Common use of Time for Requests Clause in Contracts

Time for Requests. The Borrower shall request each Advance not later than 11:00 a.m., Minneapolis, Minnesota time on the Banking Day which is the date the Advance is to be made. Each such request shall be effective upon receipt by the Lender, shall be in writing or by telephone or telecopy transmission, to be confirmed in writing by the Borrower if so requested by the Lender, shall be by (i) an Officer of the Borrower; or (ii) a person designated as the Borrower’s agent by an Officer of the Borrower in a writing delivered to the Lender; or (iii) a person whom the Lender reasonably believes to be an Officer of the Borrower or such a designated agent. The Borrower shall repay all Advances even if the Lender does not receive such confirmation and even if the person requesting an Advance was not in fact authorized to do so. Any request for an Advance, whether written or telephonic, shall be deemed to be a representation by the Borrower that the conditions set forth in Section 4.2 have been satisfied as of the time of the request.

Appears in 2 contracts

Samples: Credit and Security Agreement (Digital Angel Corp), Credit and Security Agreement (Digital Angel Corp)

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Time for Requests. The Borrower shall request each Advance not later than 11:00 a.m., Minneapolis, Minnesota time the Cut-off Time on the Banking Business Day on which is the date the Advance is to be made. Each such request that conforms to the terms of this Agreement shall be effective upon receipt by the Lender, shall be in writing or by telephone or telecopy transmission, to and shall be confirmed in writing by the Borrower if so requested by the Lender, shall be by (i) an Officer of the any Borrower; or (ii) a person Person designated as the any Borrower’s agent by an Officer of the Borrower in a writing delivered to the Lender; or (iii) a person Person whom the Lender reasonably believes to be an Officer of the any Borrower or such a designated agent. The Borrower shall repay all Advances even if the Lender does not receive such confirmation and even if the person Person requesting an Advance was not in fact authorized to do so. Any request for an Advance, whether written or telephonic, shall be deemed to be a representation by the Borrower that the conditions set forth in Section 4.2 have been satisfied as of the time of the request.

Appears in 2 contracts

Samples: Credit and Security Agreement (Christopher & Banks Corp), Credit and Security Agreement (Christopher & Banks Corp)

Time for Requests. The Borrower shall request each Advance not later than 11:00 a.m., Minneapolis, Minnesota time the Cut-off Time on the Banking Business Day on which is the date the Advance is to be made. Each such request that conforms to the terms of this Agreement shall be effective upon receipt by the Lender, shall be in writing or by telephone or telecopy transmission, to and shall be confirmed in writing by the Borrower if so requested by the Lender, shall be by (i) an Officer of the Borrower; or (ii) a person Person designated as the Borrower’s agent by an Officer of the Borrower in a writing delivered to the Lender; or (iii) a person Person whom the Lender reasonably believes to be an Officer of the Borrower or such a designated agent. The Borrower shall repay all Advances actually made by the Lender and received by the Borrower even if the Lender does not receive such confirmation and even if the person Person requesting an Advance was not in fact authorized to do so. Any request for an Advance, whether written or telephonic, shall be deemed to be a representation by the Borrower that the conditions set forth in Section 4.2 have been satisfied as of the time of the request.

Appears in 2 contracts

Samples: Credit and Security Agreement (CPS Technologies Corp/De/), Credit and Security Agreement by And (CPS Technologies Corp/De/)

Time for Requests. The Borrower shall request each Advance not later than 11:00 a.m., MinneapolisPhoenix, Minnesota Arizona time on the Banking Day which is the date the Advance is to be made. Each such request shall be effective upon receipt by the Lender, shall be in writing or by telephone or telecopy transmission, to be confirmed in writing by the Borrower if so requested by the Lender, shall be by (i) an Officer of the Borrower; or (ii) a person designated as the Borrower’s 's agent by an Officer of the Borrower in a writing delivered to the Lender; or (iii) a person whom the Lender reasonably believes to be an Officer of the Borrower or such a designated agent. The Borrower shall repay all Advances even if the Lender does not receive such confirmation and even if the person requesting an Advance was not in fact authorized to do so. Any request for an Advance, whether written or telephonic, shall be deemed to be a representation by the Borrower that the conditions set forth in Section 4.2 have been satisfied as of the time of the request.

Appears in 2 contracts

Samples: Credit and Security Agreement (Zila Inc), Credit and Security Agreement (Schuff International Inc)

Time for Requests. The Borrower shall request each Advance not later than 11:00 10:00 a.m., Minneapolis, Minnesota Pacific time on the Banking Day which is the date the Advance is to be made. Each such request shall be effective upon receipt by the Lender, shall be in writing or by telephone telephone, telecopy transmission or telecopy transmissionemail, to be confirmed in writing by the Borrower if so requested by the LenderLender (in the form of Exhibit E), shall be by (i) an Officer of the Borrower; or (ii) a person designated as the Borrower’s 's agent by an Officer of the Borrower in a writing delivered to the Lender; or (iii) a person whom the Lender reasonably believes to be an Officer of the Borrower or such a designated agent. The Borrower shall repay all Advances even if the Lender does not receive such confirmation and even if the person requesting an Advance was not in fact authorized to do so. Any request for an Advance, whether written or telephonic, shall be deemed to be a representation by the Borrower that the conditions set forth in Section 4.2 have been satisfied as of the time of the request.

Appears in 2 contracts

Samples: Credit and Security Agreement (Pro Dex Inc), Credit and Security Agreement (Pro Dex Inc)

Time for Requests. The Borrower shall request each Advance not later than 11:00 a.m., MinneapolisDenver, Minnesota time Colorado time, on the Banking Day which is the date the Advance is to be made. Each such request shall be effective upon receipt by the Lender, shall be in writing or by telephone or telecopy transmission, to be confirmed in writing by the Borrower if so requested by the Lender, Lender shall be by (i) an Officer of the Borrower; or (ii) a person designated as the Borrower’s 's agent by an Officer of the Borrower in a writing delivered to the Lender; or (iii) a person whom the Lender reasonably believes to be an Officer of the Borrower or such a designated agent. The Borrower shall repay all Advances even if the Lender does not receive such confirmation and even if the person requesting an Advance was not in fact authorized to do so. Any request for an Advance, whether written or telephonic, shall be deemed to be a representation by the Borrower that the conditions set forth in Section 4.2 have been satisfied as of the time of the request.

Appears in 2 contracts

Samples: Credit and Security Agreement (Metretek Technologies Inc), Credit and Security Agreement (Metretek Technologies Inc)

Time for Requests. The Borrower Borrowers shall request each Advance not later than 11:00 a.m., Minneapolis, Minnesota time the Cut-off Time on the Banking Business Day on which is the date the Advance is to be made. Each such request that conforms to the terms of this Agreement shall be effective upon receipt by the Lender, shall be in writing or by telephone or telecopy transmission, to and shall be confirmed in writing by the Borrower Borrowers if so requested by the Lender, shall be by (i) an Officer of the BorrowerBorrowers; or (ii) a person Person designated as the Borrower’s Borrowers' agent by an Officer of the Borrower Borrowers in a writing delivered to the Lender; or (iii) a person Person whom the Lender reasonably believes to be an Officer of the a Borrower or such a designated agent. The Borrower Borrowers shall repay all Advances even if the Lender does not receive such confirmation and even if the person Person requesting an Advance was not in fact authorized to do so. Any request for an Advance, whether written or telephonic, shall be deemed to be a representation by the Borrower Borrowers that the conditions set forth in Section 4.2 have been satisfied as of the time of the request.

Appears in 2 contracts

Samples: Credit and Security Agreement (Misonix Inc), Credit and Security Agreement (Misonix Inc)

Time for Requests. The Borrower shall request each Advance not later than 11:00 a.m., Minneapolis, Minnesota time the Cut-off Time on the Banking Business Day on which is the date the Advance is to be made. Each such request that conforms to the terms of this Agreement shall be effective upon receipt by the Lender, shall be in writing or by telephone or telecopy transmissiontelephone, to and shall be confirmed in writing by the Borrower if so requested by the Lender, shall be by (i) an Officer of the Borrower; or (ii) a person Person designated as the Borrower’s agent by an Officer of the Borrower in a writing delivered to the Lender; or (iii) a person Person whom the Lender reasonably believes to be an Officer of the Borrower or such a designated agent. The Borrower shall repay all Advances even if the Lender does not receive such confirmation and even if the person Person requesting an Advance was not in fact authorized to do so. Any request for an Advance, whether written or telephonic, shall be deemed to be a representation by the Borrower that the conditions set forth in Section 4.2 have been satisfied as of the time of the request.

Appears in 2 contracts

Samples: Credit and Security Agreement (Hei Inc), Credit and Security Agreement (Hei Inc)

Time for Requests. The Borrower shall request each Advance not later than 11:00 a.m.2:00 p.m., Minneapolis, Minnesota time on the Banking Day which is the date the Advance is to be made. Each such request shall be effective upon receipt by the Lender, shall be in writing or by telephone or telecopy transmission, to be confirmed in writing by the Borrower if so requested by the Lender, shall be by (i) an Officer of the Borrower; or (ii) a person designated as the Borrower’s agent by an Officer of the Borrower in a writing delivered to the Lender; or (iii) a person whom the Lender reasonably believes to be an Officer of the Borrower or such a designated agent. The Borrower shall repay all Advances even if the Lender does not receive such confirmation and even if the person requesting an Advance was not in fact authorized to do so. Any request for an Advance, whether written or telephonic, shall be deemed to be a representation by the Borrower that the conditions set forth in Section 4.2 have been satisfied as of the time of the request.

Appears in 1 contract

Samples: Credit and Security Agreement (Nortech Systems Inc)

Time for Requests. The Borrower shall request each Advance not later than 11:00 10:30 a.m., MinneapolisPhoenix, Minnesota Arizona time on the Banking Day which is the date the Advance is to be made. Each such request shall be effective upon receipt by the Lender, shall be in writing or by telephone or telecopy transmission, to be confirmed in writing by the Borrower if so requested by the Lender, shall be by (i) an Officer of the Borrower; or (ii) a person designated as the Borrower’s agent by an Officer of the Borrower in a writing delivered to the Lender; or (iii) a person whom the Lender reasonably believes to be an Officer of the Borrower or such a designated agent. The Borrower shall repay all Advances even if the Lender does not receive such confirmation and even if the person requesting an Advance was not in fact authorized to do so. Any request for an Advance, whether written or telephonic, shall be deemed to be a representation by the Borrower that the conditions set forth in Section 4.2 have been satisfied as of the time of the request.

Appears in 1 contract

Samples: Credit and Security Agreement (Bionova Holding Corp)

Time for Requests. The Borrower shall request each Advance not later than 11:00 a.m., Minneapolis, Minnesota time the Cut-off Time on the Banking Business Day which is the date the Advance is to be made. Each such request that conforms to the terms of this Agreement shall be effective upon receipt by the Lender, shall be in writing or by telephone or telecopy transmission, to and shall be confirmed in writing by the Borrower if so requested by the Lender, shall be by (i) an Officer of the Borrower; or (ii) a person designated as the Borrower’s agent by an Officer of the Borrower in a writing delivered to the Lender; or (iii) a person whom the Lender reasonably believes to be an Officer of the Borrower or such a designated agent. The Borrower shall repay all Advances even if the Lender does not receive such confirmation and even if the person requesting an Advance was not in fact authorized to do so. Any request for an Advance, whether written or telephonic, shall be deemed to be a representation by the Borrower that the conditions set forth in Section 4.2 0 have been satisfied as of the time of the request.

Appears in 1 contract

Samples: Credit and Security Agreement (Exabyte Corp /De/)

Time for Requests. The Borrower shall request each Advance not later than 11:00 11:30 a.m., Minneapolis, Minnesota time on the Banking Day which is the date the Advance is to be made. Each such request shall be effective upon receipt by the Lender, shall be in writing or by telephone or telecopy transmission, to be confirmed in writing by the Borrower if so requested by the Lender, shall be by (i) an Officer of the Borrower; or (ii) a person designated as the Borrower’s agent by an Officer of the Borrower in a writing delivered to the Lender; or (iii) a person whom the Lender reasonably believes to be an Officer of the Borrower or such a designated agent. The Borrower shall repay all Advances even if the Lender does not receive such confirmation and even if the person requesting an Advance was not in fact authorized to do so. Any request for an Advance, whether written or telephonic, shall be deemed to be a representation by the Borrower that the conditions set forth in Section 4.2 have been satisfied as of the time of the request.

Appears in 1 contract

Samples: Credit and Security Agreement (Pw Eagle Inc)

Time for Requests. The Borrower Borrowers shall request each Advance not later than 11:00 a.m., Minneapolis, Minnesota time the Cut-off Time on the Banking Business Day on which is the date the Advance is to be made. Each such request that conforms to the terms of this Agreement shall be effective upon receipt by the Lender, shall be in writing or by telephone or telecopy transmissionby Global, to and shall be confirmed in writing by the each Borrower requesting such Advance if so requested by the Lender, shall be by (i) an Officer of the Borrowereach Borrower requesting such Advance; or (ii) a person Person designated as the such Borrower’s agent by an Officer of the such Borrower in a writing delivered to the Lender; or (iii) a person Person whom the Lender reasonably believes to be an Officer of the such Borrower or such a designated agent. The Borrower Borrowers shall repay all Advances even if the Lender does not receive such confirmation and even if the person Person requesting an Advance was not in fact authorized to do so. Any request for an Advance, whether written or telephonic, shall be deemed to be a representation by the Borrower Borrowers that the conditions set forth in Section 4.2 have been satisfied as of the time of the request.

Appears in 1 contract

Samples: Credit and Security Agreement (Global Employment Holdings, Inc.)

Time for Requests. The Such Borrower shall request each Advance not later than 11:00 a.m., MinneapolisDenver, Minnesota Colorado time on the Banking Day which is the date the Advance is to be made. Each such request shall be effective upon receipt by the Lender, shall be in writing or by telephone or telecopy facsimile transmission, to be confirmed in writing by the such Borrower if so requested by the Lender, shall be by (i) an Officer of the such Borrower; or (ii) a person designated as the such Borrower’s 's agent by an Officer of the such Borrower in a writing delivered to the Lender; or (iii) a person whom the Lender reasonably believes to be an Officer of the such Borrower or such a designated agent. The Such Borrower shall repay all such Advances even if the Lender does not receive such confirmation and even if the person requesting an Advance was not in fact authorized to do so. Any request for an Advance, whether written or telephonic, shall be deemed to be a representation by the such Borrower that the conditions set forth in Section 4.2 have been satisfied as of the time of the request.

Appears in 1 contract

Samples: Credit and Security Agreement (Ramtron International Corp)

Time for Requests. The Borrower shall request each Advance not later than 11:00 a.m., Minneapolis, Minnesota time the Cut-off Time on the Banking Business Day which is the date the Advance is to be made. Each such request that conforms to the terms of this Agreement shall be effective upon receipt by the Lender, shall be in writing or by telephone or telecopy transmission, to and shall be confirmed in writing by the Borrower if so requested by the Lender, shall be by (i) an Officer of the Borrower; or (ii) a person designated as the Borrower’s agent by an Officer of the Borrower in a writing delivered to the Lender; or (iii) a person whom the Lender reasonably believes to be an Officer of the Borrower or such a designated agent. The Borrower shall repay all Advances even if the Lender does not receive such confirmation and even if the person requesting an Advance was not in fact authorized to do so. Any request for an Advance, whether written or telephonic, shall be deemed to be a representation by the Borrower that the conditions set forth in Section 4.2 have been satisfied as of the time of the request.

Appears in 1 contract

Samples: Credit and Security Agreement (Exabyte Corp /De/)

Time for Requests. The Borrower shall request each Advance not later than 11:00 10:00 a.m., Minneapolis, Minnesota Pacific time on the Banking Day which is the date the Advance is to be made. Each such request shall be effective upon receipt by the Lender, shall be in writing or by telephone telephone, telecopy transmission or telecopy transmissionemail, to be confirmed in writing by the Borrower if so requested by the Lender, shall be by (i) an Officer of the Borrower; or (ii) a person designated as the Borrower’s agent by an Officer of the Borrower in a writing delivered to the Lender; or (iii) a person whom the Lender reasonably believes to be an Officer of the Borrower or such a designated agent. The Borrower shall repay all Advances even if the Lender does not receive such confirmation and even if the person requesting an Advance was not in fact authorized to do so. Any request for an Advance, whether written or telephonic, shall be deemed to be a representation by the Borrower that the conditions set forth in Section 4.2 have been satisfied as of the time of the request.

Appears in 1 contract

Samples: Credit and Security Agreement (Corsair Components, Inc.)

Time for Requests. The Borrower shall request each Advance not later than 11:00 a.m., Minneapolis, Minnesota time (Denver time) on the Banking Day which is the date the Advance is to be made. Each such request shall be effective upon receipt by the Lender, shall be in writing or by telephone or telecopy transmission, to be confirmed in writing by the Borrower if so requested by the Lender, shall be by (i) an Officer of the Borrower; or (ii) a person designated as the Borrower’s 's agent by an Officer of the Borrower in a writing delivered to the Lender; or (iii) a person whom the Lender reasonably believes to be an Officer of the Borrower or such a designated agent. The Borrower shall repay all Advances even if the Lender does not receive such confirmation and even if the person requesting an Advance was not in fact authorized to do so. Any request for an Advance, whether written or telephonic, shall be deemed to be a representation by the Borrower that the conditions set forth in Section 4.2 have been satisfied as of the time of the request.

Appears in 1 contract

Samples: Credit and Security Agreement (Metretek Technologies Inc)

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Time for Requests. The Borrower Borrowers shall request each Advance not later than 11:00 10:00 a.m., Minneapolis, Minnesota Pacific time on the Banking Day which is the date the Advance is to be made. Each such request shall be effective upon receipt by the Lender, shall be in writing or by telephone telephone, telecopy transmission or telecopy transmissionemail, to be confirmed in writing by the Borrower Borrowers if so requested by the Lender, shall be by (i) an Officer of the BorrowerBorrowers; or (ii) a person designated as the Borrower’s Borrowers' agent by an Officer of the Borrower Borrowers in a writing delivered to the Lender; or (iii) a person whom the Lender reasonably believes to be an Officer of the Borrower Borrowers or such a designated agent. The Borrower Borrowers shall repay all Advances even if the Lender does not receive such confirmation and even if the person requesting an Advance was not in fact authorized to do so. Any request for an Advance, whether written or telephonic, shall be deemed to be a representation by the Borrower Borrowers that the conditions set forth in Section 4.2 have been satisfied as of the time of the request.

Appears in 1 contract

Samples: Credit and Security Agreement (Netlist Inc)

Time for Requests. The Borrower shall request each Revolving Advance not later than 11:00 a.m., Minneapolis, Minnesota time the Cut-off Time on the Banking Business Day on which is the date the Revolving Advance is to be made. Each such request that conforms to the terms of this Agreement shall be effective upon receipt by the Lender, shall be in writing or by telephone or telecopy transmissiontelephone, to and shall be confirmed in writing by the Borrower if so requested by the Lender, shall be by (i) an Officer of the Borrower; or (ii) a person Person designated as the Borrower’s 's agent by an Officer of the Borrower in a writing delivered to the Lender; or (iii) a person Person whom the Lender reasonably believes to be an Officer of the Borrower or such a designated agent. The Borrower shall repay all Revolving Advances even if the Lender does not receive such confirmation and even if the person Person requesting an a Revolving Advance was not in fact authorized to do so. Any request for an a Revolving Advance, whether written or telephonic, shall be deemed to be a representation by the Borrower that the conditions set forth in Section 4.2 have been satisfied as of the time of the request.

Appears in 1 contract

Samples: Credit and Security Agreement (Tradestar Services, Inc.)

