VERIFICATION OF ACCOUNT Sample Clauses

VERIFICATION OF ACCOUNT. The Depositor will examine each statement of account for the Account and verify the completeness and correctness of the statement of account for the Account. Within 30 days of the date of mailing the statement of account for the Account or making it available for pick up, the Depositor will point out the following to the Credit Union in writing: a) any errors, irregularities or omissions in the statement of account for the Account, and b) any debits wrongly made. From and after the expiration of the 30-day period (except for errors or irregularities pointed out in writing to the Credit Union before the 30 days expire), the Depositor is deemed to have acknowledged that: a) the statement of account for the Account and the balances shown on the statement of account for the Account are correct, b) all amounts charged to the Account are valid, c) the Depositor is not entitled to be credited with any amount not shown on the statement of account for the Account, d) the Depositor has verified the validity of any cheques, other Instruments and instructions, and e) the use of any service shown is correct. After the expiration of the 30-day period (except for errors or irregularities pointed out in writing to the Credit Union before the 30 days expire) the Depositor may not claim for any purpose that any entry on the statement of account for the Account is incorrect and will have no claim against the Credit Union for reimbursement relating to any entry, even if the entry is unauthorized or fraudulent or is based upon a cheque, other Instrument or instruction that is forged, unauthorized or fraudulent. Nothing in this section 45 limits in any way the rights of the Credit Union under this Agreement including, without limitation, the rights of the Credit Union under sections 8, 12, and 44.

VERIFICATION OF ACCOUNT. (a) Upon receipt from the Bank from time to time of a statement of account, the Client will check the credit and debit entries in the said statement and will examine all cheques and vouchers included therewith; (b) The Client will within 30 day of the delivery of a statement to the client, or if the Client has instructed the Bank to mail the said statement within 30 days of the mailing thereof to the Client, notify the Bank in writing of any errors or omissions therein or therefrom; (c) At the expiration of the said 30 days, except as to any errors or omissions of which the Bank has been so notified and except as to any amounts improperly credited to the Client’s account it shall be finally and conclusive settled in all respects save as set out in (d) below, as between the Bank and the Client that: (i) the amount of the balance shown in such statement is true and correct, (ii) the said cheque and vouchers are genuine, (iii) all amounts charged to the said account are properly chargeable to the Client, (iv) the Client is not entitled to be credited with any amount not shown on the said statement, (v) the Bank is totally and irrevocably released from all claims by the Client in respect of any and every item in the said statement and (vi) the Client fully and completely acknowledges that the Client will have no further action against or recourse to the Bank in respect of the debit entries in the said statement, and all cheques and vouchers included therein. (d) Nothing herein contained shall preclude the Client from later objecting to any payments made on unauthorized or forged endorsements provided notice in writing is given to the Bank forthwith after the Client has acquired knowledge thereof.

VERIFICATION OF ACCOUNT. Upon receipt from the Bank of a statement of the account of the Customer, together with cheques and other debit vouchers for amounts charged to the same account appearing therein, the Customer will examine the said statement and, within thirty days of the delivery thereof to the Customer, or if the Customer has instructed to mail the said statement, within 30 days of the mailing thereof to the Customer, notify the Bank in writing of any errors or omission wherein or therefrom; and at expiration of the said thirty days, except as to any errors and omission of which the Bank has been so notified, it shall be conclusively settled as between the Bank and the Customer that the said cheques and vouchers are genuine and properly charged against the Customer and that the Customer was not entitled to be credited with any amount not shown on the said settlement. If a statement of account and related vouchers are not received within 10 days after the end of the cycle the Customer shall notify the Bank within 5 days thereof.

VERIFICATION OF ACCOUNT. We will send you at the end of each Month a statement of the deposits in and withdrawals from your Account during that Month. Any fees and charges you have incurred will also appear on your statement. If you do not receive a statement and the cancelled checks or debit advices relating to that statement by the 10th day after the end of each Month, you must notify us. Within thirty (30) days after the date of the statement you must check the correctness of each statement, checks and debit advices and notify our office where the Account is maintained in writing of any omissions from the statement or any inaccurate entries in the statement (including entries from payments made on forged or unauthorized signatures or altered instruments). Except for the entries or omissions as to which you will have given us the notice required by this Paragraph and for forged or unauthorized endorsements, you hereby agree that each statement accurately and correctly sets forth all of the transactions in your Account during the Month covered by the statement. Your failure to notify us in writing, within thirty (30) days after the date of the statement which sets forth our payment, that we have paid an instrument that had been altered or that bears a forged or unauthorized signature, will constitute a waiver by you of any claims that you may have against us for such payment. Your failure to notify us in writing, within 180 days after the date of the statement that sets forth our payment, that we have paid an instrument bearing a forged or unauthorized endorsement will constitute a waiver by you of any claims that you may have against us for such payment.

