TELEPHONE REQUEST. The following person is authorized to request the loan payment transfer/loan advance on the advance designated account and is known to me. _______________________________________ ______________________________ Authorized Requester Phone # _______________________________________ ______________________________ Received By (Bank) Phone # ___________________________ Authorized Signature (Bank) EXHIBIT C COMPLIANCE CERTIFICATE TO: SILICON VALLEY BANK 0000 Xxxxxx Xxxxx Xxxxx Xxxxx, XX 00000 FROM: CORILLIAN CORPORATION The undersigned authorized officer of Corillian Corporation ("Borrower") certifies that under the terms and conditions of the Amended and Restated Loan and Security Agreement between Borrower and Bank (the "Agreement"), (i) Borrower is in complete compliance for the period ending______________________________ with all required covenants except as noted below and (ii) all representations and warranties in the Agreement are true and correct in all material respects on this date. Attached are the required documents supporting the certification. The Officer certifies that these are prepared in accordance with Generally Accepted Accounting Principles (GAAP) consistently applied from one period to the next except as explained in an accompanying letter or footnotes. The Officer acknowledges that no borrowings may be requested at any time or date of determination that Borrower is not in compliance with any of the terms of the Agreement, and that compliance is determined not just at the date this certificate is delivered. PLEASE INDICATE COMPLIANCE STATUS BY CIRCLING YES/NO UNDER "COMPLIES" COLUMN. REPORTING COVENANT REQUIRED COMPLIES ------------------ -------- ------------ Annual (Audited) financial statements FYE within 120 days Yes No Quarterly 10Q report & CC Quarterly within 5 days of filing Yes No Annual 10K report & CC Annually within 5 days of filing Yes No All other SEC filings than 10Q& 10K Within 5 days of filing Yes No FINANCIAL COVENANT REQUIRED ACTUAL COMPLIES ------------------ -------- ------ -------- Maintain on a Quarterly Basis:
TELEPHONE REQUEST. The following person is authorized to request the loan payment transfer/loan advance on the advance designated account and is known to me.
TELEPHONE REQUEST. The following person is authorized to request the loan payment transfer/loan advance on the advance designated account and is known to me. ________________________________ __________________________________ Authorized Requester Phone # ________________________________ __________________________________ Received By (Bank) Phone # ___________________________________ Authorized Signature (Bank) -------------------------------------------------------------------------------- EXHIBIT C BORROWING BASE CERTIFICATE Borrower: PLUMTREE SOFTWARE, INC. Bank: Silicon Valley Bank -------------------------------------------------------------------------------- 0000 Xxxxxx Xxxxx Xxxxx Xxxxx, XX 00000 Commitment Amount: $7,500,000 -------------------------------------------------------------------------------- ACCOUNTS RECEIVABLE 1. Accounts Receivable Book Value as of _____________ $__________ 2. Additions (please explain on reverse) $__________ 3. TOTAL ACCOUNTS RECEIVABLE $__________ ACCOUNTS RECEIVABLE DEDUCTIONS (without duplication) 4. Amounts over 90 days due $__________ 5. Balance of 50% over 90 day accounts $__________ 6. Credit balances over 90 days $__________ 7. Concentration Limits $__________ 8. Foreign Accounts $__________ 9. Governmental Accounts $__________ 10. Contra Accounts $__________ 11. Promotion or Demo Accounts $__________ 12. Intercompany/Employee Accounts $__________ 13. Other (please explain on reverse) $__________ 14. TOTAL ACCOUNTS RECEIVABLE DEDUCTIONS $__________ 15. Eligible Accounts (#3 minus #14) $__________ 16. LOAN VALUE OF ACCOUNTS (70% of #15) $__________ FOREIGN ACCOUNTS RECEIVABLE DEDUCTIONS 17. Accounts Receivable Book Value as of ______________ $__________ 18. Additions (please explain on reverse) $__________ 19. TOTAL FOREIGN ACCOUNTS RECEIVABLE $__________ a. Amounts over 90 days due b. Balance of 50% over 90 day accounts $__________ c. Concentration Limits $__________ d. Governmental Accounts $__________ e. Contra Accounts $__________ f. Promotion or Demo Accounts $__________ g. Intercompany/Employee Accounts $__________ h. Other (please explain on reverse) $__________ 20. TOTAL FOREIGN ACCOUNTS RECEIVABLE DEDUCTIONS $__________ 21. Eligible Accounts (#19 minus #20) $__________ 22. LOAN VALUE OF FOREIGN ACCOUNTS (__[50%] of #21) $__________ BALANCES 23. Maximum Loan Amount $__________ 24. Total Funds Available [Lesser of #23 or (#16 plus #22)] $__________ 25. Present balance owing on Line of Credit $__________ Outstanding under...
