Borrowing Procedure. In order to request a Borrowing (other than a Competitive Borrowing, as to which this Section 2.04 shall not apply), the Borrower shall hand deliver or telecopy to the Administrative Agent a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, three Business Days before a proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 10:00 a.m., New York City time, on the day of a proposed Borrowing. Each Borrowing Request shall be irrevocable, signed by or on behalf of the Borrower, and shall specify the following information: (i) whether the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's duration. The Administrative Agent shall promptly advise the Lenders of any notice given pursuant to this Section 2.04 (and the contents thereof), and of each Lender's portion of the requested Borrowing.
Appears in 3 contracts
Sources: 364 Day Competitive Advance and Revolving Credit Facility (Raytheon Co/), Five Year Competitive Advance and Revolving Credit Facility (Raytheon Co/), 364 Day Competitive Advance and Revolving Credit Facility (Raytheon Co/)
Borrowing Procedure. In order to request a Borrowing (other than a Competitive Borrowing, as to which this Section 2.04 shall not apply), the Borrower shall hand deliver or telecopy to notify the Administrative Agent a duly completed Borrowing Request of such request in writing or by telephone (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m.1:00 p.m., New York City time, three (3) Business Days before a proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 10:00 a.m.1:00 p.m., New York City time, on the day of one (1) Business Day before a proposed Borrowing. Each Borrowing Request such notice shall be irrevocable, signed and any telephonic notice shall be confirmed promptly by or on behalf delivery of the Borrower, a written Borrowing Request and shall specify the following information: (i) whether the such Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c))disbursed; (iv) the amount of such Borrowing; Borrowing and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, provided that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's ’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.04 2.03 (and the contents thereof), and of each Lender's portion ’s pro rata share of the requested Borrowing.
Appears in 3 contracts
Sources: Credit Agreement (School Specialty Inc), Credit Agreement (School Specialty Inc), Credit Agreement (School Specialty Inc)
Borrowing Procedure. In order to request a Borrowing (other than a Competitive Borrowing, as to which this Section 2.04 shall not apply), the Borrower shall hand deliver or telecopy to notify the Administrative Agent a duly completed Borrowing Request of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, three Business Days before a proposed Borrowing Borrowing, and (b) in the case of an ABR Borrowing, not later than 10:00 11:00 a.m., New York City time, on the day of a proposed Borrowing. Each Borrowing Request shall be irrevocable, signed shall be confirmed promptly by hand delivery or on behalf telecopy to the Administrative Agent of a written Borrowing Request substantially in the Borrower, form of Exhibit C or such other form as shall be acceptable to the Administrative Agent and shall specify the following information: (i) whether the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's duration. The Administrative Agent shall promptly advise the Lenders of any notice given pursuant to this Section 2.04 (and the contents thereof), and of each Lender's portion of the requested Borrowing.
Appears in 3 contracts
Sources: 364 Day Credit Agreement (Laboratory Corp of America Holdings), 364 Day Credit Agreement (Laboratory Corp of America Holdings), 364 Day Credit Agreement (Laboratory Corp of America Holdings)
Borrowing Procedure. In order to request a Borrowing (other than a Competitive BorrowingBorrowing or a deemed Borrowing pursuant to Section 2.02(f) hereof, as to which this Section 2.04 shall not apply), the Borrower shall hand deliver or telecopy to the Administrative Agent a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City Dallas, Texas time, three Business Days before a proposed Borrowing Borrowing, and (b) in the case of an ABR Borrowing, not later than 10:00 a.m., New York City timeDallas, Texas on the day date (which shall be a Business Day) of a proposed Borrowing. Each Borrowing Request shall be irrevocable, shall be signed by or on behalf of the Borrower, Borrower and shall specify the following information: (i) whether the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing (it being understood that the Borrowing on the Closing Date shall be an ABR Borrowing); (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c))) hereof; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; and (vi) if the Borrower has complied with each condition set forth in Section 2.02(b) hereof; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Competitive Borrowing shall comply with the requirements set forth in Section 2.022.03 hereof. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's duration. The Administrative Agent shall promptly advise the Lenders of any notice given pursuant to this Section 2.04 hereof (and the contents thereof), and of each Lender's portion of the requested Borrowing.
Appears in 3 contracts
Sources: Credit Agreement (On Command Corp), Credit Agreement (On Command Corp), Credit Agreement (Ascent Entertainment Group Inc)
Borrowing Procedure. In order to request a Borrowing (other than a Competitive Borrowing, as to which this Section 2.04 shall not apply), the The Borrower shall hand deliver or telecopy request the borrowing of a Loan by delivering to the Administrative Agent Lender a duly completed written Borrowing Request (a) in Notice signed by the case of a Eurodollar BorrowingBorrower, not which shall be delivered to the Lender by no later than 11:00 a.m., New York City time, three Business Days before a proposed Borrowing and fifteen (b15) in days (or such shorter period as may be agreed by the case Lender) prior to the date of an ABR Borrowing, not later than 10:00 a.m., New York City time, on the day of a proposed Borrowingrequested borrowing. Each Borrowing Request Notice shall be irrevocable, signed irrevocable and shall specify (i) the Tranche that is requested by or on behalf of the Borrower, and shall specify the following information: (i) whether the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing the requested borrowing (which shall be a Business DayDay not less than fifteen (15) days after delivery, or such shorter period as may be agreed by the Lender); , (iii) the number and location aggregate principal amount of the account to which funds are Tranche to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); borrowed, (iv) the amount specific purposes to which the proceeds of such Borrowing; Loan shall be applied (as permitted by Section 2.5 below), and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements other information and certifications as set forth in Section 2.02the form of Borrowing Notice and as the Lender shall otherwise have reasonably requested. If no election as Each submittal of a Borrowing Notice by the Borrower to the Type of Borrowing is specified in any such noticeLender shall constitute a separate representation, then warranty and covenant by the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then Borrower that the conditions precedent thereto have been satisfied and that the Borrower shall be deemed to have selected an Interest Period of one month's duration. The Administrative Agent shall promptly advise use and apply the Lenders of any notice given pursuant to this Section 2.04 (and the contents thereof), and of each Lender's portion proceeds of the requested BorrowingLoan solely as set forth in such Borrowing Notice. No Tranche shall be advanced if a Default or Event of Default has occurred and is continuing (unless the Lender has waived the relevant Default or Event of Default for the purpose of advancing the Loan).
Appears in 3 contracts
Sources: Senior Secured Gold Stream Credit Agreement (Golden Phoenix Minerals Inc), Senior Secured Gold Stream Credit Agreement (Golden Phoenix Minerals Inc), Senior Secured Gold Stream Credit Agreement (Golden Phoenix Minerals Inc)
Borrowing Procedure. In order to request a Borrowing (other than a Competitive Borrowing, as to which this Section 2.04 shall not apply), the Borrower shall hand deliver or telecopy to notify the Administrative Agent a duly completed Borrowing Request of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, 12:30 p.m. three Business Days before a proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 10:00 a.m., New York City time, on the day of 12:30 p.m. one Business Day before a proposed Borrowing. Each Borrowing Request such telephonic request shall be irrevocable, signed shall be confirmed promptly by hand delivery or on behalf fax to the Administrative Agent of the Borrower, a written Borrowing Request and shall specify the following information: (i) whether the such Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c))disbursed; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the initial Interest Period or Interest Periods with respect thereto; provided, however, that, that notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's ’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.04 2.03 (and the contents thereof), and of each Lender's ’s portion of the requested Borrowing.
Appears in 3 contracts
Sources: Term Loan Agreement (CDW Finance Corp), Term Loan Agreement (CDW Corp), Term Loan Agreement (CDW Finance Corp)
Borrowing Procedure. In order to request a Borrowing (other than a Competitive BorrowingSwingline Loan or a deemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.04 2.03 shall not apply), the Borrower shall hand deliver or telecopy to notify the Administrative Agent a duly completed Borrowing Request of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m.12:00 noon, New York City time, three Business Days before a proposed Borrowing Borrowing, and (b) in the case of an ABR Borrowing, not later than 10:00 a.m.12:00 noon, New York City time, on one Business Day before the day of a proposed BorrowingBorrowing is to occur. Each such telephonic Borrowing Request shall be irrevocable, signed and shall be confirmed promptly by hand delivery or on behalf fax to the Administrative Agent of the Borrower, a written Borrowing Request and shall specify the following information: (i) whether the such Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c))disbursed; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's ’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.04 2.03 (and the contents thereof), and of each Lender's ’s portion of the requested Borrowing.
Appears in 2 contracts
Sources: Revolving Credit Agreement (Reliant Software, Inc.), Revolving Credit Agreement (Community Choice Financial Inc.)
Borrowing Procedure. In order to request a Borrowing (other than a Competitive Borrowing, as to which this Section 2.04 shall not apply), the Borrower shall hand deliver or telecopy to notify the Administrative Agent a duly completed Borrowing Request of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m.1:00 p.m., New York City time, three Business Days before a proposed Borrowing Borrowing, and (b) in the case of an ABR Borrowing, not later than 10:00 a.m.1:00 p.m., New York City time, on the day of one Business Day before a proposed BorrowingBorrowing or such other prior notice reasonably acceptable to the Administrative Agent. Each such telephonic Borrowing Request shall be irrevocable, signed and shall be confirmed promptly by hand delivery or on behalf fax to the Administrative Agent of the Borrower, a written Borrowing Request and shall specify the following information: (i) whether the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c))disbursed; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's ’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.04 2.03 (and the contents thereof), and of each Lender's ’s portion of the requested Borrowing.
Appears in 2 contracts
Sources: Credit Agreement (Dynegy Inc.), Credit Agreement (Dynegy Inc.)
Borrowing Procedure. In order to request a Borrowing (other than a Competitive Borrowing, the U.S. Borrower or Cayman Borrower, as to which this Section 2.04 applicable, shall not apply), the Borrower shall hand deliver or telecopy to notify the Administrative Agent a duly completed Borrowing Request of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m.12:00 (noon), New York City time, three Business Days before a proposed Borrowing (or as otherwise agreed by the Administrative Agent in its sole discretion), and (b) in the case of an ABR Borrowing, not later than 10:00 a.m.12:00 (noon), New York City time, on the day of a proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable, signed and shall be confirmed promptly by hand delivery or on behalf fax to the Administrative Agent of the Borrower, a written Borrowing Request and shall specify the following information: (i) whether the Borrowing then being requested is to be a Term Borrowing of Loans made pursuant to Section 2.01(a) or an Incremental Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c))disbursed; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the U.S. Borrower or Cayman Borrower, as applicable, shall be deemed to have selected an Interest Period of one month's ’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.04 2.03 (and the contents thereof), and of each Lender's ’s portion of the requested Borrowing.
Appears in 2 contracts
Sources: Credit Agreement (Lindblad Expeditions Holdings, Inc.), Credit Agreement (Lindblad Expeditions Holdings, Inc.)
Borrowing Procedure. In order to To request a Borrowing (other than a Competitive Borrowing, as to which this Section 2.04 shall not apply), the Borrower shall hand deliver via telephonic or telecopy to the Administrative Agent a duly completed Borrowing Request email notice, (ai) in the case of a Eurodollar Borrowing, not later than 11:00 a.m.1:00 p.m., New York City time, three (3) Business Days before a the date of the proposed Borrowing and or (bii) in the case of an ABR Borrowing, not later than 10:00 a.m.1:00 p.m., New York City time, on the day date of a the proposed Borrowing. Each Borrowing Request shall be irrevocable, signed by or on behalf of the Borrower, irrevocable and shall specify the following information: information in compliance with Section 2.02:
(ia) whether the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR aggregate amount of such Borrowing; ;
(iib) the date of such Borrowing (Borrowing, which shall be a Business Day); ;
(iiic) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(d) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”;
(e) the location and number and location of the Borrower’s account to which funds are to be disbursed (disbursed, which shall be an account that complies comply with the requirements of Section 2.02(c)); and
(ivf) that the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements conditions set forth in Section 2.02Sections 4.01 have been satisfied as of the date of the notice. If no election as to the Type of Borrowing is specified in any such noticespecified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing is specified in any such noticeBorrowing, then the Borrower shall be deemed to have selected an Interest Period of one month's ’s duration. The Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall promptly advise each Lender of the Lenders of any notice given pursuant to this Section 2.04 (and the contents thereof), details thereof and of each the amount of such Lender's portion ’s Loan to be made as part of the requested Borrowing.
Appears in 2 contracts
Sources: Senior Secured Credit Agreement (Lifetime Brands, Inc), Senior Secured Credit Agreement (Lifetime Brands, Inc)
Borrowing Procedure. In order to request a Borrowing (other than a Competitive Borrowing, as to which this Section 2.04 shall not apply)a) the Initial Loan, the Borrower shall hand deliver or telecopy to notify the Administrative Agent a duly completed Borrowing Request Lender of such request in writing on the proposed Funding Date (a) in the case of a Eurodollar Borrowing, not which shall be no later than 11:00 a.m., New York City time, three Business Days before a proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 10:00 a.m.12:00 p.m., New York City time, on March 24, 2025) and (b) any other Loan, the day Borrower shall notify the Lender of such request in writing not less than one (1) Business Day prior to the applicable Funding Date, in each case, such requests to be substantially in the form of Exhibit C (each a proposed Borrowing“Borrowing Request”). Each Such Borrowing Request shall be irrevocable, signed by or on behalf of the Borrower, irrevocable and shall specify the following information: (i) whether the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date Funding Date of such Borrowing Loan (which shall be a Business Day); , (ii) the principal amount of such Loan in Dollars, (iii) the number and location of wiring instructions for the account account(s) to which the funds are to be disbursed (which disbursed; provided that all Loan proceeds to be used to satisfy repurchase or exchange obligations with respect to the Exchangeable Debentures, as hereby directed by the Borrower in this Section 2.3 and for the benefit of the Borrower, shall be an account that complies with disbursed directly to the requirements of Section 2.02(cPaying Agent (as defined in the Exchangeable Senior Debentures Indenture)); , and (iv) a representation by the amount Borrower that each condition specified in Section 4.1 is satisfied on the date of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with . As soon as made available by the requirements set forth in Section 2.02. If no election as trustee or paying agent to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period Borrower with respect to any Eurodollar Borrowing is specified in any such noticethe Exchangeable Debentures, then the Borrower shall be deemed to promptly provide any summary information on which of such debentures have selected an Interest Period of one month's duration. The Administrative Agent shall promptly advise the Lenders of any notice given been tendered for exchange or satisfaction and amounts payable with respect thereto (including pursuant to this Section 2.04 (and the contents thereofPurchase Notice to Holders dated February 12, 2025), and of each Lender's portion of the requested Borrowing.
Appears in 2 contracts
Sources: Loan Agreement (TripAdvisor, Inc.), Loan Agreement (Liberty TripAdvisor Holdings, Inc.)
