Borrowing Mechanics. Loans (including any Loans made as Eurodollar Rate Loans with a particular Interest Period) shall be in an aggregate minimum amount of the Borrowing Minimum and integral multiples of the Borrowing Multiple in excess of that amount. The Borrower shall deliver to the Administrative Agent a Notice of Borrowing not later than 10:00 a.m. (New York time) on the proposed Closing Date; provided, that, in the case of any Loan requested as a Eurodollar Rate Loan, the Borrower shall deliver such Notice of Borrowing not later than 1:00 p.m. (New York time), at least three Business Days in advance of the proposed Closing Date. The Notice of Borrowing shall specify (i) the proposed Closing Date (which shall be a Business Day), (ii) the amount and Type of Loans requested, (iv) in the case of any Loans requested to be made as Eurodollar Rate Loans, the initial Interest Period requested, and (v) remittance instructions applicable for the Loans requested. Loans may be continued as or converted into Base Rate Loans or Eurodollar Rate Loans in the manner provided in Section 2.2D. The Administrative Agent shall be entitled to rely upon, and shall be fully protected in relying upon, any Notice of Borrowing, Notice of Conversion/Continuation or similar notice believed by the Administrative Agent to be genuine. The Administrative Agent may assume that each Person executing and delivering such a notice was duly authorized, unless the responsible individual acting thereon for the Administrative Agent has actual knowledge to the contrary. The Borrower shall notify the Administrative Agent prior to the funding of any Loans in the event that any of the matters to which the Borrower is required to certify in the Notice of Borrowing are no longer true and correct as of the Closing Date, and the acceptance by the Borrower of the proceeds of any Loans shall constitute a re-certification by the Borrower, as of the Closing Date, as to the matters to which the Borrower is required to certify in the Notice of Borrowing. Except as otherwise provided in Sections 2.6B, 2.6C, 2.6D and 2.6G, a Notice of Borrowing for any Loan shall be irrevocable and the Borrower shall be bound to make a borrowing in accordance therewith.
Appears in 1 contract
Sources: 364 Day Credit Agreement (Taylor Morrison Home Corp)
Borrowing Mechanics. Loans (including any Loans made as Eurodollar Rate on any Funding Date (other than Revolving Loans with made pursuant to subsection 3.3B for the purpose of reimbursing any Issuing Lender for the amount of a particular Interest Period) drawing under a Letter of Credit issued by it, and Swing Line Loans which shall be governed by the provisions of subsection 2.10), shall be in an aggregate minimum amount of the Borrowing Minimum (y) $15,000,000 and integral multiples of the Borrowing Multiple $5,000,000 in excess of that amountamount in the case of Term Loans and (z) $1,000,000 and integral multiples of $500,000 in the case of Revolving Loans; it being understood that each amount set forth in the foregoing clauses (x) and (y) shall apply to the requested aggregate amount of all TLF I Loans, TLF II Loans or Revolving Loans, as applicable, to be made on such Funding Date (calculated using the Dollar Equivalent (based on the applicable Closing FX Rates) in the case of Loans denominated in HK Dollars and Patacas). The Whenever the Borrower desires that the Lenders make Term Loans or Project Cost Revolving Loans (other than (i) Revolving Loans made pursuant to subsection 3.3B for the purpose of reimbursing any Issuing Lender for the amount of a drawing under a Letter of Credit issued by it, and (ii) Swing Line Loans which shall be governed by the provisions of subsection 2.10), the Borrower shall deliver to the Administrative Agent a Notice of Borrowing not later than 10:00 a.m. (New York time) on the proposed Closing DateNotice; provided, that, (x) other than in the case of the Initial Borrowing Date, the Borrower may not deliver any Loan requested as a Eurodollar Rate LoanBorrowing Notice except on or after the date all conditions set forth in Section 4.1 have been satisfied and (y) in the case of the Initial Borrowing Date, the Borrower shall deliver such Notice of Borrowing not have satisfied all conditions set forth in