Common use of Equipment Advances Clause in Contracts

Equipment Advances. (i) From the Closing Date through Equipment Availability End Date No. 1, Bank shall make Equipment Advances to Borrower in an aggregate amount not exceeding the Committed Equipment Line No. 1. Provided that no Event of Default has occurred through March 31, 2002, from April 1, 2002 through Equipment Availability End Date No. 2, Bank shall make Equipment Advances to Borrower in an aggregate amount not exceeding the Committed Equipment Line No, 2. Except as provided below, the Equipment Advances may only be used to finance Eligible Equipment purchased within ninety (90) days (determined based upon the applicable invoice date of such Eligible Equipment) of each Equipment Advance request. Notwithstanding the foregoing, Equipment Advances shall be permitted to finance Eligible Equipment purchased on or after August 1, 2001 (determined based upon the applicable invoice date of such Eligible Equipment) provided that such Equipment Advance requests are submitted to Bank within twenty (20) days after the Closing Date. Equipment Advances shall not exceed one hundred percent (100%) of the invoice amount of such Eligible Equipment, excluding taxes, shipping, warranty charges, freight discounts and installation expense relating to such Equipment, unless such costs constitute Other Equipment. Each Equipment Advance must be for a minimum amount of $100,000.00. (b) Interest accrues on all Equipment Advances under Committed Equipment Line No. 1 and Committed Equipment Line No. 2 from the date of each such Equipment Advance at the per annum rate described in Section 2.3(a), and shall be payable monthly on the Payment Date of each month commencing with the initial Payment Date following each such Equipment Advance. Each Equipment Advance under Committed Equipment Line No. 1 and Committed Equipment Line No. 2 shall be payable in (i) thirty-six (36) equal monthly installments of principal, plus (ii) monthly payments of accrued interest, beginning on the first Payment Date following such Equipment Advance and continuing on each Payment Date thereafter through the Equipment Maturity Date applicable to such Equipment Advance, Equipment Advances when repaid may not be reborrowed. (c) To obtain an Equipment Advance, Borrower must notify Bank (the notice is irrevocable) by facsimile no later than 3:00 p.m. Eastern time one (1) Business Day before the day on which the Equipment Advance is to be made. The notice in the form of EXHIBIT B (Payment/Advance Form) must be signed by a Responsible Officer or designee and include a copy of the invoice for the Equipment being financed.

Appears in 2 contracts

Samples: Loan Modification Agreement (Phase Forward Inc), Loan Modification Agreement (Phase Forward Inc)

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Equipment Advances. (ia) From Subject to the Closing Date through Equipment Availability End Date No. 1terms and conditions of this Agreement, Bank shall make agrees to lend to Borrowers, from time to time prior to the Commitment Termination Date, equipment advances (each an “Equipment Advances to Borrower Advance” and collectively the “Equipment Advances”) in an aggregate amount not exceeding to exceed the Committed Equipment Line No. 1Line. Provided that no Event of Default has occurred through March 31, 2002, from April 1, 2002 through Equipment Availability End Date No. 2, Bank shall make Equipment Advances to Borrower in an aggregate amount not exceeding the Committed Equipment Line No, 2. Except as provided belowWhen repaid, the Equipment Advances may only not be reborrowed. The proceeds of the Equipment Advances will be used solely to finance reimburse Borrowers for the purchase of Eligible Equipment purchased within ninety one hundred twenty (90120) days of the Equipment Advance provided that the first Equipment Advance may be used to reimburse Borrowers for Eligible Equipment purchased since January 1, 2002 if such first Equipment Advance is completed within one hundred twenty (determined based upon 120) days of the applicable invoice date Closing Date. All Equipment Advances shall be evidenced by the Equipment Term Note to be executed and delivered by Borrowers to Bank on the Closing Date and shall be repaid in accordance with the terms of such Eligible Equipmentthe Equipment Term Note. Bank’s obligation to lend hereunder shall terminate on the earlier of (i) the occurrence and continuance of an Event of Default, or (ii) the Commitment Termination Date. For purposes of this Section, the minimum amount of each Equipment Advance request. Notwithstanding is One Hundred Thousand Dollars ($100,000) and the foregoing, maximum number of Equipment Advances shall that will be permitted made is five (5). (b) To obtain an Equipment Advance, Borrowers will deliver to finance Eligible Bank a completed supplement in substantially the form attached as Exhibit B (“Loan Supplement”), copies of invoices for the Financed Equipment, together with a UCC Financing Statement, if requested by Bank, covering the Equipment purchased described on or after August 1the Loan Supplement, 2001 and such additional information as Bank may request at least five (determined based upon 5) Business Days before the applicable invoice proposed funding date (the “Funding Date”). On each Funding Date, Bank will specify in the Loan Supplement for each Equipment Advance, the Basic Rate, the Loan Factor, and the Payment Dates. If Borrowers satisfy the conditions of such Eligible Equipment) provided that each Equipment Advance specified herein, Bank will disburse such Equipment Advance requests are submitted by internal transfer to Bank within twenty (20) days after the Closing DateCompany’s deposit account with Bank. Each Equipment Advances shall Advance may not exceed one hundred percent (100%) of the invoice amount of such Eligible Equipment, excluding taxes, shipping, warranty charges, freight discounts and installation expense relating to such Equipment, unless such costs constitute Other Equipment. Each Equipment Advance must be for a minimum amount of $100,000.00. (b) Interest accrues on all Equipment Advances under Committed Equipment Line No. 1 and Committed Equipment Line No. 2 from the date of each such Equipment Advance at the per annum rate described in Section 2.3(a), and shall be payable monthly on the Payment Date of each month commencing with the initial Payment Date following each such Equipment Advance. Each Equipment Advance under Committed Equipment Line No. 1 and Committed Equipment Line No. 2 shall be payable in (i) thirty-six (36) equal monthly installments of principal, plus (ii) monthly payments of accrued interest, beginning on the first Payment Date following such Equipment Advance and continuing on each Payment Date thereafter through the Equipment Maturity Date applicable to such Equipment Advance, Equipment Advances when repaid may not be reborrowedOriginal Stated Cost. (c) To obtain an Equipment Advance, Borrower must notify Bank (Bank’s obligation to lend the notice is irrevocable) by facsimile no later than 3:00 p.m. Eastern time one (1) Business Day before the day on which the Equipment Advance is to be made. The notice in the form of EXHIBIT B (Payment/Advance Form) must be signed by a Responsible Officer or designee and include a copy undisbursed portion of the invoice for the Committed Equipment being financedLine will terminate if, in Bank’s sole discretion, there has been a Material Adverse Change.

Appears in 2 contracts

Samples: Loan and Security Agreement (Manugistics Group Inc), Loan and Security Agreement (Manugistics Group Inc)

Equipment Advances. (ia) From Subject to the Closing Date through Equipment Availability End Date No. 1terms and conditions of this Agreement, Bank shall make agrees to lend to Borrowers, from time to time prior to the Commitment Termination Date, equipment advances (each an “Equipment Advances to Borrower Advance” and collectively the “Equipment Advances”) in an aggregate amount not exceeding to exceed the Committed Equipment Line No. 1. Provided that no Event of Default has occurred through March 31Line, 2002, from April 1, 2002 through Equipment Availability End Date No. 2, Bank shall make less all Equipment Advances made under the Original Loan Agreement. As of the Closing Date, the outstanding principal balance of all Equipment Advances made by Bank under the Original Loan Agreement or otherwise (the “Outstanding Equipment Advances”) is $994,475.69 and the Outstanding Equipment Advances remain payable in accordance with each Loan Supplement delivered to Borrower Bank at the time of each such Equipment Advance, including such Final Payment terms as are set forth in an aggregate amount not exceeding such Loan Supplements with respect to the Committed Outstanding Equipment Line No, 2Advances. Except Attached hereto as provided belowSchedule 2.4 is a list of all Outstanding Equipment Advances and the repayment terms (including Final Payments) applicable thereto. When repaid, the Equipment Advances may only not be reborrowed. The proceeds of the Equipment Advances will be used solely to finance reimburse Borrowers for the purchase of Eligible Equipment or the purchase or license of Other Equipment (to the extent permitted in this Agreement), purchased within ninety (90) days of the Equipment Advance. Bank’s obligation to lend hereunder shall terminate on the earlier of (determined based upon i) the applicable invoice date occurrence and continuance of such Eligible Equipmentan Event of Default (as defined herein) of which the Company has been given notice if required under this Agreement, or (ii) the Commitment Termination Date. For purposes of this Section, the minimum amount of each Equipment Advance request. Notwithstanding is Twenty Five Thousand Dollars ($25,000) and the foregoing, maximum number of Equipment Advances shall that will be permitted made is eight (8). (b) To obtain an Equipment Advance, the Company will deliver to finance Eligible Bank a completed supplement in substantially the form attached as EXHIBIT E (“Loan Supplement”), copies of invoices for the Financed Equipment, together with a UCC Financing Statement, if requested by Bank, covering the Equipment purchased described on or after August 1the Loan Supplement, 2001 and such additional information as Bank may request at least five (determined based upon 5) Business Days before the applicable invoice proposed funding date (the “Funding Date”). On each Funding Date, Bank will specify in the Loan Supplement for each Equipment Advance, the Basic Rate, the Loan Factor, and the Payment Dates (as defined in Section 2.6(b)). If Borrowers satisfy the conditions of such Eligible Equipment) provided that each Equipment Advance specified herein, Bank will disburse such Equipment Advance requests are submitted by internal transfer to Bank within twenty (20) days after the Closing DateCompany’s deposit account with Bank. Each Equipment Advances shall Advance may not exceed one hundred percent (100%) of the invoice amount of such Eligible Equipment, excluding taxes, shipping, warranty charges, freight discounts and installation expense relating to such Equipment, unless such costs constitute Other Equipment. Each Equipment Advance must be for a minimum amount of $100,000.00Original Stated Cost. (b) Interest accrues on all Equipment Advances under Committed Equipment Line No. 1 and Committed Equipment Line No. 2 from the date of each such Equipment Advance at the per annum rate described in Section 2.3(a), and shall be payable monthly on the Payment Date of each month commencing with the initial Payment Date following each such Equipment Advance. Each Equipment Advance under Committed Equipment Line No. 1 and Committed Equipment Line No. 2 shall be payable in (i) thirty-six (36) equal monthly installments of principal, plus (ii) monthly payments of accrued interest, beginning on the first Payment Date following such Equipment Advance and continuing on each Payment Date thereafter through the Equipment Maturity Date applicable to such Equipment Advance, Equipment Advances when repaid may not be reborrowed. (c) To obtain an Equipment Advance, Borrower must notify Bank (the notice is irrevocable) by facsimile no later than 3:00 p.m. Eastern time one (1) Business Day before the day on which the Equipment Advance is to be made. The notice in the form of EXHIBIT B (Payment/Advance Form) must be signed by a Responsible Officer or designee and include a copy of the invoice for the Equipment being financed.

Appears in 2 contracts

Samples: Loan and Security Agreement (Blackboard Inc), Loan and Security Agreement (Blackboard Inc)

Equipment Advances. (ia) From Subject to and upon the Closing Date terms and conditions of this Agreement, at any time from the date hereof through September 30, 1998 (the "Equipment Availability End Date No. 1Date"), Bank shall agrees to make advances (each an "Equipment Advances Advance" and collectively, the "Equipment Advances") to Borrower in an aggregate outstanding amount not exceeding to exceed the Committed Equipment Line No. 1Line. Provided that no Event of Default has occurred through March 31, 2002, from April 1, 2002 through Equipment Availability End Date No. 2, Bank shall make Equipment Advances to Borrower in an aggregate amount not exceeding the Committed Equipment Line No, 2. Except as provided below, To evidence the Equipment Advances may only be used Advance or Equipment Advances, Borrower shall deliver to finance Eligible Equipment purchased within ninety (90) days (determined based upon Bank, at the applicable invoice date of such Eligible Equipment) time of each Equipment Advance request, an invoice for the equipment to be purchased. Notwithstanding the foregoing, The Equipment Advances shall be permitted used only to finance Eligible Equipment purchase equipment purchased on or after August January 1, 2001 (determined based upon the applicable invoice date of such Eligible Equipment) provided that such Equipment Advance requests are submitted to Bank within twenty (20) days after the Closing Date. Equipment Advances 1998 and shall not exceed one hundred percent One-Hundred Percent (100%) of the invoice amount of such Eligible Equipmentequipment approved from time to time by Bank, excluding taxes, shipping, warranty charges, freight discounts and installation expense relating expense. Software may, however, constitute up to such Equipment, unless such costs constitute Other Equipment. Each twenty-five percent (25%) of the aggregate of all Equipment Advance must be for a minimum amount of $100,000.00Advances. (b) Interest accrues on all Equipment Advances under Committed Equipment Line No. 1 and Committed Equipment Line No. 2 shall accrue from the date of each such Equipment Advance at the per annum rate described in Section 2.3(a), equal to one and one-half (1.5) percentage points above the Prime Rate and shall be payable monthly for each month through the month in which the Equipment Availability End Date falls. Any Equipment Advances that are outstanding on the Payment Equipment Availability End Date of each month commencing with the initial Payment Date following each such Equipment Advance. Each Equipment Advance under Committed Equipment Line No. 1 and Committed Equipment Line No. 2 shall will be payable in (i) thirty-six (36) equal monthly installments of principal, plus (ii) monthly payments of accrued principal and interest, beginning on the first Payment Date of the month following such the Equipment Advance Availability End Date and continuing ending on each Payment Date thereafter through the Equipment Maturity Date applicable to such Date, at which time all unpaid Equipment AdvanceAdvances, interest accrued thereon and all other charges, shall be due and payable in full. Equipment Advances when repaid Advances, once repaid, may not be reborrowed. (c) To When Borrower desires to obtain an Equipment Advance, Borrower must shall notify Bank (the which notice is shall be irrevocable) by facsimile transmission to be received no later than 3:00 p.m. Eastern time one (1) Business Day before the day on which the Equipment Advance is to be made. The Such notice shall be substantially in the form of EXHIBIT B (Payment/Advance Form) must Exhibit B. The notice shall be signed by a Responsible Officer or its designee and include a copy of the invoice for the Equipment being equipment to be financed. (d) In addition to the facility fee set forth in Section 2.5(a) hereof, Borrower shall pay a facility fee for the Committed Equipment Line equal to Two Thousand Five Hundred and No/100 Dollars ($2,500.00), which fee shall be due on the date of the Loan Modification Agreement and shall be fully earned and non-refundable."

