Common use of Revolving Advances Clause in Contracts

Revolving Advances. (a) Bank will make Advances not exceeding (i) the Committed Revolving Line, minus (ii) all amounts for services utilized under the Cash Management Services Sublimit, minus (iii) the amount of all outstanding Letters of Credit (including drawn but unreimbursed Letters of Credit), and minus (iv) the FX Reserve. Amounts borrowed under this Section may be repaid and reborrowed during the term of this Agreement. (b) To obtain an Advance, Borrower must notify Bank by facsimile or telephone by 12:00 p.m. Pacific time on the Business Day the Advance is to be made. Borrower must promptly confirm the notification by delivering to Bank the Payment/Advance Form attached as Exhibit B. Bank will credit Advances to Borrower's deposit account. Bank may make Advances under this Agreement based on instructions from a Responsible Officer or his or her designee or without instructions if the Advances 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. (c) The Committed Revolving Line terminates on the Revolving Maturity Date, when all Advances are immediately payable.

Appears in 2 contracts

Samples: Loan and Security Agreement (Lantronix Inc), Loan Agreement (Lantronix Inc)

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Revolving Advances. (a) Bank will make Advances not exceeding (i) the lesser of (A) the Committed Revolving LineLine minus the Cash Management Services Sublimit or (B) the Borrowing Base, minus (ii) all amounts for services utilized under the Cash Management Services Sublimit, minus (iii) the amount of all outstanding Letters of Credit (including drawn but unreimbursed Letters of Credit), and minus (iv) the FX Reserve. Amounts borrowed under this Section may be repaid and reborrowed during the term of this Agreement. (b) To obtain an Advance, Borrower must notify Bank by facsimile or telephone by 12:00 3:00 p.m. Pacific time on the Business Day the Advance is to be made. Borrower must promptly confirm the notification by delivering to Bank the Payment/Advance Form attached as Exhibit B. Bank will credit Advances to Borrower's deposit account. Bank may make Advances under this Agreement based on instructions from a Responsible Officer or his or her designee or without instructions if the Advances 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. (c) The Committed Revolving Line terminates on the Revolving Maturity Date, when all Advances are immediately payable.

Appears in 2 contracts

Samples: Loan and Security Agreement (Virage Logic Corp), Loan and Security Agreement (Crossroads Systems Inc)

Revolving Advances. (a) Bank will make Advances not exceeding (i) the lesser of (A) the Committed Revolving LineLine or (B) the Borrowing Base, minus (ii) all amounts for services utilized under the Cash Management Services Sublimit, minus (iii) the amount of all outstanding Letters of Credit (including drawn but unreimbursed Letters of Credit), and minus (iv) the FX Reserve. Amounts borrowed under this Section may be repaid and reborrowed during the term of this Agreement. (b) To obtain an Advance, Borrower must notify Bank by facsimile or telephone by 12:00 p.m. Pacific time on the Business Day the Advance is to be made. Borrower must promptly confirm the notification by delivering to Bank the Payment/Advance Form attached as Exhibit B. Bank will credit Advances to Borrower's deposit account. Bank may make Advances under this Agreement based on instructions from a Responsible Officer or his or her designee or without instructions if the Advances 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. (c) The Committed Revolving Line terminates on the Revolving Maturity Date, when all Advances are immediately payable.

Appears in 1 contract

Samples: Loan and Security Agreement (Alliance Medical Corp)

Revolving Advances. (a) Bank will make Advances not exceeding the lesser of the Committed Revolving Line or the Borrowing Base, minus the sum of (i) the Committed Revolving Line, minus (ii) all amounts for services utilized under the Cash Management Services Sublimit, minus (iii) the face amount of all outstanding Letters of Credit (including drawn but unreimbursed Letters of Credit), and minus plus (ivii) the FX Reserve, plus (iii) amounts outstanding for Cash Management Services. Amounts borrowed under this Section may be repaid and reborrowed during the term of this Agreement. (b) To obtain an Advance, Borrower must notify Bank by facsimile or telephone by 12:00 3:00 p.m. Pacific time on the Business Day the Advance is to be made. Borrower must promptly confirm the notification by delivering to Bank the Payment/Advance Form attached as Exhibit B. Bank will credit Advances to Borrower's deposit account. Bank may make Advances under this Agreement based on instructions from a Responsible Officer or his or her designee or without instructions if the Advances 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. (c) The Committed Revolving Line terminates on the Revolving Maturity Date, when all Advances are shall be immediately due and payable.

Appears in 1 contract

Samples: Loan and Security Agreement (Brio Technology Inc)

Revolving Advances. (a) Bank will make Advances not exceeding (i) the lesser of (A) the Committed Revolving LineLine or (B) the Borrowing Base, whichever is less, minus (ii) all amounts for services utilized under the Cash Management Services Sublimit, minus (iii) the amount of all outstanding Letters of Credit (including drawn but unreimbursed Letters of Credit), and minus (iv) the FX Reserve. Amounts borrowed under this Section may be repaid and reborrowed during the term of this Agreement. (b) To obtain an Advance, Borrower must notify Bank by facsimile or telephone by 12:00 3:00 p.m. Pacific time on the Business Day the Advance is to be made. Borrower must promptly confirm the notification by delivering to Bank the Payment/Advance Form attached as Exhibit B. Bank will credit Advances to Borrower's deposit account. Bank may make Advances under this Agreement based on instructions Instructions from a Responsible Officer or his or her designee or without instructions if the Advances 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 Indemnify Bank for any loss Bank suffers due to such reliance. (c) The Committed Revolving Line terminates on the Revolving Maturity Date, when all Advances and other amounts due under this Agreement are immediately payable.

Appears in 1 contract

Samples: Loan and Security Agreement (Natus Medical Inc)

Revolving Advances. (a) Bank will make Advances not exceeding (i) the Committed Revolving LineLine or the Borrowing Base, whichever is less, minus (ii) all amounts for services utilized under the Cash Management Services Sublimit, minus (iii) the amount of all outstanding Letters of Credit (including drawn but unreimbursed Letters of Credit), and minus (iviii) the FX Foreign Exchange Reserve. Amounts borrowed under this Section may be repaid and reborrowed during the term of this Agreement. (b) To obtain an Advance, Borrower must notify Bank by facsimile or telephone by 12:00 3:00 p.m. Pacific time on the Business Day the Advance is to be made. Borrower must promptly confirm the notification by delivering to Bank the Payment/Advance Form attached as Exhibit B. Bank will credit Advances to Borrower's deposit account. Bank may make Advances under this Agreement based on instructions from a Responsible Officer or his or her designee or without instructions if the Advances 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 that reliance. (c) The Committed Revolving Line terminates on the Revolving Maturity Date, when all Advances are immediately payable.

Appears in 1 contract

Samples: Loan Modification Agreement (Pixelworks Inc)

Revolving Advances. (a) Bank will make Advances not exceeding (i) the Committed Revolving Line, minus (ii) all amounts for services utilized under the Cash Management Services Sublimit, minus (iii) the amount of all outstanding Letters of Credit (including drawn but unreimbursed Letters of Credit), and minus (iv) the FX Foreign Exchange Reserve. Amounts borrowed under this Section may be repaid and reborrowed during the term of this Agreement. (b) To obtain an Advance, Borrower must notify Bank by facsimile or telephone by 12:00 3:00 p.m. Pacific time on the Business Day the Advance is to be made. Borrower must promptly confirm the notification by delivering to Bank the Payment/Advance Form attached as Exhibit B. A. Bank will credit Advances to Borrower's deposit account. Bank may make Advances under this Agreement based on instructions from a Responsible Officer or his or her designee or without instructions if the Advances 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. (c) The Committed Revolving Line terminates on the Revolving Maturity Date, when all Advances and other amounts due under this Agreement are immediately payable.

Appears in 1 contract

Samples: Loan Agreement (MMC Networks Inc)

Revolving Advances. (a) Bank will make Advances not exceeding (i) the lesser of (A) the Committed Revolving LineLine or (B) the Borrowing Base, minus (ii) all amounts for services utilized under the Cash Management Services Sublimit, minus (iii) the amount of all outstanding Letters of Credit (including drawn but unreimbursed Letters of Credit), and minus (iviii) the FX Reserveamount of the Cash Management Services Sublimit designated by Bank at the time of determination as utilized. Amounts borrowed under this Section may be repaid and reborrowed during the term of this Agreement. (b) To obtain an Advance, Borrower must notify Bank by facsimile or telephone by 12:00 3:00 p.m. Pacific time on the Business Day the Advance is to be made. Borrower must promptly confirm the notification by delivering to Bank the Payment/Advance Form attached as Exhibit B. Bank will credit Advances to Borrower's deposit account. Bank may make Advances under this Agreement based on instructions from a Responsible Officer or his or her designee or without instructions if the Advances are necessary to meet Obligations which have become due. Bank may rely on any telephone notice given by a person whom Bank reasonably believes is a Responsible Officer or designeeOfficer. Borrower will indemnify Bank for any direct loss Bank suffers due to such reliance. (c) The Committed Revolving Line terminates on the Revolving Maturity Date, when all Advances are immediately payable.

Appears in 1 contract

Samples: Loan and Security Agreement (Plumtree Software Inc)

Revolving Advances. (a) Bank will make Advances not exceeding the lesser of (iA) the Committed Revolving LineLine or (B) the Borrowing Base, minus (ii) all amounts for services utilized under the Cash Management Services Sublimit, minus (iiii) the amount of all outstanding Letters of Credit (including drawn but unreimbursed Letters of Credit), and minus (ivii) the FX Reserve. Amounts borrowed under this Section may be repaid and reborrowed during the term of this Agreement. (b) To obtain an Advance, Borrower must notify Bank by facsimile or telephone by 12:00 p.m. noon. Pacific time on the Business Day the Advance is to be made. Borrower must promptly confirm the notification by delivering to Bank the Payment/Advance Form attached as Exhibit B. Bank will credit Advances to Borrower's ’s deposit accountaccount specified by Borrower. Bank may make Advances under this Agreement based on instructions from a Responsible Officer or his or her designee or without instructions if the Advances are necessary to meet Obligations which have become due. Bank may rely on any telephone notice given by a person whom Bank believes in good faith is a Responsible Officer or designee. Borrower will indemnify Bank for any loss Bank suffers due to such reliance. (c) The Committed Revolving Line terminates on the Revolving Maturity Date, when all Advances are immediately payable.

Appears in 1 contract

Samples: Loan and Security Agreement (Saba Software Inc)

Revolving Advances. (a) Bank will make Advances not exceeding (i) the lesser of (A) the Committed Revolving Line, minus Line or (ii) all amounts for services utilized under the Cash Management Services Sublimit, minus (iiiB) the Borrowing Base; provided, however, until such time as an initial audit is completed or waived in writing by Bank, the aggregate amount of all outstanding Letters of Credit (including drawn but unreimbursed Letters of Credit), and minus (iv) the FX ReserveAdvances shall not exceed $500,000. Amounts borrowed under this Section may be repaid and reborrowed during the term of this Agreement. (b) To obtain an Advance, Borrower Borrowers must notify Bank by facsimile or telephone by 12:00 p.m. noon Pacific time on the Business Day the Advance is to be made. Borrower Borrowers must promptly confirm the notification by delivering to Bank the Payment/Advance Form attached as Exhibit B. Bank will credit Advances to Borrower's the deposit accountaccount of Borrowers listed on the Payment/Advance Form. Bank may make Advances under this Agreement based on instructions from a Responsible Officer or his or her designee or without instructions if the Advances are necessary to meet Obligations which that have become due. Bank may rely on any telephone notice given by a person whom Bank reasonably believes is a Responsible Officer or designee. Borrower Borrowers will indemnify Bank for any loss Bank suffers due to such reliance. (c) The Committed Revolving Line terminates on the Revolving Maturity Date, when all Advances are immediately payable.

Appears in 1 contract

Samples: Loan and Security Agreement (Ramtron International Corp)

Revolving Advances. (a) Bank will make Advances not exceeding the lesser of (iA) the Committed Revolving LineLine or (B) the Borrowing Base, minus (ii) all amounts for services utilized under the Cash Management Services Sublimit, minus (iiii) the amount of all outstanding Letters of Credit (including drawn but unreimbursed Letters of Credit), (ii) minus the Cash Management Services Sublimit and minus (iviii) the FX Reserve. Amounts borrowed under this Section may be repaid and reborrowed during the term of this Agreement. (b) To obtain an Advance, Borrower must notify Bank by facsimile or telephone by 12:00 p.m. Pacific time on the Business Day the Advance is to be made. Borrower must promptly confirm the notification by delivering to Bank the Payment/Advance Form attached as Exhibit B. Bank will credit Advances to Borrower's ’s deposit account. Bank may make Advances under this Agreement based on instructions from a Responsible Officer or his or her designee or without instructions if the Advances 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. (c) The Committed Revolving Line terminates on the Revolving Maturity Date, when all Advances are immediately payable.

Appears in 1 contract

Samples: Loan and Security Agreement (Advanced Analogic Technologies Inc)

Revolving Advances. (a) Bank will make Advances not exceeding (i) the lesser of (A) the Committed Revolving LineLine minus the Cash Management Services Sublimit or (B) the Borrowing Base, minus (ii) all amounts for services utilized under the Cash Management Services Sublimit, minus (iii) the amount of all outstanding Letters of Credit (including drawn but unreimbursed Letters of Credit), and minus (iviii) the FX Reserve. Amounts borrowed under this Section may be repaid and reborrowed during the term of this Agreement. (b) To obtain an Advance, Borrower must notify Bank by facsimile or telephone by 12:00 3:00 p.m. Pacific time on the Business Day the Advance is to be made. Borrower must promptly confirm the notification by delivering to Bank the Payment/Advance Form attached as Exhibit B. Bank will credit Advances to Borrower's deposit account. Bank may make Advances under this Agreement based on instructions from a Responsible Officer or his or her designee or without instructions if the Advances 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. (c) The Committed Revolving Line terminates on the Revolving Maturity Date, when all Advances are immediately payable.

Appears in 1 contract

Samples: Loan and Security Agreement (Insilicon Corp)

Revolving Advances. (a) Bank will shall make Advances not exceeding (i) the lesser of the Committed Revolving Line, Line or the Borrowing Base minus (ii) all amounts for services utilized under the Cash Management Services Sublimit, minus (iii) the amount of all outstanding Letters of Credit (including drawn but unreimbursed Letters of Credit), and minus (iviii) the FX Reserveaggregate outstanding Advances hereunder. Amounts borrowed under this Section may be repaid and reborrowed during the term of this Agreement. (b) To obtain an Advance, Borrower must notify Bank by facsimile or telephone by 12:00 3:00 p.m. Pacific Eastern time on the Business Day the Advance is to be made. Borrower must promptly confirm the notification by delivering to Bank the Payment/Advance Form attached as Exhibit B. EXHIBIT A. Bank will shall credit Advances to Borrower's deposit account. Bank may make Advances under this Agreement based on instructions from a Responsible Officer or his or her designee or without instructions if the Advances 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 shall indemnify Bank for any loss Bank suffers due to such that reliance. (c) The Committed Revolving Line terminates on the Revolving Maturity Date, when all Advances are immediately payable.

Appears in 1 contract

Samples: Loan Agreement (Lightbridge Inc)

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Revolving Advances. (a) Bank will make Advances not exceeding (i) the lesser of (A) the Committed Revolving LineLine or (B) the Borrowing Base, minus (ii) all amounts for services utilized under the Cash Management Services Sublimit, minus (iii) the amount of all outstanding Letters of Credit (including drawn but unreimbursed Letters of Credit), and minus (iviii) the FX ReserveCash Management Services Sublimit. Amounts borrowed under this Section may be repaid and reborrowed during the term of this Agreement. (b) To obtain an Advance, Borrower must notify Bank by facsimile or telephone by 12:00 p.m. Pacific time on the Business Day the Advance is to be made. Borrower must promptly confirm the notification by delivering to Bank the Payment/Advance Form attached as Exhibit B. Bank will credit Advances to Borrower's deposit account. Bank may make Advances under this Agreement based on instructions from a Responsible Officer or his or her designee or without instructions if the Advances are necessary to meet Obligations which have become due. Bank may rely on any telephone notice given by a person whom Bank reasonably believes is a Responsible Officer or designee. Borrower will indemnify Bank for any loss Bank suffers due to such reliance. (c) The Committed Revolving Line terminates on the Revolving Maturity Date, when all Advances are immediately payable.

Appears in 1 contract

Samples: Loan and Security Agreement (Fusion Medical Technologies Inc)

Revolving Advances. (a) Bank will make Advances not exceeding (i) the lesser of (A) the Committed Revolving LineLine or (B) the Borrowing Base, minus (ii) all amounts for services utilized under the Cash Management Services Sublimit, minus (iii) the amount of all outstanding Letters of Credit (including drawn but unreimbursed Letters of Credit), and ) minus (iviii) the FX ReserveCash Management Services Sublimit. Amounts borrowed under this Section may be repaid and reborrowed during the term of this Agreement. (b) To obtain an Advance, Borrower must notify Bank by facsimile or telephone by 12:00 p.m. Pacific time on the Business Day the Advance is to be made. Borrower must promptly confirm the notification by delivering to Bank the Payment/Advance Form attached as Exhibit B. Bank will credit Advances to Borrower's deposit account. Bank may make Advances under this Agreement based on instructions from a Responsible Officer or his or her designee or without instructions if the Advances 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. (c) The Committed Revolving Line terminates on the Revolving Maturity Date, when all Advances are immediately payable.

Appears in 1 contract

Samples: Loan and Security Agreement (Vixel Corp)

Revolving Advances. (a) Bank will make Advances not exceeding (i) the lesser of (A) the Committed Revolving LineLine minus the Cash Management Services Sublimit or (B) the Borrowing Base, minus (ii) all amounts for services utilized under the Cash Management Services Sublimit, minus (iii) the amount of all outstanding Letters of Credit (including drawn but unreimbursed Letters of Credit), and minus (iv) the FX Reserve. Amounts borrowed under this Section may be repaid and reborrowed during the term of this Agreement. (b) To obtain an Advance, Borrower must notify Bank by facsimile or telephone by 12:00 3:00 p.m. Pacific time on the Business Day the Advance is to be made. Borrower must promptly confirm the notification by delivering to Bank the Payment/Advance Form attached as Exhibit B. Bank will credit Advances to Borrower's deposit account. Bank may make Advances under this Agreement based on instructions instruction from a Responsible Officer or his or her designee or without instructions if the Advances are necessary to meet Obligations which have become due. Bank may rely on any telephone notice given give 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. (c) The Committed Revolving Line terminates on the Revolving Maturity Date, when all Advances are immediately payable.

Appears in 1 contract

Samples: Loan and Security Agreement (Sonoma Systems)

Revolving Advances. (a) Bank will make Advances not exceeding (i) the Exim Committed Revolving LineLine or (ii) the Borrowing Base, whichever is less minus (ii) all amounts for services utilized under the Cash Management Services Sublimit, minus (iii) the amount of all outstanding Letters of Credit (including drawn but unreimbursed Letters of Credit), Credit and minus (iviii) the FX Foreign Exchange Reserve. Amounts borrowed under this Section may be repaid and reborrowed during the term of this Exim Agreement. (ba) To obtain an Advance, Borrower must notify Bank by facsimile or telephone by 12:00 3:00 p.m. Pacific time on the Business Day the Advance is to be made. Borrower must promptly confirm the notification by delivering to Bank the Payment/Advance Form attached as Exhibit B. Bank will credit Advances to Borrower's deposit account. Bank may make Advances Credit Extensions under this Exim Agreement based on instructions from a Responsible Officer or his or her designee or without instructions if the Advances Credit Extensions 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 suffered by Bank suffers due to such from that reliance. (cb) The Exim Committed Revolving Line terminates on the Revolving Exim Maturity Date, when all Advances and other amounts due under this Exim Agreement are immediately payable.

Appears in 1 contract

Samples: Export Import Bank Loan and Security Agreement (Invision Technologies Inc)

Revolving Advances. (a) Bank will make Advances not exceeding (i) the lesser of (A) the Committed Revolving LineLine minus the Cash Management Services Sublimit or (B) the Borrowing Base, minus (ii) all amounts for services utilized under the Cash Management Services Sublimit, minus (iii) the amount of all outstanding Letters of Credit (including drawn but unreimbursed Letters of Credit), and minus (iviii) the FX Reserve. Amounts borrowed under this Section may be repaid and reborrowed during the term of this Agreement. (b) To obtain an Advance, Borrower must notify Bank by facsimile or telephone by 12:00 p.m. 3:00 P.M. Pacific time on the Business Day the Advance is to be made. Borrower must promptly confirm the notification by delivering to Bank the Payment/Advance Form attached as Exhibit B. Bank will credit Advances to Borrower's deposit account. Bank may make Advances under this Agreement based on instructions from a Responsible Officer or his or her designee or without instructions if the Advances 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 that reliance. (c) The Committed Revolving Line terminates on the Revolving Maturity Date, when all Advances are immediately payable.

Appears in 1 contract

Samples: Loan and Security Agreement (Webridge Inc)

Revolving Advances. (a) Bank will make Advances not exceeding (i) the lesser of (A) the Committed Revolving LineLine or (B) the Borrowing Base, whichever is less, minus (ii) all amounts for services utilized under the Cash Management Services Sublimit, minus (iii) the amount of all outstanding Letters of Credit (including drawn but unreimbursed Letters of Credit), and minus (iv) the FX Reserve. Amounts borrowed under this Section may be repaid and reborrowed during the term of this Agreement. (b) To obtain an Advance, Borrower must notify Bank by facsimile or telephone by 12:00 3:00 p.m. Pacific time on the Business Day the Advance is to be made. Borrower must promptly confirm the notification by delivering to Bank the Payment/Advance Form attached as Exhibit B. C. Bank will credit Advances to Borrower's deposit account. Bank may make Advances under this Agreement based on instructions from a Responsible Officer or his or her designee or without instructions if the Advances 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. (c) The Committed Revolving Line terminates on the Revolving Maturity Date, when all Advances and other amounts due under this Agreement are immediately payable.

Appears in 1 contract

Samples: Loan and Security Agreement (Visioneer Inc)

Revolving Advances. (a) Bank will make Advances not exceeding (i) the lesser of (A) the Committed Revolving LineLine or (B) the Borrowing Base, whichever is less, minus (ii) all amounts for services utilized under the Cash Management Services Sublimit, minus (iii) the amount of all outstanding Letters of Credit (including drawn but unreimbursed Letters of Credit), and minus (iviii) the FX Reserve. Foreign Exchange Reserve Amounts borrowed under this Section may be repaid and reborrowed during the term of this Agreement. (b) To obtain an Advance, Borrower must notify Bank by facsimile or telephone by 12:00 p.m. 3 00 p m Pacific time on the Business Day the Advance is to be made. Borrower must promptly confirm the notification by delivering to Bank the Payment/Advance Form attached as Exhibit B. Bank will credit Advances to Borrower's deposit account. Bank may make Advances under this Agreement based on instructions from a Responsible Officer or his or her designee or without instructions if the Advances 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. (c) The Committed Revolving Line terminates on the Revolving Maturity Date, when all Advances and other amounts due under this Agreement are immediately payable.

Appears in 1 contract

Samples: Loan and Security Agreement (Liquid Audio Inc)

Revolving Advances. (a) Bank will make Advances not exceeding (i) the Committed Revolving LineLine minus the Cash Management Services sublimit set out in Section 2.1.4 below, minus (ii) all amounts for services utilized under the Cash Management Services Sublimit, minus (iii) the amount of all outstanding Letters of Credit (including drawn but unreimbursed Letters of Credit), and minus (iviii) the FX Reserve. Amounts borrowed under this Section may be repaid and reborrowed during the term of this Agreement. (b) To obtain an Advance, Borrower must notify Bank by facsimile or telephone by 12:00 3:00 p.m. Pacific time on the Business Day the Advance is to be made. Borrower must promptly confirm the notification by delivering to Bank the Payment/Advance Form attached as Exhibit B. Bank will credit Advances to Borrower's deposit account. Bank may make Advances under this Agreement based on instructions from a Responsible Officer or his or her designee or without instructions if the Advances 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 that reliance. (c) The Unless terminated per the terms of this Agreement, the Committed Revolving Line terminates on the Revolving Maturity Date, when all Advances are immediately payable.

Appears in 1 contract

Samples: Loan and Security Agreement (Preview Systems Inc)

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