Common use of Account Stated Clause in Contracts

Account Stated. The books and records of Lender showing the account between Lender and Borrower shall be admissible in evidence in any action or proceeding against or involving Guarantor as prima facie proof of the items therein set forth, and the monthly statements of Lender rendered to Borrower, to the extent to which no written objection is made within thirty (30) days from the date of sending thereof to Borrower, shall be deemed conclusively correct and constitute an account stated between Lender and Borrower and be binding on Guarantor.

Appears in 9 contracts

Samples: Guarantee (Mad Catz Interactive Inc), Guarantee (Mad Catz Interactive Inc), Guarantee (Mad Catz Interactive Inc)

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Account Stated. The books and records of Lender showing the account between Lender and Borrower any one or more of Borrowers shall be admissible in evidence in any action or proceeding against or involving Guarantor Guarantors as prima facie proof of the items therein set forth, and the monthly statements of Lender rendered to any Borrower, to the extent to which no written objection is made within thirty (30) days from the date of sending thereof to any Borrower, shall shall, absent manifest errors or omissions, be deemed conclusively correct and constitute an account stated between Lender and such Borrower and be binding on GuarantorGuarantors.

Appears in 4 contracts

Samples: Atlantic Express Transportation Corp, Atlantic Express Transportation Corp, Atlantic Express Transportation Corp

Account Stated. The books and records of Lender showing the account between Lender Xxxxxx and Borrower Borrowers shall be admissible in evidence in any action or proceeding against or involving Guarantor as prima facie proof of the items therein set forth, and the monthly statements of Lender rendered to a Borrower, to the extent to which no written objection is made within thirty (30) days from the date of sending thereof to such Borrower, shall be deemed conclusively correct and constitute an account stated between Lender Xxxxxx and such Borrower and be binding on Guarantor.

Appears in 4 contracts

Samples: SMTC Corp, SMTC Corp, SMTC Corp

Account Stated. The books and records of Lender showing the account between Lender and Borrower shall be admissible in evidence in any action or proceeding against or involving Guarantor Guarantors as prima facie proof of the items therein set forth, and the monthly statements of Lender rendered to Borrower, to the extent to which no written objection is made within thirty (30) days from the date of sending thereof to Borrower, shall be deemed conclusively correct and constitute an account stated between Lender and Borrower and be binding on GuarantorGuarantors.

Appears in 3 contracts

Samples: Ecogen Inc, Pfsweb Inc, Consolidated Capital of North America Inc

Account Stated. The books and records of Lender showing the account between Lender and each Borrower shall be admissible in evidence in any action or proceeding against or involving Guarantor as prima facie proof of the items therein set forth, and the monthly statements of Lender rendered to BorrowerBorrowers, to the extent to which no written objection is made within thirty forty-five (3045) days from the date of sending thereof to BorrowerBorrowers, shall be deemed conclusively correct and constitute an account stated between Lender and Borrower Borrowers and be binding on Guarantor.

Appears in 2 contracts

Samples: Pacific Ethanol, Inc., Pacific Ethanol, Inc.

Account Stated. The books and records of Lender showing the account between Lender and Borrower Borrowers shall be admissible in evidence in any action or proceeding ox xxxxeeding against or involving Guarantor Guarantors as prima facie proof of the items therein set forth, and the monthly statements of Lender rendered to BorrowerBorrowers, to the extent to which no written objection is made within thirty (30) days from the date of sending thereof to BorrowerBorrowers, shall be deemed conclusively correct and constitute an account stated between Lender and Borrower Borrowers and be binding on GuarantorGuarantors.

Appears in 1 contract

Samples: Nutritional Sourcing Corp

Account Stated. The books and records of Lender showing the account between Lender and Borrower shall be admissible in evidence in any action or proceeding against or involving Guarantor as prima facie proof of the items therein set forth, and the monthly statements of Lender rendered to Borrower, to the extent to which no written objection is made within thirty forty-five (3045) days from the date of sending thereof to Borrower, shall be deemed conclusively correct and constitute an account stated between Lender and Borrower and be binding on Guarantor.

Appears in 1 contract

Samples: Guarantee (Pacific Ethanol, Inc.)

Account Stated. The books and records of Lender showing the account between Lender and Borrower shall be admissible in evidence in any action or proceeding against or involving Guarantor as prima facie PRIMA FACIE proof of the items therein set forth, and the monthly statements of Lender rendered to Borrower, to the extent to which no written objection is made within thirty (30) days from the date of sending thereof to Borrower, shall be deemed conclusively correct and constitute an account stated between Lender and Borrower and be binding on Guarantor.

Appears in 1 contract

Samples: Patent and Trademark Security Agreement (Microtel International Inc)

Account Stated. The books and records of Lender showing the account -------------- between Lender and Borrower shall be admissible in evidence in any action or proceeding against or involving Guarantor Guarantors as prima facie proof of the items ----- ----- therein set forth, and the monthly statements of Lender rendered to Borrower, to the extent to which no written objection is made within thirty (30) days from the date of sending thereof to Borrower, shall be deemed conclusively correct and constitute an account stated between Lender and Borrower and be binding on Guarantor.

Appears in 1 contract

Samples: RBX Corp

Account Stated. The books and records of Lender showing the account between Lender and Borrower shall be admissible in evidence in any action or proceeding against or involving Guarantor Guarantors as prima facie proof of the items therein set forth, and the monthly statements of Lender rendered to Borrower, to the extent to which no written objection is made within thirty (30) days from the date of sending thereof to Borrower, shall be deemed conclusively correct and constitute an account stated between Lender and Borrower and be binding on GuarantorGuarantors, absent manifest error.

