Loan Administration. Advances made under the Loans shall be as follows: (a) A request for an advance shall be made by Borrower giving Lender notice of its intention to borrow, in which notice Borrower shall specify the amount of the proposed borrowing, whether such proposed borrowing will be a borrowing under this First Revolving Loan or the Second Revolving Loan, and the proposed borrowing date, not later than 2:00 p.m. Eastern time one (1) business day prior to the proposed borrowing date; provided, however, that no such request may be made at a time when there exists an Event of Default. (b) In the case of each request for an advance under the First Revolving Loan, Borrower shall deliver to Lender, concurrently with delivery of the notice of borrowing required by clause (a) of this Section 18.4, a Borrowing Base Certificate executed by Borrower and prepared as of a date not more than thirty (30) business days prior to the date of such requested advance. (c) Borrower hereby authorizes Lender to disburse the proceeds of each revolving credit advance requested by wire transfer to such bank account as may be agreed upon by Borrower and Lender from time to time or elsewhere if pursuant to written direction from Borrower. (d) All revolving credit advances and other extensions of credit to or for the benefit of Borrower shall constitute one general Obligation of Borrower and shall be secured by Lender’s lien upon all of the Collateral. (e) Lender shall enter all revolving credit advances as debits to a loan account in the name of Borrower and shall also record in said loan account all payments made by Borrower on any Obligations and all proceeds of Collateral which are indefeasibly paid to Lender, and may record therein, in accordance with customary accounting practice, other debits and credits, including interest and all charges and expenses properly chargeable to Borrower. All payments and collections shall be applied first to fees, costs and expenses due and owing under the Documents, then to interest due and owing under the Documents, and then to principal outstanding under the Loan. (f) Lender will account to Borrower monthly with a statement of the Loans, charges and payments made pursuant to this Agreement, and such accounting rendered by Lender shall be deemed final, binding and conclusive upon Borrower unless Lender is notified by Borrower in writing to the contrary within thirty (30) days of the date each accounting is mailed to Borrower. Such notices shall be deemed an objection to those items specifically objected to therein. (g) Borrower shall establish one or more bank accounts for deposits of advances made under the Loans and for deposits of repayments of Third Party Loans, and shall assign such accounts to Lender. Borrower shall not deposit advances from Lender or repayments from borrowers under Third Party Loans into any other accounts.
Appears in 1 contract
Samples: Commercial Loan and Security Agreement (Dgse Companies Inc)
Loan Administration. Advances made under the Loans shall be as follows:
(a) A request for an advance shall be made by Borrower giving Lender notice of its intention to borrow, in which notice Borrower shall specify the amount of the proposed borrowing, whether such proposed borrowing will be a borrowing under this First Revolving Loan or the Second Revolving Loan, and the proposed borrowing date, not later than 2:00 p.m. Eastern time one (1) business day prior to the proposed borrowing date; provided, however, that no such request may be made at a time when there exists an Event of Default.
(b) In the case of each request for an advance under the First Revolving Loan, Borrower shall deliver to Lender, concurrently with delivery of the notice of borrowing required by clause (a) of this Section 18.4, a Borrowing Base Certificate executed by Borrower and prepared as of a date not more than thirty (30) business days prior to the date of such requested advance.
(c) Borrower hereby authorizes Lender Xxxxxx to disburse the proceeds of each revolving credit advance requested by wire transfer to such bank account as may be agreed upon by Borrower Xxxxxxxx and Lender Xxxxxx from time to time or elsewhere if pursuant to written direction from BorrowerXxxxxxxx.
(d) All revolving credit advances and other extensions of credit to or for the benefit of Borrower shall constitute one general Obligation of Borrower and shall be secured by Lender’s Xxxxxx's lien upon all of the Collateral.
(e) Lender Xxxxxx shall enter all revolving credit advances as debits to a loan account in the name of Borrower Xxxxxxxx and shall also record in said loan account all payments made by Borrower on any Obligations and all proceeds of Collateral which are indefeasibly paid to Lender, and may record therein, in accordance with customary accounting practice, other debits and credits, including interest and all charges and expenses properly chargeable to Borrower. All payments and collections shall be applied first to fees, costs and expenses due and owing under the Documents, then to interest due and owing under the Documents, and then to principal outstanding under the Loan.
(f) Lender will account to Borrower monthly with a statement of the Loans, charges and payments made pursuant to this Agreement, and such accounting rendered by Lender shall be deemed final, binding and conclusive upon Borrower unless Lender Xxxxxx is notified by Borrower in writing to the contrary within thirty (30) days of the date each accounting is mailed to Borrower. Such notices shall be deemed an objection to those items specifically objected to therein.
(g) Borrower shall establish one or more bank accounts for deposits of advances made under the Loans and for deposits of repayments of Third Party Loans, and shall assign such accounts to Lender. Borrower shall not deposit advances from Lender or repayments from borrowers under Third Party Loans into any other accounts.
Appears in 1 contract
Loan Administration. Advances made under the Loans shall be as follows:
(a) A request for an advance The failure of any Lender to make any Loan shall be made by Borrower giving not in itself relieve any other Lender notice of its intention obligation to borrow, in which notice Borrower shall specify the amount of the proposed borrowing, whether such proposed borrowing will be a borrowing under this First Revolving Loan or the Second Revolving Loan, and the proposed borrowing date, not later than 2:00 p.m. Eastern time one lend hereunder (1) business day prior to the proposed borrowing date; providedit being understood, however, that no such request may Lender shall be responsible for the failure of any other Lender to make any Loan required to be made at a time when there exists an Event of Defaultby such other Lender).
(b) In the event of an Existing Letter of Credit Disbursement, the Borrower shall execute and deliver to the Agent, within 3 Business Days of such draw, for the benefit of the Lenders, a Junior Secured Note for each of the Lenders in an amount equal to each Lenders' Applicable Percentage of the amount drawn and dated the date of such draws. The Agent shall accept such notes in satisfaction of the Borrower's reimbursement obligation.
(c) Subject to Section 2.03(g), each Lender shall make an advance in the amount of its Applicable Percentage of each borrowing hereunder on the proposed date thereof by wire transfer of immediately available funds to the Agent in Charlotte, North Carolina, not later than 1:00 p.m., Charlotte time, and the Agent shall by 3:00 p.m., Charlotte time, credit or wire transfer the amounts so received to an account in the name of the Borrower, maintained with the Agent or, if a borrowing shall not occur on such date because any condition precedent herein specified shall not have been met, return the amounts so received to the respective Lenders.
(d) If the Agent has not received from the Borrower the payment required by Section 2.22(h) by 12:30 p.m., Charlotte time, one Business Day after receipt by the Borrower of notice from the Issuing Bank that payment of a draft presented under any Existing Letter of Credit or any New Letter of Credit has been or will be made, as provided in Section 2.22(h), the Agent will promptly notify the Issuing Bank and each Lender of the Letter of Credit Disbursement and in the case of each request for an advance under the First Revolving Loan, Borrower shall deliver to Lender, concurrently with delivery its Applicable Percentage of the Dollar Amount of such Letter of Credit Disbursement. Not later than 10:00 a.m., Charlotte time, on the next Business Day, each Lender shall make available its Applicable Percentage of such Letter of Credit Disbursement, in Federal or other funds immediately available in Charlotte, to the Agent at its address set forth in Section 9.01, and the Agent will promptly make such funds available to the Issuing Bank..
(e) Unless the Agent shall have received notice of borrowing required by clause (a) of this Section 18.4, from a Borrowing Base Certificate executed by Borrower and prepared as of a date not more than thirty (30) business days Lender prior to the date of borrowing under the New Revolving Loan, or prior to the time of any required payment by any Lender in respect of a Letter of Credit Disbursement, that such requested advance.
Lender will not make available to the Agent such Lender's portion of such borrowing or payment, the Agent may assume that such Lender has made such portion available to the Agent on the date of such borrowing or payment in accordance with Section 2.03 (c) or (d), as applicable, and the Agent may, in reliance upon such assumption, make available to the Borrower hereby authorizes or the Issuing Bank, as the case may be, on such date a corresponding amount. If and to the extent that such Lender shall not have made such portion available to disburse the proceeds Agent, such Lender and the Borrower severally agree to repay to the Agent forthwith on demand such corresponding amount together with interest thereon, for each day from the date such amount is made available to the Borrower or the Issuing Bank (or, if the Agent and the Issuing Bank are the same person, from the date of each revolving credit advance requested by wire transfer such payment in respect of a Letter of Credit Disbursement), as applicable, until the date such amount is repaid to such bank account as may be agreed upon by Borrower and Lender from time to time or elsewhere if the Agent at
(i) in the case of the Borrower, the interest rate applicable thereto pursuant to written direction from Borrower.
Section 2.07 or 2.22(h), as applicable, and (dii) All revolving credit advances and other extensions in the case of credit such Lender, the Federal Funds Effective Rate. If such Lender shall repay to or for the benefit Agent such corresponding amount in respect of Borrower a borrowing, such amount shall constitute one general Obligation such Lender's Loan as part of Borrower and shall be secured by Lender’s lien upon all such borrowing for purposes of the Collateralthis Amended Agreement.
(e) Lender shall enter all revolving credit advances as debits to a loan account in the name of Borrower and shall also record in said loan account all payments made by Borrower on any Obligations and all proceeds of Collateral which are indefeasibly paid to Lender, and may record therein, in accordance with customary accounting practice, other debits and credits, including interest and all charges and expenses properly chargeable to Borrower. All payments and collections shall be applied first to fees, costs and expenses due and owing under the Documents, then to interest due and owing under the Documents, and then to principal outstanding under the Loan.
(f) Lender will account to Borrower monthly with a statement of the Loans, charges and payments made pursuant to this Agreement, and such accounting rendered by Lender shall be deemed final, binding and conclusive upon Borrower unless Lender is notified by Borrower in writing to the contrary within thirty (30) days of the date each accounting is mailed to Borrower. Such notices shall be deemed an objection to those items specifically objected to therein.
