Designated Account. Lender is authorized to make the Advances, and 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 Lender hereunder. Unless otherwise agreed by Lender and Administrative Borrower, any Advance requested by Borrowers and made by Lender hereunder shall be made to the Designated Account.
Appears in 4 contracts
Samples: Loan and Security Agreement (Matrix Geophysical, Inc.), Loan Agreement (Synalloy Corp), Loan and Security Agreement (Seitel Inc)
Designated Account. Lender is authorized to make the Advances, and 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 PersonPerson or, 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 Lender hereunder. Unless otherwise agreed by Lender and Administrative Borrower, any Advance requested by Borrowers Borrower and made by Lender hereunder shall be made to the Designated Account.
Appears in 4 contracts
Samples: Loan and Security Agreement (Overstock Com Inc), Loan and Security Agreement (OVERSTOCK.COM, Inc), Loan and Security Agreement (Overstock Com Inc)
Designated Account. Lender is authorized to make the Advances, Advances and Lender is authorized to issue the Letters of Credit, Credit under this Agreement based upon telephonic or other instructions received from anyone purporting to be an Authorized PersonPerson or, 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 Lender hereunder. Unless otherwise agreed by Lender and Administrative Borrower, any Advance requested by Borrowers Borrower and made by Lender hereunder shall be made to the Designated Account.
Appears in 3 contracts
Samples: Loan and Security Agreement (Viskase Companies Inc), Loan and Security Agreement (Viskase Companies Inc), Loan and Security Agreement (Viskase Companies Inc)
Designated Account. Lender is authorized to make the Advances, and 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 PersonPerson or, 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 Lender hereunder. Unless otherwise agreed by Lender and Administrative Borrower, any Advance requested by Borrowers and made by Lender hereunder shall be made to the Designated Account.
Appears in 3 contracts
Samples: Credit Agreement (Cryolife Inc), Credit Agreement (Cryolife Inc), Senior Secured Credit Agreement (Cray Inc)
Designated Account. Lender is authorized to make the Advances, and 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 Lender hereunder. Unless otherwise agreed by Lender and Administrative Borrower, any Advance requested by Borrowers Borrower and made by Lender hereunder shall be made to the Designated Account.
Appears in 3 contracts
Samples: Loan and Security Agreement (RMH Teleservices Inc), Loan and Security Agreement (Peninsula Gaming Co LLC), Loan and Security Agreement (Peninsula Gaming Corp)
Designated Account. Lender is authorized to make the Advances, and 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 PersonPerson or, 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 Borrower and made by Lender hereunder. Unless otherwise agreed by Lender and Administrative Borrower, any Advance requested by Borrowers Borrower and made by Lender hereunder shall be made to the Designated Account.
Appears in 3 contracts
Samples: Loan and Security Agreement (Swank, Inc.), Loan and Security Agreement (Swank, Inc.), Loan and Security Agreement (Swank, Inc.)
Designated Account. Lender is authorized to make the Advances, and 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 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 Lender hereunder. Unless otherwise agreed by Lender and Administrative Borrower, any Advance requested by Borrowers Borrower and made by Lender hereunder shall be made to the Designated Account.
Appears in 2 contracts
Samples: Loan and Security Agreement (MRS Fields Holding Co Inc), Loan and Security Agreement (Mortons Restaurant Group Inc)
Designated Account. Lender is authorized to make the Advances, Advances and Lender is authorized to issue the Letters of Credit, Term Loan 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 Lender hereunder. Unless otherwise agreed by Lender and Administrative Borrower, any Advance requested by Borrowers Borrower and made by Lender hereunder shall be made to the Designated Account.
Appears in 2 contracts
Samples: Loan and Security Agreement (Epicor Software Corp), Loan and Security Agreement (Qad Inc)
Designated Account. Lender is authorized to make the Advances, and Lender is authorized to issue the Letters of Credit, an Advance 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(d2.9(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 Lender hereunder. Unless otherwise agreed by Lender and Administrative Borrower, any Advance requested by Borrowers Borrower and made by Lender hereunder shall be made disbursed to the Designated Account.
Appears in 2 contracts
Samples: Revolving Loan and Security Agreement (Reis, Inc.), Loan and Security Agreement (Reis, Inc.)
Designated Account. Lender is authorized to make the AdvancesRevolving Loans, and 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 PersonPerson or, or without instructions 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 Lender hereunder. Unless otherwise agreed by Lender and Administrative BorrowerBorrowers, any Advance Revolving Loan requested by Borrowers and made by Lender hereunder shall be made to the Designated Account.
Appears in 2 contracts
Samples: Credit Agreement (Emmis Communications Corp), Credit Agreement (Northwest Pipe Co)
Designated Account. Lender is authorized to make the Advances, and 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 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 Lender hereunder. Unless otherwise agreed by Lender and Administrative the applicable Borrower, any Advance requested by Borrowers such Borrower and made by Lender hereunder shall be made to the applicable Borrower's Designated Account.
Appears in 2 contracts
Samples: Loan and Security Agreement (Majestic Investor Capital Corp), Loan and Security Agreement (Majestic Investor Capital Corp)
Designated Account. Lender is authorized to make the Advances, and 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 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 Lender hereunder. Unless otherwise agreed by Lender and Administrative Borrower, any Advance requested by Borrowers and made by Lender hereunder shall be made to the Designated Account.
Appears in 1 contract
Designated Account. Lender is authorized to make the Advances, Advances and Lender is authorized to issue the Letters of Credit, 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 Lender hereunder. Unless otherwise agreed by Lender and Administrative Borrower, any Advance requested by Borrowers and made by Lender hereunder shall be made to the Designated Account.