Appears in 2 contracts

Samples: Loan and Security Agreement (T/R Systems Inc), Loan and Security Agreement (T/R Systems Inc)

Equipment Advances. (ia) From Subject to the Closing Date through Equipment Availability End Date No. 1terms and conditions of this Agreement, Bank shall make agrees to lend to Borrower, from time to time prior to the Commitment Termination Date, equipment advances (each an "Equipment Advances to Borrower Advance" and collectively the "Equipment Advances") in an aggregate amount not exceeding to exceed the Committed Equipment Line No. 1Line. Provided that no Event of Default has occurred through March 31, 2002, from April 1, 2002 through Equipment Availability End Date No. 2, Bank shall make Equipment Advances to Borrower in an aggregate amount not exceeding the Committed Equipment Line No, 2. Except as provided belowWhen repaid, the Equipment Advances may only not be re-borrowed. The proceeds of the Equipment Advances will be used solely to finance reimburse Borrower for the purchase of Eligible Equipment purchased within ninety (90) 90 days (determined based upon of the applicable invoice date Equipment Advance, with the exception of such Eligible Equipment) of each the initial Equipment Advance request. Notwithstanding the foregoing, Equipment Advances shall which will be permitted to finance used for Eligible Equipment purchased on or after August March 1, 2001 (determined based upon the applicable invoice date of such Eligible Equipment) provided that such Equipment Advance requests are submitted to Bank within twenty (20) days after the Closing Date. Equipment Advances shall not exceed one hundred percent (100%) of the invoice amount of such Eligible Equipment, excluding taxes, shipping, warranty charges, freight discounts and installation expense relating to such Equipment, unless such costs constitute Other Equipment1999. Each Equipment Advance must shall be considered a promissory note evidencing the amounts due hereunder for a all purposes. Bank's obligation to lend hereunder shall terminate on the earlier of (i) the occurrence and continuance of an Event of Default, or (ii) the Commitment Termination Date. For purposes of this Section, the minimum amount of each Equipment Advance is $100,000.0050,000; provided that Borrower may borrow less than $50,000 if the available amount remaining under the Committed Equipment Line is less than $50,000. The maximum number of Equipment Advances that will be made is 5; and only 1 per month is allowed. (b) Interest accrues on all Equipment Advances under Committed Equipment Line No. 1 and Committed Equipment Line No. 2 from the date of each such Equipment Advance at the per annum rate described in Section 2.3(a), and shall be payable monthly on the Payment Date of each month commencing with the initial Payment Date following each such Equipment Advance. Each Equipment Advance under Committed Equipment Line No. 1 and Committed Equipment Line No. 2 shall be payable in (i) thirty-six (36) equal monthly installments of principal, plus (ii) monthly payments of accrued interest, beginning on the first Payment Date following such Equipment Advance and continuing on each Payment Date thereafter through the Equipment Maturity Date applicable to such Equipment Advance, Equipment Advances when repaid may not be reborrowed. (c) To obtain an Equipment Advance, Borrower must notify will deliver to Bank a completed supplement in substantially the form attached as Exhibit C ("Loan Supplement"), copies of invoices for the Financed Equipment, together with a UCC Financing Statement covering the Equipment described on the Loan Supplement, and such additional information as Bank may request at least five (5) Business Days before the proposed funding date (the notice is irrevocable) by facsimile no later than 3:00 p.m. Eastern time one (1) Business Day before "Funding Date"). On each Funding Date, Bank will specify in the day on which Loan Supplement for each Equipment Advance, the Basic Rate, the Loan Factor, and the Payment Dates. If Borrower satisfies the conditions of each Equipment Advance is specified herein, Bank will disburse such Equipment Advance by internal transfer to be madeBorrower's deposit account with Bank. The notice Each Equipment Advance may not exceed 100% of the Original Stated Cost. (c) Bank's obligations to lend the undisbursed portion of the Committed Equipment Line will terminate if, in Bank's sole discretion, there has been a material adverse change in the form general affairs, management results of EXHIBIT B operation, condition (Payment/Advance Formfinancial or otherwise) must be signed or the prospects of Borrower, whether or not arising from transactions in the ordinary course of business, or there has been any material adverse deviation by a Responsible Officer or designee and include a copy of Borrower from the invoice for the Equipment being financed.most recent

Appears in 2 contracts

Samples: Loan and Security Agreement (Cosine Communications Inc), Loan and Security Agreement (Cosine Communications Inc)

Equipment Advances. (ia) From Subject to the Closing Date through Equipment Availability End Date No. 1terms and conditions of this Agreement, Bank shall make agrees to lend to Borrower, from time to time prior to the Commitment Termination Date, equipment advances (each an "Equipment Advances to Borrower Advance" and collectively the "Equipment Advances") in an aggregate amount not exceeding to exceed the Committed Equipment Line No. 1Line. Provided that no Event of Default has occurred through March 31, 2002, from April 1, 2002 through Equipment Availability End Date No. 2, Bank shall make Equipment Advances to Borrower in an aggregate amount not exceeding the Committed Equipment Line No, 2. Except as provided belowWhen repaid, the Equipment Advances may only not be re-borrowed. The proceeds of the Equipment Advances will be used solely to finance reimburse Borrower for the purchase of Eligible Equipment purchased within ninety prior to September 30, 1999. Each Equipment Advance shall be considered a promissory note evidencing the amounts due hereunder for all purposes. Bank's obligation to lend hereunder shall terminate on the earlier of (90i) days the occurrence and continuance of an Event of Default, or (determined based upon ii) the applicable invoice date Commitment Termination Date. For purposes of such Eligible Equipment) this Section, the minimum amount of each Equipment Advance request. Notwithstanding is $750,000 and the foregoing, maximum number of Equipment Advances shall that will be permitted to finance Eligible Equipment purchased on or after August made is 1, 2001 (determined based upon the applicable invoice date of such Eligible Equipment) provided that such Equipment Advance requests are submitted to Bank within twenty (20) days after the Closing Date. Equipment Advances shall not exceed one hundred percent (100%) of the invoice amount of such Eligible Equipment, excluding taxes, shipping, warranty charges, freight discounts and installation expense relating to such Equipment, unless such costs constitute Other Equipment. Each Equipment Advance must be for a minimum amount of $100,000.00. (b) Interest accrues on all Equipment Advances under Committed Equipment Line No. 1 and Committed Equipment Line No. 2 from the date of each such Equipment Advance at the per annum rate described in Section 2.3(a), and shall be payable monthly on the Payment Date of each month commencing with the initial Payment Date following each such Equipment Advance. Each Equipment Advance under Committed Equipment Line No. 1 and Committed Equipment Line No. 2 shall be payable in (i) thirty-six (36) equal monthly installments of principal, plus (ii) monthly payments of accrued interest, beginning on the first Payment Date following such Equipment Advance and continuing on each Payment Date thereafter through the Equipment Maturity Date applicable to such Equipment Advance, Equipment Advances when repaid may not be reborrowed. (c) To obtain an Equipment Advance, Borrower must notify will deliver to Bank a completed supplement in substantially the form attached as Exhibit C ("Loan Supplement"), copies of invoices for the Financed Equipment, together with a UCC Financing Statement covering the Equipment described on the Loan Supplement, and such additional information as Bank may request at least five (5) Business Days before the proposed funding date (the notice is irrevocable) by facsimile no later than 3:00 p.m. Eastern time one (1) Business Day before "Funding Date"). On each Funding Date, Bank will specify in the day on which Loan Supplement for each Equipment Advance, the Basic Rate, the Loan Factor, and the Payment Dates. If Borrower satisfies the conditions of each Equipment Advance is specified herein, Bank will disburse such Equipment Advance by internal transfer to be madeBorrower's deposit account with Bank. The notice Each Equipment Advance may not exceed 100% of the Original Stated Cost. (c) Bank's obligation to lend the undisbursed portion of the Committed Equipment Line will terminate if, in Bank's sole discretion, there has been a material adverse change in the form general affairs, management, results of EXHIBIT B operation, condition (Payment/Advance Formfinancial or otherwise) must be signed or the prospects of Borrower, whether or not arising from transactions in the ordinary course of business, or there has been any material adverse deviation by a Responsible Officer or designee Borrower from the most recent business plan of Borrower presented to and include a copy accepted by Bank prior to the execution of the invoice for the Equipment being financedthis Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Durect Corp)

Equipment Advances. (ia) From Subject to the Closing Date through terms and conditions of this Agreement Bank agrees to lend to Borrower, from time to time prior to the Commitment Termination Date, equipment advances (each an "Equipment Availability End Date No. 1, Bank shall make Advance" and collectively the "Equipment Advances to Borrower Advances") in an aggregate amount not exceeding to exceed the Committed Equipment Line No. 1Line. Provided that no Event of Default has occurred through March 31, 2002, from April 1, 2002 through Equipment Availability End Date No. 2, Bank shall make Equipment Advances to Borrower in an aggregate amount not exceeding the Committed Equipment Line No, 2. Except as provided belowWhen repaid, the Equipment Advances may only not be re-borrowed. The proceeds of the Equipment Advances will be used solely to finance reimburse Borrower for the purchase of Eligible Equipment purchased within ninety (90) days (determined based upon the applicable invoice date of such Eligible Equipment) of each Equipment Advance request. Notwithstanding the foregoing, Equipment Advances shall be permitted to finance Eligible Equipment purchased on or after August 1, 2001 (determined based upon the applicable invoice date of such Eligible Equipment) provided that such Equipment Advance requests are submitted to Bank within twenty (20) days after the Closing Date. Equipment Advances shall not exceed one hundred percent (100%) of the invoice amount of such Eligible Equipment, excluding taxes, shipping, warranty charges, freight discounts and installation expense relating to such Equipment, unless such costs constitute Other Equipment. Each Equipment Advance must shall be considered a promissory note evidencing the amounts due hereunder for a all purposes. Bank's obligation to lend hereunder shall terminate on the earlier of (i) the occurrence and continuance of an Event of Default, or (ii) the Commitment Termination Date. For purposes of this Section, the minimum amount of each Equipment Advance is $100,000.0030,000 and the maximum number of Equipment Advances that will be made is 3. (b) Interest accrues on all Equipment Advances under Committed Equipment Line No. 1 and Committed Equipment Line No. 2 from the date of each such Equipment Advance at the per annum rate described in Section 2.3(a), and shall be payable monthly on the Payment Date of each month commencing with the initial Payment Date following each such Equipment Advance. Each Equipment Advance under Committed Equipment Line No. 1 and Committed Equipment Line No. 2 shall be payable in (i) thirty-six (36) equal monthly installments of principal, plus (ii) monthly payments of accrued interest, beginning on the first Payment Date following such Equipment Advance and continuing on each Payment Date thereafter through the Equipment Maturity Date applicable to such Equipment Advance, Equipment Advances when repaid may not be reborrowed. (c) To obtain an Equipment Advance, Borrower must notify will deliver to Bank a completed supplement in substantially the form attached as Exhibit C ("Loan Supplement"), and such additional information as Bank may request at least five (5) Business Days before the proposed funding date (the notice is irrevocable) by facsimile no later than 3:00 p.m. Eastern time one (1) Business Day before "Funding Date"). On each Funding Date, Bank will specify in the day on which Loan Supplement for each Equipment Advance, the Basic Rate, the Loan Factor, and the Payment Dates. If Borrower satisfies the conditions of each Equipment Advance is specified from time to be madetime by Bank, Bank will disburse such Equipment Advance by internal transfer to Borrower's deposit account with Bank. The notice Each Equipment Advance may not exceed 100% of the Original Stated Cost. (c) Bank's obligation to lend the undisbursed portion of the Committed Equipment Line will terminate if, in Bank's sole discretion, there has been a material adverse change in the form general affairs, management, results of EXHIBIT B operation, condition (Payment/Advance Formfinancial or otherwise) must be signed or the prospects of Borrower, whether or not arising from transactions in the ordinary course of business, or there has been any material adverse deviation by a Responsible Officer or designee Borrower from the most recent business plan of Borrower presented to and include a copy accepted by Bank prior to the execution of the invoice for the Equipment being financedthis Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Egroups Inc)