Borrowing Procedure. In order to request a Borrowing (other than a Competitive Borrowing, as to which this Section 2.04 shall not apply), the Borrower shall hand deliver or telecopy to the Administrative Agent a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, three Business Days before a proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 10:00 a.m., New York City time, on the day of a proposed Borrowing. Each Borrowing Request shall be irrevocable, signed by or on behalf of the Borrower, and shall specify the following information: (i) whether the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's ’s duration. The Administrative Agent shall promptly advise the Lenders of any notice given pursuant to this Section 2.04 (and the contents thereof), and of each Lender's ’s portion of the requested Borrowing.
Appears in 2 contracts
Sources: 364 Day Competitive Advance and Revolving Credit Facility, 364 Day Competitive Advance and Revolving Credit Facility (Raytheon Co/)
Borrowing Procedure. In order to request a Borrowing (other than a Competitive Borrowing, as to which this Section 2.04 shall not apply), the Borrower shall hand deliver or telecopy to notify the Administrative Agent a duly completed Borrowing Request of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m.1:00 p.m., New York City time, three Business Days before a proposed Borrowing Borrowing, and (b) in the case of an ABR Borrowing, not later than 10:00 a.m.1:00 p.m., New York City time, on the day of one Business Day before a proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable, signed and shall be confirmed promptly by hand delivery or on behalf fax to the Administrative Agent of the Borrower, a written Borrowing Request and shall specify the following information: (i) whether the such Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c))disbursed; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, that notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR a Eurodollar Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's ’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.04 2.03 (and the contents thereof), and of each Lender's ’s portion of the requested Borrowing.
Appears in 2 contracts
Sources: Second Lien Credit Agreement (Hawkeye Holdings, Inc.), Second Lien Credit Agreement (Hawkeye Holdings, Inc.)
Borrowing Procedure. In order to (a) To request a Borrowing (other than a Competitive Borrowing, as Administrative Borrower, on behalf of the applicable Borrower, shall deliver, by hand delivery, telecopier or, to which this the extent separately agreed by the Administrative Agent, by an electronic communication in accordance with the second sentence of Section 2.04 shall not apply11.01(b) and the second paragraph of Section 11.01(d), the Borrower shall hand deliver or telecopy a duly completed and executed Borrowing Request to the Administrative Agent a duly completed Borrowing Request (ai) in the case of a Eurodollar Eurocurrency Borrowing, not later than 11:00 a.m., New York City time, three (3) Business Days before a the date of the proposed Borrowing and Borrowing, or (bii) in the case of an ABR Borrowing, not later than 10:00 9:00 a.m., New York City time, on the day date of a the proposed Borrowing. Each Borrowing Request shall be irrevocable, signed by or on behalf of the Borrower, irrevocable and shall specify the following information: information in compliance with Section 2.02:
(i) whether the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR aggregate amount of such Borrowing; ;
(ii) the date of such Borrowing (Borrowing, which shall be a Business Day); 55
(iii) whether such Borrowing shall constitute a Borrowing of U.S. Term Loans or Canadian Term Loans;
(iv) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Borrowing;
(v) in the number and location case of a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”;
(vi) the location and number of the applicable Borrower’s account to which funds are to be disbursed (disbursed, which shall be an account that complies comply with the requirements of Section 2.02(c)); ;
(ivvii) in the amount case of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowingthe initial Credit Extension hereunder or under any Incremental Term Loan Commitments, that the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements conditions set forth in Section 2.024.02(b) — (d) have been satisfied as of the date of the notice. If no election as to the Type of Borrowing is specified in any such noticespecified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any Eurodollar Borrowing is specified in any such noticerequested Eurocurrency Borrowing, then Administrative Borrower on behalf of the applicable Borrower shall be deemed to have selected an Interest Period of one month's ’s duration. The Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall promptly advise each applicable Lender of the Lenders of any notice given pursuant to this Section 2.04 (and the contents thereof), details thereof and of each the amount of such Lender's portion ’s Loan to be made as part of the requested Borrowing.
Appears in 2 contracts
Sources: Credit Agreement (Novelis Inc.), Credit Agreement (Novelis South America Holdings LLC)
Borrowing Procedure. In order to request a Borrowing (other than a Competitive Borrowing, deemed Borrowing pursuant to Section 2.02(g) or a Swing Line Borrowing as to which this Section 2.04 2.03 shall not apply), the Borrower shall hand deliver deliver, fax or telecopy send by electronic communication (e-mail) (or by telephone notice promptly confirmed by a written, fax or electronic communication (e-mail)) to the Administrative Agent a duly completed Borrowing Request (a) in the case of a Eurodollar Eurocurrency Borrowing, not later than 11:00 a.m., New York City time, 3:00 p.m. (Standard Time) three Business Days before a proposed Borrowing Borrowing, and (b) in the case of an ABR Borrowing, Borrowing not later than 10:00 a.m., New York City time, 1:00 p.m. (Standard Time) on the day of a the proposed Borrowing. Each such Borrowing Request shall be irrevocable, shall be signed by or on behalf of a Responsible Officer of the Borrower, Borrower and shall specify the following information: (i) whether the such Borrowing then being requested is to be a Eurodollar Eurocurrency Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Eurocurrency Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Eurocurrency Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's ’s duration. The Administrative Agent shall promptly advise the Lenders of any notice given pursuant to this Section 2.04 2.03 (and the contents thereof), and of each Lender's ’s portion of the requested Borrowing.
Appears in 2 contracts
Sources: Credit Agreement (Oil States International, Inc), Credit Agreement (Oil States International, Inc)
Borrowing Procedure. In order to request a Borrowing (other than a Competitive Borrowing, as to which this Section 2.04 shall not apply), the Borrower shall hand deliver or telecopy a fully executed Borrowing Request to the Administrative Agent a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m.by 3:00 p.m, New York City time, three no fewer than five (5) Business Days before a proposed Borrowing and (b) other than in the case of an ABR Borrowingthe Borrowing to be made on the Closing Date, not later than 10:00 a.m.which may be provided by 2:00 p.m., New York City time, on the day of a not less than one Business Day before such proposed Borrowing). Each Such Borrowing Request shall be irrevocable, signed by or on behalf of the Borrower, irrevocable and shall specify the following information: (i) whether the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c))disbursed; and (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's ’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.04 2.03 (and the contents thereof), and of each Lender's ’s portion of the requested Borrowing.
Appears in 2 contracts
Sources: Term Loan Credit Agreement (Pyxus International, Inc.), Term Loan Credit Agreement (Pyxus International, Inc.)
Borrowing Procedure. In order to request a Borrowing (other than a Competitive BorrowingSwingline Loan or a deemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.04 2.03 shall not apply), the Borrower shall hand deliver or telecopy to notify the Administrative Agent a duly completed Borrowing Request of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m.12:00 noon, New York City time, three Business Days before a proposed Borrowing Borrowing, and (b) in the case of an ABR Borrowing, not later than 10:00 a.m.12:00 noon, New York City time, on the day of one Business Day before a proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable, signed and shall be confirmed promptly by hand delivery or on behalf fax to the Administrative Agent of the Borrower, a written Borrowing Request and shall specify the following information: (i) whether the such Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c))disbursed; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's ’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.04 2.03 (and the contents thereof), and of each Lender's ’s portion of the requested Borrowing.
Appears in 2 contracts
Sources: Credit Agreement (CGG Veritas), Credit Agreement (Itc Deltacom Inc)
Borrowing Procedure. In order to To request a Borrowing (other than a Competitive Borrowing, as to which this Section 2.04 shall not apply), the Borrower shall deliver, by hand deliver or telecopy delivery, telecopier or, to the extent separately agreed by the Administrative Agent, by an electronic communication in accordance with the second sentence of Section 11.01(b) and the second paragraph of Section 11.01(d), a duly completed and executed Borrowing Request to the Administrative Agent a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, three Business Days before a proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 10:00 a.m., New York City timeIndia Standard Time, on three (3) Business Days before the day date of a the proposed Borrowing. Each Borrowing Request shall be irrevocableirrevocable (provided that if such Borrowing Request indicates that it is conditioned upon the effectiveness of other credit facilities or any other financing, signed by sale or on behalf of the Borrowerother transaction, such Borrowing Request may be revoked if such credit facilities, other financing, sale or other transaction is not consummated) and shall specify the following information: information in compliance with Section 2.02:
(ia) whether the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR aggregate amount of such Borrowing; ;
(iib) the date of such Borrowing (Borrowing, which shall be a Business Day); Day occurring on or prior to the Commitment Termination Date;
(iiic) the initial Interest Period, which shall be three months;
(d) the location and number and location of the account to which funds are to be disbursed (which shall be an account that complies with of Standard Chartered Bank for the requirements purpose of Section 2.02(c)applying such amount directly to the repayment of the Initial Secured Term Loans); and
(ive) that the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements conditions set forth in Section 2.024.02 will be satisfied on the Closing Date. If no election as Subject to the Type first proviso in the definition of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If “Interest Period,” if no Interest Period is specified with respect to any Eurodollar Borrowing is specified in any such noticerequested SOFR Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one three month's ’s duration. The Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall promptly advise each Lender of the Lenders of any notice given pursuant to this Section 2.04 (and the contents thereof), details thereof and of each the amount of such Lender's portion ’s Loan to be made as part of the requested Borrowing.
Appears in 2 contracts
Sources: Short Term Credit Agreement (Novelis Inc.), Short Term Credit Agreement (Novelis Inc.)
Borrowing Procedure. In order to request a Borrowing (other than a Competitive BorrowingSwingline Loan or a deemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.04 2.03 shall not apply), the Borrower shall notify the Administrative Agent by telephone (promptly confirmed by fax) or shall hand deliver or telecopy fax to the Administrative Agent a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m.12:00 p.m. (noon), New York City time, three Business Days before a proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 10:00 a.m.12:00 p.m. (noon), New York City time, on the day of one Business Day before a proposed Borrowing. Each Borrowing Request shall be irrevocable, shall be signed by or on behalf of the Borrower, Borrower and shall specify the following information: (i) whether the Borrowing then being requested is to be a Term Borrowing or a Revolving Credit Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the initial Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's ’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to in accordance with this Section 2.04 2.03 (and the contents thereof), and of each Lender's ’s portion of the requested Borrowing.
Appears in 2 contracts
Sources: Credit Agreement (True Temper Sports PRC Holdings Inc), Credit Agreement (True Temper Sports Inc)
Borrowing Procedure. In order to request a the Borrowing (other than a Competitive Borrowing, as to which this Section 2.04 shall not apply)be made on the Closing Date, the Borrower shall hand deliver or telecopy (with receipt confirmed telephonically) to the Administrative Agent a duly completed Borrowing Request written borrowing request (a) in the case of a Eurodollar Borrowing, not later than 11:00 10:30 a.m., New York City time, three two Business Days before a proposed Borrowing Borrowing, and (b) in the case of an ABR Borrowing, not later than 10:00 10:30 a.m., New York City time, on the day of a same Business Day as the proposed BorrowingBorrowing is to be made. Each Borrowing Request Such borrowing request shall be irrevocable, shall be signed by or on behalf of the Borrower, Borrower and shall specify the following information: (i) whether the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such the Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c2.2(c)); and (iv) the amount length of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the initial Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's duration. The Administrative Agent shall promptly (and in any event on the same day that the Administrative Agent receives such notice, if received by 1:00 p.m., New York City time, on such day) advise the applicable Lenders of any notice given pursuant to this Section 2.04 2.3 (and the contents thereof), and of each Lender's portion of the requested Borrowing.
Appears in 2 contracts
Sources: Senior Subordinated Loan Agreement (Schein Pharmaceutical Inc), Senior Subordinated Loan Agreement (Danbury Pharmacal Puerto Rico Inc)
Borrowing Procedure. In order to request a Borrowing (other than a Competitive Borrowing, deemed Borrowing pursuant to Section 2.02(e) as to which this Section 2.04 2.03 shall not apply; or a conversion or continuation of a Borrowing pursuant to Section 2.10), the Borrower shall hand deliver or telecopy to the Administrative Agent a duly completed written Borrowing Request (a) in the case of a Eurodollar SOFR Borrowing, not later than 11:00 a.m.12:00 (noon), New York City time, three U.S. Government Securities Business Days before a proposed Borrowing (or as otherwise agreed by the Administrative Agent in its sole discretion), and (b) in the case of an ABR Borrowing, not later than 10:00 a.m., New York City time, on the day of a proposed Borrowing. Each such Borrowing Request shall be irrevocable, signed by or irrevocable (except for Borrowing Requests conditioned on behalf the consummation of the Borroweran acquisition permitted hereunder), and shall specify the following information: (i) whether the Borrowing then being requested is to be an Incremental Borrowing or a Eurodollar Revolving Credit Borrowing, and whether such Borrowing is to be a SOFR Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c))disbursed; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar SOFR Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar SOFR Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's ’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.04 2.03 (and the contents thereof), and of each Lender's ’s portion of the requested Borrowing.
Appears in 2 contracts
Sources: Credit Agreement (Lindblad Expeditions Holdings, Inc.), Revolving Credit Agreement (Lindblad Expeditions Holdings, Inc.)
Borrowing Procedure. In order to To request a Borrowing (other than a Competitive Borrowing, as to which this Section 2.04 Borrower shall not applydeliver, by hand delivery or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), the Borrower shall hand deliver or telecopy a duly completed and executed Borrowing Request to the Administrative Agent a duly completed Borrowing Request (ai) in the case of a Eurodollar Borrowing, not later than 11:00 a.m.3:00 p.m., New York City time, three Business Days before a the date of the proposed Borrowing and or (bii) in the case of an ABR Borrowing, not later than 10:00 a.m.1:00 p.m., New York City time, on one Business Day before the day date of a the proposed Borrowing. Each Borrowing Request for a Term Loan shall be irrevocable, signed by or on behalf of the Borrower, irrevocable and shall specify the following information: information in compliance with Section 2.02:
(ia) whether the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR aggregate amount of such Borrowing; ;
(iib) the date of such Borrowing (Borrowing, which shall be a Business Day); ;
(iiic) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(d) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”;
(e) the location and number and location of the Borrower’s account to which funds are to be disbursed disbursed; and
(which shall be an account f) that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements conditions set forth in Section 2.02Sections 4.02(b) and (c) are satisfied as of the date of the notice. If no election as to the Type of Borrowing is specified in any such noticespecified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing is specified in any such noticeBorrowing, then the Borrower shall be deemed to have selected an Interest Period of one month's ’s duration. The Promptly following receipt of a Borrowing Request in accordance with this Section 2.03, the Administrative Agent shall promptly advise each Lender of the Lenders of any notice given pursuant to this Section 2.04 (and the contents thereof), details thereof and of each the amount of such Lender's portion ’s Loan to be made as part of the requested Borrowing.