Section 4.1B no later than 1:00 p.m. three (New York 3) Business Days prior to the date that is proposed to be the Initial Borrowing Date. Each such Borrowing Notice must be received by the Administrative Agent prior to 3:00 p.m., Eastern time), at least three five Business Days prior to the requested Funding Date and must specify (i) the amount and type of Project Cost Term Loans, Non-Project Cost Term Loans, or Project Cost Revolving Loans, as the case may be, to be borrowed, (ii) the requested Funding Date and (iii) in the case of Eurodollar Rate Loans and in the case of the HIBOR Rate Loans, the length of the initial Interest Period therefor. Each relevant Lender will make the amount of its share of each borrowing as is required hereunder and under the Depository Agreement available to the Administrative Agent in immediately available Dollars, Patacas or HK Dollars, as applicable. Whenever the Borrower desires that the Lenders make Non-Project Cost Revolving Loans (other than (i) Revolving Loans made pursuant to subsection 3.3B for the purpose of reimbursing any Issuing Lender for the amount of a drawing under a Letter of Credit issued by it, and (ii) Swing Line Loans which shall be governed by the provisions of subsection 2.10), it shall deliver to the Administrative Agent a Borrowing Notice no later than 3:00 p.m. (Eastern time) at least five Business Days in advance of the proposed Closing Funding Date. The Borrowing Notice of Borrowing shall specify (i) the proposed Closing Funding Date (which shall be a Business Day), (ii) the amount and Type of Non-Project Cost Revolving Loans requested, (iii) whether such Revolving Loans that are denominated in Dollars shall be Base Rate Loans or Eurodollar Rate Loans, and (iv) in the case of any Loans requested to be made as Eurodollar Rate Loans and in the case of the HIBOR Rate Loans, the initial Interest Period requested, requested therefor. Each relevant Lender will make the amount of its share of each borrowing as is required pursuant to and (v) remittance instructions subject to the applicable for the Loans requested. Loans may be continued as or converted into Base Rate Loans or Eurodollar Rate Loans in the manner provided in requirements of Section 2.2D. The Administrative Agent shall be entitled 2 available to rely upon, and shall be fully protected in relying upon, any Notice of Borrowing, Notice of Conversion/Continuation or similar notice believed by the Administrative Agent to be genuine. The Administrative Agent may assume that each Person executing and delivering such a notice was duly authorizedin immediately available Dollars, unless the responsible individual acting thereon for the Administrative Agent has actual knowledge to the contraryPatacas or HK Dollars, as applicable. The Borrower shall notify the Administrative Agent prior to the funding of any such Revolving Loans in the event that any of the matters to which the Borrower is required to certify in the applicable Borrowing Notice of Borrowing are is no longer true and correct as of the Closing applicable Funding Date, and the acceptance by the Borrower of the proceeds of any such Revolving Loans shall constitute a re-certification recertification by the Borrower, as of the Closing applicable Funding Date, as to the matters to which the Borrower is required to certify in the Notice of Borrowingapplicable Borrowing Notice. Except as otherwise provided in Sections subsections 2.6B, 2.6C, 2.6D 2.6C and 2.6G, a Borrowing Notice of Borrowing for any a Eurodollar Rate Loan or a HIBOR Rate Loan shall be irrevocable on and after the related Interest Rate Determination Date, and the Borrower shall be bound to make a borrowing in accordance therewith. All proceeds of TLF I Loans not otherwise used to pay Transaction Costs on the Initial Borrowing Date shall be deposited in the Project Loans Disbursement Account or Local Currency Loans Accounts, as applicable. All proceeds of TLF II Loans that are Project Cost Term Loans, and Project Cost Revolving Loans, shall be deposited in the Project Loans Disbursement Account or Local Currency Loans Accounts, as applicable. All proceeds of Non-Project Cost Revolving Loans and Non-Project Cost Term Loans shall be deposited in the Operating Accounts, as directed by the Borrower.
