Common use of Designated Account Clause in Contracts

Designated Account. Agent is authorized to make the Advances, and Issuing Lender is authorized to issue the Letters of Credit, under this Agreement based upon telephonic or other instructions received from anyone purporting to be an Authorized Person or, without instructions, if pursuant to Section 2.6(d). Administrative Borrower agrees to establish and maintain the Designated Account with the Designated Account Bank for the purpose of receiving the proceeds of the Advances requested by Borrowers and made by Agent or the Lenders hereunder. Unless otherwise agreed by Agent and Administrative Borrower, any Advance, Protective Advance, or Swing Loan requested by Borrowers and made by Agent or the Lenders hereunder shall be made to the Designated Account.

Appears in 15 contracts

Samples: Credit Agreement (Plato Learning Inc), Credit Agreement (Bookham, Inc.), Credit Agreement (Oasis Interval Ownership, LLC)

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Designated Account. Agent is authorized to make the Advances, and Issuing Lender is authorized to issue the Letters of Credit, under this Agreement based upon telephonic or other instructions received from anyone purporting to be an Authorized Person orPerson, or without instructions, instructions if pursuant to Section 2.6(d). Administrative Borrower agrees to establish and maintain the Designated Account with the Designated Account Bank for the purpose of receiving the proceeds of the Advances requested by Borrowers and made by Agent or the Lenders hereunder. Unless otherwise agreed by Agent and Administrative Borrower, any Advance, Protective Agent Advance, or Swing Loan requested by Borrowers and made by Agent or the Lenders hereunder shall be made to the Designated Account.

Appears in 13 contracts

Samples: Loan and Security Agreement (Majestic Holdco, LLC), Loan and Security Agreement (Telos Corp), Loan and Security Agreement (SMART Modular Technologies (DE), Inc.)

Designated Account. Agent is authorized to make the AdvancesAdvances and the Term Loan, and Issuing Lender is authorized to issue the Letters of Credit, under this Agreement based upon telephonic or other instructions received from anyone purporting to be an Authorized Person or, without instructions, if pursuant to Section 2.6(d). Administrative Borrower agrees to establish and maintain the Designated Account with the Designated Account Bank for the purpose of receiving the proceeds of the Advances requested by Borrowers Borrower and made by Agent or the Lenders hereunder. Unless otherwise agreed by Agent and Administrative Borrower, any Advance, Protective Advance, or Swing Loan requested by Borrowers Borrower and made by Agent or the Lenders hereunder shall be made to the Designated Account.

Appears in 7 contracts

Samples: Credit Agreement (Servicesource International LLC), Credit Agreement (Sumtotal Systems Inc), Credit Agreement (Omniture, Inc.)

Designated Account. Agent is authorized to make the AdvancesAdvances and the Term Loan, and Issuing Lender is authorized to issue the Letters of Credit, under this Agreement based upon telephonic or other instructions received from anyone purporting to be an Authorized Person orPerson, or without instructions, instructions if pursuant to Section 2.6(d). Administrative Borrower agrees to establish and maintain the Designated Account with the Designated Account Bank for the purpose of receiving the proceeds of the Advances requested by Borrowers Borrower and made by Agent or the Lenders hereunder. Unless otherwise agreed by Agent and Administrative Borrower, any Advance, Protective Agent Advance, or Swing Loan requested by Borrowers Borrower and made by Agent or the Lenders hereunder shall be made to the Designated Account.

Appears in 4 contracts

Samples: Loan and Security Agreement (BGF Industries Inc), Loan and Security Agreement (Communications & Power Industries Inc), Loan and Security Agreement (Northland Cranberries Inc /Wi/)

Designated Account. Agent is authorized to make the AdvancesRevolving Loans, and Issuing Lender Bank is authorized to issue the Letters of Credit, under this Agreement based upon telephonic or other instructions received from anyone purporting to be an Authorized Person or, without instructions, if pursuant to Section 2.6(d). Administrative Borrower agrees Borrowers agree to establish and maintain the Designated Account with the Designated Account Bank for the purpose of receiving the proceeds of the Advances Revolving Loans requested by Borrowers Xxxxxxxxx and made by Agent or the Lenders hereunder. Unless otherwise agreed by Agent and Administrative Borrower, any Advance, Protective Advance, Revolving Loan or Swing Loan requested by Borrowers Xxxxxxxxx and made by Agent or the Lenders hereunder shall be made to the Designated Account.