Appears in 2 contracts
Sources: Credit Agreement (Merge Healthcare Inc), Credit Agreement (Merge Healthcare Inc)
Borrowing Procedure. In order to request a Borrowing (other than a Competitive Borrowing, as to which this Section 2.04 shall not apply), a Responsible Officer of the Borrower shall provide written notice by hand deliver delivery or telecopy fax to the Administrative Agent a duly completed Borrowing Request of such request (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m.12:00 (noon), New York City time, three Business Days (or such shorter period as the Administrative Agent may agree) before a proposed Borrowing Borrowing, and (b) in the case of an ABR Borrowing, not later than 10:00 a.m.12:00 noon, New York City time, on the day of one Business Day before a proposed Borrowing. Each such Borrowing Request shall be irrevocable, signed by or on behalf of the Borrower, and shall specify the following information: (i) whether the such Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c))disbursed; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.022.01(a)(i). If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's ’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this _________Section 2.04 2.03 (and the contents thereof), and of each Lender's ’s portion of the requested Borrowing.
Appears in 2 contracts
Sources: Credit Agreement (Medley Management Inc.), Credit Agreement (Medley LLC)
Borrowing Procedure. In order to request a Borrowing (other than a Competitive BorrowingSwingline Loan or a deemed Borrowing pursuant to Section 2.02(e), as to which this Section 2.04 shall not apply), the Borrower shall hand deliver or telecopy to the Senior Administrative Agent a duly completed Borrowing Request (a) in the case of a Eurodollar Euro-Dollar Borrowing, not later than 11:00 a.m., New York City time, three Business Days before a proposed Borrowing Borrowing, and (b) in the case of an ABR a Base Rate Borrowing, not later than 10:00 (1) 10:30 a.m., New York City time, on the Business Day of the proposed Borrowing, in the case of Borrowings to be made on the same day of a as such notice is given or (2) otherwise, 12:00 noon, New York City time, on the Business Day before the proposed Borrowing. Each Borrowing Request shall be irrevocable, shall be signed by or on behalf of the Borrower, Borrower and shall specify the following information: :
(i) whether the Borrowing then being requested is to be a Eurodollar Term Borrowing or an ABR a Revolving Credit Borrowing; , and whether such Borrowing is to be a Euro-Dollar Borrowing or a Base Rate Borrowing;
(ii) the date of such Borrowing (which shall be a Business Day); ;
(iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); disbursed;
(iv) the amount of such Borrowing; and and
(v) if such Borrowing is to be a Eurodollar Euro-Dollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's duration. The Administrative Agent shall promptly advise the Lenders of any notice given pursuant to this Section 2.04 (and the contents thereof), and of each Lender's portion of the requested Borrowing.;
Appears in 2 contracts
Sources: Senior Credit Agreement (Rite Aid Corp), Senior Credit Agreement (Rite Aid Corp)
Borrowing Procedure. In order to request a the Borrowing (other than a Competitive Borrowing, as to which this Section 2.04 shall not apply)be made on the Closing Date, the Borrower shall hand deliver or telecopy a fully executed Borrowing Request to the Administrative Agent a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., by 2:00 p.m. New York City time, three not less than one Business Days Day before a proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 10:00 a.m., New York City time, on the day of a such proposed Borrowing. Each Such Borrowing Request shall be irrevocable, signed by or on behalf irrevocable (but subject to the consummation of the BorrowerTransactions), and shall specify the following information: (i1) whether the Borrowing then being requested is to be a Eurodollar SOFR Borrowing or an ABR Borrowing; (iiBorrowing;(2) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing; and (v3) if such Borrowing is to be a Eurodollar SOFR Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar SOFR Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's ’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.04 2.03 (and the contents thereof), and of each Lender's ’s portion of the requested Borrowing.
Appears in 2 contracts
Sources: Term Loan Credit Agreement (Pyxus International, Inc.), Term Loan Credit Agreement (Pyxus International, Inc.)
Borrowing Procedure. In order to To request a Borrowing (other than a Competitive BorrowingLoans, as to which this Section 2.04 shall not apply), the Borrower shall deliver, by hand deliver delivery or telecopy to the Administrative Agent telecopier, a duly completed and executed Borrowing Request to Administrative Agent (ai) in the case of a Eurodollar BorrowingLoans, not later than 11:00 a.m., New York City time, three (3) Business Days before a the date of the proposed Borrowing and or (bii) in the case of an ABR BorrowingLoans, not later than 10:00 a.m., New York City time, on the day date of a the proposed Borrowing; provided that Borrower may make telephonic requests for Loans so long as a duly completed written and executed Borrowing Request is received prior to the times set forth above. Each Borrowing Request shall be irrevocable, signed by or on behalf of the Borrower, irrevocable and shall specify the following information: information in compliance with Section 2.02:
(ia) whether the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; aggregate amount of such borrowing;
(iib) the date of such Borrowing (borrowing, which shall be a Business Day); ;
(iiic) whether such borrowing is to be for ABR Loans or Eurodollar Loans;
(d) in the case of Eurodollar Loans, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”;
(e) the location and number and location of the Borrower’s account to which funds are to be disbursed (disbursed, which shall be an account that complies comply with the requirements of Section 2.02(c)); and
(ivf) that the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements conditions set forth in Section 2.02Sections 4.02(b) through (d) have been satisfied as of the date of the notice. If no election as to the Type of Borrowing Loans is specified in any such noticespecified, then the requested Borrowing borrowing shall be an for ABR BorrowingLoans. If no Interest Period Promptly following receipt of a Borrowing Request in accordance with respect to any Eurodollar Borrowing is specified in any such noticethis Section 2.03, then the Borrower shall be deemed to have selected an Interest Period of one month's duration. The Administrative Agent shall promptly advise each Lender of the Lenders of any notice given pursuant to this Section 2.04 (and the contents thereof), details thereof and of each the amount of such Lender's portion ’s Loan to be made as part of the requested Borrowing.
Appears in 2 contracts
Sources: Credit Agreement (Norcraft Companies, Inc.), Credit Agreement (Norcraft Companies Lp)
Borrowing Procedure. In order to request a Borrowing (other than a Competitive Borrowing, as to which this Section 2.04 shall not apply), the Borrower shall hand deliver or telecopy to the Administrative Agent a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, three Business Days before a proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 10:00 a.m., New York City time, on the day of a proposed Borrowing. Each Borrowing Request shall be irrevocable, signed by or on behalf of the Borrower, Borrower and shall specify the following information: (i) whether the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's duration. The Administrative Agent shall promptly advise the Lenders of any notice given pursuant to this Section 2.04 (and the contents thereof), and of each Lender's portion of the requested Borrowing.
Appears in 2 contracts
Sources: Credit Agreement (Raytheon Co), Credit Agreement (Raytheon Co)
Borrowing Procedure. In order to To request a Borrowing (other than a Competitive Borrowing, as to which this Section 2.04 shall not apply), the a Borrower shall deliver, by hand deliver delivery or telecopy telecopier, a duly completed and executed Borrowing Request to the Administrative Agent a duly completed Borrowing Request (ai) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, three Business Days before a the date of the proposed Borrowing and or (bii) in the case of an ABR Borrowing, not later than 10:00 9:00 a.m., New York City time, on the day date of a the proposed Borrowing. Each Borrowing Request shall be irrevocable, signed by or on behalf of the Borrower, irrevocable and shall specify the following information: information in compliance with Section 2.02:
(ia) whether the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR aggregate amount of such Borrowing; ;
(iib) the date of such Borrowing (Borrowing, which shall be a Business Day); ;
(iiic) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(d) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”;
(e) the location and number and location of the such Borrower’s account to which funds are to be disbursed (disbursed, which shall be an account that complies comply with the requirements of Section 2.02(c)); and
(ivf) that the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements conditions set forth in Section 2.02Sections 4.02(b)-(d) have been satisfied as of the date of the notice. If no election as to the Type of Borrowing is specified in any such noticespecified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing is specified in any such noticeBorrowing, then the such Borrower shall be deemed to have selected an Interest Period of one month's ’s duration. The Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall promptly advise each Lender of the Lenders of any notice given pursuant to this Section 2.04 (and the contents thereof), details thereof and of each the amount of such Lender's portion ’s Loan to be made as part of the requested Borrowing.
Appears in 2 contracts
Sources: Credit Agreement (Magnachip Semiconductor LLC), Credit Agreement (Magnachip Semiconductor LLC)
Borrowing Procedure. In order to request a Borrowing (other than a Competitive Borrowing, as to which this Section 2.04 shall not apply), the Borrower shall hand deliver or telecopy to notify the Administrative Agent a duly completed Borrowing Request of such request in writing (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m.12:00 (noon), New York City time, three Business Days before a proposed Borrowing Borrowing, and (b) in the case of an ABR Borrowing, not later than 10:00 a.m.12:00 noon, New York City time, on the day of one Business Day before a proposed Borrowing. Each such written Borrowing Request shall be irrevocable, signed by or irrevocable (provided that any such notice may be conditioned on behalf the effectiveness of the BorrowerClosing Date), and shall be made by hand delivery or e-mail to the Administrative Agent and shall specify the following information: (i) whether the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c))disbursed; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, provided that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's ’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.04 (and the contents thereof), and of each Lender's ’s portion of the requested Borrowing.
Appears in 2 contracts
Sources: Credit Agreement (Oscar Health, Inc.), Credit Agreement (Oscar Health, Inc.)
Borrowing Procedure. In order to request a the Borrowing (other than a Competitive Borrowing, as to which this Section 2.04 shall not apply)be made on the Restatement Date, the Borrower shall hand deliver or telecopy fax (or telephone notice promptly confirmed by written or fax notice) to the Administrative Agent a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m.12:00 (noon), New York City time, three one Business Days Day before a proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 10:00 a.m., New York City time, on the day of a proposed Borrowing. Each Such Borrowing Request shall be irrevocable, shall be signed by or on behalf of the Borrower, Borrower and shall specify the following information: (i) whether the such Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c))disbursed; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's ’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.04 2.03 (and the contents thereof), and of each Lender's ’s portion of the requested Borrowing.
Appears in 2 contracts
Sources: First Lien Credit Agreement (Atp Oil & Gas Corp), Credit Agreement (Atp Oil & Gas Corp)
Borrowing Procedure. In order to request a the Borrowing (other than a Competitive Borrowing, as to which this Section 2.04 shall not apply)be made on the Closing Date, the Borrower shall hand deliver or telecopy fax (or telephone notice promptly confirmed by written or fax notice) to the Administrative Agent a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m.12:00 (noon), New York City time, three one Business Days Day before a proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 10:00 a.m., New York City time, on the day of a proposed Borrowing. Each Such Borrowing Request shall be irrevocable, shall be signed by or on behalf of the Borrower, Borrower and shall specify the following information: (i) whether the such Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c))disbursed; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's ’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.04 2.03 (and the contents thereof), and of each Lender's ’s portion of the requested Borrowing.
Appears in 2 contracts
Sources: Second Lien Credit Agreement (Atp Oil & Gas Corp), First Lien Credit Agreement (Atp Oil & Gas Corp)
Borrowing Procedure. In order to request a Borrowing (other than a Competitive Borrowing, as to which this Section 2.04 shall not apply), the Borrower shall hand deliver or telecopy fax (or request telephonically with prompt hand delivery or fax made thereafter) to the Administrative Agent a duly completed Borrowing Request (a) in the case of a Eurodollar EuroDollar Borrowing, not later than 11:00 a.m.12:00 (noon), New York City time, three one Business Days Day before a proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 10:00 a.m.12:00 (noon), New York City time, on the day of a proposed Borrowing. Each Borrowing Request shall be irrevocable, signed by or on behalf of the Borrower, Borrower and shall specify the following information: (i) whether the such Borrowing then being requested is to be a Eurodollar EuroDollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); (iii) in respect of the Closing Date only, the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar EuroDollar Borrowing, the initial Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar EuroDollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's ’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any the notice given pursuant to on the Closing Date in accordance with this Section 2.04 2.03 (and the contents thereof), and of each Lender's ’s portion of the requested BorrowingBorrowing on the Closing Date.
Appears in 2 contracts
Sources: Second Lien Credit Agreement (Affirmative Insurance Holdings Inc), Credit Agreement (Affirmative Insurance Holdings Inc)
Borrowing Procedure. In order to request a Borrowing (other than a Competitive Borrowingdeemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.04 2.03 shall not apply), the Borrower shall hand deliver or telecopy to the Administrative Agent a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m.12:00 (noon), New York City time, three Business Days before a proposed Borrowing Borrowing, and (b) in the case of an ABR Borrowing, not later than 10:00 11:00 a.m., New York City time, on the day Business Day of a proposed Borrowing. Each Borrowing Request shall be irrevocable, shall be signed by or on behalf of the Borrower, Borrower and shall specify the following information: (i) whether the Borrowing then being requested is to be a Tranche A Term Borrowing, a Tranche B Term Borrowing or a Revolving Credit Borrowing, and, subject to the third sentence of Section 2.02(b), whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); , (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.04 2.03 (and the contents thereof), and of each Lender's portion of the requested Borrowing.
Appears in 2 contracts
Sources: Credit Agreement (Telemundo Holding Inc), Credit Agreement (Telemundo Holding Inc)
Borrowing Procedure. In order to request a Borrowing (other than a Competitive BorrowingSwingline Loan, or a deemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.04 2.05 shall not apply), the Borrower shall hand deliver or telecopy to notify the Administrative Agent a duly completed Borrowing Request of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m.12:00 (noon), New York City time, three Business Days before a proposed Borrowing Borrowing, and (b) in the case of an ABR Borrowing, not later than 10:00 a.m.12:00 (noon), New York City time, on the day of one Business Day before a proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable, signed and shall be confirmed promptly by hand delivery or on behalf facsimile to the Administrative Agent of the Borrower, a written Borrowing Request and shall specify the following information: (i) whether the such Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); , (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c))disbursed; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's ’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.04 2.05 (and the contents thereof), and of each Lender's ’s portion of the requested Borrowing.
Appears in 2 contracts
Sources: Credit Agreement (King Pharmaceuticals Inc), Credit Agreement (Alpharma Inc)
Borrowing Procedure. In order to request a Borrowing (other than a Competitive Borrowing, as to which this Section 2.04 shall not apply), the Borrower shall hand deliver or telecopy to the Administrative Agent a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, three Business Days before a proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 10:00 a.m., New York City time, on the day of a proposed Borrowing. Each Borrowing Request shall be irrevocable, signed by or on behalf of the Borrower, shall be accompanied by a Ratio Certificate (if the requested Borrowing is to be made prior to the Raytheon Merger) and shall specify the following information: (i) whether the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's duration. The Administrative Agent shall promptly advise the Lenders of any notice given pursuant to this Section 2.04 (and the contents thereof), and of each Lender's portion of the requested Borrowing.