Appears in 1 contract

Samples: Credit and Security Agreement (Allou Health & Beauty Care Inc)

Account Stated. The books and records of Lender showing the account between Lender and Borrower shall be admissible in evidence in any action or proceeding against or involving Guarantor Guarantors as prima facie proof of the items therein set forth, and the monthly any statements of Lender rendered to Borrower, to the extent to which no written objection is made within thirty (30) days from the date of sending thereof to Borrower, shall be deemed conclusively correct and constitute an account stated between Lender and Borrower and be binding on GuarantorGuarantors.

Appears in 1 contract

Samples: Note and Security Agreement (Siemann Educational Systems Inc)

Account Stated. The books and records of Lender showing the account between among Lender and Borrower shall be admissible in evidence in any action or proceeding against or involving Guarantor as prima facie proof of the items therein set forth, and the monthly statements of Lender rendered to Borrower, to the extent to which no written objection is made within thirty (30) days from the date of sending thereof to Borrower, shall be deemed conclusively correct and constitute an account stated between among Lender and Borrower and be binding on Guarantor.

Appears in 1 contract

Samples: Cti Industries Corp

Account Stated. The books and records of Lender showing the account between Lender and Borrower shall be admissible in in, evidence in any action or proceeding against or involving Guarantor as prima facie proof of the items therein set forth, and the monthly statements of Lender rendered to Borrower, to the extent to which no written objection is made within thirty (30) days from the date of sending thereof to Borrower, shall be deemed conclusively correct and constitute an account stated between Lender and Borrower and be binding on Guarantor.

Appears in 1 contract

Samples: Toms Foods Inc

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Account Stated. The books and records of Lender showing the account between Lender and Borrower Borrowers shall be admissible in evidence in any action or proceeding against or involving Guarantor Guarantors as prima facie proof of the items therein set forth, and the monthly statements of Lender rendered to BorrowerBorrowers, to the extent to which no written objection is made within thirty (30) days from the date of sending thereof to BorrowerBorrowers, shall be deemed conclusively correct and constitute an account stated between Lender and Borrower Borrowers and be binding on GuarantorGuarantors.

Appears in 1 contract

Samples: Loan and Security Agreement (Go Video Inc)

Account Stated. The books and records of Lender showing the account between Lender and Borrower shall be admissible in evidence in any action or proceeding against or involving Guarantor as prima facie proof of the items therein set forth, and the monthly statements of Lender rendered to Borrower, to the extent to which no written objection is made within thirty (30) days from the date of sending thereof to Borrower, shall be deemed conclusively correct and constitute an account stated between Lender and Borrower and be binding on Guarantor.thirty

Appears in 1 contract

Samples: Patterson Energy Inc

Account Stated. The books and records of the Lender showing the account between Lender and Borrower shall be admissible in evidence in any action or proceeding against or involving Guarantor Guarantors as prima facie proof of the items therein set forth, and the monthly statements of Lender rendered to Borrower, to the extent to which no written objection object is made within thirty (30) days from the date of sending thereof to Borrower, shall be deemed conclusively correct and constitute an account stated between Lender and Borrower and be binding on GuarantorGuarantors.

Appears in 1 contract

Samples: Consolidated Capital of North America Inc

Account Stated. The books and records of Lender Lenders showing the account between any Lender and Borrower shall be admissible in evidence in any action or proceeding against or involving Guarantor Guarantors as prima facie proof of the items therein set forth, and the monthly statements of Lender Lenders rendered to Borrower, to the extent to which no written objection is made within thirty (30) days from the date of sending thereof to Borrower, shall be deemed conclusively correct and constitute an account stated between Lender among Lenders and Borrower and be binding on GuarantorGuarantors.

Appears in 1 contract

Samples: Guarantee (Tri-S Security Corp)

Account Stated. The books and records of Lender showing the account between Lender and Borrower shall be admissible in evidence in any action or proceeding against or involving Guarantor Guarantors as prima facie proof presumptive evidence of the items therein set forth, and the monthly statements of Lender rendered to Borrower, to the extent to which no written objection is made within thirty (30) days from the date of sending thereof to such statement has been received by Borrower, shall be deemed conclusively correct and constitute an account stated between among Lender and Borrower and be binding on GuarantorGuarantors.

Appears in 1 contract

Samples: Guarantee (Us Lec Corp)

Account Stated. The books and records of Lender showing the account between Lender and any Borrower shall be admissible in evidence in any action or proceeding against or involving Guarantor as prima facie PRIMA FACIE proof of the items therein set forth, and the monthly statements of Lender rendered to any Borrower, to the extent to which no written objection is made within thirty (30) days from the date of sending thereof to such Borrower, shall be deemed conclusively correct and constitute an account stated between Lender Xxxxxx and such Borrower and be binding on Guarantor.

Appears in 1 contract

Samples: Little Switzerland Inc/De

Account Stated. The books and records of Lender showing the account between Lender and Borrower shall be admissible axxxxxxble in evidence in any action or proceeding against or involving Guarantor as prima facie proof of the items therein set forth, and the monthly statements of Lender rendered to Borrower, to the extent to which no written objection is made within thirty (30) days from the date of sending thereof to Borrower, shall be deemed conclusively correct and constitute an account stated between Lender and Borrower and be binding on bindixx xx Guarantor.

Appears in 1 contract

Samples: Musicland Stores Corp

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