Account Stated. Agent shall maintain, in accordance with its customary practices, loan account(s) evidencing the Debt of Borrowers hereunder. Any failure of Agent to record anything in a loan account, or any error in doing so, shall not limit or otherwise affect the obligation of Borrowers to pay any amount owing hereunder. Entries made in a loan account shall constitute presumptive evidence of the information contained therein. If any information contained in a loan account is provided to or inspected by any Person, the information shall be conclusive and binding on such Person for all purposes absent manifest error, except to the extent such Person notifies Agent in writing within 30 days after receipt or inspection that specific information is subject to dispute.
Appears in 45 contracts
Sources: Loan Agreement (Guess Inc), Loan and Security Agreement (Mynd.ai, Inc.), Loan, Guaranty and Security Agreement (Turtle Beach Corp)
Account Stated. The Agent shall maintain, maintain in accordance with its usual and customary practices, loan practices account(s) evidencing the Debt of Borrowers hereunder. Any failure of Agent to record anything in a loan account, or any error in doing so, shall not limit or otherwise affect the obligation of Borrowers to pay any amount owing hereunder. Entries made in a loan account shall constitute presumptive evidence of the information contained therein. If any information contained in a loan account is provided to or inspected by any Person, the information shall be conclusive and binding on such Person for all purposes absent manifest error, except to the extent such Person notifies Agent in writing within 30 days after receipt or inspection that specific information is subject to dispute.
Appears in 23 contracts
Sources: First Lien Loan and Security Agreement (Duckhorn Portfolio, Inc.), Subordination Agreement (Summer Infant, Inc.), Loan and Security Agreement (Summer Infant, Inc.)
Account Stated. Agent shall maintain, in accordance with its customary practices, loan account(s) evidencing the Debt of Borrowers hereunder. Any failure of Agent to record anything in a loan account, or any error in doing so, shall not limit or otherwise affect the obligation of Borrowers to pay any amount owing hereunder. Entries made in a loan account shall constitute be presumptive evidence of the information contained therein. If any information contained in a loan account is provided to or inspected by any Personor on behalf of a Borrower, the information shall be conclusive and binding on such Person Borrowers for all purposes absent manifest error, except to the extent such Person Borrower Agent notifies Agent in writing within 30 days after receipt or inspection that of specific information is subject to dispute.
Appears in 11 contracts
Sources: Loan and Security Agreement (Alliance Entertainment Holding Corp), Loan, Security and Guaranty Agreement (Solaris Energy Infrastructure, Inc.), Loan and Security Agreement (FreightCar America, Inc.)
Account Stated. Agent shall maintain, in accordance with its customary practices, loan account(s) evidencing the Debt Indebtedness of Borrowers hereunder. Any failure of Agent to record anything in a loan account, or any error in doing so, shall not limit or otherwise affect the obligation of Borrowers to pay any amount owing hereunder. Entries made in a loan account shall constitute presumptive evidence of the information contained therein. If any information contained in a loan account is provided to or inspected by any Person, the information shall be conclusive and binding on such Person for all purposes absent manifest error, except to the extent such Person notifies Agent in writing within 30 days after receipt or inspection that specific information is subject to dispute.
Appears in 4 contracts
Sources: Loan Agreement (School Specialty Inc), Loan and Security Agreement (Casella Waste Systems Inc), Loan Agreement (School Specialty Inc)
Account Stated. Agent shall maintain, in accordance with its customary practices, loan account(s) evidencing the Debt of Borrowers hereunder. Any failure of Agent to record anything in a loan account, or any error in doing so, shall not limit or otherwise affect the obligation of Borrowers to pay any amount owing hereunder. Entries made in a loan account shall constitute be presumptive evidence of the information contained therein. If any information contained in a loan account is provided to or inspected by any Personor on behalf of an Obligor, the information shall be conclusive and binding on such Person Obligors for all purposes absent manifest error, except to the extent such Person Borrower Agent notifies Agent in writing within 30 days after receipt or inspection that of specific information is subject to dispute.