VERIFICATION OF ACCOUNT. Ask Jeeves shall keep full, accurate, and timely records and books of account relating to all exploitation for which Ask Jeeves is to account to the Trust under ------- |*| Indicates that certain information in this exhibit has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. paragraph 20 of this Agreement. Ask Jeeves shall similarly contractually require any Parent, Affiliate, Successor, authorized licensee or third party with or through which such exploitation is conducted to maintain such books of account. Ask Jeeves shall keep all such records and books of account for not less than two (2) calendar years from the end of each semiannual period of account and shall permit a firm of certified public accountants not retained on a contingency basis (not then conducting an audit of Ask Jeeves) on the Trust's behalf to inspect and examine such records and books of account at the offices where Ask Jeeves maintains such records and books, insofar as they directly relate to exploitation for which Ask Jeeves is to account to the Trust under this Agreement, and Ask Jeeves shall also, without charge, permit copies and extracts to be made of such records and books of account during the course of any such inspection and examination. Any such inspection and examination shall require at least ten (10) days' prior written notice, be conducted during normal office hours, and may not be carried out more than once in any calendar year. The Trust's costs of any such inspection and examination shall be at the Trust's expense unless such inspection and examination shall reveal an undisputed underaccounting or underpayment to the Trust of at least 10% for any semiannual accounting period, in which case Ask Jeeves shall bear the reasonable and verifiable costs of the inspection and examination, but in no event exceeding the actual amount of the underpayment. Ask Jeeves shall be furnished with a copy of the audit report at the same time as it is furnished to the Trust. Failure by the Trust to object in writing to any statement within two (2) years of receipt shall be deemed an acceptance thereof and an irrevocable waiver of the right to challenge such statement or the content thereof. Failure by the Trust to commence an arbitration proceeding hereunder within one (1) year after written notification to Ask Jeeves of objection to a statement or within one (1) year of the d...

