Common use of Manner of Borrowing Clause in Contracts

Manner of Borrowing. Borrower shall give Agent at least same Business Day's written notice (by telecopy or otherwise) of each intended borrowing of a Prime Rate Loan, and at least one (1) Business Day's written notice (by telecopy or otherwise) of each intended borrowing of a CD Loan, and at least two (2) Business Day's written notice (by telecopy or otherwise) of each intended borrowing of a LIBOR Loan. Each such notice (herein a "Notice of Borrowing") shall be in the form of Exhibit A and shall specify the date of the intended borrowing, and the initial Applicable Interest Rate and Applicable Interest Period selected by Borrower in respect of the anticipated Loan. Each Notice of Borrowing shall be effective upon receipt, except that notices received by Agent after 11:00 a.m., Seattle time, on a Business Day shall be deemed to be received on the immediately succeeding Business Day. All such notices shall be irrevocable and shall constitute a representation and warranty by Borrower that as of the date of the notice the statements set forth in Article 4 hereof are true and correct and that no Event of Default or Potential Event of Default shall have occurred and be continuing. on receipt of such Notice of Borrowing, Agent shall promptly (on the same day, if possible) notify each Lender by telephone (confirmed promptly by telex or telecopy), telex or telecopy of the information set forth in the Notice of Borrowing. Each Lender shall before 2:00 p.m. Seattle time on the specified date of borrowing pay such Lender's pro rata share of the requested borrowing in Seattle clearinghouse funds to Agent at its Commercial Loan Service Center. Upon fulfillment to Agent's satisfaction of the applicable conditions set forth in Article 3, and after receipt by Agent of such funds, Agent will make such funds available to Borrower. The initial Loan will be in an amount equal to or greater than the amount necessary to repay all amounts then outstanding under the Prior Loan Agreement and shall be used to repay all amounts then outstanding under the Prior Loan Agreement. If the initial Loan is greater than the amount necessary to repay all amounts then outstanding under the Prior Loan Agreement, the excess amount after repayment shall be disbursed to the ordinary checking account maintained by Borrower at Agent's

Manner of Borrowing. For each requested Loan, the Borrower shall give the Agent at least same Business Day's written notice (by telecopy or otherwise) a Notice of each intended borrowing Borrowing specifying the date of a Prime Rate Loan, requested borrowing and at least one (1) Business Day's the amount thereof. Borrower may give a written notice (by telecopy or otherwise) of each intended borrowing of a CD Loan, and at least two (2) Business Day's written notice (by telecopy or otherwise) of each intended borrowing of a LIBOR Loan. Each such notice (herein a "oral Notice of Borrowing"Borrowing on the same day it wishes any Base Rate Loan to be made if said Notice of Borrowing is received by Agent no later than 10:00 a.m. (Seattle time) shall be in the form of Exhibit A and shall specify on the date of the intended requested borrowing, and . If the initial Applicable Borrower shall elect to have interest accrue on a Loan at a rate indexed to the LIBOR Rate by giving an Interest Rate and Applicable Interest Period selected by Borrower Notice in respect of such borrowing, the anticipated Loan. Each Notice of Borrowing shall be effective upon receipt, except that notices received by Agent after 11:00 a.m., given prior to 10:00 a.m. (Seattle time, ) on a Business Day shall at least three Business Days prior to the requested date of borrowing. Requests for borrowing, or confirmations thereof, received after the designated hour will be deemed to be received on the immediately next succeeding Business Day. All Each such notices Notice of Borrowing shall be irrevocable and shall be deemed to constitute a representation and warranty by Borrower that as of the date of the such notice the statements set forth in Article 4 hereof VI are true and correct in all material respects and that no Default or Event of Default or Potential Event of Default shall have has occurred and be is continuing. on On receipt of such a Notice of Borrowing, the Agent shall promptly (on the same day, if possible) notify each Lender by telephone (confirmed promptly by telex or telecopy)telephone, telex or telecopy facsimile of the information set forth in date of the Notice of Borrowingrequested borrowing and the amount thereof. Each Lender shall before 2:00 p.m. 12:00 noon (Seattle time time) on the specified date of borrowing the requested borrowing, pay such Lender's pro rata share Pro Rata Share of the aggregate principal amount of the requested borrowing in Seattle clearinghouse immediately available funds to the