Common use of Borrowing Mechanics for Term Loans Clause in Contracts

Borrowing Mechanics for Term Loans. (i) Company shall deliver to Administrative Agent a fully executed Funding Notice no later than three (3) Business Days prior to the Closing Date with respect to Term Loans made on the Closing Date. Promptly upon receipt by Administrative Agent of such Funding Notice, Administrative Agent shall notify each Lender of the proposed borrowing. Administrative Agent and Lenders may act without liability upon the basis of written, telecopied or telephonic notice believed by Administrative Agent in good faith to be from Company (or from any Authorized Officer thereof designated in writing purportedly from Company to Administrative Agent). Administrative Agent and each Lender shall be entitled to rely conclusively on any Authorized Officer’s authority to request a Term Loan on behalf of Company until Administrative Agent receives written notice to the contrary. Administrative Agent and Lenders shall have no duty to verify the authenticity of the signature appearing on any written Funding Notice.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (U S Energy Systems Inc)

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Borrowing Mechanics for Term Loans. (i) Company The Applicable Borrower shall deliver to Administrative Agent a fully executed Funding Notice no later than three 11 a.m. (3New York time) Business Days prior to the Closing Date with respect to Term Loans made on the Closing Date. Promptly upon receipt by Administrative Agent of such Funding Notice, Administrative Agent shall notify each Lender of the proposed borrowing. Administrative Agent and Lenders may act without liability upon the basis of written, telecopied or telephonic notice believed by Administrative Agent in good faith to be from Company the Applicable Borrower (or from any Authorized Officer thereof designated in writing purportedly from Company the Applicable Borrower to Administrative Agent). Administrative Agent and each Lender shall be entitled to rely conclusively on any Authorized Officer’s authority to request a Term Loan on behalf of Company the Applicable Borrower until Administrative Agent receives written notice to the contrary. Administrative Agent and Lenders shall have no duty to verify the authenticity of the signature appearing on any written Funding Notice.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Syntax-Brillian Corp)

Borrowing Mechanics for Term Loans. (i) Company The Borrower Representative with respect to each Term Loan shall deliver to Administrative Agent a fully executed Funding Notice no later than three (3) Business Days prior to the Closing Date with respect to Term Loans made on the Closing Date. Promptly upon receipt by Administrative Agent of such Funding Notice, Administrative Agent shall notify each Lender of the proposed borrowing. Administrative Agent and Lenders may act without liability upon the basis of written, written or telecopied or telephonic notice believed by Administrative Agent in good faith to be from Company the Borrower Representative (or from any Authorized Officer thereof designated in writing purportedly from Company the Borrower Representative to Administrative Agent). Administrative Agent and each Lender shall be entitled to rely conclusively on any Authorized Officer’s authority to request a Term Loan on behalf of Company the Borrowers until Administrative Agent receives written notice to the contrary. Administrative Agent and Lenders shall have no duty to verify the authenticity of the signature appearing on any written Funding Notice.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Handleman Co /Mi/)

Borrowing Mechanics for Term Loans. (i) Company Borrower shall deliver to Administrative Agent a fully executed Funding Notice no later than three (3) Business Days prior to the Closing Date with respect to Term Loans made on the Closing Date. Promptly upon receipt by Administrative Agent of such Funding Notice, Administrative Agent shall notify each Lender with a Tranche A Term Loan Commitment of the proposed borrowing. Administrative Agent and Lenders may act without liability upon the basis of written, telecopied or telephonic notice believed by Administrative Agent in good faith to be from Company the Borrower (or from any Authorized Officer thereof designated in writing purportedly from Company the Borrower to Administrative Agent). Administrative Agent and each Lender shall be entitled to rely conclusively on any Authorized Officer’s authority to request a Tranche A Term Loan on behalf of Company the Borrower until Administrative Agent receives written notice to the contrary. Administrative Agent and Lenders shall have no duty to verify the authenticity of the signature appearing on any written Funding Notice.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Proliance International, Inc.)

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Borrowing Mechanics for Term Loans. (i) Company shall deliver to Administrative Agent a fully executed Funding Notice no later than three (3) Business Days prior to the Closing Date [*] permitted by Administrative Agent), with respect to Term Loans made on the Closing Initial Funding Date. Promptly Following the Initial Funding Date (and subject to the conditions set forth in Section 3.2), during the Delayed Draw Commitment Period, Company shall deliver to Administrative Agent a fully executed Funding Notice [*] permitted by the Administrative Agent. [*] upon receipt by Administrative Agent of any such Funding Notice, Administrative Agent shall notify each Lender of the proposed borrowing. Administrative Agent and Lenders (A) may act without liability upon the basis of written, telecopied written or telephonic facsimile notice believed by Administrative Agent in good faith to be from Company (or from any Authorized Officer thereof designated in writing purportedly from Company to Administrative Agent). Administrative Agent and each Lender , (B) shall be entitled to rely conclusively on any Authorized Officer’s authority to request a Term Loan on behalf of Company until Administrative Agent receives written notice to the contrary. Administrative Agent , and Lenders (C) shall have no duty to verify the authenticity of the signature appearing on any written Funding Notice.

Appears in 1 contract

Samples: Financing Agreement (Fibrogen Inc)

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