Appears in 2 contracts
Sources: Credit Agreement (He Holdings Inc), Credit Agreement (He Holdings Inc)
Borrowing Procedure. In order to request a Borrowing (other than a Competitive Borrowing, as to which this Section 2.04 shall not apply)Conversion) during the Funding Availability Period, the Borrower shall hand deliver or telecopy send via facsimile (which facsimile may be delivered via the recipient’s electronic mail system) to the Administrative Agent a duly completed Borrowing Request (ai) in the case of a Eurodollar Borrowing, not later than 11:00 a.m.12:00 p.m., New York City time, three (3) Business Days before a (or such shorter period of time as Agent may agree) prior to the proposed Borrowing Borrowing, and (bii) in the case of an ABR Borrowing, not later than 10:00 a.m.1:00 p.m., New York City time, on the day Business Day of a the proposed Borrowing. Each Borrowing Request Such notice shall be irrevocable, signed by or on behalf of the Borrower, irrevocable and shall in each case specify the following information: (iA) whether the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; , (iiB) the date of such Borrowing (which shall be a Business Day); (iiiDay and shall constitute a Funding Date) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing; thereof and (vC) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as Notwithstanding anything to the Type of Borrowing is specified in any such noticecontrary herein, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower may request up to four (4) Borrowings (which, for the avoidance of doubt, shall be deemed to have selected an Interest Period not include any Conversions or continuations of one month's duration. The Administrative Agent shall promptly advise existing Borrowings) during the Lenders of any notice given pursuant to this Section 2.04 (and the contents thereof), and of each Lender's portion of the requested BorrowingFunding Availability Period.
Appears in 2 contracts
Sources: Term Loan Credit Agreement (Oncor Electric Delivery Co LLC), Term Loan Credit Agreement (Oncor Electric Delivery Co LLC)
Borrowing Procedure. In order to request a Borrowing (other than a Competitive Borrowing, as to which this Section 2.04 shall not apply), the Borrower shall hand deliver or telecopy to notify the Administrative Agent a duly completed Borrowing Request of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m.1:00 p.m., New York City time, three Business Days before a proposed Borrowing Borrowing, and (b) in the case of an ABR Borrowing, not later than 10:00 a.m.1:00 p.m., New York City time, on the day of one Business Day before a proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable, signed and shall be confirmed promptly by hand delivery or on behalf fax to the Administrative Agent of the Borrower, a written Borrowing Request and shall specify the following information: (i) whether the such Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c))disbursed; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's ’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.04 2.03 (and the contents thereof), and of each Lender's ’s portion of the requested Borrowing.
Appears in 2 contracts
Sources: Second Lien Credit Agreement (Neff Corp), Second Lien Credit Agreement (Neff Corp)
Borrowing Procedure. In order to request a Borrowing (other than a Competitive Borrowingdeemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.04 2.03 shall not apply), the Borrower shall hand deliver or telecopy to notify the Administrative Agent a duly completed Borrowing Request of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m.12:00 noon, New York City time, three Business Days before a proposed Borrowing Borrowing, and (b) in the case of an ABR Borrowing, not later than 10:00 a.m.12:00 noon, New York City time, on the same day of as a proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable, signed and shall be confirmed promptly by hand delivery or on behalf fax to the Administrative Agent of the Borrower, a written Borrowing Request and shall specify the following information: (i) whether the such Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c))disbursed; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's ’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.04 2.03 (and the contents thereof), and of each Lender's ’s portion of the requested Borrowing.
Appears in 2 contracts
Sources: Credit Agreement (CGG), Amendment and Restatement Agreement (CGG)
Borrowing Procedure. In order to request a Borrowing (other than a Competitive Swingline Borrowing, as to which this Section 2.04 shall not apply), the Borrower Borrower, acting through a Financial Officer, shall submit a Borrowing Request by hand deliver delivery or telecopy or by telephone to the Administrative Agent a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, three Business Days before a proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 10:00 11:00 a.m., New York City time, on the day of a proposed Borrowing. Each Borrowing Request shall be irrevocable, signed by or on behalf of the Borrower, irrevocable and shall specify the following information: (i) whether the such Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); , (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.04 (and the contents thereof), 2.03 and of each Lender's portion of the requested Borrowing.
Appears in 1 contract
Sources: Credit Agreement (Kuhlman Corp)
Borrowing Procedure. In order to request a Borrowing (other than a Competitive Borrowing, as to which this Section 2.04 shall not apply), a Responsible Officer of the Borrower shall provide written notice by hand deliver delivery or telecopy fax to the Administrative Agent a duly completed Borrowing Request of such request (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m.12:00 (noon), New York City time, three Business Days (or such shorter period as the Administrative Agent may agree) before a proposed Borrowing Borrowing, and (b) in the case of an ABR Borrowing, not later than 10:00 a.m.12:00 noon, New York City time, on the day of one Business Day before a proposed Borrowing. Each such Borrowing Request shall be irrevocable, signed by or on behalf of the Borrower, and shall specify the following information: (i) whether the Borrowing then being requested is to be a Term Borrowing or an Incremental Term Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c))disbursed; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's ’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.04 2.03 (and the contents thereof), and of each Lender's ’s portion of the requested Borrowing.
Appears in 1 contract
Borrowing Procedure. In order to request a Borrowing (other than a Competitive BorrowingSwingline Loan or a deemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.04 2.03 shall not apply), the Borrower shall hand deliver or telecopy to notify the Administrative Agent a duly completed Borrowing Request of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, 1:00 p.m. three (3) Business Days before a proposed Borrowing Borrowing, and (b) in the case of an ABR a Base Rate Borrowing, not later than 10:00 a.m., New York City time, a.m. on the day requested date of a proposed Borrowing. Each Borrowing Request such telephonic request shall be irrevocable, signed shall be confirmed promptly by hand delivery or on behalf fax to the Administrative Agent of the Borrower, a written Borrowing Request and shall specify the following information: (i) whether the Borrowing then being requested is to be a Term Borrowing or a Revolving Credit Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing or an ABR a Base Rate Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c))disbursed; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, that notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If Except as otherwise provided in Section 2.10(b), if no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR a Eurodollar Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one 1 month's ’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.04 2.03 (and the contents thereof), and of each Lender's ’s portion of the requested Borrowing.
Appears in 1 contract
Borrowing Procedure. In order to request a Borrowing (other than a Competitive Borrowing, as to which this Section 2.04 shall not apply), the Borrower shall hand deliver or telecopy to notify the Administrative Agent in writing by delivering a duly completed Borrowing Request in the form of Exhibit C (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m.12:00 (noon)., New York City time, three Business Days (or such shorter period as permitted by the Administrative Agent in its sole discretion) before a proposed Borrowing Borrowing, and (b) in the case of an ABR Borrowing, not later than 10:00 a.m.12:00 noon, New York City time, on one Business Day (or such shorter period as permitted by the day of Administrative Agent in its sole discretion) before a proposed Borrowing. Each such written Borrowing Request shall be irrevocable, signed by or on behalf of the Borrower, and shall specify the following information: (i) whether the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c))disbursed; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's ’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.04 2.03 (and the contents thereof), and of each Lender's ’s portion of the requested Borrowing.
Appears in 1 contract
Sources: Term Loan Agreement (Sportsman's Warehouse Holdings, Inc.)
Borrowing Procedure. In order to request a Borrowing (other than a Competitive BorrowingSwingline Loan or a deemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.04 2.03 shall not apply), the Borrower shall hand deliver or telecopy to the Administrative Agent a duly completed Borrowing Request (or make such request telephonically, promptly confirmed in writing or by telecopy) (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, three Business Days before a proposed Borrowing Borrowing, and (b) in the case of an ABR Borrowing, not later than 10:00 a.m.12:00 noon, New York City time, on the day of one Business Day before a proposed Borrowing. Each Borrowing Request shall be irrevocable, shall be signed by or on behalf of the Borrower, Borrower and shall specify the following information: (i) whether the Borrowing then being requested is to be a Term Borrowing or a Revolving Credit Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); , (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; providedPROVIDED, howeverHOWEVER, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements therefor set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's duration. The Administrative Agent shall promptly advise the Lenders of any notice given pursuant to this Section 2.04 (and the contents thereof), and of each Lender's portion of the requested Borrowing2.
Appears in 1 contract
Sources: Credit Agreement (Johnstown America Industries Inc)
Borrowing Procedure. In order to To request a Borrowing (other than a Competitive Borrowing, as to which this Section 2.04 shall not apply), the Borrower shall deliver, by hand deliver delivery or telecopy telecopier, a duly completed and executed Borrowing Request to the Administrative Agent a duly completed Borrowing Request (ai) in the case of a Eurodollar BorrowingLoan in dollars, not later than 11:00 a.m., New York City time, three Business Days before a the date of the proposed Borrowing and Borrowing, or (bii) in the case of an ABR Borrowinga Base Rate Loan, not later than 10:00 9:00 a.m., New York City time, on the day date of a the proposed Borrowing. Each Borrowing Request shall be irrevocable, signed by or on behalf of the Borrower, irrevocable and shall specify the following information: information in compliance with Section 2.2:
(ia) whether the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR aggregate amount of such Borrowing; ;
(iib) the date of such Borrowing (Borrowing, which shall be a Business Day); ;
(iiic) whether such Borrowing is to be a Base Rate Loan or a Eurodollar Loan;
(d) in the case of a Eurodollar Loan, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”;
(e) the location and number and location of the Borrower’s account to which funds are to be disbursed (disbursed, which shall be an account that complies comply with the requirements of Section 2.02(c)2.2(c); and
(ivf) that the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements conditions set forth in Section 2.025.1 have been satisfied as of the date of the notice. If no election as to the Type of Borrowing is specified in any such noticespecified, then the requested Borrowing shall be an ABR Borrowinga Base Rate Loan. If no Interest Period is specified with respect to any requested Eurodollar Borrowing is specified in any such noticeLoan, then the Borrower shall be deemed to have selected an Interest Period of one month's ’s duration. The Promptly following receipt of a Borrowing Request in accordance with this Section 2.3, the Administrative Agent shall promptly advise each Lender of the Lenders of any notice given pursuant to this Section 2.04 (and the contents thereof), details thereof and of each the amount of such Lender's portion ’s Loan to be made as part of the requested Borrowing.
Appears in 1 contract
Borrowing Procedure. In order to request a Borrowing (other than a Competitive Borrowing, as to which this Section 2.04 shall not apply)on any date, the Borrower shall hand deliver or telecopy to the Administrative Agent a duly completed Borrowing Request written notice (a) in the case of a Eurodollar Eurocurrency Borrowing, not later than 11:00 a.m., New York City timeStandard Time, three Business Days before a proposed Borrowing such date, and (b) in the case of an ABR Borrowing, not later than 10:00 a.m.12:00 noon, New York City timeStandard Time, one Business Day before such date; provided, however, that in the case of any Borrowing to be made or continued on the day Closing Date such notice may, at the discretion of a proposed Borrowingthe Administrative Agent, be delivered later than the times specified above. Each Borrowing Request such notice shall be irrevocable, shall be signed by or on behalf of the Borrower, Borrower and shall specify the following information: (i) the currency in which such Borrowing is to be denominated, which shall be Dollars or Local Currency, (ii) in the case of a Borrowing denominated in Dollars, whether the such Borrowing then being requested is to be a Eurodollar Eurocurrency Borrowing or an ABR Borrowing; (iiiii) the date of such Borrowing (which shall be a Business Day); , (iiiiv) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (ivv) the amount of such Borrowing; and (vvi) if such Borrowing is to be a Eurodollar Eurocurrency Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Requestsuch notice, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's duration. The Administrative Agent shall promptly advise the Lenders of any notice given pursuant to this Section 2.04 (and the contents thereof), and of each Lender's portion of the requested Borrowing2.
Appears in 1 contract
Borrowing Procedure. In order to request a Borrowing (other than a Competitive Borrowingdeemed Borrowing pursuant to Section 2.02(f) hereof, as to which this Section 2.04 2.03 shall not apply), the Borrower shall hand deliver or telecopy to the Administrative Agent a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City Dallas, Texas time, three Business Days before a proposed Borrowing Borrowing, and (b) in the case of an ABR Borrowing, not later than 10:00 a.m., New York City timeDallas, Texas on the day date (which shall be a Business Day) of a proposed Borrowing. Each Borrowing Request shall be irrevocable, shall be signed by or on behalf of the Borrower, Borrower and shall specify the following information: (i) whether the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing (it being understood that the Borrowing on the Closing Date shall be an ABR Borrowing); (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c))) hereof; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's duration. The Administrative Agent shall promptly advise the Lenders of any notice given pursuant to this Section 2.04 2.03 hereof (and the contents thereof), and of each Lender's portion of the requested Borrowing.
Appears in 1 contract
Borrowing Procedure. In order to request a the Borrowing (other than a Competitive Borrowing, as to which this Section 2.04 shall not apply)be made on the Closing Date, the Borrower Borrowers shall hand deliver have delivered or telecopy faxed to the Administrative Agent a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, three Business Days before a proposed Borrowing prior to the Closing Date, and (b) in the case of an ABR Borrowing, not later than 10:00 a.m., New York City time, on the day of a proposed BorrowingClosing Date. Each Such Borrowing Request shall be irrevocable, shall be signed by or on behalf of the Borrower, Borrowers and shall specify the following information: (i) whether the such Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c))disbursed; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any the Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such noticerequest, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower Borrowers shall be deemed to have selected an Interest Period of one month's ’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given request made pursuant to this Section 2.04 (and the contents thereof), and of each Lender's ’s portion of the requested Borrowing.
Appears in 1 contract
Sources: Second Lien Credit Agreement (Thermadyne Holdings Corp /De)
Borrowing Procedure. In order to request a Borrowing (other than a Competitive Borrowing, as to which this Section 2.04 shall not apply), the Borrower shall hand deliver or telecopy to the Administrative Agent a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m.12:00 (noon), New York City time, three Business Days before a proposed Borrowing Borrowing, and (b) in the case of an ABR Borrowing, not later than 10:00 11:00 a.m., New York City time, on the day Business Day of a proposed Borrowing. Each Borrowing Request shall be irrevocable, shall be signed by or on behalf of the Borrower, Borrower and shall specify the following information: (i) whether the Borrowing then being requested is to be a Term Borrowing or a Revolving Credit Borrowing, and, subject to the third sentence of Section 2.02(b), whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); , (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c))disbursed; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.04 2.03 (and the contents thereof), and of each Lender's portion of the requested Borrowing.
Appears in 1 contract
Sources: Credit Agreement (Rayonier Inc)
Borrowing Procedure. In order to request a Borrowing (other than a Competitive Borrowing, as to which this Section 2.04 shall not apply), the Borrower shall hand deliver or telecopy to notify the Administrative Agent a duly completed Borrowing Request of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m.12:00 noon, New York City time, three Business Days before a proposed Borrowing Borrowing, and (b) in the case of an ABR Borrowing, not later than 10:00 a.m.12:00 noon, New York City time, on the day of one Business Day before a proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable, signed and shall be confirmed promptly by hand delivery or on behalf fax to the Administrative Agent of the Borrower, a written Borrowing Request and shall specify the following information: (i) whether the such Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c))disbursed; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's ’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.04 2.03 (and the contents thereof), and of each Lender's ’s portion of the requested Borrowing.
