Common use of Authorization to Make Loans Clause in Contracts

Authorization to Make Loans. (a) Lender is authorized to make the Loans and provide the Letter of Credit Accommodations based upon telephonic or other instructions received from anyone purporting to be an officer of any Borrower or other authorized person or, at the discretion of Lender, if such Loans are necessary to satisfy any Obligations. All requests for Loans or Letter of Credit Accommodations hereunder shall specify the date on which the requested advance is to be made or Letter of Credit Accommodations established (which day shall be a Business Day) and the amount of the requested Loan. Requests received after 9:30 a.m. Los Angeles, California time on any day shall be deemed to have been made as of the opening of business on the immediately following Business Day. All Loans and Letter of Credit Accommodations under this Agreement shall be conclusively presumed to have been made to, and at the request of and for the benefit of, Borrowers when deposited to the credit of any Borrower or otherwise disbursed or established in accordance with the instructions of Borrowers or in accordance with the terms and conditions of this Agreement. (b) All Loans provided to Borrowers shall be in or denominated in either Canadian Dollars or U.S. Dollars as Borrowers may specify, except as Lender may otherwise specifically agree in writing and shall be disbursed only to bank accounts in Canada. Set forth on Schedule 8.10 to the Information Certificates are the bank accounts of each Borrower used by such Borrower for making payments of its Indebtedness and other obligations to which, as of the date hereof, proceeds of Loans may be disbursed.

Appears in 1 contract

Sources: Loan and Security Agreement (Guess Inc Et Al/Ca/)

Authorization to Make Loans. (a) Agent and each Lender is authorized to make the Loans and provide the Letter of Credit Accommodations based upon telephonic or other instructions received from anyone purporting to be an officer any of the persons listed on Schedule 6.6 hereto or such other persons as any Borrower or other Guarantor may at any time and from time to time designate in writing to Agent or any Lender to be authorized person to request Loans or Letter of Credit Accommodations or, at the discretion of Agent or any Lender, if such Loans are necessary to satisfy any Obligations. All requests for Loans or Letter of Credit Accommodations hereunder shall specify the date on which the requested advance is to be made or Letter of Credit Accommodations established (which day shall be a Business DayDay and, as to Loans, may be the same day as the date the request for such Loan is deemed to be received by Agent pursuant to the terms hereof) and the amount of the requested Loan. Requests received after 9:30 11:00 a.m. Los Angeles, California Dallas time on any day shall be deemed to have been made as of the opening of business on the immediately following Business Day. All Loans and Letter of Credit Accommodations under this Agreement shall be conclusively presumed to have been made to, and at the request of and for the benefit of, Borrowers when deposited to the credit of any Borrower (or PAI) or otherwise disbursed or established in accordance with the instructions of Borrowers any Borrower (or PAI on its behalf) or in accordance with the terms and conditions of this Agreement. (b) . All Loans and Letter of Credit Accommodations provided to US Borrowers (or PAI on behalf of such Borrowers) shall be in or denominated in US Dollars and shall be disbursed only to bank accounts in the United States of America and all Loans or Letter of Credit Accommodations provided to Canadian Borrower (or PAI on behalf of Canadian Borrower) shall be in or denominated in either Canadian Dollars or U.S. US Dollars as Borrowers Canadian Borrower (or PAI as agent on behalf of Canadian Borrower) may specify, except as Canadian Lender may otherwise other specifically agree in writing and shall be disbursed only to bank accounts in Canada. Set forth on Schedule 8.10 to the Information Certificates are the bank accounts of each Borrower used by such Borrower for making payments of its Indebtedness and other obligations to which, as of the date hereof, proceeds of Loans may be disbursed.

