Common use of Loan Requests Clause in Contracts

Loan Requests. A request for a Revolving Credit Loan shall be made, or shall be deemed to be made, in the following manner: (i) Borrower may give Lender notice of its intention to borrow, in which notice Borrower shall specify the amount of the proposed borrowing and the proposed borrowing date, no later than 11:00 a.m. Connecticut time on the proposed borrowing date, provided, however, that no such request may be made at a time when there exists a Default or 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. As an accommodation to Borrower, Lender may permit facsimile or electronic requests for loans and electronic transmittal of instructions, authorizations, agreements or reports to Lender by Borrower. Unless Borrower specifically directs Lender in writing not to accept or act upon facsimile or electronic communications from Borrower, Lender shall have no liability to Borrower for any loss or damage suffered by Borrower as a result of Lender’s honoring of any requests, execution of any instructions, authorizations or agreements or reliance on any reports communicated to it by facsimile or electronically and purporting to have been sent to Lender by Borrower and Lender shall have no duty to verify the origin of any such communication or the authority of the person sending it.

Appears in 2 contracts

Samples: Loan and Security Agreement (Iwt Tesoro Corp), Loan and Security Agreement (Iwt Tesoro Corp)

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Loan Requests. A request for a Revolving Credit Loan shall be made, or shall be deemed to be made, in the following manner: (ia) Borrower may give Lender Administrative Agent notice of its intention to borrow, in which notice Borrower shall specify the amount of the proposed borrowing and the proposed borrowing date, no later than 11:00 a.m. Connecticut time (New York time) on the proposed borrowing date, date (which also shall be a Business Day); provided, however, that no such request may be made at a time when there exists a Default or an Event of Default; the conditions precedent set forth in Section 9A hereof are not satisfied, and (iib) the becoming due of any amount required to be paid under this Agreement, the Fee Letter, any Revolving Note or Term Note, or any other Loan Document, whether as of principal or 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 principal, interest, or other Obligation. As an accommodation to Borrower, Lender Administrative Agent may permit facsimile or electronic telephonic requests for loans Revolving Credit Loans and electronic transmittal of instructions, authorizations, agreements agreements, or reports to Lender Administrative Agent by Borrower. Unless Borrower specifically directs Lender Administrative Agent in writing not to accept or act upon facsimile telephonic or electronic communications from Borrower, neither Agent nor any other member of the Lender Group shall have no any liability to Borrower for any loss or damage suffered by Borrower as a result of Lender’s Administrative Agent's honoring of any requests, execution of any instructions, authorizations authorizations, or agreements agreements, or reliance on any reports communicated to it by facsimile telephonically or electronically and purporting to have been sent to Lender Administrative Agent by Borrower Borrower, and Lender Administrative Agent shall have no duty to verify the origin of any such communication or the authority of the person sending it.

Appears in 2 contracts

Samples: Loan and Security Agreement (Questron Technology Inc), Loan and Security Agreement (Questron Technology Inc)

Loan Requests. A request for a Revolving Credit Loan shall be made, or shall be deemed to be made, in the following manner: (i) Borrower may give Lender notice of its intention to borrow, in which notice Borrower shall specify the amount of the proposed borrowing and the proposed borrowing date, no later than 11:00 a.m. Connecticut Chicago time on the proposed borrowing date, provided, however, that no such request may be made at a time when there exists a Default or an Event of Default; and (ii) the becoming due of any amount required to be paid under this AgreementAgreement or the Term Note, 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. As an accommodation to Borrower, Lender may permit facsimile or electronic telephonic requests for loans and electronic transmittal of instructions, authorizations, agreements or reports to Lender by Borrower. Unless Borrower Borrower, as applicable, specifically directs Lender in writing not to accept or act upon facsimile telephonic or electronic communications from Borrower, Lender shall have no liability to Borrower for any loss or damage suffered by Borrower as a result of Lender’s 's honoring of any requests, execution of any instructions, authorizations or agreements or reliance on any reports communicated to it by facsimile telephonically or electronically and purporting to have been sent to Lender by Borrower and Lender shall have no duty to verify the origin of any such communication or the authority of the person sending it.

