Common use of Statements Clause in Contracts

Statements. Lender shall render to Borrower each month a statement setting forth the balance in the Borrower's loan account(s) maintained by Lender for Borrower pursuant to the provisions of this Agreement, including principal, interest, fees, costs and expenses. Each such statement shall be subject to subsequent adjustment by Lender but shall, absent manifest errors or omissions, be considered correct and deemed accepted by Borrower and conclusively binding upon Borrower as an account stated except to the extent that Lender receives a written notice from Borrower of any specific exceptions of Borrower thereto within thirty (30) days after the date such statement has been mailed by Lender. Until such time as Lender shall have rendered to Borrower a written statement as provided above, the balance in Borrower's loan account(s) shall be presumptive evidence of the amounts due and owing to Lender by Borrower.

Appears in 48 contracts

Samples: Loan and Security Agreement (Swank Inc), Loan and Security Agreement (Seven Seas Steamship Co Nv), Loan and Security Agreement (Chiquita Brands International Inc)

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Statements. Lender shall render to Borrower each month a statement setting forth the balance in the Borrower's loan account(s) maintained by Lender for Borrower pursuant to the provisions of this Agreement, including principal, interest, fees, costs and expenses. Each such statement shall be subject to subsequent adjustment by Lender but shall, absent manifest errors or omissions, be considered correct and deemed accepted by Borrower and conclusively binding upon Borrower as an account stated except to the extent that Lender receives a written notice from Borrower of any specific exceptions of Borrower thereto within thirty (30) days after the date such statement has been mailed by Lender. Until such time as Lender shall have rendered to Borrower a written statement as provided above, the balance in Borrower's loan account(s) shall be presumptive evidence of the amounts due and owing to Lender by Borrower.

Appears in 11 contracts

Samples: Loan and Security Agreement (Source Interlink Companies Inc), Loan and Security Agreement (Browne Bottling Co), Loan and Security Agreement (Source Interlink Companies Inc)

Statements. Lender shall render to Borrower Borrowers each month a statement setting forth the balance in the Borrower's Borrowers' loan account(s) maintained by Lender for Borrower Borrowers pursuant to the provisions of this Agreement, including principal, interest, fees, costs and expenses. Each such statement shall be subject to subsequent adjustment by Lender but shall, absent manifest errors or omissions, be considered correct and deemed accepted by Borrower Borrowers and conclusively binding upon Borrower Borrowers as an account stated except to the extent that Lender receives a written notice from Borrower Borrowers of any specific exceptions of Borrower Borrowers thereto within thirty (30) days after the date such statement has been mailed by Lender. Until such time as Lender shall have rendered to Borrower Borrowers a written statement as provided above, the balance in Borrower's Borrowers' loan account(s) shall be presumptive evidence of the amounts due and owing to Lender by BorrowerBorrowers.

Appears in 9 contracts

Samples: Loan and Security Agreement (Guess Inc Et Al/Ca/), Loan and Security Agreement (Guess Inc Et Al/Ca/), Loan and Security Agreement (Guess Inc Et Al/Ca/)

Statements. Lender shall render to Borrower each month a statement setting forth the balance in the Borrower's ’s loan account(s) maintained by Lender for Borrower pursuant to the provisions of this Agreement, including principal, interest, fees, costs and expenses. Each such statement shall be subject to subsequent adjustment by Lender but shall, absent manifest errors or omissions, be considered correct and deemed accepted by Borrower and conclusively binding upon Borrower as an account stated except to the extent that Lender receives a written notice from Borrower of any specific exceptions of Borrower thereto within thirty (30) days after the date such statement has been mailed by Lender. Until such time as Lender shall have rendered to Borrower a written statement as provided above, the balance in Borrower's ’s loan account(s) shall be presumptive evidence of the amounts due and owing to Lender by Borrower.

Appears in 7 contracts

Samples: Loan and Security Agreement (Vector Group LTD), Loan Agreement (Mad Catz Interactive Inc), Loan and Security Agreement (Vector Group LTD)

Statements. Lender shall render to Borrower each month a statement setting forth the balance in the Borrower's loan account(s) maintained by Lender for Borrower pursuant to the provisions of this Agreement, including principal, interest, fees, costs and expenses. Each such statement shall be subject to subsequent adjustment by Lender but shall, absent manifest errors or omissions, be considered correct and deemed accepted by Borrower and conclusively binding upon Borrower as an account stated except to the extent that Lender receives a written notice from Borrower of any specific exceptions of Borrower thereto within thirty forty-five (3045) days after the date such statement has been mailed by Lender. Until such time as Lender shall have rendered to Borrower a written statement as provided above, the balance in Borrower's loan account(s) shall be presumptive evidence of the amounts due and owing to Lender by Borrower.

