrowers Borrower in writing to the contrary within 30 45 days of the date each accounting is received by Borrowersmailed to Borrower. Such notice shall only be deemed an objection to those items specifically objected to therein.
Appears in 2 contracts
Samples: Loan and Security Agreement (Houston Wire & Cable CO), Loan and Security Agreement (Houston Wire & Cable CO)
Statements of Account. Agent will account to Borrowers monthly with a statement of Loans, charges and payments made pursuant to this Agreement during the immediately preceding monthAgreement, and such account rendered by Agent absent manifest error shall be deemed final, binding and conclusive upon Borrowers absent demonstrable error unless Agent is notified by Borrowers in writing to the contrary within 30 sixty (60) days of after the date each accounting account is received by mailed to Borrowers. Such notice shall only be deemed an objection to those items specifically objected to therein.
Appears in 1 contract
Samples: Loan and Security Agreement (Brazos Sportswear Inc /De/)
Statements of Account. Agent will account to Borrowers Borrower Representative monthly with a statement of Loans, charges and payments made pursuant to this Agreement during the immediately preceding month, and such account rendered by Agent shall be deemed final, binding and conclusive upon Borrowers absent demonstrable error unless Agent is notified by Borrowers in writing to the contrary within 30 45 days of the date each accounting is received by Borrowers. Such notice shall only be deemed an objection to those items specifically objected to therein.
Appears in 1 contract
Statements of Account. Agent will account to Borrowers monthly with a statement of Loans, charges and payments made pursuant to this Agreement during the immediately preceding monthAgreement, and such account rendered by Agent shall be deemed final, binding and conclusive upon Borrowers absent demonstrable error unless Agent is notified by Borrowers in writing to the contrary within 30 days of the date each accounting is received by mailed to Borrowers. Such notice shall only be deemed an objection to those items specifically objected to therein.
Appears in 1 contract
Statements of Account. Agent will account to Borrowers and each --------------------- Lender monthly with a statement of Loans, charges and payments made pursuant to this Agreement during the immediately preceding monthAgreement, and any such account rendered by Agent shall be deemed final, binding and conclusive upon Borrowers absent demonstrable each Borrower in the absence of manifest error unless Agent is notified by Borrowers a Borrower in writing to the contrary within 30 days of the date each such accounting is received by mailed to Borrowers. Such notice shall only be deemed an objection to those items specifically objected to therein.
Appears in 1 contract
Samples: Loan and Security Agreement (Restoration Hardware Inc)
Statements of Account. Agent will account to Borrowers Borrower monthly with a statement of Loans, charges and payments made pursuant to this Agreement during the immediately preceding monthAgreement, and such account rendered by Agent shall be deemed final, binding and conclusive conclusive, absent manifest error, upon Borrowers absent demonstrable error Borrower unless Agent is notified by Borrowers Borrower in writing to the contrary within 30 45 days of the date each accounting is received by Borrowersmailed to Borrower. Such notice shall only be deemed an objection to those items specifically objected to therein.
Appears in 1 contract
Samples: Loan and Security Agreement (Northwestern Steel & Wire Co)
Statements of Account. Agent will account to Borrowers Borrowing Agent monthly with a statement of Loans, charges and payments made pursuant to this Agreement during the immediately preceding monthAgreement, and such account rendered by Agent shall be deemed final, binding and conclusive upon Borrowers absent demonstrable manifest error unless Agent is notified by Borrowers Borrowing Agent in writing to the contrary within 30 days of the date each accounting is received by Borrowersmailed to Borrowing Agent. Such notice shall only be deemed an objection to those items specifically objected to therein.
Appears in 1 contract
Samples: Loan and Security Agreement (Integra Lifesciences Corp)
Statements of Account. Agent will account to Borrowers and each Lender monthly with a statement of Loans, charges and payments made pursuant to this Agreement during the immediately preceding monthAgreement, and any such account rendered by Agent shall be deemed final, binding and conclusive upon Borrowers absent demonstrable each Borrower in the absence of manifest error unless Agent is notified by Borrowers a Borrower in writing to the contrary within 30 days of the date each such accounting is received by mailed to Borrowers. Such notice shall only be deemed an objection to those items specifically objected to therein.