(g) Borrower shall establish one or more bank accounts for deposits of advances made under the Loans and for deposits of repayments of Third Party Loans, and shall assign such accounts to Lender. Borrower shall not deposit advances from Lender or repayments from borrowers under Third Party Loans into any other accounts.
Appears in 1 contract
Loan Administration. Advances made Borrowings under the Loans Loan shall be as follows:
(a) A request for an advance a Revolving Credit Loan shall be made by made, or shall be deemed to be made, in the following manner:
(i) Borrower giving may give Lender notice of its intention to borrow, in which notice Borrower shall specify the amount of the proposed borrowing, whether such proposed borrowing will be a borrowing under this First Revolving Loan or the Second Revolving Loan, and the proposed borrowing date, not later than 2:00 p.m. noon Eastern time one (1) business day prior to on the proposed borrowing datedate by telephone (which telephonic notice shall be promptly confirmed by Borrower in writing); provided, however, that no such request may be made at a time when there exists an Event of Default; and (ii) the becoming due of any amount required to be paid under this Agreement, whether as interest or for any other Obligation, shall be deemed irrevocably to be a request for a Revolving Credit Loan on the day following the due date in the amount required to pay such interest or other Obligation if such was not paid by Borrower on the due date.
(b) In the case of each request for an advance under the First Revolving Loan, Borrower shall deliver to Lender, concurrently with delivery of the notice of borrowing required by clause (a) of this Section 18.4, a Borrowing Base Certificate executed by Borrower and prepared as of a date not more than thirty (30) business days prior to the date of such requested advance.
(c) Borrower hereby irrevocably authorizes Lender to disburse the proceeds of each revolving credit advance Revolving Credit Loan requested, or deemed to be requested, as follows:
(i) the proceeds of each Revolving Credit Loan requested under subsection 2.2(a)(i) shall be disbursed by Lender by wire transfer to such bank account as may be agreed upon by Borrower and Lender from time to time or elsewhere if pursuant to written direction from Borrower; and (ii) the proceeds of each Revolving Credit Loan deemed to be requested under subsection 2.2(a)(ii) shall be disbursed by Lender by way of direct payment of the relevant interest or other Obligation.
(dc) All revolving credit Revolving Credit Loans, advances and other extensions of credit to or for the benefit of Borrower shall constitute one general Obligation of Borrower Borrower, and shall be secured by Lender’s lien 's Lien upon all of the Collateral.
(ed) Lender shall enter all revolving credit advances Revolving Credit Loans as debits to a loan account in the name of Borrower and shall also record in said loan account all payments made by Borrower on any Obligations and all proceeds of Collateral which are indefeasibly paid to Lender, and may record therein, in accordance with customary accounting practice, other debits and credits, including interest and all charges and expenses properly chargeable to Borrower. All payments and collections into the Concentration Account pursuant to Section 2.3 shall be applied first to fees, costs and expenses due and owing under the Loan Documents, then to interest due and owing under the Loan Documents, and then to principal outstanding under the Loanwith respect to Revolving Credit Loans.
(fe) Lender will account to Borrower monthly with a statement of the Revolving Credit Loans, charges and payments made pursuant to this Agreement, and such accounting rendered by Lender shall be deemed final, binding and conclusive upon Borrower Borrower, absent manifest error, unless Lender is notified by Borrower in writing to the contrary within thirty (30) days of the date each accounting is mailed to Borrower. Such notices notice shall be deemed an objection to those items specifically objected to thereinin the notice.
(g) Borrower shall establish one or more bank accounts for deposits of advances made under the Loans and for deposits of repayments of Third Party Loans, and shall assign such accounts to Lender. Borrower shall not deposit advances from Lender or repayments from borrowers under Third Party Loans into any other accounts.
Appears in 1 contract
Loan Administration. Advances made Borrowings under the Loans Loan shall be as follows:
(a) A request for an advance a Revolving Credit Loan shall be made by made, or shall be deemed to be made, in the following manner:
(i) Borrower giving may give Lender notice of its intention to borrow, in which notice Borrower shall specify the amount of the proposed borrowing, whether such proposed borrowing will be a borrowing under this First Revolving Loan or the Second Revolving Loan, and the proposed borrowing date, not later than 2:00 p.m. Eastern time one (1) business day prior to Business Day before the proposed borrowing date; provided, however, that no such request may be made at a time when there exists an Event of Default; and (ii) the becoming due of any amount required to be paid under this Agreement, whether as interest or for any other Obligation, shall be deemed irrevocably to be a request for a Revolving Credit Loan on the day following the due date in the amount required to pay such interest or other Obligation if such was not paid by Borrower on the due date.
(b) In the case of each request for an advance under the First Revolving Loan, Borrower shall deliver to Lender, concurrently with delivery of the notice of borrowing required by clause (a) of this Section 18.4, a Borrowing Base Certificate executed by Borrower and prepared as of a date not more than thirty (30) business days prior to the date of such requested advance.
(c) Borrower hereby irrevocably authorizes Lender to disburse the proceeds of each revolving credit advance Revolving Credit Loan requested, or deemed to be requested, as follows:
(i) the proceeds of each Revolving Credit Loan requested under subsection 2.2(a)(i) shall be disbursed by Lender by wire transfer to such bank account as may be agreed upon by Borrower and Lender from time to time or elsewhere if pursuant to written direction from Borrower; and (ii) the proceeds of each Revolving Credit Loan deemed to be requested under subsection 2.2(a)(ii) shall be disbursed by Lender by way of direct payment of the relevant interest or other Obligation.
(dc) All revolving credit Revolving Credit Loans, advances and other extensions of credit to or for the benefit of Borrower shall constitute one general Obligation of Borrower Borrower, and shall be secured by Lender’s 's lien upon all of the Collateral.
(ed) Lender shall enter all revolving credit advances Revolving Credit Loans as debits to a loan account in the name of Borrower and shall also record in said loan account all payments made by Borrower on any Obligations and all proceeds of Collateral which are indefeasibly paid to Lender, and may record therein, in accordance with customary accounting practice, other debits and credits, including interest including
(1) To demonstrate the methodology, the following is an illustration of the application of liquidity factors: If Borrower historically collects x% of invoices (where x is a number between 0 and all charges and expenses properly chargeable 100) within the eligibility period as set forth herein, the liquidity factor would be x%, so that availability against such class of Accounts in the aggregate would be equal to Borrower. All payments and collections shall be applied first to fees, costs and expenses due and owing under the Documents, then to interest due and owing under the Documents, Qualified Accounts multiplied by an x% liquidity factor and then to principal outstanding under multiplied by the Loan80% advance rate.
(f) Lender will account to Borrower monthly with a statement of the Loans, charges and payments made pursuant to this Agreement, and such accounting rendered by Lender shall be deemed final, binding and conclusive upon Borrower unless Lender is notified by Borrower in writing to the contrary within thirty (30) days of the date each accounting is mailed to Borrower. Such notices shall be deemed an objection to those items specifically objected to therein.
(g) Borrower shall establish one or more bank accounts for deposits of advances made under the Loans and for deposits of repayments of Third Party Loans, and shall assign such accounts to Lender. Borrower shall not deposit advances from Lender or repayments from borrowers under Third Party Loans into any other accounts.
Appears in 1 contract
Loan Administration. Advances made Borrowing under the Loans Loan shall be as follows:
(a) A request for an advance a Revolving Credit Loan shall be made by made, or shall be deemed to be made, in the following manner:
(i) Borrower giving may give Lender notice of its intention to borrow, in which notice Borrower shall specify the amount of the proposed borrowing, whether such proposed borrowing will be a borrowing under this First Revolving Loan or the Second Revolving Loan, and the proposed borrowing date, not later than 2:00 p.m. Eastern time one (1) business day Business Day prior to the proposed borrowing date; provided, however, that no such request may be made at a time when there exists an Event of Default; and (ii) the becoming due of any amount required to be paid under this Agreement, whether as interest or for any other Obligation, shall be deemed irrevocably to be a request for a Revolving Credit Loan on the day after the due date in the amount required to pay such interest or other Obligation if not paid on the due date thereof.
(b) In the case of each request for an advance under the First Revolving Loan, Borrower shall deliver to Lender, concurrently with delivery of the notice of borrowing required by clause (a) of this Section 18.4, a Borrowing Base Certificate executed by Borrower and prepared as of a date not more than thirty (30) business days prior to the date of such requested advance.
(c) Borrower hereby irrevocably authorizes Lender to disburse the proceeds of each revolving credit advance Revolving Credit Loan requested, or deemed to be requested, as follows:
(i) the proceeds of each Revolving Credit Loan requested under subsection 2.2(a)(i) shall be disbursed by Lender by wire transfer to such bank account as may be agreed upon by Borrower and or Lender from time to time or elsewhere if pursuant to written direction from Borrower; and (ii) the proceeds of each Revolving Credit Loan requested under subsection 2.2(a)(ii) shall be disbursed by Lender by way of direct payment of the relevant interest or other Obligation.
(dc) All revolving credit Revolving Credit Loans, advances and other extensions of credit to or for the benefit of Borrower shall constitute one general Obligation of Borrower Borrower, and shall be secured by Lender’s 's lien upon all of the Collateral.
(ed) Lender shall enter all revolving credit advances Revolving Credit Loans as debits to a loan account in the name of Borrower and shall also record in said loan account all payments payments, prepayments and repayments made by Borrower on any Obligations and all proceeds of Collateral which are indefeasibly paid to Lender, and may record therein, in accordance with customary accounting practice, other debits and credits, including interest and all charges and expenses properly chargeable to Borrower. All payments and collections shall be applied first to fees, costs and expenses due and owing under the Documents, then to interest due and owing under the Documents, and then to principal outstanding under the Loan.