Appears in 1 contract

Samples: Loan and Security Agreement (Eagle Pacific Industries Inc/Mn)

Loan Requests. A request for a Revolving Credit Loan shall be made, or shall be deemed to be made, in the following manner: (i) Borrower may give Lender notice of its intention to borrow, in which notice Borrower shall specify the amount of the proposed borrowing and the proposed borrowing date, no later than 11:00 a.m. Connecticut New York time on the proposed borrowing date, provided, however, that no such request may be made at a time when there exists a Default or 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. As an accommodation to Borrower, Lender may permit facsimile telephonic or electronic xxxxxronic requests for loans and electronic transmittal of instructions, authorizations, agreements or reports to Lender by Borrower. Unless Borrower specifically specixxxxxxx directs Lender in writing not to accept or act upon facsimile telephonic or electronic communications from Borrower, Lender shall have no liability to Borrower for any loss or damage suffered by Borrower as a result of Lender’s 's honoring of any requestsrequesxx, execution xxecution of any instructions, authorizations or agreements or reliance on any reports communicated to it by facsimile telephonically or electronically and purporting to have been sent to Lender by Borrower and Lender shall have no duty to verify the origin of any such communication or the authority of the person sending it.

Appears in 1 contract

Samples: Loan and Security Agreement (Pure World Inc)

Loan Requests. A request for a Revolving Credit Loan shall be made, or shall be deemed to be made, in the following manner: (i) Borrower may give Lender notice of its intention to borrow, in which notice Borrower shall specify the amount of the proposed borrowing and the proposed borrowing date, no later than 11:00 a.m. Connecticut St. Louis time on the proposed borrowing date, provided, however, that no such request may be made at a time when there exists a Default or 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. As an accommodation to Borrower, Lender may permit facsimile telephonic or electronic requests for loans and electronic transmittal of instructions, authorizations, agreements or reports to Lender by Borrower. Unless Borrower specifically directs Lender in writing not to accept or act upon facsimile telephonic or electronic communications from Borrower, Lender shall have no liability to Borrower for any loss or damage suffered by Borrower as a result of Lender’s honoring of any requests, execution of any instructions, authorizations or agreements or reliance on any reports communicated to it by facsimile telephonically or electronically and purporting to have been sent to Lender by Borrower and Lender shall have no duty to verify the origin of any such communication or the authority of the person sending it.

Appears in 1 contract

Samples: Loan and Security Agreement (Allied Healthcare Products Inc)