Equipment Advances. (ia) From Subject to and upon the terms and conditions of this Agreement, at any time from the date hereof through the date which is one (1) year from the Closing Date through (the "Equipment Availability End Date No. 1Date"), Bank shall agrees to make advances (each an "Equipment Advances Advance" and collectively, the "Equipment Advances") to Borrower in an aggregate outstanding amount not exceeding to exceed the Committed Equipment Line No. 1Line. Provided that no Event of Default has occurred through March 31, 2002, from April 1, 2002 through Equipment Availability End Date No. 2, Bank shall make Equipment Advances to Borrower in an aggregate amount not exceeding the Committed Equipment Line No, 2. Except as provided below, To evidence the Equipment Advances may only be used Advance or Equipment Advances, Borrower shall deliver to finance Eligible Equipment purchased within ninety (90) days (determined based upon Bank, at the applicable invoice date of such Eligible Equipment) time of each Equipment Advance request, an invoice for the equipment to be purchased. Notwithstanding the foregoing, The Equipment Advances shall be permitted used only to finance Eligible purchase Equipment purchased on or after August 1, 2001 (determined based upon the applicable invoice date of such Eligible Equipment) provided that such Equipment Advance requests are submitted to Bank within twenty (20) days after the Closing Date. Equipment Advances and shall not exceed one hundred percent (100%) of the invoice amount of such Eligible Equipmentequipment approved from time to time by Bank, excluding taxes, shipping, warranty charges, freight discounts and installation expense relating to such Equipment, unless such costs constitute Other Equipment. Each Equipment Advance must be for a minimum amount of $100,000.00expense. (b) Interest accrues on all Equipment Advances under Committed Equipment Line No. 1 and Committed Equipment Line No. 2 shall accrue from the date of each such Equipment Advance at the per annum rate described specified in Section 2.3(a), ) and shall be payable monthly for each month through the month in which the Equipment Availability End Date falls. Any Equipment Advances that are outstanding on the Payment Equipment Availability End Date of each month commencing with the initial Payment Date following each such Equipment Advance. Each Equipment Advance under Committed Equipment Line No. 1 and Committed Equipment Line No. 2 shall will be payable in (i) thirty-six (36) equal monthly installments of principal, plus (ii) monthly payments of all accrued interest, beginning on the first Payment Date of the month following such the Equipment Advance Availability End Date and continuing ending on each Payment Date thereafter through the Equipment Maturity Date applicable to such Date. Equipment AdvanceAdvances, Equipment Advances when repaid once repaid, may not be reborrowed. (c) To When Borrower desires to obtain an Equipment Advance, Borrower must shall notify Bank (the which notice is shall be irrevocable) by facsimile transmission to be received no later than 3:00 p.m. Eastern time one (1) Business Day before the day on which the Equipment Advance is to be made. The Such notice shall be substantially in the form of EXHIBIT B (Payment/Advance Form) must B. The notice shall be signed by a Responsible Officer or its designee and include a copy of the invoice for the Equipment being to be financed.

Appears in 1 contract

Samples: Loan and Security Agreement (Opus360 Corp)

Equipment Advances. (ia) From Subject to the Closing Date through Equipment Availability End Date No. 1terms and conditions of this Agreement, Bank shall make agrees to lend to Borrower, from time to time prior to the Commitment Termination Date, equipment advances (each an "Equipment Advances to Borrower Advance" and collectively the "Equipment Advances") in an aggregate amount not exceeding to exceed the Committed Equipment Line No. 1Line. Provided that no Event of Default has occurred through March 31, 2002, from April 1, 2002 through Equipment Availability End Date No. 2, Bank shall make Equipment Advances to Borrower in an aggregate amount not exceeding the Committed Equipment Line No, 2. Except as provided belowWhen repaid, the Equipment Advances may only not be re-borrowed. The proceeds of the Equipment Advances will be used solely to finance reimburse Borrower for the purchase of Eligible Equipment purchased within ninety 90 days of the Closing Date. Each Equipment Advance shall be considered a promissory note evidencing the amounts due hereunder for all purposes. Bank's obligation to lend hereunder shall terminate on the earlier of (90i) days the occurrence and continuance of an Event of Default, or (determined based upon ii) the applicable invoice date Commitment Termination Date. For purposes of such Eligible Equipment) this Section, the minimum amount of each Equipment Advance request. Notwithstanding is $75,000 and the foregoing, maximum number of Equipment Advances shall that will be permitted to finance Eligible Equipment purchased on or after August 1, 2001 (determined based upon the applicable invoice date of such Eligible Equipment) provided that such Equipment Advance requests are submitted to Bank within twenty (20) days after the Closing Date. Equipment Advances shall not exceed one hundred percent (100%) of the invoice amount of such Eligible Equipment, excluding taxes, shipping, warranty charges, freight discounts and installation expense relating to such Equipment, unless such costs constitute Other Equipment. Each Equipment Advance must be for a minimum amount of $100,000.00made is 5. (b) Interest accrues on all Equipment Advances under Committed Equipment Line No. 1 and Committed Equipment Line No. 2 from the date of each such Equipment Advance at the per annum rate described in Section 2.3(a), and shall be payable monthly on the Payment Date of each month commencing with the initial Payment Date following each such Equipment Advance. Each Equipment Advance under Committed Equipment Line No. 1 and Committed Equipment Line No. 2 shall be payable in (i) thirty-six (36) equal monthly installments of principal, plus (ii) monthly payments of accrued interest, beginning on the first Payment Date following such Equipment Advance and continuing on each Payment Date thereafter through the Equipment Maturity Date applicable to such Equipment Advance, Equipment Advances when repaid may not be reborrowed. (c) To obtain an Equipment Advance, Borrower must notify will deliver to Bank a completed supplement in substantially the form attached as Exhibit E ("Loan Supplement"), copies of invoices for the Financed Equipment and such additional information as Bank may request at least five (5) Business Days before the proposed funding date (the notice is irrevocable) by facsimile no later than 3:00 p.m. Eastern time one (1) Business Day before "Funding Date"). On each Funding Date, Bank will specify in the day on which Loan Supplement for each Equipment Advance, the Basic Rate, the Loan Factor, and the Payment Dates. If Borrower satisfies the conditions of each Equipment Advance is specified herein, Bank will disburse such Equipment Advance by internal transfer to be madeBorrower's deposit account with Bank. The notice Each Equipment Advance may not exceed 100% of the Original Stated Cost. (c) Bank's obligation to lend the undisbursed portion of the Committed Equipment Line will terminate if, in Bank's sole discretion, there has been a material adverse change in the form general affairs, management, results of EXHIBIT B operation, condition (Payment/Advance Formfinancial or otherwise) must be signed or the prospects of Borrower, whether or not arising from transactions in the ordinary course of business, or there has been any material adverse deviation by a Responsible Officer or designee Borrower from the most recent business plan of Borrower presented to and include a copy accepted by Bank prior to the execution of the invoice for the Equipment being financedthis Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Homestead Com Inc)

Equipment Advances. (ia) From Subject to the Closing Date through Equipment Availability End Date No. 1terms and conditions of this Agreement, Bank shall make agrees to lend to Borrowers, from time to time prior to the Commitment Termination Date, equipment advances (each an "Equipment Advances to Borrower Advance" and collectively the "Equipment Advances") in an aggregate amount not exceeding to exceed the Committed Equipment Line No. 1Line. Provided that no Event of Default has occurred through March 31, 2002, from April 1, 2002 through Equipment Availability End Date No. 2, Bank shall make Equipment Advances to Borrower in an aggregate amount not exceeding the Committed Equipment Line No, 2. Except as provided belowWhen repaid, the Equipment Advances may only not be reborrowed. The proceeds of the Equipment Advances will be used solely to finance reimburse Borrowers for the purchase of Eligible Equipment purchased within ninety (90) days of the Equipment Advance provided that the first Equipment Advance may be used to reimburse Borrowers for Eligible Equipment purchased within one hundred twenty (determined based upon 120) days of the applicable invoice date first Equipment Advance. All Equipment Advances shall be evidenced by the Equipment Term Note to be executed and delivered by Borrowers to Bank on the Closing Date and shall be repaid in accordance with the terms of such Eligible Equipmentthe Equipment Term Note. Bank's obligation to lend hereunder shall terminate on the earlier of (i) the occurrence and continuance of an Event of Default, or (ii) the Commitment Termination Date. For purposes of this Section, the minimum amount of each Equipment Advance request. Notwithstanding is Twenty Five Thousand Dollars ($25,000) and the foregoing, maximum number of Equipment Advances shall that will be permitted made is eight (8). (b) To obtain an Equipment Advance, Borrowers will deliver to finance Eligible Bank a completed supplement in substantially the form attached as Exhibit B ("Loan Supplement"), copies of invoices for the Financed Equipment, together with a UCC Financing Statement, if requested by Bank, covering the Equipment purchased described on or after August 1the Loan Supplement, 2001 and such additional information as Bank may request at least five (determined based upon 5) Business Days before the applicable invoice proposed funding date (the "Funding Date"). On each Funding Date, Bank will specify in the Loan Supplement for each Equipment Advance, the Basic Rate, the Loan Factor, and the Payment Dates. If Borrowers satisfy the conditions of such Eligible Equipment) provided that each Equipment Advance specified herein, Bank will disburse such Equipment Advance requests are submitted by internal transfer to Bank within twenty (20) days after the Closing DateCompany's deposit account with Bank. Each Equipment Advances shall Advance may not exceed one hundred percent (100%) of the invoice amount of such Eligible Equipment, excluding taxes, shipping, warranty charges, freight discounts and installation expense relating to such Equipment, unless such costs constitute Other Equipment. Each Equipment Advance must be for a minimum amount of $100,000.00. (b) Interest accrues on all Equipment Advances under Committed Equipment Line No. 1 and Committed Equipment Line No. 2 from the date of each such Equipment Advance at the per annum rate described in Section 2.3(a), and shall be payable monthly on the Payment Date of each month commencing with the initial Payment Date following each such Equipment Advance. Each Equipment Advance under Committed Equipment Line No. 1 and Committed Equipment Line No. 2 shall be payable in (i) thirty-six (36) equal monthly installments of principal, plus (ii) monthly payments of accrued interest, beginning on the first Payment Date following such Equipment Advance and continuing on each Payment Date thereafter through the Equipment Maturity Date applicable to such Equipment Advance, Equipment Advances when repaid may not be reborrowedOriginal Stated Cost. (c) To obtain an Equipment Advance, Borrower must notify Bank (Bank's obligation to lend the notice is irrevocable) by facsimile no later than 3:00 p.m. Eastern time one (1) Business Day before the day on which the Equipment Advance is to be made. The notice in the form of EXHIBIT B (Payment/Advance Form) must be signed by a Responsible Officer or designee and include a copy undisbursed portion of the invoice for the Committed Equipment being financedLine will terminate if, in Bank's sole discretion, there has been a Material Adverse Change.

Appears in 1 contract

Samples: Loan and Security Agreement (Manugistics Group Inc)

Equipment Advances. (ia) From Through December 16, 2005 (the Closing Date through Equipment Availability End Date No. 1"EQUIPMENT AVAILABILITY END DATE"), Bank shall will make Equipment Advances to Borrower in advances (each, an aggregate amount "EQUIPMENT ADVANCE" and, collectively, "EQUIPMENT ADVANCES") not exceeding the Committed Equipment Line No. 1Line. Provided that no Event of Default has occurred through March 31, 2002, from April 1, 2002 through Equipment Availability End Date No. 2, Bank shall make Equipment Advances to Borrower in an aggregate amount not exceeding the Committed Equipment Line No, 2. Except as provided below, the The Equipment Advances may only be used to finance Eligible purchase or refinance Equipment purchased within ninety (90) 90 days (determined based upon of the applicable invoice date date, or, in the case of such Eligible Equipment) of each Equipment Advance request. Notwithstanding the foregoinginitial advance, Equipment Advances shall be permitted to finance Eligible Equipment purchased on or after August September 1, 2001 (determined based upon the applicable invoice date of such Eligible Equipment) provided that such Equipment Advance requests are submitted to Bank within twenty (20) days after the Closing Date. Equipment Advances shall not exceed one hundred percent (100%) of the invoice amount of such Eligible Equipment, excluding taxes, shipping, warranty charges, freight discounts and installation expense relating to such Equipment, unless such costs constitute Other Equipment. Each Equipment Advance must be for a minimum amount of $100,000.002004. (b) Interest accrues on all Equipment Advances under Committed Equipment Line No. 1 and Committed Equipment Line No. 2 from the date of each such Equipment Advance (each, an "EQUIPMENT ADVANCE FUNDING DATE") at the per annum rate described in Section 2.3(a2.4(a), and shall be payable monthly on the Payment Date of each month commencing with the initial Payment Date following each such Equipment Advance. Each Equipment Advance under Committed Equipment Line No. 1 and Committed Equipment Line No. 2 shall be is payable in (i) thirty-six (36) 36 equal monthly installments of principal, plus (ii) monthly payments of accrued interest, beginning on the first Payment of the month following the Equipment Advance Funding Date following for such Equipment Advance and continuing ending on each Payment Date thereafter through the Equipment Maturity Date applicable to for such Equipment Advance, . Equipment Advances when repaid may not be reborrowed. (c) To obtain an Equipment Advance, Borrower must notify provide notice in the form of a Payment/Advance Form to Bank (the notice is irrevocable) by facsimile no later than 3:00 p.m. Eastern time 12:00 noon Pacific Time one (1) Business Day before the day on which the Equipment Advance is to be made. The notice in the form of EXHIBIT B (Payment/Advance Form) Form must be signed by a Responsible Officer or designee and include a copy of the invoice for the Equipment being financed. (d) The outstanding principal amount of term loans previously advanced by Bank to Borrower pursuant to that certain Loan and Security Agreement dated 2. March 28, 2003, as amended by that Amendment to Loan Documents dated July 17, 2003, as further amended by that certain Amendment to Loan Documents dated September 26, 2003, and Amended and Restated Loan and Security Agreement dated December 19, 2003 are set forth on Schedule A attached hereto (the "EXISTING EQUIPMENT DEBT"). The Existing Equipment Debt shall, for all purposes hereof, be "Equipment Advances" hereunder and be governed by all the terms and conditions of this Agreement, except that the principal of said Existing Equipment Debt shall continue to be payable as set forth on Schedule A.

