Telephonic Notices. The Borrower hereby authorizes the Lender to extend Loans and to transfer funds, in each case based on telephonic notices made by any Person or Persons who the Lender in good faith believes to be acting on behalf of the Borrower, it being understood that the foregoing authorization is specifically intended to allow Notices of Borrowing to be given telephonically. The Borrower agrees to deliver promptly to the Lender a written confirmation of each telephonic notice signed by a Responsible Officer of the Borrower. If the written confirmation differs in any material respect from the action taken by the Lender, the records of the Lender shall govern, absent manifest error.
Appears in 2 contracts
Samples: Construction Loan Agreement, Construction Loan Agreement (Global Growth Trust, Inc.)
Telephonic Notices. The Borrower hereby authorizes the Lender Lenders and the Agent to extend Loans extend, convert or continue Advances, effect selections of Types of Advances and to transfer funds, in each case funds based on telephonic notices made by any Person person or Persons who persons the Agent or any Lender in good faith believes to be acting on behalf of the Borrower, it being understood that the foregoing authorization is specifically intended to allow Borrowing Notices of Borrowing and Conversion/Continuation Notices to be given telephonically. The Borrower agrees to deliver promptly to the Lender Agent a written confirmation of each telephonic notice notice, signed by a Responsible Officer of the Borroweran Authorized Officer. If the written confirmation differs in any material respect from the action taken by the LenderAgent and the Lenders, the records of the Lender Agent and the Lenders shall govern, govern absent manifest error.
Appears in 2 contracts
Samples: Credit Agreement (Midas Inc), Credit Agreement (Midas Inc)
Telephonic Notices. The Borrower hereby authorizes the Lender Lenders and the Agent to extend Loans or continue Advances, effect selections of Types of Advances and to transfer funds, in each case funds based on telephonic notices made by any Person person or Persons who persons the Agent or any Lender in good faith believes to be acting on behalf of the Borrower, it being understood that the foregoing authorization is specifically intended to allow Borrowing Notices of Borrowing to be given telephonically. The Borrower agrees to deliver promptly to the Lender Agent a written confirmation, if such confirmation is requested by the Agent or any Lender, of each telephonic notice signed by a Responsible Officer of the Borroweran Authorized Officer. If the written confirmation differs in any material respect from the action taken by the LenderAgent and the Lenders, the records of the Lender Agent and the Lenders shall govern, govern absent manifest or demonstrable error.
Appears in 2 contracts
Samples: Credit Agreement (Alternative Resources Corp), Credit Agreement (Alternative Resources Corp)
Telephonic Notices. The Borrower hereby authorizes the Lender to extend Loans convert or continue Advances, effect selections of Types of Advances and to transfer funds, in each case funds based on telephonic notices made by any Person person or Persons who persons the Lender in good faith believes to be acting on behalf of the Borrower, it being understood that the foregoing authorization is specifically intended to allow Conversion/Continuation Notices of Borrowing to be given telephonically. The Borrower agrees to deliver promptly to the Lender a written confirmation, if such confirmation is requested by the Lender, of each telephonic notice notice, signed by a Responsible Officer of the Borroweran Authorized Officer. If the written confirmation differs in any material respect from the action taken by the Lender, the records of the Lender shall govern, govern absent manifest error.
Appears in 2 contracts
Samples: Credit Agreement (Oge Energy Corp.), Credit Agreement (Oge Energy Corp.)
Telephonic Notices. The Borrower hereby authorizes the Lender Lenders and the Agent to extend Loans extend, convert or continue Advances, effect selections of Types of Advances and to transfer funds, in each case funds based on telephonic notices made by any Person person or Persons who persons the Agent or any Lender in good faith believes to be acting an Authorized Officer or other person previously authorized in writing by the Borrower to take such actions on behalf of the Borrower, it being understood that the foregoing authorization is specifically intended to allow Notices of Borrowing to be given telephonically. The Borrower agrees to deliver promptly to the Lender Agent a written confirmation, if such confirmation is requested by the Agent or any Lender, of each telephonic notice signed by a Responsible Officer of the Borroweran Authorized Officer. If the written confirmation differs in any material respect from the action taken by the LenderAgent and the Lenders, the records of the Lender Agent and the Lenders shall govern, govern absent manifest error.