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Verification of Accounts Any of Lender's officers, employees or agents shall have the right, at any time or times hereafter, in Lender's or Borrower's name or in the name of a firm of independent certified public accountants acceptable to Lender, to verify the validity, amount or any other matters relating to any Accounts by mail, telephone, telegraph or otherwise.
Collection of Accounts (a) Borrower shall establish and maintain, at its expense, blocked accounts or lockboxes and related blocked accounts (in either case, "Blocked Accounts"), as Lender may specify, with such banks as are acceptable to Lender into which Borrower shall promptly deposit and direct its account debtors to directly remit all payments on Accounts and all payments constituting proceeds of Inventory or other Collateral in the identical form in which such payments are made, whether by cash, check or other manner. The banks at which the Blocked Accounts are established shall enter into an agreement, in form and substance satisfactory to Lender, providing that all items received or deposited in the Blocked Accounts are the property of Lender, that the depository bank has no lien upon, or right to setoff against, the Blocked Accounts, the items received for deposit therein, or the funds from time to time on deposit therein and that the depository bank will wire, or otherwise transfer, in immediately available funds, on a daily basis, all funds received or deposited into the Blocked Accounts to such bank account of Lender as Lender may from time to time designate for such purpose ("Payment Account"). Borrower agrees that all payments made to such Blocked Accounts or other funds received and collected by Lender, whether on the Accounts or as proceeds of Inventory or other Collateral or otherwise shall be the property of Lender. (b) For purposes of calculating the amount of the Loans available to Borrower, such payments will be applied (conditional upon final collection) to the Obligations on the business day of receipt by Lender of immediately available funds in the Payment Account provided such payments and notice thereof are received in accordance with Lender's usual and customary practices as in effect from time to time and within sufficient time to credit Borrower's loan account on such day, and if not, then on the next business day. For the purposes of calculating interest on the Obligations, such payments or other funds received will be applied (conditional upon final collection) to the Obligations one (1) business day following the date of receipt of immediately available funds by Lender in the Payment Account provided such payments or other funds and notice thereof are received in accordance with Lender's usual and customary practices as in effect from time to time and within sufficient time to credit Borrower's loan account on such day, and if not, then on the next business day. (c) Borrower and all of its affiliates, subsidiaries, shareholders, directors, employees or agents shall, acting as trustee for Lender, receive, as the property of Lender, any monies, checks, notes, drafts or any other payment relating to and/or proceeds of Accounts or other Collateral which come into their possession or under their control and immediately upon receipt thereof, shall deposit or cause the same to be deposited in the Blocked Accounts, or remit the same or cause the same to be remitted, in kind, to Lender. In no event shall the same be commingled with Borrower's own funds. Borrower agrees to reimburse Lender on demand for any amounts owed or paid to any bank at which a Blocked Account is established or any other bank or person involved in the transfer of funds to or from the Blocked Accounts arising out of Lender's payments to or indemnification of such bank or person. The obligation of Borrower to reimburse Lender for such amounts pursuant to this Section 6.3 shall survive the termination or non-renewal of this Agreement.
Location of accounts Each Borrower shall promptly: (a) comply with any requirement of the Agent as to the location or re-location of the Accounts (or any of them); and (b) execute any documents which the Agent specifies to create or maintain in favour of the Security Trustee a Security Interest over (and/or rights of set-off, consolidation or other rights in relation to) the Accounts.
Addition of Accounts (a) (i) If, from time to time, Funding (A) becomes obligated to designate Additional Accounts pursuant to Subsection 2.08(a) of the Pooling and Servicing Agreement, or (B) elects to designate Additional Accounts pursuant to Subsection 2.08(b) of the Pooling and Servicing Agreement, then in either case Funding may, at its option, give Capital One written notice thereof on or before the eighth Business Day prior to the Addition Date therefor, and upon receipt of such notice Capital One shall on or before the Addition Date, designate sufficient Eligible Accounts to be included as Additional Accounts as requested by Funding. (ii) Additionally, Capital One may, at its option and with the consent of Funding, designate newly originated Eligible Accounts to be included as Additional Accounts. (b) On the Addition Date with respect to any designation of Additional Accounts, such Additional Accounts shall become Accounts, and Funding shall purchase Capital One’s right, title and interest in, to and under the Receivables in such Additional Accounts and the related Purchased Assets as provided in Section 2.01, subject to the satisfaction of the following conditions on such Addition Date: (i) Capital One shall have delivered to Funding copies of UCC financing statements covering such Additional Accounts, if necessary to perfect Funding’s interest in the Receivables arising therein and the related Purchased Assets; (ii) as of each of the Additional Cut-Off Date and the Addition Date, no Insolvency Event with respect to Capital One shall have occurred nor shall the sale of the Receivables arising in the Additional Accounts and the related Purchased Assets to Funding have been made in contemplation of the occurrence thereof; (iii) Capital One shall have delivered to Funding an Officer’s Certificate of Capital One, dated the Addition Date, to the effect that (A) Capital One reasonably believes that such addition will not, based on the facts known to such officer at the time of such certification, then cause a Pay Out Event under the Pooling and Servicing Agreement or any event to occur that, after the giving of notice or the lapse of time would constitute a Pay Out Event under the Pooling and Servicing Agreement and (B) in the case of Additional Accounts, no selection procedure was utilized by Capital One that would result in a selection of Additional Accounts (from the available Eligible Accounts owned by Capital One) that would be materially adverse to the interests of Funding as of the date of the addition; (iv) Capital One shall have indicated in its computer files that Receivables created in connection with such Additional Accounts and the related Purchased Assets have been sold to Funding and shall have delivered to Funding the Account Schedule with respect to such Additional Accounts (in the case of Additional Accounts designated pursuant to Subsection 2.02(a)(i)); (v) Capital One and Funding shall have entered into a duly executed, written assignment, substantially in the form of Exhibit A (the “Supplemental Conveyance”); and (vi) Capital One shall have delivered to Funding an Officer’s Certificate of Capital One, dated the Addition Date, confirming, to the extent applicable, the items set forth in clauses (i) through (v) above.
