Common use of USING THE ACCOUNT Clause in Contracts

USING THE ACCOUNT. All loans and advances from the Loan Account are referred to in this Agreement as “Loans”. Loan requests must be by telephone and confirmed in writing (including by facsimile and email) by the Company and Sun Capital Partners V, L.P. (“Sun V”) and shall be sent to the Company’s BMO Xxxxxx Financing, Inc. Account Officer or Client Services Officer no later than 1:00 p.m. (Chicago time) on the date of the proposed borrowing in order to be honored the same day. Loan proceeds shall be credited to the Company’s deposit account at BMO Xxxxxx Bank N.A. unless the Lender is directed otherwise by special written directions from the Company. The amount of each Loan requested shall be at least the minimum amount shown above, and the Lender shall have the right to refuse to honor any Loan requested by the Company which is less than that minimum amount, even if the Lender has previously honored a Loan request for less than the minimum amount. The Company shall not request any Loan or letter of credit which, when taken together with the Loans or principal amount of letters of credit then outstanding, would exceed the Maximum Credit. The Company shall furnish to the Lender certificates in the form of Exhibit A attached to the Guaranty of Sun V described in Section 5 hereof at the times set forth in such Guaranty, properly completed and duly certified by Sun V. If Loans or letters of credit are secured directly or indirectly by securities traded on a national exchange or by other “margin stock” (as defined by the Federal Reserve Board in Regulation U), then the Company promises to furnish the Lender a duly executed and completed Form U-1 statement and agrees that the proceeds of Loans or other extensions of credit from the Loan Account will not be used to purchase or carry stock, convertible bonds or warrants unless the Company has obtained the prior written consent of the Lender. Loans and letters of credit will be made available from the Loan Account subject to the Lender’s approval on a case-by-case basis as and when Loans and letters of credit are requested by the Company. All Loans and letters of credit shall be made against and evidenced by the Company’s promissory note payable to the order of the Lender in the principal amount of $14,900,000, such note to be in the form of Exhibit A attached hereto (the “Note”). The Lender agrees that notwithstanding the fact that the Note is in the principal amount of $14,900,000, it shall evidence only the actual unpaid principal balance of Loans made under the Loan Account and stated amount of letters of credit issued pursuant hereto. All Loans and other extensions of credit made against the Note and the status of all amounts evidenced by the Note shall be recorded by the Lender on its books and records or, at its option in any instance, endorsed on a schedule to the Note and the unpaid principal balance and status and rates so recorded or endorsed by the Lender shall be prima facie evidence in any court or other proceeding brought to enforce the Note of the principal amount remaining unpaid thereon, the status of the Loans and other extensions of credit evidenced thereby and the interest rates applicable thereto, absent manifest error; provided that the failure of the Lender to record any of the foregoing shall not limit or otherwise affect the obligation of the Company to repay the principal amount of the Note together with accrued interest thereon. The Lender agrees that if it transfers or assigns the Note, the Lender will stamp thereon a statement of the actual principal amount evidenced thereby at the time of transfer. The Company agrees that in any action or proceeding instituted to collect or enforce collection of the Note, the amount shown as owing the Lender on its records shall be prima facie evidence of the unpaid balance of principal and interest on the Note, absent manifest error.

USING THE ACCOUNT. All loans and advances from the Loan Account are referred to in this Agreement as “Loans”. Loan requests must be by telephone and confirmed in writing (including by facsimile and email) by the Company and Sun Capital Partners V, L.P. (“Sun V”facsimile) and shall be sent to the Company’s BMO Xxxxxx Financing, Inc. Bank of Montreal Account Officer or Client Services Officer no later than 1:00 p.m. (Chicago time) on the date of the proposed borrowing in order to be honored the same day. Loan proceeds shall be credited to the Company’s deposit account at BMO Xxxxxx Bank N.A. the Lender unless the Lender is directed otherwise by special written directions from the Company. The amount of each Loan requested shall be at least the minimum amount shown above, and the Lender shall have the right to refuse to honor any Loan requested by the Company which is less than that the minimum amount, even if the Lender has previously honored a Loan request for less than the minimum amount. The Company shall not request any Loan or letter of credit which, when taken together with the Loans or and principal amount of letters of credit then outstanding, would exceed the Maximum Credit. The Company shall furnish to the Lender certificates in the form of Exhibit A attached to the Guaranty of Sun V described in Section 5 hereof at the times set forth in such Guaranty, properly completed and duly certified by Sun V. If Loans or letters of credit are secured directly or indirectly by securities traded on a national exchange or by other “margin stock” (as defined by the Federal Reserve Board in Regulation U), then the Company promises to furnish the Lender a duly executed and completed Form U-1 statement and agrees that the proceeds of Loans or other extensions of credit from the Loan Account will not be used to purchase or carry stock, convertible bonds or warrants unless the Company has obtained the prior written consent of the Lender. In no event shall the proceeds of any Loans be utilized to finance participation in a hostile tender offer or similar transaction or to finance an acquisition of securities in anticipation of such a hostile transaction. Loans and letters of credit will be made available from the Loan Account subject to the Lender’s approval on a case-by-case basis as and when Loans and letters of credit are requested by the Company. All Loans and letters of credit shall be made against and evidenced by the Company’s promissory note payable to the order of the Lender in the principal amount of $14,900,00020,000,000, such note to be in the form of Exhibit A attached hereto (the “Note”). The Lender agrees that notwithstanding the fact that the Note is in the principal amount of $14,900,00020,000,000, it shall evidence only the actual unpaid principal balance of Loans made under the Loan Account and stated amount of the unpaid reimbursement obligations under letters of credit issued pursuant hereto. All Loans and other extensions of credit made against the Note and the status of all amounts evidenced by the Note shall be recorded by the Lender on its books and records or, at its option in any instance, endorsed on a schedule to the Note and the unpaid principal balance and status and rates so recorded or endorsed by the Lender shall be prima facie evidence in any court or other proceeding brought to enforce the Note of the principal amount remaining unpaid thereon, the status of the Loans and other extensions of credit evidenced thereby and the interest rates applicable thereto, absent manifest error; provided that the failure of the Lender to record any of the foregoing shall not limit or otherwise affect the obligation of the Company to repay the principal amount of the Note together with accrued interest thereon. The Lender agrees that if it transfers or assigns the Note, the Lender will stamp thereon a statement of the actual principal amount evidenced thereby at the time of transfer. The Company agrees that in any action or proceeding instituted to collect or enforce collection of the Note, the amount shown as owing the Lender on its records shall be prima facie evidence of the unpaid balance of principal and interest on the Note, absent manifest error.

USING THE ACCOUNT. All loans and advances from the Loan Account are referred to in this Agreement as “Loans”. Loan requests must be by telephone and confirmed in writing (including by facsimile and email) by the Company and Sun Capital Partners V, L.P. (“Sun V”or e-mail) and shall be sent to the Company’s BMO Xxxxxx Financing, Inc. Bank N.A. Account Officer or Client Services Officer no later than 1:00 p.m. (Chicago Chicago, Illinois time) on the date of the proposed borrowing in order to be honored the same day. Loan proceeds shall be credited distributed as provided in the applicable executed Loan Request and Direction to the Company’s deposit account at BMO Xxxxxx Bank N.A. unless the Lender is directed otherwise by special written directions Pay Proceeds from the Company. The amount of each Loan requested shall be at least the minimum amount Minimum Amount shown above, and the Lender shall have the right to refuse to honor any Loan requested by the Company which is less than that minimum amountMinimum Amount, even if the Lender has previously honored a Loan request for less than the minimum amountMinimum Amount. The Company shall not request any Loan or letter of credit which, when taken together with the Loans or and principal amount of letters of credit hereunder then outstanding, outstanding would exceed the Amount of Maximum Credit. The Company shall furnish to the Lender certificates in the form of Exhibit A attached to the Guaranty of Sun V described in Section 5 hereof at the times set forth in such Guaranty, properly completed and duly certified by Sun V. If Loans or letters of credit are secured directly or indirectly by securities traded on a national exchange or by other “margin stock” (as defined by the Federal Reserve Board in Regulation U), then the Company promises to furnish to the Lender a duly executed and completed Form U-1 statement and agrees that the proceeds of Loans or other extensions of credit from the Loan Account will not be used to purchase or carry margin stock, convertible bonds or warrants unless the Company has obtained the prior written consent of the Lender. In no event shall the proceeds of any Loans be utilized to finance participation in a hostile tender offer or similar transaction or to finance an acquisition of securities in anticipation of such a hostile transaction. Loans and letters of credit will be made available from the Loan Account subject to the Lender’s approval on a case-by-case basis as and when Loans and letters of credit are requested by the Company. All Loans and letters of credit shall be made against and evidenced by the Company’s promissory demand note payable to the order of the Lender in the principal amount of $14,900,000Lender, such note to be in the form of Exhibit A attached hereto (the “Note”). The Lender agrees that notwithstanding the fact that the Note is in the principal amount of $14,900,000, it shall evidence only the actual unpaid principal balance of Loans made under the Loan Account and the stated amount of letters of credit issued pursuant heretothereto. All Loans and other extensions of credit made against the Note and the status of all amounts evidenced by the Note shall be recorded by the Lender on its books and records or, or at its option in any instance, endorsed on a schedule to the Note and the unpaid principal balance and status and rates so recorded or endorsed by the Lender shall be prima facie evidence in any court or other proceeding brought to enforce the Note of the principal amount remaining unpaid thereon, the status of the Loans and other extensions of credit evidenced thereby and the interest rates applicable thereto, absent manifest error; provided that the failure of the Lender to record any of the foregoing shall not limit or otherwise affect the obligation of the Company to repay the principal amount of the Note together with accrued interest thereon. The Lender agrees that if it transfers or assigns the Note, the Lender will stamp thereon a statement of the actual principal amount evidenced thereby at the time of transfer. The Company agrees that in any action or proceeding instituted to collect or enforce collection of the Note, the amount shown as owing the Lender on its records shall be prima facie evidence of the unpaid balance of principal and interest on the Note, absent manifest error.

USING THE ACCOUNT. All loans and advances from the Loan Account are referred to in this Agreement as “Loans”. Loan requests must be made in writing or by telephone and confirmed in writing (including by facsimile and emailor e‑mail) by the Company and and, if required, Sun Capital Partners V, L.P. (the “Sun VGuarantor”) and shall be sent to the Company’s BMO Xxxxxx Financing, Inc. Bank of Montreal Account Officer or Client Services Officer no later than 1:00 p.m. (Chicago time) on the date of the proposed borrowing in order to be honored the same day. Loan proceeds shall be credited to the Company’s deposit account at BMO Xxxxxx Bank N.A. unless the Lender is directed otherwise by special written directions from the Company. The amount of each Loan requested shall be at least the minimum amount shown above, and the Lender shall have the right to refuse to honor any Loan requested by the Company which is less than that minimum amount, even if the Lender has previously honored a Loan request for less than the minimum amount. The Company shall not request any Loan or letter of credit which, when taken together with the Loans or principal amount of letters of credit then outstandingOutstanding Obligations, would exceed the Maximum Credit. The Company shall furnish to the Lender certificates in the form of Exhibit A attached to the Sun Guaranty of Sun V described in Section 5 4 hereof at the times set forth in such the Sun Guaranty, properly completed and duly certified by the Sun V. Guarantor. If Loans or letters of credit are secured directly or indirectly by securities traded on a national exchange or by other “margin stock” (as defined by the Federal Reserve Board in Regulation U), then the Company promises to furnish the Lender a duly executed and completed Form U-1 U‑1 statement and agrees that the proceeds of Loans or other extensions of credit from the Loan Account will not be used to purchase or carry stock, convertible bonds or warrants unless the Company has obtained the prior written consent of the Lender. In no event shall the proceeds of any Loans be utilized to finance participation in a hostile tender offer or similar transaction or to finance an acquisition of securities in anticipation of such a hostile transaction. Loans and letters of credit will be made available from the Loan Account subject to the Lender’s approval on a case-by-case basis as and when Loans and letters of credit are requested by the Company. All Loans and letters of credit shall be made against and evidenced by the Company’s promissory note payable to the order of the Lender in the principal amount of $14,900,000, such note to be in the form of Exhibit A attached hereto (the “Note”). The Lender agrees that notwithstanding the fact that the Note is in the principal amount of $14,900,000, it shall evidence only the actual unpaid principal balance of Loans made under the Loan Account and stated amount of letters of credit issued Outstanding Obligations pursuant hereto. All Loans and other extensions of credit made against the Note and the status of all amounts evidenced by the Note shall be recorded by the Lender on its books and records or, at its option in any instance, endorsed on a schedule to the Note and the unpaid principal balance and status and rates so recorded or endorsed by the Lender shall be prima facie evidence in any court or other proceeding brought to enforce the Note of the principal amount remaining unpaid thereon, the status of the Loans and other extensions of credit evidenced thereby and the interest rates applicable thereto, absent manifest error; provided that the failure of the Lender to record any of the foregoing shall not limit or otherwise affect the obligation of the Company to repay the principal amount of the Note together with accrued interest thereon. The Lender agrees that if it transfers or assigns the Note, the Lender will stamp thereon a statement of the actual principal amount evidenced thereby at the time of transfer. The Company agrees that in any action or proceeding instituted to collect or enforce collection of the Note, the amount shown as owing the Lender on its records shall be prima facie evidence of the unpaid balance of principal and interest on the Note, absent manifest error.