Appears in 3 contracts

Samples: Based Revolving Credit Agreement (Par Pacific Holdings, Inc.), Based Revolving Credit Agreement (Par Pacific Holdings, Inc.), Credit Agreement (Par Pacific Holdings, Inc.)

Designated Account. Administrative Agent is authorized to make the AdvancesRevolving Loans, and Issuing Lender Bank is authorized to issue the Letters of Credit, under this Agreement based upon telephonic or other instructions received from anyone purporting to be an Authorized Person or, without instructions, if pursuant to Section 2.6(d). Administrative Borrower agrees Borrowers agree to establish and maintain the Designated Account with the Designated Account Bank for the purpose of receiving the proceeds of the Advances Revolving Loans requested by Borrowers and made by Administrative Agent or the Lenders hereunder. Unless otherwise agreed by Administrative Agent and Administrative BorrowerBorrowers, any Advance, Protective Advance, Revolving Loan or Swing Loan requested by Borrowers and made by Administrative Agent or the Lenders hereunder shall be made to the Designated Account.

Appears in 3 contracts

Samples: Credit Agreement (Anixter International Inc), Abl Credit Agreement (Cross Country Healthcare Inc), Credit Agreement (Anixter International Inc)

Designated Account. Agent is authorized to make the AdvancesAdvances and the Term Loan, and Issuing Lender is authorized to issue the Letters of Credit, under this Agreement based upon telephonic or other instructions received from anyone purporting believed by Agent in good faith to be an Authorized Person or, without instructions, if pursuant to Section 2.6(d). Administrative Borrower agrees to establish and maintain the Designated Account with the Designated Account Bank for the purpose of receiving the proceeds of the Advances requested by Borrowers Borrower and made by Agent or the Lenders hereunder. Unless otherwise agreed by Agent and Administrative Borrower, any Advance, Protective Advance, or Swing Loan requested by Borrowers Borrower and made by Agent or the Lenders hereunder shall be made to the Designated Account.

Appears in 3 contracts

Samples: Credit Agreement (Landrys Restaurants Inc), Credit Agreement (Landrys Restaurants Inc), Credit Agreement (Landrys Restaurants Inc)

Designated Account. Agent is authorized to make the AdvancesAdvances and the Term Loan, and Issuing Lender is authorized to issue the Letters of Credit, under this Agreement based upon telephonic or other instructions received from anyone purporting to be an Authorized Person or, without instructions, if pursuant to Section 2.6(d). Administrative Borrower agrees to establish and maintain the Designated Account with the Designated Account Bank for the purpose of receiving the proceeds of the Advances requested by Borrowers and made by Agent or the Lenders hereunder. Unless otherwise agreed by Agent and Administrative Borrower, any Advance, Protective Advance, or Swing Loan requested by Borrowers and made by Agent or the Lenders hereunder shall be made to the Designated Account.

Appears in 3 contracts

Samples: Credit Agreement (Princeton Review Inc), Credit Agreement (Youbet Com Inc), Credit Agreement (SoftBrands, Inc.)

Designated Account. Agent is authorized to make the AdvancesAdvances and the Term Loans, and Issuing Lender is authorized to issue the Letters of Credit, under this Agreement based upon telephonic or other instructions received from anyone purporting to be an Authorized Person or, without instructions, if pursuant to Section 2.6(d). Administrative Borrower agrees to establish and maintain the Designated Account with the Designated Account Bank for the purpose of receiving the proceeds of the Advances requested by Borrowers and made by Agent or the Lenders hereunder. Unless otherwise agreed by Agent and Administrative Borrower, any Advance, Protective Advance, or Swing Loan requested by Borrowers and made by Agent or the Lenders hereunder shall be made to the Designated Account.

Appears in 2 contracts

Samples: Credit Agreement (Buca Inc /Mn), Credit Agreement (Orion Healthcorp Inc)

Designated Account. Agent is authorized to make the AdvancesAdvances and the Term Loan, and Issuing Lender is authorized to issue the Letters of Credit, under this Agreement based upon telephonic or other instructions received from anyone purporting to be an Authorized Person or, without instructions, if pursuant to Section 2.6(d). Administrative Borrower agrees to establish and maintain the Designated Account with the Designated Account Bank for the purpose of receiving the proceeds of the Advances requested by Borrowers Borrower and made by Agent or the Lenders hereunder. Unless otherwise agreed specified in writing by Agent and Administrative Borrower, any Advance, Protective Advance, or Swing Loan requested by Borrowers Borrower and made by Agent or the Lenders hereunder shall be made to the Designated Account.