(fe) Lender will account to Borrower monthly with a statement of the Revolving Credit Loans, charges and payments made pursuant to this Agreement, and such accounting account rendered by Lender shall be deemed final, binding and conclusive upon Borrower unless Lender is notified by Borrower in writing to the contrary within thirty (30) days of the date each accounting is mailed to Borrower. Such notices notice shall be deemed an objection to those items specifically objected to therein.
(g) Borrower shall establish one or more bank accounts for deposits of advances made under the Loans and for deposits of repayments of Third Party Loans, and shall assign such accounts to Lender. Borrower shall not deposit advances from Lender or repayments from borrowers under Third Party Loans into any other accounts.
Appears in 1 contract
Samples: Loan and Security Agreement (BMJ Medical Management Inc)
Loan Administration. Advances made Borrowings under the Loans Loan shall be as follows:
(a) A request for an advance a Revolving Credit Loan shall be made by made, or shall be deemed to be made, in the following manner:
(i) Borrower giving may give Lender notice of its intention to borrow, in which notice Borrower shall specify the amount of the proposed borrowing, whether such proposed borrowing will be a borrowing under this First Revolving Loan or the Second Revolving Loan, and the proposed borrowing date, not later than 2:00 p.m. Eastern time one (1) business day prior to Business Day before the proposed borrowing date; provided, however, that no such request may be made at a time when there exists an Event of Default; and (ii) the becoming due of any amount required to be paid under this Agreement, whether as interest or for any other Obligation, shall be deemed irrevocably to be a request for a Revolving Credit Loan on the day following the due date in the amount required to pay such interest or other Obligation if such was not paid by Borrower on the due date.
(b) In the case of each request for an advance under the First Revolving Loan, Borrower shall deliver to Lender, concurrently with delivery of the notice of borrowing required by clause (a) of this Section 18.4, a Borrowing Base Certificate executed by Borrower and prepared as of a date not more than thirty (30) business days prior to the date of such requested advance.
(c) Borrower hereby irrevocably authorizes Lender to disburse the proceeds of each revolving credit advance Revolving Credit Loan requested, or deemed to be requested, as follows:
(i) the proceeds of each Revolving Credit Loan requested under subsection 2.2(a)(i) shall be disbursed by Lender by wire transfer to such bank account as may be agreed upon by Borrower and Lender from time to time or elsewhere if pursuant to written direction from Borrower; and (ii) the proceeds of each Revolving Credit Loan deemed to be requested under subsection 2.2(a)(ii) shall be disbursed by Lender by way of direct payment of the relevant interest or other Obligation.
(dc) All revolving credit Revolving Credit Loans, advances and other extensions of credit to or for the benefit of Borrower shall constitute one general Obligation of Borrower Borrower, and shall be secured by Lender’s lien 's Lien upon all of the Collateral.
(ed) Lender shall enter all revolving credit advances Revolving Credit Loans as debits to a loan account in the name of Borrower and shall also record in said loan account all payments made by Borrower on any Obligations and all proceeds of Collateral which are indefeasibly paid to Lender, and may record therein, in accordance with customary accounting practice, other debits and credits, including interest and all charges and expenses properly chargeable to Borrower. All payments and collections into the Concentration Account pursuant to Section 2.3 shall be applied first to fees, costs and expenses due and owing under the Loan Documents, then to interest due and owing under the Loan Documents, and then to principal outstanding under the Loanwith respect to Revolving Credit Loans.
(fe) Lender will account to Borrower monthly with a statement of the Revolving Credit Loans, charges and payments made pursuant to this Agreement, and such accounting rendered by Lender shall be deemed final, binding and conclusive upon Borrower Borrower, absent manifest error, unless Lender is notified by Borrower in writing to the contrary within thirty (30) days of the date each accounting is mailed to Borrower. Such notices notice shall be deemed an objection to those items specifically objected to thereinin the notice.
(g) Borrower shall establish one or more bank accounts for deposits of advances made under the Loans and for deposits of repayments of Third Party Loans, and shall assign such accounts to Lender. Borrower shall not deposit advances from Lender or repayments from borrowers under Third Party Loans into any other accounts.
Appears in 1 contract
Samples: Loan and Security Agreement (Star Multi Care Services Inc)
Loan Administration. Advances made under the Loans Loan shall be as follows:
(a) A request for an advance Advance shall be made by Borrower giving Lender notice of its intention to borrow, in which notice Borrower shall specify the amount of the proposed borrowing, whether such proposed borrowing will be a borrowing under this First Revolving Loan or the Second Revolving Loan, and the proposed borrowing date, not later than 2:00 p.m. Eastern time one five (15) business day days prior to the proposed borrowing date; provided, however, that no such request may be made at a time when there exists an Event of Default.
(b) In the case of each request for an advance under the First Revolving Loan, Borrower shall deliver to Lender, concurrently with delivery of the notice of borrowing required by clause (a) of this Section 18.4, a Borrowing Base Certificate executed by Borrower and prepared as of a date not more than thirty (30) business days prior to the date of such requested advance.
(c) Borrower hereby authorizes Lender to disburse the proceeds of each revolving credit advance requested by wire transfer to such bank account as may be agreed upon by Borrower and Lender from time to time or elsewhere if pursuant to written direction from Borrower.
(dc) All revolving credit advances and other extensions of credit to or for the benefit of Borrower shall constitute one general Obligation of Borrower and shall be secured by Lender’s 's lien upon all of the Collateral.
(ed) Lender shall enter all revolving credit advances as debits to a loan account in the name of the Borrower and shall also record in said loan account all payments made by Borrower on any Obligations and all proceeds of Collateral which are indefeasibly paid to Lender, and may record therein, in accordance with customary accounting practice, other debits and credits, including interest and all charges and expenses properly chargeable to Borrower. All payments and collections shall be applied first to fees, costs and expenses due and owing under the Documents, then to interest due and owing under the Documents, and then to principal outstanding under the Loan.
(fe) Lender will account to Borrower monthly with a statement of the Revolving Credit Loans, charges and payments made pursuant to this Agreement, and such accounting rendered by Lender shall be deemed final, binding and conclusive upon Borrower unless Lender is notified by Borrower in writing to the contrary within thirty (30) days of the date each accounting is mailed to Borrower. Such notices shall be deemed an objection to those items specifically objected to therein.
(gf) Borrower shall establish one or more bank accounts for deposits of advances made under the Loans Loan and for deposits of repayments of Third Party Loans, and shall assign such accounts to Lender. Borrower shall not deposit advances from Lender or repayments from borrowers under Third Party Loans into any other accounts.
Appears in 1 contract
Samples: Commercial Loan and Security Agreement (Superior Galleries Inc)
Loan Administration. Advances made Borrowings under the Loans Loan shall be as follows:
(a) A request for an advance a Revolving Credit Loan shall be made by made, or shall be deemed to be made, in the following manner:
(i) Borrower giving may give Lender notice of its intention to borrow, in which notice Borrower shall specify the amount of the proposed borrowing, whether such proposed borrowing will be a borrowing under this First Revolving Loan or the Second Revolving Loan, and the proposed borrowing date, not later than 2:00 p.m. Eastern time one (1) business day Business Day prior to the proposed borrowing date; providedPROVIDED, howeverHOWEVER, that no such request may be made at a time when there exists an Event of Default; and
(ii) the becoming due (after the expiration of the applicable grace period, if any) of any amount required to be paid under this Agreement, whether as interest or for any other Obligation, shall be deemed irrevocably to be a request for a Revolving Credit Loan on the due date in the amount required to pay such interest or other Obligation.
(b) In the case of each request for an advance under the First Revolving Loan, Borrower shall deliver to Lender, concurrently with delivery of the notice of borrowing required by clause (a) of this Section 18.4, a Borrowing Base Certificate executed by Borrower and prepared as of a date not more than thirty (30) business days prior to the date of such requested advance.
(c) Borrower hereby irrevocably authorizes Lender to disburse the proceeds of each revolving credit advance Revolving Credit Loan requested, or deemed to be requested, as follows:
(i) the proceeds of each Revolving Credit Loan requested under subsection 2.2(a)(i) shall be disbursed by Lender by wire transfer to such bank account as may be agreed upon by Borrower and Lender from time to time or elsewhere if pursuant to written direction from Borrower; and (ii) the proceeds of each Revolving Credit Loan requested under subsection 2.2(a)(ii) shall be disbursed by Lender by way of direct payment of the relevant interest or other Obligation.
(dc) All revolving credit Revolving Credit Loans, advances and other extensions of credit to or for the benefit of Borrower shall constitute one general the Obligation of Borrower Borrower, and shall be secured by Lender’s 's lien upon all of the CollateralCollateral of the Borrower.
(ed) Lender shall enter all revolving credit advances Revolving Credit Loans as debits to a loan account in the name of Borrower and shall also record in said loan account all payments made by Borrower on any Obligations and all proceeds of Collateral which are indefeasibly paid to Lender, and may record therein, in accordance with customary accounting practice, other debits and credits, including interest and all charges and expenses properly chargeable to Borrower. All payments and collections into the Concentration Account pursuant to Section 2.3 shall be applied first to fees, costs and expenses due and owing under the Loan Documents, then to interest due and owing under the Loan Documents, and then to principal outstanding under the Loanwith respect to Revolving Credit Loans.
(fe) Lender will account to Borrower monthly with a statement of the Revolving Credit Loans, charges and payments made pursuant to this Agreement, and such accounting account rendered by Lender shall shall, absent manifest error, be deemed final, binding and conclusive upon Borrower unless Lender is notified by Borrower in writing to the contrary within thirty (30) days of the date each accounting is mailed to Borrower. Such notices notice shall be deemed an objection to those items specifically objected to therein.
