Common use of Funds Transfer Services Clause in Contracts

Funds Transfer Services. (a) The Borrower acknowledges that the Lender has made available to it a description of security procedures regarding funds transfers executed by the Lender or an affiliate bank at the request of such Borrower (the "Security Procedures"). The Borrower and the Lender agree that the Security Procedures are commercially reasonable. The Borrower further acknowledges that the full scope of the Security Procedures which the Lender or such affiliate bank offers and strongly recommends for funds transfers is available only if the Borrower communicates directly with the Lender or such affiliate bank as applicable in accordance with said procedures. If the Borrower attempts to communicate by any other method or otherwise not in accordance with the Security Procedures, the Lender or such affiliate bank, as applicable, shall not be required to execute such instructions, but if the Lender or such affiliate bank, as applicable, does so, the Borrower will be deemed to have refused the Security Procedures that the Lender or such affiliate bank, as applicable, offers and strongly recommends, and the Borrower will be bound by any funds transfer, whether or not authorized, which is issued in the Borrower's name and accepted by the Lender or such affiliate bank, as applicable, in good faith. The Lender or such affiliate bank, as applicable, may modify the Security Procedures at such time or times and in such manner as the Lender or such affiliate bank, as applicable, in its sole discretion, deems appropriate to meet prevailing standards of good banking practice. By continuing to use the Lender's or such affiliate bank's, as applicable, wire transfer services after receipt of any modification of the Security Procedures, the Borrower agrees that the Security Procedures, as modified, are likewise commercially reasonable. The Borrower further agrees to establish and maintain procedures to safeguard the Security Procedures and any information related thereto.

Funds Transfer Services. (a) The Borrower acknowledges that the Lender Agent has made available to it the Borrower the Agent's Wire Transfer Procedures a copy of which is attached to this Agreement as EXHIBIT C and which includes a description of security procedures regarding funds transfers executed by the Lender Agent or an affiliate Affiliate bank at the request of such the Borrower (the "Security Procedures"). The Borrower and the Lender Agent agree that the Security Procedures are commercially reasonable. The Borrower further acknowledges that the full scope of the Security Procedures which the Lender Agent or such affiliate Affiliate bank offers and strongly recommends for funds transfers is available only if the Borrower communicates directly with the Lender Agent or such affiliate Affiliate bank as applicable in accordance with said procedures. If the Borrower attempts to communicate by any other method or otherwise not in accordance with the Security Procedures, the Lender Agent or such affiliate Affiliate bank, as applicable, shall not be required to execute such instructions, but if the Lender Agent or such affiliate Affiliate bank, as applicable, does so, the Borrower will be deemed to have refused the Security Procedures that the Lender Agent or such affiliate bank, Affiliate bank as applicable, applicable offers and strongly recommends, and the Borrower will be bound by any funds transfer, whether or not authorized, which is issued in the Borrower's name and accepted by the Lender Agent or such affiliate Affiliate bank, as applicable, in good faith. The Lender Agent or such affiliate Affiliate bank, as applicable, may modify Wire Transfer Procedures upon notice to the Borrower, including, without limitation, the Security Procedures at such time or times and in such manner as the Lender Agent or such affiliate Affiliate bank, as applicable, in its sole reasonable discretion, deems appropriate to meet prevailing standards of good banking practice. By continuing to use the LenderAgent's or such affiliate Affiliate bank's, as applicable, wire transfer services after receipt of any modification of the Wire Transfer procedures including, without limitation, the Security Procedures, the Borrower agrees that the Security Procedures, as modified, are likewise commercially reasonable. The Neither the Agent nor any Affiliate bank is responsible for detecting any error in payment order sent by the Borrower further agrees to establish and maintain procedures the Agent or any of the Lenders unless due to safeguard the Security Procedures and willful misconduct or gross negligence of the Agent or any information related theretosuch Affiliate bank.