Appears in 4 contracts

Samples: Loan and Security Agreement (Valley Media Inc), Loan and Security Agreement (Digital Lightwave Inc), Loan and Security Agreement (Loehmanns Inc)

Statements. Lender shall render to Borrower each month a statement setting forth the balance in the Borrower's ’s loan account(s) maintained by Lender for Borrower pursuant to the provisions of this Agreement, including principal, interest, fees, costs and expenses. Each such statement shall be subject to subsequent adjustment by Lender but shall, absent manifest errors or omissions, be considered correct and deemed accepted by Borrower and conclusively binding upon Borrower as an account stated except to the extent that Lender receives a written notice from Borrower of any specific exceptions of Borrower thereto within thirty (30) days after the date such statement has been mailed by Lender. Until such time as Lender shall have rendered to Borrower a written statement as provided above, the balance in Borrower's ’s loan account(s) shall be presumptive evidence of the amounts due and owing to Lender by Borrower.

Appears in 3 contracts

Samples: Loan and Security Agreement (Vitacost.com, Inc.), Loan and Security Agreement (Impreso Inc), Loan and Security Agreement (Ecost Com Inc)

Statements. Lender shall render to Borrower Borrowers each month a statement setting forth the balance in the Borrower's Borrowers' loan account(s) accounts maintained by Lender for Borrower Borrowers pursuant to the provisions of this Agreement, including principal, interest, fees, costs and expenses. Each such statement shall be subject to subsequent adjustment by Lender but shall, absent manifest errors or omissions, be considered correct and deemed accepted by each Borrower and conclusively binding upon each Borrower as an account stated except to the extent that Lender receives a written notice from Borrower a Borrower's Representative of any specific exceptions of such Borrower thereto within thirty (30) days after the date such statement has been mailed by Lender. Until such time as Lender shall have rendered to a Borrower a written statement as provided above, the balance in such Borrower's loan account(s) shall be presumptive evidence of the amounts due and owing to Lender by such Borrower.

Appears in 3 contracts

Samples: Loan and Security Agreement (Atlantic Express Transportation Corp), Loan and Security Agreement (Atlantic Express Transportation Corp), Loan and Security Agreement (Atlantic Express Transportation Corp)

Statements. Lender shall render to Borrower each month a statement setting forth the balance in the Borrower's ’s loan account(s) maintained by Lender for Borrower pursuant to the provisions of this Agreement, including principal, interest, fees, costs and expenses. Each such statement shall be subject to subsequent adjustment by Lender but shall, absent manifest errors or omissions, be considered correct and deemed accepted by Borrower and conclusively binding upon Borrower as an account stated except to the extent that Lender receives a written notice from Borrower of any specific exceptions of Borrower thereto within thirty (30) days after the date such statement has been mailed received by LenderBorrower. Until such time as Lender shall have rendered to Borrower a written statement as provided above, the balance in Borrower's ’s loan account(s) shall be presumptive evidence of the amounts due and owing to Lender by Borrower.

Appears in 3 contracts

Samples: Loan and Security Agreement (Five Below, Inc), Loan and Security Agreement (Five Below, Inc), Loan and Security Agreement (Five Below, Inc)

Statements. Lender shall render to Borrower each month a statement setting forth the balance in the Borrower's loan account(s) maintained by Lender for Borrower pursuant to the provisions of this Agreement, including principal, interest, fees, costs and expenses. Each such statement shall be subject to subsequent adjustment by Lender but shall, absent manifest errors or omissions, be considered correct and deemed accepted by Borrower and conclusively binding upon Borrower as an account stated except to the extent that Lender receives a written notice from Borrower of any specific exceptions of Borrower thereto within thirty forty-five (3045) days after the date such statement has been mailed to Borrower by Lender. Until such time as Lender shall have rendered to Borrower a written statement as provided above, the balance in Borrower's loan account(s) shall be presumptive evidence of the amounts due and owing to Lender by Borrower.

Appears in 2 contracts

Samples: Loan and Security Agreement (Anvil Knitwear Inc), Loan and Security Agreement (Anvil Holdings Inc)

Statements. Lender shall render to Borrower Borrowers each month a statement setting forth the balance in the Borrower's Borrowers' loan account(s) maintained by Lender for Borrower Borrowers pursuant to the provisions of this Agreement, including principal, interest, fees, costs and expenses. Each such statement shall be subject to subsequent adjustment by Lender but shall, absent manifest errors or omissions, be considered correct and deemed accepted by Borrower Borrowers and conclusively binding upon Borrower Borrowers as an account stated except to the extent that Lender receives a written notice from Borrower Borrowers' Agent of any specific exceptions of Borrower Borrowers thereto within thirty (30) days after the date such statement has been mailed by Lender. Until such time as Lender shall have rendered to Borrower Borrowers a written statement as provided above, the balance in Borrower's Borrowers' loan account(s) shall be presumptive evidence of the amounts due and owing to Lender by BorrowerBorrowers.

Appears in 2 contracts

Samples: Loan and Security Agreement (Nutritional Sourcing Corp), Loan and Security Agreement (Nutritional Sourcing Corp)

Statements. Lender shall render to Borrower each month a statement ---------- setting forth the balance in the Borrower's loan account(s) maintained by Lender for Borrower pursuant to the provisions of this Agreement, including principal, interest, fees, costs and expenses. Each such statement shall be subject to subsequent adjustment by Lender but shall, absent manifest errors or omissions, be considered correct and deemed accepted by Borrower and conclusively binding upon Borrower as an account stated except to the extent that Lender receives a written notice from Borrower of any specific exceptions of Borrower thereto within thirty (30) days after the date such statement has been mailed by Lender. Until such time as Lender shall have rendered to Borrower a written statement as provided above, the balance in Borrower's loan account(s) shall be presumptive evidence of the amounts due and owing to Lender by Borrower.