(g) Borrower shall establish one or more bank accounts for deposits of advances made under the Loans and for deposits of repayments of Third Party Loans, and shall assign such accounts to Lender. Borrower shall not deposit advances from Lender or repayments from borrowers under Third Party Loans into any other accounts.
Appears in 1 contract
Samples: Loan and Security Agreement (Raintree Healthcare Corp)
Loan Administration. Advances made Borrowings under the Loans Loan shall be as follows:
(a) A request for an advance a Revolving Credit Loan shall be made by made, or shall be deemed to be made, in the following manner:
(i) Borrower giving will give Lender notice of its intention to borrow, in which notice Borrower shall specify the amount of the proposed borrowing, whether such proposed borrowing will be together with a borrowing under this First Revolving Loan or the Second Revolving Loan, completed Borrowing Base certificate and the proposed borrowing dateall documentation associated therewith, not later than 2:00 p.m. 10:30 a.m. Eastern time one (1) business day prior to on the proposed borrowing date; provided, however, that no such request may be made at a time when there exists an Event of Default; and (ii) the becoming due of any amount required to be paid under this Agreement, whether as interest or for any other Obligation, shall be deemed irrevocably to be a request for a Revolving Credit Loan on the day following the due date in the amount required to pay such interest or other Obligation if such was not paid by Borrower on the due date.
(b) In the case of each request for an advance under the First Revolving Loan, Borrower shall deliver to Lender, concurrently with delivery of the notice of borrowing required by clause (a) of this Section 18.4, a Borrowing Base Certificate executed by Borrower and prepared as of a date not more than thirty (30) business days prior to the date of such requested advance.
(c) Borrower hereby irrevocably authorizes Lender to disburse the proceeds of each revolving credit advance Revolving Credit Loan requested, or deemed to be requested, as follows:
(i) the proceeds of each Revolving Credit Loan requested under Section 2.2(a)(i) shall be disbursed by Lender by wire transfer to such bank account as may be agreed upon by Borrower and Lender from time to time or elsewhere if pursuant to written direction from Borrower; and (ii) the proceeds of each Revolving Credit Loan deemed to be requested under Section 2.2(a)(ii) shall be disbursed by Lender by way of direct payment of the relevant interest or other Obligation.
(dc) All revolving credit Revolving Credit Loans, advances and other extensions of credit to or for the benefit of Borrower shall constitute one general Obligation of Borrower Borrower, and shall be secured by Lender’s lien 's Lien upon all of the Collateral.
(ed) Lender shall enter all revolving credit advances Revolving Credit Loans as debits to a loan account in the name of Borrower and shall also record in said loan account all payments made by Borrower on any Obligations and all proceeds of Collateral which are indefeasibly paid to Lender, and may record therein, in accordance with customary accounting practice, other debits and credits, including interest and all charges and expenses properly chargeable to Borrower. All payments and collections into the Concentration Account pursuant to Section 2.3 shall be applied first to fees, costs and expenses due and owing under the Loan Documents, then to interest due and owing under the Loan Documents, and then to principal outstanding under the Loanwith respect to Revolving Credit Loans.
(fe) Lender will account to Borrower monthly with a statement of the Revolving Credit Loans, charges and payments made pursuant to this Agreement, and such accounting rendered by Lender shall be deemed final, binding and conclusive upon Borrower Borrower, absent manifest error, unless Lender is notified by Borrower in writing to the contrary within thirty (30) days of the date each accounting is mailed to Borrower. Such notices notice shall be deemed an objection to those items specifically objected to thereinin the notice.
(g) Borrower shall establish one or more bank accounts for deposits of advances made under the Loans and for deposits of repayments of Third Party Loans, and shall assign such accounts to Lender. Borrower shall not deposit advances from Lender or repayments from borrowers under Third Party Loans into any other accounts.
Appears in 1 contract
Loan Administration. Advances made Borrowings under the Loans Loan shall be as follows:
(a) A request for an advance a Revolving Credit Loan shall be made by made, or shall be deemed to be made, in the following manner:
(i) Borrower giving may give Lender notice of its intention to borrow, in which notice Borrower shall specify the amount of the proposed borrowing, whether such proposed borrowing will be a borrowing under this First Revolving Loan or the Second Revolving Loan, and the proposed borrowing date, not later than 2:00 p.m. Eastern time one (1) business day Business Days prior to the proposed borrowing date; provided, however, that no such request may be made at a time when there exists an Event of Default; and (ii) the becoming due of any amount required to be paid under this Agreement, whether as interest or for any other Obligation, shall be deemed irrevocably to be a request for a Revolving Credit Loan on the due date in the amount required to pay such interest or other Obligation.
(b) In the case of each request for an advance under the First Revolving Loan, Borrower shall deliver to Lender, concurrently with delivery of the notice of borrowing required by clause (a) of this Section 18.4, a Borrowing Base Certificate executed by Borrower and prepared as of a date not more than thirty (30) business days prior to the date of such requested advance.
(c) Borrower hereby irrevocably authorizes Lender to disburse the proceeds of each revolving credit advance Revolving Credit Loan requested, or deemed to be requested, as follows:
(i) the proceeds of each Revolving Credit Loan requested under subsection 2.2(a)(i) shall be disbursed by Lender by wire transfer to such bank account as may be agreed upon by Borrower and Lender from time to time or elsewhere if pursuant to written direction from Borrower; and (ii) the proceeds of each Revolving Credit Loan requested under subsection 2.2(a)(ii) shall be disbursed by Lender by way of direct payment of the relevant interest or other Obligation.
(dc) All revolving credit Revolving Credit Loans, advances and other extensions of credit to or for the benefit of Borrower shall constitute one general Obligation of Borrower Borrower, and shall be secured by Lender’s 's lien upon all of the Collateral.
(ed) Lender shall enter all revolving credit advances Revolving Credit Loans as debits to a loan account in the name of Borrower and shall also record in said loan account all payments made by Borrower on any Obligations and all proceeds of Collateral which are indefeasibly paid to Lender, and may record therein, in accordance with customary accounting practice, other debits and credits, including interest and all charges and expenses properly chargeable to Borrower. All payments and collections into the Concentration Account pursuant to Section 2.3 shall be applied first to fees, costs and expenses due and owing under the Loan Documents, then to interest due and owing under the Loan Documents, and then to principal outstanding under the Loanwith respect to Revolving Credit Loans.
(fe) Lender will account to Borrower monthly with a statement of the Revolving Credit Loans, charges and payments made pursuant to this Agreement, and such accounting rendered by Lender shall be deemed final, binding and conclusive upon Borrower unless Lender is notified by Borrower in writing to the contrary within thirty (30) days of the date each accounting is mailed to Borrower. Such notices notice shall be deemed an objection to those items specifically objected to therein.
(g) Borrower shall establish one or more bank accounts for deposits of advances made under the Loans and for deposits of repayments of Third Party Loans, and shall assign such accounts to Lender. Borrower shall not deposit advances from Lender or repayments from borrowers under Third Party Loans into any other accounts.
Appears in 1 contract
Samples: Loan and Security Agreement (Intensiva Healthcare Corp)
Loan Administration. Advances made under Guarantor acknowledges and agrees that GMACCM has full and absolute control over administration of the Loans shall be Mortgage Loans, including decisions regarding whether to modify the Mortgage Loan terms, extend the Maturity Date, advance additional funds, release collateral, terminate management, franchise or other pledged contractual rights, waive or relinquish rights or remedies, or assign GMACCM's rights and interests, subject to the terms and conditions of such agreements and Mortgage Loan Documents. Notwithstanding the foregoing, GMACCM hereby agrees as follows:
(a) A request for an advance GMACCM shall be made provide Guarantor with copies of all written notices of default sent to each Mortgagor by Borrower giving Lender notice GMACCM;
(b) As to those Mortgage Loan defaults which directly result from the occurrence of its intention to borrowa Monetary Default, in which notice Borrower GMACCM shall specify only accelerate the amount maturity of the proposed borrowingIndebtedness and foreclose on the Mortgaged Property, whether obtain a receiver therefor or accept a deed in lieu thereof if within a period of sixty (60) days (inclusive of any applicable notice and/or grace periods set forth in the Mortgage Loan Documents) from the occurrence of such proposed borrowing will be Monetary Default, the Monetary Default has not been cured by Mortgagor or satisfied by Guarantor in accordance with Section 3 above (with the seven Business Day notice period described in Section 3 being a borrowing under this First Revolving Loan or the Second Revolving Loan, and the proposed borrowing date, not later than 2:00 p.m. Eastern time one (1) business part of such sixty-day prior to the proposed borrowing dateforbearance period); provided, however, (i) the foregoing restrictions shall in no way affect or restrict GMACCM's rights to immediately proceed with its available remedies upon the occurrence of any Mortgage Loan default that is caused by a Bankruptcy Default or a Non-Monetary Default, and (ii) GMACCM shall have no obligation to forbear from pursuing its lawful remedies for such request may be made at sixty-day period if the Monetary Default is a time when there exists an Event of Default.
(b) In the case of each request for an advance under the First Revolving Loan, Borrower shall deliver to Lender, concurrently with delivery of the notice of borrowing required by clause (a) of this Section 18.4, a Borrowing Base Certificate executed by Borrower and prepared as of a date not more than thirty (30) business days prior to the date of such requested advance.Multiple Delinquency;
(c) Borrower hereby authorizes Lender If the Mortgage Loan default is a Non-Monetary Default or if the Monetary Default has not been cured within such sixty-day period or if the Monetary Default is a Multiple Delinquency, GMACCM may, at its option, elect to disburse foreclose on all or a portion of the proceeds Mortgaged Property, appoint a receiver therefor, accept a deed in lieu thereof of each revolving credit advance requested by wire transfer otherwise exercise its rights and remedies as regards the Mortgaged Property and/or the Mortgagor, in which event, GMACCM shall give Guarantor written notice (the "Remedies Notice") of (i) GMACCM's intention to such bank account as may be agreed upon by Borrower pursue its available remedies and Lender from time to time or elsewhere if pursuant to written direction from Borrower.
