Delivery of Draw Down Notice. (i) A Draw Down Notice shall be deemed delivered on a Trading Day if it is received by facsimile or otherwise (and the Company confirms such delivery by e-mail notice or by telephone (including voicemail message)) by the Investor prior to 3:00 p.m., New York City time on such Trading Day, or (ii) in the event it is received by facsimile or otherwise subsequent to 3:00 p.m., New York City time, on a Trading Day, then it shall be deemed delivered on the immediately succeeding Trading Day. No Draw Down Notice may be delivered other than on a Trading Day during the Commitment Period.
Appears in 2 contracts
Samples: Financing Agreement (Gadzoox Networks Inc), Line Financing Agreement (Gadzoox Networks Inc)
Delivery of Draw Down Notice. (i) A Draw Down Notice shall be deemed delivered on a (i) the Trading Day if that it is received by facsimile or otherwise (and the Company confirms such delivery by e-mail notice or by telephone (including voicemail message)) by the Investor if received prior to 3:00 p.m.12:00 noon, New York City time on such Trading Day, or (ii) in the event it is received by facsimile or otherwise (and the Company confirms such delivery by e-mail notice or telephone (including voicemail message)) subsequent to 3:00 p.m.12:00 noon, New York City time, on a Trading Day, then it shall be deemed delivered on the immediately succeeding Trading Day. No Draw Down Notice may be delivered other than on a Trading Day during the Commitment Period.
Appears in 2 contracts
Samples: Equity Line Financing Agreement (Biopure Corp), Financing Agreement (Biopure Corp)
Delivery of Draw Down Notice. (i) A Draw Down Notice shall be deemed delivered on a (i) the Trading Day if that it is received by facsimile or otherwise (and the Company confirms such delivery by e-mail notice or by telephone (including voicemail message)) by the Investor if received prior to 3:00 p.m.12:00 noon, New York City time on such Trading Day, or (ii) in the event it is received by facsimile or otherwise (and the Company confirms such delivery by e-mail notice or telephone (including voicemail message)) subsequent to 3:00 p.m.12:00 noon, New York City time, on a Trading Day, then it shall be deemed delivered on the immediately succeeding Trading Day. No Draw Down Notice may be delivered other than on a Trading Day during the Commitment Period.
Appears in 1 contract
Samples: Private Equity Line Financing Agreement (Corixa Corp)
