Common use of Treasury Yield Clause in Contracts

Treasury Yield. The undersigned hereby certify that (i) the representations, warranties and covenants contained in the Agreement are true and correct as of the date hereof, (ii) each Borrower (as defined in the Agreement) has performed all agreements contained in the Agreement to be performed on its part at or prior to the date hereof, (iii) no Event of Default has occurred and is continuing and no fact, condition or event exists or has occurred which would, upon the giving of notice or the passage of time or both, constitute an Event of Default and (iv) no proceeding is pending which would prohibit consummation of the transactions contemplated by the Agreement. The undersigned further certify that the Equipment being purchased and/or for which purchase Hypercom is seeking reimbursement with the proceeds of the Advance, and the Contracts related to such Equipment (such Equipment and Contracts constitute being part of the Collateral in which Hypercom will grant a security interest to Lender in connection with the Advance) are described in Schedule A attached hereto. All of the information set forth opposite the description of the Equipment and Contracts in Schedule A is true and correct. Hypercom hereby instructs Lender to disburse the proceeds of the Advance by wire transfer of immediately available funds to the account and bank indicated below: 64 Account No. _______________________ Bank ______________________________ Bank Address ______________________ ___________________________________ ___________________________________ ABA No. ___________________________ Capitalized terms used but not defined herein have the meanings set forth in the Agreement. HYPERCOM CORPORATION GOLDEN EAGLE LEASING, INC. By: _______________________________ By: ____________________________________ Name: _____________________________ Name: Title: Title:

Appears in 1 contract

Sources: Warehouse and Security Agreement (Hypercom Corp)

Treasury Yield. The undersigned hereby certify that (i) the representations, warranties and covenants contained in the Agreement are true and correct as of the date hereof, (ii) each Borrower (as defined in the Agreement) has performed all agreements contained in the Agreement to be performed on its part at or prior to the date hereof, (iii) no Event of Default has occurred and is continuing and no fact, condition or event exists or has occurred which would, upon the giving of notice or the passage of time or both, constitute an Event of Default and (iv) no proceeding is pending which would prohibit consummation of the transactions contemplated by the Agreement. The undersigned further certify that the Equipment being purchased and/or for which purchase Hypercom is seeking reimbursement with the proceeds of the Advance, and the Contracts related to such Equipment (such Equipment and Contracts constitute being part of the Collateral in which Hypercom will grant a security interest to Lender in connection with the Advance) are described in Schedule A attached hereto. All of the information set forth opposite the description of the Equipment and Contracts in Schedule A is true and correct. 46 Hypercom hereby instructs Lender to disburse the proceeds of the Advance by wire transfer of immediately available funds to the account and bank indicated below: 64 Account No. __________________________ Bank _________________________________ Bank Address _________________________ ______________________________________ ______________________________________ ABA No. ______________________________ Capitalized terms used but not defined herein have the meanings set forth in the Agreement. HYPERCOM CORPORATION GOLDEN EAGLE LEASINGHYPERCOM FINANCIAL, INC. By: _______________________________ By: ____________________________________ Name: _____________________________ Name: Title: Title:: 47 SCHEDULE A TO BORROWING REQUEST

Appears in 1 contract

Sources: Warehouse and Security Agreement (Hypercom Corp)