Appears in 1 contract
Samples: Loan and Security Agreement (Restoration Hardware Inc)
Statements of Account. Agent will account to Borrowers monthly with a --------------------- statement of Loans, charges and payments made pursuant to this Agreement during the immediately preceding month, and such account rendered by Agent shall be deemed final, binding and conclusive upon Borrowers absent demonstrable error unless Agent is notified by Borrowers VEI, on behalf of all Borrowers, in writing to the contrary within 30 sixty (60) days of the date each accounting is received by Borrowers. Such notice shall only be deemed an objection to those items specifically objected to therein.
Appears in 1 contract
Samples: Loan and Security Agreement (Velocity Express Corp)
Statements of Account. Agent will account to Borrowers monthly with a statement of Loans, charges and payments made pursuant to this Agreement during the immediately preceding monthAgreement, a copy of which shall be sent to each Lender and such account rendered by Agent shall be deemed final, binding and conclusive upon Borrowers absent demonstrable error unless Agent is notified by Borrowers in writing to the contrary within 30 thirty (30) days of the date each accounting account is received by mailed to Borrowers. Such notice shall only be deemed an objection to those items specifically objected to therein.
Appears in 1 contract
Samples: Loan and Security Agreement (Factory Card Outlet Corp)
Statements of Account. Agent will account to Borrowers Borrower monthly with a statement of Loans, charges and payments made pursuant to this Agreement during the immediately preceding monthAgreement, and such account rendered by Agent shall be deemed final, binding and conclusive upon Borrowers absent demonstrable error Borrower unless Agent is notified by Borrowers Borrower in writing to the contrary within 30 days of the date each accounting is received by Borrowersmailed to Borrower. Such notice shall only be deemed an objection to those items specifically objected to therein.
Appears in 1 contract
Samples: Credit Agreement (Drypers Corp)
Statements of Account. Agent will account to Borrowers Borrower monthly with a statement of Loans, charges and payments made pursuant to this Agreement during the immediately preceding monthAgreement, and such account rendered by Agent shall be deemed final, binding and conclusive upon Borrowers absent demonstrable error Borrower unless Agent is notified by Borrowers Borrower in writing to the contrary within 30 thirty (30) days of the date each accounting is received by Borrowers. Such notice shall only be deemed an objection to those items specifically objected to therein.mailed
Appears in 1 contract
Samples: Guaranty Facility and Security Agreement (Aperian Inc)
Statements of Account. Agent will account to Borrowers Borrower monthly with a statement of Loans, charges and payments made pursuant to this Agreement during the immediately preceding monthAgreement, and such account rendered by Agent shall be deemed final, binding and conclusive upon Borrowers absent demonstrable error Borrower unless Agent is notified by Borrowers Borrower in writing to the contrary within 30 thirty (30) days of after the date each any such accounting is received by Borrowerssent to Borrower. Such notice shall only be deemed an objection to those items specifically objected to therein.
Appears in 1 contract
Samples: Loan and Security Agreement (Industrial Data Systems Corp)
Statements of Account. Agent will account to Borrowers Borrower monthly with a statement of Loans, charges and payments made pursuant to this Agreement during the immediately preceding monthAgreement, and such account rendered by Agent shall shall, absent manifest error, be deemed final, binding and conclusive upon Borrowers absent demonstrable error Borrower unless Agent is notified by Borrowers Borrower in writing to the contrary within 30 days of the date each accounting is received by Borrowersmailed to Borrower. Such notice shall only be deemed an objection to those items specifically objected to therein.
Appears in 1 contract
Samples: Loan and Security Agreement (Color Spot Nurseries Inc)
Statements of Account. Agent will account to Borrowers Borrower monthly with a statement of Loans, charges and payments made pursuant to this Agreement during the immediately preceding monthAgreement, and such account rendered by Agent shall be deemed final, binding and conclusive upon Borrowers absent demonstrable error Borrower unless Agent is notified by Borrowers Borrower in writing to the contrary within 30 sixty (60) days of the date each accounting is received by Borrowersmailed to Borrower. Such notice shall only be deemed an objection to those items specifically objected to therein.
