Common use of Advance Procedure Clause in Contracts

Advance Procedure. With respect to each advance and all matters and transactions in connection therewith, Borrower hereby irrevocably authorizes Bank to accept, rely upon, act upon and comply with any oral or written instructions, requests, confirmations and orders of any employee or representative of Borrower who is so authorized or designated as a signer of Loan documents under the provisions of Borrower’s most recent Banking and Borrowing Resolutions or similar document on file with Bank. Borrower acknowledges that the transmission between Borrower and Bank of any such instructions, requests, confirmations and orders involves the possibility of errors, omissions, mistakes and discrepancies and agrees to adopt such internal measures and operational procedures as may be necessary to protect its interest. By reason thereof, Borrower hereby assumes all risk of loss and responsibility for, releases and discharges Bank from any and all responsibility or liability for, and agrees to indemnify, reimburse on demand and hold Bank harmless from, any and all claims, actions, damages, losses, liability and expenses by reason of, arising out of, or in any way connected with or related to: (i) Bank’s accepting, relying and acting upon, complying with or observing any such instruction, request, confirmation or order; and (ii) any such error, omission, mistake, or discrepancy, provided such error, omission, mistake or discrepancy is not the result of negligence on the part of Bank.

Appears in 2 contracts

Samples: Loan and Security Agreement (Halifax Corp), Loan and Security Agreement (Halifax Corp)

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Advance Procedure. With respect to each advance and all matters and transactions in connection therewith, Borrower hereby irrevocably authorizes Bank to accept, rely upon, act upon and comply with any oral or written instructions, requests, confirmations and orders of any employee or representative of Borrower who is so authorized or designated as a signer of Loan documents under the provisions of Borrower’s most recent Banking and Borrowing Resolutions or similar document on file with Bank. Borrower acknowledges that the transmission between Borrower and Bank of any such instructions, requests, confirmations and orders involves the possibility of errors, omissions, mistakes and discrepancies and agrees to adopt such internal measures and operational procedures as may be necessary to protect its interest. By reason thereof, Borrower hereby assumes all risk of loss and responsibility for, releases and discharges Bank from any and all responsibility or liability for, and agrees to indemnify, reimburse on demand and hold Bank harmless from, any and all claims, actions, damages, losses, liability and expenses by reason of, arising out of, or in any way connected with or related to: (i) Bank’s accepting, relying and acting upon, complying with or observing any such instruction, request, confirmation or order; and (ii) any such error, omission, mistake, or discrepancy, provided such error, omission, mistake or discrepancy is not the result of negligence on the part of Bank. Borrower may request an advance under the Auxiliary Revolver Facility only if such request is accompanied with documents, acceptable to the Bank in its sole discretion, supporting the request and indicating that the proceeds of such advance will be used only for a Permitted Auxiliary Use.

Appears in 2 contracts

Samples: Loan and Security Agreement (Halifax Corp), Loan and Security Agreement (Halifax Corp)

Advance Procedure. With respect to each advance and all matters and transactions in connection therewith, Borrower Bxxxxxxx hereby irrevocably authorizes Bank the Lender to accept, rely upon, act upon and comply with any oral or written instructions, requests, confirmations confirmation and orders of any employee or representative of Borrower who is so authorized or designated as a signer of Loan loan documents under the provisions of BorrowerBxxxxxxx’s most recent Banking and Borrowing Resolutions resolutions or similar document documents on file with Bankthe Lender. Borrower Bxxxxxxx acknowledges that the transmission between Borrower Bxxxxxxx and Bank the Lender of any such instructions, requests, confirmations and orders involves the possibility of errors, omissions, mistakes and discrepancies and agrees to adopt such internal measures and operational procedures as may be necessary to protect its interestinterests. By reason thereof, Borrower Bxxxxxxx hereby assumes all risk of loss and responsibility for, and releases and discharges Bank the Lender from any and all responsibility or liability for, and agrees to indemnify, reimburse on demand and hold Bank the Lender harmless from, any and all claims, actions, damages, losses, liability and expenses by reason of, arising out of, or in any way connected with or related to: (i) Bankthe Lender’s accepting, relying and acting upon, complying with or observing any such instruction, request, confirmation or order; and or (ii) any such error, omission, mistake, or discrepancy, provided such error, omission, mistake or discrepancy is not caused by the result of Lender’s gross negligence on the part of Bankor willful misconduct.

Appears in 1 contract

Samples: Warrant Agreement (Syntec Optics Holdings, Inc.)

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Advance Procedure. With respect to each advance and all matters and transactions in connection therewith, Borrower hereby irrevocably authorizes Bank to accept, rely upon, act upon and comply with any oral or written instructions, requests, confirmations confirmation and orders of any employee or representative of Borrower who is so authorized or designated as a signer of Loan loan documents under the provisions of Borrower’s 's most recent Banking and Borrowing Resolutions resolutions or similar document documents on file with Bank. Borrower acknowledges that the transmission between Borrower and Bank of any such instructions, requests, confirmations and orders involves the possibility of or errors, omissions, mistakes and discrepancies and agrees to adopt such internal measures and operational procedures as may be necessary to protect its interestinterests. By reason thereof, Borrower hereby assumes all risk of loss and responsibility for, releases and discharges Bank from any and all responsibility or liability for, and agrees to indemnify, reimburse on demand and hold Bank harmless from, any and all claims, actions, damages, losses, liability and expenses by reason of, arising out of, or in any way connected with or related to: (i) Bank’s Banks accepting, relying and acting upon, complying with or observing any such instruction, request, confirmation or order; and : or (ii) any such error, omission, mistake, or discrepancy, provided such error, omission, mistake or discrepancy is not the result of negligence on the part of Bank.

Appears in 1 contract

Samples: Equipment Line Credit Agreement (Sono Tek Corp)

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