Appears in 1 contract
Designated Account. Lender is authorized to make the Advances, and 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 Borrower and made by Lender hereunder. Unless otherwise agreed by Lender and Administrative Borrower, any Advance requested by Borrowers Borrower and made by Lender hereunder shall be made to the Designated Account.
Appears in 1 contract
Designated Account. Lender is authorized to make the AdvancesAdvances and the Term Loans, and 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 Lender hereunder. Unless otherwise agreed by Lender and Administrative Borrower, any Advance requested by Borrowers and made by Lender hereunder shall be made to the Designated Account.
Appears in 1 contract
Designated Account. Lender is authorized to make the AdvancesAdvances and the Term Loan, and 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 PersonPerson or, 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 Lender hereunder. Unless otherwise agreed by Lender and Administrative Borrower, any Advance requested by Borrowers and made by Lender hereunder shall be made to the Designated Account.
Appears in 1 contract
Designated Account. Lender is authorized to make the Advances, and 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 Advances, requested by Borrowers Borrower and made by Lender hereunder. Unless otherwise agreed by Lender and Administrative Borrower, any Advance Advance, requested by Borrowers Borrower and made by Lender hereunder shall be made to the Designated Account.
Appears in 1 contract
Designated Account. Lender is authorized to make the AdvancesAdvances and the Term Loan, and 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 Lender hereunder. Unless otherwise agreed by Lender and Administrative Borrower, any Advance requested by Borrowers and made by Lender hereunder shall be made to the Designated Account.
Appears in 1 contract
Designated Account. Lender is authorized to make the AdvancesAdvances and the Term Loan, and 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 Lender hereunder. Unless otherwise agreed by Lender and Administrative Borrower, any Advance requested by Borrowers Borrower and made by Lender hereunder shall be made to the Designated Account.
Appears in 1 contract
Samples: Loan and Security Agreement (Special Devices Inc /De)
Designated Account. Lender is authorized to make the AdvancesAdvances and the Term Loans, and 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 Lender hereunder. Unless otherwise agreed by Lender and Administrative Borrower, any Advance requested by Borrowers and made by Lender hereunder shall be made to the Designated Account.
Appears in 1 contract
Designated Account. Lender is authorized to make the Advances, and Lender is authorized to issue the Letters of CreditL/C's, 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 Lender hereunder. Unless otherwise agreed by Lender and Administrative Borrower, any Advance requested by Borrowers Borrower and made by Lender hereunder shall be made to the Designated Account.
Appears in 1 contract
Designated Account. Lender is authorized to make the Advances, Advances and ------------------ Lender is authorized to issue the Letters of Credit, 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 Parent -------------- and Borrower agrees 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 Borrower and made by Lender hereunder. Unless otherwise agreed by Lender and Administrative Borrower, any Advance requested by Borrowers Borrower and made by Lender hereunder shall be made to the Designated Account.
Appears in 1 contract
Designated Account. Lender is authorized to make the Advances, and Lender is authorized to issue the Letters of Credit, Credit and the Term Loans 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(d2.6(e). 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 Lender hereunder. Unless otherwise agreed by Lender and Administrative Borrower, any Advance requested by Borrowers Borrower and made by Lender hereunder shall be made to the Designated Account.
Appears in 1 contract
Samples: Credit Agreement (Vista Eyecare Inc)
Designated Account. Lender is authorized to make the Advances, and 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 PersonPerson or, 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 Lender hereunder. Unless otherwise agreed by Lender and Administrative Borrower, any Advance requested by Borrowers Borrower and made by Lender hereunder shall be made to the Designated Account.
Appears in 1 contract
Designated Account. Lender is authorized to make the AdvancesAdvances and the Term Loan, and 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 Lender hereunder. Unless otherwise agreed by Lender and Administrative Borrower, any Advance requested by Borrowers Borrower and made by Lender hereunder shall be made to the Designated Account.
Appears in 1 contract
Designated Account. Lender is authorized to make the Advances, and 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 2.5(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 Lender hereunder. Unless otherwise agreed by Lender and Administrative Borrower, any Advance requested by Borrowers and made by Lender hereunder shall be made to the Designated Account.
Appears in 1 contract
Designated Account. Lender is authorized to make the Advances, Advances and 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 Lender hereunder. Unless otherwise agreed by Lender and Administrative Borrower, any Advance requested by Borrowers and made by Lender hereunder shall be made to the Designated Account.
Appears in 1 contract
Designated Account. Lender is authorized to make the Advances, Advances and 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 Lender hereunder. Unless otherwise agreed by Lender and Administrative Borrower, any Advance requested by Borrowers Borrower and made by Lender hereunder shall be made to the Designated Account.
Appears in 1 contract
Samples: Loan and Security Agreement (Harvey Electronics Inc)
Designated Account. Lender 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 its Designated Account with the Designated Account Bank for the purpose of receiving the proceeds of the Advances requested by Borrowers Borrower and made by Lender hereunder. Unless otherwise agreed by Lender and Administrative the Borrower, any Advance requested by Borrowers Borrower and made by Lender hereunder shall be made to the Designated Account.
Appears in 1 contract
Samples: Loan and Security Agreement (Paradyne Networks Inc)
Designated Account. Lender is authorized to make the Advances, and ------------------ Lender is authorized to issue the Letters of CreditL/C's, 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(d1-8(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 Lender hereunder. Unless otherwise agreed by Lender and Administrative Borrower, any Advance requested by Borrowers Borrower and made by Lender hereunder shall be made to the Designated Account.
Appears in 1 contract
Samples: Loan and Security Agreement (National Home Centers Inc)