Appears in 2 contracts

Samples: Loan and Security Agreement (Quadrax Corp), Receivable Financing Agreement (Keystone Consolidated Industries Inc)

Statements. Lender shall render to Borrower Borrowers each month a statement setting forth the balance in the Borrower's Borrowers' loan account(s) maintained by Lender for Borrower Borrowers pursuant to the provisions of this Agreement, including principal, interest, fees, costs and expenses. Each such statement shall be subject to subsequent adjustment by Lender but shall, absent manifest errors or omissions, be considered correct and deemed accepted by Borrower Borrowers and conclusively binding upon Borrower Borrowers as an account stated except to the extent that Lender receives a written notice from Borrower Borrowers of any specific exceptions of Borrower Borrowers thereto within thirty forty-five (3045) days after the date such statement has been mailed by Lender. Until such time as Lender shall have rendered to Borrower Borrowers a written statement as provided above, the balance in Borrower's Borrowers' loan account(s) shall be presumptive evidence of the amounts due and owing to Lender by BorrowerBorrowers.

Appears in 1 contract

Samples: Loan and Security Agreement (Alpha Technologies Group Inc)

Statements. Lender shall render to Borrower Borrowers each month a statement ---------- setting forth the balance in the Borrower's Borrowers' loan account(s) maintained by Lender for Borrower Borrowers pursuant to the provisions of this Agreement, including principal, interest, fees, costs and expenses. Each such statement shall be subject to subsequent adjustment by Lender but shall, absent manifest errors or omissions, be considered correct and deemed accepted by Borrower Borrowers and conclusively binding upon Borrower Borrowers as an account stated except to the extent that Lender receives a written notice from Borrower Borrowers of any specific exceptions of Borrower Borrowers thereto within thirty forty-five (3045) days after the date such statement has been mailed by Lender. Until such time as Lender shall have rendered to Borrower Borrowers a written statement as provided above, the balance in Borrower's Borrowers' loan account(s) shall be presumptive evidence of the amounts due and owing to Lender by BorrowerBorrowers.

Appears in 1 contract

Samples: Loan and Security Agreement (Transit Group Inc)

Statements. Lender shall render to Borrower each month a statement setting forth the balance in the Borrower's loan account(s) maintained by Lender for Borrower pursuant to the provisions of this Agreement, including principal, interest, fees, costs and expenses. Each such statement shall be subject to subsequent adjustment by Lender but shall, absent manifest errors or omissions, be considered correct and deemed accepted by Borrower and conclusively binding upon Borrower as an account stated except to the extent that Lender receives a written notice from Borrower of any specific exceptions of Borrower thereto within thirty (30) days after the date such statement has been mailed by Lender. Until such time as Lender shall have rendered to Borrower a written statement as provided above, the balance in Borrower's loan account(s) shall be presumptive evidence of the amounts due and owing by Borrower to Lender by BorrowerLender.

Appears in 1 contract

Samples: Loan and Security Agreement (Clark Material Handling Co)

Statements. Lender shall render to Borrower each month a statement setting forth the balance in the Borrower's loan account(s) maintained by Lender for Borrower pursuant to the provisions of this Agreement, including principal, interest, fees, costs and expenses. Each such statement shall be subject to subsequent adjustment by Lender but shall, absent manifest errors or omissions, be considered correct and deemed accepted by Borrower and conclusively binding upon Borrower as an account stated except to the extent that Lender receives a written notice from Borrower of any specific exceptions of Borrower thereto within thirty sixty (3060) days after the date such statement has been mailed by Lender. Until such time as Lender shall have rendered to Borrower a written statement as provided above, the balance in Borrower's loan account(s) shall be presumptive evidence of the amounts due and owing to Lender by Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Gottschalks Inc)

Statements. Lender shall render to Borrower each month a statement setting forth the balance in the Borrower's ’s loan account(s) maintained by Lender for Borrower pursuant to the provisions of this Agreement, including principal, interest, fees, costs and expenses. Each such statement shall be subject to subsequent adjustment by Lender but shall, absent manifest errors or omissions, be considered correct and deemed accepted by Borrower and conclusively binding upon Borrower as an account stated except to the extent that Lender receives a written notice from Borrower of any specific exceptions of Borrower thereto within thirty forty-five (3045) days after the date such statement has been mailed by Lender. Until such time as Lender shall have rendered to Borrower a written statement as provided above, the balance in Borrower's ’s loan account(s) shall be presumptive evidence of the amounts due and owing to Lender by Borrower.. 6.3

Appears in 1 contract

Samples: Loan and Security Agreement (Bayou Steel Corp)