Appears in 1 contract

Samples: Loan and Security Agreement (Harmonic Inc)

Equipment Advances. (i) From Subject to and upon the terms and conditions of this Agreement, Bank agrees to make Equipment Advances to Borrowers in an aggregate outstanding amount not to exceed the Equipment Line. Subject to and upon the terms and conditions of this Agreement, Borrowers may request Equipment Advances any time from the Closing Date through Equipment Availability End Date NoJune 27, 2020. 1, Bank shall make Equipment Advances to Borrower in an aggregate amount not exceeding the Committed Equipment Line No. 1. Provided that no Event of Default has occurred through March 31, 2002, from April 1, 2002 through Equipment Availability End Date No. 2, Bank shall make Equipment Advances to Borrower in an aggregate amount not exceeding the Committed Equipment Line No, 2. Except as provided below, the Equipment Advances may only be used to finance Eligible Equipment purchased within ninety (90) days (determined based upon the applicable invoice date of such Eligible Equipment) of each Each Equipment Advance request. Notwithstanding the foregoing, Equipment Advances shall be permitted to finance Eligible Equipment purchased on or after August 1, 2001 (determined based upon the applicable invoice date of such Eligible Equipment) provided that such Equipment Advance requests are submitted to Bank within twenty (20) days after the Closing Date. Equipment Advances shall not exceed one hundred percent (100%) of the invoice amount of such Eligible Equipmentcapital equipment, including capitalized IT buildout expenses, and tenant improvements approved by Bank from time to time (which equipment, tenant improvements and expenses Borrower shall, in any case, have purchased or incurred within ninety (90) days of the date of the corresponding Equipment Advance), in each case excluding taxes, shipping, warranty charges, freight discounts and installation expense relating expense. Bank shall have a right from time to such Equipment, unless such costs constitute Other Equipment. Each time to conduct an appraisal of Borrower’s Equipment Advance must be for a minimum amount of $100,000.00at Borrower’s expense. (bii) Interest accrues on all Equipment Advances under Committed Equipment Line No. 1 and Committed Equipment Line No. 2 shall accrue from the date of each such Equipment Advance at the per annum rate described specified in Section 2.3(a), the Pricing Addendum and shall be payable monthly in accordance with Section 2.3(b) and on the Payment Date of each month commencing with terms set forth in the initial Payment Date following each such Pricing Addendum. Any Equipment Advance. Each Equipment Advance under Committed Equipment Line No. 1 and Committed Equipment Line No. 2 Advances outstanding on June 27, 2020 shall be payable in (i) thirty-thirty six (36) equal monthly installments of principal, plus (ii) monthly payments of all accrued interest, beginning on the first Payment Date following such Equipment Advance July 1, 2020 and continuing on the same day of each Payment Date month thereafter through until June 1, 2023 (the “Equipment Maturity Date”), at which time all amounts due in connection with the Equipment Maturity Date applicable to such Equipment AdvanceAdvances and any other amounts due under this Agreement shall be immediately due and payable. Once repaid, Equipment Advances when repaid may not be reborrowed. Except as set forth in the Pricing Addendum, Borrowers may prepay Equipment Advances without penalty or premium. Partial prepayments hereunder shall be applied to the installments hereunder in the inverse order of their maturities without reamortization of the repayment schedule for the remaining principal balance. (ciii) To When Borrowers desire to obtain an Equipment Advance, Borrower must Borrowers shall notify Bank (the which notice is shall be irrevocable) by facsimile no later than 3:00 p.m. Eastern Pacific time one three (13) Business Day Days before the day on which the Equipment Advance is to be made. Such notice shall be made in accordance with the Pricing Addendum. The notice in the form of EXHIBIT B (Payment/Advance Form) must shall be signed by a Responsible Officer or designee and include a copy of the invoice for the Equipment being any capital equipment, capitalized IT buildout expenses and/or tenant improvements to be financed.

Appears in 1 contract

Samples: Loan and Security Agreement (Everside Health Group, Inc.)

Equipment Advances. (ia) From Subject to and upon the Closing Date terms and conditions of this Agreement, at any time from the date hereof through October 31, 1999 (the "Equipment Availability End Date One"), Borrowers may from time to time request advances (each together with the advances described in subsection (b) below, an "Equipment Advance" and collectively, the "Equipment Advances") to Borrowers in an aggregate outstanding amount not to exceed the Committed Equipment Line. Amounts borrowed pursuant to this Section 2.3(a) may not be readvanced. All Equipment Advances made prior to the Equipment Availability End Date One shall be evidenced by an Equipment Term Note ("Equipment Term Note No. 1, ") to be executed and delivered by the Borrowers to Bank shall make on the Closing Date. All Equipment Advances made prior to Borrower the Equipment Availability End Date One shall be repaid in accordance with the terms of Equipment Term Note No. 1. (b) At any time from November 1, 1999 through April 5, 2000 (the "Equipment Availability End Date Two"), Borrowers may from time to time request advances from Bank in an aggregate amount not exceeding to exceed the Committed Equipment Line No. 1Line. Provided that no Event of Default has occurred through March 31, 2002, from April 1, 2002 through Amounts borrowed pursuant to this Section 2.3(b) may not be readvanced. All Equipment Advances made after the Equipment Availability End Date One, but prior to the Equipment Availability End Date Two shall be evidenced by an Equipment Term Note ("Equipment Term Note No. 2, ") to be executed and delivered by Borrowers to Bank shall make on the Closing Date. All Equipment Advances to Borrower in an aggregate amount not exceeding the Committed Equipment Line No, 2. Except as provided below, made after the Equipment Advances may only Availability End Date One, but prior to the Equipment Availability End Date Two shall be used repaid in accordance with the terms of Equipment Term Note No. 2. (c) To evidence the Equipment Advance or Equipment Advances, Borrowers shall deliver to finance Eligible Equipment purchased within ninety (90) days (determined based upon Bank, at the applicable invoice date of such Eligible Equipment) time of each Equipment Advance request, an invoice for the equipment to be purchased, together with any items requested pursuant to Section 4.2 hereof. Notwithstanding Equipment which may be purchased under the foregoingCommitted Equipment Line may include new and/or used equipment, computer equipment, office equipment, lab, test equipment and furnishings. The Equipment Advances under Equipment Term Note No. 1 shall be permitted used only to finance Eligible purchase or refinance Equipment purchased on or after August January 1, 2001 (determined based upon the applicable invoice date of such Eligible Equipment) provided that such 1999 and Equipment Advance requests are submitted Advances under Equipment Term Note No. 2 shall be used only to Bank within twenty (20) days purchase or refinance Equipment purchased after the Closing DateSeptember 30, 1999. Equipment Advances shall not exceed one hundred percent (100%) of the invoice amount of such Eligible Equipmentequipment (as such invoices may be verified from time to time by Bank), excluding taxes, shipping, warranty charges, freight discounts and installation expense relating expense. Transferable software licenses, leasehold improvements or other soft costs, including sales tax, freight, and install expenses, may, however, constitute up to twenty five percent (25%) of the Committed Equipment Line. At no time shall Bank make any Equipment Advances if after giving effect to such Equipment, unless such costs constitute Other Equipment. Each request the aggregate amount then outstanding would exceed the Committed Equipment Advance must be for a minimum amount of $100,000.00Line. (bd) Interest accrues on all Except as otherwise set forth herein, interest under each Equipment Advances under Committed Equipment Line No. 1 and Committed Equipment Line No. 2 Term Note shall accrue from the date of each such Equipment Advance until repayment in full at the per annum Prime Rate. In addition, the Company shall have the one time option on each Equipment Term Note, to fix the rate described in Section 2.3(aof interest rate applicable on each Equipment Term Note, to a fixed rate equal to the then applicable Treasury Rate, plus three hundred basis points (the "Fixed Rate Option"). In the event the Company desires to convert the interest rate under either Equipment Term Note to the Fixed Rate Option, the Company shall give Bank written notice of its intention to do so (an "Interest Rate Notice"), and not less than five (5) Business Days prior to the then applicable Equipment Availability End Date. Once given, an Interest Rate Notice is not revocable. (e) Interest under each Equipment Note shall be payable monthly on the Payment Date of for each month commencing with through the initial Payment month in which the applicable Equipment Availability End Date following each falls. Any Equipment Advances that are outstanding on such Equipment Advance. Each Equipment Advance under Committed Equipment Line No. 1 and Committed Equipment Line No. 2 shall Availability End Date will be payable in (i) thirty-thirty six (36) equal monthly installments of principal, plus (ii) monthly payments of all accrued interest, beginning on the first Payment Date of each month following such Equipment Advance and continuing on each Payment Date thereafter through the Equipment Availability End Date and ending on the Maturity Date applicable to such Date. Equipment AdvanceAdvances, Equipment Advances when repaid once repaid, may not be reborrowed. Any amounts accruing interest at the Fixed Rate Option which are prepaid shall be accompanied by a Prepayment Fee, payable on the date of prepayment (the "Prepayment Date"). (cf) To When any Borrower desires to obtain an Equipment Advance, Borrower must Company shall notify Bank (the which notice is shall be irrevocable) by facsimile transmission to be received no later than 3:00 p.m. Eastern Washington, D.C. time one (1) Business Day before the day on which the Equipment Advance is to be made. The Such notice shall be substantially in the form of EXHIBIT B (Payment/Advance Form) must Exhibit B. The notice shall be signed by a Responsible Officer or its designee and include a copy of the invoice for the Equipment being to be financed.

Appears in 1 contract

Samples: Loan and Security Agreement (Visual Networks Inc)

Equipment Advances. (ia) From Subject to the Closing Date through terms and conditions of this Agreement, Bank agrees to lend to Borrower, from time to time prior to the Equipment Availability End Date No. 1Date, Bank shall make equipment advances (each an "Equipment Advances to Borrower Advance" and collectively the "Equipment Advances") in an aggregate amount not exceeding to exceed the Committed Equipment Line No. 1Line. Provided that no Event of Default has occurred through March 31, 2002, from April 1, 2002 through Equipment Availability End Date No. 2, Bank shall make Equipment Advances to Borrower in an aggregate amount not exceeding the Committed Equipment Line No, 2. Except as provided belowWhen repaid, the Equipment Advances may only not be re-borrowed. The proceeds of the Equipment Advances will be used solely to finance Eligible reimburse Borrower for the purchase of Equipment purchased within ninety 120 days of the Equipment Advance. Software may constitute up to $150,000 of the aggregate Equipment Advances. Each Equipment Advance shall be considered a promissory note evidencing the amounts due hereunder for all purposes. Bank's obligation to lend hereunder shall terminate on the earlier of (90i) days the occurrence and continuance of an Event of Default, or (determined based upon ii) the applicable invoice date Equipment Availability End Date. For purposes of such Eligible Equipment) this Section, the minimum amount of each Equipment Advance request. Notwithstanding the foregoing, Equipment Advances shall be permitted to finance Eligible Equipment purchased on or after August 1, 2001 (determined based upon the applicable invoice date of such Eligible Equipment) provided that such Equipment Advance requests are submitted to Bank within twenty (20) days after the Closing Date. Equipment Advances shall not exceed one hundred percent (100%) of the invoice amount of such Eligible Equipment, excluding taxes, shipping, warranty charges, freight discounts and installation expense relating to such Equipment, unless such costs constitute Other Equipment. Each Equipment Advance must be for a minimum amount of is $100,000.0050,000. (b) Interest accrues on all Equipment Advances under Committed Equipment Line No. 1 and Committed Equipment Line No. 2 from the date of each such Equipment Advance at the per annum rate described in Section 2.3(a), and shall be payable monthly on the Payment Date of each month commencing with the initial Payment Date following each such Equipment Advance. Each Equipment Advance under Committed Equipment Line No. 1 and Committed Equipment Line No. 2 shall be payable in (i) thirty-six (36) equal monthly installments of principal, plus (ii) monthly payments of accrued interest, beginning on the first Payment Date following such Equipment Advance and continuing on each Payment Date thereafter through the Equipment Maturity Date applicable to such Equipment Advance, Equipment Advances when repaid may not be reborrowed. (c) To obtain an Equipment Advance, Borrower must notify will deliver to Bank a completed supplement in substantially the form attached as Exhibit E (`Loan Supplement"), copies of invoices for the Financed Equipment, and such additional information as Bank may request at least five (5) Business Days before the proposed funding date (the notice is irrevocable) by facsimile no later than 3:00 p.m. Eastern time one (1) Business Day before "Funding Date"). On each Funding Date, Bank will specify in the day on which Loan Supplement for each Equipment Advance, the Basic Rate, the Loan Factor, and the Payment Dates. If Borrower satisfies the conditions of each Equipment Advance is specified herein, Bank will disburse such Equipment Advance by internal transfer to be madeBorrower's deposit account with Bank. The notice Each Equipment Advance may not exceed 100% of the Original Stated Cost. (c) Bank's obligation to lend the undisbursed portion of the Committed Equipment Line will terminate if, in Bank's sole reasonable discretion, there has been a material adverse change in the form general affairs, management, results of EXHIBIT B operation, condition (Payment/Advance Formfinancial or otherwise) must be signed or the prospects of Borrower, whether or not arising from transactions in the ordinary course of business, or there has been any material adverse deviation by a Responsible Officer or designee Borrower from the most recent business plan of Borrower presented to and include a copy accepted by Bank prior to the execution of the invoice for the Equipment being financedthis Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Webridge Inc)

