Common use of Form of Request Clause in Contracts

Form of Request. Whenever Borrower desires a Non-Formula Advance, Borrower will notify Bank by facsimile transmission, telephone or email no later than 5:30 p.m. Eastern time (4:30 p.m. Eastern time for wire transfers), on the Business Day that the Non-Formula Advance is to be made. Each such notification shall be promptly confirmed by a Loan Advance/Paydown Request Form in substantially the form of Exhibit C. Bank is authorized to make Non-Formula Advances under this Agreement, based upon instructions received from a Responsible Officer or a designee of a Responsible Officer, or without instructions if in Bank’s discretion such Non-Formula Advances are necessary to meet Obligations which have become due and remain unpaid. Bank shall be entitled to rely on any telephonic or email notice given by a person whom Bank reasonably believes to be a Responsible Officer or a designee thereof, and Borrower shall indemnify and hold Bank harmless for any damages, loss, costs and expenses suffered by Bank as a result of such reliance. Bank will credit the amount of Non-Formula Advances made under this Section 2.1(c) to Borrower’s deposit account.

Appears in 3 contracts

Samples: Loan and Security Agreement (LOCAL.COM), Loan and Security Agreement (LOCAL.COM), Loan and Security Agreement (LOCAL.COM)

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Form of Request. Whenever Borrower desires Borrowers desire a Non-Formula Advance, Borrower will notify Bank by facsimile transmission, telephone or email no later than 5:30 3:30 p.m. Eastern time (4:30 2:30 p.m. Eastern time for wire transfers), ) on the Business Day that the Non-Formula Advance is to be made. Each such notification shall be promptly confirmed by a Loan Advance/Paydown Request Form in substantially the form of Exhibit C. Bank is authorized to make Non-Formula Advances under this Agreement, based upon instructions received from a Responsible Officer or a designee of a Responsible an Authorized Officer, or without instructions if in Bank’s discretion such Non-Formula Advances are necessary to meet Obligations which have become due and remain unpaid. Bank shall be entitled to rely on any telephonic or email notice given by a person whom Bank reasonably believes to be a Responsible an Authorized Officer or a designee thereof, and Borrower Borrowers shall indemnify and hold Bank harmless for any damages, loss, costs and expenses suffered by Bank as a result of such reliance. Bank will credit the amount of Non-Formula Advances made under this Section 2.1(c) to Borrower’s deposit account.

Appears in 1 contract

Samples: Loan and Security Agreement (Diamond Eagle Acquisition Corp. \ DE)

Form of Request. Whenever Borrower desires Borrowers desire a Non-Formula Committed Line Advance, Borrower Parent will notify Bank by facsimile transmission, telephone or email no later than 5:30 p.m. Eastern time (4:30 p.m. Eastern time for wire transfers), on the Business Day that the Non-Formula Advance is to be made. Each such notification shall be promptly confirmed by a Loan Advance/Paydown Request Form in substantially the form of Exhibit C. Bank is authorized to make Non-Formula Committed Line Advances under this Agreement, based upon instructions received from a Responsible Officer or a designee of a Responsible Officer, or without instructions if in Bank’s discretion such Non-Formula Committed Line Advances are necessary to meet Obligations which have become due and remain unpaid. Bank shall be entitled to rely on any telephonic or email notice given by a person whom Bank reasonably believes to be a Responsible Officer or a designee thereof, and Borrower Borrowers shall indemnify and hold Bank harmless for any damages, loss, costs and expenses suffered by Bank as a result of such reliance. Bank will credit the amount of Non-Formula Advances made under this Section 2.1(c) to BorrowerParent’s deposit accountaccount with Bank promptly upon receipt of the relevant Loan Advance/Paydown Request Form or as otherwise contemplated hereunder.

Appears in 1 contract

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

Form of Request. Whenever Borrower desires a Non-Non- Formula Advance, Borrower will notify Bank (which notice shall be irrevocable) by facsimile transmissionemail (or, telephone or email no if permitted by Bank, through the use of an E-System)no later than 5:30 3:30 p.m. Eastern time (4:30 2:30 p.m. Eastern time for wire transfers), ) on the Business Day that the Non-Formula Advance is to be made. Each such notification shall be promptly confirmed given by a Loan Advance/Paydown Request Form in substantially the form of Exhibit C. Bank is authorized to make Non-Formula Advances under this Agreement, based upon instructions received from a Responsible Officer or a designee of a Responsible an Authorized Officer, or without instructions if in Bank’s reasonable discretion such Non-Formula Advances are necessary to meet Obligations which have become due and remain unpaid. Bank shall be entitled to rely on any telephonic or email notice given by a person whom Bank reasonably believes to be a Responsible Officer or a designee thereofan Authorized Officer, and Borrower shall indemnify and hold Bank harmless for any damages, losslosses, costs costs, and expenses suffered by Bank as a result of such reliance. Bank will credit the amount of Non-Formula Advances made under this Section 2.1(c2.1(b) to BorrowerXxxxxxxx’s deposit account.