TELEPHONE REQUEST. The following person is authorized to request the loan payment transfer/loan advance on the advance designated account and is known to me. ---------------------------------- ------------------------------ Authorized Requester Phone # ---------------------------------- ------------------------------ Received By (Bank) Phone # -------------------------------------------- Authorized Signature (Bank)
TELEPHONE REQUEST. The following person is authorized to request the loan payment transfer/loan advance on the advance designated account and is known to me. TO: SILICON VALLEY BANK FROM: HEARME The undersigned authorized officer of HEARME certifies that under the terms and conditions of the Loan and Security Agreement between Borrower and Bank (the Agreement ), (i) Borrower is in complete compliance for the period ending _______________ with all required covenants except as noted below and (ii) all representations and warranties in the Agreement are true and correct in all material respects on this date. Attached are the required documents supporting the certification. The Officer certifies that these are prepared in accordance with Generally Accepted Accounting Principles (GAAP) consistently applied from one period to the next except as explained in an accompanying letter or footnotes. The Officer acknowledges that no borrowings may be requested at any time or date of determination that Borrower is not in compliance with any of the terms of the Agreement, and that compliance is determined not just at the date this certificate is delivered . Quarterly financial statements1 Quarterly within 45 days1 Yes No Annual (CPA Audited) FYE within 90 days Yes No 10-Q, 10K and 8-K Within 5 days after filing with SEC Yes No Maintain on a Quarterly Basis: Minimum Quick Ratio 1.75:1.002 _____:1.00 Yes No Minimum Revenue 3 $_____ Yes No Profitability Quarterly 4 $___________ Yes No 1 Monthly when unrestricted cash is less than $25,000,000. 2 Monthly when unrestricted cash is less than $25,000,000. 3 Greater than previous quarter, except decline permitted for Q499 to Q100. 4 Quarterly loss not to exceed: 6/30/00 ($12,500,000) 9/30/00 ($12,000,000) 12/31/00 ($11,500,000) 3/31/01 ($11,000,000) Comments Regarding Exceptions: See Attached. BANK USE ONLY Received by: Sincerely, AUTHORIZED SIGNER Date: Verified: SIGNATURE AUTHORIZED SIGNER Date: TITLE Compliance Status Yes No DATE
TELEPHONE REQUEST. The following person is authorized to request the loan payment transfer/loan advance on the advance designated account and is known to me. Authorized Requester: ____________________________ Authorized Signature (Bank) Phone # _______________________ 36 BORROWING BASE CERTIFICATE EXHIBIT C TO: SILICON VALLEY BANK FROM: HARMONIC LIGHTWAVES, INC. ("Borrower") Commitment Amount: $ ACCOUNTS RECEIVABLE
TELEPHONE REQUEST. The following person is authorized to request the loan payment transfer/loan advance on the advance designated account and is known to me. ______________________________________ _________________________________ Authorized Requester Phone # ______________________________________ _________________________________ Received By (Bank) Phone # ___________________________________________________________ Authorized Signature (Bank) EXHIBIT C COMPLIANCE CERTIFICATE TO: SILICON VALLEY BANK 0000 Xxxxxx Xxxxx Xxxxx Xxxxx, Xxxxxxxxxx 00000 FROM: VITRIA TECHNOLOGY, INC. 000 Xxxxxxx Xxxxx Sunnyvale, California 94086 The undersigned authorized officer of Vitria Technology, Inc. ("Borrower") certifies that under the terms and conditions of the Loan and Security Agreement between Borrower and Bank (the "Agreement"), (i) Borrower is in complete compliance for the period ending _______________ with all required covenants except as noted below and (ii) all representations and warranties in the Agreement are true and correct in all material respects on this date. Attached are the required documents supporting the certification. The Officer certifies that these are prepared in accordance with Generally Accepted Accounting Principles (GAAP) consistently applied from one period to the next except as explained in an accompanying letter or footnotes. The Officer acknowledges that no borrowings may be requested at any time or date of determination that Borrower is not in compliance with any of the terms of the Agreement, and that compliance is determined not just at the date this certificate is delivered. Please indicate compliance status by circling Yes/No under "Complies" column. -------------------------------------------------------------------------------- Reporting Covenant Required Complies ------------------ -------- -------- -------------------------------------------------------------------------------- Bank Statements Monthly within 15 days Yes No -------------------------------------------------------------------------------- Annual (Audited) FYE within 120 days Yes No -------------------------------------------------------------------------------- 10-Q Within 45 days Yes No -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- Financial Covenant Required Actual Complies ------------------ -------- ------ -------- ---------------------------------------------------...