Appears in 4 contracts
Sources: Loan and Security Agreement (Commercial Vehicle Group, Inc.), Loan and Security Agreement (Commercial Vehicle Group, Inc.), Loan and Security Agreement (Commercial Vehicle Group, Inc.)
Account Stated. Agent shall maintain, in accordance with its customary practices, loan account(s) evidencing the Debt of Borrowers hereunder. Any failure of Agent to record anything in a loan account, or any error in doing so, shall not limit or otherwise affect the obligation of Borrowers to pay any amount owing hereunder. Entries made in a loan account shall constitute presumptive evidence of the information contained therein. If any information contained in a loan account is provided to or inspected by any Person, the information shall be conclusive and binding on such Person for all purposes absent manifest error, except to the extent such Person notifies Agent in writing within 30 thirty (30) days after receipt or inspection that specific information is subject to dispute.
Appears in 3 contracts
Sources: Loan and Security Agreement (Chicago Atlantic Real Estate Finance, Inc.), Loan and Security Agreement (Chicago Atlantic Real Estate Finance, Inc.), Loan and Security Agreement (Chicago Atlantic Real Estate Finance, Inc.)
Account Stated. Agent shall maintain, in accordance with its customary practices, loan account(s) evidencing the Debt of Borrowers Borrower hereunder. Any failure of Agent to record anything in a loan account, or any error in doing so, shall not limit or otherwise affect the obligation of Borrowers Borrower to pay any amount owing hereunder. Entries made in a loan account shall constitute presumptive evidence of the information contained therein. If any information contained in a loan account is provided to or inspected by any Person, the information shall be conclusive and binding on such Person for all purposes absent manifest error, except to the extent such Person notifies Agent in writing within 30 days after receipt or inspection that specific information is subject to dispute.
Appears in 3 contracts
Sources: Loan, Security and Guarantee Agreement (Fitlife Brands, Inc.), Loan and Security Agreement (Vizio Holding Corp.), Senior Credit Agreement (Hornbeck Offshore Services Inc /La)
Account Stated. Agent shall maintain, in accordance with its customary practices, loan account(s) evidencing the Debt of Borrowers hereunder. Any failure of Agent to record anything in a loan account, or any error in doing so, shall not limit or otherwise affect the obligation of Borrowers to pay any amount owing hereunder. Entries made in a loan account shall constitute be presumptive evidence of the information contained therein. If any information contained in a loan account is provided to or inspected by any Personor on behalf of a Borrower, the information shall be conclusive and binding on such Person Borrowers for all purposes absent manifest error, except to the extent such Person Borrower Agent notifies Agent in writing within 30 days after receipt or inspection that specific information is subject to dispute.
Appears in 2 contracts
Sources: Loan Agreement (Inari Medical, Inc.), Loan and Security Agreement (Calix, Inc)
Account Stated. Agent shall maintain, in accordance with its customary practices, loan account(s) evidencing the Debt of Borrowers hereunder. Any failure of Agent to record anything in a loan account, or any error in doing so, shall not limit or otherwise affect the obligation of Borrowers to pay any amount owing hereunder. Entries made in a loan account shall constitute presumptive evidence of the information contained therein. If any information contained in a loan account is provided to or inspected by any Person, the information shall be conclusive and binding on such Person for all purposes absent manifest error, except to the extent such Person notifies Agent in writing within 30 days after receipt or inspection that specific information is subject to dispute. Taxes .
Appears in 2 contracts
Sources: Financing Agreement (Select Interior Concepts, Inc.), Financing Agreement (Select Interior Concepts, Inc.)
Account Stated. Agent shall maintain, in accordance with its customary practices, loan account(s) evidencing the Debt of Borrowers hereunder. Any failure of Agent to record anything in a loan account, or any error in doing so, shall not limit or otherwise affect the obligation of Borrowers to pay any amount owing hereunder. Entries made in a loan account shall constitute presumptive evidence of the information contained therein, absent manifest error. If any information contained in a loan account is provided to or inspected by any Person, the information shall be conclusive and binding on such Person for all purposes absent manifest error, except to the extent such Person notifies Agent in writing within 30 sixty (60) days after receipt or inspection that specific information is subject to dispute.
