Common use of Agent’s and Lenders’ Books and Records; Monthly Statements Clause in Contracts

Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent shall record the principal amount and currency of the Loans owing to each Lender, the maximum amount available to be drawn under and the currency of all applicable outstanding Letters of Credit and the aggregate amount of unpaid reimbursement obligations outstanding with respect to the Letters of Credit from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender’s Loans in its books and records. Failure by the Agent or any Lender to make such notation shall not affect the obligations of the Borrowers with respect to the Loans or the Letters of Credit. The Borrowers agree that the Agent’s and each Lender’s books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereof (absent manifest error), irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. The Agent will provide to the Borrowers a monthly statement of Loans, payments, and other transactions pursuant to this Agreement. Such statement shall be deemed correct, accurate, and binding on the Obligors and an account stated (absent manifest error and except for reversals and reapplications of payments made as provided for in Section 4.6 and corrections of errors discovered by the Agent), unless the Borrowers notify the Agent in writing to the contrary within 30 days after such statement is rendered. In the event a timely written notice of objections is given by the Borrowers, only the items to which exception is expressly made will be considered to be disputed by the Borrowers.

Appears in 4 contracts

Samples: Credit Agreement (Herc Holdings Inc), Credit Agreement (United Rentals North America Inc), Credit Agreement (United Rentals North America Inc)

AutoNDA by SimpleDocs

Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent shall record the principal amount and currency of the Loans owing to each Lender, the maximum undrawn face amount available to be drawn under and the currency of all applicable outstanding Letters of Credit and the aggregate amount of unpaid reimbursement obligations outstanding with respect to the Letters of Credit from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender’s Loans in its books and records. Failure by the Agent or any Lender to make such notation shall not affect the obligations of the Borrowers Borrower with respect to the Loans or the Letters of Credit. The Borrowers agree Borrower agrees that the Agent’s and each Lender’s books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereof (absent manifest error)thereof, irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. The Agent will provide to the Borrowers Borrower a monthly statement of Loans, payments, and other transactions pursuant to this Agreement. Such statement shall be deemed correct, accurate, and binding on the Obligors Borrower and an account stated (absent manifest error and except for reversals and reapplications of payments made as provided for in Section 4.6 3.7 and corrections of errors discovered by the Agent), unless the Borrowers notify Borrower notifies the Agent in writing to the contrary within 30 sixty (60) days after such statement is rendered. In the event a timely written notice of objections is given by the BorrowersBorrower, only the items to which exception is expressly made will be considered to be disputed by the BorrowersBorrower.

Appears in 4 contracts

Samples: Credit Agreement (Omnova Solutions Inc), Credit Agreement (Omnova Solutions Inc), Credit Agreement (Omnova Solutions Inc)

Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent shall record the principal amount and currency of the Loans owing to each Lender, the maximum amount available to be drawn under and the currency of all applicable outstanding Letters of Credit and the aggregate amount of unpaid reimbursement obligations outstanding with respect to the Letters of Credit Lender from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender’s 's Loans in its books and records. Failure by the Agent or any Lender to make such notation shall not affect the obligations of the Borrowers with respect to the Loans or the Letters of CreditLoans. The Borrowers agree that the Agent’s 's and each Lender’s 's books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereof (absent manifest error)thereof, irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. The Agent will provide to the Borrowers Administrative Borrower a monthly statement of Loans, payments, and other transactions pursuant to this Agreement. Such statement shall be deemed correct, accurate, and binding on the Obligors Borrowers and an account stated (absent manifest error and except for reversals and reapplications of payments made as provided for in Section 4.6 3.6 and corrections of errors discovered by or acknowledged and agreed to by the Agent), unless the Borrowers notify Administrative Borrower, on behalf of the Borrowers, notifies the Agent in writing to the contrary within 30 thirty (30) days after such statement is renderedrendered in accordance with Section 13.8. In the event a timely written notice of objections is given by the BorrowersAdministrative Borrower, only the items to which exception is expressly made will be considered to be disputed by the Borrowers.

Appears in 3 contracts

Samples: Credit Agreement (Salton Inc), Credit Agreement (Salton Inc), Credit Agreement (Salton Inc)

Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent shall record the principal amount and currency of the Loans owing to each Lender, the maximum undrawn face amount available to be drawn under and the currency of all applicable outstanding Letters of Credit and the aggregate amount of unpaid reimbursement obligations outstanding with respect to the Letters of Credit from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender’s Loans in its books and records. Failure by the Agent or any Lender to make such notation shall not affect the obligations of the Borrowers with respect to the Loans or the Letters of Credit. The Borrowers agree that the Agent’s and each Lender’s books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereof (absent manifest error)thereof, irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. The Agent will provide to the Borrowers Borrowers’ Agent a monthly statement of Loans, payments, and other transactions pursuant to this Agreement. Such statement shall be deemed correct, accurate, and binding on the Obligors Borrowers and an account stated (absent manifest error and except for reversals and reapplications of payments made as provided for in Section 4.6 3.6 and corrections of errors discovered by the Agent), unless the Borrowers notify the Agent in writing to the contrary within 30 sixty (60) days after such statement is rendered. In the event a timely written notice of objections is given by the Borrowers, only the items to which exception is expressly made will be considered to be disputed by the Borrowers.

Appears in 3 contracts

Samples: Credit and Security Agreement (PSS World Medical Inc), Credit Agreement (PSS World Medical Inc), Credit Agreement (PSS World Medical Inc)

Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent shall record the principal amount and currency of the Revolving Loans owing to each Lender, the maximum undrawn face amount available to be drawn under and the currency of all applicable outstanding Letters of Credit and the aggregate amount of unpaid reimbursement obligations outstanding with respect to the Letters of Credit from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender’s Loans in its books and records. Failure by the Agent or any Lender to make such notation shall not affect the obligations of the Borrowers with respect to the Revolving Loans or the Letters of Credit. The Borrowers agree Each Borrower agrees that the Agent’s and each Lender’s books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereof (thereof, absent manifest error), irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. The Agent will provide to the Borrowers a monthly statement of Revolving Loans, payments, and other transactions pursuant to this Agreement. Such statement shall be deemed correct, accurate, and binding on the Obligors Borrowers and an account stated (absent manifest error and except for reversals and reapplications of payments made as provided for in Section 4.6 3.7 and corrections of errors discovered by the Agent), unless the Borrowers notify the Agent in writing to the contrary within 30 thirty (30) days after such statement is renderedreceived. In the event a timely written notice of objections is given by the Borrowers, only the items to which exception is expressly made will be considered to be disputed by the Borrowers.

Appears in 3 contracts

Samples: Credit Agreement (Westlake Chemical Corp), Credit Agreement (Westlake Chemical Corp), Credit Agreement (Westlake Chemical Corp)

Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent shall record the principal amount and currency of the Loans owing to each Lender, the maximum undrawn face amount available to be drawn under and the currency of all applicable outstanding Letters of Credit and the aggregate amount of unpaid reimbursement obligations outstanding with respect to the Letters of Credit from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender’s Loans in its books and records. Failure by the Agent or any Lender to make such notation shall not affect the obligations of the Borrowers with respect to the Loans or the Letters of Credit. The Borrowers agree that the Agent’s and each Lender’s books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereof (absent manifest error), irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. The Agent will provide to the Borrowers a monthly statement of Loans, payments, and other transactions pursuant to this Agreement. Such statement shall be deemed correct, accurate, and binding on the Obligors and an account stated (absent manifest error and except for reversals and reapplications of payments made as provided for in Section 4.6 4.7 and corrections of errors discovered by the Agent), unless the Borrowers notify the Agent in writing to the contrary within 30 thirty days after such statement is rendered. In the event a timely written notice of objections is given by the Borrowers, only the items to which exception is expressly made will be considered to be disputed by the Borrowers.