(dii) All revolving credit advances the aggregate Indebtedness then outstanding, together with per diem interest and other extensions of credit to or for the benefit of Borrower shall constitute one general Obligation of Borrower and shall be secured by Lender’s lien upon all of the Collateral.
(e) Lender shall enter all revolving credit advances as debits to a loan account in the name of Borrower and shall also record in said loan account all payments made by Borrower on any Obligations and all proceeds of Collateral which are indefeasibly paid to Lendercharges, and may record therein, in accordance with customary accounting practice, other debits and credits, including interest and all charges and expenses properly chargeable to Borrower. All payments and collections shall be applied first to fees, costs and expenses due and owing under the Documents, applicable Mortgage Loan. Guarantor shall then to interest due and owing under the Documents, and then to principal outstanding under the Loan.
(f) Lender will account to Borrower monthly with a statement of the Loans, charges and payments made pursuant to this Agreement, and such accounting rendered by Lender shall be deemed final, binding and conclusive upon Borrower unless Lender is notified by Borrower in writing to the contrary within have thirty (30) days to avoid potential exposure for a Loss by instead, exercising Guarantor's Repurchase Option; and
(d) GMACCM will not materially modify the Mortgaged Loan terms, extend the Maturity Date, advance additional funds (except in an emergency) release collateral, terminate management, franchise or other material pledged contractual rights or waive or relinquish material rights or remedies, without first (i) having determined in its business judgment, after considering all facts and circumstances, that to do so is necessary or desirable to prevent a default or to protect the value of the date each accounting is mailed to Borrower. Such notices shall be deemed an objection to those items specifically objected to therein.
(g) Borrower shall establish one or more bank accounts security for deposits of advances made under the Loans and for deposits of repayments of Third Party LoansMortgage Loan, and (ii) notifying Guarantor of GMAC-MC's intent to do so, which notice shall assign such accounts to Lender. Borrower shall not deposit advances from Lender or repayments from borrowers under Third Party Loans into any other accountsalso constitute a Remedies Notice hereunder.
Appears in 1 contract
Loan Administration. Advances made under the Loans shall be as follows:
(a) A request for an advance shall be made by Borrower giving Lender notice of its intention to borrow, in which notice Borrower shall specify the amount of the proposed borrowing, whether such proposed borrowing will be a borrowing under this First Revolving Loan or the Second Revolving Loan, and the proposed borrowing date, not later than 2:00 p.m. Eastern time one (1) business day prior to the proposed borrowing date; provided, however, that no such request may be made at a time when there exists an Event of Default.
(b) In the case of each request for an advance under the First Revolving Loan, Borrower shall deliver to Lender, concurrently with delivery of the notice of borrowing required by clause (a) of this Section 18.4, a Borrowing Base Certificate executed by Borrower and prepared as of a date not more than thirty (30) business days prior to the date of such requested advance.
(c) Borrower hereby authorizes Lender to disburse the proceeds of each revolving credit advance requested by requexxxx xy wire transfer to such bank account as may be agreed upon by Borrower and Lender from time to time or elsewhere if pursuant to written direction from writxxx xxxxction xxxx Borrower.
(dx) All Xxx revolving credit advances and other extensions of credit to or for the benefit of Borrower shall constitute one general Obligation of Borrower and shall be secured by Lender’s 's lien upon all of the Collateral.
(e) Lender shall enter shaxx xxxer all revolving credit advances as debits to a loan account axxxxxx in the name of Borrower and shall also record in said loan account all payments made by Borrower xx Xxxxxwer on any Obligations and all proceeds of Collateral which are indefeasibly paid to Lender, and may record therein, in accordance with customary accounting practice, other debits and credits, including interest and all charges and expenses properly chargeable to Borrower. All payments and collections shall be applied first to fees, costs and expenses due and owing under the Documents, then to interest due and owing under the Documents, and then to principal outstanding under the Loan.
(f) Lender will account to Borrower monthly with a statement of the Loans, charges and payments made pursuant to this Agreement, and such accounting rendered by Lender shall be deemed final, binding and conclusive upon Borrower unless Lender is notified by Borrower in writing to the contrary within thirty thirtx (3000) days of the date each accounting is mailed to Borrower. Such notices shall be deemed an objection to those items specifically objected to therein.
(g) Borrower shall establish one or more bank accounts for deposits of advances made under the Loans and for deposits of repayments of Third Party Loans, and shall assign such accounts to Lender. Borrower shall not deposit advances from Lender or repayments from borrowers under Third Party Loans into any other accounts.
Appears in 1 contract
Loan Administration. Advances made Borrowings under the Loans Loan shall be as follows:
(a) A request for an advance a Revolving Credit Loan shall be made by Borrower giving made, or shall be deemed to be made, in the following manner: (i) Borrowers may give Lender notice of its their intention to borrow, in which notice Borrower Borrowers shall specify the amount of the proposed borrowing, whether such proposed borrowing will be a borrowing under this First Revolving Loan or the Second Revolving Loan, and the proposed borrowing date, not later than 2:00 5:00 p.m. Eastern time one (1) business day Business Day prior to the proposed borrowing date; provided, however, that no such request may be made at a time when there exists an Event of Default (other than a Limited Event of Default); and (ii) the becoming due of any amount required to be paid under this Agreement, whether as interest or for any other Obligation, shall be deemed irrevocably to be a request for a Revolving Credit Loan on the due date in the amount required to pay such interest or other Obligation. With respect to any request for a Revolving Credit Loan which is made not later than 10:30 a.m. Eastern time, Lender shall use its best efforts to advance proceeds of such Revolving Credit Loan by 4:00 p.m. on the same Business Day.
(b) In the case of each request for an advance under the First Revolving Loan, Borrower shall deliver to Lender, concurrently with delivery of the notice of borrowing required by clause (a) of this Section 18.4, a Borrowing Base Certificate executed by Borrower and prepared as of a date not more than thirty (30) business days prior to the date of such requested advance.
(c) Borrower Borrowers hereby authorizes irrevocably authorize Lender to disburse the proceeds of each revolving credit advance Revolving Credit Loan requested, or deemed to be requested, as follows:
(i) the proceeds of each Revolving Credit Loan requested under subsection 2.2(a)(i) shall be disbursed by Lender by wire transfer to such bank account as may be agreed upon by Borrower and Borrowers or Lender from time to time or elsewhere if pursuant to written direction from BorrowerBorrowers; and (ii) the proceeds of each Revolving Credit Loan requested under subsection 2.2(a)(ii) shall be disbursed by Lender by way of direct payment of the relevant interest or other Obligation.
(dc) All revolving credit Revolving Credit Loans, advances and other extensions of credit to or for the benefit of Borrower Borrowers shall constitute one general Obligation of Borrower Borrowers, and shall be secured by Lender’s 's lien upon all of the Collateral.
(ed) Lender shall enter all revolving credit advances Revolving Credit Loans as debits to a loan account in the name of Borrower Borrowers and shall also record in said loan account all payments made by Borrower Borrowers on any Obligations and all proceeds of Collateral which are indefeasibly paid to Lender, and may record therein, in accordance with customary accounting practice, other debits and credits, including interest and all charges and expenses properly chargeable to Borrower. All payments and collections shall be applied first to fees, costs and expenses due and owing under the Documents, then to interest due and owing under the Documents, and then to principal outstanding under the LoanBorrowers.
(fe) Lender will account to Borrower Borrowers monthly with a statement of the Revolving Credit Loans, charges and payments made pursuant to this Agreement, and such accounting account rendered by Lender shall be deemed final, binding and conclusive upon Borrower unless Lender is notified by Borrower in writing to the contrary within thirty (30) days of the date each accounting is mailed to Borrower. Such notices shall be deemed an objection to those items specifically objected to thereinBorrowers absent manifest error.
(g) Borrower shall establish one or more bank accounts for deposits of advances made under the Loans and for deposits of repayments of Third Party Loans, and shall assign such accounts to Lender. Borrower shall not deposit advances from Lender or repayments from borrowers under Third Party Loans into any other accounts.
Appears in 1 contract
Loan Administration. Advances made Borrowings under the Loans Loan shall be as ------------------------------------ follows:.
(a) A request for an advance a Revolving Credit Loan shall be made by made, or shall be deemed to be made, in the following manner:
(i) Borrower giving may give Lender notice of its intention to borrow, in which notice Borrower shall specify the amount of the proposed borrowing, whether such proposed borrowing will be a borrowing under this First Revolving Loan or the Second Revolving Loan, and the proposed borrowing date, not later than 2:00 p.m. Eastern time one two (12) business day Business Days prior to the proposed borrowing date; provided, however, that no such request may be made at a time ----------------- when there exists an Event of Default; and (ii) the becoming due of any amount required to be paid under this Agreement, whether as interest or for any other Obligation, shall be deemed irrevocably to be a request for a Revolving Credit Loan on the due date in the amount required to pay such interest or other Obligation.
(b) In the case of each request for an advance under the First Revolving Loan, Borrower shall deliver to Lender, concurrently with delivery of the notice of borrowing required by clause (a) of this Section 18.4, a Borrowing Base Certificate executed by Borrower and prepared as of a date not more than thirty (30) business days prior to the date of such requested advance.
(c) Borrower hereby irrevocably authorizes Lender to disburse the proceeds of each revolving credit advance Revolving Credit Loan requested, or deemed to be requested, as follows:
(i) the proceeds of each Revolving Credit Loan requested under subsection 2.2(a)(i) shall be disbursed by Lender by wire transfer to such bank account as may be agreed upon by Borrower and or Lender from time to time or elsewhere if pursuant to written direction from Borrower; and (ii) the proceeds of each Revolving Credit Loan requested under subsection 2.2(a)(ii) shall be disbursed by Lender by way of direct payment of the relevant interest or other Obligation.
