Common use of Loan Requests Clause in Contracts

Loan Requests. The Borrower shall notify, by written notice or e-mail in the form of Exhibit B attached hereto and made a part hereof (each such notice, a "Loan Request"), such person at the Bank as the Bank may, from time to time, instruct the Borrower, by 2:00 p.m. (Eastern Time) on each day on which the Borrower desires to obtain a Loan hereunder, which day must be a Business Day, specifying the amount of the Loan desired. Any such e-mail shall be only from the confirmed e-mail address of an Authorized Officer and include approval by such Authorized Officer of an attached Loan Request (whether or not signed, and if not signed being deemed to incorporate as accepted by the Borrower all terms and conditions of such Loan Request form). Notwithstanding the foregoing sentence, the Borrower may verbally request a Loan hereunder, provided that the Borrower shall, on the same day, send the Bank by e-mail or telecopy a follow-up Loan Request in respect thereof. In no event shall the Borrower request any Loan which, if advanced, would cause the aggregate principal amount of the Loans outstanding to exceed the Available Facility. Each e-mail or verbal request for a Loan hereunder shall be deemed to include, and each written request shall include, a representation that all of the representations and warranties made by the Borrower in the Loan Documents are and will be, after giving effect to the requested Loan, true and complete, that all the conditions precedent to such Loan as set forth in Section 6 hereof have been satisfied, and that the proceeds of the Loan will not be used for any purpose that is not permitted hereunder. Each advance of Loan proceeds hereunder shall be in a minimum amount of $1,000.00.

Appears in 3 contracts

Sources: Loan Agreement (Thompson Im Funds Inc), Loan Agreement (Thompson Im Funds Inc), Loan Agreement (Thompson Im Funds Inc)

Loan Requests. The Borrower shall notify, by written notice or e-mail in the form of Exhibit B attached hereto and made a part hereof as Exhibit D (each such notice, a "Loan Request"), such person at the Bank as the Bank may, from time to time, instruct the Borrower, by 2:00 p.m. (Eastern Time) on each day on which the Borrower desires to obtain a Loan hereunder, which day must be a Business Day, specifying the amount of the Loan desired. Any such e-mail shall be only from the confirmed e-mail address of an Authorized Officer and include approval by such Authorized Officer of an attached Loan Request (whether or not signed, and if not signed being deemed to incorporate as accepted by the Borrower all terms and conditions of such Loan Request form). Notwithstanding the foregoing sentence, the Borrower may verbally request a Loan hereunder, provided that the Borrower shall, on the same day, send the Bank by e-mail or telecopy a follow-up Loan Request in respect thereof. In no event shall the Borrower request any Loan which, if advanced, would cause the aggregate principal amount of the Loans outstanding to exceed the Available Facility. Each e-mail or verbal request for a Loan hereunder shall be deemed to include, and each written request shall include, a representation that all of the representations and warranties made by the Borrower in the Loan Documents are and will be, after giving effect to the requested Loan, true and completecorrect, that all the conditions precedent to such Loan as set forth in Section 6 hereof have been satisfied, and that the proceeds of the Loan will not be used for any purpose that is not permitted hereunder. Each advance of Loan proceeds hereunder shall be in a minimum amount of $1,000.00.

Appears in 3 contracts

Sources: Loan Agreement (Manager Directed Portfolios), Loan Agreement (City National Rochdale Strategic Credit Fund), Loan Agreement (MSS Series Trust)

Loan Requests. The A request for a Revolving Loan shall be made or shall be deemed to be made, each in the following manner: (i) Borrower shall notify, by written notice or e-mail in the form of Exhibit B attached hereto and made a part hereof (each such give LaSalle same day notice, no later than 10:30 A.M. (Chicago time) of such day, of its intention to borrow a "Loan Request")Revolving Loan, such person at the Bank as the Bank may, from time to time, instruct the Borrower, by 2:00 p.m. (Eastern Time) on each day on in which the notice Borrower desires to obtain a Loan hereunder, which day must be a Business Day, specifying shall specify the amount of the Loan desired. Any proposed borrowing and the proposed borrowing date; provided, however, that no such e-mail request may be made at a time when there exists a Default or an Event of Default; and (ii) the coming due of any amount required to be paid under this Agreement or any Note, whether on account of interest or for any other Liability, shall be deemed irrevocably to be a request for a Revolving Loan on the due date thereof in the amount required to pay such interest or other Liability. As an accommodation to Borrower, LaSalle may permit telephone requests for Revolving Loans and electronic transmittal of instructions, authorizations, agreements or reports to LaSalle by Borrower; provided that telephone requests or electronic transmittals may be made only from the confirmed e-mail address of an Authorized Officer and include approval by such Authorized Officer of an attached Loan Request (whether or not signed, and if not signed being deemed to incorporate persons as accepted by the Borrower all terms and conditions of such Loan Request form). Notwithstanding the foregoing sentence, the Borrower may verbally from time to time designate in writing to LaSalle (it being understood that LaSalle shall be entitled to rely upon such designation until LaSalle receives and has a reasonable opportunity to act upon the Borrower's written amendment or retraction of such designation), and provided further that LaSalle will not accept a telephone or electronic request to change the account number into which proceeds from the Revolving Loans are deposited by LaSalle. Unless Borrower specifically directs LaSalle in writing not to accept or act upon telephonic or electronic communications from Borrower, LaSalle shall have no liability to Borrower for any loss or damage suffered by Borrower as a Loan hereunderresult of LaSalle's honoring of any requests, provided that execution of any instructions, authorizations or agreements or reliance on any reports communicated to it telephonically or electronically and purporting to have been sent to LaSalle by Borrower and LaSalle shall have no duty to verify the Borrower shall, on origin of any such communication or the same day, send the Bank by e-mail or telecopy a follow-up Loan Request in respect thereof. In no event shall the Borrower request any Loan which, if advanced, would cause the aggregate principal amount authority of the Loans outstanding to exceed the Available FacilityPerson sending it. Each e-mail or verbal request for a Loan hereunder notice of borrowing shall be deemed to include, irrevocable by and each written request shall include, a representation that all of the representations and warranties made by the Borrower in the Loan Documents are and will be, after giving effect to the requested Loan, true and complete, that all the conditions precedent to such Loan as set forth in Section 6 hereof have been satisfied, and that the proceeds of the Loan will not be used for any purpose that is not permitted hereunder. Each advance of Loan proceeds hereunder shall be in a minimum amount of $1,000.00binding on Borrower.

Appears in 2 contracts

Sources: Loan and Security Agreement (Nematron Corp), Loan and Security Agreement (Nematron Corp)

Loan Requests. The Borrower shall notify, by written notice or e-mail in the form of attached hereto as Exhibit B attached hereto and made a part hereof (each such notice, a "Loan Request"), such person at the Bank as the Bank may, from time to time, instruct the Borrower, by 2:00 p.m. (Eastern Time) on each day on which the Borrower desires to obtain a Loan hereunder, which day must be a Business Day, specifying the amount of the Loan desired. Any such e-mail shall be only from the confirmed e-mail address of an Authorized Officer and include approval by such Authorized Officer of an attached Loan Request (whether or not signed, and if not signed being deemed to incorporate as accepted by the Borrower all terms and conditions of such Loan Request form). Notwithstanding the foregoing sentence, the Borrower may verbally request a Loan hereunder, whether up to the initial Maturity Date or for a new Maturity Date, provided that the Borrower shall, on the same day, send the Bank by e-mail or telecopy a follow-up Loan Request in respect thereof. In no event shall the Borrower request any Loan loan which, if advanced, would cause the aggregate principal amount of the Loans outstanding to exceed the Available Facility. Each e-mail or verbal request for a Loan hereunder shall be deemed to include, and each written request shall include, a representation that all of the representations and warranties made by the Borrower in the Loan Documents are and will be, after giving effect to the requested Loan, true and complete, that all the conditions precedent to such Loan as set forth in Section 6 hereof have been satisfied, and that the proceeds of the Loan will not be used for any purpose that is not permitted hereunder. Each advance of Loan proceeds hereunder shall be in a minimum amount of $1,000.00.

Appears in 2 contracts

Sources: Loan Agreement (Community Reinvestment Act Qualified Investment Fund), Loan Agreement (Thompson Plumb Funds Inc)

Loan Requests. The Borrower shall notify, by written notice or e-mail in the form of Exhibit B attached hereto and made a part hereof as Exhibit D (each such notice, a "Loan Request"), such person at the Bank as the Bank may, from time to time, instruct the Borrower, by 2:00 p.m. (Eastern Time) on each day on which the Borrower desires to obtain a Loan hereunder, which day must be a Business Day, specifying the amount of the Loan desired. Any such e-mail shall be only from the confirmed e-mail address of an Authorized Officer and include approval by such Authorized Officer of an attached Loan Request (whether or not signed, and if not signed being deemed to incorporate as accepted by the Borrower all terms and conditions of such Loan Request form). Notwithstanding the foregoing sentence, the Borrower may verbally request a Loan hereunder, whether up to the initial Maturity Date or for a new Maturity Date, provided that the Borrower shall, on the same day, send the Bank by e-mail or telecopy a follow-up Loan Request in respect thereof. In no event shall the Borrower request any Loan loan which, if advanced, would cause the aggregate principal amount of the Loans outstanding to exceed the Available Facility. Each e-mail or verbal request for a Loan hereunder shall be deemed to include, and each written request shall include, a representation representa­tion that all of the representations and warranties made by the Borrower in the Loan Documents are and will be, after giving effect to the requested Loan, true and complete, that all the conditions precedent to such Loan as set forth in Section 6 hereof have been satisfied, and that the proceeds of the Loan will not be used for any purpose that is not permitted hereunderunder the Fund Statement and the Prospectus. Each advance of Loan proceeds hereunder shall be in a minimum amount of $1,000.00.

Appears in 2 contracts

Sources: Loan Agreement (MSS Series Trust), Loan Agreement (MSS Series Trust)

Loan Requests. The Borrower Trust, on behalf of a Borrowing Fund, shall notify, by written notice or e-mail in the form of Exhibit B F, attached hereto and made a part hereof (each such notice, a "Loan Request"), such person at the Bank as the Bank may, from time to time, instruct the BorrowerTrust, by 2:00 p.m. (Eastern Time) on each day on which the Borrower Trust desires to that a Fund obtain a Loan hereunder, which day must be a Business Day, specifying the amount of the Loan desireddesired and the Fund borrowing the Loan. Any such e-mail shall be only from the confirmed e-mail address of an Authorized Officer who is an executive officer of the Trust (or other person designated by such an Authorized Officer as authorized to request advances and direct repayments under the Loan Agreement) and include approval by such Authorized Officer (or such other authorized person) of an attached Loan Request (whether or not signed, and if not signed being deemed to incorporate as accepted by the Borrower Borrowing Fund all terms and conditions of such Loan Request form). Notwithstanding the foregoing sentence, the Borrower Trust may verbally request a Loan hereunder, provided that the Borrower Trust shall, on the same day, send the Bank by e-mail or telecopy a follow-up Loan Request in respect thereof. The Bank may rely upon, and shall incur no liability for relying upon, any oral or written request the Bank believes to be genuine and to have been signed, sent or made by such an Authorized Officer or such other authorized person. In no event shall the Borrower Trust request any Loan which, if advanced, would cause the aggregate principal amount of the all Loans outstanding to exceed the Available Facilityapplicable Borrowing Fund Limit or Maximum Amount. Each e-mail or verbal request for a Loan hereunder shall be deemed to include, and each written request shall include, a representation that all of the representations and warranties made by the Borrower Trust with respect to the applicable Fund in the Loan Documents are and will be, after giving effect to the requested Loan, true and completecorrect, that all the conditions precedent to such Loan as set forth in Section 6 hereof have been satisfied, and that the proceeds of the Loan will not be used for any purpose that is not permitted hereunder. Each advance of Loan proceeds hereunder shall be in a minimum amount of $1,000.00.

Appears in 1 contract

Sources: Loan Agreement (EA Series Trust)

Loan Requests. The Borrower shall notify, by written notice or e-mail in the form of Exhibit B E, attached hereto and made a part hereof (each such notice, a "Loan Request"), to such person at the Bank as the Bank may, from time to time, instruct the BorrowerFunds, by 2:00 p.m. (Eastern Time) on each day on which one or more of the Borrower desires Funds desire to obtain a Loan hereunder, which day must be a Business Day, specifying the amount of the Loan desired. Any such e-mail shall be only from desired and the confirmed e-mail address of an Authorized Officer and include approval by such Authorized Officer of an attached Loan Request (whether or not signed, and if not signed being deemed to incorporate as accepted by Fund borrowing the Borrower all terms and conditions of such Loan Request form)Loan. Notwithstanding the foregoing sentence, the Borrower a Fund may verbally request a Loan hereunder, whether up to the initial Maturity Date or for a new Maturity Date, provided that the Borrower such Fund shall, on the same day, send the Bank by e-mail or telecopy a follow-up Loan Request in respect thereof. In no event shall the Borrower a Fund request any Loan loan which, if advanced, would cause the aggregate principal amount of the all Loans outstanding to exceed the Available FacilityMaximum Amount. Each e-mail or verbal request for a Loan hereunder shall be deemed to include, and each written request shall include, a representation representa­tion that all of the representations and warranties made by the Borrower requesting Fund in the Loan Documents are and will be, after giving effect to the requested Loan, true and complete, that all the conditions precedent to such Loan as set forth in Section 6 hereof have been satisfied, and that the proceeds of the Loan will not be used for any purpose that is not permitted hereunder. Each advance of Loan proceeds hereunder shall be in a minimum amount of $1,000.00.

Appears in 1 contract

Sources: Loan Agreement (Baird Funds Inc)

Loan Requests. The (a) Subject to the provisions of the within Agreement, a loan or advance under the Revolving Credit duly and timely requested by the Borrower shall notifybe made pursuant hereto, provided that: (i) Maximum Loan Exposure will not be exceeded; and (ii) The Revolving Credit has not been suspended as provided in Section 2-5(f). Loans under the Revolving Credit which are requested by 1:00PM on a Business Day will be made by the end of business on that Business Day; otherwise, by written notice or e-mail the end of the then next Business Day. (b) Requests for loans and advances under the Revolving Credit, each in the form an amount of Exhibit B attached hereto and made a part hereof not less than Ten Thousand Dollars (each such notice, a "Loan Request"$10,000.00), may be requested by the Borrower in such person at the Bank manner as the Bank may, may from time to timetime be reasonably acceptable to the Agent. (c) If, instruct during the BorrowerFifteen (15) days immediately preceding the day on which a loan request is made there has been no unpaid principal balance in the Loan Account on account of loans and advances under the Revolving Credit, by 2:00 p.m. the loan so requested shall be made (Eastern Timesubject to all other provisions of the within Agreement) on each no later than the Fifth Business Day after (and not counting) the day on which the Borrower desires loan otherwise would have been made as provided above. (d) The Agent may rely on any request for a loan or advance, or other financial accommodation under the Revolving Credit which the Agent, in good faith, believes to obtain have been made by a Loan hereunder, which day must be a Business Day, specifying the amount person duly authorized to act on behalf of the Loan desired. Any Borrower and may decline to make any such requested loan or advance, or issuance, or to provide any such financial accommodation pending the Agent's being furnished with such documentation concerning that person's authority to act as may be reasonably satisfactory to the Agent. (e-mail shall be only from the confirmed e-mail address of an Authorized Officer and include approval by such Authorized Officer of an attached Loan Request (whether or not signed, and if not signed being deemed to incorporate as accepted ) A request by the Borrower all terms and conditions of such Loan Request form). Notwithstanding the foregoing sentence, the Borrower may verbally request a Loan hereunder, provided that the Borrower shall, on the same day, send the Bank by e-mail or telecopy a follow-up Loan Request in respect thereof. In no event shall the Borrower request any Loan which, if advanced, would cause the aggregate principal amount of the Loans outstanding to exceed the Available Facility. Each e-mail or verbal request for a Loan hereunder loan or advance, or other financial accommodation under the Revolving Credit shall be deemed to include, irrevocable and each written request shall include, a representation that all of the representations and warranties made constitute certification by the Borrower that as of the date of such request, each of the following is true and correct: (i) There has been no material adverse change in the Loan Documents are and will be, after giving effect Borrower's financial condition from the most recent financial information furnished Agent or any Lender pursuant to the requested Loan, true and complete, that all the conditions precedent to such Loan as set forth in Section 6 hereof have been satisfied, and that the proceeds of the Loan will not be used for any purpose that is not permitted hereunder. Each advance of Loan proceeds hereunder shall be in a minimum amount of $1,000.00this Agreement.

Appears in 1 contract

Sources: Revolving Credit Facility (Sun Television & Appliances Inc)

Loan Requests. The Borrower Corporation, on behalf of a Borrowing Fund, shall notify, by written notice or e-mail in the form of Exhibit B D, attached hereto and made a part hereof (each such notice, a "Loan Request"), to such person at the Bank as the Bank may, from time to time, instruct the BorrowerCorporation, by 2:00 p.m. (Eastern Time) on each day on which the Borrower Corporation desires to that a Fund obtain a Loan hereunder, which day must be a Business Day, specifying the amount of the Loan desireddesired and the Fund borrowing the Loan. Any such e-mail shall be only from the confirmed e-mail address of an Authorized Officer who is an executive officer of the Corporation (or other person designated by such an Authorized Officer as authorized to request advances and direct repayments under the Loan Agreement) and include approval by such Authorized Officer (or such other authorized person) of an attached Loan Request (whether or not signed, and if not signed being deemed to incorporate as accepted by the Borrower Borrowing Fund all terms and conditions of such Loan Request form). Notwithstanding the foregoing sentence, the Borrower Corporation may verbally request a Loan hereunder, whether up to the initial Maturity Date or for a new Maturity Date, provided that the Borrower Corporation shall, on the same day, send the Bank by e-mail or telecopy a follow-up Loan Request in respect thereof. The Bank may rely upon, and shall incur no liability for relying upon, any oral or written request the Bank believes to be genuine and to have been signed, sent or made by such an Authorized Officer or such other authorized person. In no event shall the Borrower Corporation request any Loan loan which, if advanced, would cause the aggregate principal amount of the all Loans outstanding to exceed the Available Facilityapplicable Borrowing Fund Limit or Maximum Amount. Each e-mail or verbal request for a Loan hereunder shall be deemed to include, and each written request shall include, a representation that all of the representations and warranties made by the Borrower Corporation with respect to the applicable Fund in the Loan Documents are and will be, after giving effect to the requested Loan, true and completecorrect, that all the conditions precedent to such Loan as set forth in Section 6 hereof have been satisfied, and that the proceeds of the Loan will not be used for any purpose that is not permitted hereunder. Each advance of Loan proceeds hereunder shall be in a minimum amount of $1,000.00.

Appears in 1 contract

Sources: Loan Agreement (Baird Funds Inc)

Loan Requests. The applicable Borrower shall notify, by written notice or e-mail in the form of Exhibit B F, attached hereto and made a part hereof (each such notice, a "Loan Request"), to such person at the Bank as the Bank may, from time to time, instruct the BorrowerBorrowers, by 2:00 p.m. (Eastern Time) on each day on which one or more of the Borrower desires Borrowers desire to obtain a Loan hereunder, which day must be a Business Day, specifying the amount of the Loan desired. Any such e-mail shall be only from desired and the confirmed e-mail address of an Authorized Officer and include approval by such Authorized Officer of an attached Loan Request (whether or not signed, and if not signed being deemed to incorporate as accepted by applicable Borrower borrowing the Borrower all terms and conditions of such Loan Request form)Loan. Notwithstanding the foregoing sentence, the a Borrower may verbally request a Loan hereunder, whether up to the initial Maturity Date or for a new Maturity Date, provided that the such Borrower shall, on the same day, send the Bank by e-mail or telecopy a follow-up Loan Request in respect thereof. In no event shall the a Borrower request any Loan loan which, if advanced, would cause the aggregate principal amount of the all Loans outstanding to exceed the Available FacilityBorrowing Fund Limit or the Maximum Amount. Each e-mail or verbal request for a Loan hereunder shall be deemed to include, and each written request shall include, a representation representa­tion that all of the representations and warranties made by the requesting Borrower in the Loan Documents are and will be, after giving effect to the requested Loan, true and complete, that all the conditions precedent to such Loan as set forth in Section 6 hereof have been satisfied, and that the proceeds of the Loan will not be used for any purpose that is not permitted hereunder. Each advance of Loan proceeds hereunder shall be in a minimum amount of $1,000.00.

Appears in 1 contract

Sources: Loan Agreement (City National Rochdale Funds)

Loan Requests. The Borrower shall notify, by written notice or e-mail in the form of Exhibit B attached hereto and made a part hereof as Exhibit D (each such notice, a "Loan Request"), such person at the Bank as the Bank may, from time to time, instruct the Borrower, by 2:00 p.m. (Eastern Time) on each day on which the Borrower desires to obtain a Loan hereunder, which day must be a Business Day, specifying the amount of the Loan desired. Any such e-mail shall be only from the confirmed e-mail address of an Authorized Officer who is an executive officer of the Borrower (or other individual designated by such Authorized Officer as authorized to request advances and direct repayments under this Agreement) and include approval by such Authorized Officer (or such other authorized individual) of an attached Loan Request (whether or not signed, and if not signed being deemed to incorporate as accepted by the Borrower all terms and conditions of such Loan Request form). Notwithstanding the foregoing sentence, the Borrower may verbally request a Loan hereunder, provided that the Borrower shall, on the same day, send the Bank by e-e- mail or telecopy a follow-up Loan Request in respect thereof. The Bank may rely upon, and shall incur no liability for relying upon, any oral or written request the Bank believes to be genuine and to have been signed, sent or made by an Authorized Officer or other authorized individual. In no event shall the Borrower request any Loan which, if advanced, would cause the aggregate principal amount of the Loans outstanding to exceed the Available Facility. Each e-mail or verbal request for a Loan hereunder shall be deemed to include, and each written request shall include, a representation that all of the representations and warranties made by the Borrower in the Loan Documents are and will be, after giving effect to the requested Loan, true and completecorrect, that all the conditions precedent to such Loan as set forth in Section 6 hereof have been satisfied, and that the proceeds of the Loan will not be used for any purpose that is not permitted hereunder. Each advance of Loan proceeds hereunder shall be in a minimum amount of $1,000.00.

Appears in 1 contract

Sources: Loan Agreement (Flat Rock Enhanced Income Fund)

Loan Requests. The Borrower shall notify, by written notice or e-mail in the form of Exhibit B attached hereto and made a part hereof as Exhibit D (each such notice, a "Loan Request"), such person at the Bank as the Bank may, from time to time, instruct the Borrower, by 2:00 p.m. (Eastern Time) on each day on which the Borrower desires to obtain a Loan hereunder, which day must be a Business Day, specifying the amount of the Loan desired. Any such e-mail shall be only from the confirmed e-mail address of an Authorized Officer and include approval by such Authorized Officer of an attached Loan Request (whether or not signed, and if not signed being deemed to incorporate as accepted by the Borrower all terms and conditions of such Loan Request form). Notwithstanding the foregoing sentence, the Borrower may verbally request a Loan hereunder, provided that the Borrower shall, on the same day, send the Bank by e-mail or telecopy a follow-up Loan Request in respect thereof. The Bank may rely upon, and shall incur no liability for relying upon, any oral or written request the Bank believes to be genuine and to have been signed, sent or made by an Authorized Officer. In no event shall the Borrower request any Loan which, if advanced, would cause the aggregate principal amount of the Loans outstanding to exceed the Available Facility. Each e-mail or verbal request for a Loan hereunder shall be deemed to include, and each written request shall include, a representation that all of the representations and warranties made by the Borrower in the Loan Documents are and will be, after giving effect to the requested Loan, true and completecorrect, that all the conditions precedent to such Loan as set forth in Section 6 hereof have been satisfied, and that the proceeds of the Loan will not be used for any purpose that is not permitted hereunder. Each advance of Loan proceeds hereunder shall be in a minimum amount of $1,000.00.

Appears in 1 contract

Sources: Loan Agreement (Unified Series Trust)

Loan Requests. The applicable Borrower shall notify, by written notice or e-mail in the form of Exhibit B F, attached hereto and made a part hereof (each such notice, a "Loan Request"), to such person at the Bank as the Bank may, from time to time, instruct the BorrowerBorrowers, by 2:00 p.m. (Eastern Time) on each day on which one or more of the Borrower desires Borrowers desire to obtain a Loan hereunder, which day must be a Business Day, specifying the amount of the Loan desired. Any such e-mail shall be only from desired and the confirmed e-mail address of an Authorized Officer and include approval by such Authorized Officer of an attached Loan Request (whether or not signed, and if not signed being deemed to incorporate as accepted by applicable Borrower borrowing the Borrower all terms and conditions of such Loan Request form)Loan. Notwithstanding the foregoing sentence, the a Borrower may verbally request a Loan hereunder, whether up to the initial Maturity Date or for a new Maturity Date, provided that the such Borrower shall, on the same day, send the Bank by e-mail or telecopy a follow-up Loan Request in respect thereof. In no event shall the a Borrower request any Loan loan which, if advanced, would cause the aggregate principal amount of the all Loans outstanding to exceed the Available FacilityBorrowing Fund Limit or the Maximum Amount. Each e-mail or verbal request for a Loan hereunder shall be deemed to include, and each written request shall include, a representation that all of the representations and warranties made by the requesting Borrower in the Loan Documents are and will be, after giving effect to the requested Loan, true and complete, that all the conditions precedent to such Loan as set forth in Section 6 hereof have been satisfied, and that the proceeds of the Loan will not be used for any purpose that is not permitted hereunder. Each advance of Loan proceeds hereunder shall be in a minimum amount of $1,000.00.

Appears in 1 contract

Sources: Loan Agreement (City National Rochdale Funds)

Loan Requests. The Borrower shall notify, by written notice or e-mail in the form of attached hereto as Exhibit B attached hereto and made a part hereof (each such notice, a "Loan Request"), such person at the Bank as the Bank may, from time to time, instruct the Borrower, by 2:00 p.m. (Eastern Time) on each day on which the Borrower desires to obtain a Loan hereunder, which day must be a Business Day, specifying the amount of the Loan desired. Any such e-mail shall be only from the confirmed e-mail address of an Authorized Officer and include approval by such Authorized Officer of an attached Loan Request (whether or not signed, and if not signed being deemed to incorporate as accepted by the Borrower all terms and conditions of such Loan Request form). Notwithstanding the foregoing sentence, the Borrower may verbally request a Loan hereunder, provided that the Borrower shall, on the same day, send the Bank by e-mail or telecopy a follow-up Loan Request in respect thereof. In no event shall the Borrower request any Loan loan which, if advanced, would cause the aggregate principal amount of the Loans outstanding to exceed the Available Facility. Each e-mail or verbal request for a Loan hereunder shall be deemed to include, and each written request shall include, a representation that all of the representations and warranties made by the Borrower in the Loan Documents are and will be, after giving effect to the requested Loan, true and complete, that all the conditions precedent to such Loan as set forth in Section 6 hereof have been satisfied, and that the proceeds of the Loan will not be used for any purpose that is not permitted hereunder. Each advance of Loan proceeds hereunder shall be in a minimum amount of $1,000.00.

Appears in 1 contract

Sources: Loan Agreement (Matrix Advisors Value Fund Inc)

Loan Requests. The Borrower shall notify, by written notice or e-mail in the form of Exhibit B attached hereto and made a part hereof as Exhibit D (each such notice, a "Loan Request"), such person at the Bank as the Bank may, from time to time, instruct the Borrower, by 2:00 p.m. (Eastern Time) on each day on which the Borrower desires to obtain a Loan hereunder, which day must be a Business Day, specifying the amount of the Loan desired. Any such e-mail shall be only from the confirmed e-mail address of an Authorized Officer and include approval by such Authorized Officer of an attached Loan Request (whether or not signed, and if not signed being deemed to incorporate as accepted by the Borrower all terms and conditions of such Loan Request form). Notwithstanding the foregoing sentence, the Borrower may verbally request a Loan hereunder, whether up to the initial Maturity Date or for a new Maturity Date, provided that the Borrower shall, on the same day, send the Bank by e-mail or telecopy a follow-up Loan Request in respect thereof. In no event shall the Borrower request any Loan loan which, if advanced, would cause the aggregate principal amount of the Loans outstanding to exceed the Available Facility. Each e-mail or verbal request for a Loan hereunder shall be deemed to include, and each written request shall include, a representation that all of the representations and warranties made by the Borrower in the Loan Documents are and will be, after giving effect to the requested Loan, true and complete, that all the conditions precedent to such Loan as set forth in Section 6 hereof have been satisfied, and that the proceeds of the Loan will not be used for any purpose that is not permitted hereunderunder the Fund Statement and the Prospectus. Each advance of Loan proceeds hereunder shall be in a minimum amount of $1,000.00. As a condition to the effectiveness of the Tenth Amendment, the Borrower shall deliver to the Bank a duly and validly executed revolving promissory note (the “Amended Note”) substantially in the form of Exhibit A hereto. The Amended Note shall replace and restate the Note referenced in the Agreement. Except as modified above, all other representations, warranties, covenants, terms, and conditions set forth in the Loan Agreement shall remain in full force and effect. Capitalized terms used herein shall have the same meanings as defined in the Loan Agreement. By signing below, you hereby certify ad confirm that no Default or Event of Default (as defined in the Loan Agreement) has occurred and is continuing, nor will the execution of this Tenth Amendment cause such a Default or Event of Default to occur. If the above terms represent our understanding, please indicate your agreement by signing below and returning one copy of the Tenth Amendment along with the promissory note to me. Sincerely, S▇▇▇▇▇ ▇. ▇▇▇▇▇ Assistant Vice President Accepted effective as of this 15th day of November, 2012. By: /s/ J▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Name: J▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Title: Chief Executive Officer $55,000,000 Cincinnati, Ohio T▇▇▇▇▇▇▇ IM FUNDS, INC., a Wisconsin corporation, previously known a▇ ▇▇▇▇▇▇▇▇ Plumb Funds, Inc. (the "Borrower"), for value received, hereby promises to pay to the order of U.S. BANK NATIONAL ASSOCIATION (the "Bank"), or its successors or assigns, on or before November 15, 2013 or such earlier date specified in the Loan Agreement as the Maturity Date (the "Maturity Date"), the principal sum of Fifty-Five Million Dollars ($55,000,000.00), or such portion thereof as may be outstanding from time to time as a Loan under the hereinafter-described Loan Agreement, together with interest thereon as hereinafter provided. This Amended Note is the "Note" to which reference is made in the Loan Agreement originally dated as of October 1, 2004 with respect to the T▇▇▇▇▇▇▇ Bond Fund, previously known as the T▇▇▇▇▇▇▇ Plumb Bond Fund (the "Fund") between the Borrower and the Bank (as amended, supplemented or otherwise modified as of even date herewith and from time to time in the future, the "Loan Agreement") and is subject to the terms and conditions thereof, including without limitation the terms thereof providing for acceleration of maturity of the loans made by the Bank to the Borrower under the Loan Agreement and evidenced by this Note (the "Loans"). This Note shall bear interest at a rate per annum equal to Prime, which interest shall be payable to the Bank (i) monthly, in arrears, commencing on December 1, 2012 and on the first day of each month thereafter, (ii) whenever all or any part of the Loans are due and payable, whether on the Maturity Date, by virtue of a mandatory prepayment, or by reason of demand, acceleration or otherwise (on the amount so due and payable) and (iii) whenever the Borrower repays all of the Loans as a voluntary prepayment. Interest on this Note shall be computed on the basis of a year consisting of three hundred sixty (360) days but applied to the actual number of days elapsed.

Appears in 1 contract

Sources: Loan Agreement (Thompson Im Funds Inc)

Loan Requests. The Borrower shall notify, by written notice or e-mail in the form of Exhibit B attached hereto and made a part hereof as Exhibit D (each such notice, a "Loan Request"), such person at the Bank as the Bank may, from time to time, instruct the Borrower, by 2:00 p.m. (Eastern Time) on each day on which the Borrower desires to obtain a Loan hereunder, which day must be a Business Day, specifying the amount of the Loan desired. Any such e-mail shall be only from the confirmed e-mail address of an Authorized Officer and include approval by such Authorized Officer of an attached Loan Request (whether or not signed, and if not signed being deemed to incorporate as accepted by the Borrower all terms and conditions of such Loan Request form). Notwithstanding the foregoing sentence, the Borrower may verbally request a Loan hereunder, whether up to the initial Maturity Date or for a new Maturity Date, provided that the Borrower shall, on the same day, send the Bank by e-mail or telecopy a follow-up Loan Request in respect thereof. In no event shall the Borrower request any Loan loan which, if advanced, would cause the aggregate principal amount of the Loans outstanding to exceed the Available Facility. Each e-mail or verbal request for a Loan hereunder shall be deemed to include, and each written request shall include, a representation that all of the representations and warranties made by the Borrower in the Loan Documents are and will be, after giving effect to the requested Loan, true and complete, that all the conditions precedent to such Loan as set forth in Section 6 hereof have been satisfied, and that the proceeds of the Loan will not be used for any purpose that is not permitted hereunderunder the Fund Statement and the Prospectus. Each advance of Loan proceeds hereunder shall be in a minimum amount of $1,000.00. As a condition to the effectiveness of the Tenth Amendment, the Borrower shall deliver to the Bank a duly and validly executed revolving promissory note (the “Amended Note”) substantially in the form of Exhibit A hereto. The Amended Note shall replace and restate the Note referenced in the Agreement. Except as modified above, all other representations, warranties, covenants, terms, and conditions set forth in the Loan Agreement shall remain in full force and effect. Capitalized terms used herein shall have the same meanings as defined in the Loan Agreement. By signing below, you hereby certify ad confirm that no Default or Event of Default (as defined in the Loan Agreement) has occurred and is continuing, nor will the execution of this Tenth Amendment cause such a Default or Event of Default to occur. If the above terms represent our understanding, please indicate your agreement by signing below and returning one copy of the Tenth Amendment along with the promissory note to me. Sincerely, S▇▇▇▇▇ ▇. ▇▇▇▇▇ Assistant Vice President Accepted effective as of this 15th day of November, 2012. By: /s/ J▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Name: J▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Title: Chief Executive Officer $5,250,000 Cincinnati, Ohio T▇▇▇▇▇▇▇ IM FUNDS, INC., a Wisconsin corporation, previously known a▇ ▇▇▇▇▇▇▇▇ Plumb Funds, Inc. (the "Borrower"), for value received, hereby promises to pay to the order of U.S. BANK NATIONAL ASSOCIATION (the "Bank"), or its successors or assigns, on or before November 15, 2013 or such earlier date specified in the Loan Agreement as the Maturity Date (the "Maturity Date"), the principal sum of Five Million Two Hundred Fifty Thousand Dollars ($5,250,000.00), or such portion thereof as may be outstanding from time to time as a Loan under the hereinafter-described Loan Agreement, together with interest thereon as hereinafter provided. This Amended Note is the "Note" to which reference is made in the Loan Agreement originally dated as of October 1, 2004 with respect to the T▇▇▇▇▇▇▇ LargeCap Fund, previously known as the T▇▇▇▇▇▇▇ Plumb Growth Fund (the "Fund") between the Borrower and the Bank (as amended, supplemented or otherwise modified as of even date herewith and from time to time in the future, the "Loan Agreement") and is subject to the terms and conditions thereof, including without limitation the terms thereof providing for acceleration of maturity of the loans made by the Bank to the Borrower under the Loan Agreement and evidenced by this Note (the "Loans"). This Note shall bear interest at a rate per annum equal to Prime, which interest shall be payable to the Bank (i) monthly, in arrears, commencing on December 1, 2012 and on the first day of each month thereafter, (ii) whenever all or any part of the Loans are due and payable, whether on the Maturity Date, by virtue of a mandatory prepayment, or by reason of demand, acceleration or otherwise (on the amount so due and payable) and (iii) whenever the Borrower repays all of the Loans as a voluntary prepayment. Interest on this Note shall be computed on the basis of a year consisting of three hundred sixty (360) days but applied to the actual number of days elapsed.

Appears in 1 contract

Sources: Loan Agreement (Thompson Im Funds Inc)

Loan Requests. The Borrower shall notify, by written notice or e-mail in the form of Exhibit B attached hereto and made a part hereof as Exhibit D (each such notice, a "Loan Request"), such person at the Bank as the Bank may, from time to time, instruct the Borrower, by 2:00 p.m. (Eastern Time) on each day on which the Borrower desires to obtain a Loan hereunder, which day must be a Business Day, specifying the amount of the Loan desired. Any such e-mail shall be only from the confirmed e-mail address of an Authorized Officer and include approval by such Authorized Officer of an attached Loan Request (whether or not signed, and if not signed being deemed to incorporate as accepted by the Borrower all terms and conditions of such Loan Request form). Notwithstanding the foregoing sentence, the Borrower may verbally request a Loan hereunder, provided that the Borrower shall, on the same day, send the Bank by e-mail or telecopy a follow-up Loan Request in respect thereof. In no event shall the Borrower request any Loan loan which, if advanced, would cause the aggregate principal amount of the Loans outstanding to exceed the Available Facility. Each e-mail or verbal request for a Loan hereunder shall be deemed to include, and each written request shall include, a representation representa­tion that all of the representations and warranties made by the Borrower in the Loan Documents are and will be, after giving effect to the requested Loan, true and complete, that all the conditions precedent to such Loan as set forth in Section 6 hereof have been satisfied, and that the proceeds of the Loan will not be used for any purpose that is not permitted hereunderunder the Fund Statement and the Prospectus. Each advance of Loan proceeds hereunder shall be in a minimum amount of $1,000.00.

Appears in 1 contract

Sources: Custody Agreement (Upright Investments Trust)

Loan Requests. The Borrower Trust, on behalf of a Borrowing Fund, shall notify, by written notice or e-mail in the form of Exhibit B F, attached hereto and made a part hereof (each such notice, a "Loan Request"), to such person at the Bank as the Bank may, from time to time, instruct the BorrowerTrust, by 2:00 p.m. (Eastern Time) on each day on which the Borrower Trust desires to that a Fund obtain a Loan hereunder, which day must be a Business Day, specifying the amount of the Loan desireddesired and the Fund borrowing the Loan. Any such e-mail shall be only from the confirmed e-mail address of an Authorized Officer who is an executive officer of the Trust (or other person designated by such an Authorized Officer as authorized to request advances and direct repayments under the Loan Agreement) and include approval by such Authorized Officer (or such other authorized person) of an attached Loan Request (whether or not signed, and if not signed being deemed to incorporate as accepted by the Borrower Borrowing Fund all terms and conditions of such Loan Request form). Notwithstanding the foregoing sentence, the Borrower Trust may verbally request a Loan hereunder, whether up to the initial Maturity Date or for a new Maturity Date, provided that the Borrower Trust shall, on the same day, send the Bank by e-mail or telecopy a follow-up Loan Request in respect thereof. The Bank may rely upon, and shall incur no liability for relying upon, any oral or written request the Bank believes to be genuine and to have been signed, sent or made by such an Authorized Officer or such other authorized person. In no event shall the Borrower Trust request any Loan loan which, if advanced, would cause the aggregate principal amount of the all Loans outstanding to exceed the Available Facilityapplicable Borrowing Fund Limit or Maximum Amount. Each e-mail or verbal request for a Loan hereunder shall be deemed to include, and each written request shall include, a representation that all of the representations and warranties made by the Borrower Trust with respect to the applicable Fund in the Loan Documents are and will be, after giving effect to the requested Loan, true and completecorrect, that all the conditions precedent to such Loan as set forth in Section 6 hereof have been satisfied, and that the proceeds of the Loan will not be used for any purpose that is not permitted hereunder. Each advance of Loan proceeds hereunder shall be in a minimum amount of $1,000.00.

Appears in 1 contract

Sources: Loan Agreement (Advisors Preferred Trust)

Loan Requests. The Borrower shall notify, by written notice or e-mail in the form of Exhibit B attached hereto and made a part hereof as Exhibit D (each such notice, a "Loan Request"), such person at the Bank as the Bank may, from time to time, instruct the Borrower, by 2:00 p.m. (Eastern Time) on each day on which the Borrower desires to obtain a Loan hereunder, which day must be a Business Day, specifying the amount of the Loan desired. Any such e-mail shall be only from the confirmed e-mail address of an Authorized Officer and include approval by such Authorized Officer of an attached Loan Request (whether or not signed, and if not signed being deemed to incorporate as accepted by the Borrower all terms and conditions of such Loan Request form). Notwithstanding the foregoing sentence, the Borrower may verbally request a Loan hereunder, whether up to the initial Maturity Date or for a new Maturity Date, provided that the Borrower shall, on the same day, send the Bank by e-mail or telecopy a follow-up Loan Request in respect thereof. In no event shall the Borrower request any Loan loan which, if advanced, would cause the aggregate principal amount of the Loans outstanding to exceed the Available Facility. Each e-mail or verbal request for a Loan hereunder shall be deemed to include, and each written request shall include, a representation that all of the representations and warranties made by the Borrower in the Loan Documents are and will be, after giving effect to the requested Loan, true and complete, that all the conditions precedent to such Loan as set forth in Section 6 hereof have been satisfied, and that the proceeds of the Loan will not be used for any purpose that is not permitted hereunderunder the Fund Statement and the Prospectus. Each advance of Loan proceeds hereunder shall be in a minimum amount of $1,000.00. As a condition to the effectiveness of the Third Amendment, the Borrower shall deliver to the Bank a duly and validly executed revolving promissory note (the "Amended Note") substantially in the form of Exhibit A hereto. The Amended Note shall replace and restate the Note referenced in the Agreement. Except as modified above, all other representations, warranties, covenants, terms, and conditions set forth in the Loan Agreement shall remain in full force and effect. Capitalized terms used herein shall have the same meanings as defined in the Loan Agreement. By signing below, you hereby certify ad confirm that no Default or Event of Default (as defined in the Loan Agreement) has occurred and is continuing, nor will the execution of this Third Amendment cause such a Default or Event of Default to occur. If the above terms represent our understanding, please indicate your agreement by signing below and returning one copy of the Third Amendment along with the promissory note to me. Sincerely, Shelly L. Allen Assistant Vice President Accepted effective as of ▇▇▇▇ ▇▇▇▇ ▇▇▇ ▇f November, 2006. Borrower: Thompson Plumb Funds, Inc. By: ------------------------------ ▇▇▇▇: ▇ohn W. Thompson Title: Chief Executive Officer EXHIBIT A AMENDED PROMISSORY NOTE $1,000,000 Cincinnati, Ohio November 15, 2006 Thompson Plumb Funds, Inc., a Wisconsin corporation (the "Borrower"), ▇▇▇ ▇alue received, hereby promises to pay to the order of U.S. BANK N.A. (the "Bank"), or its successors or assigns, on or before November 15, 2007 or such earlier date specified in the Loan Agreement as the Maturity Date (the "Maturity Date"), the principal sum of One Million Dollars ($1,000,000.00), or such portion thereof as may be outstanding from time to time as a Loan under the hereinafter-described Loan Agreement, together with interest thereon as hereinafter provided. This Amended Note is the "Note" to which reference is made in the Loan Agreement originally dated as of October 1, 2004 with respect to the Thompson Plumb Bond Fund (the "Fund") between the Borrower and the ▇▇▇▇ (▇▇ ▇▇▇▇▇ed, supplemented or otherwise modified as of even date herewith and from time to time in the future, the "Loan Agreement") and is subject to the terms and conditions thereof, including without limitation the terms thereof providing for acceleration of maturity of the loans made by the Bank to the Borrower under the Loan Agreement and evidenced by this Note (the "Loans"). This Note shall bear interest at a rate per annum equal to Prime, which interest shall be payable to the Bank (i) monthly, in arrears, commencing on December 1, 2006 and on the first day of each month thereafter, (ii) whenever all or any part of the Loans are due and payable, whether on the Maturity Date, by virtue of a mandatory prepayment, or by reason of demand, acceleration or otherwise (on the amount so due and payable) and (iii) whenever the Borrower repays all of the Loans as a voluntary prepayment. Interest on this Note shall be computed on the basis of a year consisting of three hundred sixty (360) days but applied to the actual number of days elapsed.

Appears in 1 contract

Sources: Loan Agreement (Thompson Plumb Funds Inc)

Loan Requests. The Borrower shall notify, by written notice or e-mail in the form of Exhibit B attached hereto and made a part hereof as Exhibit D (each such notice, a "Loan Request"), such person at the Bank as the Bank may, from time to time, instruct the Borrower, by 2:00 p.m. (Eastern Time) on each day on which the Borrower desires to obtain a Loan hereunder, which day must be a Business Day, specifying the amount of the Loan desired. Any such e-mail shall be only from the confirmed e-mail address of an Authorized Officer and include approval by such Authorized Officer of an attached Loan Request (whether or not signed, and if not signed being deemed to incorporate as accepted by the Borrower all terms and conditions of such Loan Request form). Notwithstanding the foregoing sentence, the Borrower may verbally request a Loan hereunder, whether up to the initial Maturity Date or for a new Maturity Date, provided that the Borrower shall, on the same day, send the Bank by e-mail or telecopy a follow-up Loan Request in respect thereof. In no event shall the Borrower request any Loan loan which, if advanced, would cause the aggregate principal amount of the Loans outstanding to exceed the Available Facility. Each e-mail or verbal request for a Loan hereunder shall be deemed to include, and each written request shall include, a representation that all of the representations and warranties made by the Borrower in the Loan Documents are and will be, after giving effect to the requested Loan, true and complete, that all the conditions precedent to such Loan as set forth in Section 6 hereof have been satisfied, and that the proceeds of the Loan will not be used for any purpose that is not permitted hereunderunder the Fund Statement and the Prospectus. Each advance of Loan proceeds hereunder shall be in a minimum amount of $1,000.00.

Appears in 1 contract

Sources: Loan Agreement (Baird Funds Inc)

Loan Requests. The Borrower shall notify, by written notice or e-mail in the form of Exhibit B attached hereto and made a part hereof as Exhibit D (each such notice, a "Loan Request"), such person at the Bank as the Bank may, from time to time, instruct the Borrower, by 2:00 p.m. (Eastern Time) on each day on which the Borrower desires to obtain a Loan hereunder, which day must be a Business Day, specifying the amount of the Loan desired. Any such e-mail shall be only from the confirmed e-mail address of an Authorized Officer and include approval by such Authorized Officer of an attached Loan Request (whether or not signed, and if not signed being deemed to incorporate as accepted by the Borrower all terms and conditions of such Loan Request form). Notwithstanding the foregoing sentence, the Borrower may verbally request a Loan hereunder, whether up to the initial Maturity Date or for a new Maturity Date, provided that the Borrower shall, on the same day, send the Bank by e-mail or telecopy a follow-up Loan Request in respect thereof. In no event shall the Borrower request any Loan loan which, if advanced, would cause the aggregate principal amount of the Loans outstanding to exceed the Available Facility. Each e-mail or verbal request for a Loan hereunder shall be deemed to include, and each written request shall include, a representation that all of the representations and warranties made by the Borrower in the Loan Documents are and will be, after giving effect to the requested Loan, true and complete, that all the conditions precedent to such Loan as set forth in Section 6 hereof have been satisfied, and that the proceeds of the Loan will not be used for any purpose that is not permitted hereunderunder the Fund Statement and the Prospectus. Each advance of Loan proceeds hereunder shall be in a minimum amount of $1,000.00. As a condition to the effectiveness of the Third Amendment, the Borrower shall deliver to the Bank a duly and validly executed revolving promissory note (the "Amended Note") substantially in the form of Exhibit A hereto. The Amended Note shall replace and restate the Note referenced in the Agreement. Except as modified above, all other representations, warranties, covenants, terms, and conditions set forth in the Loan Agreement shall remain in full force and effect. Capitalized terms used herein shall have the same meanings as defined in the Loan Agreement. By signing below, you hereby certify ad confirm that no Default or Event of Default (as defined in the Loan Agreement) has occurred and is continuing, nor will the execution of this Third Amendment cause such a Default or Event of Default to occur. If the above terms represent our understanding, please indicate your agreement by signing below and returning one copy of the Third Amendment along with the promissory note to me. Sincerely, Shelly L. Allen Assistant Vice President Accepted effective as of ▇▇▇▇ ▇▇▇▇ ▇▇▇ of November, 2006. Borrower: Thompson Plumb Funds, Inc. By: ------------------------------- ▇▇▇▇: John W. Thompson Title: Chief Executive Officer EXHIBIT A AMENDED PROMISSORY NOTE $20,000,000 Cincinnati, Ohio November 15, 2006 Thompson Plumb Funds, Inc., a Wisconsin corporation (the "Borrower"), ▇▇▇ value received, hereby promises to pay to the order of U.S. BANK N.A. (the "Bank"), or its successors or assigns, on or before November 15, 2007 or such earlier date specified in the Loan Agreement as the Maturity Date (the "Maturity Date"), the principal sum of Twenty Million Dollars ($20,000,000.00), or such portion thereof as may be outstanding from time to time as a Loan under the hereinafter-described Loan Agreement, together with interest thereon as hereinafter provided. This Amended Note is the "Note" to which reference is made in the Loan Agreement originally dated as of October 1, 2004 with respect to the Thompson Plumb Growth Fund (the "Fund") between the Borrower and t▇▇ ▇▇▇▇ (▇▇ ▇▇ended, supplemented or otherwise modified as of even date herewith and from time to time in the future, the "Loan Agreement") and is subject to the terms and conditions thereof, including without limitation the terms thereof providing for acceleration of maturity of the loans made by the Bank to the Borrower under the Loan Agreement and evidenced by this Note (the "Loans"). This Note shall bear interest at a rate per annum equal to Prime, which interest shall be payable to the Bank (i) monthly, in arrears, commencing on December 1, 2006 and on the first day of each month thereafter, (ii) whenever all or any part of the Loans are due and payable, whether on the Maturity Date, by virtue of a mandatory prepayment, or by reason of demand, acceleration or otherwise (on the amount so due and payable) and (iii) whenever the Borrower repays all of the Loans as a voluntary prepayment. Interest on this Note shall be computed on the basis of a year consisting of three hundred sixty (360) days but applied to the actual number of days elapsed.

Appears in 1 contract

Sources: Loan Agreement (Thompson Plumb Funds Inc)

Loan Requests. The Each Borrower desiring a Loan hereunder, shall notify, by written notice or e-mail in the form of Exhibit B F, attached hereto and made a part hereof (each such notice, a "Loan Request"), to such person at the Bank as the Bank may, from time to time, instruct the BorrowerBorrowers, by 2:00 p.m. (Eastern Time) on each day on which the such Borrower desires to obtain a Loan hereunder, which day must be a Business Day, specifying the amount of the Loan desireddesired and the applicable Borrower borrowing the Loan. Any such e-mail shall be only from the confirmed e-mail address of an Authorized Officer who is an officer of the Trust (or other person designated by such an Authorized Officer as authorized to request advances and direct repayments under the Loan Agreement) and include approval by such Authorized Officer (or such other authorized person) of an attached Loan Request (whether or not signed, and if not signed being deemed to incorporate as accepted by the applicable Borrower all terms and conditions of such Loan Request form). Notwithstanding the foregoing sentence, the a Borrower may verbally request a Loan hereunder, whether up to the initial Maturity Date or for a new Maturity Date, provided that the such Borrower shall, on the same day, send the Bank by e-mail or telecopy a follow-up Loan Request in respect thereof. The Bank may rely upon, and shall incur no liability for relying upon, any oral or written request the Bank believes to be genuine and to have been signed, sent or made by such an Authorized Officer or such other authorized person. In no event shall the a Borrower request any Loan loan which, if advanced, would cause the aggregate outstanding principal amount of all Loans to such Borrower to exceed its Borrower Limit, or the aggregate outstanding principal amount of all Loans outstanding to all Borrowers to exceed the Available FacilityMaximum Amount. Each e-mail or verbal request by a Borrower for a Loan hereunder shall be deemed to include, and each written request shall include, a representation that all of the representations and warranties made by such Borrower with respect to the Borrower related Fund in the Loan Documents are and will be, after giving effect to the requested Loan, true and completecorrect, that all the conditions precedent to such Loan as set forth in Section 6 hereof have been satisfied, and that the proceeds of the Loan will not be used for any purpose that is not permitted hereunder. Each advance of Loan proceeds hereunder shall be in a minimum amount of $1,000.00.