Appears in 2 contracts

Samples: Credit Agreement (Hawaiian Holdings Inc), Credit Agreement (Hawaiian Holdings Inc)

Designated Account. Agent is authorized to make the AdvancesAdvances and the Term Loan, and Issuing Lender is authorized to issue the Letters of Credit, under this Agreement based upon telephonic or other instructions received from anyone purporting to be an Authorized Person or, without instructions, if pursuant to Section 2.6(d). Administrative Borrower agrees to establish and maintain the Designated Account with the Designated Account Bank for the purpose of receiving the proceeds of the Advances requested by Borrowers Borrower and made by Agent or the Lenders hereunder. Unless otherwise agreed by Agent and Administrative Borrower, any Advance, Protective Agent Advance, or Swing Loan requested by Borrowers Borrower and made by Agent or the Lenders hereunder shall be made to the Designated Account.

Appears in 2 contracts

Samples: Loan and Security Agreement (MSC Software Corp), Loan and Security Agreement (GXS Corp)

Designated Account. Agent is authorized to make the Advances, and Issuing Lender is authorized to issue the Letters of Credit, under this Agreement based upon telephonic or other instructions received from anyone purporting to be an Authorized Person orPerson, or without instructions, instructions if pursuant to Section 2.6(d). Administrative Each Borrower agrees to establish and maintain the its Designated Account with the applicable Designated Account Bank for the purpose of receiving the proceeds of the Advances requested by Borrowers such Borrower and made by Agent or the Lenders hereunder. Unless otherwise agreed by Agent and Administrative the applicable Borrower, any Advance, Protective Agent Advance, or Swing Loan requested by Borrowers such Borrower and made by Agent or the Lenders hereunder shall be made to the applicable Borrower's Designated Account.

Appears in 2 contracts

Samples: And Consolidated Loan and Security Agreement (Big Dog Holdings Inc), Loan and Security Agreement (Big Dog Holdings Inc)

Designated Account. Agent is authorized to make the Advances, Advances and Issuing Lender is authorized to issue the Letters of Credit, under this Agreement based upon telephonic or other instructions received from anyone purporting to be an Authorized Person or, without instructions, if pursuant to Section 2.6(d). Administrative Borrower agrees to establish and maintain the Designated Account with the Designated Account Bank for the purpose of receiving the proceeds of the Advances requested by Borrowers and made by Agent or the Lenders hereunder. Unless otherwise agreed by Agent and Administrative Borrower, any Advance, Protective Advance, or Swing Loan requested by Borrowers Administrative Borrower and made by Agent or the Lenders hereunder shall be made to the Designated Account.

Appears in 1 contract

Samples: Credit Agreement (Medquist Inc)

Designated Account. Agent is authorized to make the Advances, and Issuing Lender is authorized to issue the Letters of Credit, under this Agreement based upon telephonic or other instructions received from anyone purporting to be an Authorized Person orPerson, or without instructions, instructions if pursuant to Section 2.6(d2.7(d). Administrative Borrower agrees to establish and maintain the Designated Account with the Designated Account Bank for the purpose of receiving the proceeds of the Advances requested by Borrowers and made by Agent or the Lenders hereunder. Unless otherwise agreed by Agent and Administrative Borrower, any Advance, Protective Agent Advance, or Swing Loan requested by Borrowers and made by Agent or the Revolving Credit Lenders hereunder shall be made to the Designated Account.

Appears in 1 contract

Samples: Loan and Security Agreement (Ultimate Electronics Inc)

Designated Account. Agent is authorized to make the Advances, and Issuing Lender is authorized to issue the Letters of Credit, under this Agreement based upon telephonic or other instructions received from anyone purporting to be an Authorized Person orPerson, or without instructions, instructions if pursuant to Section 2.6(dsubsection 2.5(d). Administrative Borrower agrees to establish and maintain the Designated Account with the Designated Account Bank for the purpose of receiving the proceeds of the Advances requested by Borrowers and made by Agent or the Lenders hereunder. Unless otherwise agreed by Agent and Administrative Borrower, any Advance, Protective Agent Advance, or Swing Loan requested by Borrowers and made by Agent or the Lenders hereunder shall be made to the Designated Account.

