Common use of Term Loan Advances Clause in Contracts

Term Loan Advances. (i) Subject to and upon the terms and conditions of this Agreement, Bank agrees to make Term Loan Advances to Borrower. Borrower may request Term Loan Advances from the date hereof through August , 2012. The aggregate outstanding amount of Term Loan Advances shall not exceed the Term Loan. The proceeds of the Term Loan shall be used to finance the Acquisition. (ii) Interest shall accrue from the date of each Term Loan Advance at the rate specified in Section 2.3(a), and shall be payable in accordance with Section 2.3(c). Any Term Loan Advances that are outstanding on August , 2012 shall be payable in forty two (42) equal monthly installments of principal, plus all accrued interest, beginning on September 1, 2012, and continuing on the same day of each month thereafter until paid in full. Term Loan Advances, once repaid, may not be reborrowed. Borrower may prepay any Term Loan Advances without penalty or premium. (iii) When Borrower desires to obtain a Term Loan Advance, Borrower shall notify Bank (which notice shall be irrevocable) by facsimile transmission to be received no later than 3:00 p.m. Central (1:30 p.m. Central time for wire transfers), on the Business Day the Term Loan Advance is to be made. Such notice shall be substantially in the form of Exhibit C. The notice shall be signed by a Responsible Officer or its designee and include a copy of the invoice for any Equipment to be financed. Bank shall be entitled to rely on any facsimile or telephonic notice given by a person who Bank reasonably believes to be a Responsible Officer or a designee thereof, and Borrower shall indemnify and hold Bank harmless for any damages or loss suffered by Bank as a result of such reliance.

Term Loan Advances. (i) Subject to and upon the terms and conditions of this Agreement, Bank agrees to make Term Loan Advances to BorrowerBorrowers. Borrower Borrowers, or any of them, may request Term Loan Advances from the date hereof through August September 5, 2012. The aggregate outstanding amount of Term Loan Advances shall not exceed the Term Loan. The proceeds of the Term Loan shall be used by Borrowers to finance the Acquisitionreimburse Borrowers for cash expended in Silverback’s acquisition of PowerSteering and to repay Subordinated Debt owed by Silverback to Xxxx X. XxXxxxxx. (ii) Interest shall accrue from the date of each Term Loan Advance at the rate specified in Section 2.3(a), and shall be payable in accordance with Section 2.3(c). Any Term Loan Advances that are outstanding on August September 5, 2012 shall be payable in forty two eight (4248) equal monthly installments of principal, plus all accrued interest, beginning on September October 1, 2012, and continuing on the same day of each month thereafter until the Term Loan Maturity Date, when all outstanding principal and accrued interest shall be paid in full. Term Loan Advances, once repaid, may not be reborrowed. Borrower Borrowers may prepay any Term Loan Advances without penalty or premium. (iii) When a Borrower desires to obtain a Term Loan Advance, such Borrower shall notify Bank (which notice shall be irrevocable) by facsimile transmission to be received no later than 3:00 p.m. Central time (1:30 p.m. Central time for wire transfers), ) on the Business Day the Term Loan Advance is to be made. Such notice shall be substantially in the form of Exhibit C. The notice shall be signed by a Responsible Officer of any Borrower or its designee and include a copy of the invoice for any Equipment to be financeddesignee. Bank shall be entitled to rely on any facsimile or telephonic notice given by a person who Bank reasonably believes to be a Responsible Officer of any Borrower or a designee thereof, and Borrower Borrowers shall indemnify and hold Bank harmless for any damages or loss suffered by Bank as a result of such reliance.

