Common use of Procedure for Borrowing Clause in Contracts

Procedure for Borrowing. Each Borrowing shall be made by a request by an Authorized Person delivered to Lender (which notice must be received by Lender no later than 10:00 a.m. (California time) on the Business Day that is the requested Funding Date specifying (i) the amount of such Borrowing, and (ii) the requested Funding Date, which shall be a Business Day. At Lender's election, in lieu of delivering the above-described request in writing, any Authorized Person may give Lender telephonic notice of such request by the required time, with such telephonic notice to be confirmed in writing within 24 hours of the giving of such notice.

Appears in 11 contracts

Samples: Loan and Security Agreement (I Link Inc), Loan and Security Agreement (Peninsula Gaming Co LLC), Loan and Security Agreement (Interact Commerce Corp)

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Procedure for Borrowing. Each Borrowing shall be made by a written request by an Authorized Person delivered to Lender (which notice must be received by Lender no later than 10:00 a.m. (California time) on the Business Day that is the requested Funding Date specifying (i) the amount of such Borrowing, and (ii) the requested Funding Date, which shall be a Business Day. At Lender's election, in lieu of delivering the above-described request in writing, any Authorized Person may give Lender telephonic notice of such request by the required time, with such telephonic notice to be confirmed in writing within 24 hours of the giving of such notice.

Appears in 5 contracts

Samples: Loan Agreement (Futurelink Corp), Loan and Security Agreement (Peninsula Gaming Corp), Loan and Security Agreement (SPSS Inc)

Procedure for Borrowing. Each Borrowing shall be made by a written request by an Authorized Person delivered to Lender (which notice must be received by Lender no later than 10:00 a.m. 1:00 p.m. (California Atlanta time) on the Business Day that is the requested Funding Date specifying (i) the amount of such Borrowing, and (ii) the requested Funding Date, which shall be a Business Day. At Lender's election, in lieu of delivering the above-described request in writing, any Authorized Person may give Lender telephonic notice of such request by the required time, with such telephonic notice to be confirmed in writing within 24 hours of the giving of such notice.

Appears in 1 contract

Samples: Loan and Security Agreement (Synalloy Corp)

Procedure for Borrowing. Each Borrowing shall be made by a written notice request by an Authorized Person delivered to Lender in the form of EXHIBIT A-1 (which notice must be received by Lender no later than 10:00 a.m. (California time) on the Business Day that is the requested Funding Date specifying (i) the amount of such Borrowing, and (ii) the requested Funding Date, which shall be a Business Day. At Lender's election, in lieu of delivering the above-described request in writing, any Authorized Person may also give Lender telephonic notice of such request by the required time, with such telephonic notice to be confirmed in writing within 24 hours of the giving of such noticenotice in the form of EXHIBIT A-1.

Appears in 1 contract

Samples: Loan and Security Agreement (Synavant Inc)

Procedure for Borrowing. Each Borrowing shall be made by a request by an Authorized Person delivered to Lender (which notice must be received by Lender no later than 10:00 11:00 a.m. (California time) on the Business Day that is the requested Funding Date specifying (i) the amount of such Borrowing, and (ii) the requested Funding Date, which shall be a Business Day. At Lender's election, in lieu of delivering the above-described request in writing, any Authorized Person may give Lender telephonic notice of such request by the required time, with such telephonic notice to be confirmed in writing within 24 hours of the giving of such notice.

Appears in 1 contract

Samples: Loan and Security Agreement (Special Devices Inc /De)

Procedure for Borrowing. Each Borrowing shall be made by a written request by an Authorized Person delivered to Lender (which notice must be received by Lender no later than 10:00 a.m. (California time) on the Business Day that is the requested Funding Date specifying (i) the amount of such Borrowing, and (ii) the requested Funding Date, which shall be a Business Day. At Lender's ’s election, in lieu of delivering the above-described request in writing, any Authorized Person may give Lender telephonic notice of such request by the required time, with such telephonic notice to be confirmed in writing within 24 hours of the giving of such notice.

Appears in 1 contract

Samples: Loan and Security Agreement (Old Evangeline Downs Capital Corp)

Procedure for Borrowing. Each Borrowing shall be made by a request by an Authorized Person delivered to Lender (which notice must be received by Lender no later than 10:00 a.m. 1:00 p.m. (California eastern time) on the Business Day that is the requested Funding Date specifying (i) the amount of such Borrowing, and (ii) the requested Funding Date, which shall be a Business Day. At Lender's election, in lieu of delivering the above-described request in writing, any Authorized Person may give Lender telephonic notice of such request by the required time, with such telephonic notice to be confirmed in writing within 24 hours of the giving of such notice.

Appears in 1 contract

Samples: Loan and Security Agreement (Shoe Pavilion Inc)

Procedure for Borrowing. Each Borrowing shall be made by a written request by an Authorized Person delivered to Lender (which notice must be received by Lender no later than 10:00 a.m. (California time) on the a Business Day that is the requested Funding Date specifying (i) the amount of such Borrowing, and (ii) the requested Funding Date, which shall be a Business Day. At Lender's election, in lieu of delivering the above-described request in writing, any Authorized Person may give Lender telephonic notice of such request by the required time, with such telephonic notice to be confirmed in writing within 24 hours of the giving of such notice. The provisions of this clause (a) are subject to the provisions of SECTION 2.13(B).

Appears in 1 contract

Samples: Loan and Security Agreement (Cyrk Inc)

Procedure for Borrowing. Each Borrowing shall be made by a request by an Authorized Person delivered to Lender (which notice must be received by Lender no later than 10:00 a.m. (California time) on the Business Day that is the requested Funding Date specifying (i) the amount of such Borrowing, (ii) whether the Borrowing is to be a Revolving Loan A Advance or a Revolving Loan B Advance, and (iiiii) the requested Funding Date, which shall be a Business Day. At Lender's election, in lieu of delivering the above-described request in writing, any Authorized Person may give Lender telephonic notice of such request by the required time, with such telephonic notice to be confirmed in writing within 24 hours of the giving of such notice.

Appears in 1 contract

Samples: Loan and Security Agreement (Mikohn Gaming Corp)

Procedure for Borrowing. Each Borrowing shall be made by a request by an Authorized Person delivered to Lender (which notice must be received by Lender no later than 10:00 a.m. (California time) on the Business Day that is the requested Funding Date specifying (i) the amount of such Borrowing, and (ii) the requested Funding Date, which shall be a Business Day. At Lender's election, in lieu of delivering the above-described request in writing, any Authorized Person may give Lender telephonic notice of such request by the required time, with such telephonic notice to be confirmed in writing within 24 hours of the giving of such notice. For any request which includes initial funding to a new Payee, Borrower shall submit a copy of Borrower's credit committee approval for such Payee.

Appears in 1 contract

Samples: Loan and Security Agreement (Equifin Inc)

Procedure for Borrowing. Each Borrowing shall be made by a written request by an Authorized Person delivered to Lender (which notice must be received by Lender no later than 10:00 a.m. (California time) on the Business Day that is the requested Funding Date specifying (i) the amount of such Borrowing, and (ii) the requested Funding Date, which shall be a Business Day. At Lender's election, in lieu of delivering the above-described request in writing, any Authorized Person may give Lender telephonic notice of such request by the required time, with such telephonic notice to be confirmed in writing within 24 twenty-four (24) hours of the giving of such notice.

Appears in 1 contract

Samples: Loan and Security Agreement (FFP Marketing Co Inc)

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Procedure for Borrowing. Each Borrowing shall be made by a an irrevocable written request by an Authorized Person a Responsible Officer delivered to Lender (which Agent. Such notice must be received by Lender Agent no later than 10:00 9:00 a.m. (California time) on the Business Day that is the requested Funding Date specifying (i) the amount of such Borrowing, Borrowing and (ii) the requested Funding Date, which shall be a Business Day. At Lender's Agent’s election, in lieu of delivering the above-described request in writingwritten request, any Authorized Person Responsible Officer may give Lender Agent telephonic notice of such request by the required time. In such circumstances, with Borrowers agree that any such telephonic notice to will be confirmed in writing within 24 hours of the giving of such telephonic notice, but the failure to provide such written confirmation shall not affect the validity of the request.

Appears in 1 contract

Samples: Possession Credit Agreement (Enesco Group Inc)

Procedure for Borrowing. Each Borrowing shall be made by a request by an Authorized Person delivered to Lender (which notice must be received by Lender no later than 10:00 a.m. 1:00 p.m. (California New York time) on the Business Day that is the requested Funding Date specifying (i) the amount of such Borrowing, and (ii) the requested Funding Date, which shall be a Business Day. At either Borrower’s or Lender's ’s election, in lieu of delivering the above-described request in writing, any Authorized Person may give Lender telephonic notice of such request by the required time, with such telephonic notice to be confirmed in writing within 24 hours of the giving of such notice.

Appears in 1 contract

Samples: Loan and Security Agreement (RMH Teleservices Inc)

Procedure for Borrowing. Each Borrowing shall be made by a written request by an Authorized Person delivered to Lender (which notice must be received by Lender no later than 10:00 a.m. (California time) on the Business Day that is the requested Funding Date Date) specifying (i) the amount of such Borrowing, and (ii) the requested Funding Date, which shall be a Business Day. At Lender's election, in lieu of delivering the above-described request in writing, any Authorized Person may give Lender telephonic notice of such request by the required time, with such telephonic notice to be confirmed in writing within 24 hours of the giving of such notice.

Appears in 1 contract

Samples: Loan and Security Agreement (Cray Inc)

Procedure for Borrowing. Each Borrowing shall be made by a an irrevocable written request by an Authorized Person delivered to Lender (which notice must be received by Lender no later than 10:00 a.m. (California time) on the a Business Day that is the requested Funding Date Day) specifying (i) the amount of such Borrowing, and (ii) the requested Funding Date, which shall be a Business Day. At Lender's ’s election, in lieu of delivering the above-described request in writingwritten request, any Authorized Person may give Lender telephonic notice of such request by the required time. In such circumstances, with Borrower agrees that any such telephonic notice to will be confirmed in writing within 24 hours of the giving of such noticenotice and the failure to provide such written confirmation shall not affect the validity of the request.

Appears in 1 contract

Samples: Loan and Security Agreement (Scheib Earl Inc)

Procedure for Borrowing. Each Borrowing shall be made by a request by an Authorized Person delivered to Lender (which notice must be received by Lender no later than 10:00 11:00 a.m. (California New York time) on the Business Day that is the requested Funding Date specifying (i) the amount of such Borrowing, and (ii) the requested Funding Date, which shall be a Business Day. At Lender's election, in lieu of delivering the above-described request in writing, any Authorized Person may give Lender telephonic notice of such request by the required time, with such telephonic notice to be confirmed in writing within 24 hours of the giving of such notice.

Appears in 1 contract

Samples: Loan and Security Agreement (New World Restaurant Group Inc)

Procedure for Borrowing. Each Borrowing shall be made by a an irrevocable written request by an Authorized Person delivered to Lender (which notice must be received by Lender no later than 10:00 a.m. (California time) on the Business Day prior to the date that is the requested Funding Date specifying (i) the amount of such Borrowing, and (ii) the requested Funding Date, which shall be a Business Day. At Lender's election, in lieu of delivering the above-described request in writingwritten request, any Authorized Person may give Lender telephonic notice of such request by the required time, with such telephonic notice to be confirmed in writing within 24 hours of the giving of such notice.

Appears in 1 contract

Samples: Loan and Security Agreement (Kroll Inc)

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