Equipment Advances. (ia) From Through January 31, 2004 (the Closing Date through "Equipment Availability End Date No. 1Date"), Bank shall will make advances ("Equipment Advances to Borrower Advance" and, collectively, "Equipment Advances") in an aggregate amount of the initial loan amount for each such Equipment Advance not exceeding the Committed Equipment Line No. 1Line. Provided that no Event of Default has occurred through March 31, 2002, from April 1, 2002 through Equipment Availability End Date No. 2, Bank shall make Equipment Advances to Borrower in an aggregate amount not exceeding the Committed Equipment Line No, 2. Except as provided below, the The Equipment Advances may only be used to finance Eligible Equipment purchased within ninety (90) days (determined based upon the applicable invoice date of such Eligible Equipment) of each Equipment Advance request. Notwithstanding the foregoing, Equipment Advances shall be permitted to finance or refinance Eligible Equipment purchased on or after August 1, 2001 (determined based upon 90 days before the applicable invoice date of such Eligible Equipment) provided that such each Equipment Advance requests are submitted to Bank within twenty (20) days after the Closing Date. Equipment Advances shall and may not exceed one hundred percent (100%) % of the invoice amount of such Eligible Equipment, invoices relating thereto excluding taxes, shipping, warranty charges, freight discounts and installation expense relating expense. Software, tenant improvements and other costs of a similar nature, all as deemed acceptable to Bank for advance purposes hereunder, may constitute up to 25% of the aggregate amount of Equipment Advances outstanding from time to time. Notwithstanding the foregoing, and solely with respect to the initial Equipment Advance to be made hereunder (as long as such Initial Equipment Advance is extended substantially concurrently with Borrower's execution and delivery of this Agreement to Bank), Bank agrees to fund as part of any such Equipment Advance an amount not to exceed $250,000 in the aggregate based on 100% of the depreciated value of certain items of Equipment, unless such costs constitute Other Equipment. Each Equipment Advance must which items are deemed to be for a minimum amount of $100,000.00satisfactory to Bank. (b) Interest accrues on all Equipment Advances under Committed Equipment Line No. 1 and Committed Equipment Line No. 2 from the date of the making of each such Equipment Advance at the per annum applicable rate described in Section 2.3(a), ) and shall be payable monthly on the Payment Date first day of each the month commencing with following the initial Payment Date following each making of such Equipment AdvanceAdvance and continuing until such Equipment Advance has been repaid in full. Each Equipment Advance under Committed Equipment Line No. 1 and Committed Equipment Line No. 2 shall be payable in (i) thirty-six (36) equal monthly installments of principal, plus (ii) monthly payments of accrued interest, principal beginning on the first Payment Date day of the month following the making of such Equipment Advance and continuing on the first day of each Payment Date of the succeeding thirty-five months thereafter through (such final installment payment date for such Equipment Advance is referred to herein as the "Equipment Maturity Date applicable Date" relating to such Equipment Advance), with the understanding that on each Equipment Maturity Date the related Equipment Advance and all related Obligations shall be repaid in full. Equipment Advances when repaid may not be reborrowed. (c) To obtain an Equipment Advance, Borrower must notify Bank (the notice is irrevocable) by facsimile no later than 3:00 12:00 p.m. Eastern Pacific time one (1) 1 Business Day before the day on which the Equipment Advance is to be made. The notice in the form of EXHIBIT Exhibit B (Payment/Advance Form) must be signed by a Responsible Officer or written designee and include a copy of the invoice for and other documentary information as the Bank may reasonably request in connection with the Equipment being financedthat is the subject of the Equipment Advance proposed to be made.

Appears in 1 contract

Samples: Loan and Security Agreement (Kintera Inc)

Equipment Advances. (ia) From Subject to the Closing Date through Equipment Availability End Date No. 1terms and conditions of this Agreement, Bank shall make Equipment Advances agrees to lend to Borrower equipment advances (the “Equipment Advances”) in an aggregate amount not exceeding to exceed the Committed Equipment Line No. 1Line. Provided that no Event of Default has occurred through March 31, 2002, from April 1, 2002 through Equipment Availability End Date No. 2, Bank shall make Equipment Advances to Borrower in an aggregate amount not exceeding the Committed Equipment Line No, 2. Except as provided below, the The Equipment Advances may only be used to finance purchase Eligible Equipment purchased within ninety after the Effective Date. Each Equipment Advance, when repaid, may not be re-borrowed. Bank’s obligation to make Equipment Advances shall terminate on the earlier of (90i) days the occurrence and continuance of an Event of Default, or (determined based upon ii) the applicable invoice date of such Eligible Equipment) of each Commitment Termination Date. Each Equipment Advance requestshall be for an amount greater than or equal to $50,000. Notwithstanding the foregoing, The Equipment Advances shall be permitted made during the twelve-month period commencing on the Effective Date and ending on the Commitment Termination Date, and the proceeds thereof shall be used to finance reimburse Borrower for 100% of the Book Value of Eligible Equipment purchased on or after August 1, 2001 (determined based upon the applicable invoice date of by Borrower during such Eligible Equipment) provided that such Equipment Advance requests are submitted to Bank within twenty (20) days after the Closing Date. Equipment Advances shall not exceed one hundred percent (100%) of the invoice amount of such Eligible Equipment, excluding taxes, shipping, warranty charges, freight discounts and installation expense relating to such Equipment, unless such costs constitute Other Equipment. Each Equipment Advance must be for a minimum amount of $100,000.00twelve-month period. (b) Interest accrues on all Equipment Advances under Committed Equipment Line No. 1 and Committed Equipment Line No. 2 from the date of each such Equipment Advance at the per annum rate described in Section 2.3(a), and shall be payable monthly on the Payment Date of each month commencing with the initial Payment Date following each such Equipment Advance. Each Equipment Advance under Committed Equipment Line No. 1 and Committed Equipment Line No. 2 shall be payable in (i) thirty-six (36) equal monthly installments of principal, plus (ii) monthly payments of accrued interest, beginning on the first Payment Date following such Equipment Advance and continuing on each Payment Date thereafter through the Equipment Maturity Date applicable to such Equipment Advance, Equipment Advances when repaid may not be reborrowed. (c) To obtain an Equipment Advance, Borrower must notify Bank (the notice is irrevocable) will deliver to Bank, by facsimile no later than 3:00 p.m. Eastern time p.m., Pacific Time, at least one (1) Business Day before the day on which the Equipment Advance is to be made. The notice proposed Funding Date, a completed supplement in the form of EXHIBIT B attached hereto as Exhibit C (Payment/Advance Form“Loan Supplement”) must be signed by a Responsible Officer or designee his or her designee, copies of invoices for the Financed Equipment and include a copy such additional information as Bank may request. On the Funding Date, Bank will specify in the Loan Supplement the interest rate and the Payment Dates. If Borrower satisfies the conditions precedent for the making of the invoice Equipment Advances specified herein, Bank will disburse such Equipment Advance by internal transfer to Borrower’s deposit account with Bank. The Loan Supplement for each Equipment Advance shall be considered a promissory note evidencing the amounts due under such Equipment Advance. (c) Bank’s obligation to make the Equipment being financedAdvances will terminate if, in Bank’s sole discretion, there has been a Material Adverse Change or there has occurred any material adverse deviation from the most recent business plan of Borrower presented to and accepted by Bank prior to the execution of this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Intraware Inc)

Equipment Advances. (ia) From At any time from the Closing Date date hereof through October 31, 1998 (the "Equipment Availability End Date No. 1One"), Borrowers may from time to time request advances (each, together with the advances described in subsection (b) below, an "Equipment Advance" and collectively, the "Equipment Advances") from Bank shall make Equipment Advances to Borrower in an aggregate amount not exceeding to exceed the Committed Equipment Line Line. Amounts borrowed pursuant to this Section 2.2(a) may not be readvanced. All Equipment Advances made prior to the Equipment Availability End Date One shall be evidenced by an Equipment Term Note ("Equipment Term Note No. 1") to be executed and delivered by Borrowers to Bank on the Closing Date. All Equipment Advances prior to the Equipment Availability End Date shall be repaid in accordance with the terms of Equipment Term Note No. 1. (b) At any time from November 1. Provided that no Event of Default has occurred , 1998 through March 31, 2002, from April 1, 2002 through 1999 (the "Equipment Availability End Date No. 2Two"), Borrowers may from time to time request advances from Bank shall make Equipment Advances to Borrower in an aggregate amount not exceeding to exceed the Committed Equipment Line No, 2Line. Except as provided below, Amounts borrowed pursuant to this Section 2.2(b) may not be readvanced. All Equipment Advances made after the Equipment Availability End Date One, but prior to the Equipment Availability End Date Two shall be evidenced by an Equipment Term Note ("Equipment Term Note No. 2") to be executed and delivered by Borrowers to Bank on the Closing Date. All Equipment Advances may only shall be used repaid in accordance with the terms of Equipment Term Note No. 2. (c) Borrowers shall deliver to finance Eligible Equipment purchased within ninety (90) days (determined based upon Bank, at the applicable invoice date of such Eligible Equipment) time of each Equipment Advance requestan invoice for the equipment to be purchased. Notwithstanding the foregoing, The Equipment Advances shall be permitted used by Borrowers only to finance Eligible Equipment purchased on or after August 1, 2001 (determined based upon the applicable invoice date of such Eligible Equipment) provided that such Equipment Advance requests are submitted to Bank within twenty (20) days after the Closing Date. Equipment Advances purchase equipment and shall not exceed one hundred ninety percent (10090%) of the invoice amount of such Eligible Equipmentequipment approved from time to time by Bank, excluding taxes, shipping, warranty charges, freight discounts and installation expense relating expense. Software may, however, constitute up to such Equipment, unless such costs constitute Other Equipment. Each Five Hundred Thousand Dollars ($500,000) of the aggregate Equipment Advance must be for a minimum amount of $100,000.00Advances. (bd) Interest accrues on all Equipment Advances under Committed Equipment Line No. 1 and Committed Equipment Line No. 2 shall accrue from the date of each such Equipment Advance at the per annum rate described specified in Section 2.3(a), the applicable Equipment Term Note and shall be payable monthly as provided therein. Any Equipment Advances that are outstanding on the Payment Equipment Availability End Date of each month commencing with the initial Payment Date following each such Equipment Advance. Each Equipment Advance under Committed Equipment Line No. 1 and Committed Equipment Line No. 2 shall One will be payable in (i) thirtyThirty-six Six (36) equal monthly installments of principal, plus (ii) monthly payments of and accrued interest, beginning on the first Payment Date of each month following such the Equipment Advance Availability End Date One. Any Equipment Advances that are outstanding on the Equipment Availability End Date Two will be payable in Thirty-Six (36) equal monthly installments of principal, and continuing accrued interest, beginning on each the first Payment Date thereafter through of each month following the Equipment Maturity Availability End Date applicable to such Equipment Advance, Equipment Advances when repaid may not be reborrowedTwo. (ce) To When Borrowers desire to obtain an Equipment Advance, Borrower must Borrowers shall notify Bank (the which notice is shall be irrevocable) by facsimile transmission to be received no later than 3:00 1:00 p.m. Eastern Washington, D.C. time one (1) Business Day before the day on which the Equipment Advance is to be made. The Such notice shall be substantially in the form of EXHIBIT B (Payment/Advance Form) must B. The notice shall be signed by a Responsible Officer or designee and include a copy of the invoice for the Equipment being to be financed. (f) NOTWITHSTANDING ANYTHING SET FORTH HEREIN OR IN ANY OF THE LOAN DOCUMENTS TO THE CONTRARY, THE BORROWERS AND THE BANK AGREE THAT THE MAXIMUM AMOUNT OUTSTANDING UNDER THE COMMITTED EQUIPMENT LINE OF CREDIT MAY NOT EXCEED ONE MILLION DOLLARS ($1,000,000), UNTIL SUCH TIME AS THE BORROWERS HAVE RECEIVED A WRITTEN CONFIRMATION FROM BANK THAT THE BORROWERS HAVE SATISFIED THE MINIMUM EQUITY REQUIREMENT.

Appears in 1 contract

Samples: Loan and Security Agreement (Isky Inc)

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Equipment Advances. (ia) From Subject to and upon the terms and conditions of this Agreement, at any time from the Closing Date through the Equipment Availability End Date No. 1Drawdown Expiration Period, Bank shall agrees to make advances (each an "Equipment Advances Advance" and, collectively, the "Equipment Advances") to Borrower in an aggregate outstanding amount not exceeding the Committed Equipment Line No. 1. Provided that no Event of Default has occurred through March 31, 2002, from April 1, 2002 through Equipment Availability End Date No. 2, Bank shall make Equipment Advances to Borrower in an aggregate amount not exceeding the Committed Equipment Line No, 2. Except as provided below, exceed the Equipment Advances may only be used to finance Eligible Equipment purchased within ninety (90) days (determined based upon the applicable invoice date of such Eligible Equipment) of each Line. Each Equipment Advance request. Notwithstanding the foregoing, Equipment Advances shall be permitted to finance Eligible Equipment purchased on or after August 1, 2001 (determined based upon the applicable invoice date of such Eligible Equipment) provided that such Equipment Advance requests are submitted to Bank within twenty (20) days after the Closing Date. Equipment Advances shall not exceed one hundred ninety percent (10090%) of the invoice amount of such Eligible Equipmentequipment, software and corporate purposes approved by Bank from time to time (which Borrower shall, in any case, have purchased within 90 days of the date of the corresponding Equipment Advance), excluding taxes, shipping, warranty charges, freight discounts and installation expense relating to such Equipment, unless such costs constitute Other Equipment. Each Equipment Advance must be for a minimum amount of $100,000.00expense. (b) Interest accrues on all Equipment Advances under Committed Equipment Line No. 1 and Committed Equipment Line No. 2 shall accrue from the date of each such Equipment Advance at the per annum rate described in Section 2.3(a)specified below, and shall be payable monthly on the Payment Date last day of each month commencing with through the initial Payment Date following each such Equipment AdvanceDrawdown Expiration Period. Each Any Equipment Advance under Committed Advances that are outstanding on the Equipment Line No. 1 and Committed Equipment Line No. 2 Drawdown Expiration Period shall be payable in (i) thirty-six (36) equal monthly installments of principal, plus (ii) monthly payments of all accrued interest, beginning on the last day of the first Payment Date following such month after the Equipment Advance Drawdown Expiration Period and continuing on the same day of each Payment Date month thereafter through the Equipment Maturity Date applicable to such Date, at which time all amounts due under this Section 2.1.2 shall be immediately due and payable. Equipment AdvanceAdvances, Equipment Advances when repaid once repaid, may not be reborrowed. Borrower may prepay any Equipment Advances without penalty or premium. (c) To obtain Whenever Borrower desires an Equipment Advance, Borrower must will notify Bank (the notice is irrevocable) by facsimile transmission or telephone no later than 3:00 p.m. Eastern California time, on the Business Day that a Prime Rate Equipment Advance is to be made, and 3:00 p.m. California time one on the Business Day that is three (13) Business Days prior to the Business Day before the day on which the a LIBOR Rate Equipment Advance is to be made. The notice Each such notification shall be promptly confirmed by a Payment/Advance Form in substantially the form of EXHIBIT B (Payment/Advance Form) must be Exhibit B-1 hereto, signed by a Responsible Officer or a designee thereof, and shall include a copy of the invoice for any Equipment to be financed. Each such notice shall specify: (i) the date such Equipment Advance is to be made, which shall be a Business Day; (ii) the amount of such Equipment Advance; (iii) whether such Equipment Advance is to be a Prime Rate Equipment Advance or a LIBOR Rate Equipment Advance; and (iv) if the Equipment being financedAdvance is to be a LIBOR Rate Equipment Advance, the Interest Period for such Equipment Advance. Each written request for an Equipment Advance, and each confirmation of a telephone request for such an Advance, shall be in substantially the form of Exhibit B-1 hereto executed by Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Seebeyond Technology Corp)

Equipment Advances. (ia) From Subject to and upon the Closing Date terms and conditions of this Agreement, at any time from the date hereof through April 21, 1998 (the "Equipment Availability End Date No. 1Date"), Bank shall agrees to make advances (each an "Equipment Advances Advance" and collectively, the "Equipment Advances") to Borrower in an aggregate outstanding amount not exceeding to exceed the Committed Equipment Line No. 1Line. Provided that no Event of Default has occurred through March 31, 2002, from April 1, 2002 through Equipment Availability End Date No. 2, Bank shall make Equipment Advances to Borrower in an aggregate amount not exceeding the Committed Equipment Line No, 2. Except as provided below, To evidence the Equipment Advances may only be used Advance or Equipment Advances, Borrower shall deliver to finance Eligible Equipment purchased within ninety (90) days (determined based upon Bank, at the applicable invoice date of such Eligible Equipment) time of each Equipment Advance request, an invoice for the Equipment, software and leaseholds to be purchased. Notwithstanding the foregoing, The Equipment Advances shall be permitted used only to finance Eligible Equipment purchased on or after August 1purchase Equipment, 2001 (determined based upon the applicable invoice date of such Eligible Equipment) provided that such Equipment Advance requests are submitted to Bank within twenty (20) days after the Closing Date. Equipment Advances software and leaseholds and shall not exceed one hundred percent One Hundred Percent (100%) of the invoice amount of such Eligible Equipmentequipment, software and leaseholds approved from time to time by Bank, excluding taxes, shipping, warranty charges, freight discounts and installation expense relating to such Equipment, unless such costs constitute Other Equipment. Each Equipment Advance must be for a minimum amount of $100,000.00expense. (b) Interest accrues on all Equipment Advances under Committed Equipment Line No. 1 and Committed Equipment Line No. 2 shall accrue from the date of each such Equipment Advance at the per annum rate described specified in Section 2.3(aSECTION 2.3(A)(ii), and shall be payable monthly for each month through the month in which the Equipment Availability End Date falls. Any Equipment Advances that are outstanding on the Payment Equipment Availability End Date of each month commencing with the initial Payment Date following each such Equipment Advance. Each Equipment Advance under Committed Equipment Line No. 1 and Committed Equipment Line No. 2 shall will be payable in (i) thirty-six (36) equal monthly installments of principal, plus (ii) monthly payments of and all accrued interest, beginning on the first Payment Date of each month following such the Equipment Advance Availability End Date and continuing on each Payment Date thereafter through ending no later than the Equipment Maturity Date applicable to such Date. Equipment AdvanceAdvances, Equipment Advances when repaid once repaid, may not be reborrowed. (c) To When Borrower desires to obtain an Equipment Advance, Borrower must shall notify Bank (the which notice is shall be irrevocable) by facsimile transmission to be received no later than 3:00 p.m. Eastern Pacific time one (1) Business Day before the day on which the Equipment Advance is to be made. The Such notice shall be substantially in the form of EXHIBIT B (Payment/Advance Form) must B. The notice shall be signed by a Responsible Officer or its designee and include a copy of the invoice for the Equipment being to be financed. Borrower promises to pay to the order of Bank, in lawful money of the United States of America, the aggregate unpaid principal amount of all Advances made by Bank to Borrower hereunder. Borrower shall also pay interest on the unpaid principal amount of such Advances at rates in accordance with the terms hereof.

Appears in 1 contract

Samples: Loan and Security Agreement (MMC Networks Inc)

Equipment Advances. (ia) From Subject to the Closing Date through Equipment Availability End Date No. 1terms and conditions of this Agreement, Bank shall make agrees to lend to Borrower, from time to time prior to the Commitment Termination Date, equipment advances (each an “Equipment Advances to Borrower Advance” and collectively the “Equipment Advances”) in an aggregate amount not exceeding to exceed the Committed Equipment Line No. 1Line. Provided that no Event of Default has occurred through March 31, 2002, from April 1, 2002 through Equipment Availability End Date No. 2, Bank shall make Equipment Advances to Borrower in an aggregate amount not exceeding the Committed Equipment Line No, 2. Except as provided belowWhen repaid, the Equipment Advances may only not be re-borrowed. The proceeds of the Equipment Advances will be used solely to finance Eligible Equipment purchased within ninety (90) days (determined based upon reimburse Borrower for the applicable invoice date purchase of such Eligible Equipment) of each Equipment Advance request. Notwithstanding the foregoing, Equipment Advances shall be permitted to finance Eligible Equipment purchased on or after August 1and 90 days prior to the making of an Equipment Advance, 2001 provided, how ever, with respect to the first Equipment Advance hereunder only (determined based upon the applicable invoice date of such Eligible Equipment) provided that and only if such Equipment Advance requests are submitted to Bank within twenty (20) days after the Closing Date. Equipment Advances shall not exceed one hundred percent (100%) is made substantially concurrently of the invoice amount date of the execution hereof), the proceeds of such Eligible Equipment, excluding taxes, shipping, warranty charges, freight discounts and installation expense relating to such Equipment, unless such costs constitute Other Equipment. Each Equipment Advance must may be used to reimburse Borrower for a minimum amount the purchase of $100,000.00equipment purchased on and after January 1, 2003. (b) Interest accrues on all Equipment Advances under Committed Equipment Line No. 1 and Committed Equipment Line No. 2 from the date of each such Equipment Advance at the per annum rate described in Section 2.3(a), and shall be payable monthly on the Payment Date of each month commencing with the initial Payment Date following each such Equipment Advance. Each Equipment Advance under Committed Equipment Line No. 1 and Committed Equipment Line No. 2 shall be payable in (i) thirty-six (36) equal monthly installments of principal, plus (ii) monthly payments of accrued interest, beginning on the first Payment Date following such Equipment Advance and continuing on each Payment Date thereafter through the Equipment Maturity Date applicable to such Equipment Advance, Equipment Advances when repaid may not be reborrowed. (c) To obtain an Equipment Advance, Borrower must notify will deliver to Bank a completed supplement in substantially the form attached as Exhibit C (the notice is irrevocable) by facsimile no later than 3:00 p.m. Eastern time one “Loan Supplement”), copies of invoices for the Financed Equipment, together with a UCC Financing Statement covering the Equipment described on the Loan Supplement, and such additional information as Bank may request, all at least five (15) Business Day Days before the day on which proposed funding date (the “Funding Date”). On each Funding Date, Bank will specify in the Loan Supplement for each Equipment Advance, the Basic Rate, the Loan Factor, and the Payment Dates. If Borrower satisfies the conditions of each Equipment Advance is specified herein, Bank will disburse such Equipment Advance by internal transfer to be madeBorrower’s deposit account with Bank. The notice Each Equipment Advance may not exceed 100% of the Original Stated Cost of the proposed Financed Equipment. (c) Bank’s obligation to lend the undisbursed portion of the Committed Equipment Line will terminate if, in Bank’s sole discretion, there has been a material adverse change in the form general affairs, management, results of EXHIBIT B operation, condition (Payment/Advance Formfinancial or otherwise) must be signed or the prospects of Borrower, whether or not arising from transactions in the ordinary course of business, or there has been any material adverse deviation by a Responsible Officer or designee Borrower from the most recent business plan of Borrower presented to and include a copy accepted by Bank prior to the execution of the invoice for the Equipment being financedthis Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Salmedix Inc)

Equipment Advances. At any time from the date hereof through September 30, 1997 (i) From the Closing Date through "Equipment Availability End Date No. 1Date"), Borrower may from time to time request advances (each an "Equipment Advance" and collectively, "Equipment Advances") from Bank shall make Equipment Advances to Borrower in an aggregate amount not exceeding to exceed the Committed Equipment Line No. 1Commitment Amount less the outstanding balance under the Working Capital Loan Account (as hereinafter defined). Provided that no Event of Default has occurred through March 31, 2002, from April 1, 2002 through Equipment Availability End Date No. 2, Bank shall make Equipment Advances When Borrower desires to Borrower in an aggregate amount not exceeding the Committed Equipment Line No, 2. Except as provided below, the Equipment Advances may only be used to finance Eligible Equipment purchased within ninety (90) days (determined based upon the applicable invoice date of such Eligible Equipment) of each Equipment Advance request. Notwithstanding the foregoing, Equipment Advances shall be permitted to finance Eligible Equipment purchased on or after August 1, 2001 (determined based upon the applicable invoice date of such Eligible Equipment) provided that such Equipment Advance requests are submitted to Bank within twenty (20) days after the Closing Date. Equipment Advances shall not exceed one hundred percent (100%) of the invoice amount of such Eligible Equipment, excluding taxes, shipping, warranty charges, freight discounts and installation expense relating to such Equipment, unless such costs constitute Other Equipment. Each Equipment Advance must be for a minimum amount of $100,000.00. (b) Interest accrues on all Equipment Advances under Committed Equipment Line No. 1 and Committed Equipment Line No. 2 from the date of each such Equipment Advance at the per annum rate described in Section 2.3(a), and shall be payable monthly on the Payment Date of each month commencing with the initial Payment Date following each such Equipment Advance. Each Equipment Advance under Committed Equipment Line No. 1 and Committed Equipment Line No. 2 shall be payable in (i) thirty-six (36) equal monthly installments of principal, plus (ii) monthly payments of accrued interest, beginning on the first Payment Date following such Equipment Advance and continuing on each Payment Date thereafter through the Equipment Maturity Date applicable to such Equipment Advance, Equipment Advances when repaid may not be reborrowed. (c) To obtain an Equipment Advance, Borrower must shall notify Bank (the which notice is shall be irrevocable) by facsimile in accordance with Section 2 hereof, to be received no later than 3:00 p.m. Eastern pacific time one (1) Business Day business day before the day on which the Equipment Advance is to be made. The notice in the form of EXHIBIT B (Payment/Advance Form) must shall be signed by a Responsible Officer or designee an officer of Borrower and include a copy of the invoice for the equipment to be financed. Equipment being financedAdvances may only be used to purchase equipment and will be limited to one hundred percent (100%) of the invoice amount for such equipment, approved from time to time by Bank, less any taxes, shipping and freight charges or discounts, warranty charges, installation expenses and other soft costs, as may be reasonably identified by Bank from time to time. The amount of each Equipment Advance shall be debited to the loan ledger account of Borrower maintained by Bank with respect to Equipment Advances (herein called the "Equipment Loan Account") and Bank shall credit Bank the outstanding unpaid principal balance (and all accrued unpaid interest thereon) of the Equipment Loan Account on March 31, 2000 (the "Equipment Maturity Date"). (i) INTEREST PAYMENTS PRIOR TO EQUIPMENT AVAILABILITY END DATE. Borrower further promises to pay to Bank from the date of the initial Equipment Advance through the Equipment Availability End Date, on or before the tenth (10th) day of each month, and each month thereafter through and including a payment on October 10, 1997, interest on the average daily unpaid balance of the Equipment Loan Account during the immediately preceding month at the rate of interest per annum which Bank has announced as its prime lending rate (the "Prime Rate"), which shall vary concurrently with any change in the Prime Rate. Interest shall be computed at the above rate on the basis of the actual number of days during which the principal balance of the Equipment Loan Account is outstanding divided by 360, which shall for interest computation purposes be considered one (1) year.

Appears in 1 contract

Samples: Loan Agreement (Salon Internet Inc)

Equipment Advances. A new Section 2.1.5 is hereby added to read in full as follows: (ia) From Subject to the Closing Date through Equipment Availability End Date No. 1terms and conditions of this Agreement, Bank shall make Equipment Advances agrees to lend to Borrower equipment advances (the “Equipment Advances”) in an aggregate amount not exceeding to exceed the Committed Equipment Line No. 1Line. Provided that no Event of Default has occurred through March 31, 2002, from April 1, 2002 through Equipment Availability End Date No. 2, Bank shall make Equipment Advances to Borrower in an aggregate amount not exceeding the Committed Equipment Line No, 2. Except as provided below, the The Equipment Advances may only be used to finance Eligible for any purpose. Each Equipment purchased within ninety (90) days (determined based upon the applicable invoice date of such Eligible Equipment) of each Equipment Advance requestAdvance, when repaid, may not be re-borrowed. Notwithstanding the foregoing, All Equipment Advances shall be permitted made during the twelve-month period ending on the Commitment Termination Date, and Bank’s obligation to finance Eligible Equipment purchased on or after August 1, 2001 (determined based upon the applicable invoice date of such Eligible Equipment) provided that such Equipment Advance requests are submitted to Bank within twenty (20) days after the Closing Date. make Equipment Advances shall not exceed one hundred percent terminate on the earlier of (100%i) the occurrence and continuance of an Event of Default, or (ii) the invoice amount of such Eligible Equipment, excluding taxes, shipping, warranty charges, freight discounts and installation expense relating to such Equipment, unless such costs constitute Other EquipmentCommitment Termination Date. Each Equipment Advance must shall be for a minimum an amount of greater than or equal to $100,000.0025,000.00, and there shall be no more than five Equipment Advances hereunder. (b) Interest accrues on all Equipment Advances under Committed Equipment Line No. 1 and Committed Equipment Line No. 2 from the date of each such Equipment Advance at the per annum rate described in Section 2.3(a), and shall be payable monthly on the Payment Date of each month commencing with the initial Payment Date following each such Equipment Advance. Each Equipment Advance under Committed Equipment Line No. 1 and Committed Equipment Line No. 2 shall be payable in (i) thirty-six (36) equal monthly installments of principal, plus (ii) monthly payments of accrued interest, beginning on the first Payment Date following such Equipment Advance and continuing on each Payment Date thereafter through the Equipment Maturity Date applicable to such Equipment Advance, Equipment Advances when repaid may not be reborrowed. (c) To obtain an Equipment Advance, Borrower must notify Bank (the notice is irrevocable) by facsimile no later than 3:00 p.m. Eastern time or telephone by 12:00 p.m., Pacific Time, at least one (1) Business Day before the day proposed Funding Date. Borrower must promptly confirm the notification by delivering to Bank a completed Loan Payment/Advance Request Form in the form attached hereto as Exhibit B. On the Funding Date, Bank will specify the Payment Dates on which the Equipment Advance is will be repaid, and Bank will disburse such Equipment Advance by internal transfer to be madeBorrower’s deposit account with Bank. The notice in the form of EXHIBIT B (Payment/Advance Form) must be signed by Bank may make Equipment Advances under this Agreement based on instructions from a Responsible Officer or designee and include his or her designee. Bank may rely on any telephone notice given by a copy of the invoice person whom Bank reasonably believes is a Responsible Officer or designee. Borrower will indemnify Bank for any loss Bank suffers due to such reliance. (c) Bank’s obligation to make the Equipment being financedAdvances will terminate if, in Bank’s sole discretion, there has been a Material Adverse Change or there has occurred any material adverse deviation from the most recent business plan of Borrower presented to and accepted by Bank prior to the execution of this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Broadvision Inc)

Equipment Advances. (ia) From Subject to the Closing Date through Equipment Availability End Date No. 1terms and conditions of this Agreement, Bank shall make agrees to lend to Borrower, from time to time prior to the Commitment Termination Date, equipment advances (each an "Equipment Advances to Borrower Advance" and collectively the "Equipment Advances") in an aggregate amount not exceeding to exceed the Committed Equipment Line No. 1Line. Provided that Notwithstanding the foregoing, no Event of Default has occurred through March 31, 2002, from April 1, 2002 through Equipment Availability End Date No. 2, Bank shall make Equipment Advances shall be made until Viacord, Inc. executes a Guaranty in favor of the Bank and provides authority documents to Borrower the Bank in an aggregate amount not exceeding connection therewith, each in form and substance acceptable to the Committed Equipment Line No, 2Bank. Except as provided belowWhen repaid, the Equipment Advances may only not be re-borrowed. The proceeds of the Equipment Advances shall be used solely to finance reimburse Borrower for the purchase of Eligible Equipment purchased within ninety sixty (9060) days (determined based upon the applicable invoice date of such Eligible Equipment) of each the Equipment Advance requestAdvance. Notwithstanding the foregoing, an Equipment Advances shall Advance made on the Closing Date may be permitted used to finance reimburse Borrower for the purchase of Eligible Equipment purchased on or after August July 1, 2001 1999. Bank's obligation to lend hereunder shall terminate on the earlier of (determined based upon i) the applicable invoice date occurrence and continuance of such Eligible Equipmentan Event of Default, or (ii) provided that such Equipment Advance requests are submitted to Bank within twenty (20) days after the Closing Commitment Termination Date. Equipment Advances shall not exceed one hundred percent (100%) For purposes of this Section, the invoice amount of such Eligible Equipment, excluding taxes, shipping, warranty charges, freight discounts and installation expense relating to such Equipment, unless such costs constitute Other Equipment. Each Equipment Advance must be for a minimum amount of each Equipment Advance is Fifty Thousand Dollars ($100,000.0050,000.00). The Borrower may request no more than six (6) Equipment Advances for the refinance of Equipment. (b) Interest accrues on all Equipment Advances under Committed Equipment Line No. 1 and Committed Equipment Line No. 2 from the date of each such Equipment Advance at the per annum rate described in Section 2.3(a), and shall be payable monthly on the Payment Date of each month commencing with the initial Payment Date following each such Equipment Advance. Each Equipment Advance under Committed Equipment Line No. 1 and Committed Equipment Line No. 2 shall be payable in (i) thirty-six (36) equal monthly installments of principal, plus (ii) monthly payments of accrued interest, beginning on the first Payment Date following such Equipment Advance and continuing on each Payment Date thereafter through the Equipment Maturity Date applicable to such Equipment Advance, Equipment Advances when repaid may not be reborrowed. (c) To obtain an Equipment Advance, Borrower must notify shall deliver to Bank (the notice is irrevocable) by facsimile no later than 3:00 p.m. Eastern time one (1) Business Day before the day on which the Equipment Advance is to be made. The notice a completed supplement in substantially the form of attached as EXHIBIT B (Payment/"Loan Supplement"), together with a UCC Financing Statement covering the Financed Equipment described on Annex A to the applicable Loan Supplement and such additional information as Bank may reasonably request at least five (5) Business Days before the proposed funding date (the "Funding Date"). On each Funding Date, Bank shall specify in the Loan Supplement for each Equipment Advance, the Basic Rate, and the Payment Dates. If Borrower satisfies the conditions of each Equipment Advance, Bank shall disburse such Equipment Advance Form) must be signed by a Responsible Officer or designee and include a copy internal transfer to Borrower's deposit account with Bank. Each Equipment Advance may not exceed 100% of the invoice for Original Stated Cost of the Financed Equipment. (c) Bank's obligation to lend the undisbursed portion of the Committed Equipment being financedLine shall terminate if there has been a material adverse change in the general affairs, management, results of operation, condition (financial or otherwise) or the prospects of Borrower, whether or not arising from transactions in the ordinary course of business, or there has been any material adverse deviation by Borrower from the most recent business plan of Borrower presented to and accepted by Bank prior to the execution of this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Viacell Inc)

Equipment Advances. (ia) From Subject to the Closing Date through Equipment Availability End Date No. 1terms and conditions of this Agreement, Bank shall make agrees to lend to Borrower, from time to time prior to the Commitment Termination Date, equipment advances (each an "Equipment Advances to Borrower Advance" and collectively the "Equipment Advances") in an aggregate amount not exceeding to exceed the Committed Equipment Line No. 1Line. Provided that no Event of Default has occurred through March 31, 2002, from April 1, 2002 through Equipment Availability End Date No. 2, Bank shall make Equipment Advances to Borrower in an aggregate amount not exceeding the Committed Equipment Line No, 2. Except as provided belowWhen repaid, the Equipment Advances may only not be reborrowed. The proceeds of the Equipment Advances will be used solely to finance reimburse Borrower for the purchase of Eligible Equipment purchased within ninety (90) days of the Equipment Advance. Bank's obligation to lend hereunder shall terminate on the earlier of (determined based upon i) the applicable invoice date occurrence and continuance of such Eligible Equipmentan Event of Default, or (ii) the Commitment Termination Date. For purposes of this Section, the minimum amount of each Equipment Advance request. Notwithstanding the foregoingis Two Hundred Fifty Thousand Dollars ($250,000), Equipment Advances shall be permitted to finance Eligible Equipment purchased on or after August 1, 2001 (determined based upon the applicable invoice date of such Eligible Equipment) provided that such Borrower must draw down not less than One Million Dollars ($1,000,000) on the Committed Equipment Advance requests are submitted to Bank Line within twenty thirty (2030) days after of the Closing Date. The maximum number of Equipment Advances shall that will be made is six (6). (b) To obtain an Equipment Advance, Borrower will deliver to Bank a completed supplement in substantially the form attached AS EXHIBIT E ("Loan Supplement"), copies of invoices for the Financed Equipment, together with a UCC Financing Statement, if requested by Bank, covering the Equipment described on the Loan Supplement, and such additional information as Bank may request at least five (5) Business Days before the proposed funding date (the "Funding Date"). On each Funding date, Bank will specify in the Loan Supplement for each Equipment Advance, the Basic Rate, the Loan Factor, and the Payment Dates. If Borrower satisfies the conditions of each Equipment Advance specified herein, Bank will disburse such Equipment Advance by internal transfer to Borrower's deposit account with Bank. Each Equipment Advance may not exceed one hundred percent (100%) of the invoice amount of such Eligible Equipment, excluding taxes, shipping, warranty charges, freight discounts and installation expense relating to such Equipment, unless such costs constitute Other Equipment. Each Equipment Advance must be for a minimum amount of $100,000.00Original Stated Cost. (b) Interest accrues on all Equipment Advances under Committed Equipment Line No. 1 and Committed Equipment Line No. 2 from the date of each such Equipment Advance at the per annum rate described in Section 2.3(a), and shall be payable monthly on the Payment Date of each month commencing with the initial Payment Date following each such Equipment Advance. Each Equipment Advance under Committed Equipment Line No. 1 and Committed Equipment Line No. 2 shall be payable in (i) thirty-six (36) equal monthly installments of principal, plus (ii) monthly payments of accrued interest, beginning on the first Payment Date following such Equipment Advance and continuing on each Payment Date thereafter through the Equipment Maturity Date applicable to such Equipment Advance, Equipment Advances when repaid may not be reborrowed. (c) To obtain an Equipment Advance, Borrower must notify Bank (the notice is irrevocable) by facsimile no later than 3:00 p.m. Eastern time one (1) Business Day before the day on which the Equipment Advance is to be made. The notice in the form of EXHIBIT B (Payment/Advance Form) must be signed by a Responsible Officer or designee and include a copy of the invoice for the Equipment being financed.