Appears in 2 contracts
Samples: Credit Agreement (Dexter Corp), Credit Agreement (Dexter Corp)
Telephonic Notices. The Borrower hereby authorizes the Lender Lenders and the Agent to extend Loans extend, convert or continue Advances, effect selections of Types of Advances and to transfer funds, in each case funds based on telephonic notices made by any Person person or Persons who persons the Agent or any Lender in good faith believes to be acting on behalf of the Borrower, it being understood that the foregoing authorization is specifically intended to allow the Borrowing Notice and Conversion/Continuation Notices of Borrowing to be given telephonically. The Borrower agrees to deliver promptly to the Lender Agent a written confirmation of each telephonic notice notice, signed by a Responsible Officer of the Borroweran Authorized Officer. If the written confirmation differs in any material respect from the action taken by the LenderAgent and the Lenders, the records of the Lender Agent and the Lenders shall govern, govern absent manifest error.
Appears in 2 contracts
Samples: Term Loan Agreement (Oge Energy Corp.), Term Loan Agreement (Oge Energy Corp.)
Telephonic Notices. The Borrower hereby authorizes the Lender Lenders and the Agent to extend Loans or continue Advances and to transfer funds, in each case funds based on telephonic notices made by any Person person or Persons who persons the Agent or any Lender in good faith believes to be acting on behalf of the Borrower, it being understood that the foregoing authorization is specifically intended to allow the Borrowing Notice and Selection Notices of Borrowing to be given telephonically. The Borrower agrees to deliver promptly to the Lender Agent a written confirmation, if such confirmation is requested by the Agent or any Lender, of each telephonic notice signed by a Responsible Officer of the Borroweran Authorized Officer. If the written confirmation differs in any material respect from the action taken by the LenderAgent and the Lenders, the records of the Lender Agent and the Lenders shall govern, govern absent manifest error.
Appears in 1 contract
Telephonic Notices. The Borrower hereby authorizes the Lender to extend Loans extend, convert or continue Advances and Types of Advances and to transfer funds, in each case funds based on telephonic notices made by any Person or Persons who the Lender in good faith believes to be acting on behalf of the Borrower, it being understood that the foregoing authorization is specifically intended to allow Borrowing Notices of Borrowing and Conversion/Continuation Notices to be given telephonically. The Borrower agrees to deliver promptly to the Lender a written confirmation (which may include e-mail) of each telephonic notice signed authenticated by a Responsible Officer of the Borroweran Authorized Officer. If the written confirmation differs in any material respect from the action taken by the Lender, the records of the Lender shall govern, govern absent manifest error.
Appears in 1 contract
Samples: Credit Agreement (RiverNorth/DoubleLine Strategic Opportunity Fund, Inc.)
Telephonic Notices. The Borrower hereby authorizes the Lender Lenders and the Agent to extend Loans extend, convert or continue Advances and to transfer funds, in each case funds based on telephonic notices made by any Person person or Persons who persons the Agent or any Lender in good faith believes to be acting on behalf of the Borrower, it being understood that the foregoing authorization is specifically intended to allow Conversion/Continuation Notices of Borrowing to be given telephonically. The Borrower agrees to deliver promptly to the Lender Agent a written confirmation, if such confirmation is requested by the Agent or any Lender, of each telephonic notice signed by a Responsible Officer of the Borroweran Authorized Officer. If the written confirmation differs in any material respect from the action taken by the LenderAgent and the Lenders, the records of the Lender Agent and the Lenders shall govern, govern absent manifest error.
Appears in 1 contract
Samples: Senior Term Second Lien Secured Credit Agreement (Quest Resource Corp)
Telephonic Notices. The Borrower hereby authorizes the Lender to extend Loans convert or continue the Loan and to transfer funds, in each case funds based on telephonic notices made by any Person or Persons who person the Lender in good faith believes to be acting on behalf of the Borrower, it being understood that the foregoing authorization is specifically intended to allow Borrowing Notices of Borrowing and Conversion/Continuation Notices to be given telephonically. The Borrower agrees to that upon the request of the Lender, Borrower will deliver promptly to the Lender a written confirmation signed by an Authorized Officer of Borrower, of each telephonic notice signed given by a Responsible Officer of Borrower pursuant to the Borrowerpreceding sentence. If the written confirmation differs in any material respect from the action taken by the Lender, the records of the Lender shall govern, govern absent manifest error.
