Common use of Loan Procedure Clause in Contracts

Loan Procedure. From time to time, during Business Hours on a Business Day (the “Request Day”), by email directed to ▇▇▇▇▇▇ Email, an Authorized Agent of Borrower may request a Loan (a “Lending Request”) of a specific amount of Digital Currency or USD. As part of its Lending Request, Borrower shall provide the following proposed terms: (i) type of Digital Currency (if applicable); (ii) the amount of Digital Currency or USD; (iii) whether the Loan is to be a Fixed Term Loan, a Term Loan with Prepayment Option, a Term Loan with Call Option or an Open Loan; (iv) the Loan Fee Percentage; (v) the Maturity Date, if any; (vi) the type or types of Collateral and amounts thereof, as applicable, proposed to be pledged; and (vii) the proposed Initial Collateral Percentage, Margin Requirement Percentage and Margin Release Percentage. If Lender agrees to make a Loan on the terms set forth in the Lending Request or as otherwise agreed between Borrower and Lender, Lender shall send Borrower a Loan Confirmation. The specific and final terms of a Loan shall be set forth in the Loan Confirmation. Following delivery of such Loan Confirmation, if Borrower does not provide notice to Lender (email sufficient) rejecting the relevant Loan within two (2) hours after the relevant Loan Confirmation was delivered, Borrower and Lender shall be deemed to have agreed to the terms (absent manifest error) in the Loan Confirmation. Promptly after such time, and after or simultaneously with Borrower’s delivery of sufficient Collateral (if applicable), Lender shall commence transmission to either (x) Borrower’s Digital Currency Address the amount of Digital Currency, or (y) Borrower’s bank account by bank wire the amount of USD, as applicable, set forth in the Loan Confirmation. Until Lender and Borrower have agreed (or have been deemed to agree) to the terms in a Loan Confirmation, neither party shall have any obligations to the other with respect to such particular Loan. In the event of a conflict of terms between this Agreement and a Loan Confirmation, the terms in the Loan Confirmation shall govern. If Lender transfers Loaned Assets to Borrower and Borrower does not transfer the Required Collateral Amount, Lender shall have the absolute right to the return of the Loaned Assets.

Appears in 4 contracts

Sources: Master Loan Agreement (Upexi, Inc.), Master Loan Agreement (Upexi, Inc.), Master Loan Agreement (MEI Pharma, Inc.)

Loan Procedure. From time to time(a) Whenever the Borrower desires a Loan, during Business Hours on a Business Day (the “Request Day”), by email directed to ▇▇▇▇▇▇ Email, an Authorized Agent of Borrower may request a Loan (a “Lending Request”) of a specific amount of Digital Currency or USD. As part of its Lending Request, Borrower shall provide deliver to the following proposed terms: Lender a Borrowing Certificate, signed by an authorized officer of the Borrower, and which has been approved in writing by the Completion Guarantor, no later than (i) type 11:00 a.m. (Pacific Time) one (1) Business Day before the requested funding date in the case of Digital Currency requests for Prime Rate Loans, or (if applicableii) 11:00 a.m. (Pacific Time) three (3) Business Days in advance of the requested funding date in the case of requests for LIBOR Loans; provided, however, the Lender shall have no obligation to make more than one (1) Loan in any four (4) Business Day period. (b) The Borrowing Certificate shall specify (i) the requested funding date (which shall be a Business Day); , (ii) the aggregate amount of Digital Currency or USD; the requested Loans, (iii) whether the Loan is Loans requested are to be Prime Rate Loans or LIBOR Loans, and (iv) if the requested Loans are to be LIBOR Loans, the requested Interest Period. Any Borrowing Certificate made pursuant to Subsection 2.2(a) hereof shall be irrevocable and the Borrower shall be bound to borrow the funds requested therein in accordance therewith. (c) The Lender shall make each such Loan available to the Borrower by wire transfer to the Production Bank Account specified in the Borrowing Certificate in the amount of such Loan in same day funds (except for any part thereof paid by the Lender to third Persons or to itself as permitted hereunder or under any of the Loan Documents). Notwithstanding anything to the contrary contained in this Agreement, the Lender shall not be required to purchase Dollar deposits in the London Interbank market or the applicable LIBOR market to fund any LIBOR Loans, and the provisions hereof shall be deemed to apply as if the Lender had purchased such deposits to fund the LIBOR Loans. (d) Subject to the terms of this Agreement, the Lender shall be obligated to make Loans hereunder, only for the following purposes and in the following amounts, all in connection with the acquisition, production, completion, and distribution of Season Two, and effecting Delivery to Netflix, and the proceeds thereof shall not be available for any other purpose: (i) to pay a Fixed Term Loanportion of the direct production costs of Season Two, a Term which shall not exceed the Available Commitment; (ii) the payment of interest; (iii) the payment of the Attorney Costs and the Loan with Prepayment Option, a Term Loan with Call Option or an Open Loan; Fee; (iv) the Loan Fee Percentage; bond fee due to the Completion Guarantor for the Completion Guaranty to the extent included in the Budget and not previously paid; and (v) the Maturity Date, if any; (vi) payment of the type or types of Collateral and amounts thereof, as applicable, proposed to be pledged; and (vii) insurance premium for the proposed Initial Collateral Percentage, Margin Requirement Percentage and Margin Release Percentage. If Lender agrees to make a Loan on the terms set forth in the Lending Request or as otherwise agreed between Borrower and Lender, Lender shall send Borrower a Loan Confirmation. The specific and final terms of a Loan shall be set forth in the Loan Confirmation. Following delivery of such Loan Confirmation, if Borrower does not provide notice to Lender (email sufficient) rejecting the relevant Loan within two (2) hours after the relevant Loan Confirmation was delivered, Borrower and Lender shall be deemed to have agreed insurance required under Section 10.5 hereof to the terms (absent manifest error) in extent not paid before the Loan Confirmation. Promptly after such time, and after or simultaneously with Borrower’s delivery of sufficient Collateral (if applicable), Lender shall commence transmission to either (x) Borrower’s Digital Currency Address the amount of Digital Currency, or (y) Borrower’s bank account by bank wire the amount of USD, as applicable, set forth in the Loan Confirmation. Until Lender and Borrower have agreed (or have been deemed to agree) to the terms in a Loan Confirmation, neither party shall have any obligations to the other with respect to such particular Loan. In the event of a conflict of terms between this Agreement and a Loan Confirmation, the terms in the Loan Confirmation shall govern. If Lender transfers Loaned Assets to Borrower and Borrower does not transfer the Required Collateral Amount, Lender shall have the absolute right to the return of the Loaned AssetsClosing Date.

Appears in 1 contract

Sources: Loan and Security Agreement (Genius Brands International, Inc.)

Loan Procedure. From time to timetime during the Term of this Agreement, during Business Hours on a Business Day any day (the “Request Day”), by email directed to ▇▇▇▇▇▇ Email, an Authorized Agent of Borrower may request from Lender, by email, Telegram or such other electronic means as agreed by L▇▇▇▇▇, the provision of a Loan specific quantity of a Fiat Currency or Digital Currency (a “Lending Loan Request”) ), for use by Borrower in accordance with the terms and conditions of this Agreement; provided, that if such Loan Request is received by Lender at or after 11:00 am New York time, then the next day will be deemed to be the Request Day. Once made, Loan Requests may not be withdrawn by Borrower. Upon receipt of a specific amount of Loan Request, L▇▇▇▇▇ shall inform B▇▇▇▇▇▇▇ whether Lender agrees to provide the requested Fiat Currency or Digital Currency on the terms set forth in the Loan Request. A Loan Request shall be deemed rejected by L▇▇▇▇▇ unless accepted by L▇▇▇▇▇ at or USDbefore 5:00 pm New York time on the Request Day or as otherwise agreed by the Parties. As part of its Lending Loan Request, Borrower shall provide the following proposed terms: (i) the type of Fiat Currency or Digital Currency (if applicable)requested; (ii) the amount of the Fiat Currency or Digital Currency or USDrequested; (iii) the type of Collateral Borrower is willing to post; (iv) whether the Loan is to be a Fixed Term Loan, a Term Loan with Prepayment Option, a Term Loan with Call Option or an Open Loan; (ivv) the Loan Fee Percentage; (v) the Maturity Effective Date, if any;; and (vi) the type or types Loan Termination Date (if a Fixed Term Loan). Upon agreement by and between L▇▇▇▇▇ and Borrower regarding the terms of Collateral and amounts thereof, as applicable, proposed to be pledged; and (vii) the proposed Initial Collateral Percentage, Margin Requirement Percentage and Margin Release Percentage. If Lender agrees to make a Loan on the terms set forth in the Lending Request or as otherwise agreed between Borrower and Lenderwith respect to a Loan, Lender shall send Borrower a proposed Loan ConfirmationTerm Sheet for such Loan. The specific and final terms of such Loan, including the Loan Fee and all applicable collateral requirements, shall be memorialized in such Loan Term Sheet, which shall be delivered and executed by the Parties after the final terms of a Loan shall be set forth in are agreed to and prior to the Loan Confirmation. Following delivery of such Loan Confirmation, if Borrower does not provide notice to Lender (email sufficient) rejecting the relevant Loan within two (2) hours after the relevant Loan Confirmation was delivered, Borrower and Lender shall be deemed to have agreed to the terms (absent manifest error) in the Loan Confirmation. Promptly after such time, and after applicable Fiat Currency or simultaneously with Borrower’s delivery of sufficient Collateral (if applicable), Lender shall commence transmission to either (x) Borrower’s Digital Currency Address the amount of Digital Currency, or (y) Borrower’s bank account by bank wire the amount of USD, as applicable, set forth in the Loan Confirmation. Until Lender and Borrower have agreed (or have been deemed to agree) to the terms in a Loan Confirmation, neither party shall have any obligations to the other with respect to such particular Loan. In the event of a conflict of terms between this Agreement and a Loan ConfirmationTerm Sheet, the terms in such Loan Term Sheet shall govern with respect to the applicable Loan. Upon execution of a Loan Confirmation Term Sheet by L▇▇▇▇▇ and Borrower, Borrower shall govern. If Lender transfers Loaned Assets commence transmission of any required Collateral to Borrower and Borrower does not transfer satisfy the Required Margin Ratio as specified in such Loan Term Sheet. Following Custodian’s receipt of such Collateral Amountin accordance with the Confirmation Protocol, Lender shall have the absolute right to the return commence transmission of the Loaned AssetsFiat Currency or Digital Currency specified in the applicable Loan Term Sheet to Borrower’s bank account or Digital Currency Address as agreed by the Parties in such Loan Term Sheet or as directed by Borrower in writing.

Appears in 1 contract

Sources: Master Loan Agreement (Kindly MD, Inc.)

Loan Procedure. From time to timetime during the term of this Agreement, during Business Hours on a Business Day (the “Request Day”), by email directed to ▇▇▇▇▇▇ EmailLender Email (or such other address as Lender may specify in writing), an Authorized Agent of Borrower may request from Lender a Loan (a “Lending Request”) of a specific amount of Digital Currency or USDU.S. Dollars (a “Lending Request”). Provided Lender receives such Lending Request prior to 3:00 pm Eastern Standard Time, Lender shall by email directed to Borrower Email (or such other address as Borrower may specify in writing) inform Borrower whether L▇▇▇▇▇ agrees to make such a Loan on such Business Day. If L▇▇▇▇▇ fails to accept a Lending Request prior to Close of Business on the Request Day, such Lending Request shall be deemed to have been denied by Lender. As part of its Lending Request, Borrower shall provide the following proposed terms: (i) i. whether U.S. Dollars or Digital Currency, and if Digital Currency, the type of Digital Currency (if applicable)being requested; (ii) . the amount of Digital Currency or USDU.S. Dollars being requested; (iii) . whether the Loan is to be a Fixed Term Loan, a Term Loan with Prepayment Option, a Term Loan with a Call Option or an Open Loan; (iv) . the required Loan Fee PercentageEffective Date; (v) v. the Maturity Date, if anyCollateral; (vi) . the type or types of Initial Collateral and amounts thereof, as applicable, proposed to be pledgedRatio; vii. the Margin Call Limit; viii. the Refund Limit; and ix. the Maturity Date (vii) the proposed Initial Collateral Percentage, Margin Requirement Percentage and Margin Release Percentagefor all Loans other than an Open Loan). If Lender agrees to make a Loan on in accordance with Borrower’s proposed terms and the terms set forth in Borrower has delivered to and the Lending Request or as otherwise agreed between Borrower and Lender, Lender shall send Borrower a Loan Confirmation. The specific and final terms of a Loan shall be set forth in has received the Loan Confirmation. Following delivery of such Loan Confirmation, if Borrower does not provide notice to Lender (email sufficient) rejecting the relevant Loan within two (2) hours after the relevant Loan Confirmation was delivered, Borrower and Lender shall be deemed to have agreed Collateral required pursuant to the terms (absent manifest error) in the Loan Confirmation. Promptly after such time, and after or simultaneously with Borrower’s delivery of sufficient Collateral (if applicable)herein, Lender shall commence transmission to either (x) the Borrower’s Digital Currency Address the amount of Digital Currency, or (y) Borrower’s bank account by bank wire the amount of USDU.S. Dollars, as applicable, as such Digital Currency Address or bank wire instruction is set forth in the Lending Request on or before Close of Business on the Request Day. The specific and final terms of a Loan Confirmation. Until Lender shall be memorialized within the applicable Loan Term Sheet, which shall be delivered and Borrower have executed after the final terms of a Loan are agreed (or have been deemed to agree) and prior to the terms in a Loan Confirmation, neither party shall have any obligations to delivery of the other with respect to such particular LoanLoaned Assets. In the event of a conflict of terms between this Master Lender Agreement and a Loan ConfirmationTerm Sheet, the terms in the Loan Confirmation Term Sheet shall govern. If Lender transfers Loaned Assets to Borrower and Borrower does not transfer the Required Collateral Amount, Lender shall have the absolute right to the return of the Loaned Assets.

Appears in 1 contract

Sources: Master Lender Agreement (Parataxis Holdings LLC)

Loan Procedure. From time to time(a) Whenever the Borrower desires a Loan, during Business Hours on a Business Day (the “Request Day”), by email directed to ▇▇▇▇▇▇ Email, an Authorized Agent of Borrower may request a Loan (a “Lending Request”) of a specific amount of Digital Currency or USD. As part of its Lending Request, Borrower shall provide deliver to the following proposed terms: Lender a Borrowing Certificate, signed by an authorized officer of the Borrower, and which has been approved in writing by the Completion Guarantor, no later than (i) type 11:00 a.m. (Pacific Time) one (1) Business Day before the requested funding date in the case of Digital Currency requests for Prime Rate Loans, or (if applicableii) 11:00 a.m. (Pacific Time) three (3) Business Days in advance of the requested funding date in the case of requests for LIBOR Loans; provided, however, the Lender shall have no obligation to make more than one (1) Loan in any four (4) Business Day period. (b) The Borrowing Certificate shall specify (i) the requested funding date (which shall be a Business Day); , (ii) the aggregate amount of Digital Currency or USD; the requested Loans, (iii) whether the Loan is Loans requested are to be Prime Rate Loans or LIBOR Loans, and (iv) if the requested Loans are to be LIBOR Loans, the requested Interest Period. Any Borrowing Certificate made pursuant to Subsection 2.2(a) hereof shall be irrevocable and the Borrower shall be bound to borrow the funds requested therein in accordance therewith. (c) The Lender shall make each such Loan available to the Borrower by wire transfer to the Production Bank Account specified in the Borrowing Certificate in the amount of such Loan in same day funds (except for any part thereof paid by the Lender to third Persons or to itself as permitted hereunder or under any of the Loan Documents). Notwithstanding anything to the contrary contained in this Agreement, the Lender shall not be required to purchase Dollar deposits in the London Interbank market or the applicable LIBOR market to fund any LIBOR Loans, and the provisions hereof shall be deemed to apply as if the Lender had purchased such deposits to fund the LIBOR Loans. (d) Subject to the terms of this Agreement, the Lender shall be obligated to make Loans hereunder, only for the following purposes and in the following amounts, all in connection with the acquisition, production, completion, and distribution of the Series, and effecting Delivery to Netflix, and the proceeds thereof shall not be available for any other purpose: (i) to pay a Fixed Term Loanportion of the direct production costs of the Series, a Term which shall not exceed the Available Commitment; (ii) the payment of interest; (iii) the payment of the Attorney Costs and the Loan with Prepayment Option, a Term Loan with Call Option or an Open Loan; Fee; (iv) the Loan Fee Percentage; bond fee due to the Completion Guarantor for the Completion Guaranty to the extent included in the Budget and not previously paid; and (v) the Maturity Date, if any; (vi) payment of the type or types of Collateral and amounts thereof, as applicable, proposed to be pledged; and (vii) insurance premium for the proposed Initial Collateral Percentage, Margin Requirement Percentage and Margin Release Percentage. If Lender agrees to make a Loan on the terms set forth in the Lending Request or as otherwise agreed between Borrower and Lender, Lender shall send Borrower a Loan Confirmation. The specific and final terms of a Loan shall be set forth in the Loan Confirmation. Following delivery of such Loan Confirmation, if Borrower does not provide notice to Lender (email sufficient) rejecting the relevant Loan within two (2) hours after the relevant Loan Confirmation was delivered, Borrower and Lender shall be deemed to have agreed insurance required under Section 10.5 hereof to the terms (absent manifest error) in extent not paid before the Loan Confirmation. Promptly after such time, and after or simultaneously with Borrower’s delivery of sufficient Collateral (if applicable), Lender shall commence transmission to either (x) Borrower’s Digital Currency Address the amount of Digital Currency, or (y) Borrower’s bank account by bank wire the amount of USD, as applicable, set forth in the Loan Confirmation. Until Lender and Borrower have agreed (or have been deemed to agree) to the terms in a Loan Confirmation, neither party shall have any obligations to the other with respect to such particular Loan. In the event of a conflict of terms between this Agreement and a Loan Confirmation, the terms in the Loan Confirmation shall govern. If Lender transfers Loaned Assets to Borrower and Borrower does not transfer the Required Collateral Amount, Lender shall have the absolute right to the return of the Loaned AssetsClosing Date.

Appears in 1 contract

Sources: Loan and Security Agreement (Genius Brands International, Inc.)

Loan Procedure. From time to time, during Business Hours on a Business Day (the “Request Day”), by email directed to ▇▇▇▇▇▇ Email, an Authorized Agent of Borrower may request a Loan (a “Lending Request”) of a specific amount of Digital Currency or USD. As part of its Lending Request, Borrower shall provide provide, at a minimum, the following proposed terms: (i) type of Digital Currency (if applicable); (ii) the amount of Digital Currency or USD; (iii) whether the Loan is to be a Fixed Term Loan, a Term Loan with Prepayment Option, a Term Loan with Call Option or an Open Loan; (iv) the Loan Fee Percentage; (v) the Maturity Date, if any; (vi) the type or types of Collateral and amounts thereof, as applicable, proposed to be pledged; and (vii) the proposed Initial Collateral Percentage, Margin Requirement Percentage and Margin Release Percentage. If Lender agrees to make a Loan on the terms set forth in the Lending Request or as otherwise agreed between Borrower and Lender, Lender shall send Borrower a Loan Confirmation. The specific and final terms of a Loan shall be set forth in the Loan Confirmation. Following delivery of such Loan Confirmation, if Borrower does not provide notice to Lender (email sufficient) rejecting the relevant Loan within two (2) hours after the relevant Loan Confirmation was delivered, Borrower and Lender shall be deemed to have agreed to the terms (absent manifest error) in the Loan Confirmation. Promptly after such time, and after or simultaneously with Borrower’s delivery of sufficient Collateral (if applicable), Lender shall commence transmission to either (x) Borrower’s Digital Currency Address the amount of Digital Currency, or (y) Borrower’s bank account by bank wire the amount of USD, as applicable, set forth in the Loan Confirmation. Until Lender and Borrower have agreed (or have been deemed to agree) to the terms in a Loan Confirmation, neither party shall have any obligations to the other with respect to such particular Loan. In the event of a conflict of terms between this Agreement and a Loan Confirmation, the terms in the Loan Confirmation shall govern. If Lender transfers Loaned Assets to Borrower and Borrower does not transfer the Required Collateral Amount, Lender shall have the absolute right to the return of the Loaned Assets.

Appears in 1 contract

Sources: Master Loan Agreement (Portage Biotech Inc.)

Loan Procedure. From time Subject to time, during Business Hours on a Business Day compliance with Section 5 (or waiver by Lender of any of the “Request Day”terms hereof), by email directed to ▇▇▇▇▇▇ Email, an Authorized Agent of the Borrower may request any Revolving Loan or WC Revolving Loan by submitting a Loan Request to Agent at least three (a “Lending Request”3) Business Days prior to the proposed Loan Date for such Loan, which Loan Request shall include the requested date of a specific the Loan, the principal amount of Digital Currency or USD. As part of its Lending Request, Borrower shall provide the following proposed terms: (i) type of Digital Currency (if applicable); (ii) the amount of Digital Currency or USD; (iii) whether the Loan is to be borrowed, a Fixed Term detailed description of the proposed use of proceeds of such Loan, a Term Loan with Prepayment Option, a Term Loan with Call Option or an Open and the election by Borrower of the Type of Loan; (iv) the Loan Fee Percentage; (v) the Maturity Date, if any; (vi) the type or types of Collateral and amounts thereof, as applicable, proposed to be pledged; and (vii) the proposed Initial Collateral Percentage, Margin Requirement Percentage and Margin Release Percentage. If Lender agrees Borrower fails to make specify a Loan on the terms set forth in the Lending Request or as otherwise agreed between Borrower and LenderType, Lender shall send Borrower a Loan Confirmation. The specific and final terms of then a Loan shall be set forth in the as a LIBOR Loan. Each Revolving Loan Confirmationor WC Revolving Loan shall be allocated to each Lender according to its Applicable Percentage Interest. Following delivery the receipt of a Loan Request (or written request from conversion of a Type of Loan to another Type), Agent shall promptly (but in no event less than one Business Day prior to the date that such Loan Confirmation, if Borrower does not provide notice to Lender (email sufficient) rejecting the relevant Loan within two (2) hours after the relevant Loan Confirmation was delivered, Borrower and Lender shall be deemed required to have agreed make funds available with respect to the terms (absent manifest errora LIBOR Loan) in the Loan Confirmation. Promptly after such time, and after or simultaneously with Borrower’s delivery notify each Lender of sufficient Collateral (if applicable), Lender shall commence transmission to either (x) Borrower’s Digital Currency Address the amount of Digital Currencyits Applicable Percentage Interest of the applicable Loan. Each Lender shall make the amounts of its Loan available to Agent in immediately available funds at Agent’s principal office not later than 1:00pm on the Business Day specified in the applicable Loan Request. Upon satisfaction of the applicable conditions in Section 5, Agent shall make all funds so received available to Borrower in like funds as received by Agent either by (i) crediting the account of Borrower on the books of Cadence with the amount of such funds, or (yii) wire transfer of such funds, in each case in accordance with instructions provided to (and reasonably acceptable to) Agent by Borrower’s bank account by bank wire ; provided however, that if, on the amount date of USD, as applicable, set forth in the Loan Confirmation. Until Lender and Borrower have agreed (or have been deemed to agree) to the terms in a Loan Confirmation, neither party shall have any obligations to the other Request with respect to such particular borrowing is given by Borrower, there are L/C Borrowings outstanding, then the proceeds of such Loan. In , first shall be applied to the event payment in full of a conflict of terms between this Agreement any such L/C Borrowings, and a Loan Confirmationsecond, the terms in the Loan Confirmation shall govern. If Lender transfers Loaned Assets be made available to Borrower as provided above. Agent shall promptly notify Borrower and Borrower does not transfer the Required Collateral Amount, Lender shall have the absolute right to the return Lenders of the Loaned Assetsinterest rate applicable to any Interest Period for any LIBOR Loan upon determination of such interest rate. At any time that a Base Rate Loan is outstanding, Agent shall notify Borrower and Lenders of any change in Cadence’s Primate Rate used in determining the Base Rate promptly following the public announcement of such change.

Appears in 1 contract

Sources: Loan Agreement (BRP Group, Inc.)

Loan Procedure. From time to timetime during the term of this Agreement, during Business Hours the hours of 8:00 am Eastern Standard Time to 8:00 pm Eastern Standard Time on a Business Day (the “Request Day”), by email directed to ▇▇▇▇▇▇ EmailLender Email (or such other address as Lender may specify in writing), an Authorized Agent of Borrower may request from Lender a Loan (a “Lending Request”) of a specific amount of Digital Currency or USDU.S. Dollars (a “Lending Request”). Provided Lender receives such Lending Request prior to 3:00 pm Eastern Standard Time, Lender shall by email directed to Borrower Email (or such other address as Borrower may specify in writing) to inform Borrower whether ▇▇▇▇▇▇ agrees to make such a Loan. If ▇▇▇▇▇▇ fails to accept a Lending Request prior to Close of Business on the Request Day, such Lending Request shall be deemed to have been denied by Lender. As part of its Lending Request, Borrower shall provide the following proposed terms: (i) i. whether U.S. Dollars or Digital Currency, and if Digital Currency, the type of Digital Currency (if applicable)being requested; (ii) . the amount of Digital Currency or USDU.S. Dollars being requested; (iii) . whether the Loan is to be a Fixed Term Loan, a Term Loan with Prepayment Option, a Term Loan with a Call Option or an Open Loan; (iv) . the required Loan Fee PercentageEffective Date; (v) v. the Maturity Date, if anyCollateral; (vi) . the type or types of Initial Collateral and amounts thereof, as applicable, proposed to be pledgedRatio; vii. the Margin Call Limit; viii. the Refund Limit; and ix. the Maturity Date (vii) the proposed Initial Collateral Percentage, Margin Requirement Percentage and Margin Release Percentagefor all Loans other than an Open Loan). If Lender agrees to make a Loan on in accordance with Borrower’s proposed terms and the terms set forth in Borrower has delivered to and the Lending Request or as otherwise agreed between Borrower and Lender, Lender shall send Borrower a Loan Confirmation. The specific and final terms of a Loan shall be set forth in has received the Loan Confirmation. Following delivery of such Loan Confirmation, if Borrower does not provide notice to Lender (email sufficient) rejecting the relevant Loan within two (2) hours after the relevant Loan Confirmation was delivered, Borrower and Lender shall be deemed to have agreed Collateral required pursuant to the terms (absent manifest error) in the Loan Confirmation. Promptly after such time, and after or simultaneously with Borrower’s delivery of sufficient Collateral (if applicable)herein, Lender shall commence transmission to either (x) the Borrower’s Digital Currency Address the amount of Digital Currency, or (y) Borrower’s bank account by bank wire the amount of USDU.S. Dollars, as applicable, as such Digital Currency Address or bank wire instruction is set forth in the Lending Request on or before Close of Business on the Request Day. The specific and final terms of a Loan Confirmation. Until Lender shall be memorialized within the applicable Loan Term Sheet, which shall be delivered and Borrower have executed after the final terms of a Loan are agreed (or have been deemed to agree) and prior to the terms in a Loan Confirmation, neither party shall have any obligations to delivery of the other with respect to such particular LoanLoaned Assets. In the event of a conflict of terms between this Master Lender Agreement and a Loan ConfirmationTerm Sheet, the terms in the Loan Confirmation Term Sheet shall govern. If Lender transfers Loaned Assets to Borrower and Borrower does not transfer the Required Collateral Amount, Lender shall have the absolute right to the return of the Loaned Assets.

Appears in 1 contract

Sources: Master Lender Agreement (Helius Medical Technologies, Inc.)

Loan Procedure. From time to timetime during the Term of this Agreement, during Business Hours on a Business Day any day (the “Request Day”), by email directed to ▇▇▇▇▇▇ Email, an Authorized Agent of Borrower may request from Lender, by email, Telegram or such other electronic means as agreed by L▇▇▇▇▇, the provision of a Loan specific quantity of a Fiat Currency or Digital Currency (a “Lending Loan Request”) ), for use by Borrower in accordance with the terms and conditions of this Agreement; provided, that if such Loan Request is received by Lender at or after 11:00 am New York time, then the next day will be deemed to be the Request Day. Once made, Loan Requests may not be withdrawn by Borrower unless otherwise consented to by the Lender. Upon receipt of a specific amount of Loan Request, L▇▇▇▇▇ shall inform B▇▇▇▇▇▇▇ whether Lender agrees to provide the requested Fiat Currency or Digital Currency on the terms set forth in the Loan Request. A Loan Request shall be deemed rejected by L▇▇▇▇▇ unless accepted by L▇▇▇▇▇ at or USDbefore 5:00 pm New York time on the Request Day or as otherwise agreed by the Parties. As part of its Lending Loan Request, Borrower shall provide the following proposed terms: (i) the type of Fiat Currency or Digital Currency (if applicable)requested; (ii) the amount of the Fiat Currency or Digital Currency or USDrequested; (iii) the type of Collateral Borrower is willing to post; (iv) whether the Loan is to be a Fixed Term Loan, a Term Loan with Prepayment Option, a Term Loan with Call Option or an Open Loan; (ivv) the Loan Fee Percentage; (v) the Maturity Effective Date, if any;; and (vi) the type or types Loan Termination Date (if a Fixed Term Loan). Upon agreement by and between L▇▇▇▇▇ and Borrower regarding the terms of Collateral and amounts thereof, as applicable, proposed to be pledged; and (vii) the proposed Initial Collateral Percentage, Margin Requirement Percentage and Margin Release Percentage. If Lender agrees to make a Loan on the terms set forth in the Lending Request or as otherwise agreed between Borrower and Lenderwith respect to a Loan, Lender shall send Borrower a proposed Loan ConfirmationTerm Sheet for such Loan. The specific and final terms of such Loan, including the Loan Fee and all applicable collateral requirements, shall be memorialized in such Loan Term Sheet, which shall be delivered and executed by the Parties after the final terms of a Loan shall be set forth in are agreed to and prior to the Loan Confirmation. Following delivery of such Loan Confirmation, if Borrower does not provide notice to Lender (email sufficient) rejecting the relevant Loan within two (2) hours after the relevant Loan Confirmation was delivered, Borrower and Lender shall be deemed to have agreed to the terms (absent manifest error) in the Loan Confirmation. Promptly after such time, and after applicable Fiat Currency or simultaneously with Borrower’s delivery of sufficient Collateral (if applicable), Lender shall commence transmission to either (x) Borrower’s Digital Currency Address the amount of Digital Currency, or (y) Borrower’s bank account by bank wire the amount of USD, as applicable, set forth in the Loan Confirmation. Until Lender and Borrower have agreed (or have been deemed to agree) to the terms in a Loan Confirmation, neither party shall have any obligations to the other with respect to such particular Loan. In the event of a conflict of terms between this Agreement and a Loan ConfirmationTerm Sheet, the terms in such Loan Term Sheet shall govern with respect to the applicable Loan. Upon execution of a Loan Confirmation Term Sheet by L▇▇▇▇▇ and Borrower, Borrower shall govern. If Lender transfers Loaned Assets commence transmission of any required Collateral to Borrower and Borrower does not transfer satisfy the Required Margin Ratio as specified in such Loan Term Sheet. Following Custodian’s receipt of such Collateral Amountin accordance with the Confirmation Protocol, Lender shall have the absolute right to the return commence transmission of the Loaned AssetsFiat Currency or Digital Currency specified in the applicable Loan Term Sheet to Borrower’s bank account or Digital Currency Address as agreed by the Parties in such Loan Term Sheet or as directed by Borrower in writing.

Appears in 1 contract

Sources: Master Loan Agreement (Eightco Holdings Inc.)

Loan Procedure. From time The procedure for requesting and agreeing to time, during Business Hours on a Business Day (the “Request Day”), by email directed to ▇▇▇▇▇▇ Email, an Authorized Agent of Borrower may request a Loan (a “Lending Request”) of a specific amount of Digital Currency or USD. As part of its Lending Request, Borrower shall provide the following proposed terms: (i) type of Digital Currency (if applicable); (ii) the amount of Digital Currency or USD; (iii) whether the Loan is to be a Fixed Term Loan, a Term Loan with Prepayment Option, a Term Loan with Call Option or an Open Loan; (iv) the Loan Fee Percentage; (v) the Maturity Date, if any; (vi) the type or types of Collateral and amounts thereof, as applicable, proposed to be pledged; and (vii) the proposed Initial Collateral Percentage, Margin Requirement Percentage and Margin Release Percentage. If Lender agrees to make a Loan on the terms set forth in the Lending Request or as otherwise agreed between Borrower and Lender, Lender shall send Borrower a Loan Confirmation. The specific and final terms of a Loan shall be set forth in as follows: i) Borrower shall commence the borrowing process for a Loan Confirmation. Following delivery by requesting a specific amount of such cash and specifying the amount of unencumbered Collateral that Borrower proposes to pledge as collateral for a Loan Confirmation(“Lending Request”). ii) Upon receipt of the Lending Request, if the Lender will present Borrower does not provide notice with proposed Loan terms (“Proposed Terms”) which shall indicate: (1) an indicative range for the LTV Percentage and the amount to Lender be borrowed (email sufficient) rejecting the relevant Loan within two “Borrowed Amount”), (2) hours after the relevant Loan Confirmation was deliveredBorrow Fee for the Loan, and (3) the range of Price Ceilings and Price Floors with respect to the indicative LTV Percentage ranges. iii) If Borrower accepts the Proposed Terms, Borrower will transfer the Collateral for the Loan to a wallet address as instructed by Lender (‘Collateral Account’). Once the Collateral has been received in the Collateral Account, Lender will enter into a Hedge and price the Loan on the Pricing Date and Lender shall be deemed provide to have agreed to the terms (absent manifest error) in Borrower the Loan Confirmation. Promptly after such time, Term Sheet attached as Exhibit B. iv) After receipt of the Collateral and after or simultaneously with Borrower’s delivery issuance of sufficient Collateral (if applicable)the Loan Term Sheet, Lender shall commence transmission of the Borrowed Amount to either (x) Borrower’s Digital Currency Address the amount of Digital Currency, or (y) Borrower’s bank account by bank wire the amount of USD, instruction as applicable, set forth in by Borrower by 5:00 p.m. New York time on the Pricing Date, or such other day and time as may be agreed between the Lender and the Borrower. v) Borrower understands and agrees that Borrower will be bound by the terms of the Loan Confirmation. Until Lender Term Sheet and Borrower have agreed (or have been deemed to agree) to the terms in a Loan Confirmation, neither party shall have any obligations to the other with respect to such particular LoanAgreement. In the event of a conflict of terms between this Agreement and a the Loan ConfirmationTerm Sheet, the terms in the Loan Confirmation Term Sheet shall govern. . vi) If Lender transfers Loaned Assets to Borrower and Borrower rejects the Proposed Terms or does not transfer indicate acceptance by 5:00 p.m. New York time on the Required Collateral Amountday the Proposed Terms were delivered, the loan request will be considered withdrawn and neither Borrower nor Lender shall have any further obligation with respect to that loan request or any related Loan. vii) Borrower understands that market conditions may prevent Lender from being able to issue Borrower a Loan under the absolute right Proposed Terms, in which case, Lender will inform Borrower that the Loan Offer has been rescinded and promptly return the Collateral to the return of the Loaned AssetsBorrower.

Appears in 1 contract

Sources: Master Digital Currency Collar Loan Agreement (Argo Blockchain PLC)