Appears in 1 contract

Sources: Loan and Security Agreement (Pioneer Americas Inc /Tx)

Authorization to Make Loans. (a) Lender Agent is authorized to make the Loans and provide the Letter of Credit Accommodations Accommodations, for the account and risk of Lenders, based upon telephonic or other instructions received from anyone purporting to be an officer any of the persons listed on Schedule 6.7 hereto or such other persons as any Borrower or other Guarantor may at any time and from time to time designate in writing to Agent or any Lender to be authorized person to request Loans or Letter of Credit Accommodations or, at the discretion of Agent, or any Lender, if such Loans are necessary to satisfy any Obligations. All requests for Loans or Letter of Credit Accommodations hereunder shall specify the date on which the requested advance is to be made or Letter of Credit Accommodations established (which day shall be a Business DayDay and, as to Loans, may be the same day as the date the request for such Loan is deemed to be received by Agent pursuant to the terms hereof) and the amount of the requested Loan. Requests received after 9:30 11:00 a.m. Los Angeles, California Chicago time on any day shall be deemed to have been made as of the opening of business on the immediately following Business Day. All Loans and Letter of Credit Accommodations under this Agreement shall be conclusively presumed to have been made to, and at the request of and for the benefit of, Borrowers any Borrower or Guarantor when deposited to the credit of any Borrower or Guarantor or otherwise disbursed or established in accordance with the instructions of Borrowers any Borrower (or Huffy on behalf of such Borrower) or in accordance with the terms and conditions of this Agreement. (b) All Loans provided to Borrowers or for the benefit of a US Borrower shall be in or denominated in US Dollars and shall be disbursed only to bank accounts in the United States of America and all Loans provided to Canadian Borrower shall be in or denominated in either Canadian Dollars or U.S. US Dollars as Borrowers Huffy or Canadian Borrower may specify, except as Canadian Lender may otherwise specifically agree in writing writing, and shall be disbursed only to bank accounts in Canada. Set forth on Schedule 8.10 to the Information Certificates are the bank accounts of each Borrower used by such Borrower for making payments of its Indebtedness and other obligations to which, as of the date hereof, proceeds of Loans may be disbursed.

Appears in 1 contract

Sources: Loan and Security Agreement (Huffy Corp)

Authorization to Make Loans. (a) Lender is authorized to make the Loans and provide the Letter of Credit Accommodations based upon telephonic or other instructions received from anyone purporting to be an officer of any Borrower or other authorized person or, at the discretion of Lender, if such Loans are necessary to satisfy any ObligationsObligations then due and payable. All requests for Loans or Letter of Credit Accommodations hereunder shall specify specify: (i) the Borrower to whom such Loan is being made, (ii) the date on which the requested advance is to be made or Letter of Credit Accommodations established (which day shall be a Business Day) and (iii) the amount of the requested Loan. Requests received after 9:30 a.m. Los Angeles, California 12:30 p.m. New York City time on any day shall be deemed to have been made as of the opening of business on the immediately following Business Day. All Loans and Letter of Credit Accommodations under this Agreement shall be conclusively presumed to have been made to, and at the request of and for the benefit of, Borrowers of a Borrower when deposited to the credit bank account of any such Borrower as is specified by such Borrower in accordance with the terms hereof or otherwise disbursed or established in accordance with the instructions of Borrowers any Borrower or in accordance with the terms and conditions of this Agreement. (b) All Loans provided to Borrowers shall be in or denominated in either Canadian US Dollars or U.S. Dollars as Borrowers may specify, except as Lender may otherwise specifically agree in writing and shall be disbursed only to bank accounts in Canadathe United States of America. Set forth on Schedule 8.10 to the Information Certificates 6.6 hereof are the bank accounts of each Borrower used by such Borrower for making payments of its Indebtedness and other obligations to which, as of the date hereof, proceeds of Loans may be disbursed.

Appears in 1 contract

Sources: Loan and Security Agreement (Safety Components International Inc)