Appears in 1 contract
Telephonic Notices. The Borrower hereby authorizes the Lender to extend Loans extend, convert or continue Advances, effect selections of Types of Advances and to transfer funds, in each case funds based on telephonic notices made by any Person person or Persons who the persons Lender in good faith believes to be acting on behalf of the Borrower, it being understood that the foregoing authorization is specifically intended to allow Borrowing Notices of Borrowing and Conversion/Continuation Notices to be given telephonically. The Borrower agrees to deliver promptly to the Lender a written confirmation signed by an Authorized Officer if such confirmation is requested by Lender, of each telephonic notice signed by a Responsible Officer of the Borrowernotice. If the written confirmation differs in any material respect from the action taken by the Lender, the records of the Lender shall govern, govern absent manifest error.
Appears in 1 contract
Telephonic Notices. The Borrower Borrowers hereby authorizes authorize the Lender to extend Loans extend, convert or continue Advances, and to transfer funds, in each case funds based on telephonic notices made by any Person person or Persons who persons the Lender in good faith believes to be acting on behalf of the any Borrower, it being understood that the foregoing authorization is specifically intended to allow Borrowing Notices of Borrowing to be given telephonically. The Borrower agrees Borrowers agree to deliver promptly to the Lender a written confirmation, if such confirmation is requested by the Lender, of each telephonic notice signed by a Responsible Officer of the Borroweran Authorized Officer. If the written confirmation differs in any material respect from the action taken by the Lender, the records of the Lender shall govern, govern absent manifest error.
Appears in 1 contract
Telephonic Notices. The Borrower Borrowers hereby authorizes authorize the Lender to extend extend, convert or continue Loans, effect selections of Types of Loans and to transfer funds, in each case funds based on telephonic notices made by any Person person or Persons who persons the Lender in good faith believes to be acting on behalf of the BorrowerBorrowers, it being understood that the foregoing authorization is specifically intended to allow Borrowing Notices of Borrowing and Conversion/Continuation Notices to be given telephonically. The Borrower agrees Borrowers agree to deliver promptly to the Lender a written confirmation, if such confirmation is requested by the Lender, of each telephonic notice signed by a Responsible Officer of the Borroweran Authorized Officer. If the written confirmation differs in any material respect from the action taken by the Lender, the records of the Lender shall govern, govern absent manifest error.
Appears in 1 contract
Samples: Credit Agreement (Magnetek Inc)
Telephonic Notices. The Each Borrower hereby authorizes the Lender to extend Loans extend, convert or continue Advances, effect selections of Types of Advances and to transfer funds, in each case funds based on telephonic notices made by any Person person or Persons who persons the Lender in good faith believes to be acting on behalf of the Borroweran Authorized Officer, it being understood that the foregoing authorization is specifically intended to allow Borrowing Notices of Borrowing and Conversion/Continuation Notices to be given telephonically. The Borrower Authorized Officer agrees to deliver promptly to the Lender a written confirmation, if such confirmation is requested by the Lender, of each telephonic notice signed by a Responsible Officer of the Borroweran Authorized Officer. If the written confirmation differs in any material respect from the action taken by the Lender, Lender the records of the Lender shall govern, govern absent manifest error.
Appears in 1 contract
Samples: Credit Facility and Security Agreement (Goodman Conveyor Co)
Telephonic Notices. The Each Borrower hereby authorizes the Lender Lenders and the Agent to extend Loans extend, convert or continue Advances, effect selections of Types of Advances and to transfer funds, and the Swing Line Lender to make Swing Line Loans, based in each case based on telephonic notices made by any Person person or Persons who persons the Agent or any Lender in good faith believes to be acting on behalf of the such Borrower, it being understood that the foregoing authorization is specifically intended to allow Notices of Borrowing to be given telephonically. The Each Borrower agrees to deliver promptly to the Lender Agent a written confirmation, if such confirmation is requested by the Agent or any Lender, of each telephonic notice signed by a Responsible Officer of the Borroweran Authorized Officer. If the written confirmation differs in any material respect from the action taken by the LenderAgent and the Lenders, the records of the Lender Agent and the Lenders shall govern, govern absent manifest error.
Appears in 1 contract
Samples: Credit Agreement (American Medical Security Group Inc)
Telephonic Notices. The Borrower Borrowers hereby authorizes authorize the Lender to extend Loans extend, convert or continue Advances, effect selections of Types of Advances and to transfer funds, in each case funds based on telephonic notices made by any Person person or Persons who persons the Lender in good faith believes to be acting on behalf of the a Borrower, it being understood that the foregoing authorization is specifically intended to allow Borrowing Notices of Borrowing and Conversion/Continuation Notices to be given telephonically. The Borrower agrees Borrowers agree to deliver promptly to the Lender a written confirmation, signed by an Authorized Officer, if such confirmation is requested by the Lender, of each telephonic notice signed by a Responsible Officer of the Borrowernotice. If the written confirmation differs in any material respect from the action taken by the Lender, the records of the Lender shall govern, govern absent manifest error.