Appears in 3 contracts

Samples: Credit Agreement (United Rentals Inc /De), Assignment and Acceptance (United Rentals Inc /De), Credit Agreement (United Rentals North America Inc)

Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent shall record the principal amount and currency of the Loans owing to each Lender, the maximum undrawn face amount available to be drawn under and the currency of all applicable outstanding Letters of Credit and the aggregate amount of unpaid reimbursement obligations outstanding with respect to the Letters of Credit from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender’s Loans in its books and records. Failure by the Agent or any Lender to make such notation shall not affect the obligations of the Borrowers with respect to the Loans or the Letters of Credit. The Borrowers agree that the Agent’s and each Lender’s books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereof (absent manifest error)thereof, irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. The Agent will provide to the Borrowers Borrowers’ Agent a monthly statement of Loans, payments, and other transactions pursuant to this Agreement. Such statement shall be deemed correct, accurate, and binding on the Obligors Borrowers and an account stated (absent manifest error and except for reversals and reapplications of payments made as provided for in Section 4.6 3.7 and corrections of errors discovered by the Agent), unless the Borrowers notify the Agent in writing to the contrary within 30 thirty (30) days after such statement is rendered. In the event a timely written notice of objections is given by the Borrowers, only the items to which exception is expressly made will be considered to be disputed by the Borrowers.

Appears in 2 contracts

Samples: Credit Agreement (Caraustar Industries Inc), Credit Agreement (Caraustar Industries Inc)

Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent shall record the principal amount and currency of the Loans owing to each Lender, the maximum undrawn face amount available to be drawn under and the currency of all applicable outstanding Letters of Credit and the aggregate amount of unpaid reimbursement obligations outstanding with respect to the Letters of Credit from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender’s Loans in its books and records. Failure by the Agent or any Lender to make such notation shall not affect the obligations of the Borrowers Borrower with respect to the Loans or the Letters of Credit. The Borrowers agree Borrower agrees that the Agent’s and each Lender’s books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereof (absent manifest error)thereof, irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. The Agent will provide to the Borrowers Borrower a monthly statement of Loans, payments, and other transactions pursuant to this Agreement. Such statement shall be deemed correct, accurate, and binding on the Obligors Borrower and an account stated (absent manifest error and except for reversals and reapplications of payments made as provided for in Section 4.6 3.8 and corrections of errors discovered by the Agent), unless the Borrowers notify Borrower notifies the Agent in writing to the contrary within 30 thirty (30) days after such statement is rendered. In the event a timely written notice of objections is given by the BorrowersBorrower, only the items to which exception is expressly made will be considered to be disputed by the BorrowersBorrower.

Appears in 2 contracts

Samples: Credit Agreement (Spansion Inc.), Credit Agreement (Advanced Micro Devices Inc)

Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent shall record the principal amount and currency of the Loans owing to each Lender, the maximum undrawn face amount available to be drawn under and the currency of all applicable outstanding Letters of Credit and the aggregate amount of unpaid reimbursement obligations outstanding with respect to the Letters of Credit from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender’s 's Loans in its books and records. Failure by the Agent or any Lender to make such notation shall not affect the obligations of the Borrowers Borrower with respect to the Loans or the Letters of Credit. The Borrowers Loan Parties agree that the Agent’s 's and each Lender’s 's books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereof (absent manifest error)thereof, irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. The Agent will provide to the Borrowers Borrower a monthly statement of Loans, payments, and other transactions pursuant to this Agreement. Such statement shall be deemed correct, accurate, and binding on the Obligors Loan Parties and an account stated (absent manifest error and except for reversals and reapplications of payments made as provided for in Section 4.6 3.8 and corrections of errors discovered by the Agent), unless the Borrowers notify Borrower notifies the Agent in writing to the contrary within 30 thirty (30) days after such statement is rendered. In the event a timely written notice of objections is given by the BorrowersBorrower, only the items to which exception is expressly made will be considered to be disputed by the Borrowersdisputed.

Appears in 2 contracts

Samples: Credit Agreement (Applica Inc), Credit Agreement (Applica Inc)

Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent shall record the principal amount and currency of the Loans owing to each Lender, the maximum undrawn face amount available to be drawn under and the currency of all applicable outstanding Letters of Credit and the aggregate amount of unpaid reimbursement obligations outstanding with respect to the Letters of Credit from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender’s Loans in its books and records. Failure by the Agent or any Lender to make such notation shall not affect the obligations of the Borrowers with respect to the Loans or the Letters of Credit. The Borrowers agree that the Agent’s and each Lender’s books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereof (absent manifest error)thereof, irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. The Agent will provide to the Borrowers a monthly statement of Loans, payments, and other transactions pursuant to this Agreement. Such statement shall be deemed correct, accurate, and binding on the Obligors Borrowers and an account stated (absent manifest error and except for reversals and reapplications of payments made as provided for in Section 4.6 3.8 and corrections of errors discovered by the Agent), unless the Borrowers notify a Borrower notifies the Agent in writing to the contrary within 30 thirty (30) days after such statement is rendered. In the event a timely written notice of objections is given by the Borrowersany Borrower, only the items to which exception is expressly made will be considered to be disputed by the Borrowers.

Appears in 2 contracts

Samples: Credit Agreement (Unifi Inc), Credit Agreement (Unifi Inc)

Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent shall record the principal amount and currency of the Loans owing to each Lender, the maximum undrawn face amount available to be drawn under and the currency of all applicable outstanding Letters of Credit and the aggregate amount of unpaid reimbursement obligations outstanding with respect to the Letters of Credit from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender’s 's Loans in its books and records. Failure by the Agent or any Lender to make such notation shall not affect the obligations of the Borrowers with respect to the Loans or the Letters of Credit. The Borrowers agree that the Agent’s 's and each Lender’s 's books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereof (absent manifest error)thereof, irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. The Agent will provide to the Borrowers Administrative Borrower a monthly statement of Loans, payments, and other transactions pursuant to this Agreement. Such statement shall be deemed correct, accurate, and binding on the Obligors Borrowers and an account stated (absent manifest error and except for reversals and reapplications of payments made as provided for in Section 4.6 3.6 and corrections of errors discovered by or acknowledged and agreed to by the Agent), unless the Borrowers notify Administrative Borrower, on behalf of the Borrowers, notifies the Agent in writing to the contrary within 30 thirty (30) days after such statement is renderedrendered in accordance with Section 13.8. In the event a timely written notice of objections is given by the BorrowersAdministrative Borrower, only the items to which exception is expressly made will be considered to be disputed by the Borrowers.

Appears in 2 contracts

Samples: Credit Agreement (Salton Inc), Credit Agreement (Salton Inc)

Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent shall record the principal amount and currency of the Loans owing to each Lender, the maximum undrawn face amount available to be drawn under and the currency of all applicable outstanding Letters of Credit and the aggregate amount of unpaid reimbursement obligations outstanding with respect to the Letters of Credit from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender’s 's Loans in its books and records. Failure by the Agent or any Lender to make such notation shall not affect the obligations of the Borrowers Borrower with respect to the Loans or the Letters of Credit. The Borrowers agree Borrower agrees that the Agent’s 's and each Lender’s 's books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereof (absent manifest error)thereof, irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. The Agent will provide to the Borrowers Borrower a monthly statement of Loans, payments, and other transactions pursuant to this Agreement. Such statement shall be deemed correct, accurate, and binding on the Obligors Borrower and an account stated (absent manifest error and except for reversals and reapplications of payments made as provided for in Section 4.6 3.8 (Apportionment, Application and Reversal of Payments) and corrections of errors discovered by the Agent), unless the Borrowers notify Borrower notifies the Agent in writing to the contrary within 30 thirty (30) days after such statement is rendered. In the event a timely written notice of objections is given by the BorrowersBorrower, only the items to which exception is expressly made will be considered to be disputed by the BorrowersBorrower.

Appears in 1 contract

Samples: Credit Agreement (Weston Roy F Inc)

Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent shall record the principal amount and currency of the Loans owing to each Lender, the maximum amount available to be drawn under and the currency of all applicable outstanding Letters of Credit and the aggregate amount of unpaid reimbursement obligations outstanding with respect 120 to the Letters of Credit from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender’s Loans in its books and records. Failure by the Agent or any Lender to make such notation shall not affect the obligations of the Borrowers with respect to the Loans or the Letters of Credit. The Borrowers agree that the Agent’s and each Lender’s books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereof (absent manifest error), irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. The Agent will provide to the Borrowers a monthly statement of Loans, payments, and other transactions pursuant to this Agreement. Such statement shall be deemed correct, accurate, and binding on the Obligors and an account stated (absent manifest error and except for reversals and reapplications of payments made as provided for in Section 4.6 and corrections of errors discovered by the Agent), unless the Borrowers notify the Agent in writing to the contrary within 30 days after such statement is rendered. In the event a timely written notice of objections is given by the Borrowers, only the items to which exception is expressly made will be considered to be disputed by the Borrowers.