Reconciliation of Accounts Any reconciliation of Accounts performed by any party hereto, or any Subservicer or Subcontractor shall be prepared no later than 45 calendar days after the bank statement cutoff date. * * * * * *
Administration of Accounts (a) The Administrative Agent retains the right after the occurrence and during the continuance of an Event of Default to notify the Account Debtors to pay all amounts owing on Accounts constituting Collateral to the Administrative Agent, for the benefit of the Lender Group, and to collect the Accounts directly in its own name and to charge the collection costs and expenses, including attorneys’ fees, to the Borrower Parties. The Administrative Agent has no duty to protect, insure, collect or realize upon the Accounts or preserve rights in them. Each Borrower Party irrevocably makes, constitutes and appoints the Administrative Agent as such Borrower Party’s true and lawful attorney and agent-in-fact to endorse such Borrower Party’s name on any checks, notes, drafts or other payments relating to the Accounts which come into the Administrative Agent’s possession or under the Administrative Agent’s control as a result of its taking any of the foregoing actions. Additionally, upon the occurrence and during the continuance of an Event of Default, the Administrative Agent, for the benefit of the Lender Group, shall have the right to collect and settle or adjust all disputes and claims directly with the Account Debtor and to compromise the amount or extend the time for payment of the Accounts upon such terms and conditions as the Administrative Agent may deem advisable, and to charge the deficiencies, reasonable costs and expenses thereof, including attorney’s fees, to the Borrower Parties. (b) If an Account includes a charge for any tax payable to any governmental taxing authority, upon the occurrence and during the continuance of an Event of Default, the Administrative Agent on behalf of the Lenders is authorized, in its sole discretion, to pay the amount thereof to the proper taxing authority for the account of the applicable Borrower Party and to make a Base Rate Advance to the Borrowers to pay therefor. The Borrower Parties shall notify the Administrative Agent if any Account includes any tax due to any governmental taxing authority and, in the absence of such notice, the Administrative Agent shall have the right to retain the full proceeds of the Account and shall not be liable for any taxes to any governmental taxing authority that may be due by any Borrower Party by reason of the sale and delivery creating the Account. (c) Whether or not a Default has occurred, any of the Administrative Agent’s officers, employees or agents shall have the right after prior notice to the Administrative Borrower (provided no prior notice shall be required if an Event of Default shall have occurred and be continuing), at any time or times hereafter, in the name of the Lenders, or any designee of the Lenders or the Borrower Parties, to verify the validity, amount or other matter relating to any Accounts by mail, telephone, telegraph or otherwise. The Borrower Parties shall cooperate fully with the Administrative Agent and the Lenders in an effort to facilitate and promptly conclude any such verification process.
Termination of Account We may terminate your account at any time without notice to you or may require you to close your account and apply for a new account if: (1) there is a change in owners or authorized signers; (2) there has been a forgery or fraud reported or committed involving your account; (3) there is a dispute as to the ownership of the account or of the funds in the account; (4) any checks or drafts are lost or stolen; (5) there are excessive returned unpaid items not covered by an overdraft protection plan; (6) there has been any misrepresentation or any other abuse of any of your accounts; or (7) we reasonably deem it necessary to prevent a loss to us. You may terminate an individual account by giving written notice. We reserve the right to require the consent of all owners to terminate a joint account. We are not responsible for payment of any check, draft, withdrawal, transaction, or other item after your account is terminated; however, if we pay an item after termination, you agree to reimburse us.
Payment of Accounts (a) Company will irrevocably direct all of its present and future Account Debtors and other Persons obligated to make payments constituting Collateral to make such payments directly to the lockbox maintained by Company (the "Lockbox") with Xxxxx Fargo pursuant to the terms of the Clearing Account Agreement dated August , 2003 among the Company, Laurus and Xxxxx Fargo Bank, (the "Lockbox Agreement")or such other financial institution accepted by Laurus in writing as may be selected by Company (the "Lockbox Bank"). On or prior to the Closing Date, Company shall and shall cause the Lockbox Bank to enter into all such documentation acceptable to Laurus pursuant to which, among other things, the Lockbox Bank agrees to: (a) sweep the Lockbox on a daily basis and deposit all checks received therein to an account designated by Laurus in writing and (b) comply only with the instructions or other directions of Laurus concerning the Lockbox. All of Company's invoices, account statements and other written or oral communications directing, instructing, demanding or requesting payment of any Account of Company or any other amount constituting Collateral shall conspicuously direct that all payments be made to the Lockbox or such other address as Laurus may direct in writing. If, notwithstanding the instructions to Account Debtors, Company receives any payments, Company shall immediately remit such payments to Laurus in their original form with all necessary endorsements. Until so remitted, Company shall hold all such payments in trust for and as the property of Laurus and shall not commingle such payments with any of its other funds or property. Company shall pay Laurus five percent (5%) of the amount of any payment so received by Company and not delivered in kind to Laurus within five (5) Business Days following Company's receipt thereof. (b) At Laurus' election, following the occurrence of an Event of Default, Laurus may notify Company's Account Debtors of Laurus' security interest in the Accounts, collect them directly and charge the collection costs and expenses thereof to Company's account.
Statement of Account 5.1 Sending periodic statement of account
Notification of Account Debtors MLBFS may notify any Account Debtor that its Account or Chattel Paper has been assigned to MLBFS and direct such Account Debtor to make payment directly to MLBFS of all amounts due or becoming due with respect to such Account or Chattel Paper; and MLBFS may enforce payment and collect, by legal proceedings or otherwise, such Account or Chattel Paper.

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