Common use of Time for Requests Clause in Contracts

Time for Requests. The Borrower shall request each Advance not later than the Cut-off Time on the Business Day on which the Advance is to be made. Each 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, and shall be confirmed in writing by the Borrower if so requested by the Lender, by (i) an Officer of any Borrower; or (ii) a Person designated as any 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 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 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)

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Time for Requests. The Borrower shall request each Advance not later than the Cut-off Time on the Business Day on which the Advance is to be made. Each 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, and shall be confirmed in writing by the Borrower if so requested by the Lender, by (i) an Officer of any the Borrower; or (ii) a Person designated as any 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 any 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 (Hei Inc), Credit and Security Agreement (Hei Inc)

Time for Requests. The Borrower Borrowers shall request each Advance not later than the Cut-off Time on the Business Day on which the Advance is to be made. Each 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, and shall be confirmed in writing by the Borrower Borrowers if so requested by the Lender, by (i) an Officer of any Borrowerthe Borrowers; or (ii) a Person designated as any Borrower’s the 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 any 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 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 the Cut-off Time on the Business Day on which the Advance is to be made. Each 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, and shall be confirmed in writing by the Borrower if so requested by the Lender, by (i) an Officer of any the Borrower; or (ii) a Person designated as any 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 any 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 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 (CPS Technologies Corp/De/)

Time for Requests. The Borrower shall request each Advance not later than the Cut-off Time 11:00 a.m., Minneapolis, Minnesota time on the Business Banking 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, and shall to be confirmed in writing by the Borrower if so requested by the Lender, shall be by (i) an Officer of any the Borrower; or (ii) a Person person designated as any 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 any 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 (Digital Angel Corp), Credit and Security Agreement (Digital Angel Corp)

Time for Requests. The Borrower shall request each Advance not later than the Cut-off Time 10:00 a.m., Pacific time on the Business Banking 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 telephone, telecopy transmission or telecopy transmissionemail, and shall 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 any the Borrower; or (ii) a Person person designated as any 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 any 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 (Pro Dex Inc), Credit and Security Agreement (Pro Dex Inc)

Time for Requests. The Such Borrower shall request each Advance not later than the Cut-off Time on the Business Day on which the Advance is to be made. Each 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, and shall be confirmed in writing by the such Borrower if so requested by the Lender, by (i) an Officer of any BorrowerAllis Chalmers; or (ii) a Person person designated as any such Borrower’s 's agent by an Officer of the Borrower Allis Chalmers in a writing delivered to the Lender; or (iii) a Person person whom the Lender reasonably believes to be an Officer of any 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 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: Credit and Security Agreement (Allis Chalmers Corp)

Time for Requests. The Borrower shall request each Advance not later than the Cut-off Time on the Business Day on which the Advance is to be made. Each 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, and shall be confirmed in writing by the Borrower if so requested by the Lender, by (i) an Officer of any the Borrower; or (ii) a Person person designated as any 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 any 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 (Exabyte Corp /De/)

Time for Requests. The Borrower Borrowers shall request each Advance not later than the Cut-off Time on the Business Day on which the Advance is to be made. Each 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, and shall be confirmed in writing by the each Borrower requesting such Advance if so requested by the Lender, by (i) an Officer of any Borrowereach Borrower requesting such Advance; or (ii) a Person designated as any such 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 any 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 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 Borrower shall request each Advance not later than the Cut-off Time on the Business Day on which the Advance is to be made. Each 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, and shall be confirmed in writing by the Borrower if so requested by the Lender, by (i) an Officer of any the Borrower; or (ii) a Person person designated as any 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 any 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 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 a.m., Phoenix, Arizona time (the "Cut-off Time Off Time") on the Business Banking 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, and shall to be confirmed in writing by the Borrower if so requested by the Lender, shall be by (i) an Officer of any the Borrower; or (ii) a Person person designated as any 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 any 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 (Hc2 Holdings, Inc.)