USING THE ACCOUNT. All loans and advances from the Loan Account are referred to in this Agreement as “Loans”. Loan requests must be by telephone and confirmed in writing (including by facsimile and emailfacsimile) or by the Company and Sun Capital Partners V, L.P. (“Sun V”) telephone and shall be sent to the Company’s BMO Xxxxxx Financing, Inc. Account Officer on or Client Services Officer no later than 1:00 p.m. (Chicago time) on before the date of the such proposed borrowing in order to be honored the same dayborrowing. Loan proceeds shall be credited to the Company’s deposit account at BMO Xxxxxx the Bank N.A. unless the Lender Bank is directed otherwise by special written directions from the Company. The amount of each Loan loan requested shall be at least the minimum amount shown above, and the Lender Bank shall have the right to refuse to honor any Loan loan requested by the Company which is less than that minimum amount, even if the Lender Bank has previously honored a Loan loan request for less than the minimum amount. The Company shall not request any Loan or letter of credit which, when taken together with the Loans or principal amount of letters of credit then outstanding, would exceed the Maximum Credit. The Upon each request for a Loan, the Company shall furnish to the Lender Bank certificates in the form of Exhibit A attached to the Guaranty of Sun V described in Section 5 hereof at the times set forth in such GuarantyB hereto, properly completed and duly certified by Sun V. Capital Partners II, LP. If Loans or letters of credit are secured directly or indirectly by securities traded on a national exchange or by other “margin stock” (as defined by the Federal Reserve Board in Regulation U), then the Company promises to furnish the Lender Bank a duly executed and completed Form U-1 statement and agrees that the proceeds of Loans or other extensions of credit from the Loan Account will not be used to purchase or carry stock, convertible bonds or warrants unless the Company has obtained the prior written consent of the LenderBank. Loans and letters of credit will be made available from the Loan Account subject to the LenderBank’s approval on a caseloan-by-case loan basis as and when Loans and letters of credit are requested by the Company. All Loans and letters of credit shall be made against and evidenced by the Company’s promissory note payable to the order of the Lender Bank in the principal amount of $14,900,0004,200,000, such note to be in the form of Exhibit A attached hereto (the “Note”). The Lender Bank agrees that notwithstanding the fact that the Note is in the principal amount of $14,900,0004,200,000, it shall evidence only the actual unpaid principal balance of Loans made under the Loan Account and stated amount of letters of credit issued pursuant heretoAccount. All Loans and other extensions of credit made against the Note and the status of all amounts evidenced by the Note shall be recorded by the Lender Bank on its books and records or, at its option in any instance, endorsed on a schedule to the Note and the unpaid principal balance and status and rates so recorded or endorsed by the Lender Bank shall be prima facie evidence in any court or other proceeding brought to enforce the Note of the principal amount remaining unpaid thereon, the status of the Loans and other extensions of credit evidenced thereby and the interest rates applicable thereto, absent manifest error; provided that the failure of the Lender Bank to record any of the foregoing shall not limit or otherwise affect the obligation of the Company to repay the principal amount of the Note together with accrued interest thereon. The Lender Bank agrees that if it transfers or assigns the Note, the Lender Bank will stamp thereon a statement of the actual principal amount evidenced thereby at the time of transfer. The Company agrees that in any action or proceeding instituted to collect or enforce collection of the Note, the amount shown as owing the Lender Bank on its records shall be prima facie evidence of the unpaid balance of principal and interest on the Note, absent manifest error.