Statements. Lender shall render to Borrower Borrowers each month a statement setting forth the balance in the each Borrower's ’s loan account(s) maintained by Lender for Borrower Borrowers pursuant to the provisions of this Agreement, including principal, interest, fees, costs and expenses. Each such statement shall be subject to subsequent adjustment by Lender but shall, absent manifest errors or omissions, be considered correct and deemed accepted by each Borrower and conclusively binding upon each Borrower as an account stated except to the extent that Lender receives a written notice from Borrower Borrowers of any specific exceptions of Borrower Borrowers thereto within thirty (30) days after the date such statement has been mailed by Lender. Until such time as Lender shall have rendered to Borrower Borrowers a written statement as provided above, the balance in any Borrower's ’s loan account(s) shall be presumptive evidence of the amounts due and owing to Lender by such Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Geologistics Corp)

Statements. Lender shall render to Borrower each month a statement setting forth the balance in the Borrower's ’s loan account(s) maintained by Lender for Borrower pursuant to the provisions of this Agreement, including principal, interest, fees, costs and expenses. Each such statement shall be subject to subsequent adjustment by Lender but shall, absent manifest errors or omissions, be considered correct and deemed accepted by Borrower and conclusively binding upon Borrower as an account stated except to the extent that Lender receives a written notice from Borrower of any specific exceptions of Borrower thereto within thirty (30) days after the date such statement has been mailed by Lender. Until such time as Lender shall have rendered to Borrower a written statement as provided above, the balance in Borrower's ’s loan account(s) shall be presumptive evidence of the amounts due and owing to Lender by Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Value Financial Services, Inc.)

Statements. Lender shall render to Borrower Borrowers each month a statement setting forth the balance in the Borrower's Borrowers' loan account(s) maintained by Lender for Borrower Borrowers pursuant to the provisions of this Agreement, including principal, interest, fees, costs and expenses. Each such statement shall be subject to subsequent adjustment by Lender but shall, absent manifest errors or omissions, be considered correct and deemed accepted by Borrower Borrowers and conclusively binding upon Borrower Borrowers as an account stated except to the extent that Lender receives a written notice from any Borrower of any specific exceptions of such Borrower thereto within thirty (30) days after the date such statement has been mailed by Lender. Until such time as Lender shall have rendered to Borrower Borrowers a written statement as provided above, the balance in Borrower's Borrowers' loan account(s) shall be presumptive evidence of the amounts due and owing to Lender by BorrowerBorrowers.

Appears in 1 contract

Samples: Loan and Security Agreement (Trans World Entertainment Corp)

Statements. Lender Bank shall render to Borrower each month a statement setting forth the balance in the Borrower's ’s loan account(s) maintained by Lender Bank for Borrower pursuant to the provisions of this Agreement, including principal, interest, fees, costs and expenses. Each such statement shall be subject to subsequent adjustment by Lender Bank but shall, absent manifest errors or omissions, be considered correct and deemed accepted by Borrower and conclusively binding upon Borrower as an account stated except to the extent that Lender Bank receives a written notice from Borrower of any specific exceptions of Borrower thereto within thirty (30) days after the date such statement has been mailed by LenderBank. Until such time as Lender Bank shall have rendered to Borrower a written statement as provided above, the balance in Borrower's ’s loan account(s) shall be presumptive evidence of the amounts due and owing to Lender Bank by Borrower.

Appears in 1 contract

Samples: Loan Agreement (Zoned Properties, Inc.)

Statements. Lender shall render to Borrower each month a statement ----------- setting forth the balance in the Borrower's loan account(s) maintained by Lender for Borrower pursuant to the provisions of this Agreement, including principal, interest, fees, costs and expenses. Each such statement shall be subject to subsequent adjustment by Lender but shall, absent manifest errors or omissions, be considered correct and deemed accepted by Borrower and conclusively binding upon Borrower as an account stated except to the extent that Lender receives a written notice from Borrower of any specific exceptions of Borrower thereto within thirty (30) days after the date such statement has been mailed by Lender. Until such time as Lender shall have rendered to Borrower a written statement as provided above, the balance in Borrower's loan account(s) shall be presumptive evidence of the amounts due and owing to Lender by Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Delta Apparel Inc)

Statements. Lender shall render to Borrower each month a statement setting forth the balance in the Borrower's loan account(s) maintained by Lender for Borrower pursuant to the provisions of this Agreement, including principal, interest, fees, costs and expenses. Each such statement shall be subject to subsequent adjustment by Lender but shall, absent manifest errors or omissions, be considered correct and deemed accepted by Borrower and conclusively binding upon Borrower as an account stated unless and except to the extent that Lender receives a written notice from Borrower of any specific exceptions of Borrower thereto within thirty sixty (3060) days after the date such statement has been mailed by Lender. Until such time as Lender shall have rendered to Borrower a written statement as provided above, the balance in Borrower's loan account(s) shall be presumptive evidence of the amounts due and owing to Lender by Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Quad Systems Corp /De/)

Statements. Lender shall render to Borrower each month a statement setting forth the balance in the Borrower's ’s loan account(s) maintained by Lender for Borrower pursuant to the provisions of this Agreement, including principal, interest, fees, costs and expenses. Each such statement shall be subject to subsequent adjustment by Lender but shall, absent manifest errors or omissions, be considered correct and deemed accepted by Borrower and conclusively binding upon Borrower as an account stated except to the extent that Lender receives a written notice from Borrower of any specific exceptions of Borrower thereto within thirty (30) days after the date such statement has been mailed by Lender. Until such time as Lender shall have rendered to Borrower a written statement as provided above, the balance in Borrower's ’s loan account(s) shall be presumptive (but rebuttable) evidence of the amounts due and owing to Lender by Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Inverness Medical Innovations Inc)

Statements. Lender shall render to Borrower Borrowers each month a statement ---------- setting forth the balance in the Borrower's Borrowers' loan account(s) maintained by Lender for Borrower Borrowers pursuant to the provisions of this Agreement, including principal, interest, fees, costs and expenses. Each such statement shall be subject to subsequent adjustment by Lender but shall, absent manifest errors or omissions, be considered correct and deemed accepted by Borrower Borrowers and conclusively binding upon Borrower Borrowers as an account stated except to the extent that Lender receives a written notice from Borrower Borrowers of any specific exceptions of Borrower Borrowers thereto within thirty (30) days after the date such statement has been mailed by Lender. Until such time as Lender shall have rendered to Borrower Borrowers a written statement as provided above, the balance in Borrower's Borrowers' loan account(s) shall be presumptive evidence of the amounts due and owing to Lender by BorrowerBorrowers.

Appears in 1 contract

Samples: Loan and Security Agreement (Cybex International Inc)

Statements. Lender shall render to Borrower each month a statement setting forth the balance in the Borrower's loan account(s) maintained by Lender for Borrower pursuant to the provisions of this Agreement, including principal, interest, fees, costs and expenses. Each such statement shall be subject to subsequent adjustment by Lender but shall, absent manifest errors or omissions, be considered correct and deemed accepted by Borrower and conclusively binding upon Borrower as an account stated except to the extent that Lender receives a written notice from Borrower of any specific exceptions of Borrower thereto within thirty forty five (3045) days after the date such statement has been mailed by Lender. Until such time as Lender shall have rendered to Borrower a written statement as provided above, the balance in Borrower's loan account(s) shall be presumptive evidence of the amounts due and owing to Lender by Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Bontex Inc)

Statements. Lender shall render to Borrower each month a statement setting forth the balance in the Borrower's loan account(s) maintained by Lender for Borrower pursuant to the provisions of this Agreement, including principal, interest, fees, costs and expenses. Each such statement shall be subject to subsequent adjustment by Lender but shall, absent manifest errors or omissions, be considered correct and deemed accepted by Borrower and conclusively binding upon Borrower as an account stated except to the extent that Lender receives a written notice from Borrower of any specific exceptions of Borrower thereto within thirty forty-five (3045) days after the date such statement has been mailed given by Lender. Until such time as Lender shall have rendered to Borrower a written statement as provided above, the balance in Borrower's loan account(s) shall be presumptive evidence of the amounts due and owing to Lender by Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Startec Global Communications Corp)

Statements. Lender shall render to Borrower Parent each month a statement ---------- setting forth the balance in the Borrower's Borrowers' loan account(s) maintained by Lender for Borrower Borrowers pursuant to the provisions of this Agreement, including principal, interest, fees, costs and expenses. Each such statement shall be subject to subsequent adjustment by Lender but shall, absent manifest errors or omissions, be considered correct and deemed accepted by Borrower Borrowers and conclusively binding upon Borrower Borrowers as an account stated except to the extent that Lender receives a written notice from any Borrower of any specific exceptions of Borrower Borrowers thereto within thirty (30) days after the date such statement has been mailed by Lender. Until such time as Lender shall have rendered to Borrower Borrowers a written statement as provided above, the balance in Borrower's Borrowers' loan account(s) shall be presumptive evidence of the amounts due and owing to Lender by BorrowerBorrowers.

Appears in 1 contract

Samples: Loan and Security Agreement (Ivi Checkmate Corp)

Statements. Lender shall render to Borrower Doe Run each month a statement setting forth the balance in the each Borrower's loan account(s) maintained by Lender for such Borrower pursuant to the provisions of this Agreement, including principal, interest, fees, costs and expenses. Each such statement shall be subject to subsequent adjustment by Lender but shall, absent manifest errors or omissions, be considered correct and deemed accepted by Borrower Borrowers and conclusively binding upon Borrower Borrowers as an account stated except to the extent that Lender receives a written notice from Borrower Borrowers of any specific exceptions of Borrower Borrowers thereto within thirty (30) days after the date such statement has been mailed by Lender. Until such time as Lender shall have rendered to Borrower Doe Run a written statement as provided above, the balance in such Borrower's loan account(s) shall be presumptive evidence of the amounts due and owing by such Borrower to Lender by BorrowerLender.

Appears in 1 contract

Samples: Loan and Security Agreement (Doe Run Peru Sr Ltda)

Statements. Lender shall render to Borrower Borrowers each month a statement setting forth the balance in the Borrower's Borrowers' loan account(s) account maintained by Lender for Borrower Borrowers pursuant to the provisions of this Agreement, including principal, interest, fees, costs and expenses. Each such statement shall be subject to subsequent adjustment by Lender but shall, absent manifest errors or omissions, be considered correct and deemed accepted by each Borrower and conclusively binding upon each Borrower as an account stated except to the extent that Lender receives a written notice from Borrower of any specific exceptions of Borrower Borrowers thereto within thirty (30) days after the date such statement has been mailed by Lender. Until such time as Lender shall have rendered to Borrower Borrowers a written statement as provided above, the balance in Borrower's Borrowers' loan account(s) account shall be presumptive evidence of the amounts due and owing to Lender by BorrowerBorrowers.

Appears in 1 contract

Samples: Loan and Security Agreement (Rockford Corp)

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Statements. Lender shall render to Borrower each month a statement setting forth the balance in the Borrower's loan account(s) maintained by Lender for Borrower pursuant to the provisions of this Agreement, including principal, interest, fees, costs and expenses. Each such statement shall be subject to subsequent adjustment by Lender but shall, absent manifest errors or omissions, be considered correct and deemed accepted by Borrower and conclusively binding upon Borrower as an account stated except to the extent that Lender receives a written notice from Borrower of any specific exceptions of Borrower thereto within thirty (30) days after the date such statement has been mailed by Lender. Until such time as Lender shall have rendered to Borrower a written statement as provided above, the balance in Borrower's loan account(s) shall be presumptive evidence of the amounts due and owing to Lender by Borrower.. 6.3

Appears in 1 contract

Samples: Loan and Security Agreement (Exabyte Corp /De/)

Statements. Lender shall render to Borrower Parent each month a statement setting forth the balance in the Borrower's Borrowers' loan account(s) maintained by Lender for Borrower pursuant to the provisions of this Agreement, including principal, interest, fees, costs and expenses. Each such statement shall be subject to subsequent adjustment by Lender but shall, absent manifest errors or omissions, be considered correct and deemed accepted by Borrower Borrowers and conclusively binding upon Borrower Borrowers as an account stated except to the extent that Lender receives a written notice from Borrower Borrowers of any specific exceptions of Borrower Borrowers thereto within thirty forty-five (3045) days after the date such statement has been mailed by Lender. Until such time as Lender shall have rendered to Borrower Parent a written statement as provided above, the balance in Borrower's Borrowers' loan account(s) shall be presumptive evidence of the amounts due and owing to Lender by Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Ultralife Batteries Inc)

Statements. Lender shall render to Borrower each month a statement setting forth the balance in the Borrower's loan account(s) maintained by Lender for Borrower pursuant to the provisions of this Agreement, including principal, interest, fees, costs and expenses. Each such statement shall be subject to subsequent adjustment by Lender but shall, absent manifest errors or omissions, be considered presumed correct and deemed accepted by Borrower and conclusively binding upon Borrower as an account stated except to the extent that Lender receives a written notice from Borrower of any specific exceptions of Borrower thereto within thirty (30) days after the date such statement has been mailed by Lender. Until such time as Lender shall have rendered to Borrower a written statement as provided above, the balance in Borrower's loan account(s) shall be presumptive evidence of the amounts due and owing to Lender by Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Centennial Technologies Inc)

Statements. Lender shall render to Borrower each Wyanx xxxh month a statement setting forth the balance in the Borrower's Borrowers' loan account(s) maintained by Lender for Borrower Borrowers pursuant to the provisions of this Agreement, including principal, interest, fees, costs and expenses. Each such statement shall be subject to subsequent adjustment by Lender but shall, absent manifest errors or omissions, be considered correct and deemed accepted by Borrower Borrowers and conclusively binding upon Borrower Borrowers as an account stated except to the extent that Lender receives a written notice from a Borrower of any specific exceptions of such Borrower thereto within thirty sixty (3060) days after the date such statement has been mailed by Lender. Until such time as Lender shall have rendered to Borrower a written Wyanx x xritten statement as provided above, the balance in Borrower's Borrowers' loan account(s) shall be presumptive evidence of the amounts due and owing to Lender by Borrower.. 13 19 6.3

Appears in 1 contract

Samples: Loan and Security Agreement (Wyant Corp)

Statements. Lender shall render to Lead Borrower each month a statement setting forth the balance in the Borrower's Borrowers' loan account(s) maintained by Lender for Borrower Borrowers pursuant to the provisions of this Agreement, including principal, interest, fees, costs and expenses. Each such statement shall be subject to subsequent adjustment by Lender but shall, absent manifest errors or omissions, be considered correct and deemed accepted by Borrower Borrowers and conclusively binding upon Borrower Borrowers as an account stated except to the extent that Lender receives a written notice from Lead Borrower of any specific exceptions of Borrower thereto within thirty (30) days after the date such statement has been mailed by Lender. Until such time as Lender shall have rendered to Lead Borrower a written statement as provided above, the balance in Borrower's Borrowers' loan account(s) shall be presumptive evidence of the amounts due and owing to Lender by BorrowerBorrowers.

Appears in 1 contract

Samples: Loan and Security Agreement (Raytech Corp)

Statements. Lender shall render to Borrower each month a ---------- statement setting forth the balance in the Borrower's loan account(s) maintained by Lender for Borrower pursuant to the provisions of this Agreement, including principal, interest, fees, costs and expenses. Each such statement shall be subject to subsequent adjustment by Lender but shall, absent manifest errors or omissions, be considered correct and deemed accepted by Borrower and conclusively binding upon Borrower as an account stated except to the extent that Lender receives a written notice from Borrower of any specific exceptions of Borrower thereto within thirty (30) days after the date such statement has been mailed by Lender. Until such time as Lender shall have rendered to Borrower a written statement as provided above, the balance in Borrower's loan account(s) shall be presumptive evidence of the amounts due and owing to Lender by Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Nei Webworld Inc)

Statements. Upon request, Lender shall render to Borrower each month a statement setting forth the balance in the Borrower's loan account(s) maintained by Lender for Borrower pursuant to the provisions of this Agreement, including principal, interest, fees, costs and expenses. Each such statement shall be subject to subsequent adjustment by Lender but shall, absent manifest errors or omissions, be considered correct and deemed accepted by Borrower and conclusively binding upon Borrower as an account stated except to the extent that Lender receives a written notice from Borrower of any specific exceptions of Borrower thereto within thirty (30) days after the date such statement has been mailed by Lender. Until such time as Lender shall have rendered to Borrower a written statement as provided above, the balance in Borrower's loan account(s) shall be presumptive evidence of the amounts due and owing to Lender by Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (First Aviation Services Inc)

Statements. Lender shall render to Borrower Borrowers each month a statement setting forth the balance in the Borrower's Borrowers' loan account(s) maintained by Lender for Borrower Borrowers pursuant to the provisions of this Agreement, including principal, interest, fees, costs and expenses. Each such statement shall be subject to subsequent adjustment by Lender but shall, absent manifest errors or omissions, be considered correct and deemed accepted by Borrower Borrowers and conclusively binding upon Borrower Borrowers as an account stated except to the extent that Lender receives a written notice from Borrower Borrowers of any specific exceptions of Borrower Borrowers thereto within thirty (30) days after the date such statement has been mailed by Lender. Until such time as Lender shall have rendered to Borrower Borrowers a written statement as provided above, the balance in Borrower's Borrowers' loan account(s) shall be presumptive evidence of the amounts due and owing to Lender by BorrowerBorrowers.

Appears in 1 contract

Samples: Loan and Security Agreement (United Grocers Inc /Or/)

Statements. Lender shall render to Borrower Timet each month a statement setting forth the balance in the each Borrower's loan account(s) maintained by Lender for such Borrower pursuant to the provisions of this Agreement, including principal, interest, fees, costs and expenses. Each such statement shall be subject to subsequent adjustment by Lender but shall, absent manifest errors or omissions, be considered correct and deemed accepted by Borrower Borrowers and conclusively binding upon Borrower Borrowers as an account stated except to the extent that Lender receives a written notice from Borrower Timet of any specific exceptions of Borrower Borrowers thereto within thirty (30) days after the date such statement has been mailed by Lender. Until such time as Lender shall have rendered to Borrower Timet a written statement as provided above, the balance in each Borrower's loan account(s) shall be presumptive evidence of the amounts due and owing to Lender by such Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Titanium Metals Corp)

Statements. Lender shall render to Borrower each month a statement setting forth the balance in the Borrower's loan account(s) maintained by Lender for Borrower pursuant to the provisions of this Agreement, including principal, interest, fees, costs and expenses. Each such statement shall be subject to subsequent adjustment by Lender but shall, absent manifest errors or omissions, be considered correct and deemed accepted by Borrower and conclusively binding upon Borrower as an account stated statement except to the extent that Lender receives a written notice from Borrower of any specific exceptions of Borrower thereto within thirty forty-five (3045) days after the date such statement has been mailed by Lender. Until such time as Lender shall have rendered to Borrower a written statement as provided above, the balance in Borrower's loan account(s) shall be presumptive evidence of the amounts due and owing to Lender by Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Dsi Toys Inc)

Statements. Lender shall render to Borrower each month a statement setting forth the balance in the Borrower's loan account(s) maintained by Lender for Borrower pursuant to the provisions of this Agreement, including principal, interest, fees, costs and expenses. Each such statement shall be subject to subsequent adjustment by Lender but shall, absent manifest errors or omissions, be considered correct and deemed accepted by Borrower and conclusively binding upon Borrower as an account stated except to the extent that Lender receives a written notice from Borrower of any specific exceptions of Borrower thereto within thirty sixty (3060) days after the date such statement has been mailed by Lender. Until such time as Lender shall have rendered to Borrower a written statement as provided above, the balance in Borrower's loan account(s) shall be presumptive evidence of the amounts due and owing to Lender by Borrower.

Appears in 1 contract

Samples: Loan Agreement (Stevens International Inc)

Statements. Lender shall render to Borrower each month a statement setting forth the balance in the Borrower's loan account(s) maintained by Lender for Borrower pursuant to the provisions of this Agreement, including principal, interest, fees, costs and expenses. Each such statement shall be subject to subsequent adjustment by Lender but shall, absent manifest errors or omissions, be considered correct and deemed accepted by Borrower Borrowers and conclusively binding upon Borrower as an account stated except to the extent that Lender receives a written notice from Borrower of any specific exceptions of Borrower thereto within thirty (30) days after the date such statement has been mailed by Lender. Until such time as Lender shall have rendered to Borrower a written statement as provided above, the balance in Borrower's Borrower loan account(s) shall be presumptive evidence of the amounts due and owing to Lender by Borrower.

Appears in 1 contract

Samples: Extension and Modification and Security Agreement (Nutritional Sourcing Corp)

Statements. Lender shall render to each Borrower each month a statement setting forth the balance in the such Borrower's loan account(s) maintained by Lender for such Borrower pursuant to the provisions of this Agreement, including principal, interest, fees, costs and expenses. Each such statement shall be subject to subsequent adjustment by Lender but shall, absent manifest errors or omissions, be considered correct and deemed accepted by each Borrower and conclusively binding upon each Borrower as an account stated except to the extent that Lender receives a written notice from a Borrower of any specific exceptions of such Borrower thereto within thirty (30) days after the date such statement has been mailed by Lender. Until such time as Lender shall have rendered to a Borrower a written statement as provided above, the balance in such Borrower's loan account(s) shall be presumptive evidence of the amounts due and owing to Lender by such Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Decorative Home Accents Inc)

Statements. Lender shall render to Borrower xXXxX*s each month a statement setting forth the balance in the Borrower's Borrowers' loan account(s) maintained by Lender for Borrower Borrowers pursuant to the provisions of this Agreement, including principal, interest, fees, costs and expenses. Each such statement shall be subject to subsequent adjustment by Lender but shall, absent manifest errors or omissions, be considered correct and deemed accepted by Borrower Borrowers and conclusively binding upon Borrower Borrowers as an account stated except to the extent that Lender receives a written notice from Borrower Borrowers of any specific exceptions of Borrower Borrowers thereto within thirty (30) days after the date such statement has been mailed received by LenderxXXxX*s. Until such time as Lender shall have rendered to Borrower xXXxX*s a written statement as provided above, the balance in a Borrower's loan account(s) shall be presumptive evidence of the amounts due and owing to Lender by such Borrower.

Appears in 1 contract

Samples: Credit Agreement (Delias Inc)

Statements. Lender shall render to Borrower Borrowers each month a statement setting forth the balance in the each Borrower's loan account(s) maintained by Lender for such Borrower pursuant to the provisions of this Agreement, including principal, interest, fees, costs and expenses. Each such statement shall be subject to subsequent adjustment by Lender but shall, absent manifest errors or omissions, be considered correct and deemed accepted by each Borrower and conclusively binding upon each Borrower as an account stated except to the extent that Lender receives a written notice from Borrower Borrowers of any specific exceptions of any Borrower thereto within thirty (30) days after the date such statement has been mailed by Lender. Until such time as Lender shall have rendered to Borrower Borrowers a written statement as provided above, the balance in each Borrower's loan account(s) shall be presumptive evidence of the amounts due and owing to Lender by BorrowerBorrowers.

Appears in 1 contract

Samples: Loan and Security Agreement (Deckers Outdoor Corp)

Statements. Lender shall render to Borrower each month a statement setting forth the balance in the Borrower's loan account(s) maintained by Lender for Borrower pursuant to the provisions of this Agreement, including principal, interest, fees, costs and expenses. Each such statement shall be subject to subsequent adjustment by Lender but shall, absent manifest errors or omissions, be considered correct and deemed accepted by Borrower and conclusively binding upon Borrower as an account stated except to the extent that Lender receives a written notice from Borrower of any specific exceptions of Borrower thereto within thirty (30) days after the date such statement has been mailed by Lender. Until such time as Lender shall have rendered to Borrower a written statement as provided above, the balance in Borrower's loan account(s) shall be presumptive (but rebuttable) evidence of the amounts due and owing to Lender by Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Ivc Industries Inc)

Statements. Lender shall render to Borrower Representative each month a statement setting forth the balance in the Borrower's Borrowers' loan account(s) maintained by Lender for Borrower Borrowers pursuant to the provisions of this Agreement, including principal, interest, fees, costs and expenses. Each such statement shall be subject to subsequent adjustment by Lender but shall, absent manifest errors or omissions, be considered correct and deemed accepted by Borrower Borrowers and conclusively binding upon Borrower Borrowers as an account stated except to the extent that Lender receives a written notice from Borrower Representative of any specific exceptions of Borrower Borrowers thereto within thirty (30) days after the date such statement has been mailed by Lender. Until such time as Lender shall have rendered to Borrower Representative a written statement as provided above, the balance in Borrower's Borrowers' loan account(s) shall be presumptive evidence of the amounts due and owing to Lender by BorrowerBorrowers.

Appears in 1 contract

Samples: Loan and Security Agreement (Fansteel Inc)

Statements. Lender shall render to Borrower each month a statement setting forth the balance in the Borrower's loan account(s) maintained by Lender for Borrower pursuant to the provisions of this Agreement, including principal, interest, fees, costs and expenses. Each such statement shall be subject to subsequent adjustment by Lender but shall, absent manifest errors or omissions, be considered correct and deemed accepted by Borrower and conclusively binding upon Borrower as an account stated except to the extent that Lender receives a written notice from Borrower of any specific exceptions of Borrower thereto within thirty (30) days after the date such statement has been mailed by Lender. Until such time as Lender shall have rendered to Borrower a written statement as provided above, the balance in Borrower's loan account(s) shall be presumptive evidence of the amounts due and owing to Lender by Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Findwhat Com Inc)

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