Appears in 1 contract

Samples: Loan and Security Agreement (Ultimate Electronics Inc)

Designated Account. Agent is authorized to make the Advances, and Issuing Lender Xxxxxxx Xxxxxx is authorized to issue the Letters of Credit, under this Agreement based upon telephonic or other instructions received from anyone purporting to be (and reasonably and in good faith believed by Agent to be) an Authorized Person or, without instructions, if pursuant to Section 2.6(d). Administrative Borrower agrees Xxxxxxxxx agree to establish and maintain the Designated Account with the Designated Account Bank for the purpose of receiving the proceeds of the Advances requested by Borrowers Xxxxxxxxx and made by Agent or the Lenders hereunder. Unless otherwise agreed by Agent and Administrative BorrowerBorrowers, any Advance, Protective Advance, Advance or Swing Loan requested by Borrowers Xxxxxxxxx and made by Agent or the Lenders hereunder shall be made to the Designated Account.

Appears in 1 contract

Samples: Credit Agreement (WABASH NATIONAL Corp)

Designated Account. Agent is authorized to make the Advances, and Issuing Lender is authorized to issue the Letters of Credit, under this Agreement based upon telephonic or other instructions received from anyone purporting to be an Authorized Person or, without instructions, if pursuant to Section 2.6(d). Administrative Borrower agrees The Applicable Borrowers agree to establish and maintain the applicable Designated Account with the applicable Designated Account Bank for the purpose of receiving the proceeds of Advances in the Advances currency requested by the Applicable Borrowers and made by Agent or the Lenders hereunder. Unless otherwise agreed by Agent and Administrative BorrowerBorrowers, any Advance, Protective Advance, Advance or Swing Loan requested by the Applicable Borrowers and made by Agent or the Lenders hereunder shall be made to the applicable Designated Account.

Appears in 1 contract

Samples: Credit Agreement (Pregis Holding II CORP)

Designated Account. Each Agent is authorized to make the Advances, and each Issuing Lender is authorized to issue the Letters of Credit, under this Agreement based upon telephonic or other instructions received from anyone purporting to be an Authorized Person or, without instructions, if pursuant to Section 2.6(d). Administrative Each Borrower agrees to establish and maintain the its applicable Designated Account with the applicable Designated Account Bank for the purpose of receiving the proceeds of the Advances requested by Borrowers such Borrower and made by the applicable Agent or the Lenders hereunder. Unless otherwise agreed by an Agent and Administrative the applicable Borrower, any Advance, Protective AdvanceAdvances, or Swing Loan requested by Borrowers such Borrower and made by an Agent or the Lenders hereunder shall be made to the applicable Designated Account.

Appears in 1 contract

Samples: Senior Revolving Credit Agreement (Bumble Bee Capital Corp.)

Designated Account. Agent is authorized to make the AdvancesAdvances and the Term Loans, and Issuing Lender is authorized to issue the Letters of Credit, under this Agreement based upon telephonic or other instructions received from anyone purporting to be an Authorized Person orPerson, or without instructions, instructions if pursuant to Section 2.6(d). Administrative Borrower agrees to establish and maintain the Designated Account with the Designated Account Bank for the purpose of receiving the proceeds of the Advances requested by Borrowers Borrower and made by Agent or the Lenders hereunder. Unless otherwise agreed by Agent and Administrative Borrower, any Advance, Protective Advance or Agent Advance, or Swing Loan requested by Borrowers Borrower and made by Agent or the Lenders hereunder shall be made to the Designated Account.

Appears in 1 contract

Samples: Loan and Security Agreement and Guaranty (Archibald Candy Corp)

Designated Account. Agent is authorized to make the Advances, and Issuing Lender is authorized to issue the Letters of Credit, under this Agreement based upon telephonic or other instructions received from anyone purporting to be an Authorized Person or, without instructions, if pursuant to Section 2.6(d2.5(d). Administrative Borrower agrees to establish and maintain the Designated Account with the Designated Account Bank for the purpose of receiving the proceeds of the Advances requested by Borrowers and made by Agent or the Lenders hereunder. Unless otherwise agreed by Agent and Administrative Borrower, any Advance, Protective Advance, or Swing Loan requested by Borrowers and made by Agent or the Lenders hereunder shall be made to the Designated Account.. ATI-2336232v16 11

Appears in 1 contract

Samples: Credit Agreement (Securus Technologies, Inc.)