Appears in 1 contract

Samples: Loan and Security Agreement (Turnstone Biologics Corp.)

Form of Request. Whenever a Borrower desires a Non-Formula an Advance, Borrower such Borrower, or Parent as agent for such Borrower, will notify Bank by facsimile transmission, transmission or telephone or email no later than 5:30 3:00 p.m. Eastern time Time (4:30 12:00 p.m. Eastern time Time for wire transfers), on the Business Day that the Non-Formula Advance is to be made. Each such notification shall be promptly confirmed by a Loan AdvancePayment/Paydown Request Advance Form in substantially the form of Exhibit C. Bank is authorized to make Non-Formula Advances under this Agreement, based upon instructions received from a Responsible Officer or a designee of a Responsible Officer, or without instructions if in Bank’s discretion such Non-Formula Advances are necessary to meet Obligations which have become due and remain unpaid. Bank shall be entitled to rely on any facsimile or telephonic or email notice given by a person whom who Bank reasonably believes to be a Responsible Officer or a designee thereof, and Borrower Borrowers shall indemnify and hold Bank harmless for any damages, loss, costs and expenses damages or loss suffered by Bank as a result of such reliance. Bank will credit the amount of Non-Formula Advances made under this Section 2.1(c2.1(b) to any Borrower’s deposit account.

Appears in 1 contract

Samples: Loan and Security Agreement (Warby Parker Inc.)

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Form of Request. Whenever Borrower desires a Non-Formula Advance, Borrower will notify Bank by facsimile transmission, telephone or email no later than 5:30 3:30 p.m. Eastern time (4:30 2:30 p.m. Eastern time for wire transfers), on the Business Day that the Non-Formula Advance is to be made. Each such notification shall be promptly confirmed by a Loan Advance/Paydown Request Form in substantially the form of Exhibit C. Bank is authorized to make Non-Formula Advances under this Agreement, based upon instructions received from a Responsible Officer or a designee of a Responsible an Authorized Officer, or without instructions if in Bank’s discretion such Non-Formula Advances are necessary to meet Obligations which have become due and remain unpaid. Bank shall be entitled to rely on any telephonic or email notice given by a person whom Bank reasonably believes to be a Responsible an Authorized Officer or a designee thereof, and Borrower shall indemnify and hold Bank harmless for any damages, loss, costs and expenses suffered by Bank as a result of such reliance. Bank will credit the amount of Non-Formula Advances made under this Section 2.1(c) to Borrower’s deposit account.

Appears in 1 contract

Samples: Loan and Security Agreement (TheRealReal, Inc.)

Form of Request. Whenever Borrower desires a Non-Formula Advance, Borrower will notify Bank by facsimile transmission, telephone or email no later than 5:30 3:30 p.m. Eastern time (4:30 2:30 p.m. Eastern time for wire transfers), on the Business Day that the such Non-Formula Advance is to be made. Each such notification shall be promptly confirmed by a Loan Advance/Paydown Request Form substantially in substantially the form of Exhibit C. Bank is authorized to make Non-Formula Advances under this Agreement, based upon instructions received from a Responsible Officer or a designee of a Responsible an Authorized Officer, or without instructions if in Bank’s discretion such Non-Formula Advances are necessary to meet Obligations which have become due and remain unpaid. Bank shall be entitled to rely on any telephonic or email notice given by a person whom Bank reasonably believes to be a Responsible an Authorized Officer or a designee thereof, and Borrower shall indemnify and hold Bank harmless for any damages, loss, costs and expenses suffered by Bank as a result of such reliance. Bank will credit the amount of Non-Formula Advances made under this Section 2.1(c) to Borrower’s IGI Labs’ deposit account.

Appears in 1 contract

Samples: Loan and Security Agreement (Igi Laboratories, Inc)

Form of Request. Whenever Borrower desires a Non-Formula Advance, Borrower will notify Bank by facsimile transmission, telephone or email no later than 5:30 3:30 p.m. Eastern time (4:30 2:30 p.m. Eastern time for wire transfers), on the Business Day that the Non-Formula Advance is to be made. Each such notification shall be promptly confirmed by a Loan Advance/Paydown Request Form in substantially the form of Exhibit C. Bank is authorized to make Non-Formula Advances under this Agreement, based upon instructions received from a Responsible an Authorized Officer or a designee of a Responsible Officerthereof, or without instructions if in Bank’s discretion such Non-Formula Advances are necessary to meet Obligations which have become due and remain unpaid. Bank shall be entitled to rely on any telephonic or email notice given by a person whom Bank reasonably believes to be a Responsible an Authorized Officer or a designee thereof, and Borrower shall indemnify and hold Bank harmless for any damages, loss, costs and expenses suffered by Bank as a result of such reliance. Bank will credit the amount of Non-Formula Advances made under this Section 2.1(c) to Borrower’s deposit account.

Appears in 1 contract

Samples: Loan and Security Agreement (Acorn Energy, Inc.)

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