Common use of Statement of Account Clause in Contracts

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, ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇▇▇’ Account shall be conclusive evidence absent manifest error of the amounts of Advances and other charges thereto and of payments applicable thereto.

Appears in 19 contracts

Sources: Revolving Credit and Security Agreement (Quantum Corp /De/), Revolving Credit and Security Agreement (Quantum Corp /De/), Revolving Credit and Security Agreement (Quantum Corp /De/)

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, ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇▇▇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 4 contracts

Sources: 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 ("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, ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇▇▇' 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

Sources: Revolving Credit and Security Agreement (Great Lakes Dredge & Dock CORP), 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 (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, ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇▇▇’ 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 3 contracts

Sources: Loan and Security Agreement (Veeco Instruments Inc), 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 (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, ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇ and Borrowers Borrower unless Agent receives a written statement of Borrowers’ ▇▇▇▇▇▇▇▇’s specific exceptions thereto within thirty (30) days after such statement is received by Borrowing Agent▇▇▇▇▇▇▇▇. The records of Agent with respect to ▇▇▇▇▇▇▇▇▇’ ’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

Sources: 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, ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇▇▇’ 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

Sources: 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 (“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, ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇▇▇’ 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

Sources: Revolving Credit and Security Agreement (Styrochem International Inc), Revolving Credit and Security Agreement (Styrochem International LTD)

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, ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇▇▇’ 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

Sources: 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, ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇▇▇’ 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

Sources: 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 ("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, ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇▇▇’ 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

Sources: 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 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, ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇▇▇Borrowers’ 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

Sources: 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, ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇▇▇’ 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

Sources: 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 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 By the tenth day of 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 AgentLenders and Borrower, ▇▇▇▇▇▇▇ and Borrowers during such the preceding 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 ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇▇▇’ 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.

Appears in 1 contract

Sources: Revolving Credit and Security Agreement (Allstate Financial Corp /Va/)

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, ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇▇▇’ 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

Sources: 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; 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, ▇▇▇▇▇▇▇ and Borrowers during such month. The monthly statements shall be deemed prima facie correct and binding upon Borrowers in the absence of manifest error and shall constitute an account stated between ▇▇▇▇▇▇▇ Lenders and Borrowers unless Agent receives a written statement of Borrowers' specific exceptions thereto within thirty sixty (3060) days after such statement is received by Borrowing Agent. The records of Agent with respect to ▇▇▇▇▇▇▇▇▇’ Account the loan account shall be prima facie conclusive evidence absent manifest error of the amounts of Advances and other charges thereto and of payments applicable thereto.

Appears in 1 contract

Sources: Revolving Credit, Term Loan and Security Agreement (Semx Corp)

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 AgentLenders and Borrower, ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇▇▇’ 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

Sources: Loan Agreement (Verrazano,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, ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇▇▇’ 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

Sources: 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 on a collective basis 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, ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇▇▇’ 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

Sources: Revolving Credit, Term Loan, Guaranty and Security Agreement (Sunsource 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, ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇ Lenders and Borrowers unless Agent receives a written statement of Borrowers' specific exceptions thereto within thirty (30) 30 days after such statement is received by Borrowing Agent. The records of Agent with respect to ▇▇▇▇▇▇▇▇▇’ 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

Sources: Revolving Credit, Term Loan and Security Agreement (Waxman Industries 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 Innovex 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, ▇▇▇▇▇▇▇ Lenders and Borrowers Loan Parties during such month. The monthly statements shall be deemed correct and binding upon Borrowers Loan Parties in the absence of manifest error and shall constitute an account stated between ▇▇▇▇▇▇▇ Lenders and Borrowers Loan Parties unless Agent receives a written statement of BorrowersLoan Parties’ specific exceptions thereto within thirty (30) days after such statement is received by Borrowing AgentB▇▇▇▇▇▇▇. The records of Agent with respect to B▇▇▇▇▇▇▇▇▇’ ’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

Sources: Revolving Credit Agreement (Innovex International, Inc.)