TELEPHONE REQUEST. Requesting a credit advance from your Ready Reserve Credit Line to be applied to your designated account by telephone. Except for transactions covered by the federal Electronic Fund Transfers Act and unless otherwise agreed in your deposit account agreement, you acknowledge and you agree that we do not accept responsibility for the authenticity of telephone instructions and that we will not be liable for any loss, expense, or cost arising out of any telephone request, including any fraudulent or unauthorized telephone request, when acting upon such instructions believed to be genuine.
TELEPHONE REQUEST. The following person is authorized to request the loan payment transfer/loan advance on the advance designated account and is known to me. $1,000,000 Palo Alto, California Date: December 20, 2004 VERSATA, INC. (“Borrower”), for value received, hereby promises to pay to the order of Venture Banking Group, a division of Greater Bay Bank N.A. (“Bank”), in lawful money of the United States of America, pursuant to that certain Loan and Security Agreement dated as of December 20,2004, by and between Borrower and Bank (the “Loan Agreement”), (i) the principal amount of $1,000,000 or, if lesser, (ii) the principal amount of all Advances outstanding as of the Revolving Maturity Date. All unpaid amounts of principal and interest shall be due and payable in full on the Revolving Maturity Date. This Note is referred to in the Loan Agreement. All terms defined in the Loan Agreement shall have the same definitions when used herein, unless otherwise defined herein. Borrower further promises to pay interest on each Advance hereunder in like funds on the principal amount hereof from time to time outstanding from the date hereof until paid in full, at a rate or rates per annum and payable on the dates determined pursuant to the Loan Agreement. Payment on this Note shall be applied in the manner set forth in the Loan Agreement. The Loan Agreement contains provisions for acceleration of the maturity of Advances hereunder upon the occurrence of certain stated events and also provides for optional and mandatory prepayments of principal hereof prior to any stated maturity upon the terms and conditions therein specified. All Advances made by Bank to Borrower pursuant to the Loan Agreement shall be recorded by Bank on the books and records of Bank. The failure of Bank to record any Advance or any prepayment or payment made on account of the principal balance hereof shall not limit or otherwise affect the obligation of Borrower under this Note and under the Loan Agreement to pay the principal, interest and other amounts due and payable under the Advances. Any principal or interest payments on this Note not paid when due, whether at stated maturity, by acceleration or otherwise, shall bear interest at the Default Rate. Upon the occurrence of a default hereunder or an Event of Default under the Loan Agreement, all unpaid principal, accrued interest and other amounts owing hereunder shall, at the option of Bank, be immediately collectible by or on behalf of Bank pursuant to the Loan A...
TELEPHONE REQUEST. The following person is authorized to request the loan payment transfer/loan advance on the advance designated account and is known to me. Authorized Requester Phone # Received By (Bank) Phone # Authorized Signature (Bank) COLLATERAL DESCRIPTION ATTACHMENT TO LOAN AND SECURITY AGREEMENT All personal property owned by Borrower and all personal property in which Borrower has a property interest, both presently existing and hereafter created, written, produced, developed, acquired and arising, of every nature, kind and description, wherever located and notwithstanding in whose custody and possession any of the foregoing may be at any time or times, including, but not limited to:
