Common use of Maintenance of Loan Account; Statements of Obligations Clause in Contracts

Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrower (the “Loan Account”) on which Borrower shall be charged with all Advances made by Agent or the Lenders to Borrower or for Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrower or for Borrower’s account, including all amounts received from any Cash Management Bank in the deposit account of Agent designated in the relevant Cash Management Agreement. Agent shall render statements regarding the Loan Account to Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within thirty (30) days after receipt thereof by Borrower, Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 3 contracts

Samples: Loan and Security Agreement (Horizon Technology Finance Corp), Loan and Security Agreement (Horizon Technology Finance Corp), Loan and Security Agreement (Horizon Technology Finance Corp)

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Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrower Borrowers (the "Loan Account") on which Borrower shall Borrowers will be charged with all Advances the LC Obligations and the Term Loans made by Agent or the Lenders to Borrower Borrowers or for Borrower’s Borrowers' account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.72.8, the Loan Account will be credited with all payments received by Agent from Borrower Borrowers or for Borrower’s Borrowers' account, including all amounts received in the Agent's Account from any Cash Management Bank in the deposit account of Agent designated in the relevant Cash Management AgreementBank. In accordance with Section 2.6(d), Agent shall render statements regarding the Loan Account to Administrative Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within thirty (30) 30 days after receipt thereof by Administrative Borrower, Administrative Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 2 contracts

Samples: Credit Agreement (TB Wood's INC), Credit Agreement (Altra Industrial Motion, Inc.)

Maintenance of Loan Account; Statements of Obligations. Agent Lender shall maintain an account on its books in the name of Borrower Borrowers (the “Loan Account”) on in which Borrower shall will be charged with recorded all Advances made by Agent or the Lenders Lender to Borrower Borrowers or for Borrower’s Borrowers’ account, the Letters of Credit issued or arranged by Lender for Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents, including, including accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.72.4 and Section 2.5, the Loan Account will be credited with all payments received by Agent Lender from Borrower Borrowers or for Borrower’s Borrowers’ account, including all amounts received from any Cash Management Bank in . All monthly statements delivered by Lender to the deposit account of Agent designated in the relevant Cash Management Agreement. Agent shall render statements Borrowers regarding the Loan Account to BorrowerAccount, including with respect to principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statementsshall be subject to subsequent adjustment by Lender but shall, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within thirty (30) 30 days after receipt thereof by BorrowerBorrowers, Borrower Borrowers shall deliver to Agent Lender written objection thereto describing the error or errors contained in any such statements.

Appears in 2 contracts

Samples: Credit and Security Agreement (Integrated Electrical Services Inc), Credit and Security Agreement (Startek Inc)

Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrower (the “Loan Account”) on which Borrower shall will be charged with all Advances (including Agent Advances and Swingline Loans) made by Agent Agent, Swingline Lender or the Lenders to Borrower or for Borrower’s account, and with all other payment Obligations hereunder or under the other Loan DocumentsDocuments (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.72.10, the Loan Account will be credited with all payments received by Agent from Borrower or for Borrower’s account, including all amounts received from any Cash Management Bank in the deposit account of Agent designated in the relevant Cash Management Agreement. Agent shall render statements regarding the Loan Account to Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within thirty (30) 30 days after receipt thereof by Borrower, Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 2 contracts

Samples: Loan and Security Agreement (Hercules Capital, Inc.), Loan and Security Agreement (Hercules Capital, Inc.)

Maintenance of Loan Account; Statements of Obligations. Agent Lender shall maintain an account on its books in the name of Borrower (the “Loan Account”) on which Borrower shall will be charged with all Advances made by Agent or the Lenders Lender to Borrower or for Borrower’s account, and with all other payment Obligations hereunder or under the other Loan DocumentsDocuments (except for Bank Product Obligations), including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent Lender from Borrower or for Borrower’s account, including all amounts received in the Lender’s Account from any Cash Management Bank in the deposit account of Agent designated in the relevant Cash Management AgreementBank. Agent Lender shall render monthly statements regarding the Loan Account to Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within thirty (30) 30 days after receipt thereof by Borrower, Borrower shall deliver to Agent Lender written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Loan and Security Agreement (Marlin Business Services Corp)

Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrower (the “Loan Account”"LOAN ACCOUNT") on which Borrower shall will be charged with all Advances made by Agent or the Lenders to Borrower Borrower's or for Borrower’s 's account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses, and any other payment Obligations of Borrower. In accordance with Section 2.7SECTION 2.9, the Loan Account will be credited with all payments received by Agent from Borrower or for Borrower’s 's account, including all amounts received in the Agent's Account from any Cash Management Lockbox Bank in or the deposit account of Agent designated in the relevant Cash Management AgreementForeign Concentration Account Banks. Agent shall render statements regarding the Loan Account to Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within thirty (30) 30 days after receipt thereof by Borrower, Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Loan and Security Agreement (3do Co)

Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrower Borrowers (the “Loan Account”) on which Borrower shall Borrowers will be charged with all the Term Loan and any Protective Advances made by Agent or the Lenders to Borrower Borrowers or for Borrower’s Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.72.8, the Loan Account will be credited with all payments received by Agent from Borrower Borrowers or for Borrower’s Borrowers’ account, including all amounts received in the Agent’s Account from any Cash Management Bank in the deposit account of Agent designated in the relevant Cash Management AgreementBank. Agent shall render statements regarding the Loan Account to Administrative Borrower, including principal, interest, interest and fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within thirty (30) 60 days after receipt thereof by Administrative Borrower, Administrative Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Credit Agreement (Monotype Imaging Holdings Inc.)

Maintenance of Loan Account; Statements of Obligations. Administrative Agent shall maintain an account on its books in the name of Borrower (the “Loan Account”) on which Borrower shall will be charged with the Term Loan B and all Advances made by Administrative Agent or the Lenders to Borrower or for Borrower’s account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses, and any other payment Obligations of Borrower (except for Bank Product Obligations). In accordance with Section 2.72.8, the Loan Account will be credited with all payments received by Administrative Agent from Borrower or for Borrower’s account, including all amounts received in the Agent Account from any Cash Management Bank in the deposit account of Agent designated in the relevant Cash Management AgreementCollection Account Bank. Administrative Agent shall render statements regarding the Loan Account to Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within thirty (30) 30 days after receipt thereof by Borrower, Borrower shall deliver to Administrative Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Loan Agreement (Ram Energy Resources Inc)

Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrower (the “Loan Account”) on which Borrower shall will be charged with all Advances made by Agent or the Lenders to Borrower or for Borrower’s account, the Letters of Credit issued by Issuing Lender for Borrower’s account, and with all other payment Obligations hereunder or under the other Loan DocumentsDocuments (except Obligations referred to in clause (b) of the definition thereof), including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.72.8, the Loan Account will be credited with all payments received by Agent from Borrower or for Borrower’s account, including all amounts received in the Agent’s Account from any Cash Management Bank in Bank. When crediting payments to the deposit account Loan Account, the Agent agrees to work with the Borrower to avoid the incurrence of Agent designated in the relevant Cash Management Agreementany breakage fees relating to LIBOR contracts. Agent shall render statements regarding the Loan Account to Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within thirty (30) 30 days after receipt thereof by Borrower, Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Loan, Guaranty and Security Agreement (Design Within Reach Inc)

Maintenance of Loan Account; Statements of Obligations. Administrative Agent shall maintain an account on its books in the name of Borrower Borrowers (the “Loan Account”) on which Borrower shall Borrowers will be charged with all Advances the Term Loans made by Agent or the Lenders to Borrower Borrowers or for Borrower’s Borrowers’ account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.72.8, the Loan Account will be credited with all payments received by Administrative Agent from Borrower Borrowers or for Borrower’s Borrowers’ account, including all amounts received in the Administrative Agent’s Account from any Cash Management Bank in the deposit account of Agent designated in the relevant Cash Management Agreement(if any). Administrative Agent shall render statements regarding the Loan Account to Administrative Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within thirty (30) 30 days after receipt thereof by Administrative Borrower, Administrative Borrower shall deliver to Administrative Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Credit Agreement (Ascendia Brands, Inc.)

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Maintenance of Loan Account; Statements of Obligations. Agent shall ------------------------------------------------------ maintain an account on its books in the name of Borrower (the "Loan Account") on which Borrower shall will be charged with all Advances made by Agent Agent, or the Lenders to Borrower or for Borrower’s 's account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses, and any other payment Obligations. In accordance with Section 2.7, ----------- the Loan Account will be credited with all payments received by Agent from Borrower or for Borrower’s 's account, including all amounts received in the Agent's Account from any Cash Management Bank in the deposit account of Agent designated in the relevant Cash Management AgreementLockbox Bank. Agent shall render monthly statements regarding the Loan Account to BorrowerBorrower (with copies to the Lenders), including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within thirty (30) 60 days after receipt thereof by BorrowerBorrower and the Lenders, Borrower or any Lender shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Loan and Security Agreement (System Software Associates Inc)

Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrower Borrowers (the “Loan Account”) on which Borrower shall Borrowers will be charged with all Advances the Term Loan made by Agent or the Lenders to Borrower Borrowers or for Borrower’s account, Borrowers’ account and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7, the Loan Account will be credited with all payments received by Agent from Borrower Borrowers or for Borrower’s Borrowers’ account, including all amounts received from any Cash Management Bank in the deposit account of Agent designated in the relevant Cash Management Agreement. Agent shall render make available to Borrowers quarterly statements regarding the Loan Account to BorrowerAccount, including principalthe principal amount of the Term Loan interest accrued hereunder, interest, feesfees accrued or charged hereunder or under the other Loan Documents, and including an a summary itemization of all charges and expenses constituting Lender Group Expenses owingaccrued hereunder or under the other Loan Documents, and each such statementsstatement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within thirty (30) 30 days after receipt thereof by BorrowerAgent first makes such a statement available to Borrowers, Borrower Borrowers shall deliver to Agent written objection thereto describing the error or errors contained in any such statementsstatement.

Appears in 1 contract

Samples: Term Loan Agreement (Colt Defense LLC)

Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrower Borrowers (the “Loan Account”"LOAN ACCOUNT") on which Borrower shall Borrowers will be charged with the Term Loan, all Protective Advances made by Agent or the Lenders to Borrower Borrowers or for Borrower’s Borrowers' account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.7SECTION 2.6, the Loan Account will be credited with all payments received by Agent from Borrower Borrowers or for Borrower’s Borrowers' account, including all amounts received in the Agent's Account from any Cash Management Bank in the deposit account of Agent designated in the relevant Cash Management AgreementBank. Agent shall render statements regarding the Loan Account to Administrative Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within thirty (30) 30 days after receipt thereof by Administrative Borrower, Administrative Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Credit Agreement (WHX Corp)

Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrower Borrowers (the "Loan Account") on which Borrower shall Borrowers will be charged with all Advances (including Agent Advances and Swing Loans) made by Agent Agent, Swing Lender, or the Lenders to Borrower Borrowers or for Borrower’s Borrowers' account, the Letters of Credit issued by Issuing Lender for Borrowers' account, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.72.8, the Loan Account will be credited with all payments received by Agent from Borrower Borrowers or for Borrower’s Borrowers' account, including all amounts received from any Cash Management Bank in the deposit account of Agent designated in the relevant Cash Management Agreement. Agent shall render statements regarding the Loan Account to Administrative Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, statements shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within thirty (30) 30 days after receipt thereof by Administrative Borrower, Administrative Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Loan and Security Agreement (Riviera Holdings Corp)

Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrower (the “Loan Account”) on which Borrower shall will be charged with all Advances made by Agent or the Lenders to Borrower or for Borrower’s accountTerm Loan, and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.72.6, the Loan Account will be credited with all payments received by Agent from Borrower or for Borrower’s account, including all amounts received from any Cash Management Bank in the deposit account of Agent designated in the relevant Cash Management Agreement. Agent shall render make available to Borrower monthly statements regarding the Loan Account to BorrowerAccount, including principalthe principal amount of the Term Loan, interestinterest accrued hereunder, feesfees accrued or charged hereunder or under the other Loan Documents, and including an a summary itemization of all charges and expenses constituting Lender Group Expenses owingaccrued hereunder or under the other Loan Documents, and each such statementsstatement, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower and the Lender Group unless, within thirty (30) 30 days after receipt thereof by Agent first makes such a statement available to Borrower, Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statementsstatement.

Appears in 1 contract

Samples: Credit Agreement (XZERES Corp.)

Maintenance of Loan Account; Statements of Obligations. Agent shall maintain an account on its books in the name of Borrower Borrowers (the “Loan Account”) on which Borrower shall Borrowers will be charged with all Advances the Term Loans (including Agent Advances) made by Agent or the Lenders to Borrower Borrowers or for Borrower’s account, Borrowers’ account and with all other payment Obligations hereunder or under the other Loan Documents, including, accrued interest, fees and expenses, and Lender Group Expenses. In accordance with Section 2.72.8, the Loan Account will be credited with all payments received by Agent from Borrower Borrowers or for Borrower’s Borrowers’ account, including all amounts received in the Agent’s Account from any Cash Management Bank in the deposit account of Agent designated in the relevant Cash Management AgreementBank. Agent shall render statements regarding the Loan Account to Administrative Borrower, including principal, interest, fees, and including an itemization of all charges and expenses constituting Lender Group Expenses owing, and such statements, absent manifest error, shall be conclusively presumed to be correct and accurate and constitute an account stated between Borrower Borrowers and the Lender Group unless, within thirty (30) 30 days after receipt thereof by Administrative Borrower, Administrative Borrower shall deliver to Agent written objection thereto describing the error or errors contained in any such statements.

Appears in 1 contract

Samples: Loan and Security Agreement (Paincare Holdings Inc)

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