Statement of Account. Agent shall maintain, in accordance with its customary procedures, a loan account (“Borrowers’ 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, ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇▇▇’ 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

Sources: Revolving Credit and Security Agreement (Brightstar 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; 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, ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇ Lenders and Borrowers unless Agent receives a written statement of Borrowers' specific exceptions thereto within thirty sixty (3060) days after such statement is received by Borrowing Agent. The records of Agent with respect to ▇▇▇▇▇▇▇▇▇’ 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

Sources: Revolving Credit and Security Agreement (Trescom 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 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, ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇▇▇’ 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

Sources: Loan and Security Agreement (Bucyrus International Inc)

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, ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇▇▇’ 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

Sources: Revolving Credit and Security Agreement (Badger Paper Mills 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, ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇▇▇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

Sources: 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 AgentLenders and Borrowers, during such month. The monthly st▇▇▇▇▇▇▇ and Borrowers during such month. The monthly statements ▇s shall be deemed correct and binding upon Borrowers in the absence of manifest error and shall constitute an account stated between ▇▇▇▇▇▇▇ Lenders and Borrowers unless Agent receives a written statement sta▇▇▇▇▇▇ of Borrowers' specific exceptions thereto within thirty (30) days after such statement is received by Borrowing Agent. The records of Agent with respect to ▇▇▇▇▇▇▇▇▇’ 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

Sources: Loan and Security Agreement (Bucyrus International 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, ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇▇▇’ 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

Sources: Financing Agreement (Cpac Inc)

Statement of Account. The 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 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 month, the 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 Agentthe Agent and Borrower, ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇ Lenders and Borrowers Borrower unless the 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 the Agent with respect to ▇▇▇▇▇▇▇▇▇’ 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

Sources: Credit, Guaranty and Security Agreement (Evergreen International Aviation 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, ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇ Lenders and Borrowers Borrower unless Agent receives a written statement of Borrowers’ Borrower's specific exceptions thereto within thirty sixty (3060) days after such statement is received by Borrowing AgentBorrower. The records of Agent with respect to ▇▇▇▇▇▇▇▇▇’ Account the loan amount 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

Sources: Credit and Security Agreement (Pc Connection 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, ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇▇▇’ 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

Sources: Credit and Security Agreement (Ferroglobe PLC)

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, ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇▇▇’ 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

Sources: Credit 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, ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇▇▇’ 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

Sources: 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 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, ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇▇▇’ 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

Sources: Revolving Credit Loan and Security Agreement (Intelligroup Inc)

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, ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇▇▇’ 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 1 contract

Sources: Revolving Credit and Security Agreement (Radnor Holdings 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 Agent, ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇▇▇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

Sources: Revolving Credit and Security Agreement (Virco MFG Corporation)

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 AgentLenders and Borrower, ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇▇▇’ 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

Sources: Revolving Credit, Term Loan and Security Agreement (Fonda Group 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, ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇ Lenders and Borrowers unless Agent receives a written statement of Borrowers’ specific exceptions thereto within thirty sixty (3060) days after such statement is received by Borrowing Agent. The records of Agent with respect to ▇▇▇▇▇▇▇▇▇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

Sources: Revolving Credit and Security Agreement (Finish Line Inc /In/)

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, ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇▇▇’ 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

Sources: 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, ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇▇▇Borrowers’ 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

Sources: 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’ "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 AgentLenders and Borrower, ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇▇▇’ 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.

Appears in 1 contract

Sources: Revolving Credit and Security Agreement (Cygne Designs 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 AgentLenders and Borrowers, ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇▇▇’ 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

Sources: Loan and Security Agreement (Stanadyne Automotive 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 AgentLenders and Borrower, ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇ Lenders and Borrowers Borrower unless Agent receives a written statement of Borrowers’ Borrower's specific exceptions thereto within thirty sixty (3060) days after such statement is received by Borrowing AgentBorrower. The records of Agent with respect to ▇▇▇▇▇▇▇▇▇’ 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.

Appears in 1 contract

Sources: Revolving Credit, Term Loan and Security Agreement (Danskin 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, ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇▇▇’ 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

Sources: Revolving Credit and Security Agreement (Warner Chilcott PLC)

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, ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇▇▇’ 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

Sources: 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”"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, that 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, ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇▇▇’ 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

Sources: 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 date, amount and amount currency of each Advance made by Agent or Lenders and the date date, amount and amount currency of each payment in respect thereof; provided, however, the failure by Agent to record the date date, amount and amount currency 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, ▇▇▇▇▇▇▇ Agent 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 ▇▇▇▇▇▇▇ Lenders and Borrowers Borrower unless Agent receives a written statement of Borrowers’ Borrower’s specific exceptions thereto within thirty sixty (3060) days after such statement is received by Borrowing AgentBorrower. The records of Agent with respect to ▇▇▇▇▇▇▇▇▇’ 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

Sources: Revolving Credit and Security Agreement (Johnson Outdoors Inc)

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, ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇▇▇’ 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 1 contract

Sources: Revolving Credit and Security Agreement (Radnor Holdings Corp)