Appears in 2 contracts
Sources: Loan Agreement (Innovative Industrial Properties Inc), Loan Agreement (Innovative Industrial Properties Inc)
Account Stated. Agent shall maintain, in accordance with its customary practices, loan account(s) evidencing the Debt of Borrowers Borrower hereunder. Any failure of Agent to record anything in a loan account, or any error in doing so, shall not limit or otherwise affect the obligation of Borrowers Borrower to pay any amount owing hereunder. Entries made in a loan account shall constitute be presumptive evidence of the information contained therein. If any information contained in a loan account is provided to or inspected by any Personor on behalf of ▇▇▇▇▇▇▇▇, the information shall be conclusive and binding on such Person Borrower for all purposes absent manifest error, except to the extent such Person Borrower notifies Agent in writing within 30 days after receipt or inspection that of specific information is subject to dispute. 5.8 Taxes 5.
Appears in 1 contract
Sources: Loan and Security Agreement (Summit Midstream Partners, LP)
Account Stated. Agent shall maintain, in accordance with its customary practices, loan account(s) evidencing the Debt of Borrowers Borrower hereunder. Any failure of Agent to record anything in a loan account, or any error in doing so, shall not limit or otherwise affect the obligation of Borrowers Borrower to pay any amount owing hereunder. Entries made in a loan account shall constitute be presumptive evidence of the information contained therein. If any information contained in a loan account is provided to or inspected by any Personor on behalf of Borrower, the information shall be conclusive and binding on such Person Borrower for all purposes absent manifest error, except to the extent such Person Borrower notifies Agent in writing within 30 days after receipt or inspection that of specific information is subject to dispute.
Appears in 1 contract
Sources: Loan and Security Agreement (Summit Midstream Partners, LP)
Account Stated. Agent shall maintain, in accordance with its customary practices, loan account(s) evidencing the Debt of Borrowers Borrower hereunder. Any failure of Agent to record anything in a loan account, or any error in doing so, shall not limit or otherwise affect the obligation of Borrowers Borrower to pay any amount owing hereunder. Entries made in a loan account shall constitute be presumptive evidence of the information contained therein. If any information contained in a loan account is provided to or inspected by any Personor on behalf of ▇▇▇▇▇▇▇▇, the information shall be conclusive and binding on such Person Borrower for all purposes absent manifest error, except to the extent such Person Borrower notifies Agent in writing within 30 days after receipt or inspection that of specific information is subject to dispute.
Appears in 1 contract
Sources: Loan and Security Agreement (Summit Midstream Partners, LP)
Account Stated. Agent shall maintain, in accordance with its customary practices, loan account(s) evidencing the Debt of Borrowers hereunder. Any failure of Agent to record anything in a loan account, or any error in doing so, shall not limit or otherwise affect the obligation of Borrowers to pay any amount owing hereunder. Entries made in a loan account shall constitute presumptive evidence of the information contained therein. If any information contained in a loan account is provided to or inspected by any Person, the information shall be conclusive and binding on such Person for all purposes absent manifest error, except to the extent such Person notifies Agent in writing within 30 thirty (30) days after receipt or inspection that specific information is subject to dispute.
Appears in 1 contract
Account Stated. Agent shall maintain, in accordance with its customary practices, loan account(s) evidencing the Debt of Borrowers hereunder. Any failure of Agent to record anything in a loan account, or any error in doing so, shall not limit or otherwise affect the obligation of Borrowers to pay any amount owing hereunder. Entries made in a loan account shall constitute presumptive evidence of the information contained therein. If any information contained in a loan account is provided to or inspected by any Person, the information shall be conclusive and binding on such Person for all purposes absent manifest error, except to the extent such Person notifies Agent in writing within 30 days after receipt or inspection that specific information is subject to dispute.. 5.9Taxes.
Appears in 1 contract
Sources: Loan and Security Agreement (Adara Acquisition Corp.)