Appears in 1 contract

Samples: Credit Agreement (Herc Holdings Inc)

Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent shall record the principal amount and currency of the Loans owing to each Lender, the maximum undrawn face amount available to be drawn under and the currency of all applicable outstanding Letters of Credit and the aggregate amount of unpaid reimbursement obligations outstanding with respect to the Letters of Credit from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender’s Loans in its books and records. Failure by the Agent or any Lender to make such notation shall not affect the obligations of the Borrowers with respect to the Loans or the Letters of Credit. The Borrowers agree that the Agent’s and each Lender’s books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereof (absent manifest error)thereof, irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. The Agent will provide to the Borrowers a monthly statement of Loans, payments, and other transactions pursuant to this Agreement. Such statement shall be deemed correct, accurate, and binding on the Obligors Borrowers and an account stated (absent manifest error and except for reversals and reapplications of payments made as provided for in Section 4.6 3.8 and corrections of errors discovered by the Agent), unless the Borrowers notify Borrower notifies the Agent in writing to the contrary within 30 thirty (30) days after such statement is rendered. In the event a timely written notice of objections is given by the BorrowersBorrower, only the items to which exception is expressly made will be considered to be disputed by the Borrowers.

Appears in 1 contract

Samples: Credit Agreement (MWI Veterinary Supply, Inc.)

Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent shall record the principal amount and currency of the Loans owing to each Lender, the maximum undrawn face amount available to be drawn under and the currency of all applicable outstanding Letters of Credit and the aggregate amount of unpaid reimbursement obligations outstanding with respect to the Letters of Credit from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender’s Loans in its books and records. Failure by the Agent or any Lender to make such notation shall not affect the obligations of the Borrowers with respect to the Loans or the Letters of Credit. The Borrowers agree that the Agent’s and each Lender’s books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereof (absent manifest error)thereof, irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. The Agent will provide to the Borrowers Borrower Representative a monthly statement of Loans, payments, and other transactions pursuant to this Agreement. Such statement shall be deemed correct, accurate, and binding on the Obligors Borrowers and an account stated (absent manifest error and except for reversals and reapplications of payments made as provided for in Section 4.6 3.7 and corrections of errors discovered by the Agent), unless the Borrowers notify Borrower Representative notifies the Agent in writing to the contrary within 30 sixty (60) days after such statement is rendered. In the event a timely written notice of objections is given by the BorrowersBorrower Representative, only the items to which exception is expressly made will be considered to be disputed by the Borrowers.

Appears in 1 contract

Samples: Credit Agreement (Omnova Solutions Inc)

Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent shall record the principal amount and currency of the Loans owing to each Lender, the maximum undrawn face amount available to be drawn under and the currency of all applicable outstanding Letters of Credit and the aggregate amount of unpaid reimbursement obligations outstanding with respect to the Letters of Credit from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender’s Loans in its books and records. Failure by the Agent or any Lender to make such notation shall not affect the obligations of the Borrowers with respect to the Loans or the Letters of Credit. The Borrowers Loan Parties agree that the Agent’s and each Lender’s books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereof (absent manifest error)thereof, irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. The Agent will provide to the Borrowers a monthly statement of Loans, payments, and other transactions pursuant to this Agreement. Such statement shall be deemed correct, accurate, and binding on the Obligors Loan Parties and an account stated (absent manifest error and except for reversals and reapplications of payments made as provided for in Section 4.6 3.8 and corrections of errors discovered by the Agent), unless the Borrowers notify the Agent in writing to the contrary within 30 thirty (30) days after such statement is rendered. In the event a timely written notice of objections is given by the Borrowers, only the items to which exception is expressly made will be considered to be disputed by the Borrowersdisputed.

Appears in 1 contract

Samples: Credit Agreement (Salton Inc)

Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent shall record the principal amount and currency of the Loans owing to each Lender, the maximum undrawn face amount available to be drawn under and the currency of all applicable outstanding Letters of Credit and the aggregate amount of unpaid reimbursement obligations outstanding with respect to the Letters of Credit from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender’s 's Loans in its books and records. Failure by the Agent or any Lender to make such notation shall not affect the obligations of the Borrowers with respect to the Loans or the Letters of Credit. The Borrowers agree that the Agent’s 's and each Lender’s 's books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereof (absent manifest error)thereof, irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. The Agent will provide to the Borrowers LS&Co a monthly statement of Loans, payments, and other transactions pursuant to this Agreement, including in respect of any month in which an assignment of any Commitment has occurred a current schedule of the Lenders and each of their respective Commitments hereunder. Such statement shall be deemed correct, accurate, and binding on the Obligors Borrowers and an account stated (absent manifest error and except for reversals and reapplications of payments made as provided for in Section 4.6 SECTION 3.7 and corrections of errors discovered by the Agent), unless the Borrowers notify LS&Co notifies the Agent in writing to the contrary within 30 thirty (30) days after such statement is rendered. In the event a timely written notice of objections is given by the BorrowersLS&Co, only the items to which exception is expressly made will be considered to be disputed by the Borrowers.

Appears in 1 contract

Samples: Credit Agreement (Levi Strauss & Co)

Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent ---------------------------------------------------------- shall record the principal amount and currency of the Loans owing to each Lender, the maximum undrawn face amount available to be drawn under and the currency of all applicable outstanding Letters of Credit Credit, and the aggregate amount of unpaid reimbursement obligations outstanding with respect to the Letters of Credit from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender’s 's Loans in its books and records. Failure by the Agent or any Lender to make such notation shall not affect the obligations of the Borrowers Borrower with respect to the Loans or the Letters of Credit. The Borrowers agree Borrower agrees that the Agent’s 's and each Lender’s 's books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereof (absent manifest error)thereof, irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. The Agent will provide to the Borrowers Borrower a monthly statement of Loans, payments, and other transactions pursuant to this Agreement. Such statement shall be deemed correct, accurate, and binding on the Obligors Borrower and an account stated (absent manifest error and except for reversals and reapplications of payments made as provided for in Section 4.6 3.6 and corrections of errors discovered by the Agent), unless the Borrowers notify Borrower notifies the Agent in writing to the contrary within 30 thirty (30) days after such statement is renderedreceived. In the event a timely written notice of objections is given by the BorrowersBorrower, only the items to which exception is expressly made will be considered to be disputed by the BorrowersBorrower.

Appears in 1 contract

Samples: Credit Agreement (Coorstek Inc)

Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent shall record the principal amount and currency of the Loans owing to each Lender, the maximum undrawn face amount available to be drawn under and the currency of all applicable outstanding Letters of Credit and the aggregate amount of unpaid reimbursement obligations outstanding with respect to the Letters of Credit from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender’s Loans in its books and records. Failure by the Agent or any Lender to make such notation shall not affect the obligations of the Borrowers Borrower with respect to the Loans or the Letters of Credit. The Borrowers agree Borrower agrees that the Agent’s and each Lender’s books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereof (absent manifest error)thereof, irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. If there is a discrepancy between the Agent’s books and records and those of another Lender, then the Agent shall first attempt to reconcile such discrepancy, but if no reconciliation can be made, then the Agent’s books and records shall control. The Agent will provide to the Borrowers Borrower a monthly statement of Loans, payments, and other transactions pursuant to this Agreement. Such statement shall be deemed correct, accurate, and binding on the Obligors Borrower and an account stated (absent manifest error and except for reversals and reapplications of payments made as provided for in Section 4.6 3.7 and corrections of errors discovered by the Agent), unless the Borrowers notify Borrower notifies the Agent in writing to the contrary within 30 thirty (30) days after such statement is rendered. In the event a If timely written notice of objections is given by the BorrowersBorrower, only the items to which exception is expressly made will be considered to be disputed by the BorrowersBorrower.

Appears in 1 contract

Samples: Credit Agreement (Alon USA Energy, Inc.)

Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent shall record the principal amount and currency of the Loans owing to each Lender, the maximum undrawn face amount available to be drawn under and the currency of all applicable outstanding Letters of Credit and the aggregate amount of unpaid reimbursement obligations outstanding with respect to the Letters of Credit from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender’s 's Loans in its books and records. Failure by the Agent or any Lender to make such notation shall not affect the obligations of the Borrowers relevant Borrower with respect to the Loans or the Letters of Credit. The Borrowers agree Each Borrower agrees that the Agent’s 's and each Lender’s 's books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereof (absent manifest error)thereof, irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. The Agent will provide to the Borrowers a monthly statement of Loans, payments, and other transactions pursuant to this Agreement. Such statement shall be deemed correct, accurate, and binding on the Obligors each Borrower and an account stated (absent manifest error and except for reversals and reapplications of payments made as provided for in Section 4.6 and corrections of errors discovered by the Agent)3.8, unless the Borrowers notify such Borrower notifies the Agent in writing to the contrary within 30 thirty (30) days after such statement is rendered. In the event a timely written notice of objections is given by the Borrowers, only the items to which exception is expressly made will be considered to be disputed by the Borrowers.is

Appears in 1 contract

Samples: Credit Agreement (3com Corp)

Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent shall record the principal amount and currency of the Loans owing to each Lender, the maximum undrawn face amount available to be drawn under and the currency of all applicable outstanding Letters of Credit and the aggregate amount of unpaid reimbursement obligations outstanding with respect to the Letters of Credit from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender’s 's Loans in its books and records. Failure by the Agent or any Lender to make such notation shall not affect the obligations of the Borrowers with respect to the Loans or the Letters of Credit. The Borrowers agree Each Borrower agrees that the Agent’s 's and each Lender’s 's books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereof (absent manifest error)thereof, irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. The Agent will provide to the Authorized Representative on behalf of the Borrowers a monthly statement of Loans, payments, and other transactions pursuant to this Agreement. Such statement shall be deemed correct, accurate, and binding on the Obligors Borrowers and an account stated (absent manifest error and except for reversals and reapplications of payments made as provided for in Section 4.6 and corrections of errors discovered by the Agent), unless the Borrowers notify the Agent in writing to the contrary within 30 days after such statement is rendered. In the event a timely written notice of objections is given by the Borrowers, only the items to which exception is expressly made will be considered to be disputed by the Borrowers.

Appears in 1 contract

Samples: Loan and Security Agreement (Spiegel Inc)

Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent shall record the principal amount and currency of the Revolving Loans owing to each Lender, the maximum undrawn face amount available to be drawn under and the currency of all applicable outstanding Letters of Credit and the aggregate amount of unpaid reimbursement obligations outstanding with respect to the Letters of Credit from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender’s Loans in its books and records. Failure by the Agent or any Lender to make such notation shall not affect the obligations of the Borrowers with respect to the Revolving Loans or the Letters of Credit. The Borrowers agree Each Borrower agrees that the Agent’s and each Lender’s books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereof (thereof, absent manifest error), irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. The Agent will provide to the Borrowers a monthly statement of Loans, payments, and other transactions pursuant to this Agreement. Such statement shall be deemed correct, accurate, and binding on the Obligors Borrowers and an account stated (absent manifest error and except for reversals and reapplications of payments made as provided for in Section 4.6 3.7 and corrections of errors discovered by the Agent), unless the Borrowers notify the Agent in writing to the contrary within 30 thirty (30) days after such statement is renderedreceived. In the event a timely written notice of objections is given by the Borrowers, only the items to which exception is expressly made will be considered to be disputed by the Borrowers.

Appears in 1 contract

Samples: Credit Agreement (Westlake Chemical Corp)

Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent shall record the principal amount and currency of the Loans owing to each Lender, the maximum undrawn face amount available to be drawn under and the currency of all applicable outstanding Letters of Credit and the aggregate amount of unpaid reimbursement obligations outstanding with respect to the Letters of Credit from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender’s 's Loans in its books and records. Failure by the Agent or any Lender to make such notation shall not affect the obligations of the Borrowers Borrower with respect to the Loans or the Letters of Credit. The Borrowers agree Borrower agrees that the Agent’s 's and each Lender’s 's books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereof (absent manifest error)thereof, irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. The Agent will provide to the Borrowers Borrower a monthly statement of Loans, payments, and other transactions pursuant to this Agreement. Such statement shall be deemed correct, accurate, and binding on the Obligors Borrower and an account stated (absent manifest error and except for reversals and reapplications of payments made as provided for in Section 4.6 3.7 and corrections of errors discovered by the Agent), unless the Borrowers notify Borrower notifies the Agent in writing to the contrary within 30 180 days after such statement is rendered. In the event a timely written notice of objections is given by the BorrowersBorrower, only the items to which exception is expressly made will be considered to be disputed by the BorrowersBorrower.

Appears in 1 contract

Samples: Credit Agreement (Saks Inc)

Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent shall record the principal amount and currency of the Revolving Loans owing to each Lender, the maximum undrawn amount available to be drawn under and the currency of all applicable outstanding Letters of Credit and the aggregate amount of unpaid reimbursement obligations outstanding with respect to the Letters of Credit from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender’s 's Revolving Loans in its books and records. Failure by the Agent or any Lender to make such notation shall not affect the obligations of the U.S. Borrowers with respect to the U.S. Revolving Loans or the U.S. Letters of CreditCredit or U.S. Credit Support and the Canadian Borrower with respect to the Canadian Revolving Loans or the Canadian Letters of Credit or Canadian Credit Support. The Borrowers agree Each Borrower agrees that the Agent’s 's and each Lender’s 's books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereof (absent manifest error)thereof, irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. The Agent will provide to the Parent on behalf of the Borrowers a monthly statement of Revolving Loans, payments, payments and other transactions pursuant to this Agreement. Such statement shall be deemed correct, accurate, and binding on the Obligors Borrowers and an account stated (absent manifest error and except for reversals and reapplications of payments made as provided for in Section 4.6 3.7 and corrections of errors discovered by the Agent), unless the Borrowers (or the Parent on their behalf) notify the Agent in writing to the contrary within 30 thirty (30) days after such statement is rendered. In the event a timely written notice of objections is given by a Borrower (or the BorrowersParent on behalf of such Borrower), only the items to which exception is expressly made will be considered to be disputed by the Borrowerssuch Borrower.

Appears in 1 contract

Samples: Credit Agreement (Gentek Inc)

Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent shall record the principal amount and currency of the Loans owing to each Lender, the maximum undrawn face amount available to be drawn under and the currency of all applicable outstanding Letters of Credit and the aggregate amount of unpaid reimbursement obligations outstanding with respect to the Letters of Credit from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender’s Loans in its books and records. Failure by the Agent or any Lender to make such notation shall not affect the obligations of the Borrowers Borrower with respect to the Loans or the Letters of Credit. The Borrowers Loan Parties agree that the Agent’s and each Lender’s books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereof (absent manifest error)thereof, irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. The Agent will provide to the Borrowers Borrower a monthly statement of Loans, payments, and other transactions pursuant to this Agreement. Such statement shall be deemed correct, accurate, and binding on the Obligors Loan Parties and an account stated (absent manifest error and except for reversals and reapplications of payments made as provided for in Section 4.6 3.8 and corrections of errors discovered by the Agent), unless the Borrowers notify Borrower notifies the Agent in writing to the contrary within 30 thirty (30) days after such statement is rendered. In the event a timely written notice of objections is given by the BorrowersBorrower, only the items to which exception is expressly made will be considered to be disputed by the Borrowersdisputed.

Appears in 1 contract

Samples: Credit Agreement (Applica Inc)

Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent shall record the principal amount and currency of the Loans owing to each Lender, the maximum undrawn face amount available to be drawn under and the currency of all applicable outstanding Letters of Credit and the aggregate amount of unpaid reimbursement obligations outstanding with respect to the Letters of Credit from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender’s 's Loans in its books and records. Failure by the Agent or any Lender to make such notation shall not affect the obligations of the Borrowers with respect to the Loans or the Letters of Credit. The Borrowers agree Each Borrower agrees that the Agent’s 's and each Lender’s 's books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereof (absent manifest error), irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. The Agent will provide to ATI, on behalf of the Borrowers Borrowers, a monthly statement of Loans, payments, and other transactions pursuant to this Agreement. Such statement shall be deemed presumptively correct, accurate, and binding on the Obligors Borrowers and an account stated (absent manifest error and except for reversals and reapplications of payments made as provided for in Section 4.6 3.8 and corrections of errors discovered by the Agent), unless the Borrowers (or ATI on their behalf) notify the Agent in writing to the contrary within 30 thirty (30) days after such statement is rendered. In the event a timely written notice of objections is given by the Borrowersa Borrower (or ATI on behalf of such Borrower), only the items to which exception is expressly made will be considered to be disputed by the Borrowerssuch Borrower.