Appears in 1 contract

Samples: Loan and Security Agreement (Synchronoss Technologies Inc)

Equipment Advances. (ia) From Subject to the Closing Date through Equipment Availability End Date No. 1terms and conditions of this Agreement, Bank shall make agrees to lend to Borrower, from time to time prior to the Commitment Termination Date, equipment advances (each an "Equipment Advances to Borrower Advance" and collectively the "Equipment Advances") in an aggregate amount not exceeding to exceed the Committed Equipment Line No. 1Line. Provided that no Event of Default has occurred through March 31, 2002, from April 1, 2002 through Equipment Availability End Date No. 2, Bank shall make Equipment Advances to Borrower in an aggregate amount not exceeding the Committed Equipment Line No, 2. Except as provided belowWhen repaid, the Equipment Advances may only not be re-borrowed. The proceeds of the Equipment Advances will be used solely to finance reimburse Borrower for the purchase of Eligible Equipment purchased within ninety on and after 120 days prior to the making of an Equipment Advance. Each Loan Supplement relating to an Equipment Advance shall be considered a promissory note evidencing the amounts due hereunder for all purposes. Bank's obligation to make Equipment Advances hereunder shall terminate on the earlier of (90i) days the occurrence and continuance of an Event of Default, (determined based upon ii) the applicable invoice date Commitment Termination Date or (iii) the occurrence of such Eligible Equipmentany event in clause (c) below. For purposes hereof, the minimum amount of each Equipment Advance request. Notwithstanding is $50,000 and the foregoing, maximum number of Equipment Advances shall to be permitted to finance Eligible Equipment purchased on or after August 1, 2001 (determined based upon the applicable invoice date of such Eligible Equipment) provided that such Equipment Advance requests are submitted to Bank within twenty (20) days after the Closing Date. Equipment Advances shall not exceed one hundred percent (100%) of the invoice amount of such Eligible Equipment, excluding taxes, shipping, warranty charges, freight discounts and installation expense relating to such Equipment, unless such costs constitute Other Equipment. Each Equipment Advance must be for a minimum amount of $100,000.00made per month is one. (b) Interest accrues on all Equipment Advances under Committed Equipment Line No. 1 and Committed Equipment Line No. 2 from the date of each such Equipment Advance at the per annum rate described in Section 2.3(a), and shall be payable monthly on the Payment Date of each month commencing with the initial Payment Date following each such Equipment Advance. Each Equipment Advance under Committed Equipment Line No. 1 and Committed Equipment Line No. 2 shall be payable in (i) thirty-six (36) equal monthly installments of principal, plus (ii) monthly payments of accrued interest, beginning on the first Payment Date following such Equipment Advance and continuing on each Payment Date thereafter through the Equipment Maturity Date applicable to such Equipment Advance, Equipment Advances when repaid may not be reborrowed. (c) To obtain an Equipment Advance, Borrower must notify will deliver to Bank a completed supplement in substantially the form attached as Exhibit C (the notice is irrevocable) by facsimile no later than 3:00 p.m. Eastern time one "Loan Supplement"), copies of invoices for the Financed Equipment, together with a UCC Financing Statement covering the Equipment described on the Loan Supplement, and such additional information as Bank may request, all at least five (15) Business Day Days before the day on which proposed funding date (the "Funding Date"). On each Funding Date, Bank will specify in the Loan Supplement for each Equipment Advance, the Basic Rate, the Loan Factor, and the Payment Dates. If Borrower satisfies the conditions of each Equipment Advance is specified herein, Bank will disburse such Equipment Advance by internal transfer to be madeBorrower's deposit account with Bank. The notice Each Equipment Advance may not exceed 100% of the Original Stated Cost of the proposed Financed Equipment. (c) Bank's obligation to lend the undisbursed portion of the Committed Equipment Line will terminate if, in Bank's sole discretion, there has been a material adverse change in the form general affairs, management, results of EXHIBIT B operation, condition (Payment/Advance Formfinancial or otherwise) must be signed or the prospects of Borrower, whether or not arising from transactions in the ordinary course of business, or there has been any material adverse deviation by a Responsible Officer or designee Borrower from the most recent business plan of Borrower presented to and include a copy accepted by Bank prior to the execution of the invoice for the Equipment being financedthis Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Jamdat Mobile Inc)

Equipment Advances. (ia) From Through December __, 2002 (the Closing Date through "Equipment Availability End Date No. 1Date"), Bank shall will make advances (each an "Equipment Advances to Borrower in an aggregate amount Advance" and, collectively, the "Equipment Advances") not exceeding the Committed Equipment Line No. 1Line. Provided that no Event of Default has occurred through March 31, 2002, from April 1, 2002 through Equipment Availability End Date No. 2, Bank shall make Equipment Advances to Borrower in an aggregate amount not exceeding the Committed Equipment Line No, 2. Except as provided below, the The Equipment Advances may only be used to finance Eligible Equipment purchased within ninety (90) days (determined based upon the applicable invoice date of such Eligible Equipment) of each Equipment Advance request. Notwithstanding the foregoing, Equipment Advances shall be permitted to finance Eligible or refinance Equipment purchased on or after August 1, 2001 one hundred eighty (determined based upon 180) days before the applicable invoice date of such each Equipment Advance. Eligible EquipmentEquipment may include equipment purchases made more than one hundred eighty (180) provided that such days before each Equipment Advance requests are submitted to Bank within twenty (20) days after the Closing Dateat depreciated book value. Equipment Advances shall may not exceed one hundred percent (100%) of the invoice amount of such Eligible Equipmentequipment invoice, excluding taxes, shipping, warranty charges, freight discounts and installation expense relating expense. Other Equipment may constitute up to such Equipment, unless such costs constitute Other Equipmenttwenty percent (20%) of the aggregate Equipment Advances. Each Equipment Advance must be for a minimum amount of One Hundred Thousand Dollars ($100,000.00. (b) Interest accrues on all 100,000). The number of Equipment Advances under Committed Equipment Line No. 1 and Committed Equipment Line No. 2 from the date of each such Equipment Advance at the per annum rate described in Section 2.3(a), and shall be payable monthly on the Payment Date of each month commencing with the initial Payment Date following each such Equipment Advance. Each Equipment Advance under Committed Equipment Line No. 1 and Committed Equipment Line No. 2 shall be payable in (i) thirty-is limited to six (36) equal monthly installments of principal, plus (ii) monthly payments of accrued interest, beginning on the first Payment Date following such Equipment Advance and continuing on each Payment Date thereafter through the Equipment Maturity Date applicable to such Equipment Advance, Equipment Advances when repaid may not be reborrowed. (c) 6). To obtain an Equipment Advance, Borrower must notify will deliver to Bank (the notice is irrevocable) by facsimile no later than 3:00 p.m. Eastern time one (1) Business Day before the day on which the Equipment Advance is to be made. The notice a completed supplement in substantially the form attached as Exhibit C ("Loan Supplement"), copies of EXHIBIT B (Payment/Advance Form) must be signed by a Responsible Officer or designee and include a copy of the invoice invoices for the Equipment being financed, together with a UCC Financing Statement, if requested by Bank, covering the Equipment described on the Loan Supplement, and such additional information as Bank may request at least four (4) Business Days before the proposed funding date (the "Funding Date"). If Borrower satisfies the conditions of each Equipment Advance specified herein, Bank will disburse such Equipment Advance by internal transfer to Borrower's deposit account with Bank on the Funding Date. (b) Bank's obligation to lend the undisbursed portion of the Committed Equipment Line will terminate if, in Bank's sole but reasonable discretion, there has been a material adverse change in the general affairs, management, results of operation, condition (financial or otherwise) or the prospect of repayment of the Obligations , whether or not arising from transactions in the ordinary course of business, or there has been any material adverse deviation by Borrower from the most recent business plan of Borrower presented to and accepted by Bank prior to the execution of this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Atherogenics Inc)

Equipment Advances. (ia) From Subject to the Closing Date through terms and conditions of this Agreement, Bank agrees to lend to Borrower, from time to time prior to June 30, 2003 (the "Equipment Availability End Date No. 1Date"), Bank shall make equipment advances (each an "Equipment Advances to Borrower Advance" and collectively the "Equipment Advances") in an aggregate amount not exceeding to exceed the Committed Equipment Line No. 1Line. Provided that no Event of Default has occurred through March 31The initial Equipment Advance must be borrowed on or before September 30, 2002, from April 1, 2002 through Equipment Availability End Date No. 2, Bank shall make Equipment Advances to Borrower in an aggregate amount not exceeding the Committed Equipment Line No, 2. Except as provided belowWhen repaid, the Equipment Advances may only not be re-borrowed. The proceeds of the Equipment Advances will be used solely to finance reimburse Borrower for the purchase of Eligible Equipment purchased within ninety (90) 90 days (determined based upon of the applicable invoice date of such Eligible Equipment) of each Equipment Advance; provided that the initial Equipment Advance request. Notwithstanding may be used to reimburse Borrower for the foregoing, Equipment Advances shall be permitted to finance purchase of Eligible Equipment purchased on or after August January 1, 2001 (determined based upon the applicable invoice date of such Eligible Equipment) provided that such Equipment Advance requests are submitted to Bank within twenty (20) days after the Closing Date. Equipment Advances shall not exceed one hundred percent (100%) of the invoice amount of such Eligible Equipment, excluding taxes, shipping, warranty charges, freight discounts and installation expense relating to such Equipment, unless such costs constitute Other Equipment2002. Each Equipment Advance must shall be considered a promissory note evidencing the amounts due hereunder for a all purposes. Bank's obligation to lend under this Section 2.1.5 shall terminate on the earlier of (i) the occurrence and continuance of an Event of Default, or (ii) the Equipment Availability End Date. For purposes of this Section, the minimum amount of each Equipment Advance is $100,000.00150,000. (b) Interest accrues on all Equipment Advances under Committed Equipment Line No. 1 and Committed Equipment Line No. 2 from the date of each such Equipment Advance at the per annum rate described in Section 2.3(a), and shall be payable monthly on the Payment Date of each month commencing with the initial Payment Date following each such Equipment Advance. Each Equipment Advance under Committed Equipment Line No. 1 and Committed Equipment Line No. 2 shall be payable in (i) thirty-six (36) equal monthly installments of principal, plus (ii) monthly payments of accrued interest, beginning on the first Payment Date following such Equipment Advance and continuing on each Payment Date thereafter through the Equipment Maturity Date applicable to such Equipment Advance, Equipment Advances when repaid may not be reborrowed. (c) To obtain an Equipment Advance, Borrower must notify will deliver to Bank (the notice is irrevocable) by facsimile no later than 3:00 p.m. Eastern time one (1) Business Day before the day on which the Equipment Advance is to be made. The notice in the form of EXHIBIT B (a completed Payment/Advance Form) must be Form attached as Exhibit B signed by a Responsible Officer or designee and include a copy his or her designee, copies of the invoice invoices for the Equipment being financedto be financed with the proceeds of the Equipment Advance, and such additional information as Bank may request at least five (5) Business Days before the proposed funding date (the "Funding Date"). If Borrower satisfies the conditions of each Equipment Advance specified herein, Bank will disburse such Equipment Advance by internal transfer to Borrower's deposit account with Bank. Each Equipment Advance may not exceed 100% of the original cost to Borrower of the Eligible Equipment. Soft Costs may not exceed 35% of the aggregate Equipment Advances through and including such Funding Date. (c) Bank's obligation to lend the undisbursed portion of the Committed Equipment Line will terminate if, in Bank's sole discretion, there has been a material adverse change in the general affairs, management, results of operation, condition (financial or otherwise) or the prospects of Borrower, whether or not arising from transactions in the ordinary course of business, or there has been any material adverse deviation by Borrower from the most recent business plan of Borrower presented to and accepted by Bank prior to the execution of this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Epoch Biosciences Inc)

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