Appears in 1 contract
Borrowing Procedure. In order to request a Borrowing (other than a Competitive Borrowingdeemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.04 2.03 shall not apply), the Borrower shall hand deliver or telecopy to notify the Administrative Agent a duly completed Borrowing Request of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m.12:00 (noon), New York City time, three Business Days before a proposed Borrowing Borrowing, and (b) in the case of an ABR Borrowing, not later than 10:00 a.m.12:00 noon, New York City time, on the day requested date of a proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable, signed and shall be confirmed promptly by hand delivery or on behalf fax to the Administrative Agent of the Borrower, a written Borrowing Request and shall specify the following information: (i) whether the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c))disbursed; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's ’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.04 2.03 (and the contents thereof), and of each Lender's ’s portion of the requested Borrowing.
Appears in 1 contract
Borrowing Procedure. In order to request a Borrowing (other than a Competitive Borrowing, as to which this Section 2.04 shall not apply), the Borrower shall notify the Administrative Agent of such request by hand deliver delivery or telecopy e-mail to the Administrative Agent of a duly completed written Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m.12:00 (noon), New York City time, three five Business Days before a proposed Borrowing and (b) in or such shorter period as may be agreed to by the case of an ABR BorrowingAdministrative Agent); provided that, a written Borrowing Request shall be delivered to Administrative Agent not later than 10:00 a.m.12:00 (noon), New York City time, on one Business Day prior to the day of a proposed BorrowingClosing Date regarding the Initial Term Loans. Each such Borrowing Request shall be irrevocable, signed by or on behalf of the Borrower, irrevocable and shall specify the following information: (i) whether the Borrowing then being requested is to be a Borrowing of Initial Term Loans or Delayed Term Loans, and whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c))disbursed; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, provided that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's ’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.04 (and the contents thereof), and of each Lender's ’s portion of the requested Borrowing.
Appears in 1 contract
Borrowing Procedure. In order to request a Borrowing (other than a Competitive Borrowing, as to which this Section 2.04 shall not apply)Loan, the Borrower shall hand deliver or telecopy to notify the Administrative Agent a duly completed Borrowing Request Lenders of such request by telephone (a) in the case of a Eurodollar BorrowingLoan, not later than 11:00 a.m., New York City time, three Business Days before a proposed Borrowing Loan, and (b) in the case of an ABR Borrowing, Loan not later than 10:00 11:00 a.m., New York City time, on the day of one Business Day before a proposed Borrowingborrowing. Each such telephonic Borrowing Request shall be irrevocable, signed and shall be confirmed promptly by hand delivery or on behalf fax to the Lenders of the Borrower, a written Borrowing Request and shall specify the following information: (i) whether the Borrowing then being requested such borrowing is to be a Eurodollar Borrowing Loan or an ABR Borrowing; loan, (ii) the date of such Borrowing borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c))disbursed; (iv) the amount of such Borrowingborrowing; and (v) if such Borrowing borrowing is to be a Eurodollar BorrowingLoan, the Interest Period with respect thereto; provided, however, that, that notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing Loan is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's ’s duration. The Administrative Agent shall promptly advise the Lenders of any notice given pursuant to this Section 2.04 (and the contents thereof), and of each Lender's portion of the requested Borrowing.
Appears in 1 contract
Sources: Senior Subordinated Loan Agreement (Geokinetics Inc)
Borrowing Procedure. In order to request a the Borrowing (other than a Competitive Borrowing, as to which this Section 2.04 shall not apply)be made on the Closing Date, the Borrower shall hand deliver or telecopy a fully executed Borrowing Request to the Administrative Agent a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m.by 2:00 p.m., New York City time, not less than three Business Businesss Days before a proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 10:00 a.m., New York City time, on the day of a such proposed Borrowing. Each Such Borrowing Request shall be irrevocable, signed by or on behalf of the Borrower, irrevocable and shall specify the following information: (i) whether the Borrowing then being requested is to be a Eurodollar SOFR Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c))disbursed; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar SOFR Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar SOFR Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's ’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.04 2.03 (and the contents thereof), and of each Lender's ’s portion of the requested Borrowing.
Appears in 1 contract
Sources: Amendment and Restatement Agreement (Pyxus International, Inc.)
Borrowing Procedure. In order to request a the Borrowing (other than a Competitive Borrowing, as to which this Section 2.04 shall not apply)on the Closing Date, the Borrower shall hand deliver or telecopy to notify the Administrative Agent a duly completed Borrowing Request of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m.12:00 (noon), New York City time, three Business Days before a proposed Borrowing Borrowing, and (b) in the case of an ABR Borrowing, not later than 10:00 a.m.12:00 noon, New York City time, on the day of one Business Day before a proposed Borrowing. Each Such telephonic Borrowing Request shall be irrevocable, signed and shall be confirmed promptly by hand delivery or on behalf fax to the Administrative Agent of the Borrower, written Borrowing Request and shall specify the following information: (i) whether the such Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing; and (viv) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's ’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.04 2.03 (and the contents thereof), and of each Lender's ’s portion of the requested Borrowing.
Appears in 1 contract
Borrowing Procedure. In order to To request a Borrowing (other than a Competitive Borrowing, as to which this Section 2.04 Borrower shall not applydeliver, by hand delivery or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), the Borrower shall hand deliver or telecopy a duly completed and executed Borrowing Request to the Administrative Agent a duly completed not later than 1:00 p.m., New York City time, on the date of the proposed Borrowing. Each Borrowing Request for a Loan shall be irrevocable and shall specify the following information:
(a) the aggregate amount of such Borrowing;
(b) the date of such Borrowing, which shall be a Business Day;
(c) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(d) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, three Business Days before a proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 10:00 a.m., New York City time, on the day of a proposed Borrowing. Each Borrowing Request shall be irrevocable, signed by or on behalf of the Borrower, and shall specify the following information: (i) whether the Borrowing then being requested is initial Interest Period to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (applicable thereto, which shall be a Business Day); period contemplated by the definition of “Interest Period”;
(iiie) the location and number and location of the Borrower’s account to which funds are to be disbursed disbursed; and
(which shall be an account f) that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements conditions set forth in Section 2.02Sections 4.02(b)-(c) are satisfied as of the date of the notice. If no election as to the Type of Borrowing is specified in any such noticespecified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing is specified in any such noticeBorrowing, then the Borrower shall be deemed to have selected an Interest Period of one month's ’s duration. The Promptly following receipt of a Borrowing Request in accordance with this Section 2.03, the Administrative Agent shall promptly advise each Lender of the Lenders of any notice given pursuant to this Section 2.04 (and the contents thereof), details thereof and of each the amount of such Lender's portion ’s Loan to be made as part of the requested Borrowing.
Appears in 1 contract
Borrowing Procedure. In order to request a Borrowing (other than a Competitive BorrowingBorrowing or a deemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.04 shall not apply), the Borrower shall hand deliver or telecopy to notify the Administrative Agent a duly completed Borrowing Request of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, three Business Days before a proposed Borrowing Borrowing, and (b) in the case of an ABR Borrowing, not later than 10:00 11:00 a.m., New York City time, on the day of a proposed Borrowing. Each Borrowing Request shall be irrevocable, signed shall be confirmed promptly by hand delivery or on behalf telecopy to the Administrative Agent of a written Borrowing Request substantially in the Borrower, form of Exhibit C or such other form as shall be acceptable to the Administrative Agent and shall specify the following information: (i) whether the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's ’s duration. The Administrative Agent shall promptly advise the Lenders of any notice given pursuant to this Section 2.04 (and the contents thereof), and of each Lender's ’s portion of the requested Borrowing.
Appears in 1 contract
Sources: Credit Agreement (Laboratory Corp of America Holdings)
Borrowing Procedure. In order to request a Borrowing (other than a Competitive BorrowingSwingline Loan or a deemed Borrowing pursuant to Section 2.01(a) or Section 2.02(f), as to which this Section 2.04 2.03 shall not apply), the Borrower shall notify the Administrative Agent by telephone (promptly confirmed by electronic communication) or shall hand deliver or telecopy send by electronic communication to the Administrative Agent a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, whether denominated in dollars or in an Alternative Currency, not later than 11:00 a.m.12:00 (noon), New York City time, three Business Days before a proposed Borrowing Borrowing, and (b) in the case of an ABR Borrowing, not later than 10:00 a.m.12:00 (noon), New York City time, on the day of one Business Day before a proposed Borrowing. Each Borrowing Request shall be irrevocable, shall be signed by or on behalf of the Borrower, Borrower and shall specify the following information: (i) whether the Borrowing then being requested is to be a Term Borrowing or a Revolving Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c))disbursed; (iv) the amount of such Borrowing; and (v) for Revolving Loans, the currency of such Borrowing (provided that each ABR Borrowing shall be denominated in dollars) if such Borrowing is to be a Eurodollar Borrowing, the initial Interest Period with respect theretothereto and the Class of Loans to which such initial Interest Period will apply; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no currency is specified with respect to the requested Borrowing, then the Borrower shall be deemed to have selected dollars. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's ’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to in accordance with this Section 2.04 2.03 (and the contents thereof), and of each Lender's ’s portion of the requested Borrowing.
Appears in 1 contract
Sources: Credit Agreement (NRG Energy, Inc.)
Borrowing Procedure. In order to request a Borrowing (other than a Competitive BorrowingSwingline Loan or a deemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.04 2.05 shall not apply), the Borrower shall hand deliver or telecopy facsimile to the Administrative Agent a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m.12:00 (noon), New York City time, three Business Days before a proposed Borrowing Borrowing, and (b) in the case of an ABR Borrowing, not later than 10:00 11:00 a.m., New York City time, on the day Business Day of a proposed Borrowing. Each Borrowing Request shall be irrevocable, shall be signed by or on behalf of the Borrower, Borrower and shall specify the following information: (i) whether the such Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); , (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c))disbursed; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's ’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.04 2.05 (and the contents thereof), and of each Lender's ’s portion of the requested Borrowing.
Appears in 1 contract
Borrowing Procedure. In order to request a Borrowing (other than a Competitive Borrowing, as to which this Section 2.04 shall not apply), the Borrower shall hand deliver by hand, telecopy or telecopy other writing transmitted electronically (including in the form of a .pdf attachment) to the Administrative Agent a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 11:00 10:30 a.m., New York City time, three Business Days before a proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 10:00 10:30 a.m., New York City time, on the day of a proposed Borrowing. Each Borrowing Request shall be irrevocable, signed by or on behalf of the Borroweran Authorized Representative, and shall specify the following information: (i) whether the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such noticenotice by the Borrower, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's ’s duration. The Administrative Agent shall promptly advise the Lenders of any notice given pursuant to this Section 2.04 (and the contents thereof), and of each Lender's ’s portion of the requested Borrowing.
Appears in 1 contract
Sources: Five Year Competitive Advance and Revolving Credit Agreement (Raytheon Co/)
Borrowing Procedure. In order to request a Borrowing (other than a Competitive Borrowing, as to which this Section 2.04 shall not apply), the Borrower shall notify the Administrative Agent by telephone (promptly confirmed by fax) or shall hand deliver or telecopy fax to the Administrative Agent a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m.12:00 (noon), New York City time, three Business Days before a proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 10:00 a.m.12:00 (noon), New York City time, on the day of one Business Day before a proposed Borrowing. Each Borrowing Request shall be irrevocable, shall be signed by or on behalf of the Borrower, Borrower and shall specify the following information: (i) whether the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business DayDay that shall occur on or prior to the Term Loan Commitment Termination Date); (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c))disbursed; (iv) the amount of such BorrowingBorrowing which shall be in integral multiples of $1,000,000; and (v) if such Borrowing is to be a Eurodollar Borrowing, the initial Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's ’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to in accordance with this Section 2.04 2.03 (and the contents thereof), and of each Lender's ’s portion of the requested Borrowing.
Appears in 1 contract
Sources: Credit Agreement (NRG Energy, Inc.)
Borrowing Procedure. In order to request a Borrowing (other than a Competitive Borrowing, as to which this Section 2.04 shall not applySwingline Loan), the Borrower shall hand deliver or telecopy to the Administrative Agent a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York, New York City time, three Business Days before a proposed such Borrowing and (b) in the case of an ABR Borrowing, not later than 10:00 11:00 a.m., New York, New York City time, on the day of a proposed such Borrowing. Each Borrowing Request Such notice shall be irrevocable, signed by or on behalf of the Borrower, irrevocable and shall specify the following informationin each case specify: (i) whether the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowingthereof; and (viii) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing which shall comply with not end after the requirements set forth in Section 2.02Maturity Date. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's duration. Notwithstanding any other provision of this Agreement to the contrary, no Borrowing shall be requested if the Interest Period with respect thereto would end after the Maturity Date. The Administrative Agent shall promptly advise the Lenders of any notice given pursuant to this Section 2.04 (and the contents thereof), 2.03 and of each Lender's portion of the requested Borrowing.
Appears in 1 contract
Sources: Revolving Credit Facility Agreement (Lennox International Inc)
Borrowing Procedure. In order to To request a Borrowing (other than a Competitive Borrowing, as to which this Section 2.04 shall not apply), the Borrower shall hand deliver or telecopy to notify the Administrative Agent of such request by delivering a duly completed Notice of Borrowing Request in respect of such Loan by telecopy or electronic transmission (aif arrangements for doing so have been approved by the Administrative Agent) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, three (3) Business Days before a the date of the proposed Borrowing (or such shorter period as the Required Lenders and (b) the Administrative Agent are willing to accommodate in the case of an ABR Borrowing, not later than 10:00 a.m., New York City time, on the day of a proposed Borrowingtheir sole discretion). Each such Notice of Borrowing Request shall be irrevocable, signed by or on behalf subject to Sections 2.09 and 3.01. Each such Notice of the Borrower, and Borrowing shall specify the following information: information in compliance with Section 2.02:
(ia) whether the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR aggregate amount of such Borrowing; ;
(iib) the date of such Borrowing (Borrowing, which shall be a Business Day); ;
(iiic) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing; and (v) if whether such Borrowing is to be a Borrowing of Base Rate Loans or a Borrowing of Eurodollar BorrowingRate Loans;
(d) in the case of a Borrowing of Eurodollar Rate Loans, the initial Interest Period with respect to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with and
(e) that the requirements conditions set forth in Section 2.024.01 or Section 4.02, as applicable, are satisfied or waived as of the date of the notice. If no election as to the Type of Borrowing is specified in any such noticespecified, then the requested Borrowing shall be an ABR Borrowinga Borrowing of Base Rate Loans. If no Interest Period is specified with respect to any requested Borrowing of Eurodollar Borrowing is specified in any such noticeRate Loans, then the Borrower shall be deemed to have selected an Interest Period of one month's duration’s duration (subject to the proviso in clause (d) above). The Promptly following receipt of a Notice of Borrowing in accordance with this Section 2.03, the Administrative Agent shall promptly advise each Lender of the Lenders of any notice given pursuant to this Section 2.04 (and the contents thereof), details thereof and of each the amount of such Lender's portion ’s Loan to be made as part of the requested Borrowing.