Authorization to Make Loans. (a) Lender is Agent and Lenders are authorized to make the Loans and provide the Letter of Credit Accommodations based upon telephonic or other instructions received from anyone purporting to be (and believed by Agent to be) an officer of any Borrower or other authorized person or, at the discretion of LenderAgent, if such Loans are necessary to satisfy any Obligations. All requests for Loans or Letter of Credit Accommodations hereunder shall specify the date on which the requested advance is to be made or Letter of Credit Accommodations established (which day shall be a Business Day) and the amount of the requested Loan. Requests received after 9:30 a.m. Los Angeles, California 12:00 noon Chicago time on any day shall be deemed to have been made as of the opening of business on the immediately following Business Day. All Loans and Letter of Credit Accommodations under this Agreement shall be conclusively presumed to have been made to, and at the request of and for the benefit of, Borrowers any Borrower when deposited to the credit of any Borrower or otherwise disbursed or established in accordance with the instructions of Borrowers Borrower or in accordance with the terms and conditions of this Agreement. (b) All Loans provided to Borrowers shall be in or denominated in either Canadian US Dollars or U.S. Dollars as Borrowers may specify, except as Lender may otherwise specifically agree in writing and shall be disbursed only to bank accounts in Canadathe United States of America. Set forth on Schedule 8.10 to the Information Certificates 6.6(b) hereof are the bank accounts of each Borrower used by such each Borrower for making payments of its Indebtedness and other obligations to which, as of the date hereof, proceeds of Loans may be disbursed.

Appears in 1 contract

Sources: Loan and Security Agreement (Haynes International Inc)

Authorization to Make Loans. (a) Lender is Agent and Lenders are authorized to make the Loans and provide the Letter of Credit Accommodations based upon telephonic or other instructions received from anyone purporting to be an officer of Administrative Borrower or any Borrower or other authorized person or, at the discretion of LenderAgent, if such Loans are necessary to satisfy any Obligations. All requests for Loans or Letter of Credit Accommodations hereunder shall specify the date on which the requested advance is to be made or Letter of Credit Accommodations established (which day shall be a Business Day) and the amount of the requested Loan. Requests received after 9:30 a.m. Los Angeles, California 12:00 p.m. New York City time on any day shall be deemed to have been made as of the opening of business on the immediately following Business Day. All Loans and Letter of Credit Accommodations under this Agreement shall be conclusively presumed to have been made to, and at the request of and for the benefit of, Borrowers any Borrower or Guarantor when deposited to the credit of any Borrower or Guarantor or otherwise disbursed or established in accordance with the instructions of Borrowers any Borrower or Guarantor or in accordance with the terms and conditions of this Agreement. (b) . All Loans provided to Borrowers and Letter of Credit Accommodations shall be in or denominated in either Canadian US Dollars or U.S. Dollars as Borrowers may specify, except as Lender may otherwise specifically agree in writing and shall be disbursed only to bank accounts in Canadathe United States of America. Set forth on Schedule 8.10 to the Information Certificates Certificate are the bank deposit accounts of each Borrower used by such Borrower for making payments of its Indebtedness and other obligations to which, as of the date hereof, proceeds of Loans may be disbursed.

Appears in 1 contract

Sources: Loan and Security Agreement (Pillowtex Corp)

Authorization to Make Loans. (a) Lender is Each Agent and Lenders are authorized to make the Loans and provide the Revolving Letter of Credit Accommodations based upon telephonic or other instructions received from anyone purporting to be an authorized officer of any Borrower Representative or other authorized person or, at the discretion of Lendersuch Agent, if such Loans are necessary to satisfy any Obligations. All requests for Loans or Revolving Letter of Credit Accommodations hereunder shall be made to the Revolving Administrative Agent and shall specify the date on which the requested advance is to be made or Revolving Letter of Credit Accommodations established (which day shall be a Business Day) and the amount of the requested Loan. Requests received after 9:30 a.m. Los Angeles12:00 noon Boston, California Massachusetts time on any day shall be deemed to have been made as of the opening of business on the immediately following Business Day. All Loans and Revolving Letter of Credit Accommodations under this Agreement shall be conclusively presumed to have been made to, and at the request of and for the benefit of, Borrowers Credit Parties when deposited to the credit of any Borrower Borrowers or otherwise disbursed or established in accordance with the instructions of Borrowers any Borrower or in accordance with the terms and conditions of this Agreement. (b) All Loans provided to US Borrowers shall be in or denominated in US Dollars and shall be disbursed only to bank accounts in the United States of America. All Loans provided to Canadian Borrowers shall be in or denominated in either Canadian Dollars or U.S. US Dollars as Canadian Borrowers may specify, except as Lender may otherwise specifically agree in writing specify and shall be disbursed only to bank accounts in Canada; provided, however, that in connection with any Loans denominated in Canadian Dollars, the Revolving Administrative Agent shall determine, in accordance with the Exchange Rate in effect on the date of the making of any such Loan, the US Dollar equivalent of such Loan (the “Dollar Equivalent Amount”). Set forth on Schedule 8.10 to the Information Certificates 6.5(b) are the bank accounts of each Borrower used by such Borrower for making payments of its Indebtedness and other obligations to which, as of the date hereof, proceeds of Loans may be disbursed.

Appears in 1 contract

Sources: Loan and Security Agreement (Clean Harbors Inc)

Authorization to Make Loans. (a) Lender is Agent and Lenders are authorized to make the Loans and provide the Letter of Credit Accommodations based upon telephonic or other instructions received from anyone purporting to be (and believed by Agent or Canadian Lender to be) an officer of any US Borrower or a Canadian Borrower or other authorized person or, at the discretion of LenderAgent, if such Loans are necessary to satisfy any Obligations. All requests for Loans or Letter of Credit Accommodations hereunder shall specify the date on which the requested advance is to be made or Letter of Credit Accommodations established (which day shall be a Business Day) and the amount of the requested Loan. Requests received after 9:30 a.m. Los Angeles, California 12:00 noon Chicago time on any day shall be deemed to have been made as of the opening of business on the immediately following Business Day. All Loans and Letter of Credit Accommodations under this Agreement shall be conclusively presumed to have been made to, and at the request of and for the benefit of, Borrowers any Borrower or Guarantor when deposited to the credit of any Borrower or Guarantor or otherwise disbursed or established in accordance with the instructions of Borrowers any Borrower or Guarantor or in accordance with the terms and conditions of this Agreement. (b) All Loans provided to US Borrower shall be in or denominated in US Dollars and shall be disbursed only to bank accounts in the United States of America and all Loans provided to Canadian Borrowers shall be in or denominated in either Canadian Dollars or U.S. US Dollars as Borrowers US Borrower or a Canadian Borrower may specify, except as Canadian Lender may otherwise specifically agree in writing and shall be disbursed only to bank accounts in Canada. Set forth on Schedule 8.10 to the Information Certificates Certificate are the bank accounts of each Borrower used by such Borrower for making payments of its Indebtedness and other obligations to which, as of the date hereof, proceeds of Loans may be disbursed.

Appears in 1 contract

Sources: Loan and Security Agreement (Hartmarx Corp/De)

Authorization to Make Loans. (a) Lender is Agent and Lenders are authorized to make the Loans and provide the Letter of Credit Accommodations based upon telephonic or other instructions received from anyone purporting to be an authorized officer of any Borrower Representative (as set forth in the Information Certificate) or other authorized person or, at the discretion of LenderAgent, if such Loans are necessary to satisfy any Obligations. All requests for Loans or Letter of Credit Accommodations hereunder shall be made to the Agent and shall specify the date on which the requested advance is to be made or Letter of Credit Accommodations established (which day shall be a Business Day) and the amount of the requested Loan. Requests received after 9:30 11:00 a.m. Los AngelesBoston, California Massachusetts time on any day shall be deemed to have been made as of the opening of business on the immediately following Business Day. All Loans and Letter of Credit Accommodations under this Agreement shall be conclusively presumed to have been made to, and at the request of and for the benefit of, Borrowers when deposited to the credit of any Borrower Borrowers or otherwise disbursed or established in accordance with the instructions of Borrowers or in accordance with the terms and conditions of this Agreement.; and (b) All Loans provided to US Borrowers shall be in or denominated in US Dollars and shall be disbursed only to bank accounts in the United States of America and all Loans provided to Canadian Borrowers shall be in or denominated in either Canadian Dollars or U.S. US Dollars as Canadian Borrowers may specify, except as Canadian Lender may otherwise specifically agree in writing and shall be disbursed only to bank accounts in Canada. Set forth on Schedule 8.10 to the Information Certificates are the bank accounts of each Borrower used by such Borrower for making payments of its Indebtedness and other obligations to which, as of the date hereof, proceeds of Loans may be disbursed.

Appears in 1 contract

Sources: Loan Agreement (Clean Harbors Inc)