Common use of Procedures for Borrowing; Advances Clause in Contracts

Procedures for Borrowing; Advances. Subject to the prior satisfaction of all other applicable conditions to the making of an Advance set forth in this Agreement, an Advance shall be made upon Borrower’s irrevocable written notice delivered to Bank by electronic mail in the form of a Notice of Borrowing executed by an Authorized Signer or without instructions if any Advances is necessary to meet Obligations which have become due. Such Notice of Borrowing must be received by Bank prior to 12:00 noon Pacific time, (i) at least one (1) Business Days prior to the requested Funding Date, in the case of any LIBOR Loan, and (ii) on the requested Funding Date, in the case of a Prime Rate Loan, specifying: (1) the amount of the Advance; (2) the requested Funding Date; (3) whether the Loan is to be comprised of LIBOR Loans or Prime Rate Loans; and (4) the duration of the Interest Period applicable to any such LIBOR Loans included in such notice; provided that if the Notice of Borrowing shall fail to specify the duration of the Interest Period for any Loan comprised of LIBOR Loans, such Interest Period shall be one (1) month. In addition to such Notice of Borrowing, Borrower must promptly deliver to Bank by electronic mail a completed Payment/Advance Form executed by an Authorized Signer together with such other reports and information. Bank may make Advances under this Agreement (i) based on verbal/telephonic instructions from a Responsible Officer or his or her designee, so long as (a) such requests for Advances are Prime Rate Loans and (b) Borrower promptly delivers to Bank by electronic mail a completed Payment Advance Form executed by an Authorized Signer; or (ii) without instructions if the Advances are necessary to meet Obligations which have become due.

Appears in 1 contract

Samples: Loan and Security Agreement (Ari Network Services Inc /Wi)

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Procedures for Borrowing; Advances. Subject to the prior satisfaction of all other applicable conditions to the making of an Advance set forth in this Agreement, an Advance shall be made upon Borrower’s irrevocable written notice delivered to Bank by electronic mail in the form of a Notice of Borrowing executed by an Authorized Signer or without instructions if any Advances is necessary to meet Obligations which have become due. Such Notice of Borrowing must be received by Bank prior to 12:00 noon Pacific Eastern time, (i) at least one three (13) Business Days prior to the requested Funding Date, in the case of any LIBOR Loan, and (ii) on the requested Funding Date, in the case of a Prime Rate Loan, specifying: (1) the amount of the Advance; (2) the Currency in which such Advance shall be denominated; (3) the requested Funding Date; (34) whether the Loan is to be comprised of LIBOR Loans or Prime Rate Loans; and (45) the duration of the Interest Period applicable to any such LIBOR Loans included in such notice; provided that if the Notice of Borrowing shall fail to specify the duration of the Interest Period for any Loan comprised of LIBOR Loans, such Interest Period shall be one (1) month. In addition to such Notice of Borrowing, Borrower must promptly deliver to Bank by electronic mail a completed Payment/Advance Form executed by an Authorized Signer together with such other reports and information. , including without limitation, sales journals, cash receipts journals, accounts receivable aging reports, as Bank may make Advances under this Agreement (i) based on verbal/telephonic instructions from a Responsible Officer or his or her designee, so long as (a) such requests for Advances are Prime Rate Loans and (b) Borrower promptly delivers to Bank by electronic mail a completed Payment Advance Form executed by an Authorized Signer; or (ii) without instructions if the Advances are necessary to meet Obligations which have become duerequest in its sole discretion.