Term Loan Advances. (i) Subject to and upon the terms and conditions of this Agreement, Bank agrees to make Term Loan Advances to Borrower. during the Draw Period, Borrower may request and Bank shall make term loan advances in an aggregate amount not to exceed the Term Line (each a "Term Loan Advances from Advance" and collectively, the date hereof through August , 2012"Term Loan Advances"). Each Term Loan Advance shall be in an amount not less than Two Hundred Fifty Thousand Dollars ($250,000). The aggregate outstanding amount of the Term Loan Advances shall not not, at any time, exceed the Term Loan. The proceeds of the Term Loan shall be used to finance the AcquisitionLine. (ii) Interest shall accrue from the date of each The Term Loan Advance at the rate specified in Section 2.3(a), and Advances shall be "interest-only" during the Draw Period, with interest due and payable in accordance with Section 2.3(c)2.3 hereof. Any Beginning on the Amortization Start Date and continuing on the first (1st) day of each month thereafter, the Term Loan Advances that are outstanding on August , 2012 shall be payable in forty two thirty (4230) equal monthly installments of principalprincipal plus accrued and unpaid interest (each a "Term Loan Advance Payment"). Borrower's final Term Loan Advance Payment, plus all accrued interest, beginning on September 1, 2012, and continuing due on the same day of each month thereafter until paid in fullTerm Loan Maturity Date, shall include all outstanding principal and accrued and unpaid interest on the Term Loan Advances. Term Loan Advances, once repaid, may not be reborrowed. Borrower may prepay any Term Loan Advances at any time without penalty or premium. (iii) When Borrower desires to obtain a Term Loan Advance, Borrower shall notify Bank (which notice shall be irrevocable) by electronic mail or facsimile transmission to be received no later than 3:00 2:00 p.m. Central Eastern time three (1:30 p.m. Central time for wire transfers), 3) Business Days before the day on the Business Day which the Term Loan Advance is to be made. Such notice shall be substantially in the form of Exhibit C. set forth in the Client Reporting File. The notice shall be signed by a Responsible Officer or its designee and include a copy of the invoice for any Equipment to be financed. Bank shall be entitled to rely on any facsimile or telephonic notice given by a person who Bank reasonably believes to be a Responsible Officer or a designee thereof, and Borrower shall indemnify and hold Bank harmless for any damages or loss suffered by Bank as a result of such reliancedesignee.

Term Loan Advances. (i) Subject to and upon the terms and conditions of this Agreement, at any time from the date hereof through the Interest-Only End Date, Bank agrees to make Term Loan Advances to Borrower. Borrower may request Term Loan Advances from the date hereof through August , 2012. The in an aggregate outstanding amount of Term Loan Advances shall not to exceed the Term LoanLine. The proceeds of the Each Term Loan Advance shall be used to finance the Acquisitionin minimum increments of Five Hundred Thousand Dollars ($500,000). (ii) Interest shall accrue from the date of each Term Loan Advance at the rate specified in Section 2.3(a)2.3, and shall be payable in accordance with Section 2.3(c)monthly on the twenty-ninth (29th) day of each month so long as any Term Loan Advances are outstanding. Any Term Loan Advances that are outstanding on August , 2012 the Interest-Only End Date shall be payable in forty two (42x) if the Amortization Start Date is May 29, 2022, thirty (30) and (y) if the Amortization Start Date is November 29, 2022, twenty-four (24), equal monthly installments of principal, plus all accrued interest, beginning on September 1, 2012the Amortization Start Date, and continuing on the same day of each month thereafter until paid in fullthrough the Term Loan Maturity Date, at which time all amounts owing under this Section 2.1(d) and any other amounts owing under this Agreement shall be immediately due and payable. Term Loan Advances, once repaid, may not be reborrowed. Borrower may prepay any Term Loan Advances at any time, in whole or in part, without penalty or premium. (iii) When Borrower desires to obtain a Term Loan Advance, Borrower shall notify Bank (which notice shall be irrevocable) by electronic mail or facsimile transmission to be received no later than 3:00 p.m. Central Eastern time two (1:30 p.m. Central time for wire transfers), 2) Business Days (or in the case of the Term Loan Advance made on the date hereof, one (1) Business Day Day) before the day on which the Term Loan Advance is to be made. Such notice shall be substantially in the form of Exhibit C. B. The notice shall be signed by a Responsible Officer or its designee and include a copy of the invoice for any Equipment to be financed. Bank shall be entitled to rely on any facsimile or telephonic notice given by a person who Bank reasonably believes to be a Responsible Officer or a designee thereof, and Borrower shall indemnify and hold Bank harmless for any damages or loss suffered by Bank as a result of such relianceOfficer.