Appears in 1 contract
Samples: Loan and Security Agreement (Gentiva Health Services Inc)
Statements of Account. Agent will account to Borrowers Borrower monthly with a statement of Loans, charges and payments made pursuant to this Agreement during the immediately preceding monthAgreement, and such account rendered by Agent shall be deemed final, binding and conclusive upon Borrowers absent demonstrable error Borrower unless Agent is notified by Borrowers Borrower in writing to the contrary within 30 ninety (90) days of after the date each accounting account is received by Borrowersmailed to Borrower. Such notice shall only be deemed an objection to those items specifically objected to therein.
Appears in 1 contract
Statements of Account. Agent will account to Borrowers monthly with a statement of Loans, Letters of Credit, LC Guaranties, charges and payments made pursuant to this Agreement during the immediately preceding monthAgreement, and such account rendered by Agent shall be deemed final, binding and conclusive upon Borrowers absent demonstrable error unless Agent is notified by Borrowers Borrowing Agent in writing to the contrary within 30 sixty (60) days of the date each accounting is received by mailed to Borrowers. Such notice shall only be deemed an objection to those items specifically objected to therein.
Appears in 1 contract
Samples: Loan and Security Agreement (Gentiva Health Services Inc)
Statements of Account. Agent will account to Borrowers Borrower monthly with a statement of Loans, charges and payments made pursuant to this Agreement during the immediately preceding monthAgreement, and such account rendered by Agent Agent, absent manifest error, shall be deemed final, binding and conclusive upon Borrowers absent demonstrable error Borrower unless Agent is notified by Borrowers Borrower in writing to the contrary within 30 seventy-five (75) days of after the date each accounting account is received by Borrowersmailed to Borrower. Such notice shall only be deemed an objection to those items specifically objected to therein.
Appears in 1 contract
Samples: Loan and Security Agreement (Cal Dive International Inc)
Statements of Account. Agent will account to Borrowers monthly with a statement of Loans, charges and payments made pursuant to this Agreement during the immediately preceding monthAgreement, and such account rendered by Agent shall be deemed final, binding and conclusive upon Borrowers absent demonstrable error unless Agent is notified by Borrowers in writing to the contrary within 30 thirty (30) days of the date each accounting is received by mailed to Borrowers. Such notice shall only be deemed an objection to those items specifically objected to therein.
Appears in 1 contract
Samples: Loan and Security Agreement (United Natural Foods Inc)
Statements of Account. Agent will account to Borrowers Borrower monthly with a statement of Loans, charges and payments made pursuant to this Agreement during the immediately preceding monthAgreement, and such account rendered by Agent shall be deemed final, binding and conclusive conclusive, absent manifest error, upon Borrowers absent demonstrable error Borrower unless Agent is notified by Borrowers Borrower in writing to the contrary within 30 days of the date each accounting is received by Borrowersmailed to Borrower. Such notice shall only be deemed an objection to those items specifically objected to therein.
Appears in 1 contract
Samples: Loan and Security Agreement (Eagle Pacific Industries Inc/Mn)
Statements of Account. Agent will account to Borrowers Borrower Representative monthly with a statement of Loans, charges and payments made pursuant to this Agreement during the immediately preceding month, and such account rendered by Agent shall be deemed final, binding and conclusive upon Borrowers absent demonstrable error unless Agent is notified by Borrowers in writing to the contrary within 30 60 days of the date each accounting is received by Borrowers. Such notice shall only be deemed an objection only to those items specifically objected to therein.
Appears in 1 contract
Samples: Loan and Security Agreement (Cambium Learning Group, Inc.)
Statements of Account. Agent will account to Borrowers monthly with a statement of Loans, charges and payments made pursuant to this Agreement during the immediately preceding month, and such account rendered by Agent shall be deemed final, binding and conclusive upon Borrowers absent demonstrable error unless Agent is notified by Borrowers ETI, on behalf of each Borrower, in writing to the contrary within 30 days of the date each accounting is received by Borrowers. Such notice shall only be deemed an objection to those items specifically objected to therein.
Appears in 1 contract