Appears in 1 contract
Sources: Senior Secured Super Priority Priming Debtor in Possession Credit Agreement (Cenveo, Inc)
Borrowing Procedure. In order to request a Borrowing (other than a Competitive Borrowingdeemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.04 2.03 shall not apply), the Borrower shall hand deliver or telecopy to notify the Administrative Agent a duly completed Borrowing Request of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m.12:00 (noon), New York City time, three Business Days before a proposed Borrowing Borrowing, and (b) in the case of an ABR Borrowing, not later than 10:00 a.m., New York City time, on the day of a the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable, signed and shall be confirmed promptly by hand delivery or on behalf fax to the Administrative Agent of the Borrower, a written Borrowing Request and shall specify the following information: (i) whether the Borrowing then being requested is to be a Term Borrowing, an Incremental Term Borrowing or a Revolving Credit Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing with an Interest Period in excess of one month or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c))disbursed; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's ’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.04 2.03 (and the contents thereof), ) and of each Lender's ’s portion of the requested Borrowing.
Appears in 1 contract
Borrowing Procedure. In order to request a Borrowing (other than a Competitive Borrowing, as to which this Section 2.04 shall not apply), the Borrower shall hand deliver by hand, overnight courier, or telecopy to the Administrative Agent a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m.12:00 noon, New York City time, three at least four (4) Business Days before a proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 10:00 a.m., New York City time, on the day of a proposed Borrowing. Each Borrowing Request shall be irrevocable, shall be signed by or on behalf a Responsible Officer of the Borrower, and shall specify the following information: (i) whether the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR amount of such Borrowing; (ii) the date Approved Franchisee Loan or Loans to be funded with the proceeds of such Borrowing (which shall be a Business Day)the Borrowing; (iii) the number and location name of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c))Franchisee Loan Borrower or Borrowers; (iv) the name and location of the ▇▇▇▇▇▇▇ Inn Hotel or Hotels covered by such Approved Franchisee Loans; (v) a schedule setting forth the total amount of each such BorrowingApproved Franchisee Loan and the amounts previously funded; and (vvi) if such the additional information required by the form of Borrowing is Request annexed hereto as Exhibit M, and shall be accompanied by (A) the applicable Requests for Advance under the applicable Approved Franchisee Loans; (B) the authorization and direction referred to in Section 2.02(e); (C) the information specified in Article IV; and (D) an Independent Construction Loan Monitor's Certification with respect to each Approved Franchisee Loan to be a Eurodollar funded with the proceeds of the Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, the amount of each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's duration. The Administrative Agent shall promptly advise the Lenders of any notice given pursuant to this Section 2.04 (and the contents thereof), and of each Lender's portion of the requested Borrowing.
Appears in 1 contract
Sources: Credit Agreement (HFS Inc)
Borrowing Procedure. (a) In order to request a Borrowing (other than a Competitive Borrowing, deemed Borrowing pursuant to Section 2.02(g) or a Swing Line Borrowing as to which this Section 2.04 2.03 shall not apply), the Borrower shall hand deliver deliver, fax or telecopy send by electronic communication (e-mail) (or by telephone notice promptly confirmed by a written, fax or electronic communication (e-mail)) to the Administrative Australian Agent a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, a.m. (Sydney Time) three Business Days before a proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 10:00 a.m., New York City time, on the day of a proposed Borrowing. Each such Borrowing Request shall be irrevocable, shall be signed by or on behalf of a Responsible Officer of the Borrower, Borrower and shall specify the following information: (i) whether the Borrowing then being requested is to be a Eurodollar USD Revolving Borrowing or an ABR AUD Revolving Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect theretoPeriod; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Revolving Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR AUD Revolving Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's ’s duration. The Administrative Australian Agent shall promptly advise the Lenders of any notice given pursuant to this Section 2.04 2.03 (and the contents thereof), and of each Lender's ’s portion of the requested Borrowing.
Appears in 1 contract
Sources: Syndicated Facility Agreement (Oil States International, Inc)
Borrowing Procedure. In order to request a Borrowing (other than a Competitive Borrowing, as to which this Section 2.04 shall not apply), the Borrower shall hand deliver or telecopy to notify the Administrative Agent a duly completed Borrowing Request of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m.12:00 (noon), New York City time, three Business Days before a proposed Borrowing Borrowing, and (b) in the case of an ABR Borrowing, not later than 10:00 11:00 a.m., New York City time, on the day of a proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable, signed and shall be confirmed promptly by hand delivery or on behalf fax to the Administrative Agent of the Borrower, a written Borrowing Request and shall specify the following information: (i) whether the Borrowing then being requested is to be Revolving Credit Borrowing or Swingline Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c))disbursed; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's ’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.04 2.03 (and the contents thereof), and of each Lender's ’s portion of the requested Borrowing.
Appears in 1 contract
Borrowing Procedure. In order to request a Borrowing (other than a Competitive Borrowingdeemed Borrowing pursuant to Section 2.01(b) or Section 2.02(f), as to which this Section 2.04 2.03 shall not apply), the Borrower shall hand deliver or telecopy to notify the Administrative Agent a duly completed Borrowing Request of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m.12:00 (noon), New York City time, three Business Days before a proposed Borrowing (or, in the case of a Borrowing to be made on the Closing Date, such shorter period prior to the Closing Date as the Administrative Agent may agree in its sole discretion), and (b) in the case of an ABR Borrowing, not later than 10:00 11:00 a.m., New York City time, on the day of a proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable, signed and shall be confirmed promptly by hand delivery, facsimile, or on behalf electronic transmission of a “pdf” or similar copy to the Borrower, Administrative Agent of an executed written Borrowing Request and shall specify the following information: (i) whether the such Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c))disbursed; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's ’s duration. The Administrative Agent shall promptly advise the Lenders of any notice given pursuant to this Section 2.04 2.03 (and the contents thereof), and of each Lender's ’s portion of the requested Borrowing.
Appears in 1 contract
Sources: Abl Credit Agreement (Community Health Systems Inc)
Borrowing Procedure. In order to request a Borrowing (other than a Competitive Borrowing, as to which this Section 2.04 shall not apply), the Borrower shall hand deliver or telecopy (or request by telephone, which telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy) to the Administrative Agent a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, three Business Days before a proposed Borrowing Borrowing, and (b) in the case of an ABR Borrowing, not later than 10:00 a.m., New York City time, on the day of one Business Day before a proposed Borrowing. Each Borrowing Request shall be irrevocable, shall be signed by or on behalf of the Borrower, Borrower and shall specify the following information: :
(i) whether the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.022.02 and this Section. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's duration. The Administrative Agent shall promptly advise the Lenders of any notice given pursuant to this Section 2.04 2.03 (and the contents thereof), and of each Lender's portion of the requested Borrowing.
Appears in 1 contract
Borrowing Procedure. In order to request a the Borrowing (other than a Competitive Borrowing, as to which this under Section 2.04 shall not apply)2.01, the Borrower shall hand deliver or telecopy fax to the Administrative Agent a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m.12:00 (noon), New York City time, three Business Days before a the proposed Borrowing Borrowing, and (b) in the case of an ABR Borrowing, not later than 10:00 a.m.12:00 (noon), New York City time, on the day of a the proposed Borrowing. Each The Borrowing Request shall be irrevocable, shall be signed by or on behalf of the Borrower, Borrower and shall specify the following information: (i) whether the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such the Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c))disbursed; (iv) the amount of such the Borrowing; and (v) if such the Borrowing is to be a Eurodollar Borrowing, the initial Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any the Borrowing Request, each requested the Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's ’s duration. The Administrative Agent shall promptly advise the Lenders of any notice given pursuant to this Section 2.04 (and the contents thereof), and of each Lender's ’s portion of the requested Borrowing.
Appears in 1 contract
Borrowing Procedure. In order to request a the Borrowing (other than a Competitive Borrowing, as to which this Section 2.04 shall not apply)be made on the Closing Date, the Borrower shall notify the Administrative Agent of such request by hand deliver delivery or telecopy fax to the Administrative Agent of a duly completed written Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m.noon, New York City time, three Business Days before a such proposed Borrowing Borrowing, and (b) in the case of an ABR Borrowing, not later than 10:00 a.m.12:00 noon, New York City time, on the day of a one Business Day before such proposed Borrowing. Each Such Borrowing Request shall be irrevocable, signed by or on behalf of the Borrower, irrevocable and shall specify the following information: (i) whether the such Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c))disbursed; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's ’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.04 2.03 (and the contents thereof), and of each Lender's ’s portion of the requested Borrowing.
Appears in 1 contract
Sources: Second Lien Credit Agreement (Crimson Exploration Inc.)
Borrowing Procedure. In order to (a) To request a Borrowing (other than a Competitive Revolving Borrowing, as to which this Section 2.04 shall not apply), the Borrower shall hand deliver a written request (by email through a “pdf” copy, or telecopy facsimile transmission (or transmit by other electronic transmission) if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Borrowing Request to the Administrative Agent a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, three Business Days before a proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 10:00 a.m.1:00 p.m., New York City time, on the day third U.S. Government Securities Business Day before the date of a the proposed Borrowing. Each Borrowing Request for a Revolving Loan shall be irrevocable, signed by or on behalf of the Borrower, irrevocable and shall specify the following information: information in compliance with Section 2.02:
(i) whether the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR aggregate principal amount of such Borrowing; , which shall comply with the requirements of Section 2.02(a);
(ii) the date of such Borrowing (Borrowing, which shall be a Business Day); ;
(iii) the number and location initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period” contained herein;
(iv) the location and number of the respective Borrower’s account to which funds are to be disbursed (disbursed, which shall be an account that complies comply with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing; and and
(v) if such Borrowing is to be a Eurodollar Borrowing, that the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements conditions set forth in Section 2.02. If no election Sections 4.02(b) and (c) are satisfied as to of the Type date of Borrowing is specified in any such the notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any Eurodollar Borrowing is specified in any such noticerequested Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month's three months’ duration. The Promptly following receipt of a Borrowing Request in accordance with this Section 2.03, the Administrative Agent shall promptly advise each applicable Lender of the Lenders of any notice given pursuant to this Section 2.04 (and the contents thereof), details thereof and of each the amount of such Lender's portion ’s Loan to be made as part of the requested Borrowing.
Appears in 1 contract
Borrowing Procedure. In order to request a Borrowing (other than a Competitive BorrowingSwingline Loan or a deemed Borrowing pursuant to Section 2.02(f) or 2.02(g), as to which this Section 2.04 2.03 shall not apply), the Borrower shall hand deliver or telecopy fax to the Administrative Agent a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m.12:00 (noon), New York City time, three Business Days before a proposed Borrowing Borrowing, and (b) in the case of an ABR Borrowing, not later than 10:00 a.m.12:00 (noon), New York City time, on the day of one Business Day before a proposed Borrowing. Each Borrowing Request shall be irrevocable, shall be signed by or on behalf of the Borrower, Borrower and shall specify the following information: (i) whether the Borrowing then being requested is to be a Term Borrowing or a Revolving Credit Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.04 2.03 (and the contents thereof), and of each Lender's portion of the requested Borrowing.
Appears in 1 contract
Sources: Credit Agreement (Buffets Inc)
Borrowing Procedure. In order to request a Borrowing (other than a Competitive Borrowing, deemed Borrowing pursuant to Section 2.02(e) as to which this Section 2.04 2.03 shall not apply; a conversion or continuation of a Borrowing pursuant to Section 2.10 or capitalization of any interest constituting Term Loan PIK Interest pursuant to Section 2.06(d), Third Amendment PIK Interest pursuant to Section 2.06(e) or a Borrowing of a Third Amendment Incremental Term Loan), the U.S. Borrower or Cayman Borrower, as applicable, shall hand deliver or telecopy to the Administrative Agent a duly completed written Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m.12:00 (noon), New York City time, three Business Days before a proposed Borrowing (or as otherwise agreed by the Administrative Agent in its sole discretion), and (b) in the case of an ABR Borrowing, not later than 10:00 a.m., New York City time, on the day of a proposed Borrowing. Each such Borrowing Request shall be irrevocable, signed by or irrevocable (except for Borrowing Requests conditioned on behalf the occurrence of the BorrowerThird Restatement Date or the consummation of any Permitted Acquisition), and shall specify the following information: (i) whether the Borrowing then being requested is to be a Term Borrowing of Loans made pursuant to Section 2.01(a), an Incremental Borrowing or a Revolving Credit Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c))disbursed; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect theretothereto (which Interest Period in the case of the Third Amendment Incremental Term Loans shall be three (3) months for the life of the Third Amendment Incremental Term Loans); provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing (unless such Borrowing is a Borrowing of a Third Amendment Incremental Term Loan, in which case such Borrower shall be a Eurodollar Borrowing). If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the U.S. Borrower or Cayman Borrower, as applicable, shall be deemed to have selected an Interest Period of one month's ’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.04 2.03 (and the contents thereof), and of each Lender's ’s portion of the requested Borrowing.
Appears in 1 contract
Borrowing Procedure. In order to request a Borrowing (other than a Competitive Borrowing, as to which this Section 2.04 the Borrowers shall not apply), the Borrower shall hand deliver or telecopy to notify the Administrative Agent a duly completed Borrowing Request of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m.12:00 (noon), New York City time, three Business Days before a proposed Borrowing Borrowing, and (b) in the case of an ABR Borrowing, not later than 10:00 a.m.12:00 (noon), New York City time, on the day of one Business Day before a proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable, signed and shall be confirmed promptly by hand delivery or on behalf fax to the Administrative Agent of the Borrower, a written Borrowing Request and shall specify the following information: (i) whether the such Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c))disbursed; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower Borrowers shall be deemed to have selected an Interest Period of one month's ’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.04 2.03 (and the contents thereof), and of each Lender's ’s portion of the requested Borrowing.
Appears in 1 contract
Borrowing Procedure. In order to (a) To request a Revolving Borrowing (other than or a Competitive Term Borrowing, as to which this Section 2.04 shall not apply), the Borrower shall hand deliver a written request (by email through a “pdf” copy, or telecopy facsimile transmission (or transmit by other electronic transmission) if arrangements for doing so have been approved in writing by the Administrative Agent)), a duly completed and executed Borrowing Request to the Administrative Agent a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, three Business Days before a proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 10:00 a.m.1:00 pm, New York City time, on the day third Business Day before the date of a the proposed Borrowing. Each Borrowing Request for a Revolving Loan or a Term Loan shall be irrevocable, signed by or on behalf of the Borrower, irrevocable and shall specify the following information: information in compliance with Section 2.02:
(i) whether the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR aggregate principal amount of such Borrowing; , which shall comply with the requirements of Section 2.02(a) and, in the case of the initial Term Borrowing, Section 2.01(b);
(ii) the date of such Borrowing (Borrowing, which shall be a Business Day); ;
(iii) the number and location initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period” contained herein;
(iv) the location and number of the respective Borrower’s account to which funds are to be disbursed (disbursed, which shall be an account that complies comply with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing; and ;
(v) if such that the conditions set forth in Sections 4.02(b) and (c) are satisfied as of the date of the notice; and
(vi) whether the requested Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Revolving Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR or a Term Borrowing. If no Interest Period is specified with respect to any Eurodollar Borrowing is specified in any such noticerequested Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month's three months’ duration. The Promptly following receipt of a Borrowing Request in accordance with this Section 2.03, the Administrative Agent shall promptly advise each applicable Lender of the Lenders of any notice given pursuant to this Section 2.04 (and the contents thereof), details thereof and of each the amount of such Lender's portion ’s Loan to be made as part of the requested Borrowing.
Appears in 1 contract
Borrowing Procedure. In order to request a Borrowing (other than a Competitive the Borrowing, as to which this Section 2.04 shall not apply), the Borrower shall hand deliver or telecopy to notify the Administrative Agent a duly completed Borrowing Request of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, three Business Days before a the proposed Borrowing Borrowing, and (b) in the case of an ABR Borrowing, not later than 10:00 a.m.12:00 (noon), New York City time, on one Business Day before the day of a proposed Borrowing. Each A telephonic Borrowing Request shall be irrevocable, signed and shall be confirmed promptly by hand delivery or on behalf fax to the Administrative Agent of the Borrower, a written Borrowing Request and shall specify the following information: (i) whether the such Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c))disbursed; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's ’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.04 2.03 (and the contents thereof), and of each Lender's ’s portion of the requested Borrowing.
Appears in 1 contract
Sources: First Lien Credit Agreement (Weight Watchers International Inc)
Borrowing Procedure. In order to request a Borrowing (other than a Competitive Borrowing, as to which this Section 2.04 shall not apply), the Borrower shall hand deliver or telecopy to notify the Administrative Agent a duly completed Borrowing Request of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m.1:00 p.m., New York City time, three Business Days before a proposed Borrowing Borrowing, and (b) in the case of an ABR Borrowing, not later than 10:00 a.m.1:00 p.m., New York City time, on the day of a the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable, signed and shall be confirmed promptly by hand delivery or on behalf fax to the Administrative Agent of the Borrower, a written Borrowing Request and shall specify the following information: (i) whether the such Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c))disbursed; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's ’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.04 2.03 (and the contents thereof), and of each Lender's ’s portion of the requested Borrowing.
Appears in 1 contract
Borrowing Procedure. In order to request a Borrowing (other than a Competitive Borrowing, as to which this Section 2.04 shall not apply), the Borrower shall hand deliver or telecopy to notify the Administrative Agent a duly completed Borrowing Request of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, three Business Days before a proposed Borrowing the Closing Date, and (b) in the case of an ABR Borrowing, not later than 10:00 11:00 a.m., New York City time, on the day of a proposed BorrowingClosing Date. Each Borrowing Request shall be irrevocable, signed shall be confirmed promptly by hand delivery or on behalf telecopy to the Administrative Agent of a written Borrowing Request substantially in the Borrower, form of Exhibit C or such other form as shall be acceptable to the Administrative Agent and shall specify the following information: (i) whether the such Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business DayDay that is the Closing Date); (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's ’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.04 2.03 (and the contents thereof), and of each Lender's ’s portion of the requested Borrowing.
Appears in 1 contract
Sources: Bridge Term Loan Credit Agreement (Laboratory Corp of America Holdings)
Borrowing Procedure. In order to To request a Borrowing (other than a Competitive Borrowing, as to which this Section 2.04 shall not apply), the Borrower shall hand deliver or telecopy to notify the Administrative Agent a duly completed Borrowing Request of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m.12:00 (noon), New York City time, three Business Days before a proposed Borrowing Borrowing, and (b) in the case of an ABR Borrowing, not later than 10:00 a.m.12:00 (noon), New York City time, on the day of one Business Day before a proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable, signed and shall be confirmed promptly by hand delivery or on behalf fax to the Administrative Agent of the Borrower, a written Borrowing Request and shall specify the following information: (i) whether the such Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c))disbursed; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's ’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.04 2.03 (and the contents thereof), and of each Lender's ’s portion of the requested Borrowing.
Appears in 1 contract
Sources: Second Lien Credit Agreement (Magnum Hunter Resources Corp)
Borrowing Procedure. In order to request a Borrowing (other than a Competitive Borrowing, as to which this Section 2.04 shall not apply)Loan, the Borrower shall hand deliver or telecopy to notify the Administrative Agent a duly completed Borrowing Request of such request by telephone (a) in the case of a Eurodollar BorrowingLoan, not later than 11:00 a.m., New York City time, three Business Days before a proposed Borrowing Loan, and (b) in the case of an ABR Borrowing, Loan not later than 10:00 11:00 a.m., New York City time, on the day of one Business Day before a proposed Borrowingborrowing. Each such telephonic Borrowing Request shall be irrevocable, signed and shall be confirmed promptly by hand delivery or on behalf fax to the Lenders of the Borrower, a written Borrowing Request and shall specify the following information: (i) whether the Borrowing then being requested such borrowing is to be a Eurodollar Borrowing Loan or an ABR Borrowing; loan, (ii) the date of such Borrowing borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c))disbursed; (iv) the amount of such Borrowingborrowing; and (v) if such Borrowing borrowing is to be a Eurodollar BorrowingLoan, the Interest Period with respect thereto; provided, however, that, that notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing Loan is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's ’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.04 2.03 (and the contents thereof), and of each Lender's ’s portion of the requested Borrowingrequest borrowing.
Appears in 1 contract
Sources: Credit Agreement (Geokinetics Inc)
Borrowing Procedure. In order to request a Borrowing (other than a Competitive Borrowing, as to which this Section 2.04 shall not apply), the Borrower shall hand deliver or telecopy a fully executed Borrowing Request to the Administrative Agent a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m.12:00 (noon), New York City time, one Business Day (or with respect to the second and third Borrowing, three Business Days Days) before a proposed Borrowing Borrowing, and (b) in the case of an ABR Borrowing, not later than 10:00 11:00 a.m., New York City time, on the day of one Business Day before a proposed Borrowing. Each such Borrowing Request shall be irrevocable, signed by or on behalf of the Borrower, and shall specify the following information: (i) whether the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c))disbursed; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section Sections 2.01 and 2.02; provided, further, that the Borrower may condition each Borrowing in such notice on the entry of the Interim Order or the Final Order, as applicable. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then except as set forth in Section 2.01, the Borrower shall be deemed to have selected an Interest Period of one month's ’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.04 2.03 (and the contents thereof), and of each Lender's ’s portion of the requested Borrowing.
Appears in 1 contract
Borrowing Procedure. In order to request a the Borrowing (other than a Competitive Borrowing, as to which this Section 2.04 shall not apply)on the Initial Funding Date, the Borrower shall hand deliver or telecopy fax to the Administrative Agent a duly completed Borrowing Request (a) in the case of a Eurodollar BorrowingRequest, not later than 11:00 a.m.12:00 Noon, New York City time, three Business Days before a proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 10:00 a.m., New York City time, time on the day of a proposed BorrowingInitial Funding Date. Each The Borrowing Request shall be irrevocable, shall be signed by or on behalf of the Borrower, Borrower and shall specify the following information: (i) whether the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the initial Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's ’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to in accordance with this Section 2.04 2.03 (and the contents thereof), and of each Lender's ’s portion of the requested Borrowing.
Appears in 1 contract
Sources: Senior Unsecured Interim Loan Agreement (Avis Budget Group, Inc.)
Borrowing Procedure. In order to To request a Borrowing (other than a Competitive BorrowingLoans, as to which this Section 2.04 shall not apply), the Borrower shall deliver, by hand deliver delivery or telecopy to the Administrative Agent telecopier, a duly completed and executed Borrowing Request to Administrative Agent (ai) in the case of a Eurodollar BorrowingLoans, not later than 11:00 a.m., New York City time, three Business Days before a the date of the proposed Borrowing and or (bii) in the case of an ABR BorrowingLoans, not later than 10:00 11:00 a.m., New York City time, on the day date of the proposed borrowing; provided that, Borrower may make telephonic requests for Loans so long as a proposed Borrowingduly completed written and executed Borrowing Request is received prior to the times set forth above. Each Borrowing Request shall be irrevocable, signed by or on behalf of the Borrower, irrevocable and shall specify the following information: information in compliance with Section 2.02:
(ia) whether the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; aggregate amount of such borrowing;
(iib) the date of such Borrowing (borrowing, which shall be a Business Day); ;
(iiic) whether such borrowing is to be for ABR Loans or Eurodollar Loans;
(d) in the case of Eurodollar Loans, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”;
(e) the location and number and location of the Borrower’s account to which funds are to be disbursed (disbursed, which shall be an account that complies comply with the requirements of Section 2.02(c)); and
(ivf) that the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements conditions set forth in Section 2.02Sections 4.02(b)-(d) have been satisfied as of the date of the notice. If no election as to the Type of Borrowing Loans is specified in any such noticespecified, then the requested Borrowing borrowing shall be an for ABR BorrowingLoans. If no Interest Period Promptly following receipt of a Borrowing Request in accordance with respect to any Eurodollar Borrowing is specified in any such noticethis Section 2.03, then the Borrower shall be deemed to have selected an Interest Period of one month's duration. The Administrative Agent shall promptly advise each Lender of the Lenders of any notice given pursuant to this Section 2.04 (and the contents thereof), details thereof and of each the amount of such Lender's portion ’s Loan to be made as part of the requested Borrowing.
Appears in 1 contract
Borrowing Procedure. In order to request a Borrowing (other than a Competitive Term Borrowing, as to which this Section 2.04 the Borrowers shall not apply), the Borrower shall hand deliver or telecopy to notify the Administrative Agent a duly completed Borrowing Request of such request by telephone or in writing (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m.1:00 p.m., New York City timeLocal Time, three Business Days before a proposed Borrowing (provided that, if such Eurodollar Borrowing is an initial Term Borrowing to be made on the Closing Date, notice must be received by the Administrative Agent not later than 1:00 p.m., Local Time one Business Day prior to the Closing Date) and (b) in the case of an ABR Borrowing, not later than 10:00 a.m.12:00 p.m., New York City timeLocal Time, on the day requested date of a any proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable, signed and shall be confirmed promptly by hand delivery, fax or on behalf electronic mail to the Administrative Agent of the Borrower, a written Borrowing Request and shall specify the following information: (i) whether the such Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c))disbursed; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the such Borrower shall be deemed to have selected an Interest Period of one month's ’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.04 2.03(a) (and the contents thereof), and of each Lender's ’s portion of the requested Borrowing.
Appears in 1 contract
Sources: Term Loan Credit Agreement (Houghton Mifflin Harcourt Co)
Borrowing Procedure. In order to request a Borrowing (other than a Competitive Borrowing, as to which this Section 2.04 shall not apply)Conversion) during the Funding Availability Period, the Borrower shall hand deliver or telecopy send via facsimile (which facsimile may be delivered via the recipient’s electronic mail system) to the Administrative Agent a duly completed Borrowing Request (ai) in the case of a Eurodollar Term SOFR Borrowing, not later than 11:00 a.m.12:00 p.m., New York City time, three (3) Business Days before (or such shorter period of time as Agent may agree) prior to the proposed Borrowing, (ii) in the case of a Daily Simple SOFR Borrowing, not later than 12:00 p.m., New York City time, five (5) U.S. Government Securities Business Days (or such shorter period of time as Agent may agree) prior to the proposed Borrowing Borrowing, and (biii) in the case of an ABR Borrowing, not later than 10:00 a.m.1:00 p.m., New York City time, on the day Business Day of a the proposed Borrowing. Each Borrowing Request Such notice shall be irrevocable, signed by or on behalf of the Borrower, irrevocable and shall in each case specify the following information: (iA) whether the Borrowing then being requested is to be a Eurodollar Term SOFR Borrowing, a Daily Simple SOFR Borrowing or an ABR Borrowing; Borrowing and (iiB) the date of such Borrowing (which shall be a Business Day); (iiiDay and shall constitute a Funding Date) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect theretothereof; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, that each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be in an ABR Borrowingamount which is an integral multiple of $1,000,000 and not less than $5,000,000. If no Interest Period with respect Notwithstanding anything to any Eurodollar Borrowing is specified in any such noticethe contrary herein, then the Borrower may request up to three (3) Borrowings (which, for the avoidance of doubt, shall be deemed to have selected an Interest Period not include any Conversions or continuations of one month's duration. The Administrative Agent shall promptly advise existing Borrowings) during the Lenders of any notice given pursuant to this Section 2.04 (and the contents thereof), and of each Lender's portion of the requested BorrowingFunding Availability Period.
Appears in 1 contract
Sources: Term Loan Credit Agreement (Oncor Electric Delivery Co LLC)
Borrowing Procedure. In order to To request a Borrowing (other than a Competitive the Term Borrowing, as to which this Section 2.04 Borrowers shall not apply)deliver, the Borrower shall by hand deliver delivery or telecopy telecopier, a duly completed and executed Borrowing Request to the Administrative Agent a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, three Business Days before a proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 10:00 a.m., New York City time, on the day date of a the proposed Borrowing. Each Borrowing Request shall be irrevocable, signed by or on behalf of the Borrower, irrevocable and shall specify the following information: information in compliance with Section 2.02:
(ia) whether the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR aggregate amount of such Term Borrowing; ;
(iib) the date of such Borrowing (Term Borrowing, which shall be a Business Day); ;
(iiic) whether such Term Borrowing is to be an ABR Term Borrowing or a Eurodollar Term Borrowing;
(d) in the case of a Eurodollar Term Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”;
(e) the location and number and location of the account of the Borrowers to which funds are to be disbursed (disbursed, which shall be an account that complies comply with the requirements of Section 2.02(c)); and
(ivf) that the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements conditions set forth in Section 2.02Sections 4.01(h), (i) and (j) have been satisfied as of the date of the notice. If no election as to the Type of Term Borrowing is specified in any such noticespecified, then the requested Term Borrowing shall be a Eurodollar Term Borrowing having an ABR BorrowingInterest Period as specified in clause (c) of the proviso to the definition of Interest Period. If no Interest Period is specified with respect to any the requested Eurodollar Borrowing is specified in any such noticeTerm Borrowing, then the Borrower Borrowers shall be deemed to have selected an Interest Period as specified in clause (c) of one month's durationthe proviso to the definition of Interest Period. The Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall promptly advise each Lender of the Lenders of any notice given pursuant to this Section 2.04 (and the contents thereof), details thereof and of each the amount of such Lender's portion ’s Term Loan to be made as part of the requested Term Borrowing.