(dc) All revolving credit Revolving Credit Loans, advances and other extensions of credit to or for the benefit of Borrower shall constitute one general Obligation of Borrower Borrower, and shall be secured by Lender’s 's lien upon all of the Collateral.
(ed) Lender shall enter all revolving credit advances Revolving Credit Loans as debits to a loan account in the name of Borrower and shall also record in said loan account all payments made by Borrower on any Obligations and all proceeds of Collateral which are indefeasibly paid to Lender, and may record therein, in accordance with customary accounting practice, other debits and credits, including interest and all charges and expenses properly chargeable to Borrower. All payments and collections shall be applied first to fees, costs and expenses due and owing under the Documents, then to interest due and owing under the Documents, and then to principal outstanding under the Loan.
(fe) Lender will account to Borrower monthly with a statement of the Revolving Credit Loans, charges and payments made pursuant to this Agreement, Agreement and such accounting account rendered by Lender shall be deemed final, binding and conclusive upon Borrower unless Lender is notified by Borrower in writing to the contrary within thirty (30) days of the date each accounting is mailed to Borrower. Such notices notice shall be deemed an objection to those items specifically objected to therein.
(g) Borrower shall establish one or more bank accounts for deposits of advances made under the Loans and for deposits of repayments of Third Party Loans, and shall assign such accounts to Lender. Borrower shall not deposit advances from Lender or repayments from borrowers under Third Party Loans into any other accounts.
Appears in 1 contract
Samples: Loan and Security Agreement (International Nursing Services Inc)
Loan Administration. Advances made Borrowings under the Loans Loan shall be as -------------------- follows:
(a) A request for an advance a Revolving Credit Loan shall be made by made, or shall be deemed to be made, in the following manner:
(i) Borrower giving may give Lender notice of its intention to borrow, in which notice Borrower shall specify the amount of the proposed borrowing, whether such proposed borrowing will be a borrowing under this First Revolving Loan or the Second Revolving Loan, and the proposed borrowing date, not later than 2:00 3:00 p.m. Eastern time one (1) business day Business Day prior to the proposed borrowing date; provided, however, that no such request may be made at a time when there exists -------- ------- an Event of Default; and (ii) the becoming due of any amount required to be paid under this Agreement, whether as interest or for any other Obligation, shall be deemed irrevocably to be a request for a Revolving Credit Loan on the due date in the amount required to pay such interest or other Obligation.
(b) In the case of each request for an advance under the First Revolving Loan, Borrower shall deliver to Lender, concurrently with delivery of the notice of borrowing required by clause (a) of this Section 18.4, a Borrowing Base Certificate executed by Borrower and prepared as of a date not more than thirty (30) business days prior to the date of such requested advance.
(c) Borrower hereby irrevocably authorizes Lender to disburse the proceeds of each revolving credit advance Revolving Credit Loan requested, or deemed to be requested, as follows:
(i) the proceeds of each Revolving Credit Loan requested under subsection 2.2(a)(i) shall be disbursed by Lender by wire transfer to such bank account as may be agreed upon by Borrower and or Lender from time to time or elsewhere if pursuant to written direction from Borrower; and (ii) the proceeds of each Revolving Credit Loan requested under subsection 2.2(a)(ii) shall be disbursed by Lender by way of direct payment of the relevant interest or other Obligation.
(dc) All revolving credit Revolving Credit Loans, advances and other extensions of credit to or for the benefit of Borrower shall constitute one general Obligation of Borrower Borrower, and shall be secured by Lender’s 's lien upon all of the Collateral.
(ed) Lender shall enter all revolving credit advances Revolving Credit Loans as debits to a loan account in the name of Borrower and shall also record in said loan account all payments made by Borrower on any Obligations and all proceeds of Collateral which are indefeasibly paid to Lender, and may record therein, in accordance with customary accounting practice, other debits and credits, including interest and all charges and expenses properly chargeable to Borrower. All payments and collections into the Concentration Account pursuant to Section 2.3 shall be applied first to fees, costs and expenses due and owing under the Loan Documents, then to interest due and owing under the Loan Documents, and then to principal outstanding under the Loanwith respect to Revolving Credit Loans.
(fe) Lender will account to Borrower monthly with a statement of the Revolving Credit Loans, charges and payments made pursuant to this Agreement, and such accounting rendered by Lender shall be deemed final, binding and conclusive upon Borrower unless Lender is notified by Borrower in writing to the contrary within thirty (30) days of the date each accounting is mailed to Borrower. Such notices notice shall be deemed an objection to those items specifically objected to therein.
(g) Borrower shall establish one or more bank accounts for deposits of advances made under the Loans and for deposits of repayments of Third Party Loans, and shall assign such accounts to Lender. Borrower shall not deposit advances from Lender or repayments from borrowers under Third Party Loans into any other accounts.
Appears in 1 contract
Samples: Loan and Security Agreement (Healthcor Holdings Inc)
Loan Administration. Advances made Borrowings under the Loans Loan shall -------------------- be as follows:
(a) A request for an advance a Revolving Credit Loan shall be made by made, or shall be deemed to be made, in the following manner:
(i) Borrower giving may give Lender notice of its intention to borrow, in which notice Borrower shall specify the amount of the proposed borrowing, whether such proposed borrowing will be a borrowing under this First Revolving Loan or the Second Revolving Loan, and the proposed borrowing date, not later than 2:00 p.m. Eastern time one (1) business day prior to Business Days before the proposed borrowing date; provided, however, that no such request may be made at a time when there exists an Event of Default; and (ii) the becoming due of any amount required to be paid under this Agreement, whether as interest or for any other Obligation, shall be deemed irrevocably to be a request for a Revolving Credit Loan on the day following the due date in the amount required to pay such interest or other Obligation if such was not paid by Borrower on the due date or at the end of any applicable cure period for such payment.
(b) In the case of each request for an advance under the First Revolving Loan, Borrower shall deliver to Lender, concurrently with delivery of the notice of borrowing required by clause (a) of this Section 18.4, a Borrowing Base Certificate executed by Borrower and prepared as of a date not more than thirty (30) business days prior to the date of such requested advance.
(c) Borrower hereby irrevocably authorizes Lender to disburse the proceeds of each revolving credit advance Revolving Credit Loan requested, or deemed to be requested, as follows:
(i) the proceeds of each Revolving Credit Loan requested under subsection 2.2(a)(i) shall be disbursed by Lender by wire transfer to such bank account as may be agreed upon designated in writing by Borrower and Lender from time to time time; and (ii) the proceeds of each Revolving Credit Loan deemed to be requested under subsection 2.2(a)(ii) shall be disbursed by Lender by way of direct payment of the relevant interest or elsewhere if pursuant to written direction from Borrowerother Obligation.
(dc) All revolving credit Revolving Credit Loans, advances and other extensions of credit to or for the benefit of Borrower shall constitute one general Obligation of Borrower Borrower, and shall be secured by Lender’s 's lien upon all of the Collateral.
(ed) Lender shall enter all revolving credit advances Revolving Credit Loans as debits to a loan account in the name of Borrower and shall also record in said loan account all payments made by Borrower on any Obligations and all proceeds of Collateral which are indefeasibly paid to Lender, and may record therein, in accordance with customary accounting practice, other debits and credits, including interest and all charges and expenses properly chargeable to Borrower. All payments and collections into the Concentration Account pursuant to Section 2.3 shall be applied first to fees, costs and expenses due and owing under the Loan Documents, then to interest due and owing under the Loan Documents, and then to principal outstanding under the Loanwith respect to Revolving Credit Loans.
(fe) Lender will account to Borrower monthly with a statement of the Revolving Credit Loans, charges and payments made pursuant to this Agreement, and such accounting rendered by Lender shall be deemed final, binding and conclusive upon Borrower Borrower, absent manifest error, unless Lender is notified by Borrower in writing to the contrary within thirty (30) days of the date each accounting is mailed to Borrower. Such notices notice shall be deemed an objection to those items specifically objected to thereinin the notice.
(g) Borrower shall establish one or more bank accounts for deposits of advances made under the Loans and for deposits of repayments of Third Party Loans, and shall assign such accounts to Lender. Borrower shall not deposit advances from Lender or repayments from borrowers under Third Party Loans into any other accounts.
Appears in 1 contract
Loan Administration. Advances made Borrowings under the Loans Loan shall be as follows:
(a) A request for an advance a Revolving Credit Loan shall be made by made, or shall be deemed to be made, in either of the following manners:
(i) not later than 2:00 pm Eastern time at least one (1) Business Day prior to the proposed date of advance, Borrower giving shall give Lender notice of its intention to borrow, in which notice Borrower shall (A) be in the form of the Borrowing Base Certificate, (B) specify the amount of the proposed borrowing, whether such proposed borrowing will be a borrowing under this First Revolving Credit Loan or the Second Revolving Loan, and the proposed borrowing date, not later than 2:00 p.m. Eastern time one and (1C) business day prior to specify whether the proposed borrowing dateadvance shall be an Accounts Receivable Advance or a Real Estate Advance, or a combination of both; provided, however, that no such request may be made at a time when there exists an Event of Default; and
(ii) in the event that any amount becomes due under the terms of this Agreement which is not paid within any applicable grace or cure period, whether such amount is interest, principal, fees or any other portion of the Obligations, such event shall be deemed to constitute an irrevocable request for a Revolving Credit Loan on the due date in the amount required to pay such Obligation (provided, however, Borrower shall not be liable for an Event of Default arising from the failure of a representation or warranty deemed 19 to have been made at the time any Revolving Credit Loan is made under this Section 2.2(a)(ii).
(b) In the case of each request for an advance under the First Revolving Loan, Borrower shall deliver to Lender, concurrently with delivery of the notice of borrowing required by clause (a) of this Section 18.4, a Borrowing Base Certificate executed by Borrower and prepared as of a date not more than thirty (30) business days prior to the date of such requested advance.