Term Loan Advances. (i) Subject to and upon the terms and conditions of this Agreement, Bank agrees to make Term Loan Advances to Borrower. Borrower may request Term Loan Advances from the date hereof through August December 29, 20122015. The aggregate outstanding amount of Term Loan Advances shall not exceed the Term Loan. The proceeds of the Term Loan shall be used to finance the Acquisition. (ii) Interest shall accrue from the date of each Term Loan Advance at the rate specified in Section 2.3(a)the Pricing Addendum, and shall be payable in accordance with Section 2.3(c)2.3(b) and on the terms set forth in the Pricing Addendum. Any Term Loan Advances that are outstanding on August December 29, 2012 2015 shall be payable in forty two thirty six (4236) equal monthly installments of principal, plus all accrued interest, beginning on September January 1, 20122016, and continuing on the same day of each month thereafter until paid in fullthe Term Loan Maturity Date, at which time all Term Loan Advances made under this Section 2.1(b) and any other amounts due under this Agreement shall be immediately due and payable. Term Loan Advances, once repaid, may not be reborrowed. Except as set forth in the Pricing Addendum, Borrower may prepay any Term Loan Advances without penalty or premium. (iii) When Borrower desires to obtain a an Term Loan Advance, Borrower shall notify Bank (which notice shall be irrevocable) by facsimile transmission to be received no later than 3:00 p.m. Central Pacific time three (1:30 p.m. Central time for wire transfers), 3) Business Days before the day on the Business Day which the Term Loan Advance is to be made. Such notice shall be substantially in the form of Exhibit C. The notice shall be signed by a Responsible Officer or its designee and include a copy of the invoice for any Equipment to be financedOfficer. Bank shall be entitled to rely on any facsimile or telephonic notice given by a person who Bank reasonably believes to be a Responsible Officer or a designee thereofOfficer, and Borrower shall indemnify and hold Bank harmless for any damages or loss suffered by Bank as a result of such reliance.

Term Loan Advances. (i) 2.1.1 Subject to the terms and conditions hereof and relying upon the representations and warranties herein set forth, Lenders shall make available and/or extend to Borrower, advances under a non-revolving delayed draw term loan (each, a “Term Loan Advance” and collectively, the “Term Loan Advances”) up to the amount of the Term Loan Commitment, upon the terms and conditions and in reliance upon the representations and warranties of Loan Parties set forth in this Agreement. At any time and from time to time, Bank for the period commencing on the Closing Date through and including the date which is the first anniversary of the Closing Date, Borrower may request and each Lender severally agrees to make to Borrower, such Lender’s Ratable Share of a Term Loan Advances to Borrower. Borrower may request Advance or Term Loan Advances from Advances, which shall be used by the date hereof through August Borrower for the purposes set forth herein; provided, 2012. The aggregate outstanding that, the total amount of all Term Loan Advances shall not exceed the Term Loan Commitment and at no time shall the outstanding amount of the Term Loan exceed the Borrowing Base. Amounts advanced under this Section 2.1.1 and repaid may not be reborrowed. 2.1.2 Proceeds of the Term Loan Advances shall be used solely for general corporate needs and investment purposes and to pay fees, costs and expenses in conjunction with the Loan Documents. 2.1.3 The Borrower’s joint and several obligation to repay the Term Loan Advances and interest thereon shall be evidenced by one or more secured promissory notes to be executed and delivered to each Lender by the Borrower concurrently with the execution and delivery of this Agreement (collectively, the “Term Loan Note”). 2.1.4 The entire outstanding principal balance of Term Loan Advances outstanding on the Conversion Date shall be converted to a term loan (the “Term Loan”) and no further Term Loan Advances shall be permitted. The proceeds principal portion of the Term Loan shall be used begin to finance the Acquisition. (ii) Interest shall accrue from the date of each Term Loan Advance at the rate specified in Section 2.3(a), amortize and shall be due and payable in accordance with Section 2.3(c). Any Term Loan Advances that are outstanding on August , 2012 shall be payable in forty two (42) equal monthly consecutive quarterly installments of principal, plus all accrued interest, beginning on September 1, 2012, and continuing on the same first day of each month thereafter until paid in full. Term Loan AdvancesJanuary, once repaidApril, may not be reborrowed. Borrower may prepay any Term Loan Advances without penalty or premium. July and October of each year based on a five (iii5) When Borrower desires to obtain a Term Loan Advanceyear amortization schedule, Borrower shall notify Bank (which notice shall be irrevocable) by facsimile transmission to be received no later than 3:00 p.m. Central (1:30 p.m. Central time for wire transfers), commencing on the Business Day the Term Loan Advance is to be made. Such notice shall be substantially in the form of Exhibit C. The notice shall be signed by a Responsible Officer or its designee and include a copy first day of the invoice for any Equipment to be financed. Bank shall be entitled to rely first full quarter following the Conversion Date, with the entire principal balance, along with all unpaid interest, fees, costs and expenses related thereto, payable on any facsimile or telephonic notice given by a person who Bank reasonably believes to be a Responsible Officer or a designee thereof, and Borrower shall indemnify and hold Bank harmless for any damages or loss suffered by Bank as a result of such reliancethe Expiration Date.