Funds Transfer Services. (a) The Each Borrower acknowledges that the Lender has made available to it a description of security procedures regarding funds transfers executed by the Lender or an affiliate bank at the request of such Borrower (the "Security Procedures"). The Each Borrower and the Lender agree that the Security Procedures are commercially reasonable. The Each Borrower further acknowledges that the full scope of the Security Procedures which the Lender or such affiliate bank offers and strongly recommends for funds transfers is available only if the such Borrower communicates directly with the Lender or such affiliate bank as applicable in accordance with said procedures. If the either Borrower attempts to communicate by any other method or otherwise not in accordance with the Security Procedures, the Lender or such affiliate bank, as applicable, shall not be required to execute such instructions, but if the Lender or such affiliate bank, as applicable, does so, the such Borrower will be deemed to have refused the Security Procedures that the Lender or such affiliate bank, as applicable, offers and strongly recommends, and the such Borrower will be bound by any funds transfer, whether or not authorized, which is issued in the such Borrower's name and accepted by the Lender or such affiliate bank, as applicable, in good faith. The Lender or such affiliate bank, as applicable, may modify the Security Procedures at such time or times and in such manner as the Lender or such affiliate bank, as applicable, in its sole discretion, deems appropriate to meet prevailing standards of good banking practice. By continuing to use the Lender's or such affiliate bank's, as applicable, wire transfer services after receipt of any modification of the Security Procedures, the each Borrower agrees that the Security Procedures, as modified, are likewise commercially reasonable. The Each Borrower further agrees to establish and maintain procedures to safeguard the Security Procedures and any information related thereto.

Funds Transfer Services. (a) The Each Borrower acknowledges that the Lender Administrative Agent has made available to it the Borrowers Wire Transfer Procedures a copy of which is attached to this Agreement as EXHIBIT C and which include a description of security procedures regarding funds transfers executed by the Lender Administrative Agent or an affiliate Affiliate bank at the request of such Borrower the Borrowers (the "Security Procedures"). The Borrower Borrowers and the Lender Administrative Agent agree that the Security Procedures are commercially reasonable. The Each Borrower further acknowledges that the full scope of the Security Procedures which the Lender Administrative Agent or such affiliate Affiliate bank offers and strongly recommends for funds transfers is available only if the Borrower communicates Borrowers communicate directly with the Lender Administrative Agent or such affiliate Affiliate bank as applicable in accordance with said procedures. If the a Borrower attempts to communicate by any other method or otherwise not in accordance with the Security Procedures, the Lender Administrative Agent or such affiliate Affiliate bank, as applicable, shall not be required to execute such instructions, but if the Lender Administrative Agent or such affiliate Affiliate bank, as applicable, does so, the Borrower Borrowers will be deemed to have refused the Security Procedures that the Lender Administrative Agent or such affiliate bank, Affiliate bank as applicable, applicable offers and strongly recommends, and the Borrower Borrowers will be bound by any funds transfer, whether or not authorized, which is issued in the any Borrower's name and accepted by the Lender Administrative Agent or such affiliate Affiliate bank, as applicable, in good faith. The Lender Administrative Agent or such affiliate Affiliate bank, as applicable, may modify Wire Transfer Procedures including, without limitation, the Security Procedures at such time or times and in such manner as the Lender Administrative Agent or such affiliate Affiliate bank, as applicable, in its sole discretion, deems appropriate to meet prevailing standards of good banking practice. By continuing to use the LenderAdministrative Agent's or such affiliate Affiliate bank's, as applicable, wire transfer services after receipt of any modification of the Wire Transfer procedures including, without limitation, the Security Procedures, the each Borrower agrees that the Security Procedures, as modified, are likewise commercially reasonable. The Each Borrower further agrees to establish and maintain procedures to safeguard the Security Procedures and any information related thereto. Neither the Administrative Agent nor any Affiliate of the Administrative Agent is responsible for detecting any error in payment order sent by any Borrower to the Administrative Agent or any of the Lenders.

Funds Transfer Services. (a) The Borrower acknowledges that the Lender has made available to it as ANNEX B hereto a description of security procedures regarding funds transfers executed by the Lender or an affiliate bank at the request of such the Borrower (the "Security Procedures"SECURITY PROCEDURES). The Borrower and the Lender lender agree that the Security Procedures are commercially reasonable. The Borrower further acknowledges that the full scope of the Security Procedures which the Lender or such affiliate bank offers and strongly recommends for funds transfers is available only if the Borrower communicates directly with the Lender or such affiliate bank as applicable in accordance with said procedures. If the Borrower attempts to communicate by any other method or otherwise not in accordance with the Security Procedures, the Lender or such affiliate bank, as applicable, shall not be required to execute such instructions, but if the Lender or such affiliate bank, as applicable, does so, the Borrower will be deemed to have refused the Security Procedures that the Lender or such affiliate bank, bank as applicable, applicable offers and strongly recommends, and the Borrower will be bound by any funds transfer, whether or not authorized, which is issued in the Borrower's name and accepted by the Lender or such affiliate bank, as applicable, in good faith. The Lender or such affiliate bank, as applicable, may modify the Security Procedures at such time or times and in such manner as the Lender or such affiliate bank, as applicable, in its sole discretion, deems appropriate to meet prevailing standards of good banking practice. By continuing to use the Lender's or such affiliate bank's, as applicable, wire transfer services after receipt of any modification of the Security Procedures, the Borrower agrees that the Security Procedures, as modified, are likewise commercially reasonable. The Borrower further agrees to establish and maintain procedures to safeguard the Security Procedures and any information related thereto.

Funds Transfer Services. (a) The Borrower acknowledges that the Lender has made available to it a description of security procedures regarding funds transfers executed by the Lender or an affiliate bank at the request of such Borrower (the "Security Procedures"). The Borrower and the Lender agree that the Security Procedures are commercially reasonable. The Borrower further acknowledges that the full scope of the Security Procedures which the Lender or such affiliate bank offers and strongly recommends for funds transfers is available only if the Borrower communicates directly with the Lender or such affiliate bank as applicable in accordance with said procedures. If the Borrower attempts to communicate by any other method or otherwise not in accordance with the Security Procedures, the Lender or such affiliate bank, as applicable, shall not be required to execute such instructions, but if the Lender or such affiliate bank, as applicable, does so, the Borrower will be deemed to have refused the Security Procedures that the Lender or such affiliate bank, as applicable, offers and strongly recommends, and the Borrower will be bound by any funds transfer, whether or not authorized, which is issued in the Borrower's name and accepted by the Lender or such affiliate bank, as applicable, in good faith. The Lender or such affiliate bank, as applicable, may modify the Security Procedures at such time or times and in such manner as the Lender or such affiliate bank, as applicable, in its sole discretion, deems appropriate to meet prevailing standards of good banking practice. By continuing to use the Lender's or such affiliate bank's, as applicable, wire transfer services after receipt of notice of any modification of the Security Procedures, the Borrower agrees that the Security Procedures, as modified, are likewise commercially reasonable. The Borrower further agrees to establish and maintain procedures to safeguard the Security Procedures and any information related thereto.

