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. Eastern Standard Time on the third Banking Day prior to the 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 telecopy transmission and shall be substantially in the form of Exhibit A1 or Exhibit A2 (as required and applicable under section 2.9) unless the Lender and the Borrower shall agree in writing to any other form, 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 4.1 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 1 contract

Samples: Britesmile Inc

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Time for Requests. The Borrower shall request each Advance not later than 11:00 a.m. Eastern Standard Time 10:00 a.m., Pacific time (or 9:00 a.m., Pacific time, on the third last Banking Day prior to of each month, on Christmas eve and on New Years eve) on the day 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, telecopy transmission and shall or email, to be substantially confirmed in writing by Borrower if so requested by Lender (in the form of Exhibit A1 or Exhibit A2 (as required and applicable under section 2.9) unless the Lender and the Borrower shall agree in writing to any other formE), 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 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 4.1 4.2 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 1 contract

Samples: Credit and Security Agreement (Landec Corp \Ca\)

Time for Requests. The Borrower shall request each Advance not later than 11:00 a.m. Eastern Standard Time 10:00 a.m., Pacific time (or 9:00 a.m., Pacific time, on the third last Banking Day prior to of each month, on Christmas eve, and on New Years Eve) on the day 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, telecopy transmission and shall or email, to be substantially confirmed in the form of Exhibit A1 or Exhibit A2 (as required and applicable under section 2.9) unless the Lender and writing by the Borrower shall agree in writing to any other formif 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 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 4.1 4.2 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 1 contract

Samples: Credit and Security Agreement (International Displayworks Inc)

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Time for Requests. The Borrower Borrower-Agent shall request each Advance not later than 11:00 a.m. Eastern Standard Time a.m., Minneapolis, Minnesota time on the third Banking Day prior to the 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 and shall transmission, to be substantially confirmed in writing by the Borrower-Agent if so requested by the Lender (in the form of Exhibit A1 or Exhibit A2 (as required and applicable under section 2.9) unless the Lender and the Borrower shall agree in writing to any other formD), shall be by (i) an Officer of the Borrower-Agent; or (ii) --------- a Person person designated as the Borrower-Agent's agent by an Officer of the Borrower Borrower-Agent in a writing delivered to the Lender; or (iii) a person whom the Lender reasonably believes to be an Officer of the Borrower Borrower-Agent 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 4.1 4.2 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 1 contract

Samples: Credit and Security Agreement (Primesource Healthcare Inc)

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