Account Stated. Agent shall maintain, in accordance with its customary practices, loan account(s) evidencing the Debt of Borrowers Borrower hereunder. Any failure of Agent to record anything in a loan account, or any error in doing so, shall not limit or otherwise affect the obligation of Borrowers Borrower to pay any amount owing hereunder. Entries made in a loan account shall constitute presumptive evidence of the information contained therein. If any information contained in a loan account is provided to or inspected by any Person, the information shall be conclusive and binding on such Person for all purposes absent manifest error, except to the extent such Person notifies Agent in writing within 30 days after receipt or inspection that specific information is subject to dispute.
Appears in 1 contract
Sources: Loan Agreement (Chicago Atlantic Real Estate Finance, Inc.)
Account Stated. The Agent shall maintain, maintain in accordance with its usual and customary practices, loan practices account(s) evidencing the Debt of Borrowers hereunder. Any failure of Agent to record anything in a loan account, or any error in doing so, shall not limit or otherwise affect the obligation of Borrowers to pay any amount owing hereunder. Entries made in a loan account shall constitute presumptive evidence of the information contained therein. If any information contained in a loan account is provided to or inspected by any Person, the information shall be conclusive and binding on such Person for all purposes absent manifest error, except to the extent such Person notifies Agent in writing within 30 days after receipt or inspection that specific information is subject to dispute.. 5.9
Appears in 1 contract
Sources: Credit and Security Agreement (Titan International Inc)
Account Stated. Agent shall maintain, maintain in accordance with its usual and customary practices, loan practices account(s) evidencing the Debt of Borrowers hereunder. Any failure of Agent to record anything in a loan account, or any error in doing so, shall not limit or otherwise affect the obligation of Borrowers to pay any amount owing hereunder. Entries made in a loan account shall constitute presumptive evidence of the information contained therein. If any information contained in a loan account is provided to or inspected by any Person, the information shall be conclusive and binding on such Person for all purposes absent manifest error, except to the extent such Person notifies Agent in writing within 30 days after receipt or inspection that specific information is subject to dispute.
Appears in 1 contract
Sources: Loan and Security Agreement (American Vanguard Corp)
Account Stated. The Agent shall maintain, maintain in accordance with its usual and customary practices, loan practices account(s) evidencing the Debt of Borrowers hereunder. Any failure of Agent to record anything in a loan account, or any error in doing so, shall not limit or otherwise affect the obligation of Borrowers to pay any amount owing hereunder. Entries made in a loan account shall constitute presumptive evidence of the information contained therein. If any information contained in a loan account is provided to or inspected by any Person, the information shall be conclusive and binding on such Person for all purposes absent manifest error, except to the extent such Person notifies Agent in writing within 30 days after receipt or inspection that specific information is subject to dispute. 5.
Appears in 1 contract
Account Stated. Agent shall maintain, in accordance with its customary practices, loan account(s) evidencing the Debt of Borrowers within each Borrower Group hereunder. Any failure of Agent to record anything in a loan account, or any error in doing so, shall not limit or otherwise affect the obligation of Borrowers to pay any amount owing hereunder. Entries made in a loan account shall constitute presumptive evidence of the information contained therein. If any information contained in a loan account is provided to or inspected by any Person, the information shall be conclusive and binding on such Person for all purposes absent manifest error, except to the extent such Person notifies Agent in writing within 30 days after receipt or inspection that specific information is subject to dispute.
Appears in 1 contract
Account Stated. Agent shall maintain, in accordance with its customary practices, loan account(s) evidencing the Debt of Borrowers the Borrower hereunder. Any failure of Agent to record anything in a loan account, or any error in doing so, shall not limit or otherwise affect the obligation of Borrowers the Borrower to pay any amount owing hereunder. Entries made in a loan account shall constitute presumptive evidence of the information contained therein. If any information contained in a loan account is provided to or inspected by any Person, the information shall be conclusive and binding on such Person for all purposes absent manifest error, except to the extent such Person notifies Agent in writing within 30 days after receipt or inspection that specific information is subject to dispute.
Appears in 1 contract
Sources: Term Loan and Security Agreement (Key Energy Services Inc)
Account Stated. Agent shall maintain, in accordance with its customary practices, loan account(s) evidencing the Debt of Borrowers hereunder. Any failure of Agent to record anything in a loan account, or any error in doing so, shall not limit or otherwise affect the obligation of Borrowers to pay any amount owing hereunder. Entries made in a loan account shall constitute presumptive evidence of the information contained therein. If any information contained in a loan account is provided to or inspected by any Person, the information shall be conclusive and binding on such Person for all purposes absent manifest error, except to the extent such Person notifies Agent in writing within 30 days after receipt or inspection that specific information is subject to dispute. 5.
Appears in 1 contract
Sources: Loan and Security Agreement (Super Micro Computer, Inc.)
Account Stated. The Agent shall maintain, maintain in accordance with its usual and customary practices, loan practices account(s) evidencing the Debt of Borrowers hereunder. Any failure of Agent to record anything in a loan account, or any error in doing so, shall not limit or otherwise affect the obligation of Borrowers to pay any amount owing hereunder. Entries made in a loan account shall constitute presumptive evidence of the information contained therein. If any information contained in a loan account is provided to or inspected by any Person, the information shall be conclusive and binding on such Person for all purposes absent manifest error, except to the extent such Person notifies Agent in writing within 30 days after receipt or inspection that specific information is subject to dispute. 5.8.
Appears in 1 contract
Account Stated. Agent shall maintain, in accordance with its customary practices, loan account(s) evidencing the Debt of Borrowers within each Borrower Group hereunder. Any failure of Agent to record anything in a loan account, or any error in doing so, shall not limit or otherwise affect the obligation of Borrowers to pay any amount owing hereunder. Entries made in a loan account shall constitute presumptive evidence of the information contained therein. If any information contained in a loan account is provided to or inspected by any Person, the information shall be conclusive and binding on such Person for all purposes absent manifest error, except to the extent such Person notifies Agent in writing within 30 days after receipt or inspection that specific information is subject to dispute.. US-DOCS\123034949.14
Appears in 1 contract
Account Stated. Agent shall maintain, in accordance with its customary practices, loan account(s) evidencing the Debt of Borrowers hereunder. Any failure of Agent to record anything in a loan account, or any error in doing so, shall not limit or otherwise affect the obligation of Borrowers any Obligor to pay any amount owing hereunder. Entries made in a loan account shall constitute presumptive evidence of the information contained therein. If any information contained in a loan account is provided to or inspected by any Person, the information shall be conclusive and binding on such Person for all purposes absent manifest error, except to the extent such Person notifies Agent in writing within 30 days after receipt or inspection that specific information is subject to dispute.
Appears in 1 contract
Sources: Loan and Security Agreement (Advanced Micro Devices Inc)
Account Stated. Agent shall maintain, in accordance with its customary practices, loan account(s) evidencing the Debt of Borrowers hereunder. Any failure of Agent to record anything in a loan account, or any error in doing so, shall not limit or otherwise affect the obligation of Borrowers to pay any amount owing hereunder. Entries made in a loan account shall constitute be presumptive evidence of the information contained therein. If any information contained in a loan account is provided to or inspected by any Personor on behalf of a Borrower, the information shall be conclusive and binding on such Person Borrowers for all purposes absent manifest error, except to the extent such Person Borrower Agent notifies Agent in writing within 30 days after receipt or inspection that specific information is subject to dispute.. -38-
Appears in 1 contract
Sources: Loan Agreement (Key Tronic Corp)
Account Stated. Agent shall maintain, in accordance with its customary practices, loan account(s) evidencing the Debt of Borrowers hereunder. Any failure of Agent to record anything in a loan account, or any error in doing so, shall not limit or otherwise affect the obligation of Borrowers to pay any amount owing hereunder. Entries made in a loan account shall constitute presumptive evidence of the information contained thereintherein absent manifest error. If any information contained in a loan account is provided to or inspected by any Person, the information shall be conclusive and binding on such Person for all purposes absent manifest error, except to the extent such Person notifies Agent in writing within 30 days after receipt or inspection that specific information is subject to dispute.
Appears in 1 contract
Sources: Loan, Security and Guarantee Agreement (GEE Group Inc.)