Loan Requests. A request for a Revolving Credit Loan shall be made, or shall be deemed to be made, in the following manner: (i) Borrower may give Lender notice Agent a Notice of its intention to borrowRevolving Credit Loan, in which notice Borrower shall specify the amount of the proposed borrowing and the proposed borrowing date, no later than 11:00 a.m. Connecticut time on the proposed borrowing date, provided, however, that no such request may be made at a time when there exists and is continuing a Default or an Event of Default; and (ii) the becoming due of any amount required to be paid under this Agreement, the Term Notes A or Term Notes B, 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. As an accommodation to Borrower, Lender Agent may permit facsimile or electronic telephonic requests for loans and electronic transmittal of instructions, authorizations, agreements or reports to Lender Agent by Borrower. Unless Borrower specifically directs Lender Agent in writing not to accept or act upon facsimile telephonic or electronic communications from Borrower, Lender Agent shall have no liability to Borrower for any loss or damage suffered by any Borrower as a result of Lender’s Agent's honoring of any requests, execution of any instructions, authorizations or agreements or reliance on any reports communicated to it by facsimile telephonically or electronically and purporting to have been sent to Lender Agent by Borrower and Lender Agent shall have no duty to verify the origin of any such communication or the authority of the person sending it. Except as otherwise provided in Section 2.1.1(B), each Revolving Credit Loan shall be made on notice, given not later than 11:00 a.m. (Milwaukee time) on the Business Day of the proposed Revolving Credit Loan, by Borrower to Agent, which shall give to each Lender prompt written notice thereof by telecopier, telex or cable. Each such notice (a "Notice of Revolving Credit Loan") shall be in writing or by telephone to Agent at (000) 000-0000, confirmed immediately in writing, specifying therein the requested date and amount of such Revolving Credit Loan. Each Lender shall, not later than 2:00 p.m. (Milwaukee time) on each requested date, wire to a bank designated by Agent the amount of that Lender's Revolving Credit Percentage of the requested Revolving Credit Loan. Agent shall, before 2:30 P.M. (Milwaukee time) on the date of the proposed Revolving Credit Loan, subject to the provisions hereof, wire to a bank designated by Borrower and reasonably acceptable to Agent, the amount of such Revolving Credit Loan to the extent received from the Lenders. The failure of any Lender to make the Revolving Credit Loan to be made by it shall not relieve any other Lender of its obligation hereunder to make its Revolving Credit Loan. Neither Agent nor any other Lender shall be responsible for the failure of any other Lender to make the Revolving Credit Loan to be made by such other Lender. If at any time one or more Lenders refuse or fail to make a requested Revolving Credit Loan when all conditions to a Revolving Credit Loan have been satisfied or waived, then Agent may, at its option, but shall have no obligation whatsoever to, purchase all, but not less than all, of the Revolving Credit Note, Term Note A, Term Note B and interests and obligations in respect to the LC Amount held by the Lender(s) (a "Defaulting Lender") who so fail or refuse, and to assume such Lender's commitments to make Revolving Credit Loans and each such Lender shall be obligated to sell and transfer such Revolving Credit Note, Term Note A, Term Note B and interests and obligations in respect to the LC Amount to Agent for a price in cash equal to the principal balance outstanding plus all accrued but unpaid interest thereon plus all accrued but unpaid fees due any such Defaulting Lender under the terms hereof, and the foregoing provisions of this Section will be applicable to Agent with respect to the Revolving Credit Notes so purchased by it. In the event that Agent does not so purchase the interest of any such Defaulting Lender, then Borrower, at its option and expense, may obtain a substitute Lender (who shall be reasonably acceptable to Agent) for the Defaulting Lender. In such event, Borrower shall provide written notice to the Defaulting Lender and Agent that Borrower requires such Defaulting Lender to sell and transfer all of its interest in this Agreement and its Revolving Credit Note, Term Note A, Term Note B, Revolving Credit Loan Commitments and interests and obligations in respect to the LC Amount to such substitute Lender for a price in cash equal to the principal balance plus all accrued by unpaid interest thereon plus all accrued but unpaid fees due any such Defaulting Lender under the terms hereof, and the foregoing provisions of this Section will be applicable to such substitute Lender with respect to the Revolving Credit Notes purchased by it. Upon such purchase, the Defaulting Lender shall be relieved of any further liability or obligation under the Loan Documents, however such purchase by either Agent or a substitute Lender, shall not relieve any such Defaulting Lender from any breach of contract claims available to Agent and/or Borrower against such Lender as a result of its failure to make any such Revolving Credit Loan.