Appears in 1 contract
Sources: Credit Agreement (Bearingpoint Inc)
Borrowing Procedure. In order to request a the Borrowing (other than a Competitive Borrowing, as to which this Section 2.04 shall not apply)on the Closing Date, the Borrower shall hand deliver or telecopy to notify the Administrative Agent a duly completed Borrowing Request of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m.1:00 p.m., New York City time, three two Business Days before a proposed Borrowing Borrowing, and (b) in the case of an ABR Borrowing, not later than 10:00 a.m.1:00 p.m., New York City time, on the day of one Business Day before a proposed Borrowing. Each Such telephonic Borrowing Request shall be irrevocable, signed and shall be confirmed promptly by hand delivery or on behalf fax to the Administrative Agent of the Borrower, written Borrowing Request and shall specify the following information: (i) whether the such Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing; and (viv) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's ’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any written notice given pursuant to this Section 2.04 2.03 (and the contents thereof), and of each Lender's ’s portion of the requested Borrowing.
Appears in 1 contract
Sources: Second Lien Term Loan Credit Agreement (Vantage Energy Inc.)
Borrowing Procedure. In order to request a Borrowing (other than a Competitive Borrowingdeemed Borrowing pursuant to Section 2.03(f), as to which this Section 2.04 shall not apply), the Borrower shall hand deliver or telecopy to the Administrative Agent a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m.2:00 p.m., New York City time, three Business Days before a proposed Borrowing Borrowing, and (b) in the case of an ABR Borrowing, not later than 10:00 a.m., 1:00 p.m. New York City time, on the day Business Day of a proposed Borrowing. Each Borrowing Request shall be irrevocable, shall be signed by or on behalf of the Borrower, Borrower and shall specify the following information: (i) whether the Borrowing then being requested is to be a Tranche A Term Borrowing, a Tranche B Term Borrowing or a Revolving Credit Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); , (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c))disbursed; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.022.03. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's duration. The Administrative Agent shall promptly advise the Lenders of any notice given pursuant to this Section 2.04 (and the contents thereof), and of each Lender's portion of the requested Borrowing.ABR
Appears in 1 contract
Borrowing Procedure. In order to request a Borrowing (other than a Competitive Term Borrowing, as to which this Section 2.04 the Borrowers shall not apply), the Borrower shall hand deliver or telecopy to notify the Administrative Agent a duly completed Borrowing Request of such request by telephone or in writing (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m.1:00 p.m., New York City time, three Business Days before a proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 10:00 a.m.1:00 p.m., New York City time, on the day of one Business Day before a proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable, signed and shall be confirmed promptly by hand delivery, fax or on behalf electronic mail to the Administrative Agent of the Borrower, a written Borrowing Request and shall specify the following information: (i) whether the such Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c))disbursed; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the such Borrower shall be deemed to have selected an Interest Period of one month's ’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.04 2.03(a) (and the contents thereof), and of each Lender's ’s portion of the requested Borrowing.
Appears in 1 contract
Sources: Term Loan Credit Agreement (Houghton Mifflin Harcourt Co)
Borrowing Procedure. In order to request a Borrowing (other than a Competitive the Borrowing, as to which this Section 2.04 shall not apply), the Borrower shall hand deliver or telecopy to notify the Administrative Agent a duly completed Borrowing Request of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, three Business Days before a the proposed Borrowing Borrowing, and (b) in the case of an ABR Borrowing, not later than 10:00 a.m.12:00 noon, New York City time, on one Business Day before the day of a proposed Borrowing. Each A telephonic Borrowing Request shall be irrevocable, signed and shall be confirmed promptly by hand delivery or on behalf fax to the Administrative Agent of the Borrower, a written Borrowing Request and shall specify the following information: (i) whether the such Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c))disbursed; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's ’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.04 2.03 (and the contents thereof), and of each Lender's ’s portion of the requested Borrowing.
Appears in 1 contract
Sources: Second Lien Credit Agreement (Weight Watchers International Inc)
Borrowing Procedure. In order to To request a Borrowing (other than a Competitive BorrowingCredit Extension, as to which this Section 2.04 shall not apply), the Borrower shall deliver, by hand deliver delivery or telecopy facsimile, a duly completed and executed Borrowing Request to the Administrative Agent a duly completed Borrowing Request (ai) in the case of a Eurodollar Borrowing, not later than 11:00 a.m.12:00 p.m., New York City time, three Business Days before a the date of the proposed Borrowing and or (bii) in the case of an ABR Borrowing, not later than 10:00 a.m.12:00 p.m., New York City time, on one Business Day before the day date of a the proposed Borrowing. Each Borrowing Request shall be irrevocable, signed by or on behalf of the Borrower, irrevocable and shall specify the following information: information in compliance with Section 2.02:
(ia) whether the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR aggregate amount of such Borrowing; ;
(iib) the date of such Borrowing (Borrowing, which shall be a Business Day);
(c) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(d) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and
(iiie) the location and number and location of the Borrower’s account to which funds are to be disbursed (disbursed, which shall be an account that complies comply with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such noticespecified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing is specified in any such noticeBorrowing, then the Borrower shall be deemed to have selected an Interest Period of one month's ’s duration. The Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall promptly advise each Lender of the Lenders of any notice given pursuant to this Section 2.04 (and the contents thereof), details thereof and of each the amount of such Lender's portion ’s Loan to be made as part of the requested Borrowing.
Appears in 1 contract
Sources: Credit Agreement (Stockbridge/Sbe Investment Company, LLC)
Borrowing Procedure. In order to request a Borrowing (other than a Competitive Borrowing, as to which this Section 2.04 shall not apply), the Borrower shall hand deliver or telecopy to notify the Administrative Agent a duly completed Borrowing Request of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m.1:00 p.m., New York City time, three Business Days before a proposed Borrowing Borrowing, and (b) in the case of an ABR Borrowing, not later than 10:00 11:00 a.m., New York City time, on the day same Business Day of a proposed BorrowingBorrowing or such other prior notice reasonably acceptable to the Administrative Agent. Each such telephonic Borrowing Request shall be irrevocable, signed and shall be confirmed promptly by hand delivery or on behalf fax to the Administrative Agent of the Borrower, a written Borrowing Request and shall specify the following information: (i) whether the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c))disbursed; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; and (vi) that as of the date of such Borrowing, the conditions set forth in Section 4.02 are satisfied; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's ’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.04 2.03 (and the contents thereof), and of each Lender's ’s portion of the requested Borrowing.
Appears in 1 contract
Borrowing Procedure. In order to request a the Borrowing (other than a Competitive Borrowing, as to which this Section 2.04 shall not apply)be made on the A&R Effective Date, the Borrower Borrowers shall hand deliver have delivered or telecopy faxed to the Administrative Agent a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City Birmingham, Alabama time, three Business Days before a proposed Borrowing prior to the A&R Effective Date, and (b) in the case of an ABR Borrowing, not later than 10:00 a.m., New York City Birmingham, Alabama time, on the day of a proposed BorrowingA&R Effective Date. Each Such Borrowing Request shall be irrevocable, shall be signed by or on behalf of the Borrower, Borrowers and shall specify the following information: (i) whether the such Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c))disbursed; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any the Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such noticerequest, then the requested Borrowing shall be an ABR Borrowing. If , and if no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower Borrowers shall be deemed to have selected an Interest Period of one month's ’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given request made pursuant to this Section 2.04 (and the contents thereof), and of each Lender's ’s portion of the requested Borrowing.
Appears in 1 contract
Sources: Second Lien Credit Agreement (Thermadyne Holdings Corp /De)
Borrowing Procedure. In order to request a the Borrowing (other than a Competitive Borrowing, as to which this under Section 2.04 shall not apply)2.01, the Borrower shall hand deliver deliver, telecopy or telecopy send by electronic communication to the Administrative Agent a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m.noon, New York City time, three Business Days before a the proposed Borrowing Borrowing, and (b) in the case of an ABR Borrowing, not later than 10:00 a.m.12:00 noon, New York City time, on the day of a the proposed Borrowing. Each The Borrowing Request shall be irrevocable, shall be signed by or on behalf of the Borrower, Borrower and shall specify the following information: (i) whether the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such the Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (iv) the amount of such the Borrowing; and (v) if such the Borrowing is to be a Eurodollar Borrowing, the initial Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any the Borrowing Request, each requested the Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such the notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such the notice, then the Borrower shall be deemed to have selected an Interest Period of one month's ’s duration. The Administrative Agent shall promptly advise the Lenders of any notice given pursuant to this Section 2.04 2.03 (and the contents thereof), and of each Lender's ’s portion of the requested Borrowing.
Appears in 1 contract
Borrowing Procedure. In order to To request a Borrowing (other than a Competitive Borrowing, as to which this Section 2.04 shall not apply)on the Restatement Date, the Borrower shall hand deliver or telecopy to notify the Administrative Agent a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, such request by telephone not later than 11:00 a.m., New York City time, three Business Days before a proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 10:00 10:30 a.m., New York City time, on the day of a proposed BorrowingRestatement Date. Each Such telephonic Borrowing Request shall be irrevocable, irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request signed by or on behalf of the Borrower, . Such telephonic and written Borrowing Request shall specify the following information: information in compliance with Section 2.02:
(i) whether the Borrowing then being aggregate amount of the requested is to be a Eurodollar Borrowing or an ABR Borrowing; ;
(ii) the date of such Borrowing (proposed Restatement Date, which shall be a Business Day); ;
(iii) whether such Borrowing is to be an ABR Borrowing; and
(iv) the location and number and location of the Borrower’s account to which funds are to be disbursed (disbursed, which shall be an account that complies comply with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.022.04. If no election as to the Type of Borrowing is specified in any such noticespecified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing is specified in any such noticeBorrowing, then the Borrower shall be deemed to have selected an Interest Period of one month's ’s duration. The Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall promptly advise each Lender of the Lenders of any notice given pursuant to this Section 2.04 (and the contents thereof), details thereof and of each the amount of such Lender's portion ’s Loan to be made as part of the requested Borrowing.
Appears in 1 contract
Sources: Second Lien Credit Agreement (Goodyear Tire & Rubber Co /Oh/)
Borrowing Procedure. In order to request a Borrowing (other than a Competitive Borrowingthe Term Loans, as to which this Section 2.04 2.03 shall not apply), the Borrower shall hand deliver or telecopy facsimile to the Administrative Agent a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City Charlotte, North Carolina time, three Business Days before a proposed Borrowing Borrowing, and (b) in the case of an ABR Borrowing, not later than 10:00 a.m., New York City Charlotte, North Carolina time, on the day date (which shall be a Business Day) of a proposed Borrowing. Each Borrowing Request shall be irrevocable, shall be signed by or on behalf of the Borrower, Borrower and shall specify the following information: (i) whether the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c))) hereof; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's duration. The Administrative Agent shall promptly advise the Lenders of any notice given pursuant to this Section 2.04 2.03 hereof (and the contents thereof), and of each Lender's portion of the requested Borrowing.
Appears in 1 contract
Borrowing Procedure. In order to request a Borrowing (other than a Competitive effect the Term Borrowing, as to which this Section 2.04 shall not apply), the Borrower shall hand deliver or telecopy to the Administrative Agent or give the Administrative Agent telephonic notice (followed by a hard copy delivered by first class mail) of a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, three Business Days before a proposed Borrowing the Closing Date, and (b) in the case of an ABR Borrowing, not later than 10:00 11:00 a.m., New York City time, on the day of a proposed BorrowingClosing Date. Each The Borrowing Request shall be irrevocable, shall be signed by or on behalf of the Borrower, Borrower and shall specify the following information: (i) whether the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business Daythe Closing Date); , (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each the requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.04 2.03 (and the contents thereof), and of each Lender's portion of the requested Borrowing.
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Borrowing Procedure. In order to request a Borrowing (other than a Competitive BorrowingBorrowing or a deemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.04 shall not apply), the Borrower shall hand deliver or telecopy to notify the Administrative Agent a duly completed Borrowing Request of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, three Business Days before a proposed Borrowing Borrowing, and (b) in the case of an ABR Borrowing, not later than 10:00 11:00 a.m., New York City time, on the day of a proposed Borrowing. Each Borrowing Request shall be irrevocable, signed shall be confirmed promptly by hand delivery or on behalf telecopy to the Administrative Agent of a written Borrowing Request substantially in the Borrower, form of Exhibit C or such other form as shall be acceptable to the Administrative Agent and shall specify the following information: (i) whether the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's duration. The Administrative Agent shall promptly advise the Lenders of any notice given pursuant to this Section 2.04 (and the contents thereof), and of each Lender's portion of the requested Borrowing.
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Sources: Credit Agreement (Laboratory Corp of America Holdings)
Borrowing Procedure. (a) In order to request a Borrowing (other than a Competitive Borrowingdeemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.04 2.03 shall not apply), the Borrower shall hand deliver or telecopy fax to the Administrative Agent a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m.12:00 p.m., New York City time, three (3) Business Days before a proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 10:00 a.m.12:00 p.m., New York City time, on the day of one (1) Business Day before a proposed Borrowing. Each Borrowing Request shall be irrevocable, shall be signed by or on behalf of the Borrower, Borrower by a Responsible Officer and shall specify the following information: (i) whether the Borrowing then being requested is to be a Construction Borrowing, a Term Borrowing or a Revolving Credit Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c)) and the Credit Documents); (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the initial Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's duration. The Administrative Agent shall promptly advise the Lenders of any notice given pursuant to this Section 2.04 (and the contents thereof2.01(a), and of each Lender's portion of the requested Borrowing.
Appears in 1 contract
Sources: Credit Agreement (Dynegy Inc /Il/)
Borrowing Procedure. In order to request a Borrowing (other than a Competitive BorrowingSwingline Loan or a deemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.04 2.03 shall not apply), the applicable Borrower shall notify the Administrative Agent by telephone of its intent to request a Borrowing and shall hand deliver or telecopy to the Administrative Agent a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, three Business Days before a proposed Borrowing Borrowing, and (b) in the case of an ABR Borrowing, not later than 10:00 a.m.12:00 noon, New York City time, on the day of one Business Day before a proposed Borrowing. Each Borrowing Request shall be irrevocable, shall be signed by or on behalf of the Borrower, applicable Borrower and shall specify the following information: (i) whether the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); , (iii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the applicable Borrower shall be deemed to have selected an Interest Period of one month's duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.04 2.03 (and the contents thereof), and of each Lender's portion of the requested Borrowing.
Appears in 1 contract
Sources: Credit Agreement (Lifestyle Furnishings International LTD)