Appears in 1 contract
Borrowing Mechanics. Loans (including any Loans made A) Except as Eurodollar Rate Loans with a particular Interest Periodprovided in SECTIONS 2.2(B), 2.3(B) AND 3.5(A), Borrowings shall be in an aggregate minimum amount of the Borrowing Minimum and integral multiples of the Borrowing Multiple in excess of that amount. The made on notice from Borrower shall deliver to the Administrative Agent a Notice of Borrowing not later than 10:00 a.m. (New York time) on the proposed Closing Date; providedAgent, that, in the case of any Loan requested as a Eurodollar Rate Loan, the Borrower shall deliver such Notice of Borrowing given not later than 1:00 p.m. P.M. on the Business Day on which a proposed Borrowing consisting of Prime Rate Loans is requested to be made and on the third Business Day prior to the date of any proposed Borrowing consisting of LIBOR Rate Loans is requested to be made.
(New York time), at least three Business Days in advance of the proposed Closing Date. The I) Each Notice of Borrowing shall specify be given by, alternatively, telephone, facsimile or electronic E-mail transmission, and, if by telephone or electronic E-mail transmission, confirmed in writing, substantially in the form of EXHIBIT C (i) the proposed Closing Date (which "NOTICE OF BORROWING"). Each Notice of Borrowing shall be a Business Day)irrevocable by and binding on Borrower.
(II) Borrower shall notify Agent in writing of the names of the officers of Borrower authorized to request Loans on behalf of Borrower and specifying which of those officers are also, (ii) or, if none are, the amount and Type officers that are, authorized to direct the disbursement of Loans requested, (iv) in the case of any Loans requested a manner contrary to be made as Eurodollar Rate Loans, the initial Interest Period requestedstanding disbursement instructions, and (v) remittance instructions applicable for shall provide Agent with a specimen signature of each such officer. In the absence of a specification of those officers who are authorized to vary standing disbursement instructions, Agent may assume that each officer authorized to request Loans requestedalso has such authority. Loans may be continued as or converted into Base Rate Loans or Eurodollar Rate Loans in the manner provided in Section 2.2D. The Administrative Agent shall be entitled to rely uponconclusively on the authority of such officers' of Borrower to request Loans on behalf of Borrower, or to vary standing disbursement instructions, until Agent receives written notice to the contrary. Agent shall have no duty to verify the authenticity of the signature appearing on any Notice of Borrowing or other writing delivered pursuant to this SECTION 2.2(A) and, with respect to an oral or electronic E-mail request for Loans, Agent shall have no duty to verify the identity of any individual representing himself as one of the officers of Borrower authorized to make such request on behalf of Borrower. Neither Agent nor any of the Lenders shall incur any liability to Borrower as a result of (A) acting upon any telephonic or electronic E-mail notice referred to in this SECTION 2.2(A) if Agent believes in good faith such notice to have been given by a duly authorized officer of Borrower or other individual authorized to request Loans on behalf of Borrower or to direct the disbursement thereof in a manner contrary to standing disbursement instructions, or (B) otherwise acting in good faith under this SECTION 2.2(A) and an advance made and disbursed pursuant to any such telephonic or electronic E-mail notice shall be fully protected in relying upon, any deemed to be a Loan for all purposes of this Credit Agreement.
(III) In its Notice of Borrowing, Notice Borrower may request one or more Borrowings on a single day. Each such Borrowing shall, unless otherwise specifically provided herein, consist entirely of Conversion/Continuation Loans of the same Type and shall, in the case of a Borrowing of LIBOR Rate Loans, be in an aggregate amount for all Lenders of not less than $5,000,000 or similar notice believed by the Administrative Agent to be genuinean integral multiple of $1,000,000 in excess thereof. The Administrative Agent may assume that each Person executing and delivering such a notice was duly authorized, unless the responsible individual acting thereon for the Administrative Agent has actual knowledge right of Borrower to choose LIBOR Rate Loans is subject to the contrary. The Borrower shall notify the Administrative Agent prior to the funding provisions of any Loans in SECTION 4.3(C).