(c) Borrower hereby irrevocably authorizes Lender to disburse the proceeds of each revolving credit advance Revolving Credit Loan requested, or deemed to be requested, as follows:
(i) the proceeds of each Revolving Credit Loan requested under subsection 2.2(a)(i) shall be disbursed by Lender by wire transfer to such bank account as may be agreed upon directed by Borrower and Lender from time to time or elsewhere if pursuant to written direction from Borrower; and
(ii) the proceeds of each Revolving Credit Loan requested under subsection 2.2(a)(ii) shall be disbursed by Lender by way of direct payment by Lender of the relevant interest or other Obligation; provided, however, that Lender agrees that it shall provide Borrower with an invoice specifying the amounts to be disbursed pursuant to this Section 2.2(b)(ii).
(dc) All revolving credit Revolving Credit Loans, advances and other extensions of credit to or for the benefit of Borrower (including, without limitation, all Real Estate Advances and all Accounts Receivable Advances) shall constitute one general Obligation of Borrower Borrower, and shall be secured by Lender’s the lien upon all of on, and security interest in, the Collateral.
(ed) Lender shall enter all revolving credit advances Revolving Credit Loans as debits to a loan account in the name of Borrower and shall also record in said such loan account all payments made by Borrower on any Obligations and all proceeds of Collateral which are indefeasibly paid to Lender, and may record therein, in accordance with customary accounting practice, other debits and credits, including interest and all charges and expenses properly chargeable to Borrower. All payments and collections into the Concentration Account pursuant to Section 2.3 hereof shall be applied first to fees, costs and expenses due and owing under the Loan Documents, then to interest due and owing under the Loan Documents, and then to principal outstanding under the Loanwith respect to Revolving Credit Loans.
(fe) On a monthly basis, Lender will account provide to Borrower monthly with a statement of the Revolving Credit Loans, charges and payments made pursuant to this Agreement, and such accounting rendered by Lender shall be deemed final, binding and conclusive 20 upon Borrower unless Lender is notified by Borrower in writing to the contrary within thirty (30) days of the date each accounting is mailed to Borrowerreceived by Borrower (which receipt may be confirmed by Lender either by an overnight delivery service, facsimile confirmation or U.S. mail return receipt). Such notices notice shall be deemed an objection to those items specifically objected to therein.
(g) Borrower shall establish one or more bank accounts for deposits of advances made under the Loans and for deposits of repayments of Third Party Loans, and shall assign such accounts to Lender. Borrower shall not deposit advances from Lender or repayments from borrowers under Third Party Loans into any other accounts.
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Loan Administration. Advances made Borrowings, Conversions and Continuations under the Loans Loan shall be as follows:
(a) A request for a Revolving Credit Loan or to convert any portion of an advance outstanding (x) Base Rate Loan into one or more LIBOR Loans or Adjusted Monthly LIBOR Loans or (y) Adjusted Monthly LIBOR Loan into a Base Rate Loan or one or more LIBOR Loans (a “Conversion”), or to continue all or any portion of an outstanding LIBOR Loan or Adjusted Monthly LIBOR Loan for another additional LIBOR Period (a “Continuation”) shall be made by Borrower giving made, or shall be deemed to be made, in the following manner: (i) Borrowers shall give Lender notice of its their intention to borrow, convert or continue any Loans, as applicable, in which notice Borrower Borrowers shall specify the following: (A) the date of the requested borrowing, Conversion or Continuation, which date shall be a Business Day, (B) in the case of a Conversion or Continuation, the existing Loans or portions of such Loans affected by such notice, (C) the amount of the proposed borrowings to be incurred or to be created by such Conversion or Continuation, (D) in the case of a borrowing, whether Conversion or Continuation of a LIBOR Loan, the duration of the LIBOR Period of the requested borrowing and (E) such proposed other information as Lender may request. In the case of a LIBOR Loan, such notice shall be delivered to Lender no later than three (3) Business Days before the requested date of such borrowing will be or Continuation of or Conversion into a borrowing under this First Revolving Loan or the Second Revolving LIBOR Loan, and in the proposed borrowing datecase of a Base Rate Loan or Adjusted Monthly LIBOR Loan, not such notice shall be delivered to Lender no later than 2:00 p.m. Eastern time one (1) business day prior to Time on the proposed borrowing date; Business Day before the requested date of such borrowing, provided, however, that no such request for a borrowing, Continuation or a Conversion may be made at a time when there exists an Event of Default; and (ii) the becoming due of any amount required to be paid under this Agreement, whether as interest or for any other Obligation, shall be deemed irrevocably to be a request for a Revolving Credit Loan on the day following the due date in the amount required to pay such interest or other Obligation if such was not paid by Borrowers on the due date. If a request for a Conversion or Continuation is not timely made prior to the expiration of a LIBOR Period, or if it is not made in accordance with this Section, the portions of the Loan proposed to be affected thereby shall be converted into, or continued as, Base Rate Loans.
(b) In the case of each request for an advance under the First Revolving Loan, Borrower shall deliver to Lender, concurrently with delivery of the notice of borrowing required by clause (a) of this Section 18.4, a Borrowing Base Certificate executed by Borrower and prepared as of a date not more than thirty (30) business days prior to the date of such requested advance.
(c) Borrower Borrowers hereby authorizes irrevocably authorize Lender to disburse the proceeds of each revolving credit advance Revolving Credit Loan requested, or deemed to be requested, as follows: (i) the proceeds of each Revolving Credit Loan requested under subsection 2.2(a)(i) shall be disbursed by Lender by wire transfer to such bank account as may be agreed upon by Borrower Borrowers and Lender from time to time or elsewhere if pursuant to written direction from BorrowerBorrowers; and (ii) the proceeds of each Revolving Credit Loan deemed to be requested under subsection 2.2(a)(ii) shall be disbursed by Lender by way of direct payment of the relevant interest or other Obligation.
(dc) All revolving credit Revolving Credit Loans, advances and other extensions of credit to or for the benefit of Borrower Borrowers shall constitute one general Obligation of Borrower Borrowers, and shall be secured by Lender’s lien upon all of the Collateral.
(ed) Lender shall enter all revolving credit advances Revolving Credit Loans as debits to a loan account in the name of Borrower Borrowers and shall also record in said loan account all payments made by Borrower Borrowers on any Obligations and all proceeds of Collateral which are indefeasibly paid to Lender, and may record therein, in accordance with customary accounting practice, other debits and credits, including interest and all charges and expenses properly chargeable to BorrowerBorrowers. All payments and collections into the Concentration Account pursuant to Section 2.3 shall be applied first to fees, costs and expenses due and owing under the Loan Documents, then to interest due and owing under the Loan Documents, and then to principal outstanding under the Loanwith respect to Revolving Credit Loans.
(fe) Lender will account to Borrower Borrowers monthly with a statement of the Revolving Credit Loans, charges and payments made pursuant to this Agreement, and such accounting rendered by Lender shall be deemed final, binding and conclusive upon Borrower Borrowers, absent manifest error, unless Lender is notified by Borrower Borrowers in writing to the contrary within thirty (30) days of the date each accounting is mailed to BorrowerBorrowers. Such notices notice shall be deemed an objection to those items specifically objected to thereinin the notice.
(g) Borrower shall establish one or more bank accounts for deposits of advances made under the Loans and for deposits of repayments of Third Party Loans, and shall assign such accounts to Lender. Borrower shall not deposit advances from Lender or repayments from borrowers under Third Party Loans into any other accounts.
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Loan Administration. Advances made Borrowings under the Loans Loan shall be as --------------------- follows:
(a) A request for an advance a Revolving Credit Loan shall be made by made, or shall be deemed to be made, in the following manner:
(i) Borrower giving may give Lender written notice of its intention to borrow, in which notice Borrower shall specify the amount of the proposed borrowing, whether such proposed borrowing will be a borrowing under this First Revolving Loan or the Second Revolving Loan, and the proposed borrowing date, not later than 2:00 p.m. Eastern time one two (12) business day prior to Business Days before the proposed borrowing date; provided, however, that no such request may be made at a time -------- ------- when there exists an Event of Default; or (ii) when any amount required to be paid under this Agreement, whether as interest or for any other Obligation, becomes due, such event shall be deemed irrevocably to be a request for a Revolving Credit Loan on the day following the due date in the amount required to pay such interest or other Obligation if such was not paid by Borrower on the due date.
(b) In the case of each request for an advance under the First Revolving Loan, Borrower shall deliver to Lender, concurrently with delivery of the notice of borrowing required by clause (a) of this Section 18.4, a Borrowing Base Certificate executed by Borrower and prepared as of a date not more than thirty (30) business days prior to the date of such requested advance.
(c) Borrower hereby irrevocably authorizes Lender to disburse the proceeds of each revolving credit advance Revolving Credit Loan requested, or deemed to be requested, as follows:
(i) the proceeds of each Revolving Credit Loan requested under subsection 2.2(a)(i) shall be disbursed by Lender by wire transfer to such bank account as may be agreed upon by Borrower and Lender from time to time or elsewhere if pursuant to written direction from Borrower; and (ii) the proceeds of each Revolving Credit Loan deemed to be requested under subsection 2.2(a)(ii) shall be disbursed by Lender by way of direct payment of the relevant interest or other Obligation.
(dc) All revolving credit Revolving Credit Loans, advances and other extensions of credit to or for the benefit of Borrower shall constitute one general Obligation of Borrower Borrower, and shall be secured by Lender’s 's lien upon all of the Collateral. ______________________ 1 To demonstrate the methodology, the following is an illustration of the application of liquidity factors: If Borrower historically collects x% of invoiced insurance claims (where x is a number between 0 and 100) within the eligibility period, the liquidity factor would be x%, so that availability against such class of Accounts in the aggregate would be equal to Qualified Accounts multiplied by an x% liquidity factor and then multiplied by the 85% ---- advance rate.
