Common use of Form of Request Clause in Contracts

Form of Request. Whenever Borrower desires an Advance, Borrower will notify Bank by facsimile transmission or email no later than 3:00 p.m. Pacific time (1:00 p.m. Pacific time for wire transfers), on the Business Day that the Advance is to be made. Each such notification shall be promptly confirmed by a Loan Advance/Paydown Request Form in substantially the form of Exhibit B hereto. Bank is authorized to make Advances under this Agreement, based upon instructions received from a Responsible Officer or a designee of a Responsible Officer, or without instructions (but with notice to Borrower) if in Bank’s discretion such Advances are necessary to meet Obligations which have become due and remain unpaid. Bank shall be entitled to rely on any facsimile or email notice given by a person who Bank reasonably believes to be a Responsible Officer or a designee thereof, and Borrower shall indemnify and hold Bank harmless for any damages or loss suffered by Bank as a result of such reliance. Bank will credit the amount of Advances made under this Section 2.1(b) to Borrower’s deposit account.

Appears in 2 contracts

Samples: Loan and Security Agreement (Santarus Inc), Loan and Security Agreement (Santarus Inc)

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Form of Request. Whenever a Borrower desires an Advance, such Borrower will notify Bank by facsimile transmission or email telephone no later than 3:00 p.m. Pacific Central time (1:00 1:30 p.m. Pacific Central time for wire transfers), on the Business Day that the Advance is to be made. Each such notification shall be promptly confirmed by a Loan AdvancePayment/Paydown Request Advance Form in substantially the form of Exhibit B hereto. C. Bank is authorized to make Advances under this Agreement, based upon instructions received from a Responsible Officer of any one Borrower or a designee of a Responsible Officerthereof, or without instructions (but with notice to Borrower) if in Bank’s discretion such Advances are necessary to meet Obligations which have become due and remain unpaid. Bank shall be entitled to rely on any facsimile or email telephonic notice given by a person who Bank reasonably believes to be a Responsible Officer of any Borrower or a designee thereof, and Borrower Borrowers shall indemnify and hold Bank harmless for any damages or loss suffered by Bank as a result of such reliance. Bank will credit the amount of Advances made under this Section 2.1(b2.1(d) to any Borrower’s deposit account.

Appears in 2 contracts

Samples: Loan and Security Agreement (Upland Software, Inc.), Loan and Security Agreement (Upland Software, Inc.)

Form of Request. Whenever Borrower desires an Advance, Borrower will notify Bank by facsimile transmission or email telephone no later than 3:00 p.m. Pacific time (1:00 p.m. Pacific time for wire transfers), on the Business Day that the Advance is to be made. Each such notification shall be promptly confirmed by a Loan AdvancePayment/Paydown Request Advance Form in substantially the form of Exhibit B A hereto. Bank is authorized to make Advances under this Agreement, based upon instructions received from a Responsible Officer or a designee of a Responsible Officer, or without instructions (but with notice to Borrower) if in Bank’s 's reasonable discretion such Advances are necessary to meet Obligations which have become due and remain unpaidunpaid (provided Bank shall provide notice of the same to Borrower). Bank shall be entitled to rely on any facsimile or email telephonic notice given by a person who Bank reasonably believes to be a Responsible Officer or a designee thereof, and Borrower shall indemnify and hold Bank harmless for any damages or loss suffered by Bank as a result of such reliance, except for damages or losses caused by Bank's gross negligence and willful misconduct. Bank will credit the amount of Advances made under this Section 2.1(b) to Borrower’s 's deposit account.

Appears in 1 contract

Samples: Loan Agreement (Qad Inc)

Form of Request. Whenever a Borrower desires an AdvanceAdvance under the Revolving Domestic Line, such Borrower will notify Bank by facsimile transmission or email telephone no later than 3:00 p.m. Pacific time (1:00 p.m. Pacific time for wire transfers), on the Business Day that the Advance is to be made. Each such notification shall be promptly confirmed by a Loan AdvancePayment/Paydown Request Advance Form in substantially the form of Exhibit B hereto. C. Bank is authorized to make Advances under this Agreement, based upon instructions received from a Responsible Officer or a designee of a Responsible Officer, or without instructions (but with notice to Borrower) if in Bank’s discretion such Advances are necessary to meet Obligations which have become due and remain unpaid. Bank shall be entitled to rely on any facsimile or email telephonic notice given by a person who Bank reasonably believes to be a Responsible Officer or a designee thereof, and Borrower Borrowers shall indemnify and hold Bank harmless for any damages or loss suffered by Bank as a result of such reliance. Bank will credit the amount of Advances made under this Section 2.1(b) to such Borrower’s deposit accountaccount maintained at Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Proteinsimple)

Form of Request. Whenever Borrower desires an Advance, Borrower will notify Bank by facsimile transmission or email no later than 3:00 p.m. Pacific time (1:00 1:30 p.m. Pacific time for wire transfers), on the Business Day that the Advance is to be made. Each such notification shall be promptly confirmed by a Loan Advance/Paydown Request Form in substantially the form of Exhibit B hereto. Bank is authorized to make Advances under this Agreement, based upon instructions received from a Responsible Officer or a designee of a Responsible Officer, or without instructions (but with notice to Borrower) if in Bank’s discretion such Advances are necessary to meet Obligations which have become due and remain unpaid. Bank shall be entitled to rely on any facsimile or email notice given by a person who Bank reasonably believes to be a Responsible Officer or a designee thereof, and Borrower shall indemnify and hold Bank harmless for any damages or loss suffered by Bank as a result of such reliance. Bank will credit the amount of Advances made under this Section 2.1(b) to Borrower’s deposit account.

Appears in 1 contract

Samples: Loan and Security Agreement (Somaxon Pharmaceuticals, Inc.)

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Form of Request. Whenever Borrower desires an Borrowers desire a Non-Formula Advance, Borrower Borrowers will notify Bank by facsimile transmission or email telephone no later than 3:00 p.m. Pacific time (1:00 12:00 p.m. Pacific time for wire transfers), on the Business Day that the Non-Formula Advance is to be made. Each such notification shall be promptly confirmed by a Loan AdvancePayment/Paydown Request Advance Form in substantially the form of Exhibit B hereto. C. Bank is authorized to make Non-Formula Advances under this Agreement, based upon instructions received from a Responsible Officer or a designee of a Responsible Officer, or without instructions (but with notice to Borrower) if in Bank’s discretion such Non-Formula Advances are necessary to meet Obligations which have become due and remain unpaid. Bank shall be entitled to rely on any facsimile or email telephonic notice given by a person who Bank reasonably believes to be a Responsible Officer or a designee thereof, and Borrower Borrowers shall indemnify and hold Bank harmless for any damages or loss suffered by Bank as a result of such reliance. Bank will credit the amount of Non-Formula Advances made under this Section 2.1(b2.1(c) to Borrower’s Borrowers’ deposit account.

Appears in 1 contract

Samples: Loan and Security Agreement (Lyris, Inc.)

Form of Request. Whenever Borrower desires an Advance, Borrower will notify Bank by facsimile transmission or email telephone no later than 3:00 p.m. Pacific time (1:00 p.m. Pacific time for wire transfers)10:00 a.m. California time, on the Business Day prior to the date that that the Advance is to be made. Each such notification shall be promptly confirmed by a Loan Advance/Paydown Request Form form in substantially the form of Exhibit B hereto, and a Request for Advance in the form attached to the LIBOR Addendum to Loan and Security Agreement. Bank is authorized to make Advances under this Agreement, based upon instructions received from a Responsible Officer or a designee of a Responsible Officer, or without instructions (but with notice to Borrower) if in Bank’s discretion such Advances are necessary to meet Obligations which have become due and remain unpaid. Bank shall be entitled to rely on any facsimile or email telephonic notice given by a person who Bank reasonably believes to be a Responsible Officer or a designee thereof, and Borrower shall indemnify and hold Bank harmless for any damages or loss suffered by Bank as a result of such reliance. Bank will credit the amount of Advances made under this Section 2.1(b) to Borrower’s deposit account.

Appears in 1 contract

Samples: Loan and Security Agreement (Legalzoom Com Inc)

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