(B) (I) In the event that any Borrower is unable to comply with (A) the Borrowing Base limitation set forth in CLAUSE (II)(B) of the matters PROVISO to which SECTION 2.1(A) or (B) the conditions precedent set forth in SECTION 5.2 to a Credit Event, the Lenders authorize Agent, in its sole discretion, to make Revolving Loans ("INTERIM ADVANCES") to Borrower is required to certify in during the Notice of Borrowing are no longer true and correct as of period commencing on the Closing Date, and the acceptance by the Borrower of the proceeds of any Loans shall constitute a re-certification by the Borrower, as of the Closing Date, as to the matters to which the Borrower is required to certify in the Notice of Borrowing. Except as otherwise provided in Sections 2.6B, 2.6C, 2.6D and 2.6G, date Agent first receives a Notice of Borrowing for any Loan shall be irrevocable requesting an Interim Advance until the earliest of (1) the twentieth (20th) Business Day after such date, (2) the date Borrower is again able to comply with such Borrowing Base limitation and conditions precedent, or obtains an amendment or waiver with respect thereto and (3) the Borrower shall be bound date the Majority Lenders instruct Agent, or Agent determines, to make a borrowing cease making Interim Advances (in accordance therewitheach case, the "INTERIM ADVANCE PERIOD").
Appears in 1 contract
Sources: Credit Agreement (Weider Nutrition International Inc)
Borrowing Mechanics. Subject to the terms and conditions of this Agreement and in reliance upon the representations and warranties of the Borrower herein set forth, each Lender hereby severally agrees to make the Loans described in Section 2.1.A., if, and only if, the borrowing mechanics set forth -------------- as follows are satisfied:
(including any i) Loans made as Eurodollar Rate Loans with a particular Interest Period) shall be in an aggregate minimum amount of the Borrowing Minimum $1,000,000 and integral multiples of the Borrowing Multiple $200,000 in excess of that amount. The .
(ii) Whenever the Borrower desires that the Lenders make Loans the Borrower shall deliver to the Administrative Agent a Notice Loan/Letter of Borrowing not Credit Request no later than 10:00 a.m. A.M. (New York City time) on the proposed Closing Date; provided, that, in the case of any Loan requested as a Eurodollar Rate Loan, the Borrower shall deliver such Notice of Borrowing not later than 1:00 p.m. (New York time), at least three Business Days in advance of the proposed Closing DateLoan Date (in the case of a Eurodollar Rate Loan) or at least one Business Day in advance of the proposed Loan Date (in the case of a Base Rate Loan). The Notice Borrower may request a Loan no more frequently than once per month.
(iii) Each Loan/Letter of Borrowing Credit Request shall (a) specify (i1) the aggregate amount of the requested Loan, (2) the proposed Closing Loan Date (which shall be may occur only on a Business Day), (ii3) the amount whether any Loan shall be Base Rate Loan or Eurodollar Rate Loan, and Type of Loans requested, (iv4) in the case of any Loans requested to be made as Eurodollar Rate Loans, the initial Interest Period requestedrequested therefor, which shall be a period contemplated by the definition of the term "Interest Period," and (vb) remittance instructions applicable for the Loans requested. Loans may be continued as or converted into Base Rate Loans or Eurodollar Rate Loans in the manner provided in Section 2.2D. The Administrative Agent shall be entitled to rely upon, accompanied by an accurate and shall be fully protected in relying upon, any Notice complete Loan/Letter of Borrowing, Notice of Conversion/Continuation or similar notice believed by the Administrative Agent to be genuine. The Administrative Agent may assume that each Person executing and delivering such a notice was duly authorized, unless the responsible individual acting thereon for the Administrative Agent has actual knowledge to the contrary. Credit Certificate.
(iv) The Borrower shall notify the Administrative Agent prior to the funding making of any Loans Loan in the event that any of the matters to which the Borrower is required to certify in the Notice applicable Loan/Letter of Borrowing are Credit Request or Loan/Letter of Credit Certificate, as applicable, is no longer true accurate and correct complete as of the Closing applicable Loan Date, and the acceptance by the Borrower of the proceeds of any Loans Loan shall constitute a re-re- certification by the Borrower, as of the Closing applicable Loan Date, as to the matters to which the Borrower is required to certify in the Notice applicable Loan/Letter of BorrowingCredit Request and Loan/Letter of Credit Certificate. Except as otherwise provided in Sections 2.6B, 2.6C, 2.6D 2.6.B. and 2.6G2.6.C., a Notice Loan/Letter --------------- ------ of Borrowing Credit Request for any a Eurodollar Rate Loan shall be irrevocable on and after the related Interest Rate Determination Date, and a Loan/Letter of Credit Request for a Base Rate Loan shall be irrevocable on and after the delivery of such Loan/Letter of Credit Request to the Administrative Agent and, in each case, the Borrower shall be bound to make a borrowing in accordance therewith.
Appears in 1 contract
Borrowing Mechanics. Subject to the terms and conditions of this Agreement and in reliance upon the representations and warranties of each Borrower herein set forth, each Lender hereby severally agrees to make the Loans described in Section 2.1.A., if, and only if, the borrowing mechanics set forth as follows are satisfied (including any Loans or, if such borrowing mechanics are not followed, upon notice from the Administrative Agent that a Revolving Loan is being made as Eurodollar Rate Loans with in order to reimburse the Issuing Bank for a particular Interest Perioddrawing on a Letter of Credit):
(i) With respect to the making of a Loan, each Loan/Letter of Credit Request shall be in an (a) specify (1) the identity of the applicable Borrower, (2) the aggregate minimum amount of the Borrowing Minimum and integral multiples of the Borrowing Multiple in excess of that amount. The Borrower shall deliver to the Administrative Agent a Notice of Borrowing not later than 10:00 a.m. (New York time) on the proposed Closing Date; provided, that, in the case of any Loan requested as a Eurodollar Rate Loan, the Borrower shall deliver such Notice of Borrowing not later than 1:00 p.m. (New York time), at least three Business Days in advance of the proposed Closing Date. The Notice of Borrowing shall specify (i3) the proposed Closing Loan Date (which shall be may occur only on a Business Day), and (4) the date and amount of the Letter of Credit drawing and/or other Letter of Credit Obligations that are to be reimbursed with the proceeds of such Revolving Loan;
(ii) With respect to the amount and Type issuance of Loans requesteda Letter of Credit, (iv) in the case of any Loans requested to each such issuance shall be made as Eurodollar Rate Loans, in accordance with the initial Interest Period requested, and (v) remittance instructions applicable for the Loans requested. Loans may be continued as or converted into Base Rate Loans or Eurodollar Rate Loans in the manner provided requirements set forth in Section 2.2D. 2.2.B; and
(iii) The Administrative Agent shall be entitled to rely upon, and shall be fully protected in relying upon, any Notice of Borrowing, Notice of Conversion/Continuation or similar notice believed by the Administrative Agent to be genuine. The Administrative Agent may assume that each Person executing and delivering such a notice was duly authorized, unless the responsible individual acting thereon for the Administrative Agent has actual knowledge to the contrary. The applicable Borrower shall notify the Administrative Agent prior to the funding making of any Loans Loan in the event that any of the matters to which the such Borrower is required to certify in the Notice applicable Loan/Letter of Borrowing are Credit Request or Loan/Letter of Credit Certificate, as applicable, is no longer true accurate and correct complete as of the Closing applicable Loan Date, and the acceptance by the any Borrower of the proceeds of any Loans Loan shall constitute a re-certification by the applicable Borrower, as of the Closing applicable Loan Date, as to the matters to which the such Borrower is required to certify in the Notice applicable Loan/Letter of Borrowing. Except Credit Request and Loan/Letter of Credit Certificate.
(f) Section 2.1.C. of the Credit Agreement is amended by (i) deleting the last sentence in the first paragraph thereof and substituting in lieu thereof the following: “The Administrative Agent shall disburse the proceeds of each Loan to the Issuing Bank to reimburse the Issuing Bank for the Letter of Credit Obligations that are being reimbursed with the proceeds of such Loan (or, if the Lenders have previously reimbursed the Issuing Bank for such Letter of Credit Obligations, to the Lenders in the amounts in which they reimbursed the Issuing Bank)”; and (ii) deleting each reference to the phrase “rate payable under this Agreement for Base Rate Loans” and substituting in lieu thereof the phrase: “Applicable Interest Rate”.
(g) Section 2.2.A of the Credit Agreement is hereby amended by deleting the amount “6,081,744.27” and substituting in lieu thereof the amount “$5,595,204.73”.
(h) Section 2.2.C of the Credit Agreement is hereby amended by deleting the last sentence therein in its entirety and substituting in lieu thereof the following new sentence: “For the avoidance of doubt, each Lender hereby acknowledges and agrees that, in respect of all Letters of Credit outstanding as otherwise provided in Sections 2.6Bof the Eighteenth Amendment Effective Date and all Letters of Credit issued on and after the Eighteenth Amendment Effective Date, 2.6C, 2.6D and 2.6G, a Notice of Borrowing for any Loan (i) each Lender shall be irrevocable deemed to have purchased without recourse a participation interest from the Issuing Bank in such Letter of Credit and (ii) the Borrower obligations arising thereunder shall be bound equal to make a borrowing such Lender’s LOC Pro Rata Share as set forth opposite such Lender’s name on Schedule 2.1.A annexed hereto.”
(i) Section 2.2.D of the Credit Agreement is amended by deleting each reference to “interest rate otherwise payable under this Agreement for Base Rate Loans” and substituting in accordance therewithlieu thereof: “Applicable Interest Rate”.
(j) Section 2.2.E of the Credit Agreement is hereby amended by deleting such Section in its entirety and substituting in lieu thereof the following new Section 2.2.E:
Appears in 1 contract
Sources: Amended and Restated Credit Agreement (Fibernet Telecom Group Inc\)
Borrowing Mechanics. Loans (including any Loans made as Eurodollar Rate on any Funding Date (other than Revolving Loans with made pursuant to subsection 3.3B for the purpose of reimbursing any Issuing Lender for the amount of a particular Interest Period) drawing under a Letter of Credit issued by it, and Swing Line Loans which shall be governed by the provisions of subsection 2.10), shall be in an aggregate minimum amount of the Borrowing Minimum (y) $15,000,000 and integral multiples of the Borrowing Multiple $5,000,000 in excess of that amountamount (or the equivalent in Macau Patacas) in the case of Term Loans and (z) $1,000,000 and integral multiples of $100,000 in the case of Revolving Loans. The Whenever the Borrower desires that Lenders make Term Loans (other than the initial Credit Extensions on the Closing Date and Term B Delayed Draw Loans on the Term B Delayed Draw Loan Commitment Termination Date) or Project Cost Revolving Loans, the Borrower shall deliver to the Disbursement Agent the Advance Request, Borrowing Notice, and related documentation required by the terms of Section 2.4.1(a) of the Disbursement Agreement. Each such Advance Request and Borrowing Notice must be received by the Disbursement Agent prior to 2:00 p.m., Eastern time, at least (i) five Business Days prior to the requested Funding Date, in the case of Eurodollar Rate Loans, or (ii) two Business Days prior to the requested Funding Date, in the case of Base Rate Loans and must specify (x) the amount and Type of Loans to be borrowed, (y) the requested Funding Date and (z) in the case of Eurodollar Rate Loans, the length of the initial Interest Period therefor. Each relevant Lender will make the amount of its share of each borrowing as is required pursuant to and subject to the requirements of Section 2.4.3(a) of the Disbursement Agreement available to the Disbursement Agent in immediately available Dollars. Whenever the Borrower desires that Lenders make Revolving Loans that are not Project Cost Revolving Loans (other than Revolving Loans made pursuant to subsection 3.3B for the purpose of reimbursing any Issuing Lender for the amount of a drawing under a Letter of Credit issued by it, and Swing Line Loans which shall be governed by the provisions of subsection 2.10), it shall deliver to the Administrative Agent a Borrowing Notice of Borrowing not later than 10:00 a.m. (New York time) on the proposed Closing Date; provided, that, in the case of any Loan requested as a Eurodollar Rate Loan, the Borrower shall deliver such Notice of Borrowing not no later than 1:00 p.m. (New York Eastern time), ) at least three five Business Days in advance of the proposed Closing DateFunding Date (in the case of a Eurodollar Rate Loan) or at least one Business Day in advance of the proposed Funding Date (in the case of a Base Rate Loan). The Borrowing Notice of Borrowing shall specify (i) the proposed Closing Funding Date (which shall be a Business Day), (ii) the amount and Type of Revolving Loans requested, (iii) whether such Revolving Loans shall be Base Rate Loans or Eurodollar Rate Loans, and (iv) in the case of any Loans requested to be made as Eurodollar Rate Loans, the initial Interest Period requested, and (v) remittance instructions applicable for the Loans requested. Loans may be continued as or converted into Base Rate Loans or Eurodollar Rate Loans in the manner provided in Section 2.2D. The Administrative Agent shall be entitled to rely upon, and shall be fully protected in relying upon, any Notice of Borrowing, Notice of Conversion/Continuation or similar notice believed by the Administrative Agent to be genuine. The Administrative Agent may assume that each Person executing and delivering such a notice was duly authorized, unless the responsible individual acting thereon for the Administrative Agent has actual knowledge to the contraryrequested therefor. The Borrower shall notify the Administrative Agent prior to the funding of any such Revolving Loans in the event that any of the matters to which the Borrower is required to certify in the applicable Borrowing Notice of Borrowing are is no longer true and correct as of the Closing applicable Funding Date, and the acceptance by the Borrower of the proceeds of any such Revolving Loans shall constitute a re-certification recertification by the Borrower, as of the Closing applicable Funding Date, as to the matters to which the Borrower is required to certify in the Notice applicable Borrowing Notice. The parties hereto acknowledge and confirm that, notwithstanding any other provision of Borrowingthis Agreement, the Borrower shall not be permitted to request that any Revolving Loans be made on the Closing Date. Except as otherwise provided in Sections subsections 2.6B, 2.6C, 2.6D 2.6C and 2.6G, a Borrowing Notice of Borrowing for any a Eurodollar Rate Loan or a HIBOR Rate Loan shall be irrevocable on and after the related Interest Rate Determination Date, and the Borrower shall be bound to make a borrowing in accordance therewith. All proceeds of Term B Funded Project Loans not otherwise used to repay the Refinanced Debt or pay Transaction Costs on the Closing Date shall be deposited first, in the Interest Escrow Account in the amount required by Section 4.1H(iii), pro rata with any Term B Funded Non-Casino Loans not otherwise used to repay the Refinanced Debt or pay Transaction Costs on the Closing Date, and second, in the Project Loans Proceeds Sub-Account. All proceeds of Term B Funded Non-Casino Loans not otherwise used to repay the Refinanced Debt or pay Transaction Costs on the Closing Date shall be deposited first, in the Interest Escrow Account in the amount required by Section 4.1H(iii), pro rata with any Term B Funded Project Loans not otherwise used to repay the Refinanced Debt or pay Transaction Costs on the Closing Date, and second, in the Non-Casino Loans Proceeds Sub-Account. All proceeds of Local Term Loans borrowed on the Closing Date shall be deposited in the Local Currency Loans Account. All Term B Delayed Draw Loans not otherwise borrowed prior to the Term B Delayed Draw Loan Commitment Termination Date may be borrowed on the Term B Delayed Draw Loan Commitment Termination Date and deposited in the Project Loans Proceeds Sub-Account and the Non-Casino Loans Proceeds Sub-Account, as applicable, following delivery of a Borrowing Notice with respect to such Term B Delayed Draw Loans setting forth the information requested thereby.
Appears in 1 contract