(ed) Lender shall enter all revolving credit advances Revolving Credit Loans as debits to a loan account in the name of Borrower and shall also record in said loan account all payments made by Borrower on any Obligations and all proceeds of Collateral which that are indefeasibly paid to Lender, and may record therein, in accordance with customary accounting practice, other debits and credits, including interest and all charges and expenses properly chargeable to Borrower. All payments and collections into the Concentration Account pursuant to Section 2.3 shall be applied first to fees, costs and expenses due and owing under the Loan Documents, then to interest due and owing under the Loan Documents, and then to principal outstanding under the Loanwith respect to Revolving Credit Loans.
(fe) Lender will account to shall provide Borrower on a monthly basis with a statement of the Revolving Credit Loans, charges and payments made pursuant to this Agreement, and such accounting rendered statement provided by Lender shall be deemed final, binding and conclusive upon Borrower Borrower, absent manifest error, unless Lender is notified by Borrower in writing to the contrary within thirty (30) days of the date each accounting is mailed to Borrower. Such notices notice shall be deemed an objection to those items specifically objected to thereinin the notice.
(g) Borrower shall establish one or more bank accounts for deposits of advances made under the Loans and for deposits of repayments of Third Party Loans, and shall assign such accounts to Lender. Borrower shall not deposit advances from Lender or repayments from borrowers under Third Party Loans into any other accounts.
Appears in 1 contract
Samples: Loan and Security Agreement (New York Health Care Inc)
Loan Administration. Advances made Borrowings under the Loans shall be as follows:: --------------------
(ai) A request for an advance a Revolving Credit Loan shall be made by Borrower giving Lender made, or shall be deemed to be made, in the following manner:
(A) Company may give Agent notice of its intention to borrow, in which notice Borrower Company shall specify the amount of the proposed borrowing, whether such proposed borrowing will Revolving Credit Loan shall be a borrowing under this First Revolving Base Rate Loan or the Second a Revolving LIBOR Rate Loan, whether funds shall be disbursed by wire transfer or by issuance of a Letter of Credit and the proposed borrowing date, not later than 2:00 p.m. Eastern time one (1) business day prior to Business Day before the proposed borrowing date or in the case of a Letter of Credit, ten (10) Business Days before the proposed borrowing date, identifying the beneficiary, describing the nature of the transactions proposed and providing the form of the Letter of Credit being requested; provided, however, that no such -------- ------- request may be made if, at such time, a time when there exists Default has occurred and is continuing, or an Event of DefaultDefault has occurred.
(bB) In If any amount shall be required to be paid by Borrowers under this Agreement, whether as interest or for any other Obligation, then the occurrence of the due date with respect to such amount shall be deemed irrevocably to be a request for a Revolving Credit Loan on the day following the due date in the amount required to pay such interest or other Obligation if such was not paid by Borrowers on the due date.
(ii) A request for a Term Loan shall be made in the following manner: Company may give Agent notice of its intention to borrow, in which notice Company shall specify (A) the amount of the proposed borrowing, (B) whether the proposed borrowing will be a Permitted Transaction Borrowing (and, if so, what type of borrowing), a Consent Borrowing or an Unrestricted Borrowing, (C) if the proposed borrowing is a Permitted Transaction Borrowing, whether funds shall be disbursed by wire transfer or by issuance of a Letter of Credit, (D) the proposed borrowing date, not later than 2:00 p.m. Eastern time (x) two (2) Business Days before the proposed borrowing date for Unrestricted Borrowings, (y) fifteen (15) Business Days before the proposed borrowing date for Permitted Transaction Borrowings (except that Permitted Transaction Borrowings in the amount requested by Company prior to the Closing Date shall be advanced on the Closing Date) or in the case of each request a Letter of Credit, ten (10) Business Days before the proposed borrowing date, and (z) fifteen (15) Business Days before the proposed borrowing date for an advance under Consent Borrowings, (E) in reasonable detail the First Revolving Loanproposed use of such proceeds, Borrower shall deliver to Lenderor, concurrently with delivery for Letters of Credit, the beneficiary, the nature of the notice transactions proposed and shall provide the form of borrowing the Letter of Credit being requested, and (F) for Permitted Transaction Borrowings and Consent Borrowings, certificates required by clause (a) of this Section 18.4to be delivered for the relevant transaction under Article VII; provided, that no such request may be made if, at such time, a Borrowing Base Certificate executed by Borrower Default has occurred and prepared as is continuing, or an Event of a date not more Default has occurred; and provided further, that (A) such notice shall be delivered, if at all, no later than thirty six (306) business days months prior to the date of such requested advance.
Stated Maturity Date; (c) Borrower hereby authorizes Lender to disburse the proceeds of each revolving credit advance requested by wire transfer to such bank account as may be agreed upon by Borrower and Lender from time to time or elsewhere if pursuant to written direction from Borrower.
(d) All revolving credit advances and other extensions of credit to or for the benefit of Borrower shall constitute one general Obligation of Borrower and shall be secured by Lender’s lien upon all of the Collateral.
(e) Lender shall enter all revolving credit advances as debits to a loan account in the name of Borrower and shall also record in said loan account all payments made by Borrower on any Obligations and all proceeds of Collateral which are indefeasibly paid to Lender, and may record therein, in accordance with customary accounting practice, other debits and credits, including interest and all charges and expenses properly chargeable to Borrower. All payments and collections shall be applied first to fees, costs and expenses due and owing under the Documents, then to interest due and owing under the Documents, and then to principal outstanding under the Loan.
(f) Lender will account to Borrower monthly with a statement of the Loans, charges and payments made pursuant to this Agreement, and such accounting rendered by Lender shall be deemed final, binding and conclusive upon Borrower unless Lender is notified by Borrower in writing to the contrary within thirty (30) days of the date each accounting is mailed to Borrower. Such notices shall be deemed an objection to those items specifically objected to therein.
(g) Borrower shall establish one or more bank accounts for deposits of advances made under the Loans and for deposits of repayments of Third Party Loans, and shall assign such accounts to Lender. Borrower shall not deposit advances from Lender or repayments from borrowers under Third Party Loans into any other accounts.
Appears in 1 contract
Samples: Loan and Security Agreement (Harborside Healthcare Corp)
Loan Administration. Advances made Borrowings under the Loans shall DIP Loan will ------------------- be as follows:
(a) A request for an advance shall a Revolving Credit Loan will be made by made, or will be deemed to be made, in the following manner:
(i) Borrower giving may give Lender written notice of its intention to borrow, in which notice Borrower shall will, specify the amount of the proposed borrowing, whether such proposed borrowing will be a borrowing under this First Revolving Loan or the Second Revolving Loan, and the proposed borrowing date, not later than 2:00 p.m. Eastern time one (1) business day Business Day prior to the proposed borrowing date; provided, however, that no such request may be made at a time -------- ------- when there exists an a Default or Event of Default has occurred and is continuing; and (ii) prior to the occurrence and continuance of a Default or Event of Default, the becoming due of any amount required to be paid under this Agreement, whether as interest or for any other Obligations, will be deemed irrevocably to be a request for a Revolving Credit Loan on the due date in the amount required to pay such interest or other Obligation.
(b) In the case of each request for an advance under the First Revolving Loan, Borrower shall deliver to Lender, concurrently with delivery of the notice of borrowing required by clause (a) of this Section 18.4, a Borrowing Base Certificate executed by Borrower and prepared as of a date not more than thirty (30) business days prior to the date of such requested advance.
(c) Borrower hereby irrevocably authorizes Lender to disburse the proceeds of each revolving credit advance Revolving Credit Loan requested, or deemed to be requested, as follows: (i) the proceeds of each Revolving Credit Loan requested under subsection 2.2(a)(i) will be disbursed by Lender by wire transfer to such bank an account as may specified in writing by Borrower; and (ii) the proceeds of each Revolving Credit Loan requested under subsection 2.2(a)(ii) will be agreed upon disbursed by Borrower and Lender from time to time by way of direct payment of the relevant interest or elsewhere if pursuant to written direction from Borrowerother Obligation.
(dc) All revolving credit Revolving Credit Loans, advances and other extensions of credit to or for the benefit of Borrower shall will constitute one general Obligation of Borrower Borrower, and shall will be secured by Lender’s lien 's Lien upon all of the Collateral.
(ed) Lender shall will enter all revolving credit advances Revolving Credit Loans as debits to a loan account in the name of Borrower and shall will also record in said loan account all payments made by Borrower on any Obligations and all proceeds of Collateral which are indefeasibly paid to Lender, and may record therein, in accordance with customary accounting practice, other debits and credits, including interest and all charges and expenses properly chargeable to Borrower. Except in the case of manifest error in computation, such loan account will be conclusive and binding on Borrower as to the amount at any time due to Lender from Borrower under this Agreement and the Note. All payments and or other collections shall by Lender on or with respect to the Obligations will be applied first to fees, costs costs, and expenses due and owing under the DocumentsLoan Documents (in such order of priority as Lender may elect in its sole discretion), then to interest due and owing under the Loan Documents, then to principal outstanding with respect to Revolving Credit Loans, and then to principal outstanding under the LoanPre-Petition Debt.
(f) Lender will account to Borrower monthly with a statement of the Loans, charges and payments made pursuant to this Agreement, and such accounting rendered by Lender shall be deemed final, binding and conclusive upon Borrower unless Lender is notified by Borrower in writing to the contrary within thirty (30) days of the date each accounting is mailed to Borrower. Such notices shall be deemed an objection to those items specifically objected to therein.
(g) Borrower shall establish one or more bank accounts for deposits of advances made under the Loans and for deposits of repayments of Third Party Loans, and shall assign such accounts to Lender. Borrower shall not deposit advances from Lender or repayments from borrowers under Third Party Loans into any other accounts.
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