Appears in 1 contract

Samples: Credit Agreement (Taylor Ann Stores Corp)

Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent shall record the principal amount and currency of the Loans owing to each Lender, the maximum undrawn face amount available to be drawn under and the currency of all applicable outstanding Letters of Credit and the aggregate amount of unpaid reimbursement obligations outstanding with respect to the Letters of Credit from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender’s 's Loans in its books and records. Failure by the Agent or any Lender to make such notation shall not affect the obligations of the Borrowers Borrower with respect to the Loans or the Letters of Credit. The Borrowers agree Borrower agrees that the Agent’s 's and each Lender’s 's books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereof (absent manifest error)thereof, irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. The Agent will provide to the Borrowers Borrower a monthly statement of Loans, payments, and other transactions pursuant to this Agreement. Such statement shall be deemed correct, accurate, and binding on the Obligors Borrower and an account stated (absent manifest error and except for reversals and reapplications of payments made as provided for in Section 4.6 and corrections of errors discovered by the Agent3.8), unless the Borrowers notify Borrower notifies the Agent in writing to the contrary within 30 thirty (30) days after such statement is rendered. In the event a timely written notice of objections is given by the BorrowersBorrower, only the items to which exception is expressly made will be considered to be disputed by the Borrowers.Borrower. ARTICLE 4

Appears in 1 contract

Samples: Credit Agreement (3com Corp)

Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent shall record the principal amount and currency of the Loans owing to each Lender, the maximum undrawn face amount available to be drawn under and the currency of all applicable outstanding Letters of Credit and the aggregate amount of unpaid reimbursement obligations outstanding with respect to the Letters of Credit from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender’s 's Loans in its books and records. Failure by the Agent or any Lender to make such notation shall not affect the obligations of the Borrowers with respect to the Loans or the Letters of Credit. The Borrowers agree Each Borrower agrees that the Agent’s 's and each Lender’s 's books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereof (thereof, absent manifest error), irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. The Agent will provide to the Borrowers a monthly statement of Loans, payments, and other transactions pursuant to this Agreement. Such statement shall be deemed correct, accurate, and binding on the Obligors Borrowers and an account stated (absent manifest error and except for reversals and reapplications of payments made as provided for in Section 4.6 SECTION 3.7 and corrections of errors discovered by the Agent), unless the Borrowers notify the Agent in writing to the contrary within 30 thirty (30) days after such statement is renderedreceived. In the event a timely written notice of objections is given by the Borrowers, only the items to which exception is expressly made will be considered to be disputed by the Borrowers.

Appears in 1 contract

Samples: Credit Agreement (North American Pipe Corp)

Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent shall record the principal amount and currency of the Loans owing to each Lender, the maximum undrawn face amount available to be drawn under and the currency of all applicable outstanding Letters of Credit and the aggregate amount of unpaid reimbursement obligations outstanding with respect to the Letters of Credit from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender’s 's Loans in its books and records. Failure by the Agent or any Lender to make such notation shall not affect the obligations of the Borrowers with respect to the Loans or the Letters of Credit. The Borrowers agree that the Agent’s 's and each Lender’s 's books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereof (absent manifest error)thereof, irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. The Agent will provide to the Borrowers a monthly statement of Loans, payments, and other transactions pursuant to this Agreement. Such statement shall be deemed correct, accurate, and binding on the Obligors Borrowers and an account stated (absent manifest error and except for reversals and reapplications of payments made as provided for in Section 4.6 3.7 and corrections of errors discovered by the Agent), unless the Borrowers notify Parent notifies the Agent in writing to the contrary within 30 thirty (30) days after such statement is rendered. In the event a timely written notice of objections is given by the BorrowersParent, only the items to which exception is expressly made will be considered to be disputed by the Borrowers.

Appears in 1 contract

Samples: Credit Agreement (Gundle SLT Environmental Inc)

Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent shall record the principal amount and currency of the Loans owing to each LenderLoans, the maximum undrawn face amount available to be drawn under and the currency of all applicable outstanding Letters of Credit Credit, and the aggregate amount of unpaid reimbursement obligations outstanding with respect to the Letters of Credit from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender’s Loans in its books and records. Failure by the Agent or any Lender to make any such notation shall not affect the obligations of the Borrowers with respect to the Loans or the Letters of Credit. The Borrowers agree that the Agent’s and each Lender’s books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereof (absent manifest error)thereof, irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. The Agent will provide to the Borrowers a monthly statement of Loans, payments, and other transactions pursuant to this Agreement. Such statement shall be deemed correct, accurate, and binding on the Obligors Borrowers and an account stated (absent manifest error and except for reversals and reapplications of payments made as provided for in Section 4.6 2.11(f) and corrections of errors discovered by the Agent), unless the Borrowers notify the Agent in writing to the contrary within 30 days after such statement is rendered. In the event a timely written notice of objections is given by the Borrowers, only the items to which exception is expressly made will be considered to be disputed by the Borrowers.

Appears in 1 contract

Samples: Security Agreement (Jeffboat LLC)

Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent shall record the principal amount and currency of the Loans owing to each Lender, the maximum undrawn face amount available to be drawn under and the currency of all applicable outstanding Letters of Credit and the aggregate amount of unpaid reimbursement obligations outstanding with respect to the Letters of Credit from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender’s Loans in its books and records. Failure by the Agent or any Lender to make such notation shall not affect the obligations of the Borrowers Borrower with respect to the Loans or the Letters of Credit. The Borrowers agree Borrower agrees that the Agent’s and each Lender’s books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereof (absent manifest error)thereof, irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. The Agent will provide to the Borrowers Borrower a monthly statement of Loans, payments, and other transactions pursuant to this Agreement, including, upon the Agent’s receipt of written request from the Borrower, in respect of any month in which an assignment of any Commitment has occurred a current schedule of the Lenders and each of their respective Commitments hereunder. Such statement shall be deemed correct, accurate, and binding on the Obligors Borrower and an account stated (absent manifest error and except for reversals and reapplications of payments made as provided for in Section 4.6 3.5 and corrections of errors discovered by the Agent), unless the Borrowers notify Borrower notifies the Agent in writing to the contrary within 30 thirty (30) days after such statement is rendered. In the event a timely written notice of objections is given by the BorrowersBorrower, only the items to which exception is expressly made will be considered to be disputed by the BorrowersBorrower.

Appears in 1 contract

Samples: Credit Agreement (Leapfrog Enterprises Inc)

AutoNDA by SimpleDocs

Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent shall record the principal amount and currency of the Loans owing to each Lender, the maximum amount available to be drawn under and the currency of all applicable outstanding Letters of Credit and the aggregate amount of unpaid reimbursement obligations outstanding with respect to the Letters of Credit from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender’s Loans in its books and records. Failure by the Agent or any Lender to make such notation shall not affect the obligations of the Borrowers with respect to the Loans or the Letters of Credit. The Borrowers agree that the Agent’s and each Lender’s books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereof (absent manifest error), irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. The Agent will provide to the Borrowers a monthly statement of Loans, payments, and other transactions pursuant to this Agreement. Such statement shall be deemed correct, accurate, and binding on the Obligors and an account stated (absent manifest error and except for reversals and reapplications of payments made as provided for in Section 4.6 and corrections of errors discovered by the Agent), unless the Borrowers notify the Agent in writing to the contrary within 30 thirty days after such statement is rendered. In the event a timely written notice of objections is given by the Borrowers, only the items to which exception is expressly made will be considered to be disputed by the Borrowers.