Time for Requests. The Borrower shall request each Advance not later than 11:00 a.m., MinneapolisDenver, Minnesota Colorado time on the Banking Day which is the date the Advance is to be made. Each such request shall be effective upon receipt by the Lender, shall be in writing or by telephone or telecopy transmission, to be confirmed in writing by the Borrower if so requested by the Lender, shall be by (i) an Officer of the Borrower; or (ii) a person designated as the Borrower’s 's agent by an Officer of the Borrower in a writing delivered to the Lender; or (iii) a person whom the Lender reasonably believes to be an Officer of the Borrower or such a designated agent. The Borrower shall repay all Advances even if the Lender does not receive such confirmation and even if the person requesting an Advance was not in fact authorized to do so. Any request for an Advance, whether written or telephonic, shall be deemed to be a representation by the Borrower that the conditions set forth in Section 4.2 have been satisfied as of the time of the request.

Appears in 1 contract

Samples: Credit and Security Agreement (Ag Bag International LTD)

Time for Requests. The Borrower shall request each Advance not later than 11:00 a.m., Minneapolis, Minnesota time the Cut-off Time on the Banking Business Day immediately preceding the Business Day on which is the date the Advance is to be made. Each such request that conforms to the terms of this Agreement shall be effective upon receipt by the Lender, shall be in writing or by telephone or telecopy transmission, to and shall be confirmed in writing by the Borrower if so requested by the Lender, shall be by (i) an Officer of the Borrower; or (ii) a person Person designated as the Borrower’s agent by an Officer of the Borrower in a writing delivered to the Lender; or (iii) a person Person whom the Lender reasonably believes to be an Officer of the Borrower or such a designated agent. The Borrower shall repay all Advances even if the Lender does not receive such confirmation and even if the person Person requesting an Advance was not in fact authorized to do so. Any request for an Advance, whether written or telephonic, shall be deemed to be a representation by the Borrower that the conditions set forth in Section 4.2 have been satisfied as of the time of the request.

Appears in 1 contract

Samples: Credit and Security Agreement (Newtek Business Services Inc)

Time for Requests. The Such Borrower shall request each Advance not later than 11:00 a.m., Minneapolis, Minnesota time the Cut-off Time on the Banking Business Day which is the date the Advance is to be made. Each such request that conforms to the terms of this Agreement shall be effective upon receipt by the Lender, shall be in writing or by telephone or telecopy transmission, to and shall be confirmed in writing by the such Borrower if so requested by the Lender, shall be by (i) an Officer of the BorrowerAllis Chalmers; or (ii) a person designated as the such Borrower’s 's agent by an Officer of the Borrower Allis Chalmers in a writing delivered to the Lender; or (iii) a person whom the Lender reasonably believes to be an Officer of the Borrower Allis Chalmers or such a designated agent. The Borrower Borrowers shall repay all Advances even if the Lender does not receive such confirmation and even if the person requesting an Advance was not in fact authorized to do so. Any request for an Advance, whether written or telephonic, shall be deemed to be a representation by the Borrower Borrowers that the conditions set forth in Section SECTION 4.2 have been satisfied as of the time of the request.

Appears in 1 contract

Samples: Security Agreement (Allis Chalmers Corp)

Time for Requests. The Borrower Borrowers shall request each Advance not later than 11:00 a.m., Minneapolis, Minnesota time the Cut-off Time on the Banking Business Day on which is the date the Advance is to be made. Each such request that conforms to the terms of this Agreement shall be effective upon receipt by the Lender, shall be in writing or by telephone or telecopy transmission, to and shall be confirmed in writing by the Borrower Borrowers if so requested by the Lender, shall be by (i) an Officer of the BorrowerBorrowers; or (ii) a person Person designated as the Borrower’s Borrowers’ agent by an Officer of the Borrower Borrowers in a writing delivered to the Lender; or (iii) a person Person whom the Lender reasonably believes to be an Officer of the Borrower Borrowers or such a designated agent. The Borrower Borrowers shall repay all Advances even if the Lender does not receive such confirmation and even if the person Person requesting an Advance was not in fact authorized to do so. Any request for an Advance, whether written or telephonic, shall be deemed to be a representation by the Borrower Borrowers that the conditions set forth in Section 4.2 have been satisfied as of the time of the request.

Appears in 1 contract

Samples: Credit and Security Agreement (Pacific Cma Inc)

Time for Requests. The Borrower shall request each Advance not later than 11:00 a.m., Minneapolis, Minnesota time the Cut-off Time on the Banking Business Day on which is the date the Advance is to be made. Each such request that conforms to the terms of this Agreement shall be effective upon receipt by the Lender, shall be in writing or by telephone or telecopy transmission, to and shall be confirmed in writing by the Borrower if so requested by the Lender, shall be by (i) an Officer of the Borrower; or (ii) a person Person designated as the Borrower’s agent by an Officer of the Borrower in a writing delivered to the Lender; or (iii) a person Person whom the Lender reasonably believes to be an Officer of the Borrower or such a designated agent. The Borrower shall repay all Advances even if the Lender does not receive such confirmation and even if the person Person requesting an Advance was not in fact authorized to do so. Any request for an Advance, whether written or telephonic, shall be deemed to be a representation by the Borrower that the conditions set forth in Section 4.2 have been satisfied as of the time of the request.

Appears in 1 contract

Samples: Credit and Security Agreement (Provena Foods Inc)

Time for Requests. The Borrower shall request each Advance so that Lender receives it not later than 11:00 a.m., Minneapolis, Minnesota time the Cut-off Time on the Banking Business Day on which is the date the Advance is to be made. Each such request that conforms to the terms of this Agreement shall be effective upon receipt by the Lender, shall be in writing or by telephone or telecopy transmission, to and shall be confirmed in writing by the Borrower if so requested by the Lender, shall be by (i) an Officer of the Borrower; or (ii) a person Person designated as the Borrower’s agent by an Officer of the Borrower in a writing delivered to the Lender; or (iii) a person Person whom the Lender reasonably believes to be an Officer of the Borrower or such a designated agent. The Borrower shall repay all Advances even if the Lender does not receive such confirmation and even if the person Person requesting an Advance was not in fact authorized to do so. Any request for an Advance, whether written or telephonic, shall be deemed to be a representation by the Borrower that the conditions set forth in Section 4.2 have been satisfied as of the time of the request.

Appears in 1 contract

Samples: Credit and Security Agreement (Delphax Technologies Inc)

Time for Requests. The Borrower Borrowers shall request each Advance not later than 11:00 a.m., Minneapolis, Minnesota time the Cut-off Time on the Banking Business Day on which is the date the Advance is to be made. Each such request that conforms to the terms of this Agreement shall be effective upon receipt by the Lender, shall be in writing or by telephone or telecopy transmission, to and shall be confirmed in writing by the Borrower Borrowers if so requested by the Lender, shall be by (i) an Officer of the any Borrower; or (ii) a person designated as the any Borrower’s agent by an Officer of the such Borrower in a writing delivered to the Lender; or (iii) a person whom the Lender reasonably believes to be an Officer of the Borrower or such a designated agent. The Borrower Borrowers shall repay all Advances even if the Lender does not receive such confirmation and even if the person requesting an Advance was not in fact authorized to do so. Any request for an Advance, whether written or telephonic, shall be deemed to be a representation by the Borrower Borrowers that the conditions set forth in Section 4.2 have been satisfied as of the time of the request.

Appears in 1 contract

Samples: Credit and Security Agreement (Orion Energy Systems, Inc.)

Time for Requests. The Borrower shall request each Advance not later than 11:00 a.m., Minneapolis, Minnesota time on the Banking Day which is the date the Advance is to be made. Each such request shall be effective upon receipt by the Lender, shall be in writing or by telephone or telecopy transmission, to be confirmed in writing by the Borrower if so requested by the Lender, shall be by (i) an Officer of the Borrower; or (ii) a person designated as the Borrower’s 's agent by an Officer of the Borrower in a writing delivered to the Lender; or (iii) a person whom the Lender reasonably believes to be an Officer of the Borrower or such a designated agent. The Borrower shall repay all Advances even if the Lender does not receive such confirmation and even if the person requesting an Advance was not in fact authorized to do so. Any request for an Advance, whether written or telephonic, shall be deemed to be a representation by the Borrower that the conditions set forth in Section 4.2 have been satisfied as of the time of the request.

Appears in 1 contract

Samples: Credit and Security Agreement (2nd Swing Inc)

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