Appears in 1 contract

Samples: Loan and Security Agreement (Eagle Pacific Industries Inc/Mn)

Loan Requests. A request for a Revolving Credit Loan shall be made, or shall be deemed to be made, in the following manner: (i) Borrower may give Lender notice of its intention to borrow, in which notice Borrower shall specify the amount of the proposed borrowing and the proposed borrowing date, no later than 11:00 a.m. Connecticut New York time on the proposed borrowing date, provided, however, that no such request may be made at a time when there exists a Default or an Event of Default; and (ii) the becoming due of any amount required to be paid under this AgreementAgreement or the Revolving Note(s), 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. As an accommodation to Borrower, Lender may permit facsimile or electronic telephonic requests for loans and electronic transmittal of instructions, authorizations, agreements or reports to Lender by Borrower. Unless Borrower specifically directs Lender in writing not to accept or act upon facsimile telephonic or electronic communications from Borrower, Lender shall have no liability to Borrower for any loss or damage suffered by Borrower as a result of Lender’s 's honoring of any requests, execution of any instructions, authorizations or agreements or reliance on any reports communicated to it by facsimile telephonically or electronically and purporting to have been sent to Lender by Borrower and Lender shall have no duty to verify the origin of any such communication or the authority of the person sending it.

Appears in 1 contract

Samples: Loan and Security Agreement (Zoom Telephonics Inc)

Loan Requests. A request for a Revolving Credit Loan shall be made, or shall be deemed to be made, in the following manner: (ia) Borrower may give Lender notice of its intention to borrow, in which notice Borrower shall specify the amount of the proposed borrowing and the proposed borrowing date, no later than 11:00 a.m. Connecticut time (Los Angeles time) on the proposed borrowing date, provided, however, that no such request may be made at a time when there exists a Default or an Event of Default; the conditions precedent set forth in Section 9A are not satisfied: and (iib) the becoming due of any amount required to be paid under this AgreementAgreement or the Term Note, 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. As an accommodation to Borrower, Lender may permit facsimile or electronic telephonic requests for loans and electronic transmittal of instructions, authorizations, agreements or reports to Lender by Borrower. Unless Borrower specifically directs Lender in writing not to accept or act upon facsimile telephonic or electronic communications from Borrower, Lender shall have no liability to Borrower for any loss or damage suffered by Borrower as a result of Lender’s 's honoring of any requests, execution of any instructions, authorizations or agreements agreements, or reliance on any reports communicated to it by facsimile telephonically or electronically and purporting believed in good faith by Lender to have been sent to Lender by Borrower Borrower, and Lender shall have no duty to verify the origin of any such communication or the authority of the person sending it.

Appears in 1 contract

Samples: Loan and Security Agreement (Meade Instruments Corp)

Loan Requests. A request for a Revolving Credit Loan shall be made, or shall be deemed to be made, in the following manner: (ia) Borrower may give Lender notice of its intention to borrow, in which notice Borrower shall specify the amount of the proposed borrowing and the proposed borrowing date, no later than 11:00 a.m. Connecticut time (Los Angeles time) on the proposed borrowing date, ; provided, however, that no such request may be made at a time when there exists a Default or an Event of Default; the conditions precedent set forth in Section 9A hereof are not satisfied, and (iib) 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. As an accommodation to Borrower, Lender may permit facsimile or electronic telephonic requests for loans Loans and electronic transmittal of instructions, authorizations, agreements or reports to Lender by Borrower. Unless Borrower specifically directs Lender in writing not to accept or act upon facsimile telephonic or electronic communications from Borrower, Lender shall have no liability to Borrower for any loss or damage suffered by Borrower as a result of Lender’s 's honoring of any requests, execution of any instructions, authorizations authorizations, or agreements agreements, or reliance on any reports communicated to it by facsimile telephonically or electronically and purporting to have been sent to Lender by Borrower Borrower, and Lender shall have no duty to verify the origin of any such communication or the authority of the person sending it.

Appears in 1 contract

Samples: Loan and Security Agreement (Peregrine Real Estate Trust)

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Loan Requests. A request for a Revolving Credit Loan shall be made, or shall be deemed to be made, in the following manner: (i) Borrower may give Lender notice of its intention to borrow, in which notice Borrower shall specify the amount of the proposed borrowing and the proposed borrowing date, no later than 11:00 a.m. Connecticut time Los Angeles time, on the proposed borrowing date, provided, however, that no such request may be made at a time when there exists a Default or an Event of Default; Default and (ii) the becoming due of any amount required to be paid under this AgreementAgreement or the Term Notes, whether as interest or for any other Obligation, irrevocably 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. As an accommodation to Borrower, Lender may permit facsimile or electronic telephonic requests for loans Loans and electronic transmittal of instructions, authorizations, agreements or reports to Lender by Borrower. Unless Borrower specifically directs Lender in writing not to accept or act upon facsimile telephonic or electronic communications from Borrower, Lender shall have no liability to Borrower for any loss or damage suffered by Borrower as a result of Lender’s 's honoring of any requests, execution of any instructions, authorizations or agreements agreements, or reliance on any reports communicated to it by facsimile telephonically or electronically and purporting believed in good faith by Lender to have been sent to Lender by Borrower and Lender shall have no duty to verify the origin of any such communication or the authority of the person sending it.

Appears in 1 contract

Samples: Loan and Security Agreement (First Aviation Services Inc)

Loan Requests. A Subject to Section 3.1.6, a request for a Revolving Credit Loan shall be made, or shall be deemed to be made, in the following manner: (i) Borrower Borrowers may give Lender Agent notice of its their intention to borrow, in which notice Borrower Borrowers shall specify the amount of the proposed borrowing and the proposed borrowing date, no later than 11:00 a.m. Connecticut time 1:00 p.m. (Eastern Time) on the Business Day of the proposed borrowing datedate (any request received after 1:00 p.m. (Eastern Time) shall be deemed to be made on the next Business Day thereafter) and Agent will promptly advise Lenders of such notice, provided, however, that no such request may be made at a time when there exists a Default or 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. As an accommodation to BorrowerBorrowers, Lender Agent may permit facsimile telephonic or electronic requests for loans and electronic transmittal of instructions, authorizations, agreements or reports to Lender Agent by BorrowerBorrowers. Unless Borrower Borrowers specifically directs Lender direct Agent in writing not to accept or act upon facsimile telephonic or electronic communications from BorrowerBorrowers, neither Agent nor any Lender shall have no any liability to Borrower Borrowers for any loss or damage suffered by Borrower Borrowers as a result of Agent's or any Lender’s 's honoring of any requests, execution of any instructions, authorizations or agreements or reliance on any reports communicated to it by facsimile telephonically or electronically and purporting to have been sent to Agent or Lenders by Borrowers unless it is determined by a final and nonappealable judgment or court order binding on the Agent and such Lender by Borrower and that such loss or damage was solely the result of the gross negligence or willful misconduct of Agent or such Lender. Neither Agent nor any Lender shall have no any duty to verify the origin of any such communication or the authority of the person sending it."

Appears in 1 contract

Samples: Loan and Security Agreement (United Natural Foods Inc)

Loan Requests. A request for a Revolving Credit Loan shall be made, or shall be deemed to be made, in the following manner: (i) Borrower may give Lender notice of its intention to borrow, in which notice Borrower shall specify the amount of the proposed borrowing and the proposed borrowing date, no later than 11:00 a.m. Connecticut time (Los Angeles time) on the proposed borrowing date, provided, however, that no such request may be made at a time when there exists a Default or an Event of Defaultthe conditions precedent set forth in Section 9A are not satisfied; and (ii) the becoming due of any amount required to be paid under this AgreementAgreement or the CapEx Notes, 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. As an accommodation to Borrower, Lender may permit facsimile or electronic telephonic requests for loans and electronic transmittal of instructions, authorizations, agreements or reports to Lender by Borrower. Unless Borrower specifically directs Lender in writing not to accept or act upon facsimile telephonic or electronic communications from Borrower, Lender shall have no liability to Borrower for any loss or damage suffered by Borrower as a result of Lender’s 's honoring of any requests, execution of any instructions, authorizations or agreements agreements, or reliance on any reports communicated to it by facsimile telephonically or electronically and purporting believed in good faith by Lender to have been sent to Lender by Borrower Borrower, and Lender shall have no duty to verify the origin of any such communication or the authority of the person sending itit (other than the employment of any standard verification methods used in the ordinary course of business by Lender).

Appears in 1 contract

Samples: Loan and Security Agreement (Meade Instruments Corp)

Loan Requests. A request for a Revolving Credit Loan shall be made, or shall be deemed to be made, by an Authorized Officer in the following manner: (i) Borrower Borrowers may give Lender notice of its the intention to borrow, in which notice Borrower Borrowers shall specify the amount of the proposed borrowing and the proposed borrowing datedate (which shall be a Business Day), no later than 11:00 a.m. Connecticut 12:00 P.M. Eastern time on the proposed borrowing date, provided, however, that no such request may be made at a time when there exists a Default or an Event of Default; and (ii) the becoming due of any amount required to be paid under this AgreementAgreement or any of the Notes, 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. As an accommodation to BorrowerBorrowers, Lender may permit facsimile or electronic requests for loans Loans and electronic xxxxxronic transmittal of instructions, authorizations, agreements or reports to Lender by BorrowerBorrowers. Unless Borrower Borrowers specifically directs direct Lender in writing not to accept or act upon facsimile or electronic communications from BorrowerBorrowers, Lender shall have no liability to Borrower Borrowers for any loss or damage suffered by Borrower Borrowers as a result of Lender’s 's honoring of any requests, execution of any xxx instructions, authorizations or agreements or reliance on any reports communicated to it by facsimile or electronically and purporting to have been sent to Lender by Borrower Borrowers and Lender shall have no duty to verify the origin of any such communication or the authority of the person sending it.

Appears in 1 contract

Samples: Loan and Security Agreement (Open Plan Systems Inc)

Loan Requests. (a) A request for a Revolving Credit Loan shall be made, or shall be deemed to be made, in the following manner: (i) Borrower Borrowing Agent may give Lender Agent written notice of its Borrowers' intention to borrow, in which borrowing notice Borrower Borrowing Agent shall specify the amount of the proposed borrowing borrowing, the rate option and the proposed borrowing date, no later than 11:00 a.m. Connecticut time 12:00 noon, Eastern time, on the proposed borrowing datedate for all Revolving Credit Base Rate Loans or, for a Revolving Credit LIBOR Rate Loan, no later than 11:00 A.M. Eastern time on the second (2nd) London Business Day prior to the requested borrowing date in accordance with subsection 2.1.1(a)(ii)(A), provided, however, that no such request may be made at a time when there exists a Default or an Event of DefaultDefault (both prior to and after giving effect to the proposed borrowing); and (ii) the becoming due of any amount required to be paid under this AgreementAgreement or any of the other Loan Documents, 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. As Notwithstanding anything to the contrary contained in this Agreement, as an accommodation to BorrowerBorrowers, Lender Agent may permit facsimile or electronic telephonic requests for loans Revolving Credit Loans and electronic transmittal of instructions, authorizations, agreements or reports to Lender Agent by BorrowerBorrowing Agent. Unless Borrower Borrowing Agent specifically directs Lender Agent in writing not to accept or act upon facsimile telephonic or electronic communications from BorrowerBorrowing Agent, Lender Agent shall have no liability to Borrower Borrowers for any loss or damage suffered by Borrower Borrowers as a result of Lender’s Agent's honoring of any requests, execution of any instructions, authorizations or agreements or reliance on any reports communicated to it by facsimile telephonically or electronically and purporting to have been sent to Lender Agent by Borrower a Specified Officer and Lender Agent shall have no duty to verify the origin of any such communication or the authority of the person sending it, except to confirm the name of the Specified Officer.

Appears in 1 contract

Samples: Loan and Security Agreement (Gentiva Health Services Inc)

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