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 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 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, which confirmation shall specify whether the Advance shall be a Floating Rate Advance or a LIBOR Advance and, with respect to any LIBOR Advance, shall specify the principal amount of the LIBOR Advance and the Interest Period applicable thereto. 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 (Rf Monolithics Inc /De/), Credit and Security Agreement     by And (Qsgi Inc.)

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Time for Requests. The Borrower shall request each Advance not later than the Cut-off 11:00 a.m. Eastern Standard Time on the Business third Banking Day immediately preceding prior to the Business Day on 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, transmission and shall be confirmed substantially in the form of Exhibit A unless the Lender and the Borrower shall agree in writing by the Borrower if so requested by the Lenderto any other form, 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 person whom the Lender reasonably believes to be an Officer of the Borrower or such a designated agent, which confirmation shall specify whether the Advance shall be a Floating Rate Advance or a LIBOR Advance and, with respect to any LIBOR Advance, shall specify the principal amount of the LIBOR Advance and the Interest Period applicable thereto. 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 4.1 have been satisfied as of the time of the request, and shall be accompanied by the documents referred to in Section 4.2.

Appears in 2 contracts

Samples: Britesmile Inc, Britesmile Inc

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 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 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, which confirmation shall specify whether the Advance shall be a Floating Rate Advance or a LIBOR Advance and, with respect to any LIBOR Advance, shall specify the principal amount of the LIBOR Advance and the Interest Period applicable thereto. 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 shall request each Advance not later than the Cut-off Time on the Business Day immediately preceding on which the Advance is to be made; provided, that if no Obligations remain outstanding at the time of such request and the funds in any Lockbox are being credited directly to Borrower as set forth in Section 2.9(b), Borrower shall use its best efforts to make such request by no later than two (2) weeks prior to 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 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, which confirmation shall specify whether the Advance shall be a Floating Rate Advance or a LIBOR Advance and, with respect to any LIBOR Advance, shall specify the principal amount of the LIBOR Advance and the Interest Period applicable thereto. 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 (Staar Surgical Co)

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 immediately preceding which is the Business Day on which 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 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, which confirmation shall specify whether the Advance shall be a Floating Rate Advance or a LIBOR Advance and, with respect to any LIBOR Advance, shall specify the principal amount of the LIBOR Advance and the Interest Period applicable thereto. 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: Security Agreement and Fixture Filing (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 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 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, which confirmation shall specify whether the Advance shall be a Floating Rate Advance or a LIBOR Advance and, with respect to any LIBOR Advance, shall specify the principal amount of the LIBOR Advance and the Interest Period applicable thereto. 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 so that it is received by Lender 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 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, which confirmation shall specify whether the Advance shall be a Floating Rate Advance or a LIBOR Advance and, with respect to any LIBOR Advance, shall specify the principal amount of the LIBOR Advance and the Interest Period applicable thereto. 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 (Seaway Valley Capital Corp)

Time for Requests. The Borrower shall request each Advance not later than the Cut-off Time 10:00 a.m., Pacific time (or 9:00 a.m., Pacific time, on the Business last Banking Day immediately preceding of each month, on Christmas eve, and on New Years eve) 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 Lender (in the Lenderform of Exhibit E), 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, which confirmation shall specify whether the Advance shall be a Floating Rate Advance or a LIBOR Advance and, with respect to any LIBOR Advance, shall specify the principal amount of the LIBOR Advance and the Interest Period applicable thereto. 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 (Landec Corp \Ca\)

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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 immediately preceding which is the Business Day on which 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 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, which confirmation shall specify whether the Advance shall be a Floating Rate Advance or a LIBOR Advance and, with respect to any LIBOR Advance, shall specify the principal amount of the LIBOR Advance and the Interest Period applicable thereto. 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: And Security Agreement (Hc2 Holdings, Inc.)

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 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 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, which confirmation shall specify whether the Advance shall be a Floating Rate Advance or a LIBOR Advance and, with respect to any LIBOR Advance, shall specify the principal amount of the LIBOR Advance and the Interest Period applicable thereto. 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 Parent Borrower shall request each Advance not later than the Cut-off Time 11:00 a.m., Dallas, Texas time on the Business Banking Day immediately preceding which, in the Business Day on which case of a Floating Rate Advance, is the date the Advance is to be made, and in the case of a LIBO Rate Advance, is at least three (3) Banking Days before 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 Parent Borrower if so requested by the LenderLender (in the form of Exhibit D), shall be by (i) an Officer of the Parent Borrower; or (ii) a Person person designated as the Parent Borrower’s 's agent by an Officer of the Parent Borrower in a writing delivered to the Lender; or (iii) a Person person whom the Lender reasonably believes to be an Officer of the Parent Borrower or such a designated agent, which confirmation and shall specify whether the Advance shall be a Floating Rate Advance or a LIBOR LIBO Rate Advance and, with respect to any LIBOR and in the case of a LIBO Rate Advance, shall specify the principal amount of the LIBOR Advance and the Interest Period to be applicable thereto. The Parent 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 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 (Leather Factory Inc)

Time for Requests. The Borrower shall request each Revolving Advance not later than the Cut-off Time 10:00 a.m., Denver, Colorado time on the Business Banking Day immediately preceding which is the Business Day on which 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 transmission, and shall 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 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, which confirmation shall specify whether the Advance shall be a Floating Rate Advance or a LIBOR Advance and, with respect to any LIBOR Advance, shall specify the principal amount of the LIBOR Advance and the Interest Period applicable thereto. 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 (Dynamic Materials Corp)

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 (in the form of a Notice of Borrowing as set forth in Exhibit F hereto) by the Borrower if so requested by the Lender, 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, which confirmation shall specify whether the Advance shall be a Floating Rate Advance or a LIBOR Advance and, with respect to any LIBOR Advance, shall specify the principal amount of the LIBOR Advance and the Interest Period applicable thereto. 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 (Waters Instruments Inc)

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