Common use of Procedure for Making Advances Clause in Contracts

Procedure for Making Advances. Borrower shall provide Lender an irrevocable Notice of Borrowing at least 15 business days prior to the desired Funding Date for Advances, including therewith all vendor invoices, bills of sale, receipts, agreements, proof of payment, and other documents to evidence the ownership of such equipment by Borrower for which Borrower is requesting an Advance hereunder provided such financed equipment is delivered to Borrower within 180 days of the Funding Date for such equipment. Lender shall only be required to make Advances hereunder based upon written requests which comply with the terms and exhibits of this Loan Agreement (as the same may be amended from time to time), and which are submitted and signed by a Responsible Officer. Borrower shall execute and deliver to Lender a Note and such other documents and instruments as Lender may reasonably require for each Advance made. With respect to the initial Advance hereunder, Lender agrees to finance equipment delivered to Borrower since January 1, 2010, provided the Notice of Borrowing for such Advance is delivered to Lender within 30 days from the date of this Agreement. Execution and delivery of this Amendment constitutes a reaffirmation as of the date thereof of all of the representations and warranties contained in the Agreement and the Loan Documents, as such representations and warranties may be amended hereby. Except as amended hereby, the Agreement remains unmodified and unchanged. FOUNDATION MEDICINE, INC. LIGHTHOUSE CAPITAL PARTNERS VI, L.P. By: /s/ ▇▇▇▇ ▇▇▇▇▇ By: LIGHTHOUSE MANAGEMENT Name: ▇▇▇▇ ▇▇▇▇▇ PARTNERS VI, L.L.C., its general partner Title: CBO By: /s/ ▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇▇ Title: Managing Director dated as of November 1, 2010, as amended (“Agreement”), by and between LIGHTHOUSE CAPITAL PARTNERS VI, L.P. (“Lender”) and FOUNDATION MEDICINE, INC. (“Borrower”). (All capitalized terms not otherwise defined herein shall have the meanings given to such terms in the Agreement.) Without limiting or amending any other provisions of the Agreement, Lender and Borrower agree to the following: Section 1.1 of the Agreement, the following definition shall be deleted in its entirety and replaced with the following:

Appears in 1 contract

Sources: Loan and Security Agreement (Foundation Medicine, Inc.)

Procedure for Making Advances. Each Advance under Section 2.1 shall be made following e-mail or telephonic request from any Person purporting to be authorized to request Advances on behalf of a Borrower. Each such request shall specify (i) the applicable Borrower, (ii) the date of the requested Advance, (iii) the amount thereof, and (iv) if any portion of such Advance will bear interest at a Eurodollar Rate, the Interest Period selected by such Borrower with respect thereto. In no event may a Borrower select an Interest Period extending beyond the Commitment Termination Date. Such notice or request must be received by the Lender not later than 2:00 p.m. New York City time at least two (2) Business Days prior to on the date on which such Advance is to be made. Each such request for an Advance by a Borrower shall provide Lender an irrevocable Notice be deemed to constitute a representation and warranty by all of Borrowing at least 15 business days prior the Borrowers on the date thereof as to the desired Funding Date for Advances, including therewith all vendor invoices, bills matters specified in paragraphs (a)-(e) of sale, receipts, agreements, proof of payment, and other documents to evidence the ownership of such equipment by Borrower for which Borrower is requesting an Advance hereunder provided such financed equipment is delivered to Borrower within 180 days Section 3.3. Upon fulfillment of the Funding Date for such equipment. applicable conditions set forth in Article 3, the Lender shall only be required disburse such Advance by crediting the amount thereof to make Advances hereunder based upon written requests which comply with the terms and exhibits of this Loan Agreement (requesting Borrower in such manner as the same Lender and such Borrower may be amended from time to time), and which are submitted and signed by a Responsible Officertime agree. Borrower The Lender shall execute and deliver have no obligation to Lender a Note and such other documents and instruments as Lender may reasonably require for each disburse the requested Advance made. With respect to if any condition set forth in Article 3 has not been satisfied on the initial Advance hereunder, Lender agrees to finance equipment delivered to Borrower since January 1, 2010, provided the Notice of Borrowing for such Advance is delivered to Lender within 30 days from the date of this Agreement. Execution and delivery of this Amendment constitutes a reaffirmation as day of the date thereof of all of the representations and warranties contained in the Agreement and the Loan Documents, as such representations and warranties may be amended herebyrequested Advance. Except as amended herebyHowever, the Agreement remains unmodified and unchanged. FOUNDATION MEDICINE, INC. LIGHTHOUSE CAPITAL PARTNERS VI, L.P. By: /s/ ▇▇▇▇ ▇▇▇▇▇ By: LIGHTHOUSE MANAGEMENT Name: ▇▇▇▇ ▇▇▇▇▇ PARTNERS VI, L.L.C., its general partner Title: CBO By: /s/ ▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇▇ Title: Managing Director dated as of November 1, 2010, as amended (“Agreement”), by and between LIGHTHOUSE CAPITAL PARTNERS VI, L.P. (“Lender”) and FOUNDATION MEDICINE, INC. (“Borrower”). (All capitalized terms not otherwise defined herein shall have the meanings given to such terms in the Agreement.) Without limiting or amending any other provisions of the Agreement, Lender and Borrower agree to the following: Section 1.1 of the Agreement, the following definition Borrowers shall be deleted jointly and severally obligated to repay all Advances to or for the account of any Borrower (including all Advances the proceeds of which were deposited in its entirety and replaced with any account of any Borrower) or in respect of which the following:Lender reasonably believed the Person requesting the same to be authorized to do so, notwithstanding the fact that the Person requesting the same was not in fact authorized so to do. Any request for an Advance shall be deemed to be a representation that the statements set forth in Section 3.3 are correct.

Appears in 1 contract

Sources: Loan Agreement (Telvent Git S A)