Term Loan Advances. (i) Subject to and upon the terms and conditions of this Agreement, Bank agrees to make Term Loan Advances to Borrower. Borrower Borrowers may request Term Loan Advances from in the date hereof through August , 2012aggregate principal amount of Four Million Dollars ($4,000,000). The aggregate outstanding initial Term Loan Advance in the amount of Two Million Dollars ($2,000,000) shall be made to Borrowers on or around the Fourth Amendment Date. A second Term Loan Advance in the amount of Two Million Dollars ($2,000,000) may be requested by Borrowers at any time prior to the first anniversary of the Fourth Amendment Date. Term Loan Advances shall not exceed the Term Loan. The proceeds of the Term Loan shall be used to finance for the Acquisitionfinancing of Borrowers’ acquisition(s) of targeted prospects as approved by Bank. (ii) Interest shall accrue from the date of each Term Loan Advance at the rate specified in Section 2.3(a)2.3, and shall be payable in accordance with Section 2.3(c). Any monthly on the tenth day of each month so long as any Term Loan Advances that are outstanding on August , 2012 outstanding. Term Loan Advances shall be payable in forty two eight (4248) equal monthly installments of principal, plus all accrued interest, beginning on September 1, 2012the tenth day of the first month following the date each Term Loan Advance is made to Borrowers, and continuing on the same day of each month thereafter until paid in fullthrough the applicable Term Loan Maturity Date, at which time all amounts owing under this Section 2.1(b) with respect to such Term Loan Advance shall be immediately due and payable. Term Loan Advances, once repaid, may not be reborrowed. Borrower may prepay any Term Loan Advances without penalty or premium. (iii) Borrowers shall have the option to prepay any or all of the Term Loan Advances made by Bank under this Agreement, provided that Borrowers provide written notice to Bank of its election to prepay such portion or all of the Term Loan Advance(s) at least ten (10) days prior to such prepayment, and pays, on the date of such prepayment, (1) the outstanding principal amount of such portion or all of the Term Loan Advance(s) being repaid, plus (2) all accrued interest thereon, plus (3) all other sums, if any, that shall have become due and payable under the Loan Documents and relate to such Term Loan Advance, plus (4) the Prepayment Fee set forth in Section 2.5(a)(iii). (iv) When Borrower desires Borrowers desire to obtain a Term Loan Advance, Borrower Borrowers shall notify Bank (which notice shall be irrevocable) by electronic mail or facsimile transmission to be received no later than 3:00 p.m. Central Pacific time five (1:30 p.m. Central time for wire transfers), 5) Business Days before the day on the Business Day which the Term Loan Advance is requested to be made, and Borrowers shall provide to Bank such information as Bank may request with respect to the acquisition being financed by such Term Loan Advance. Such notice shall be substantially in the form of Exhibit C. The notice shall be B-1 and signed by a Responsible Officer or its designee designee. 4. Section 2.3(a) is amended and include a copy of the invoice for any Equipment restated in its entirety to be financed. Bank shall be entitled to rely on any facsimile or telephonic notice given by a person who Bank reasonably believes to be a Responsible Officer or a designee thereof, and Borrower shall indemnify and hold Bank harmless for any damages or loss suffered by Bank read as a result of such reliance.follows:

Term Loan Advances. (ia) Subject to and upon the terms and conditions of this AgreementThrough February 28, 2004, Bank agrees will make advances (individually referred to make herein as an “Term Loan Advances to Borrower. Borrower may request Advance” and collectively as the “Term Loan Advances Advances”) in an aggregate amount not to exceed Four Million Dollars ($4,000,000). (b) Interest accrues from the date hereof through August , 2012. The aggregate outstanding amount of Term Loan Advances shall not exceed the Term Loan. The proceeds of the Term Loan shall be used to finance the Acquisition. (ii) Interest shall accrue from the date making of each Term Loan Advance at the rate specified applicable interest rates as set forth in Section 2.3(a), ) hereof and is payable as set forth therein beginning on the first possible interest payment date following the making of such Term Loan Advance. Borrower shall be payable in accordance with Section 2.3(c). Any repay the aggregate amount of the Term Loan Advances that are outstanding on August , 2012 shall be payable to Bank in forty two forty-eight (4248) equal monthly installments of principal, plus all accrued interest, principal beginning on September March 1, 2012, 2004 and continuing on the same first day of each month of the succeeding forty-seven (47) months thereafter until paid (such final installment payment date for the Term Loan Advances is referred to herein as the “ Term Loan Maturity Date”), with the understanding that on the Term Loan Maturity Date all Term Loan Advances and all related Obligations shall be repaid in full. Term Loan Advances, once repaid, Advances when repaid may not be reborrowed. Borrower may prepay any Term Loan Advances without penalty or premium. (iiic) When Borrower desires to To obtain a Term Loan Advance, Borrower shall must notify Bank (which the notice shall be is irrevocable) by facsimile transmission to be received no later than 3:00 12:00 p.m. Central (1:30 p.m. Central Pacific time for wire transfers), on the one Business Day before the day on which the Term Loan Advance is to be made. Such The notice shall be substantially in the form of Exhibit C. The notice shall B (Payment/Advance Form) must be signed by a Responsible Officer or its designee and include a copy designee. The proceeds of the invoice for any Equipment to be financed. Bank each Term Loan Advances shall be entitled used for general corporate purposes. 2. Revised Section 2.3(a) and Section 2.3(b). Subsections (a) and (b) of Section 2.3 are hereby amended and restated to rely on any facsimile or telephonic notice given by a person who Bank reasonably believes to be a Responsible Officer or a designee thereofread, and Borrower shall indemnify and hold Bank harmless for any damages or loss suffered by Bank respectively, as a result of such reliance.follows:

Term Loan Advances. (i) Subject to and upon the terms and conditions of this Agreement, Bank agrees to make Term Loan Advances to Borrower. Borrower may request Term Loan Advances Advances, in a minimum amount of $250,000 or whole number multiples thereof, from the date hereof through August December 14, 2012. The aggregate outstanding amount of Term Loan Advances shall not exceed the Term Loan. The proceeds of the Term Loan shall be used to finance the AcquisitionMaximum Amount. (ii) Interest shall accrue from the date of each Term Loan Advance at the rate specified in Section 2.3(a), and shall be payable in accordance with Section 2.3(c). Any Term Loan Advances that are outstanding on August December 14, 2012 shall be payable in forty two thirty (4230) equal monthly installments of principal, plus all accrued interest, beginning on September January 1, 20122013, and continuing on the same day of each month thereafter until paid through the Term Loan Maturity Date, at which time all amounts due in fullconnection with Term Loan Advances shall be immediately due and payable. Term Loan Advances, once repaid, may not be reborrowed. Borrower may prepay any Term Loan Advances without penalty or premium. (iii) When Borrower desires to obtain a Term Loan Advance, Borrower shall notify Bank (which notice shall be irrevocable) by facsimile transmission to be received no later than 3:00 p.m. Central Pacific time three (1:30 p.m. Central time for wire transfers), 3) Business Days before the day on the Business Day which the Term Loan Advance is to be made. Such notice shall be substantially in the form of Exhibit C. The notice shall be signed by a Responsible Officer or its designee and include a copy of the invoice for any Equipment to be financeddesignee. Bank shall be entitled to rely on any facsimile or telephonic notice given by a person who Bank reasonably believes to be a Responsible Officer or a designee thereof, and Borrower shall indemnify and hold Bank harmless for any damages or loss suffered by Bank as a result of such reliance.

Term Loan Advances. (ia) Subject to and upon the terms and conditions of this Agreement, Bank agrees to will make Term Loan Advances to Borrower. Borrower may request Term Loan Advances from not exceeding the date hereof through August , 2012. The aggregate outstanding amount lesser of Term Loan Advances shall not exceed (i) the Committed Term Loan. The proceeds of , or (ii) the Term Loan shall Borrowing Base, whichever is less. Amounts borrowed under this Section may not be used to finance repaid and reborrowed during the Acquisitionterm of this Agreement. (iib) Interest shall accrue from the date of each Term Loan Advance at the rate specified in Section 2.3(a), and shall be payable in accordance with Section 2.3(c). Any Term Loan Advances that are outstanding on August , 2012 shall be payable in forty two (42) equal monthly installments of principal, plus all accrued interest, beginning on September 1, 2012, and continuing on the same day of each month thereafter until paid in full. Term Loan Advances, once repaid, may not be reborrowed. Borrower may prepay any Term Loan Advances without penalty or premium. (iii) When Borrower desires to To obtain a Term Loan Advance, Borrower shall must notify Bank (which notice shall be irrevocable) by facsimile transmission to be received no later than or telephone by 3:00 p.m. Central (1:30 p.m. Central Pacific time for wire transfers), on the Business Day the Term Loan Advance is to be made. Such notice shall be substantially in Borrower must promptly confirm the form notification by delivering to Bank the Payment/Advance Form attached as Exhibit B, along with copies of Exhibit C. The notice shall be signed by appropriate equipment Invoices. Bank will credit Term Loan Advances to Borrower's deposit account. Bank may make Term Loan Advances under this Agreement based on Instructions from a Responsible Officer or its his or her designee and include a copy of or without instructions if the invoice for any Equipment Term Loan Advances are necessary to be financedmeet Obligations which have become due. Bank shall be entitled to may rely on any facsimile or telephonic telephone notice given by a person who whom Bank reasonably believes to be is a Responsible Officer or a designee thereofdesignee. Borrower will indemnify Bank for any loss Bank suffers due to reliance. (c) Bank shall make Term Loan Advances under the Committed Term Loan, in accordance with the conditions described above, during the twelve month period beginning with the date of this Agreement, and Borrower ending on that date which is twelve months thereafter (the "Advance Period"). During the Advance Period, interest shall indemnify be paid monthly, in arrears, on the first day of each month. At the end of the Advance Period, the Committed Term Line shall convert to a fully amortizing term loan, with thirty-six (36) equal monthly payments of principal, plus interest. The first monthly payment of principal and hold Bank harmless for interest shall be due and payable on the first day of the first full month following the end of the Advance Period. The final payment of all outstanding principal, plus any damages or loss suffered by Bank as a result accrued but unpaid interest, shall be due on the first day of such reliancethat month which is thirty-six (36) months from the end of the Advance Period (the "Term Loan Maturity Date").

Term Loan Advances. (i) Subject to and upon the terms and prior satisfaction of all other applicable conditions to the making of a Term Loan Advances set forth in this Agreement, Bank agrees to make Term Loan Advances to Borrower. Borrower may request Term Loan Advances from the date hereof through August , 2012. The aggregate outstanding amount of Term Loan Advances shall not exceed the Term Loan. The proceeds of the Term Loan shall be used to finance the Acquisition. (ii) Interest shall accrue from the date of each Term Loan Advance at the rate specified in Section 2.3(a), and shall be payable in accordance with Section 2.3(c). Any Term Loan Advances that are outstanding on August , 2012 shall be payable in forty two (42) equal monthly installments of principal, plus all accrued interest, beginning on September 1, 2012, and continuing on the same day of each month thereafter until paid in full. Term Loan Advances, once repaid, may not be reborrowed. Borrower may prepay any Term Loan Advances without penalty or premium. (iii) When Borrower desires to obtain a Term Loan Advance, Borrower shall notify Bank Agent (which notice shall be irrevocable) by facsimile transmission to electronic mail, facsimile, or telephone by 12:00 p.m. Eastern time at least five (5) Business Days before the proposed Funding Date (with the exception of the Term B Loan Advance that shall be received no later than 3:00 p.m. Central (1:30 p.m. Central time for wire transfers), made on the First Amendment Effective Date, which shall be one (1) Business Day before the proposed Funding Date) of the Term Loan Advance. Together with any such electronic or facsimile notification, Borrower shall deliver to Agent by electronic mail or facsimile a completed Disbursement Letter (and Payment Advance is to be madeRequest Form) executed by an Authorized Signer. Such notice shall be substantially in the form of Exhibit C. The notice shall be signed by a Responsible Officer or its designee and include a copy of the invoice for any Equipment to be financed. Bank shall be entitled to Agent may rely on any facsimile or telephonic telephone notice given by a person who Bank reasonably whom Agent believes is an Authorized Signer. On the Funding Date, Agent shall credit each Term Loan Advance to the Designated Deposit Account. Agent may make a Term Loan Advance under this Agreement based on instructions from an Authorized Signer or without instructions if such Term Loan Advance is necessary to meet Obligations which have become due.” 5. The Credit Agreement shall be a Responsible Officer or a designee amended by deleting the following first sentence of Section 6.6(a) thereof: “Borrower shall, and shall cause each Credit Party to, maintain all of its operating and other deposit accounts, the Cash Collateral Account and securities/investment accounts with SVB and SVB’s Affiliates.” and inserting in lieu the following: “Borrower shall, and shall indemnify cause each Credit Party to, maintain all of its operating accounts, the Cash Collateral Account and hold Bank harmless for any damages or loss suffered excess cash with SVB and SVB’s Affiliates. 6. The Credit Agreement shall be amended by Bank deleting the following, appearing as a result of such reliance.Section 6.13 thereof: