TELEPHONE REQUEST. The following person is authorized to request the loan payment transfer/loan advance on the advance designated account and is known to me. Authorized Requester Phone # Received By (Bank) Phone # Authorized Signature (Bank) EXHIBIT C COMPLIANCE CERTIFICATE TO: SILICON VALLEY BANK FROM: HEARME The undersigned authorized officer of HEARME certifies that under the terms and conditions of the Loan and Security Agreement between Borrower and Bank (the Agreement ), (i) Borrower is in complete compliance for the period ending _______________ with all required covenants except as noted below and (ii) all representations and warranties in the Agreement are true and correct in all material respects on this date. Attached are the required documents supporting the certification. The Officer certifies that these are prepared in accordance with Generally Accepted Accounting Principles (GAAP) consistently applied from one period to the next except as explained in an accompanying letter or footnotes. The Officer acknowledges that no borrowings may be requested at any time or date of determination that Borrower is not in compliance with any of the terms of the Agreement, and that compliance is determined not just at the date this certificate is delivered . Please indicate compliance status by circling Yes/No under Complies column. Reporting Covenant Required Complies Quarterly financial statements1 Quarterly within 45 days1 Yes No Annual (CPA Audited) FYE within 90 days Yes No 10-Q, 10K and 8-K Within 5 days after filing with SEC Yes No Financial Covenant Required Actual Complies Maintain on a Quarterly Basis: Minimum Quick Ratio 1.75:1.002 _____:1.00 Yes No Minimum Revenue 3 $_____ Yes No Profitability Quarterly 4 $___________ Yes No 1 Monthly when unrestricted cash is less than $25,000,000. 2 Monthly when unrestricted cash is less than $25,000,000. 3 Greater than previous quarter, except decline permitted for Q499 to Q100. 4 Quarterly loss not to exceed: 6/30/00 ($12,500,000) 9/30/00 ($12,000,000) 12/31/00 ($11,500,000) 3/31/01 ($11,000,000) Comments Regarding Exceptions: See Attached. BANK USE ONLY Received by: Sincerely, AUTHORIZED SIGNER Date: Verified: SIGNATURE AUTHORIZED SIGNER Date: TITLE Compliance Status Yes No DATE
TELEPHONE REQUEST. The following person is authorized to request the loan payment transfer/loan advance on the advance designated account and is known to me. _______________________________________________ _______________________________________________ Authorized Requester Phone # _______________________________________________ _______________________________________________ Received By (Bank) Phone # _______________________________________________ Authorized Signature (Bank) EXHIBIT C ELIGIBLE ACCOUNTS CERTIFICATE Borrower Xenogen Corporation 000 Xxxxxxxx Xxxxxx Xxxxxxx, Xxxxxxxxxx 00000 Bank: Silicon Valley Bank 0000 Xxxxxx Xxxxx Xxxxx Xxxxx, XX 00000 ACCOUNTS RECEIVABLE
TELEPHONE REQUEST. The following person is authorized to request the loan payment transfer/loan advance on the advance designated account and is known to me. ______________________________ Authorized Requester ______________________________ Authorized Signature (Bank) Phone # ________________ ________________________________________________________________________________ 30 EXHIBIT C --------- BORROWING BASE CERTIFICATE -------------------------- Borrower: Concord Communications, Inc. Lender: Silicon Valley Bank 33 Bxxxxx Xxxx Xxxx Xxxx 3003 Xxxxxx Xxxxx Xxxxxxxx, XX 00000 Santx Xxxxx, XX 00000 Xxmmitment Amount: $2,500,000 ACCOUNTS RECEIVABLE 1. Accounts Receivable Book Value as of $ _______ 2. Additions (please explain on reverse) $ _______ 3. TOTAL ACCOUNTS RECEIVABLE $ _______ ACCOUNTS RECEIVABLE DEDUCTIONS 4. Amounts over 90 days due $ _______ 5. Balance of 50% over 90 day accounts $ _______ 6. Concentration Limits $ _______ 7. Ineligible Foreign Accounts $ _______ 8. Governmental Accounts $ _______ 9. Contra Accounts $ _______ 10. Promotion or Demo Accounts $ _______ 11. Intercompany/Employee Accounts $ _______ 12. Other (please explain on reverse) $ _______ 13. TOTAL ACCOUNTS RECEIVABLE DEDUCTIONS $ _______ 14. Eligible Accounts (#3 - #13) $ _______ 15. LOAN VALUE OF ACCOUNTS (90% of #14) $ _______ BALANCES 16. Maximum Loan Amount $2,500,000 17. Total Funds Available (Lesser of #16 or (#l3 plus #15) $ _______ 18. Present balance owing on Line of Credit $ _______ 19. Outstanding under Sublimits ( ) $ _______ 20. RESERVE POSITIVE (#17 minus #18 and #19) $ _______ The undersigned represents and warrants that the foregoing is true, complete and correct, and that the information reflected in this Borrowing Base Certificate complies with the representations and warranties set forth in the Loan and Security Agreement dated as of April 3, 1997, as may be amended from time to time, between the undersigned and Silicon Valley Bank. COMMENTS: __________________________________________ BANK USE ONLY Received By: __________________________ CONCORD COMMUNICATIONS, INC. Date: _________________________________ Reviewed By: __________________________ Compliance Status: Yes / No __________________________________________ By; ________________________________ Authorized Signer EXHIBIT D --------- COMPLIANCE CERTIFICATE ---------------------- Borrower: Concord Communications, Inc. Lender: Silicon Valley Bank 33 Bxxxxx Xxxx Xxxx Xxxx 3003 Xxxxxx Xxxxx Xxxxxxxx, XX 00000 Santx Xxxxx, XX 000...
TELEPHONE REQUEST. The following person is authorized to request the loan payment transfer/loan advance on the advance designated account and is known to me.
TELEPHONE REQUEST. The following person is authorized to request the loan payment transfer/loan advance on the advance designated account and is known to me. Authorized Requester Phone # Received By (Bank) Phone # Authorized Signature (Bank) EXHIBIT C BORROWING BASE CERTIFICATE Borrower: SABA SOFTWARE, INC. Bank: Silicon Valley Bank 2000 Xxxxxx Xxxxxxx Xxxxxxx Xxxxxx, Xxxxxxxxxx 00000 3000 Xxxxxx Xxxxx Xxxxx Xxxxx, XX 00000 Commitment Amount: $6,000,000 ACCOUNTS RECEIVABLE
TELEPHONE REQUEST. The following person is authorized to request the loan payment transfer/loan advance on the advance designated account and is known to me. Authorized Requester: ____________________________ Authorized Signature (Bank) Phone # _______________________ 36 BORROWING BASE CERTIFICATE EXHIBIT C TO: SILICON VALLEY BANK FROM: HARMONIC LIGHTWAVES, INC. ("Borrower") Commitment Amount: $ ACCOUNTS RECEIVABLE
TELEPHONE REQUEST. The following person is authorized to request the loan payment transfer/loan advance on the advance designated account and is known to me. ------------------------------- ------------------------------- Authorized Requester Phone # ------------------------------- ------------------------------- Received By (Bank) Phone # ------------------------------- Authorized Signature (Bank) Borrower: PACKETEER, INC. Bank: Silicon Valley Bank 3003 Xxxxxx Xxxxx Xxxxx Xxxxx, XX 00000 Xxxmitment Amount: $1,500,000 ACCOUNTS RECEIVABLE 1. Accounts Receivable Book Value as of ____ $ ----------------------- 2. Additions (please explain on reverse) $ ----------------------- 3. TOTAL ACCOUNTS RECEIVABLE $ ----------------------- ACCOUNTS RECEIVABLE DEDUCTIONS (without duplication) 4. Amounts over 90 days due $ ---------------------- 5. Balance of 50% over 90 day accounts $ ---------------------- 6. Credit balances $ ---------------------- 7. Concentration Limits $ ---------------------- 8. Foreign Accounts $ ---------------------- 9. Governmental Accounts $ ---------------------- 10. Contra Accounts $
TELEPHONE REQUEST. The following person is authorized to request the loan payment transfer/loan advance on the advance designated account and is known to me. Authorized Requester Phone # Received By (Bank) Phone # Authorized Signature (Bank) EXHIBIT C TRANSACTION REPORT See attached. EXHIBIT D COMPLIANCE CERTIFICATE TO: SILICON VALLEY BANK FROM: DEMANDTEC, INC The undersigned authorized officer of DEMANDTEC, INC. (“Borrower”) certifies that under the terms and conditions of the Loan and Security Agreement between Borrower and Bank (the “Agreement”), (i) Borrower is in complete compliance for the period ending with all required covenants except as noted below and (ii) all representations and warranties in the Agreement are true and correct in all material respects on this date. In addition, the undersigned authorized officer of Borrower certifies that Borrower and each Subsidiary (i) has timely filed all required tax returns and paid, or made adequate provision to pay, all material taxes, except those being contested in good faith with adequate reserves under GAAP and (ii) does not have any legal actions pending or threatened against Borrower or any Subsidiary which Borrower has not previously notified in writing to Bank. Attached are the required documents supporting the certification. The Officer certifies that these are prepared in accordance with Generally Accepted Accounting Principles (GAAP) consistently applied from one period to the next except as explained in an accompanying letter or footnotes. The Officer acknowledges that no borrowings may be requested at any time or date of determination that Borrower is not in compliance with any of the terms of the Agreement, and that compliance is determined not just at the date this certificate is delivered. Please Indicate compliance status by circling Yes/No under “Complies” column. Reporting Covenant Required Complies Monthly financial statements + CC Monthly within 30 days Yes No Annual (Audited) FYB within 180 days Yes No A/R, A/P Agings & Deferred Rev. Monthly within 30 days Yes No A/R Audit Semi-annual Yes No Transaction Report Monthly within 30 days* Yes No Bookings Report Quarterly within 30 days Yes No Projections Annually within 30 days * During the Trigger Period, the Transaction Report is due weekly Revolving Advance Limit and Interest Rate Determination Required Actual Complies Quick Ratio (Adjusted)* 1.50: 1.00 : 1.00 Yes No * If greater than 1.50:1.00, the Borrowing Base includes the $3,000,000 non-formula lim...
TELEPHONE REQUEST. The following person is authorized to request the loan payment transfer/loan advance on the advance designated account and is known to me. Authorized Requester Phone # Received By (Bank) Phone # Authorized Signature (Bank) EXHIBIT C BORROWING BASE CERTIFICATE Borrower: CHIPX, INCORPORATED Lender: Bridge Bank, N.A Commitment Amount: $2,000,000 ACCOUNTS RECEIVABLE
TELEPHONE REQUEST. Requesting a credit advance from your Ready Reserve Credit Line to be applied to your designated account by telephone. Except for transactions covered by the federal Electronic Fund Transfers Act and unless otherwise agreed in your deposit account agreement, you acknowledge and you agree that we do not accept responsibility for the authenticity of telephone instructions and that we will not be liable for any loss, expense, or cost arising out of any telephone request, including any fraudulent or unauthorized telephone request, when acting upon such instructions believed to be genuine.