Funds Transfer Services. (a) The Borrower acknowledges that the Lender has made available to it a description of security procedures regarding funds transfers executed by the Lender or an affiliate bank at the request of such Borrower (the "Security Procedures"). The Borrower and the Lender agree that the Security Procedures are commercially reasonable. The Borrower further acknowledges that the full scope of the Security Procedures which the Lender or such affiliate bank offers and strongly recommends for funds transfers is available only if the Borrower communicates directly with the Lender or such affiliate bank as applicable in accordance with said procedures. If the Borrower attempts to communicate by any other method or otherwise not in accordance with the Security Procedures, the Lender or such affiliate bank, as applicable, shall not be required to execute such instructions, but if the Lender or such affiliate bank, as applicable, does so, the Borrower will be deemed to have refused the Security Procedures that the Lender or such affiliate bank, as applicable, offers and strongly recommends, and the Borrower will be bound by any funds transfer, whether or not authorized, which is issued in the Borrower's name and accepted by the Lender or such affiliate bank, as applicable, in good faith. The Lender or such affiliate bank, as applicable, may modify the Security Procedures at such time or times and in such manner as the Lender or such affiliate bank, as applicable, in its sole discretion, deems appropriate to meet prevailing standards of good banking practice. By continuing to use the Lender's or such affiliate bank's, as applicable, . wire transfer services after receipt of any modification of the Security Procedures, the Borrower agrees that the Security Procedures, as modified, are likewise commercially reasonable. The Borrower further agrees to establish and maintain procedures to safeguard the Security Procedures and any information related thereto.

Funds Transfer Services. (a) The Borrower acknowledges Borrowers acknowledge that the Lender Administrative Agent has made available to it as Annex C hereto a description of security procedures regarding funds transfers executed by the Lender NationsBank or an affiliate Affiliated bank at the request of such Borrower the Borrowers (the "Security Procedures"). The Borrower Borrowers and the Lender Administrative Agent agree that the Security Procedures are commercially reasonable. The Borrower Borrowers further acknowledges acknowledge that the full scope of the Security Procedures which the Lender or such affiliate bank offers NationsBank and its Affiliated banks offer and strongly recommends recommend for funds transfers is available only if the Borrower communicates Borrowers communicate directly with the Lender NationsBank or such affiliate Affiliated bank as applicable in accordance with said procedures. If the Borrower attempts Borrowers attempt to communicate by any other method or otherwise not in accordance with the Security Procedures, the Lender NationsBank or such affiliate Affiliated bank, as applicable, shall not be required to execute such instructions, but if the Lender NationsBank or such affiliate Affiliated bank, as applicable, does so, the Borrower Borrowers will be deemed to have refused the Security Procedures that the Lender or such affiliate bank, as applicable, offers NationsBank and its Affiliated banks offer and strongly recommendsrecommend, and the Borrower Borrowers will be bound by any funds transfer, whether or not authorized, which is issued in the Borrower's name of the Borrowers (or any of them) and accepted by the Lender NationsBank or such affiliate Affiliated bank, as applicable, in good faith. The Lender NationsBank or such affiliate any Affiliated bank, as applicable, may modify the Security Procedures at such time or times and in such manner as the Lender NationsBank or such affiliate Affiliated bank, as applicable, in its sole discretion, deems appropriate to meet prevailing standards of good banking practice. By continuing to use the LenderNationsBank's or such affiliate Affiliated bank's, as applicable, wire transfer services after receipt of any modification of the Security Procedures, the Borrower agrees Borrowers agree that the Security Procedures, as modified, are likewise commercially reasonable. The Borrower Borrowers further agrees agree to establish and maintain procedures to safeguard the Security Procedures and any information related thereto.