Appears in 1 contract

Samples: Loan and Security Agreement (XRS Corp)

Procedures for Borrowing; Advances. (a) Subject to the prior satisfaction of all other applicable conditions to the making of an Advance set forth in this Agreement, an each Advance shall be made upon Borrower’s irrevocable written notice delivered to Bank by electronic mail in the form of a Notice of Borrowing Borrowing, each executed by an Authorized Signer a Responsible Officer of Borrower or his or her designee or without instructions if any the Advances is are necessary to meet Obligations which have become due. Bank may rely on any telephone notice given by a person whom Bank believes is a Responsible Officer or designee. Borrower will indemnify Bank for any loss Bank suffers due to such reliance. Such Notice of Borrowing must be received by Bank prior to 12:00 noon p.m. Pacific time, (i) at least one three (13) Business Days prior to the requested Funding Date, in the case of any LIBOR LoanAdvances, and (ii) on the requested Funding Date, in the case of a Prime Rate LoanAdvances, specifying: : (1) the amount of the Advance; ; (2) the requested Funding Date; ; (3) whether the Loan Advance is to be comprised of LIBOR Loans Advances or Prime Rate LoansAdvances; and and (4) the duration of the Interest Period applicable to any such LIBOR Loans Advances included in such notice; provided that if the Notice of Borrowing shall fail to specify the duration of the Interest Period for any Loan Advance comprised of LIBOR LoansAdvances, such Interest Period shall be one (1) month. In addition . (b) The proceeds of all such Advances will then be made available to Borrower on the Funding Date by Bank by transfer to the Designated Deposit Account and, subsequently, by wire transfer to such other account as Borrower may instruct in the Notice of Borrowing. No Advances shall be deemed made to Borrower, Borrower must promptly deliver to Bank by electronic mail a completed Payment/Advance Form executed by an Authorized Signer together with and no interest shall accrue on any such other reports and information. Bank may make Advances under this Agreement (i) based on verbal/telephonic instructions from a Responsible Officer or his or her designeeAdvance, so long as (a) such requests for Advances are Prime Rate Loans and (b) Borrower promptly delivers to Bank by electronic mail a completed Payment Advance Form executed by an Authorized Signer; or (ii) without instructions if until the Advances are necessary to meet Obligations which related funds have become duebeen deposited in the Designated Deposit Account.

Appears in 1 contract

Samples: Loan and Security Agreement (Calix Networks Inc)

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Procedures for Borrowing; Advances. Subject to the prior satisfaction of all other applicable conditions to the making of an Advance set forth in this Agreement, an Advance shall be made upon Borrower’s irrevocable written notice delivered to Bank by electronic mail in the form of a Notice of Borrowing executed by an Authorized Signer or without instructions if any Advances is necessary to meet Obligations which have become due. Such Notice of Borrowing must be received by Bank prior to 12:00 noon Pacific time, (i) at least one three (13) Business Days prior to the requested Funding Date, in the case of any LIBOR LoanAdvance, and (ii) on the requested Funding Date, in the case of a Prime Rate LoanAdvance, specifying: (1) the amount of the Advance; (2) the Currency in which such Advance shall be denominated; (3) the requested Funding Date; (34) whether the Loan Credit Extension is to be comprised of LIBOR Loans Advances or Prime Rate LoansAdvances; and (45) the duration of the Interest Period applicable to any such LIBOR Loans Advances included in such notice; provided that if the Notice of Borrowing shall fail to specify the duration of the Interest Period for any Loan Credit Extension comprised of LIBOR LoansAdvances, such Interest Period shall be one (1) month. In addition to such Notice of Borrowing, Borrower must promptly deliver to Bank by electronic mail a completed Payment/Advance Form Transaction Report executed by an Authorized Signer together with such other reports and information. , including without limitation, sales journals, cash receipts journals, accounts receivable aging reports, as Bank may make Advances under this Agreement (i) based on verbal/telephonic instructions from a Responsible Officer or his or her designee, so long as (a) such requests for Advances are Prime Rate Loans and (b) Borrower promptly delivers to Bank by electronic mail a completed Payment Advance Form executed by an Authorized Signer; or (ii) without instructions if the Advances are necessary to meet Obligations which have become duerequest in its sole discretion.

Appears in 1 contract

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

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