Agent at its Commercial Loan Service Center0000 Xxxxx Xxxxxx, Xxxxxxx, Xxxxxxxxxx 00000. Upon fulfillment to the Agent's satisfaction of the applicable conditions set forth in Article 3V, and after receipt by the Agent of such funds, the Agent will either (a) promptly make such funds available to Borrower. The initial Loan will be in an amount equal to or greater than the amount necessary to repay all amounts then outstanding under the Prior Loan Agreement and shall be used to repay all amounts then outstanding under the Prior Loan Agreement. If the initial Loan is greater than the amount necessary to repay all amounts then outstanding under the Prior Loan Agreement, the excess amount after repayment shall be disbursed to the ordinary Borrower at a general checking account maintained by the Borrower at the Agent's, or at such other place as may be designated by the Borrower in a writing delivered to the Agent; (b) if requested by the Borrower in writing to do so, will apply such funds against the Borrower's obligations to make payments of interest accruing under this Agreement, the Note or any other Loan

Manner of Borrowing. (a) Whenever Borrower desires to use the LIBOR Borrowing Rate, Borrower shall give Agent at least same U.S. Bank irrevocable notice (either in writing or orally and promptly confirmed in writing) between 8:00 a.m. and 1:00 p.m. (Seattle, Washington time) two Business Day's Days prior to the desired effective date of the LIBOR Borrowing Rate ("Borrowing Notice"). Any oral Borrowing Notice shall be given by, and any written Borrowing Notice or confirmation of an oral Borrowing Notice shall be signed by Paux Xxxxxxx, Xavxx Xxxxxxxxx, xr Annx Xxxxxxx, xach of whom is authorized to request Loans, until written notice (by telecopy or otherwise) Borrower of each intended borrowing the revocation of a Prime Rate Loan, and at least one (1) Business Day's written notice (such authority is received by telecopy or otherwise) of each intended borrowing of a CD Loan, and at least two (2) Business Day's written notice (by telecopy or otherwise) of each intended borrowing of a LIBOR LoanU.S. Bank. Each such notice (herein a "Borrowing Notice of Borrowing") shall be in the form of Exhibit A and shall specify the requested effective date of the intended borrowingLIBOR Borrowing Rate, the Interest Period, the amount of the LIBOR Rate Borrowing, and whether Borrower is requesting a new advance at the initial Applicable Interest LIBOR Borrowing Rate, conversion of all or any portion of the Prime Rate and Applicable Borrowing to a LIBOR Rate Borrowing, or a new Interest Period selected by for an outstanding LIBOR Rate Borrowing. Notwithstanding any other term of this Agreement, Borrower may elect the LIBOR Borrowing Rate to apply to Loans or portions thereof only in respect the minimum principal amount of $500,000. In the event Borrower has not given U.S. Bank a Borrowing Notice two Business Days in advance of the anticipated Loan. Each Notice expiration of any Interest Period of Borrower's intent to convert a LIBOR Rate Borrowing shall be effective upon receiptto a new LIBOR Rate Borrowing at the expiration of such Interest Period, except that notices received by Agent after 11:00 a.m.then such LIBOR Rate Borrowing will, Seattle timeat U.S. Bank's option, on a Business Day shall at the expiration of such Interest Period, be deemed to be received on the immediately succeeding Business Day. All such notices shall be irrevocable and shall constitute a representation and warranty by Borrower that as of the date of the notice the statements set forth in Article 4 hereof are true and correct and that no Event of Default or Potential Event of Default shall have occurred and be continuing. on receipt of such Notice of Borrowing, Agent shall promptly (on the same day, if possible) notify each Lender by telephone (confirmed promptly by telex or telecopy), telex or telecopy of the information set forth in the Notice of Prime Rate Borrowing. Each Lender shall before 2:00 p.m. Seattle time Until such reversion to a Prime Borrowing Rate, interest will accrue on the specified date of borrowing pay such Lender's pro rata share of the requested borrowing in Seattle clearinghouse funds to Agent at its Commercial Loan Service Center. Upon fulfillment to Agent's satisfaction of the applicable conditions set forth in Article 3, and after receipt by Agent of such funds, Agent will make such funds available to Borrower. The initial Loan will be in an amount equal to or greater than the amount necessary to repay all amounts then outstanding under the Prior Loan Agreement and shall be used to repay all amounts then outstanding under the Prior Loan Agreement. If the initial Loan is greater than the amount necessary to repay all amounts then outstanding under the Prior Loan Agreement, the excess amount after repayment shall be disbursed to the ordinary checking account maintained by Borrower at Agent'sLIBOR Rate Borrowing at