Time for Requests. The Borrower shall request each Advance so that Lender receives it not later than the Cut-off Time on the Business Day on which the Advance is to be made. Each 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, and shall be confirmed in writing by the Borrower if so requested by the Lender, by (i) an Officer of any the Borrower; or (ii) a Person designated as any 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 any 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 (Delphax Technologies Inc)

Time for Requests. The Borrower shall request each Advance not later than the Cut-off Time on the Business Day on which the Advance is to be made. Each 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, and shall be confirmed in writing by the Borrower if so requested by the Lender, by (i) an Officer of any the Borrower; or (ii) a Person designated as any 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 any 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 (Provena Foods Inc)

Time for Requests. The Borrower shall request each Advance not later than the Cut-off Time 2:00 p.m., Minneapolis, Minnesota time on the Business Banking Day on which 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, and shall to be confirmed in writing by the Borrower if so requested by the Lender, shall be by (i) an Officer of any the Borrower; or (ii) a Person person designated as any 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 any 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 (Nortech Systems Inc)

Time for Requests. The Borrower shall request each Advance not later than the Cut-off Time 10:30 a.m., Phoenix, Arizona time on the Business Banking 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, and shall to be confirmed in writing by the Borrower if so requested by the Lender, shall be by (i) an Officer of any the Borrower; or (ii) a Person person designated as any 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 any 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 (Bionova Holding Corp)

Time for Requests. The Borrower shall request each Advance not later than the Cut-off Time 11:00 a.m., Minneapolis, Minnesota time on the Business Banking 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, and shall to be confirmed in writing by the Borrower if so requested by the Lender, shall be by (i) an Officer of any the Borrower; or (ii) a Person person designated as any 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 any 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 (2nd Swing Inc)

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Time for Requests. The Borrower shall request each Advance so that it is received by Lender not later than the Cut-off Time on the Business Day on which the Advance is to be made. Each 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, and shall be confirmed in writing by the Borrower if so requested by the Lender, by (i) an Officer of any the Borrower; or (ii) a Person designated as any 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 any 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 (Digital Angel Corp)

Time for Requests. The Borrower Borrowers shall request each Advance not later than the Cut-off Time on the Business Day on which the Advance is to be made. Each 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, and shall be confirmed in writing by the Borrower Borrowers if so requested by the Lender, by (i) an Officer of any Borrowerthe Borrowers; or (ii) a Person designated as any Borrower’s the 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 any Borrower the 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 (Pacific Cma Inc)

Time for Requests. The Borrower shall request each Advance not later than the Cut-off Time 10:00 a.m., Pacific time on the Business Banking 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 telephone, telecopy transmission or telecopy transmissionemail, and shall to be confirmed in writing by the Borrower if so requested by the Lender, shall be by (i) an Officer of any the Borrower; or (ii) a Person person designated as any 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 any 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 (Corsair Components, Inc.)

Time for Requests. The Borrower Borrowers shall request each Advance not later than the Cut-off Time 10:00 a.m., Pacific time on the Business Banking 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 telephone, telecopy transmission or telecopy transmissionemail, and shall to be confirmed in writing by the Borrower Borrowers if so requested by the Lender, shall be by (i) an Officer of any Borrowerthe Borrowers; or (ii) a Person person designated as any Borrower’s the 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 any Borrower the 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 (Netlist Inc)

Time for Requests. The Borrower shall request each Advance not later than the Cut-off Time on the Business Day immediately preceding the Business Day on which the Advance is to be made. Each 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, and shall be confirmed in writing by the Borrower if so requested by the Lender, by (i) an Officer of any the Borrower; or (ii) a Person designated as any 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 any 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 (Newtek Business Services Inc)

Time for Requests. The Borrower shall request each Advance not later than 11:00 a.m., Phoenix, Arizona time (the Cut-off Time Off Time”) on the Business Banking 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, and shall to be confirmed in writing by the Borrower if so requested by the Lender, shall be by (i) an Officer of any the Borrower; or (ii) a Person person designated as any 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 any 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 (HC2 Holdings, Inc.)

Time for Requests. The Borrower shall request each Advance so that the Lender receives it not later than the Cut-off Time on the Business Day on which the Advance is to be made. Each 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, and shall be confirmed in writing by the Borrower if so requested by the Lender, by (i) an Officer of any the Borrower; or (ii) a Person designated as any 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 any 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 (Delphax Technologies Inc)

Time for Requests. The Borrower Borrowers shall request each Advance not later than the Cut-off Time on the Business Day on which the Advance is to be made. Each 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, and shall be confirmed in writing by the Borrower Borrowers if so requested by the Lender, by (i) an Officer of any Borrower; or (ii) a Person person designated as any 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 any 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 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 the Cut-off Time 11:30 a.m., Minneapolis, Minnesota time on the Business Banking 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, and shall to be confirmed in writing by the Borrower if so requested by the Lender, shall be by (i) an Officer of any the Borrower; or (ii) a Person person designated as any 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 any 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 (Pw Eagle Inc)

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