Common use of Form of Request Clause in Contracts

Form of Request. Whenever a Borrower desires an Advance, such Borrower will notify Bank by facsimile transmission or telephone no later than 3:00 p.m. Central time (1:30 p.m. Central time for wire transfers), on the Business Day that the Advance is to be made. Each such notification shall be promptly confirmed by a Payment/Advance Form in substantially the form of Exhibit C. Bank is authorized to make Advances under this Agreement, based upon instructions received from a Responsible Officer of any one Borrower or a designee thereof, or without instructions if in Bank’s discretion such Advances are necessary to meet Obligations which have become due and remain unpaid. Bank shall be entitled to rely on any facsimile or telephonic notice given by a person who Bank reasonably believes to be a Responsible Officer of any Borrower or a designee thereof, and Borrowers shall indemnify and hold Bank harmless for any damages or loss suffered by Bank as a result of such reliance. Bank will credit the amount of Advances made under this Section 2.1(d) to any Borrower’s deposit account.

Form of Request. Whenever a Borrower desires an Advance, such Borrower will notify Bank by facsimile transmission or telephone no later than 3:00 p.m. Central time (1:30 p.m. Central time for wire transfers)10:00 a.m. California time, on the Business Day prior to the date that that the Advance is to be made. Each such notification shall be promptly confirmed by a PaymentLoan Advance/Advance Form Paydown Request form in substantially the form of Exhibit C. B hereto, and a Request for Advance in the form attached to the LIBOR Addendum to Loan and Security Agreement. Bank is authorized to make Advances under this Agreement, based upon instructions received from a Responsible Officer of any one Borrower or a designee thereofof a Responsible Officer, or without instructions if in Bank’s discretion such Advances are necessary to meet Obligations which have become due and remain unpaid. Bank shall be entitled to rely on any facsimile or telephonic notice given by a person who Bank reasonably believes to be a Responsible Officer of any Borrower or a designee thereof, and Borrowers Borrower shall indemnify and hold Bank harmless for any damages or loss suffered by Bank as a result of such reliance. Bank will credit the amount of Advances made under this Section 2.1(d2.1(b) to any Borrower’s deposit account.

Form of Request. Whenever a Borrower desires an Advance, such Borrower will notify Bank by facsimile transmission or telephone email no later than 3:00 p.m. Central Pacific time (1:30 1:00 p.m. Central Pacific time for wire transfers), on the Business Day that the Advance is to be made. Each such notification shall be promptly confirmed by a PaymentLoan Advance/Advance Paydown Request Form in substantially the form of Exhibit C. B hereto. Bank is authorized to make Advances under this Agreement, based upon instructions received from a Responsible Officer of any one Borrower or a designee thereofof a Responsible Officer, or without instructions (but with notice to Borrower) if in Bank’s discretion such Advances are necessary to meet Obligations which have become due and remain unpaid. Bank shall be entitled to rely on any facsimile or telephonic email notice given by a person who Bank reasonably believes to be a Responsible Officer of any Borrower or a designee thereof, and Borrowers Borrower shall indemnify and hold Bank harmless for any damages or loss suffered by Bank as a result of such reliance. Bank will credit the amount of Advances made under this Section 2.1(d2.1(b) to any Borrower’s deposit account.

Form of Request. Whenever a Borrower desires an Advance, such Borrower will notify Bank by facsimile transmission or telephone no later than 3:00 p.m. Central Pacific time (1:30 1:00 p.m. Central Pacific time for wire transfers), on the Business Day that the Advance is to be made. Each such notification shall be promptly confirmed by a Payment/Advance Form in substantially the form of Exhibit C. A hereto. Bank is authorized to make Advances under this Agreement, based upon instructions received from a Responsible Officer of any one Borrower or a designee thereofof a Responsible Officer, or without instructions if in Bank’s 's reasonable discretion such Advances are necessary to meet Obligations which have become due and remain unpaidunpaid (provided Bank shall provide notice of the same to Borrower). Bank shall be entitled to rely on any facsimile or telephonic notice given by a person who Bank reasonably believes to be a Responsible Officer of any Borrower or a designee thereof, and Borrowers Borrower shall indemnify and hold Bank harmless for any damages or loss suffered by Bank as a result of such reliance, except for damages or losses caused by Bank's gross negligence and willful misconduct. Bank will credit the amount of Advances made under this Section 2.1(d2.1(b) to any Borrower’s 's deposit account.

Form of Request. Whenever Borrowers desire a Borrower desires an Non-Formula Advance, such Borrower Borrowers will notify Bank by facsimile transmission or telephone no later than 3:00 p.m. Central Pacific time (1:30 12:00 p.m. Central Pacific time for wire transfers), on the Business Day that the Non-Formula Advance is to be made. Each such notification shall be promptly confirmed by a Payment/Advance Form in substantially the form of Exhibit C. Bank is authorized to make Non-Formula Advances under this Agreement, based upon instructions received from a Responsible Officer of any one Borrower or a designee thereofof a Responsible Officer, or without instructions if in Bank’s discretion such Non-Formula Advances are necessary to meet Obligations which have become due and remain unpaid. Bank shall be entitled to rely on any facsimile or telephonic notice given by a person who Bank reasonably believes to be a Responsible Officer of any Borrower or a designee thereof, and Borrowers shall indemnify and hold Bank harmless for any damages or loss suffered by Bank as a result of such reliance. Bank will credit the amount of Non-Formula Advances made under this Section 2.1(d2.1(c) to any Borrower’s Borrowers’ deposit account.”

Form of Request. Whenever a Borrower desires an Advance, such Borrower will notify Bank by facsimile transmission or telephone email no later than 3:00 p.m. Central Pacific time (1:30 p.m. Central Pacific time for wire transfers), on the Business Day that the Advance is to be made. Each such notification shall be promptly confirmed by a PaymentLoan Advance/Advance Paydown Request Form in substantially the form of Exhibit C. B hereto. Bank is authorized to make Advances under this Agreement, based upon instructions received from a Responsible Officer of any one Borrower or a designee thereofof a Responsible Officer, or without instructions (but with notice to Borrower) if in Bank’s discretion such Advances are necessary to meet Obligations which have become due and remain unpaid. Bank shall be entitled to rely on any facsimile or telephonic email notice given by a person who Bank reasonably believes to be a Responsible Officer of any Borrower or a designee thereof, and Borrowers Borrower shall indemnify and hold Bank harmless for any damages or loss suffered by Bank as a result of such reliance. Bank will credit the amount of Advances made under this Section 2.1(d2.1(b) to any Borrower’s deposit account.

Form of Request. Whenever a Borrower desires an AdvanceAdvance under the Revolving Domestic Line, such Borrower will notify Bank by facsimile transmission or telephone no later than 3:00 p.m. Central Pacific time (1:30 1:00 p.m. Central Pacific time for wire transfers), on the Business Day that the Advance is to be made. Each such notification shall be promptly confirmed by a Payment/Advance Form in substantially the form of Exhibit C. Bank is authorized to make Advances under this Agreement, based upon instructions received from a Responsible Officer of any one Borrower or a designee thereofof a Responsible Officer, or without instructions if in Bank’s discretion such Advances are necessary to meet Obligations which have become due and remain unpaid. Bank shall be entitled to rely on any facsimile or telephonic notice given by a person who Bank reasonably believes to be a Responsible Officer of any Borrower or a designee thereof, and Borrowers shall indemnify and hold Bank harmless for any damages or loss suffered by Bank as a result of such reliance. Bank will credit the amount of Advances made under this Section 2.1(d2.1(b) to any such Borrower’s deposit accountaccount maintained at Bank.