Appears in 1 contract
Telephonic Notices. The Borrower hereby authorizes the Lender Bank to extend Loans extend, convert or continue Advances, effect selections of Types of Advances and to transfer funds, in each case funds based on telephonic notices made by any Person person or Persons who persons the Lender Bank in good faith believes to be acting on behalf of the Borrower, it being understood that the foregoing authorization is specifically intended to allow Disbursement Requests and Conversion/Continuation Notices of Borrowing to be given telephonically. The Borrower agrees to deliver promptly to the Lender Bank a written confirmation, if such confirmation is requested by the Bank, of each telephonic notice signed by a Responsible Officer of the Borroweran Executive Officer. If the written confirmation differs in any material respect from the action taken by the LenderBank, the records of the Lender Bank shall govern, govern absent manifest error.
Appears in 1 contract
Telephonic Notices. The Borrower hereby authorizes the Lender to extend Loans extend, convert or continue Advances, effect selections of Types of Advances and to transfer funds, in each case funds based on telephonic notices made by any Person person or Persons who persons the Lender in good faith believes to be acting on behalf of the Borrower, it being understood that the foregoing authorization is specifically intended to allow Borrowing Notices of Borrowing and Conversion/Continuation Notices to be given telephonically. The Borrower agrees to deliver promptly to the Lender a written confirmation, if such confirmation is requested by the Lender, of each telephonic notice signed by a Responsible Officer of the Borroweran Authorized Officer. If the written confirmation differs in any material respect from the action taken by the Lender, the records of the Lender shall govern, govern absent manifest error.
Appears in 1 contract
Telephonic Notices. The Borrower hereby authorizes the Lender to extend ------------------ extend, convert or continue Loans, effect selections of Types of Loans and to transfer funds, in each case funds based on telephonic notices made by any Person person or Persons who persons the Lender in good faith believes to be acting on behalf of the Borrower, it being understood that the foregoing authorization is specifically intended to allow Borrowing Notices of Borrowing and Conversion/Continuation Notices to be given telephonically. The Borrower agrees to deliver promptly to the Lender a written confirmation, if such confirmation is requested by the Lender, of each telephonic notice signed by a Responsible Officer of the Borroweran Authorized Officer. If the written confirmation differs in any material respect from the action taken by the Lender, the records of the Lender shall govern, absent manifest error.
Appears in 1 contract
Samples: Credit Agreement (Nesco Inc/Ok)
Telephonic Notices. The Each Borrower hereby authorizes the Lender Lenders and the Agent to extend Loans extend, convert or continue Advances, effect selections of Types of Advances and to transfer funds, in each case funds based on telephonic notices made by any Person person or Persons who persons the Agent or any Lender in good faith believes to be acting on behalf of the such Borrower, it being understood that the foregoing authorization is specifically intended to allow Borrowing Notices of Borrowing and Conversion/Continuation Notices to be given telephonically. The Borrower Representative agrees to deliver promptly to the Lender Agent a written confirmation of each telephonic notice notice, signed by a Responsible Officer of the Borroweran Authorized Officer. If the written confirmation differs in any material respect from the action taken by the LenderAgent and the Lenders, the records of the Lender Agent and the Lenders shall govern, govern absent manifest error.
Appears in 1 contract
Samples: Credit Agreement (Midas Inc)
Telephonic Notices. The Borrower Borrowers hereby authorizes the Lender Bank to extend extend, convert or continue Loans, effect selections of Types of Loans and to transfer funds, in each case funds based on telephonic notices made by any Person person or Persons who persons the Lender Bank in good faith believes to be acting on behalf of the any Borrower, it being understood that the foregoing authorization is specifically intended to allow Borrowing Notices of Borrowing and Conversion/Continuation Notices to be given telephonically. The Borrower agrees Borrowers agree to deliver promptly to the Lender bank a written confirmation, if such confirmation is requested by the Bank, of each telephonic notice signed by a Responsible Officer of the Borroweran authorized officer. If the written confirmation differs in any material respect from the action taken by the LenderBank, the records of the Lender Bank shall govern, govern absent manifest error.
Appears in 1 contract
Samples: Loan Agreement