Manner of Borrowing. Borrower (a) Request for Borrowing. Each request by Company to Administrative Agent for a Borrowing under Section 2.01 hereof (a "Request for Borrowing") shall give specify the aggregate amount of such requested Borrowing, the requested date of such Borrowing, and, when the request for Borrowing specifies a Eurodollar Borrowing or a CD Borrowing, the Interest Period which shall be applicable thereto. Company shall furnish to Administrative Agent the Request for Borrowing at least same three (3) Eurodollar Business Days prior to the requested Eurodollar Borrowing date (which must be a Eurodollar Business Day's written notice (by telecopy or otherwise) of each intended borrowing of a Prime Rate Loan, and at least one (1) Business Day's written notice (by telecopy or otherwise) of each intended borrowing of a CD Loan, and at least two (2) Business Days prior to the requested borrowing date (which must be a Business Day's written notice ) for a CD Borrowing. A Floating Base Borrowing may be made the same date on which a Request for Borrowing is received by Administrative Agent. Any such Request for Borrowing shall: (by telecopy or otherwisei) of each intended borrowing in the case of a LIBOR Loan. Each such notice (herein a "Notice of Floating Base Borrowing") shall , be in the form attached hereto as Exhibit "B", (ii) in the case of a CD Borrowing, be in the form attached hereto as Exhibit A "C" and shall specify (iii) in the date case of a Eurodollar Borrowing, be in the intended borrowing, and the initial Applicable Interest Rate and Applicable Interest Period selected by Borrower in respect of the anticipated Loanform attached hereto as Exhibit "D". Each Notice of Borrowing shall be effective upon receipt, except that notices in an aggregate principal amount of $5,000,000 or any integral multiple of $1,000,000. Any Request for Borrowing received by Administrative Agent after 11:00 a.m., Seattle 12:00 noon (New York City time, ) on a any Business Day shall be deemed to be have been received on the immediately next succeeding Business Day. All Prior to making a Request for Borrowing, Company may (without specifying whether the anticipated Borrowing shall be a Floating Base Borrowing, CD Borrowing or Eurodollar Borrowing) request that Administrative Agent provide Company with the most recent CD Quoted Rate and InterBank Offered Rate available to Reference Banks. Administrative Agent shall provide such notices quoted rates to Company on the date of such request. Each Request for Borrowing shall be irrevocable and shall constitute a representation and warranty by Borrower that as binding on Company and, in respect of the Borrowing specified in such Request for Borrowing, Company shall indemnify each Bank against any cost, loss or expense incurred by such Bank as a result of any failure to fulfill, on or before the date specified for such Borrowing, the conditions to such Borrowing set forth herein, including without limitation, any cost, loss or expense incurred by reason of the notice liquidation or reemployment of deposits or other funds acquired by any Bank to fund the statements set forth in Article 4 hereof are true and correct and that no Event of Default or Potential Event of Default shall have occurred and Advance to be continuing. on receipt made by such Bank as part of such Notice Borrowing when such Advance, as a result of Borrowingsuch failure, is not made on such date. After receiving a Request for Borrowing in the manner provided herein, Administrative Agent shall promptly (on the same day, if possible) notify each Lender Bank by telephone (confirmed promptly immediately by telex telex, telecopy or cable), telecopy), telex or telecopy cable of the information set forth in amount of the Notice of Borrowing. Each Lender shall before 2:00 p.m. Seattle time on the specified date of borrowing pay Borrowing and such LenderBank's pro rata share of the requested borrowing in Seattle clearinghouse funds to Agent at its Commercial Loan Service Center. Upon fulfillment to Agent's satisfaction of the applicable conditions set forth in Article 3, and after receipt by Agent of such funds, Agent will make such funds available to Borrower. The initial Loan will be in an amount equal to or greater than the amount necessary to repay all amounts then outstanding under the Prior Loan Agreement and shall be used to repay all amounts then outstanding under the Prior Loan Agreement. If the initial Loan is greater than the amount necessary to repay all amounts then outstanding under the Prior Loan AgreementBorrowing, the excess amount after repayment shall date on which the Borrowing is to be disbursed to made, the ordinary checking account maintained by Borrower at Agent'sinterest option selected and, if applicable, the Interest Period selected.

Manner of Borrowing. The Borrower shall give the Administrative Agent at least same Business Day's written telephonic notice (by telecopy or otherwise) of each intended borrowing request for Discretionary Advances not later than 12:00 noon (Minneapolis time) on the applicable Discretionary Advance Date for such Discretionary Advances, specifying the aggregate amount of Discretionary Advances requested and the Discretionary Advances to be made by each Discretionary Lender which are to be funded as Floating Eurodollar Rate Borrowings or Alternate Base Rate Borrowings; provided, that any portion of a Prime Discretionary Advance not so designated shall be funded as an Alternate Base Rate LoanBorrowing. Fixed Rate Borrowings shall not be available with respect to Discretionary Advances. The Borrower shall promptly confirm any such request by delivering to the Administrative Agent a duly completed and executed Confirmation. The Administrative Agent shall, by not later than 1:00 p.m. (Minneapolis time) on the date on which such request for Discretionary Advances is received by it from the Borrower, notify each Discretionary Lender of such request, of such Discretionary Lender's Pro Rata Share of the Discretionary Advances requested, the applicable Discretionary Advance Date therefor, and at least one (1) Business Daywhether such Discretionary Lender's written notice (by telecopy Discretionary Advances are to be funded as Floating Eurodollar Rate Borrowings or otherwise) of each intended borrowing of a CD Loan, and at least two (2) Business Day's written notice (by telecopy or otherwise) of each intended borrowing of a LIBOR LoanAlternate Base Rate Borrowings. Each Discretionary Lender shall give notice to the Agent by not later than 1:30 p.m. (Minneapolis time) on such Discretionary Advance Date stating whether or not it will make the Discretionary Advance requested of it. If, in its notice (herein a "Notice to the Lender, any Discretionary Lender declines to make the Discretionary Advance requested of Borrowing") it, the Administrative Agent shall be promptly notify the Borrower of such fact, in which event the form of Exhibit A and shall specify Borrower may request the date Administrative Agent to request any other Discretionary Lender designated by the Borrower to make all or part of the intended borrowing, and Discretionary Advance so declined. Each Discretionary Lender that desires to make a Discretionary Advance requested of it shall deposit into the initial Applicable Interest Rate and Applicable Interest Period selected Collateral Account in Immediately Available Funds by Borrower in respect not later than 3:00 p.m. (Minneapolis time) on said Discretionary Advance Date the total amount of the anticipated LoanDiscretionary Advance to be made by such Discretionary Lender. Each Notice of Borrowing shall be effective upon receipt, except that notices received by Agent after 11:00 a.m., Seattle time, on a Business Day request for Discretionary Advances shall be deemed to be received on the immediately succeeding Business Day. All such notices shall be irrevocable and shall constitute a representation and warranty by the Borrower that (i) no Default or Event of Default has occurred or will exist upon the making of the requested Discretionary Advances and (ii) the representations and warranties contained in Section 3, in Section 5 of the Warehousing and Discretionary Security Agreement and in Section 5 of the Servicing and Working Capital Security Agreement, are true and correct with the same force and effect as if made on and as of the date of such request. Upon the notice deposit of the statements set forth Discretionary Advances in Article 4 hereof are true and correct and that no Event of Default or Potential Event of Default shall have occurred and be continuing. the Collateral Account on receipt of such Notice of Borrowingthe applicable Discretionary Advance Date, the Administrative Agent shall promptly (on transfer the same day, if possible) notify each Lender by telephone (confirmed promptly by telex or telecopy), telex or telecopy of the information set forth in the Notice of Borrowing. Each Lender shall before 2:00 p.m. Seattle time on the specified date of borrowing pay such Lender's pro rata share of the requested borrowing in Seattle clearinghouse funds to Agent at its Commercial Loan Service Center. Upon fulfillment to Agent's satisfaction of the applicable conditions set forth in Article 3, and after receipt by Agent of such funds, Agent will make such funds available to Borrower. The initial Loan will be in an amount equal to or greater than the amount necessary to repay all amounts then outstanding under the Prior Loan Agreement and shall be used to repay all amounts then outstanding under the Prior Loan Agreement. If the initial Loan is greater than the amount necessary to repay all amounts then outstanding under the Prior Loan Agreement, the excess amount after repayment shall be disbursed proceeds thereof to the ordinary checking account maintained or accounts designated by the Borrower at in its notice to the Administrative Agent's.