Appears in 1 contract

Sources: Loan Agreement (Aristotle Funds Series Trust)

Loan Requests. The Borrower Corporation or the Trust, on behalf of the Borrowing Fund, shall notify, by written notice or e-mail in the form of Exhibit B F, attached hereto and made a part hereof (each such notice, a "Loan Request"), to such person at the Bank as the Bank may, from time to time, instruct the BorrowerCorporation and the Trust, by 2:00 p.m. (Eastern Time) on each day on which the Borrower desires to Corporation and the Trust desire that a Fund obtain a Loan hereunder, which day must be a Business Day, specifying the amount of the Loan desireddesired and the Fund borrowing the Loan. Any such e-mail shall be only from the confirmed e-mail address of an Authorized Officer and include approval by such Authorized Officer of an attached Loan Request (whether or not signed, and if not signed being deemed to incorporate as accepted by the Borrower Borrowing Fund all terms and conditions of such Loan Request form). Notwithstanding the foregoing sentence, the Borrower Corporation or the Trust may verbally request a Loan hereunder, whether up to the initial Maturity Date or for a new Maturity Date, provided that the Borrower Corporation or the Trust shall, on the same day, send the Bank by e-mail or telecopy a follow-up Loan Request in respect thereof. In no event shall a Corporation or the Borrower Trust request any Loan loan which, if advanced, would cause the aggregate principal amount of the all Loans outstanding to exceed the Available Facilityapplicable Borrowing Fund Limitation or Maximum Amount. Each e-mail or verbal request for a Loan hereunder shall be deemed to include, and each written request shall include, a representation that all of the representations and warranties made by the Borrower Corporation and the Trust with respect to the applicable Fund in the Loan Documents are and will be, after giving effect to the requested Loan, true and complete, that all the conditions precedent to such Loan as set forth in Section 6 hereof have been satisfied, and that the proceeds of the Loan will not be used for any purpose that is not permitted hereunder. Each advance of Loan proceeds hereunder shall be in a minimum amount of $1,000.00.

Appears in 1 contract

Sources: Loan Agreement (Wilshire Mutual Funds Inc)

Loan Requests. The Borrower shall notify, by written notice or e-mail in the form of Exhibit B attached hereto and made a part hereof as Exhibit D (each such notice, a "Loan Request"), such person at the Bank as the Bank may, from time to time, instruct the Borrower, by 2:00 p.m. (Eastern Time) on each day on which the Borrower desires to obtain a Loan hereunder, which day must be a Business Day, specifying the amount of the Loan desired. Any such e-mail shall be only from the confirmed e-mail address of an Authorized Officer and include approval by such Authorized Officer of an attached Loan Request (whether or not signed, and if not signed being deemed to incorporate as accepted by the Borrower all terms and conditions of such Loan Request form). Notwithstanding the foregoing sentence, the Borrower may verbally request a Loan hereunder, whether up to the initial Maturity Date or for a new Maturity Date, provided that the Borrower shall, on the same day, send the Bank by e-mail or telecopy a follow-up Loan Request in respect thereof. In no event shall the Borrower request any Loan loan which, if advanced, would cause the aggregate principal amount of the Loans outstanding to exceed the Available Facility. Each e-mail or verbal request for a Loan hereunder shall be deemed to include, and each written request shall include, a representation that all of the representations and warranties made by the Borrower in the Loan Documents are and will be, after giving effect to the requested Loan, true and complete, that all the conditions precedent to such Loan as set forth in Section 6 hereof have been satisfied, and that the proceeds of the Loan will not be used for any purpose that is not permitted hereunderunder the Fund Statement and the Prospectus. Each advance of Loan proceeds hereunder shall be in a minimum amount of $1,000.00. As a condition to the effectiveness of the Sixth Amendment, the Borrower shall deliver to the Bank a duly and validly executed revolving promissory note (the “Amended Note”) substantially in the form of Exhibit A hereto. The Amended Note shall replace and restate the Note referenced in the Agreement. Except as modified above, all other representations, warranties, covenants, terms, and conditions set forth in the Loan Agreement shall remain in full force and effect. Capitalized terms used herein shall have the same meanings as defined in the Loan Agreement. By signing below, you hereby certify ad confirm that no Default or Event of Default (as defined in the Loan Agreement) has occurred and is continuing, nor will the execution of this Sixth Amendment cause such a Default or Event of Default to occur. If the above terms represent our understanding, please indicate your agreement by signing below and returning one copy of the Sixth Amendment along with the promissory note to me. Sincerely, S▇▇▇▇▇ ▇. ▇▇▇▇▇ Assistant Vice President Accepted effective as of the 15th day of November, 2012. By: /s/ J▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Name: J▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Title: Chief Executive Officer $1,200,000 Cincinnati, Ohio T▇▇▇▇▇▇▇ IM FUNDS, INC., a Wisconsin corporation, previously known a▇ ▇▇▇▇▇▇▇▇ Plumb Funds, Inc. (the "Borrower"), for value received, hereby promises to pay to the order of U.S. BANK NATIONAL ASSOCIATION (the "Bank"), or its successors or assigns, on or before November 15, 2013 or such earlier date specified in the Loan Agreement as the Maturity Date (the "Maturity Date"), the principal sum of One Million Two Hundred Thousand Dollars ($1,200,000.00), or such portion thereof as may be outstanding from time to time as a Loan under the hereinafter-described Loan Agreement, together with interest thereon as hereinafter provided. This Amended Note is the "Note" to which reference is made in the Loan Agreement originally dated as of April 25, 2008 with respect to the T▇▇▇▇▇▇▇ M▇▇▇▇▇ Fund, previously known as the T▇▇▇▇▇▇▇ Plumb MidCap Fund (the "Fund") between the Borrower and the Bank (as amended, supplemented or otherwise modified as of even date herewith and from time to time in the future, the "Loan Agreement") and is subject to the terms and conditions thereof, including without limitation the terms thereof providing for acceleration of maturity of the loans made by the Bank to the Borrower under the Loan Agreement and evidenced by this Note (the "Loans"). This Note shall bear interest at a rate per annum equal to Prime, which interest shall be payable to the Bank (i) monthly, in arrears, commencing on December 1, 2012 and on the first day of each month thereafter, (ii) whenever all or any part of the Loans are due and payable, whether on the Maturity Date, by virtue of a mandatory prepayment, or by reason of demand, acceleration or otherwise (on the amount so due and payable) and (iii) whenever the Borrower repays all of the Loans as a voluntary prepayment. Interest on this Note shall be computed on the basis of a year consisting of three hundred sixty (360) days but applied to the actual number of days elapsed.

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Sources: Loan Agreement (Thompson Im Funds Inc)