Funds Transfer Services. (a) The Borrower acknowledges Borrowers have requested that the Lender has made and its Affiliates make available to it a description the Borrowers electronic funds transfer services and related security measures in connection with the Obligations. A copy of security procedures regarding the Lender's current Wire Transfer Procedures, including the Security Procedures, is attached to this Agreement as EXHIBIT C. Each Borrower --------- acknowledges and agrees that all electronic funds transfers executed made by the Lender or an affiliate bank at any Affiliate of the request of such Lender to, or for the account of, any Borrower (shall be governed by, and subject to, the "Wire Transfer Procedures and the Security Procedures")Procedures in effect from time to time. The Borrower Borrowers and the Lender agree that the current Wire Transfer Procedures and the Security Procedures are commercially reasonable. The Each Borrower further acknowledges and agrees, however, that the full scope of the Security Procedures which the Lender or such affiliate bank offers and its Affiliates offer and strongly recommends recommend for electronic funds transfers is available only if the Borrower Company communicates directly with the Lender or such affiliate bank its Affiliate, as applicable applicable, in accordance with said proceduresand as required by the Wire Transfer Procedures and the Security Procedures. If the Company or any Borrower attempts to communicate with the Lender or any Affiliate of the Lender by any other method or otherwise does not communicate with the Lender and/or its Affiliate, as appropriate, in accordance with the Wire Transfer Procedures and the Security Procedures, the Lender or such affiliate bankand/or its Affiliate, as applicable, shall not be required to execute the instructions of the Company or any such instructionsBorrower, but if the Lender or such affiliate bankAffiliate, as applicable, does so, the Borrower Borrowers will be deemed to have refused and waived the Security Procedures that the Lender or such affiliate bankits Affiliate, as applicable, offers and strongly recommends, and the Borrower Borrowers will be bound by any funds transfer, whether or not authorized, which is issued in the any Borrower's name and accepted by the Lender or such affiliate bankany Affiliate, as applicable, in good faith. The Lender or such affiliate bankits Affiliate, as applicable, may modify the Wire Transfer Procedures including, without limitation, the Security Procedures at such time or times and in such manner as the Lender or such affiliate bankand/or any Affiliate of the Lender, as applicable, in its or their sole and absolute discretion, deems appropriate to meet then prevailing standards of good banking practice. The Lender shall notify the Company of any material change or modification to the Wire Transfer Procedures and/or the Security Procedures. By continuing to use the Lender's or such affiliate bank's, as applicable, wire transfer services after receipt of the Lender and/or any Affiliate of the Lender following notice to the Company of any such change or modification of to the Wire Transfer Procedures and/or the Security Procedures, the Borrower agrees that Borrowers shall be deemed automatically to have agreed to the Wire Transfer Procedures and the Security Procedures, as changed and/or modified and to have further agreed that the Wire Transfer Procedures and the Security Procedures, as changed and/or modified, are likewise commercially reasonable. The Borrower Borrowers further agrees agree to establish and maintain procedures to safeguard the Security Procedures and any information related thereto. Neither the Lender nor any Affiliate of the Lender is responsible for detecting any error in any payment order sent by the Company to the Lender or any Affiliate of the Lender.

Funds Transfer Services. (a) The Borrower acknowledges that the Lender has made available to it as ANNEX B hereto a description of security procedures regarding funds transfers executed by the Lender or an affiliate bank at the request of such the Borrower (the "Security Procedures"). The Borrower and the Lender lender agree that the Security Procedures are commercially reasonable. The Borrower further acknowledges that the full scope of the Security Procedures which the Lender or such affiliate bank offers and strongly recommends for funds transfers is available only if the Borrower communicates directly with the Lender or such affiliate bank as applicable in accordance with said procedures. If the Borrower attempts to communicate by any other method or otherwise not in accordance with the Security Procedures, the Lender or such affiliate bank, as applicable, shall not be required to execute such instructions, but if the Lender or such affiliate bank, as applicable, does so, the Borrower will be deemed to have refused the Security Procedures that the Lender or such affiliate bank, bank as applicable, applicable offers and strongly recommends, and the Borrower will be bound by any funds transfer, whether or not authorized, which is issued in the Borrower's name and accepted by the Lender or such affiliate bank, as applicable, in good faith. The Lender or such affiliate bank, as applicable, may modify the Security Procedures at such time or times and in such manner as the Lender or such affiliate bank, as applicable, in its sole discretion, deems appropriate to meet prevailing standards of good banking practice. By continuing to use the Lender's or such affiliate bank's, as applicable, wire transfer services after receipt of any modification of the Security Procedures, the Borrower agrees that the Security Procedures, as modified, are likewise commercially reasonable. The Borrower further agrees to establish and maintain procedures to safeguard the Security Procedures and any information related thereto.