Designated Account. Agent is authorized to make the Advances, and the Term Loan, and Issuing Lender is authorized to issue the Letters of Credit, under this Agreement based upon telephonic or other instructions received from anyone purporting to be an Authorized Person orPerson, or without instructions, instructions if pursuant to Section 2.6(d). Administrative Borrower agrees to establish and maintain the Designated Account with the Designated Account Bank for the purpose of receiving the proceeds of the Advances requested by Borrowers Borrower and made by Agent or the Lenders hereunder. Unless otherwise agreed by Agent and Administrative Borrower, any Advance, Protective Agent Advance, or Swing Loan requested by Borrowers Borrower and made by Agent or the Lenders hereunder shall be made to the Designated Account.

Appears in 1 contract

Samples: Credit Agreement (ECA Marcellus Trust I)

Designated Account. Agent is authorized to make the Advances, and Issuing Lender is authorized to issue the Letters of Credit, under this Agreement based upon telephonic or other instructions received from anyone purporting to be an Authorized Person or, without instructions, if pursuant to Section 2.6(d). Administrative Borrower agrees to establish and maintain the Designated Account with the Designated Account Bank for the purpose of receiving the proceeds of the Advances requested by Borrowers and made by Agent or the Lenders hereunder. Unless otherwise agreed by Agent and Administrative Borrower, any Advance, Protective Advance, or Swing Loan requested by Borrowers Administrative Borrower and made by Agent or the Lenders hereunder shall be made to the Designated Account.

Appears in 1 contract

Samples: Credit Agreement (Angiotech Pharmaceuticals Inc)

Designated Account. Agent is authorized to make the Advances, Advances and Issuing Lender is authorized to issue the Letters of Credit and LC Facility Letters of Credit, under this Agreement based upon telephonic or other instructions received from anyone purporting to be an Authorized Person or, without instructions, if pursuant to Section 2.6(d). Administrative Borrower agrees to establish and maintain the Designated Account with the Designated Account Bank for the purpose of receiving the proceeds of the Advances requested by Borrowers and made by Agent or the Lenders hereunder. Unless otherwise agreed by Agent and Administrative Borrower, any Advance, Protective Advance, or Swing Loan requested by Borrowers and made by Agent or the Lenders hereunder shall be made to the Designated Account.

Appears in 1 contract

Samples: Credit Agreement (Portrait Corp of America, Inc.)

Designated Account. Agent is authorized to make the Revolver Advances, and Issuing Lender is authorized to issue the Letters of Credit, under this Agreement based upon telephonic or other instructions received from anyone purporting to be an Authorized Person or, without instructions, if pursuant to Section 2.6(d). Administrative Each Borrower agrees to establish and maintain the applicable Designated Account with the applicable Designated Account Bank for the purpose of receiving the proceeds of the Advances requested by Borrowers such Borrower and made by Agent or the Lenders hereunder. Unless otherwise provided for hereunder or agreed by Agent and Administrative BorrowerBorrowers, any Advance, Protective Advance, Advance or Swing Swingline Loan requested by Borrowers a Borrower and made by Agent or the Lenders hereunder shall be made to the applicable Designated Account.

Appears in 1 contract

Samples: Assignment and Acceptance Agreement (Exide Technologies)

Designated Account. Agent is authorized to make the AdvancesAdvances and the Term Loans, and Issuing Lender is authorized to issue the Letters of Credit, under this Agreement based upon telephonic or other instructions received from anyone purporting to be an Authorized Person orPerson, or without instructions, instructions if pursuant to Section 2.6(d). Administrative Borrower agrees to establish and maintain the Designated Account with the Designated Account Bank for the purpose of receiving the proceeds of the Advances requested by Borrowers and made by Agent or the Lenders hereunder. Unless otherwise agreed by Agent and Administrative Borrower, any Advance, Protective Agent Advance, or Swing Loan requested by Borrowers and made by Agent or the Lenders hereunder shall be made to the Designated Account.

Appears in 1 contract

Samples: Loan and Security Agreement (GNLV Corp)

Designated Account. Agent is authorized to make the Advances, and Issuing Lender is authorized to issue the Letters of Credit, under this Agreement based upon telephonic or other instructions received from anyone purporting to be an Authorized Person or, without instructions, if pursuant to Section 2.6(d2.7(d). Administrative Borrower agrees to establish and maintain the Designated Account with the Designated Account Bank for the purpose of receiving the proceeds of the Advances requested by Borrowers Borrower and made by Agent or the Revolver Lenders hereunder. Unless otherwise agreed by Agent and Administrative Borrower, any Advance, Protective Agent Advance, or Swing Loan requested by Borrowers Borrower and made by Agent or the Revolver Lenders hereunder shall be made to the Designated Account.

