Statements and accounts Clause Samples

Statements and accounts. (a) the Bank shall maintain in accordance with its usual practice accounts evidencing the amounts from time to time lent by and owing to it hereunder, including: (i) the amount of each Advance made or arising hereunder; (ii) the amount of all principal, interest, linkage differentials and other amounts due from the Borrower to it hereunder; and (iii) the amount of any sum received or recovered by it hereunder. (b) Unless expressly provided to the contrary, any certification or determination by the Bank of a rate or amount under the Finance Documents is, in the absence of manifest error, prima facie evidence of the matters to which it relates. (c) In any legal action or proceeding arising out of or in connection with the Finance Documents: (i) the entries made in the statements and accounts maintained pursuant to paragraph (a) above shall be prima facie evidence of the existence and amounts of the specified obligations of the Borrower; and (ii) a certificate of the Bank signed by a relevant senior officer as to its Wholesale Interest Rate for the purpose of determining the interest rate in respect of an Advance shall, in the absence of manifest or proven error, constitute conclusive evidence of such Wholesale Interest Rate. (d) A certificate of the Bank as to: (a) the amount by which a sum payable to it hereunder is to be increased under Section 10 (Taxes) above; or (b) the amount for the time being required to indemnify it against any such cost, payment or liability as is mentioned in Section 11 (Increased Costs) above shall, in the absence of manifest or proven error, be prima facie evidence of the existence and amounts of the specified obligations of the Borrower.
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Statements and accounts. The Trustee will cause to be established and maintained an account (the "Account") in the name of the Annuitant which will reflect all contributions made to the LIRA, all investment transactions made on the directions of the Annuitant, and any withdrawals from the LIRA. At least once annually, the Trustee shall cause to be forwarded to the Annuitant a statement indicating the sums deposited and their source, the accumulated earnings, if any, the fees debited since the last statement, and the balance of the LIRA.
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Statements and accounts. The Trustees shall cause the PRIM Board to prepare and distribute statements of assets and transactions to each Participant in the SRBT Fund. Annually, within ninety (90) days after the close of the SRBT Fund’s fiscal year, the Trustees shall furnish or cause the PRIM Board to furnish a written account of the operation of the SRBT Fund for the preceding fiscal year to each Participant. Any Participant to which an account is furnished may approve such account by an instrument in writing delivered to the Trustees and the PRIM Board. If objections to specific items in such account are filed with the Trustees and the PRIM Board within sixty (60) days after the account has been furnished and the Trustees and the PRIM Board believe such objections to be valid, the Trustees and the PRIM Board may cause the PRIM Board to adjust the account in such manner as they deem equitable under the circumstances. Each Participant to which the PRIM Board furnishes an account shall be notified by the PRIM Board of any adjustments so made. If all Participants to which such account of the PRIM Board furnished by the Trustees, approve such account, or no objections to specific items in such account are filed by any Participant with the Trustees and the PRIM Board within sixty (60) days after the account has been furnished, or objections to specified items in such account are filed with the Trustees and the PRIM Board within sixty (60) days after the account has been furnished, and the PRIM Board and the Trustees give no notice of any adjustment to the account within one hundred and fifty (150) days after such account has been furnished, then, and in any of said events, the account of the PRIM Board, with respect to all matters contained therein (as originally furnished if no adjustment was made, or as adjusted if an adjustment was made), shall be deemed to have been approved by all Participants.
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Statements and accounts. 6.1 BBB shall prepare and provide royalty statements to RFUCMS throughout the term of the Agreement and any extension thereof covering the periods ending [***] respectively, within [***] from the end of the quarter to which they relate, providing such information as is reasonably required by RFUCMS to permit an accurate determination of the amount payable by BBB to RFUCMS in accordance with Section 4 of this Agreement. 6.2 The royalty statements delivered by BBB to RFUCMS shall be accompanied by payment of the royalties due for the period ending [***] of each year during the term of this Agreement and any extension thereof. Payments shall be made by a bank wire transfer of immediately available funds to an account designated by RFUCMS from time to time. Net Sales not invoiced in pounds sterling shall be converted prior to royalty calculation using the rate of exchange quoted in Wall Street Journal on the day such royalty payment is due to be made. 6.3 Where required by law, BBB shall withhold taxes required to be paid by any taxing authority on account of any payment to RFUCMS hereunder, and BBB shall obtain and furnish to RFUCMS satisfactory evidence of such withholding and payment in order for RFUCMS to obtain a tax credit or other relief as may be available under applicable law. *** Confidential treatment request pursuant to a request for confidential treatment filed with the Securities and Exchange Commission. Omitted portions have been filed separately with the Commission. 6.4 BBB shall keep full, accurate and complete records and books of account relating to the Net Sales Value of Product sold by BBB, its distributors and sub-licensees, and all royalties and similar fees received by BBB. BBB shall make such records available to RFUCMS during normal business hours, upon reasonable prior notice and permit RFUCMS and its authorised representative to inspect the records, and to take extracts from, and make copies of, the records. BBB shall afford all facilities and collaboration to RFUCMS and its authorised representatives for such inspections and furnish representatives with the information necessary to understanding the records; and keep all the records intact for a period of not less than [***]. 6.5 RFUCMS may from time to time, upon reasonable prior notice to BBB have the records and books of account kept in accordance with Article 6.4 audited or examined by a duly authorised, independent accountant to ascertain the accuracy of the payments made by B...
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Statements and accounts. (a) the Bank shall maintain in accordance with its usual practice accounts evidencing the amounts from time to time lent by and owing to it hereunder, including: (i) the amount of each Advance made or arising hereunder; (ii) the amount of all principal, interest, linkage differentials and other amounts due from the Borrower to it hereunder; and (iii) the amount of any sum received or recovered by it hereunder. (b) Unless expressly provided to the contrary, any certification or determination by the Bank of a rate or amount under the Finance Documents is, in the absence of manifest error, prima facie evidence of the matters to which it relates.
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Statements and accounts. Unless expressly provided to the contrary, statements and accounts maintained by the Agent and/or a Senior Lender in connection with the Finance Documents are (as between such Senior Lender and any Obligor) absent manifest error, prima facie evidence of the matters to which they relate.
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Statements and accounts. The Operator shall on or before the last day of a month debit each Non-Operator for its proportionate share of costs and expenditures during such preceding month and forward to each Non-Operator an accounting statement showing the details of all charges and credits for the Joint Account.
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Statements and accounts. (a) Each Senior Lender shall maintain in accordance with its usual practice accounts evidencing the amounts from time to time lent by and owed to it hereunder. (b) The Agent shall maintain on its books a control account or accounts in which shall be recorded: (i) the amount of the Loans made or arising hereunder and each Senior Lenders’ share therein; (ii) the amount of all principal, Interest, Linkage Differentials and other amounts due from the Borrower to any of the Senior Lenders hereunder and each Senior Lenders’ share therein; and (iii) the amount of any sum received or recovered by the Agent hereunder and each Senior Lenders’ share therein.
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Related to Statements and accounts

  • Books and Accounts (a) The General Partner shall cause the Partnership to keep and maintain at its principal executive office full and complete books and records which shall include each of the following: (1) a current list of the full name and last known business or residence address of each Partner set forth in alphabetical order together with the Capital Contribution and the share in Income and Losses of each Partner; (2) a copy of the Certificate of Limited Partnership and all certificates of amendment thereto, together with executed copies of any powers of attorney pursuant to which any certificate has been executed; (3) copies of the Partnership's federal, state and local income tax information returns and reports, if any, for the six most recent taxable years; (4) copies of the original of this Agreement and all amendments thereto; (5) financial statements of the Partnership for the six most recent fiscal years; and (6) the Partnership's books and records for at least the current and past three fiscal years. (b) Upon the request of the Limited Partner, the General Partner shall promptly deliver to the Limited Partner, at the expense of the Partnership, a copy of the information set forth in Section 14.1(a) above. The Limited Partner shall have the right upon reasonable request and during normal business hours to inspect and copy any of the foregoing, or any of the other books and records of the Partnership or the Project at its own expense.

  • Records and Accounts The Trustee shall maintain accurate and detailed records and accounts of all transactions of the Trust, which shall be available at all reasonable times for inspection by any legally entitled person or entity to the extent required by applicable law, or any other person determined by the Committee.

  • Loan Account and Accounting Agent shall maintain a loan account (the "Loan Account") on its books to record: all Advances, all payments made by Borrower, and all other debits and credits as provided in this Agreement with respect to the Loans or any other Obligations. All entries in the Loan Account shall be made in accordance with Agent's customary accounting practices as in effect from time to time. The balance in the Loan Account, as recorded on Agent's most recent printout or other written statement, shall, absent manifest error, be presumptive evidence of the amounts due and owing to Agent and Lenders by Borrower; provided, that any failure to so record or any error in so recording shall not limit or otherwise affect Borrower's duty to pay the Obligations. Agent shall render to Borrower a monthly accounting of transactions with respect to the Loans setting forth the balance of the Loan Account for the immediately preceding month. Unless Borrower notifies Agent in writing of any objection to any such accounting (specifically describing the basis for such objection), within 30 days after the date thereof, each and every such accounting shall (absent manifest error) be deemed final, binding and conclusive on Borrower in all respects as to all matters reflected therein. Only those items expressly objected to in such notice shall be deemed to be disputed by Borrower. Notwithstanding any provision herein contained to the contrary, any Lender may elect (which election may be revoked) to dispense with the issuance of Notes to that Lender and may rely on the Loan Account as evidence of the amount of Obligations from time to time owing to it.

  • Funds and Accounts Section 7.1. Authorization to Create Funds and Accounts 21 Section 7.2. Investment of Funds 21 Section 7.3. Establishment of Funds 21 Section 7.4. Funding Loan Payment Fund 21 Section 7.5. Expense Fund 22 Section 7.6. Closing Costs Fund 23 Section 7.7. Project Fund 23 Section 7.8. Rebate Fund 25

  • Statement of Accounts The Company shall provide to the Director, within one hundred twenty (120) days after each anniversary of this Agreement, a statement setting forth the Deferral Account balance.