TELEPHONE REQUEST. The following person is authorized to request the loan payment transfer/loan advance on the advance designated account and is known to me. Authorized Requester Phone # Received By (Bank) Phone # Authorized Signature (Bank) EXHIBIT C COMPLIANCE CERTIFICATE TO: SILICON VALLEY BANK FROM: HEARME The undersigned authorized officer of HEARME certifies that under the terms and conditions of the Loan and Security Agreement between Borrower and Bank (the Agreement ), (i) Borrower is in complete compliance for the period ending _______________ with all required covenants except as noted below and (ii) all representations and warranties in the Agreement are true and correct in all material respects on this date. Attached are the required documents supporting the certification. The Officer certifies that these are prepared in accordance with Generally Accepted Accounting Principles (GAAP) consistently applied from one period to the next except as explained in an accompanying letter or footnotes. The Officer acknowledges that no borrowings may be requested at any time or date of determination that Borrower is not in compliance with any of the terms of the Agreement, and that compliance is determined not just at the date this certificate is delivered . Please indicate compliance status by circling Yes/No under Complies column. Reporting Covenant Required Complies Quarterly financial statements1 Quarterly within 45 days1 Yes No Annual (CPA Audited) FYE within 90 days Yes No 10-Q, 10K and 8-K Within 5 days after filing with SEC Yes No Financial Covenant Required Actual Complies Maintain on a Quarterly Basis: Minimum Quick Ratio 1.75:1.002 _____:1.00 Yes No Minimum Revenue 3 $_____ Yes No Profitability Quarterly 4 $___________ Yes No 1 Monthly when unrestricted cash is less than $25,000,000. 2 Monthly when unrestricted cash is less than $25,000,000. 3 Greater than previous quarter, except decline permitted for Q499 to Q100. 4 Quarterly loss not to exceed: 6/30/00 ($12,500,000) 9/30/00 ($12,000,000) 12/31/00 ($11,500,000) 3/31/01 ($11,000,000) Comments Regarding Exceptions: See Attached. BANK USE ONLY Received by: Sincerely, AUTHORIZED SIGNER Date: Verified: SIGNATURE AUTHORIZED SIGNER Date: TITLE Compliance Status Yes No DATE
TELEPHONE REQUEST. The following person is authorized to request the loan payment transfer/loan advance on the advance designated account and is known to me. ------------------------------------------ --------------------------------- Authorized Requester Phone # ------------------------------------------ --------------------------------- Received By (Bank) Phone # ------------------------------------------ Authorized Signature (Bank) EXHIBIT D BORROWING BASE CERTIFICATE ________________________________________________________________________________ Borrower: ServiceWare Technologies, Inc. Lender: Comerica Bank - California Commitment Amount: $2,000,000 ________________________________________________________________________________ ACCOUNTS RECEIVABLE
TELEPHONE REQUEST. The following person is authorized to request the loan payment transfer/loan advance on the advance designated account and is known to me. ______________________________________ _________________________________ Authorized Requester Phone # ______________________________________ _________________________________ Received By (Bank) Phone # ___________________________________________________________ Authorized Signature (Bank) EXHIBIT C COMPLIANCE CERTIFICATE TO: SILICON VALLEY BANK 0000 Xxxxxx Xxxxx Xxxxx Xxxxx, Xxxxxxxxxx 00000 FROM: VITRIA TECHNOLOGY, INC. 000 Xxxxxxx Xxxxx Sunnyvale, California 94086 The undersigned authorized officer of Vitria Technology, Inc. ("Borrower") certifies that under the terms and conditions of the Loan and Security Agreement between Borrower and Bank (the "Agreement"), (i) Borrower is in complete compliance for the period ending _______________ with all required covenants except as noted below and (ii) all representations and warranties in the Agreement are true and correct in all material respects on this date. Attached are the required documents supporting the certification. The Officer certifies that these are prepared in accordance with Generally Accepted Accounting Principles (GAAP) consistently applied from one period to the next except as explained in an accompanying letter or footnotes. The Officer acknowledges that no borrowings may be requested at any time or date of determination that Borrower is not in compliance with any of the terms of the Agreement, and that compliance is determined not just at the date this certificate is delivered. Please indicate compliance status by circling Yes/No under "Complies" column. -------------------------------------------------------------------------------- Reporting Covenant Required Complies ------------------ -------- -------- -------------------------------------------------------------------------------- Bank Statements Monthly within 15 days Yes No -------------------------------------------------------------------------------- Annual (Audited) FYE within 120 days Yes No -------------------------------------------------------------------------------- 10-Q Within 45 days Yes No -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- Financial Covenant Required Actual Complies ------------------ -------- ------ -------- ---------------------------------------------------...
TELEPHONE REQUEST. The following person is authorized to request the loan payment transfer/loan advance on the advance designated account and is known to me. Authorized Requester Phone # Received By (Bank) Phone # Authorized Signature (Bank) Exhibit C – Comerica Bank Itemization of Amount Financed Disbursements Instructions Name(s): [NAME OF BORROWER(S)] Date: $ credited to deposit account No. when Advances are requested or disbursed to Borrower by cheque or wire transfer Amounts paid to others on your behalf: $ to Comerica Bank counsel fees and expenses $ to Comerica Bank for closing fee $ to $ TOTAL (AMOUNT FINANCED) Upon consummation of this transaction, this document will also serve as the authorization for COMERICA BANK to disburse the loan proceeds as stated above. [NAME OF BORROWER(S)] By: Name: — Title: — Exhibit D – Compliance Certificate Please send all Required Reporting to: Comerica Bank Technology & Life Sciences Division Suite 2210, South Tower Royal Xxxx Xxxxx, X.X. Xxx 00 Xxxxxxx, Xxxxxxx X0X 0X0 Attention: Xxxxxx X. Xxxxx, Vice President Facsimile: (000) 000-0000 FROM: PointClickCare Corp., Wescom Solutions Inc., Meal Metrics Inc., Wescom Solutions, Corp., Wescom Healthcare Solutions Corp., Accu-Med Services LLC (“Borrowers” The undersigned authorized Officer of Borrowers, hereby certifies that in accordance with the terms and conditions of the Loan Agreement among Borrowers and Bank (the “Agreement”), (i) Borrowers are in complete compliance for the period ending with all required covenants, including without limitation the ongoing registration of intellectual property rights in accordance with Section 6.8, except as noted below and (ii) all representations and warranties of Borrowers stated in the Agreement are true and correct in all material respects as of the date hereof. Attached herewith are the required documents supporting the above certification. The Officer further certifies that these are prepared in accordance with Generally Accepted Accounting Principles (GAAP) and are consistently applied from one period to the next except as explained in an accompanying letter or footnotes. Please indicate compliance status by circling Yes/No under “Complies” or “Applicable” column. REPORTING COVENANTS REQUIRED COMPLIES Company Prepared F/S Monthly, within 45 days YES NO Compliance Certificate Monthly, within 45 days YES NO CPA Audits, Unqualified F/S Annually, within 150 days of FYE YES NO Borrowing Base Cert., A/R, A/P Agings and Eligible Recurring Revenue ...
TELEPHONE REQUEST. The following person is authorized to request the loan payment transfer/loan advance on the advance designated account and is known to me.
TELEPHONE REQUEST. The following person is authorized to request the loan payment transfer/loan advance on the advance designated account and is known to me. ------------------------------ ------------------------------ Authorized Requester Phone # ------------------------------ ------------------------------ Received By (Bank) Phone # Authorized Signature (Bank) EXHIBIT C BORROWING BASE CERTIFICATE Borrower: Silicon Valley Internet Partners Lender: Venture Banking Group Commitment Amount: $5,000,000 ACCOUNTS RECEIVABLE 1. Accounts Receivable Book Value as of____ $__________ 2. Additions (please explain on reverse) $__________ 3. TOTAL ACCOUNTS RECEIVABLE $__________ ACCOUNTS RECEIVABLE DEDUCTIONS (without duplication) 4. Amounts over 90 days due* $__________ 5. Balance of 50% over 90 day accounts* $__________ 6. Concentration Limits $__________ 7. Foreign Accounts $__________ 8. Governmental Accounts $__________ 9. Contra Accounts $__________ 10. Promotion or Demo Accounts $__________ 11. Intercompany/Employee Accounts $__________ 12. Other (please explain on reverse) $__________ 13. TOTAL ACCOUNTS RECEIVABLE DEDUCTIONS $__________ 14. Eligible Accounts (#3 minus #13) $__________ 15. LOAN VALUE OF ACCOUNTS (80% of #14) $__________
TELEPHONE REQUEST. The following person is authorized to request the loan payment transfer/loan advance on the advance designated account and is known to me. Authorized Requester: ____________________________ Authorized Signature (Bank) Phone # _______________________ 36 BORROWING BASE CERTIFICATE EXHIBIT C TO: SILICON VALLEY BANK FROM: HARMONIC LIGHTWAVES, INC. ("Borrower") Commitment Amount: $ ACCOUNTS RECEIVABLE
TELEPHONE REQUEST. The following person is authorized to request the loan payment transfer/loan advance on the advance designated account and is known to me. Authorized Requester Phone # Received By (Bank) Phone # Authorized Signature (Bank) EXHIBIT C BORROWING BASE CERTIFICATE Borrower: CHIPX, INCORPORATED Lender: Bridge Bank, N.A Commitment Amount: $2,000,000 ACCOUNTS RECEIVABLE
TELEPHONE REQUEST. Requesting a credit advance from your Ready Reserve Credit Line to be applied to your designated account by telephone. Except for transactions covered by the federal Electronic Fund Transfers Act and unless otherwise agreed in your deposit account agreement, you acknowledge and you agree that we do not accept responsibility for the authenticity of telephone instructions and that we will not be liable for any loss, expense, or cost arising out of any telephone request, including any fraudulent or unauthorized telephone request, when acting upon such instructions believed to be genuine.
TELEPHONE REQUEST. The following person is authorized to request the loan payment transfer/loan advance on the advance designated account and is known to me. Authorized Requester Phone # Received By (Bank) Phone # Authorized Signature (Bank) EXHIBIT C COMPLIANCE CERTIFICATE TO: SILICON VALLEY BANK FROM: The undersigned authorized officer of certifies that under the terms and conditions of the Loan and Security Agreement between Borrower and Bank (the "Agreement"), (i) Borrower is in complete compliance for the period ending with all required covenants except as noted below and (ii) all representations and warranties in the Agreement are true and correct in all material respects on this date. Attached are the required documents supporting the certification. The Officer certifies that these are prepared in accordance with Generally Accepted Accounting Principles (GAAP) consistently applied from one period to the next except as explained in an accompanying letter or footnotes. The Officer acknowledges that no borrowings may be requested at any time or date of determination that Borrower is not in compliance with any of the terms of the Agreement, and that compliance is determined not just at the date this certificate is delivered. Please indicate compliance status by circling Yes/No under "Complies" column. Reporting Covenant Required Complies 10-Q Quarterly within 45 days Yes No Annual (CPA Audited) FYE within 90 days Yes No 10-K and 8-K Within 5 days after filing with SEC Yes No Financial Covenant Required Actual