Appears in 1 contract

Samples: Lease Agreement (United Rentals North America Inc)

Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent shall record the principal amount and currency of the Loans owing to each Lender, the maximum undrawn face amount available to be drawn under and the currency of all applicable outstanding Letters of Credit and the aggregate amount of unpaid reimbursement obligations outstanding with respect to the Letters of Credit from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender’s 's Loans in its books and records. Failure by the Agent or any Lender to make such notation shall not affect the obligations of the Borrowers with respect to the Loans or the Letters of Credit. The Borrowers agree that the Agent’s 's and each Lender’s 's books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereof (absent manifest error)thereof, irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. The Agent will provide to the Borrowers a monthly statement of Loans, payments, and other transactions pursuant to this Agreement. Such statement shall be deemed correct, accurate, and binding on the Obligors Borrowers and an account stated (absent manifest error and except for reversals and reapplications of payments made as provided for in Section 4.6 3.8 and corrections of errors discovered by the Agent), unless the Borrowers notify a Borrower notifies the Agent in writing to the contrary within 30 thirty (30) days after such statement is rendered. In the event a timely written notice of objections is given by the Borrowersany Borrower, only the items to which exception is expressly made will be considered to be disputed by the Borrowers.

Appears in 1 contract

Samples: Credit Agreement (Unifi Inc)

Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent shall record the principal amount and currency of the Revolving Loans owing to each Lender, the maximum undrawn amount available to be drawn under and the currency of all applicable outstanding Letters of Credit and the aggregate amount of unpaid reimbursement obligations outstanding with respect to the Letters of Credit from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender’s Revolving Loans in its books and records. Failure by the Agent or any Lender to make such notation or any error therein shall not affect the obligations of the Borrowers any Borrower with respect to (i) the U.S. Revolving Loans or the U.S. Letters of Credit or U.S. Credit Support, and (ii) the Canadian Revolving Loans or the Pro Rata Canadian Letters of Credit, Canadian Letters of Credit or Canadian Credit Support. The Borrowers agree Each Borrower agrees that the Agent’s and each Lender’s books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereof (absent manifest error)thereof, irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. The Agent will provide to the Canadian Borrower on behalf of the Borrowers a monthly statement interest and fee invoice which will also reflect the balances of all outstanding Revolving Loans, payments, payments and other transactions pursuant to this Agreement. Such statement shall be deemed correct, accurate, and binding on the Obligors Borrowers and an account stated (absent manifest error and except for reversals and reapplications of payments made as provided for in Section 4.6 3.7 and corrections of errors discovered by the Agent), unless the Borrowers notify the Agent in writing to the contrary within 30 ninety (90) days after such statement is rendered. In the event a timely written notice of objections is given by the Borrowersa Borrower, only the items to which exception is expressly made will be considered to be disputed by the Borrowerssuch Borrower.

Appears in 1 contract

Samples: Credit Agreement (Gibson Energy ULC)

Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent shall record the principal amount and currency of the Loans owing to each Lender, the maximum undrawn face amount available to be drawn under and the currency of all applicable outstanding Letters of Credit and Credit Support and the aggregate amount of unpaid reimbursement obligations outstanding with respect to the Letters of Credit and Credit Support from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender’s Loans in its books and records. Failure by the Agent or any Lender to make such notation shall not affect the obligations of the Borrowers Obligated Parties with respect to the Loans or the Letters of CreditCredit and Credit Support. The Borrowers Obligated Parties agree that the Agent’s and each Lender’s books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereof (absent manifest error)thereof, irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. If there is a discrepancy between the Agent’s books and records and those of another Lender, then the Agent shall first attempt to reconcile such discrepancy, but if no reconciliation can be made, then the Agent’s books and records shall control. The Agent will provide to the Borrowers Borrower a monthly statement of Loans, payments, and other transactions pursuant to this Agreement. Such statement shall be deemed correct, accurate, and binding on the Obligors Obligated Parties and an account stated (absent manifest error and except for reversals and reapplications of payments made as provided for in Section 4.6 3.7 and corrections of errors discovered by the Agent), unless the Borrowers notify Borrower notifies the Agent in writing to the contrary within 30 thirty (30) days after such statement is rendered. In the event a If timely written notice of objections is given by the BorrowersBorrower, only the items to which exception is expressly made in writing will be considered to be disputed by the BorrowersObligated Parties.

Appears in 1 contract

Samples: Credit Agreement (Alon USA Energy, Inc.)

Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent shall record the principal amount and currency of the Loans owing to each Lender, the maximum undrawn face amount available to be drawn under and the currency of all applicable outstanding Letters of Credit and the aggregate amount of unpaid reimbursement obligations outstanding with respect to the Letters of Credit from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender’s Loans in its books and records. Failure by the Agent or any Lender to make such notation shall not affect the obligations of the Borrowers Borrower with respect to the Loans or the Letters of Credit. The Borrowers agree Borrower agrees that the Agent’s and each Lender’s books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereof (absent manifest error)thereof, irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. The Agent will provide to the Borrowers Borrower a monthly statement of Loans, payments, and other transactions pursuant to this Agreement. Such statement shall be deemed correct, accurate, and binding on the Obligors Borrower and an account stated (absent manifest error and except for reversals and reapplications of payments made as provided for in Section 4.6 and 3.7, corrections of errors discovered by the AgentAgent and manifest errors), unless the Borrowers notify Borrower notifies the Agent in writing to the contrary within 30 180 days after such statement is rendered. In the event a timely written notice of objections is given by the BorrowersBorrower, only the items to which exception is expressly made will be considered to be disputed by the BorrowersBorrower.

Appears in 1 contract

Samples: Credit Agreement (Saks Inc)

Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent shall record the principal amount and currency of the Loans owing to each LenderLoans, the maximum undrawn face amount available to be drawn under and the currency of all applicable outstanding Letters of Credit Credit, and the aggregate amount of unpaid reimbursement obligations outstanding with respect to the Letters of Credit from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender’s 's Loans in its books and records. Failure by the Agent or any Lender to make any such notation shall not affect the obligations of the Borrowers with respect to the Loans or the Letters of Credit. The Borrowers agree that the Agent’s 's and each Lender’s 's books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereof (absent manifest error)thereof, irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. The Agent will provide to the Borrowers a monthly statement of Loans, payments, and other transactions pursuant to this Agreement. Such statement shall be deemed correct, accurate, and binding on the Obligors Borrowers and an account stated (absent manifest error and except for reversals and reapplications of payments made as provided for in Section 4.6 2.11(f) and corrections of errors discovered by the Agent), unless the Borrowers notify the Agent in writing to the contrary within 30 days after such statement is rendered. In the event a timely written notice of objections is given by the Borrowers, only the items to which exception is expressly made will be considered to be disputed by the Borrowers.

Appears in 1 contract

Samples: Loan Agreement (American Barge Line Co)

Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent shall record the principal amount and currency of the Loans owing to each Lender, the maximum undrawn face amount available to be drawn under and the currency of all applicable outstanding Letters of Credit and the aggregate amount of unpaid reimbursement obligations outstanding with respect to the Letters of Credit from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender’s 's Loans in its books and records. Failure by the Agent or any Lender to make such notation shall not affect the obligations of the Borrowers with respect to the Loans or the Letters of Credit. The Borrowers agree that the Agent’s 's and each Lender’s 's books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereof (absent manifest error)thereof, irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. The Agent will provide to the Borrowers Palco a monthly statement of Loans, payments, and other transactions pursuant to this Agreement. Such statement shall be deemed correct, accurate, and binding on the Obligors Borrowers and an account stated (absent manifest error and except for reversals and reapplications of payments made as provided for in Section 4.6 3.6 and corrections of errors discovered by the Agent), unless the Borrowers notify Palco notifies the Agent in writing to the contrary within 30 thirty (30) days after such statement is rendered. In the event a timely written notice of objections is given by the BorrowersPalco, only the items to which exception is expressly made will be considered to be disputed by the Borrowers.

Appears in 1 contract

Samples: Credit Agreement (Maxxam Inc)

Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent shall record the principal amount and currency of the Loans owing to each Lender, the maximum undrawn face amount available to be drawn under and the currency of all applicable outstanding Letters of Credit and the aggregate amount of unpaid reimbursement obligations outstanding with respect to the Letters of Credit from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender’s Loans in its books and records. Failure by the Agent or any Lender to make such notation shall not affect the obligations of the Borrowers with respect to the Loans or the Letters of Credit. The Borrowers agree that the Agent’s and each Lender’s books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereof (absent manifest error)thereof, irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. The Agent will provide to the Borrowers Administrative Borrower (on behalf of Borrowers) a monthly statement of Loans, payments, and other transactions pursuant to this Agreement. Such statement shall be deemed correct, accurate, and binding on the Obligors Borrowers and an account stated (absent manifest error and except for reversals and reapplications of payments made as provided for in Section 4.6 and 3.7, corrections of errors discovered by the AgentAgent and manifest errors), unless the Borrowers notify a Borrower notifies the Agent in writing to the contrary within 30 180 days after such statement is rendered. In the event a timely written notice of objections is given by the Borrowersa Borrower, only the items to which exception is expressly made will be considered to be disputed by the Borrowers.

Appears in 1 contract

Samples: Credit Agreement (Saks Inc)

Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent shall record the principal amount and currency of the Loans owing to each Lender, the maximum undrawn face amount available to be drawn under and the currency of all applicable outstanding Letters of Credit and the aggregate amount of unpaid reimbursement obligations outstanding with respect to the Letters of Credit from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender’s 's Loans in its books and records. Failure by the Agent or any Lender to make such notation shall not affect the obligations of the Borrowers with respect to the Loans or the Letters of Credit. The Borrowers agree that the Agent’s 's and each Lender’s 's books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereof (absent manifest error)thereof, irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. The Agent will provide to the Borrowers Borrower Representative a monthly statement of Loans, payments, and other transactions pursuant to this Agreement. Such statement shall be deemed correct, accurate, and binding on the Obligors Borrowers and an account stated (absent manifest error and except for reversals and reapplications of payments made as provided for in Section 4.6 3.6 and corrections of errors discovered by the Agent), unless the Borrowers notify Borrower Representative notifies the Agent in writing to the contrary within 30 thirty (30) days after such statement is rendered. In the event a timely written notice of objections is given by the BorrowersBorrower Representative, only the items to which exception is expressly made will be considered to be disputed by the BorrowersBorrower Representative.

Appears in 1 contract

Samples: Loan and Security Agreement (W R Grace & Co)

Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent shall record the principal amount and currency of the Loans owing to each Lender, the maximum undrawn face amount available to be drawn under and the currency of all applicable outstanding Letters of Credit and the aggregate amount of unpaid reimbursement obligations outstanding with respect to the Letters of Credit from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender’s 's Loans in its books and records. Failure by the Agent or any Lender to make such notation shall not affect the obligations of the Borrowers with respect to the Loans or the Letters of Credit. The Borrowers agree that the Agent’s 's and each Lender’s 's books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereof (absent manifest error)thereof, irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. The Agent will provide to the Borrowers Borrower Representative a monthly statement of Loans, payments, and other transactions pursuant to this Agreement. Such statement shall be deemed correct, accurate, and binding on the Obligors Borrowers and an account stated (absent manifest error and except for reversals and reapplications of payments made as provided for in Section 4.6 and corrections of errors discovered by the Agent), unless the Borrowers notify Borrower Representative notifies the Agent in writing to the contrary within 30 thirty (30) days after such statement is rendered. In the event a timely written notice of objections is given by the BorrowersBorrower Representative, only the items to which exception is expressly made will be considered to be disputed by the BorrowersBorrower Representative.

Appears in 1 contract

Samples: Credit Agreement (Owens Corning)

Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent shall record the principal amount and currency of the Loans owing to each Lender, the maximum undrawn face amount available to be drawn under and the currency of all applicable outstanding Letters of Credit and the aggregate amount of unpaid reimbursement obligations outstanding with respect to the Letters of Credit from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender’s 's Loans in its books and records. Failure by the Agent or any Lender to make such notation shall not affect the obligations of the Borrowers Borrower with respect to the Loans or the Letters of Credit. The Borrowers agree Borrower agrees that the Agent’s 's and each Lender’s 's books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereof (absent manifest error)thereof, irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. The Agent will provide to the Borrowers Borrower a monthly statement of Loans, payments, and other transactions pursuant to this Agreement. Such statement shall be deemed correct, accurate, and binding on the Obligors Borrower and an account stated (absent manifest error and except for reversals and reapplications of payments made as provided for in Section 4.6 3.7 and corrections of errors discovered by the Agent), unless the Borrowers notify Borrower notifies the Agent in writing to the contrary within 30 thirty (30) days after such statement is rendered. In the event a timely written notice of objections is given by the BorrowersBorrower, only the items to which exception is expressly made will be considered to be disputed by the BorrowersBorrower.

Appears in 1 contract

Samples: Credit Agreement (Central Freight Lines Inc)

Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent shall record the principal amount and currency of the Loans owing to each Lender, the maximum undrawn face amount available to be drawn under and the currency of all applicable outstanding Letters of Credit and the aggregate amount of unpaid reimbursement obligations outstanding with respect to the Letters of Credit from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender’s 's Loans in its books and records. Failure by the Agent or any Lender to make such notation shall not affect the obligations of the Borrowers with respect to the Loans or the Letters of Credit. The Borrowers agree that the Agent’s 's and each Lender’s 's books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereof (absent manifest error)thereof, irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. The Agent will provide to the Borrowers Administrative Borrower a monthly statement of Loans, payments, and other transactions pursuant to this Agreement. Such statement shall be deemed correct, accurate, and binding on the Obligors Borrowers and an account stated (absent manifest error and except for reversals and reapplications of payments made as provided for in Section 4.6 SECTION 3.6 and corrections of errors discovered by or acknowledged and agreed to by the Agent), unless the Borrowers notify Administrative Borrower, on behalf of the Borrowers, notifies the Agent in writing to the contrary within 30 thirty-five (35) days after such statement is renderedrendered in accordance with Section 13.8 (provided that no such statement shall be required to be provided to Broad and Cassel as otherwise would be required under SECTION 13.8). In the event a evxxx x timely written notice of objections is given by the BorrowersAdministrative Borrower, only the items to which exception is expressly made will be considered to be disputed by the Borrowers.

Appears in 1 contract

Samples: Credit Agreement (Andrx Corp /De/)

Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent shall record the principal amount and currency of the Loans owing to each Lender, the maximum undrawn face amount available to be drawn under and the currency of all applicable outstanding Letters of Credit and the aggregate amount of unpaid reimbursement obligations outstanding with respect to the Letters of Credit from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender’s 's Loans in its books and records. Failure by the Agent or any Lender to make such notation shall not affect the obligations of the Borrowers with respect to the Loans or the Letters of Credit. The Borrowers agree that the Agent’s 's and each Lender’s 's books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereof (absent manifest error)thereof, irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. The Agent will provide to the Borrowers Funds Administrator a monthly statement of Loans, payments, and other transactions pursuant to this Agreement. Such statement shall be deemed correct, accurate, and binding on the Obligors Borrowers and an account stated (absent manifest error and except for reversals and reapplications of payments made as provided for in Section 4.6 3.8 and corrections of errors discovered by the Agent), unless the Borrowers notify Funds Administrator notifies the Agent in writing to the contrary within 30 sixty (60) days after such statement is rendered. In the event a timely written notice of objections is given by the BorrowersFunds Administrator, only the items to which exception is expressly made will be considered to be disputed by the Borrowers.

Appears in 1 contract

Samples: Credit Agreement (Enpro Industries Inc)

Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent shall record the principal amount and currency of the Loans owing to each Lender, the maximum undrawn face amount available to be drawn under and the currency of all applicable outstanding Letters of Credit and the aggregate amount of unpaid reimbursement obligations outstanding with respect to the Letters of Credit from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender’s 's Loans in its books and records. Failure by the Agent or any Lender to make such notation shall not affect the obligations of the Borrowers Borrower with respect to the Loans or the Letters of Credit. The Borrowers agree Borrower agrees that the Agent’s 's and each Lender’s 's books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereof (absent manifest error)thereof, irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. The Agent will provide to the Borrowers Borrower a monthly statement of Loans, payments, and other transactions pursuant to this Agreement. Such statement shall be deemed correct, accurate, and binding on the Obligors Borrower and an account stated (absent manifest error and except for reversals and reapplications of payments made as provided for in Section 4.6 SECTION 3.8 and corrections of errors discovered by the Agent), unless the Borrowers notify Borrower notifies the Agent in writing to the contrary within 30 thirty (30) days after such statement is rendered. In the event a timely written notice of objections is given by the BorrowersBorrower, only the items to which exception is expressly made will be considered to be disputed by the BorrowersBorrower.

Appears in 1 contract

Samples: Credit Agreement (Acg Holdings Inc)

Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent shall record the principal amount and currency of the Loans owing to each Lender, the maximum undrawn face amount available to be drawn under and the currency of all applicable outstanding Letters of Credit and the aggregate amount of unpaid reimbursement obligations outstanding with respect to the Letters of Credit from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender’s Loans in its books and records. Failure by the Agent or any Lender to make such notation shall not affect the obligations of the Borrowers with respect to the Loans or the Letters of Credit. The Borrowers agree that the Agent’s and each Lender’s books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereof (absent manifest error)thereof, irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. The Agent will provide to the Borrowers LS&Co a monthly statement of Loans, payments, and other transactions pursuant to this Agreement, including in respect of any month in which an assignment of any Commitment has occurred a current schedule of the Lenders and each of their respective Commitments hereunder. Such statement shall be deemed correct, accurate, and binding on the Obligors Borrowers and an account stated (absent manifest error and except for reversals and reapplications of payments made as provided for in Section 4.6 3.8(c) and corrections of errors discovered by the Agent), unless the Borrowers notify LS&Co notifies the Agent in writing to the contrary within 30 thirty (30) days after such statement is rendered. In the event a timely written notice of objections is given by the BorrowersLS&Co, only the items to which exception is expressly made will be considered to be disputed by the Borrowers.

Appears in 1 contract

Samples: Credit Agreement (Levi Strauss & Co)

Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent shall record the principal amount and currency of the Revolving Loans owing to each Lender, the maximum undrawn amount available to be drawn under and the currency of all applicable outstanding Letters of Credit and the aggregate amount of unpaid reimbursement obligations outstanding with respect to the Letters of Credit from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender’s Revolving Loans in its books and records. Failure by the Agent or any Lender to make such notation or any error therein shall not affect the obligations of the Borrowers Borrower with respect to the Revolving Loans or the Letters of Credit. The Borrowers agree Borrower agrees that the Agent’s and each Lender’s books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereof (absent manifest error)thereof, irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. The Agent will provide to the Borrowers Borrower a monthly statement interest and fee invoice which will also reflect the balances of all outstanding Revolving Loans, payments, payments and other transactions pursuant to this Agreement. Such statement shall be deemed correct, accurate, and binding on the Obligors Borrower and an account stated (absent manifest error and except for reversals and reapplications of payments made as provided for in Section 4.6 3.7 and corrections of errors discovered by the Agent), unless the Borrowers notify Borrower notifies the Agent in writing to the contrary within 30 ninety (90) days after such statement is rendered. In the event a timely written notice of objections is given by the BorrowersBorrower, only the items to which exception is expressly made will be considered to be disputed by the BorrowersBorrower.

Appears in 1 contract

Samples: Credit Agreement (Johnstone Tank Trucking Ltd.)

Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent shall record the principal amount and currency of the Revolving Loans owing to each Lender, the maximum undrawn face amount available to be drawn under and the currency of all applicable outstanding Letters of Credit and the aggregate amount of unpaid reimbursement obligations outstanding with respect to the Letters of Credit from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender’s Loans in its books and records. Failure by the Agent or any Lender to make such notation shall not affect the obligations of the Borrowers with respect to the Revolving Loans or the Letters of Credit. The Borrowers agree Each Borrower agrees that the Agent’s and each Lender’s books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereof (absent manifest error), irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. The Agent will provide to ATI, on behalf of the Borrowers Borrowers, a monthly statement of LoansCredit Extensions, payments, and other transactions pursuant to this Agreement. Such statement shall be deemed presumptively correct, accurate, and binding on the Obligors Borrowers and an account stated (absent manifest error and except for reversals and reapplications of payments made as provided for in Section 4.6 3.5 and corrections of errors discovered by the Agent), unless the Borrowers (or ATI on their behalf) notify the Agent in writing to the contrary within 30 thirty (30) days after such statement is rendered. In the event a timely written notice of objections is given by the Borrowersa Borrower (or ATI on behalf of such Borrower), only the items to which exception is expressly made will be considered to be disputed by the Borrowerssuch Borrower.

Appears in 1 contract

Samples: Credit Agreement (Ann Inc.)

Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent shall record the principal amount and currency of the Loans owing to each Lender, the maximum undrawn face amount available to be drawn under and the currency of all applicable outstanding Letters of Credit and the aggregate amount of unpaid reimbursement obligations outstanding with respect to the Letters of Credit from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender’s Loans in its books and records. Failure by the Agent or any Lender to make such notation shall not affect the obligations of the Borrowers with respect to the Loans or the Letters of Credit. The Borrowers agree that the Agent’s and each Lender’s books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereof (absent manifest error)thereof, irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. The Agent will provide to the Borrowers LS&Co a monthly statement of Loans, payments, and other transactions pursuant to this Agreement, including in respect of any month in which an assignment of any Commitment has occurred a current schedule of the Lenders and each of their respective Commitments hereunder. Such statement shall be deemed correct, accurate, and binding on the Obligors Borrowers and an account stated (absent manifest error and except for reversals and reapplications of payments made as provided for in Section 4.6 3.7 and corrections of errors discovered by the Agent), unless the Borrowers notify LS&Co notifies the Agent in writing to the contrary within 30 thirty (30) days after such statement is rendered. In the event a timely written notice of objections is given by the BorrowersLS&Co, only the items to which exception is expressly made will be considered to be disputed by the Borrowers.

Appears in 1 contract

Samples: Credit Agreement (Levi Strauss & Co)

Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent shall record the principal amount and currency of the Loans owing to each Lender, the maximum undrawn face amount available to be drawn under and the currency of all applicable outstanding Letters of Credit and the aggregate amount of unpaid reimbursement obligations outstanding with respect to the Letters of Credit from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender’s Loans in its books and records. Failure by the Agent or any Lender to make such notation shall not affect the obligations of the Borrowers with respect to the Loans or the Letters of Credit. The Borrowers agree Each Borrower agrees that the Agent’s and each Lender’s books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereof (absent manifest error), irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. The Agent will provide to ATI, on behalf of the Borrowers Borrowers, a monthly statement of Loans, payments, and other transactions pursuant to this Agreement. Such statement shall be deemed presumptively correct, accurate, and binding on the Obligors Borrowers and an account stated (absent manifest error and except for reversals and reapplications of payments made as provided for in Section 4.6 3.5 and corrections of errors discovered by the Agent), unless the Borrowers (or ATI on their behalf) notify the Agent in writing to the contrary within 30 thirty (30) days after such statement is rendered. In the event a timely written notice of objections is given by the Borrowersa Borrower (or ATI on behalf of such Borrower), only the items to which exception is expressly made will be considered to be disputed by the Borrowerssuch Borrower.

Appears in 1 contract

Samples: Credit Agreement (Anntaylor Stores Corp)

Agent’s and Lenders’ Books and Records; Monthly Statements. The Agent shall record the principal amount and currency of the Loans owing to each Lender, the maximum undrawn face amount available to be drawn under and the currency of all applicable outstanding Letters of Credit and the aggregate amount of unpaid reimbursement obligations outstanding with respect to the Letters of Credit from time to time on its books. In addition, each Lender may note the date and amount of each payment or prepayment of principal of such Lender’s Loans in its books and records. Failure by the Agent or any Lender to make such notation shall not affect the obligations of the Borrowers Borrower with respect to the Loans or the Letters of Credit. The Borrowers agree Borrower agrees that the Agent’s and each Lender’s books and records showing the Obligations and the transactions pursuant to this Agreement and the other Loan Documents shall be admissible in any action or proceeding arising therefrom, and shall constitute rebuttably presumptive proof thereof (absent manifest error)thereof, irrespective of whether any Obligation is also evidenced by a promissory note or other instrument. The Agent will provide to the Borrowers Borrower a monthly statement of Loans, payments, and other transactions pursuant to this Agreement. Such statement shall be deemed rebuttably presumed correct, accurate, and binding on the Obligors Borrower and an account stated (absent manifest error and except for reversals and reapplications of payments made as provided for in Section 4.6 3.8 and corrections of errors discovered by the Agent), unless the Borrowers notify Borrower notifies the Agent in writing to the contrary within 30 thirty (30) days after such statement is rendered. In the event a timely written notice of objections is given by the BorrowersBorrower, only the items to which exception is expressly made will be considered to be disputed by the BorrowersBorrower.

Appears in 1 contract

Samples: Credit Agreement (Spherion Corp)

Time is Money Join Law Insider Premium to draft better contracts faster.