Appears in 1 contract

Samples: Loan, Guaranty and Security Agreement (Gordmans Stores, Inc.)

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Designated Account. Agent is authorized to make the Advances, and Issuing Lender is authorized to issue the Letters of Credit, under this Agreement based upon telephonic or other instructions received from anyone purporting to be an Authorized Person or, without instructions, if pursuant to Section 2.6(d). Administrative Each Borrower agrees to establish and maintain the Designated Account with the Designated Account Bank for the purpose of receiving the proceeds of the Advances requested by Borrowers such Borrower, or on its behalf by Administrative Borrower, and made by Agent or the Lenders hereunder. Unless otherwise agreed by Agent and Administrative BorrowerBorrowers, any Advance, Protective Advance, Advance or Swing Line Loan requested by Borrowers or on behalf of a Borrower and made by Agent or the Lenders hereunder shall be made to the Designated Account.

Appears in 1 contract

Samples: Credit Agreement (Tronox Inc)

Designated Account. Agent is authorized to make the Advances, and Issuing Lender is authorized to issue the Letters of Credit, under this Agreement based upon telephonic or other instructions received from anyone purporting to be an Authorized Person or, without instructions, if pursuant to Section 2.6(d). Administrative Borrower agrees The Applicable Borrowers agree to establish and maintain the applicable Designated Account with the applicable Designated Account Bank for the purpose of receiving the proceeds of the Advances requested by the Applicable Borrowers and made by Agent or the Lenders hereunder. Unless otherwise agreed by Agent and Administrative BorrowerBorrowers, any Advance, Protective Advance, Advance or Swing Loan requested by the Applicable Borrowers and made by Agent or the Lenders hereunder shall be made to the applicable Designated Account.

Appears in 1 contract

Samples: Credit Agreement (Exide Technologies)

Designated Account. Agent is authorized to make the Advances, and Issuing Lender is authorized to issue the Letters of Credit, under this Agreement based upon telephonic or other instructions received from anyone purporting reasonably believed by Agent in good faith to be an Authorized Person or, without instructions, if pursuant to Section 2.6(d). Administrative Borrower agrees to establish and maintain the Designated Account with the Designated Account Bank for the purpose of receiving the proceeds of the Advances requested by Borrowers and made by Agent or the Lenders hereunder. Unless otherwise agreed by Agent and Administrative Borrower, any Advance, Protective Advance, or Swing Loan requested by Borrowers and made by Agent or the Lenders hereunder shall be made to the Designated Account.

Appears in 1 contract

Samples: Credit Agreement (Hudson Highland Group Inc)

Designated Account. Agent is authorized to make the Advances, and Issuing Lender is authorized to issue the Letters of Credit, under this Agreement based upon telephonic or other instructions received from anyone purporting to be an Authorized Person orPerson, or without instructions, instructions if pursuant to Section 2.6(d)) . Administrative Borrower agrees to establish and maintain the Designated Account with the Designated Account Bank for the purpose of receiving the proceeds of the Advances requested by Borrowers and made by Agent or the Lenders hereunder. Unless otherwise agreed by Agent and Administrative Borrower, any Advance, Protective Agent Advance, or Swing Loan requested by Borrowers and made by Agent or the Lenders hereunder shall be made to the Designated Account.

Appears in 1 contract

Samples: Loan and Security Agreement (Silicon Graphics Inc /Ca/)

Designated Account. Agent is authorized to make the Advances, and ------------------ Issuing Lender is authorized to issue the Letters of Credit, under this Agreement based upon telephonic or other instructions received from anyone purporting to be an Authorized Person orPerson, or without instructions, instructions if pursuant to Section 2.6(d). Administrative Each Borrower agrees to establish and maintain the its Designated -------------- Account with the applicable Designated Account Bank for the purpose of receiving the proceeds of the Advances requested by Borrowers such Borrower and made by Agent or the Lenders hereunder. Unless otherwise agreed by Agent and Administrative the applicable Borrower, any Advance, Protective Agent Advance, or Swing Loan requested by Borrowers such Borrower and made by Agent or the Lenders hereunder shall be made to the applicable Borrower's Designated Account.

Appears in 1 contract

Samples: Loan and Security Agreement (Learningstar Corp)

Designated Account. Agent is authorized to make the AdvancesAdvances and the Term Loan, and Issuing Lender is authorized to issue the Letters of Credit, under this Agreement based upon telephonic or other instructions received from anyone purporting to be an Authorized Person or, without instructions, if pursuant to Section 2.6(d). Administrative Borrower agrees to establish and maintain the Designated Account with the Designated Account Bank for the purpose of receiving the proceeds of the Advances requested by Borrowers and made by Agent or the Lenders hereunder. Unless otherwise agreed by Agent and Administrative Borrower, any Advance, Protective Advance, or Swing Loan requested by Borrowers Administrative Borrower and made by Agent or the Lenders hereunder shall be made to the Designated Account.

Appears in 1 contract

Samples: Credit Agreement (Angiotech Pharmaceuticals Inc)

Designated Account. Agent is authorized to make the Advances, and Issuing Lender is authorized to issue the Letters of Credit, under this Agreement based upon telephonic or other instructions received from anyone purporting to be an Authorized Person or, without instructions, Exhibit 10.61 DIP Credit Agreement if pursuant to Section 2.6(d). Administrative Each Borrower agrees to establish and maintain the applicable Designated Account with the applicable Designated Account Bank for the purpose of receiving the proceeds of the Advances requested by Borrowers such Borrower and made by Agent or the Lenders hereunder. Unless otherwise provided for hereunder or agreed by Agent and Administrative BorrowerBorrowers, any Advance, Protective Advance, Advance or Swing Swingline Loan requested by Borrowers a Borrower and made by Agent or the Lenders hereunder shall be made to the applicable Designated Account.

Appears in 1 contract

Samples: Possession Credit Agreement (Exide Technologies)

Designated Account. Agent is authorized to make the Advances, Advances and Issuing Lender is authorized to issue the Letters of Credit, Term Loan Draws under this Agreement based upon telephonic (but solely with respect to Advances) or other instructions received from anyone purporting to be an Authorized Person or, without instructions, if pursuant to Section 2.6(d). Administrative Borrower agrees to establish and maintain the Designated Account with the Designated Account Bank for the purpose of receiving the proceeds of the Advances requested by Borrowers and made by Agent or the Lenders hereunder. Unless otherwise agreed by Agent and Administrative Borrower, any Advance, Protective Advance, or Swing Loan requested by Borrowers and made by Agent or the Lenders hereunder shall be made to the Designated Account.

Appears in 1 contract

Samples: Credit Agreement (Trizetto Group Inc)

Designated Account. Agent is authorized to make the Advances, Advances and ------------------ Issuing Lender is authorized to issue the Letters of Credit, under this Agreement based upon telephonic or other instructions received from anyone purporting to be an Authorized Person orPerson, or without instructions, instructions if pursuant to Section 2.6(d). Administrative Borrower agrees to establish and maintain the -------------- Designated Account with the Designated Account Bank for the purpose of receiving the proceeds of the Advances requested by Borrowers and made by Agent or the Lenders hereunder. Unless otherwise agreed by Agent and Administrative Borrower, any Advance, Protective Agent Advance, or Swing Loan requested by Borrowers and made by Agent or the Lenders hereunder shall be made to the Designated Account.

Appears in 1 contract

Samples: Loan and Security Agreement (Cellstar Corp)

Designated Account. Agent is authorized to make the Advances, and ------------------ Issuing Lender is authorized to issue the Letters of Credit, under this Agreement based upon telephonic or other instructions received from anyone purporting to be an Authorized Person orPerson, or without instructions, instructions if pursuant to Section 2.6(d2.5(d). Administrative Borrower agrees to establish and maintain the -------------- Designated Account with the Designated Account Bank for the purpose of receiving the proceeds of the Advances requested by Borrowers and made by Agent or the Lenders hereunder. Unless otherwise agreed by Agent and Administrative Borrower, any Advance, Protective Agent Advance, or Swing Loan requested by Borrowers and made by Agent or the Lenders hereunder shall be made to the Designated Account.

Appears in 1 contract

Samples: Loan and Security Agreement (Ventiv Health Inc)

Designated Account. Agent is authorized to make the Advances, and Issuing Lender is authorized to issue the Letters of Credit, under this Agreement based upon telephonic or other instructions received from anyone purporting to be an Authorized Person orPerson, or without instructions, instructions if pursuant to Section subsection 2.6(d). Administrative Borrower agrees to establish and maintain the Designated Account with the Designated Account Bank for the purpose of receiving the proceeds of the Advances requested by Borrowers and made by Agent or the Lenders hereunder. Unless otherwise agreed by Agent and Administrative Borrower, any Advance, Protective Agent Advance, or Swing Loan requested by Borrowers and made by Agent or the Revolving Credit Lenders hereunder shall be made to the Designated Account.

Appears in 1 contract

Samples: Loan and Security Agreement (Ultimate Electronics Inc)

Designated Account. Agent is authorized to make the Advances, and Issuing Lender is authorized to issue the Letters of Credit, Advances under this Agreement based upon telephonic or other instructions received from anyone purporting to be an Authorized Person or, without instructions, if pursuant to Section 2.6(d2.5(c). Administrative Borrower agrees to establish and maintain the Designated Account with the Designated Account Bank for the purpose of receiving the proceeds of the Advances requested by Borrowers Borrower and made by Agent or the Lenders hereunderhereunder and any other funds necessary to effectuate releases with respect to the Contract Assets being acquired by Borrower. Unless otherwise agreed by Agent and Administrative Borrower, any Advance, Protective Agent Advance, or Swing Loan requested by Borrowers Borrower and made by Agent or the Lenders hereunder shall be made to the Designated Account. The Designated Account shall at all times be subject to the Designated Account Control Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (LEAF Equipment Finance Fund 4, L.P.)

Designated Account. Agent is authorized to make the AdvancesAdvances and the Term Loans, and the Issuing Lender is authorized to issue the Letters of Credit, under this Agreement based upon telephonic or other instructions received from anyone purporting to be an Authorized Person orPerson, or without instructions, instructions if pursuant to Section 2.6(d). Administrative Borrower agrees to establish and maintain the Designated Account with the Designated Account Bank for the purpose of receiving the proceeds of the Advances requested by Borrowers and made by Agent or the Lenders hereunder. Unless otherwise agreed by Agent and Administrative Borrower, any Advance, Protective Agent Advance, or Swing Loan requested by Borrowers and made by Agent or the Lenders hereunder shall be made to the Designated Account.

Appears in 1 contract

Samples: Loan and Security Agreement (Metalico Inc)

Designated Account. Agent is authorized to make the Advances, Advances and Issuing Lender is authorized to issue the Letters of Credit, under this Agreement based upon telephonic or other instructions received from anyone purporting to be an Authorized Person or, without instructions, if pursuant to Section 2.6(dSECTION 2.6(D). Administrative Borrower agrees to establish and maintain the Designated Account with the Designated Account Bank for the purpose of receiving the proceeds of the Advances requested by Borrowers Borrower and made by Agent or the Lenders hereunder. Unless otherwise agreed by Agent and Administrative Borrower, any Advance, Protective Advance, or Swing Loan requested by Borrowers Borrower and made by Agent or the Lenders hereunder shall be made to the Designated Account.

Appears in 1 contract

Samples: Credit Agreement (Perkins & Marie Callender's Inc)

Designated Account. Agent is authorized to make the Advances, and Issuing Lender Bank is authorized to issue the Letters of Credit, under this Agreement based upon telephonic or other instructions received from anyone purporting to be an Authorized Person or, without instructions, if permitted pursuant to the terms of this Agreement (including without limitation Section 2.6(d2.3(d)). Administrative Borrower agrees to establish and maintain the Designated Account with the Designated Account Bank for the purpose of receiving the proceeds of the Advances requested by Borrowers Borrower and made by Agent or the Lenders hereunder. Unless otherwise agreed by Agent and Administrative Borrower, any Advance, Protective Advance, Advance or Swing Loan requested by Borrowers Borrower and made by Agent or the Lenders hereunder shall be made to the Designated Account; provided, that all Pre-Funded Advances shall be made to the Designated Account at all times.

Appears in 1 contract

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

Designated Account. Agent is authorized to make the Advances, Advances and Issuing Lender is authorized to issue the Letters of Credit, under this Agreement based upon telephonic or other instructions received from anyone purporting to be an Authorized Person or, without instructions, if pursuant to Section 2.6(d). Administrative Borrower agrees to establish and maintain the Designated Account with the Designated Account Bank for the purpose of receiving the proceeds of the Advances requested by Borrowers Borrower and made by Agent or the Lenders hereunder. Unless otherwise agreed by Agent and Administrative BorrowerBorrower in writing, any Advance, Protective Advance, or Swing Loan requested by Borrowers Borrower and made by Agent or the Lenders hereunder shall be made to the Designated Account.

Appears in 1 contract

Samples: Credit Agreement (Infocus Corp)

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