Common use of Borrowing Procedure Clause in Contracts

Borrowing Procedure. To request a Revolving Borrowing or Term Borrowing, Borrower shall deliver, by hand delivery, telecopier or electronic mail (in pdf form and then followed by the original via overnight mail), a duly completed and executed Borrowing Request to the Administrative Agent (i) in the case of a Eurodollar Borrowing, not later than 2:00 p.m., New York City time, three Business Days before the date of the proposed Borrowing or (ii) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Each Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such Borrowing; (c) the date of such Borrowing, which shall be a Business Day; (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) 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”; (f) the location (which shall be an account in the United States) and number of Borrower’s account to which funds are to be disbursed; and (g) that the conditions set forth in Sections 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, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 4 contracts

Sources: Credit Agreement (Mattress Firm Holding Corp.), Credit Agreement (Mattress Firm Holding Corp.), Credit Agreement (Mattress Firm Holding Corp.)

Borrowing Procedure. To request a Revolving Borrowing or Term Loan Borrowing, the Borrower shall deliver, by hand delivery, telecopier facsimile or other electronic mail transmission if arrangements for doing so have been approved in writing (in pdf form and then followed including via email) by the original via overnight mail)Administrative Agent, a duly completed and executed Borrowing Request to the Administrative Agent (ia) in the case of a Eurodollar Revolving Borrowing, not later than 2:00 12:00 p.m., New York City timetime (or such later time on such Business Day as may be reasonably acceptable to the Administrative Agent), three (3) Business Days before the date of the proposed Borrowing; provided that a Revolving Borrowing may not be requested more than twice per calendar month, or (iib) in the case of an ABR BorrowingTerm Loan Borrowings to be made on the Closing Date, not later than 11:00 a.m.12:00 p.m., New York City time, on (1) one Business Day before the date of the proposed Borrowing. Each Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such Borrowing; (c) the date of such Borrowing, which shall be a Business Day; (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) 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”; (f) the location (which shall be an account in the United States) and number of Borrower’s the account to which funds are to be disbursed; and (g) with respect to each Credit Extension made after the Closing Date, that the conditions set forth in Sections 4.02(b)-(dSection 4.02(b) have been and Section 4.02(c) will be satisfied or waived as of the date of the noticerequested Borrowing is made. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be a Eurodollar Borrowing with an ABR BorrowingInterest Period of one month’s duration. If no the Borrower requests a Eurodollar Borrowing but fails to specify an Interest Period is specified with respect to any requested Eurodollar BorrowingPeriod, then the Borrower shall will be deemed to have selected specified an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this SectionSection 2.03, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 4 contracts

Sources: Amendment Agreement (Jamf Holding Corp.), Credit Agreement (Jamf Holding Corp.), Credit Agreement (Juno Topco, Inc.)

Borrowing Procedure. To In order to request a Revolving Borrowing or Term Borrowing, Borrower (other than a deemed Borrowing pursuant to Section 2.02(f) as to which this Section 2.03 shall deliver, by hand delivery, telecopier or electronic mail (in pdf form and then followed by the original via overnight mailnot apply), a duly completed and executed Borrowing Request to Borrower shall notify the Administrative Agent of such request by telephone (ia) in the case of a Eurodollar BorrowingTerm SOFR Borrowing denominated in Dollars, not later than 2:00 p.m.12:00 (noon), New York City time, three Business Days before the date of the a proposed Borrowing or and (iib) in the case of a Eurocurrency Borrowing denominated in a Designated Foreign Currency, not later than 12:00 (noon), New York City time, four Business Days before a proposed Borrowing and (c) in the case of an ABR Borrowing, not later than 11:00 a.m.12:00 (noon), New York City time, on the date of the one Business Day before a proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery, fax or e-mail delivery to the Administrative Agent of a written Borrowing Request and shall specify the following information in compliance with Section 2.02: information: (ai) whether the Borrowing then being requested Borrowing is to be a Borrowing of Tranche B-1 U.S. Term Loans, Tranche B-2 U.S. Term Loans, Tranche B-3 U.S. Term Loans, European Term Loans, Incremental Term Loans of any other Class, Revolving Loans or Other Revolving Loans and whether such Borrowing is to be a Eurocurrency Borrowing, a Term Loans; SOFR Borrowing or an ABR Borrowing (b) the aggregate amount of such or a FBR Borrowing; ); (cii) the date of such Borrowing, Borrowing (which shall be a Business Day; ); (diii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition number and location of the term “Interest Period”; (f) the location (which shall be an account in the United States) and number of Borrower’s account to which funds are to be disbursed; and (giv) that the conditions amount and currency of such Borrowing; and (v) if such Borrowing is to be a Eurocurrency Borrowing or a Term SOFR Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, (x) each requested Borrowing shall comply with the requirements set forth in Sections 4.02(b)-(dSection 2.02 and (y) have been satisfied as no Borrowing may be requested to be made on the same day that a prepayment under Section 2.12 of Loans of the date of same Class and Type the noticerequested Borrowing is scheduled to be made. If no election as to the Type of Borrowing is specifiedspecified in any such notice, then the requested Borrowing shall be in the case of Borrowing denominated in Dollars, an ABR Borrowing, and, in the case of a Borrowing denominated in a Designated Foreign Currency, a Eurocurrency Borrowing. If no Interest Period is specified with respect to any requested Eurodollar BorrowingEurocurrency Borrowing or Term SOFR 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. Promptly following receipt of a Borrowing Request in accordance with this Section, the The Administrative Agent shall promptly advise each Lender the applicable Lenders of any notice given pursuant to this Section 2.03 (and the details thereof contents thereof), and of the amount of such each Lender’s Loan to be made as part portion of the requested Borrowing.

Appears in 3 contracts

Sources: Credit Agreement (Pactiv Evergreen Inc.), Specified Refinancing Amendment, Incremental Amendment and Administrative Agency Transfer Agreement (Pactiv Evergreen Inc.), Fourth Amended and Restated Agreement (Pactiv Evergreen Inc.)

Borrowing Procedure. To request a Revolving Borrowing or (including in respect of a Borrowing of the Term BorrowingLoans to be made hereunder), Borrower shall deliver, notify the Administrative Agent of such request by hand delivery, telecopier telephone (promptly confirmed by telecopy) or electronic mail (in pdf form and then followed by the original via overnight mail), delivering a duly completed and executed Borrowing Request to the Administrative Agent (ia) in the case of a Eurodollar Borrowing, not later than 2:00 p.m., New York City time, three Business Days before the date of the proposed Borrowing or (iib) in the case of an ABR Borrowing, not later than 2:00 p.m., New York City time, one Business Day before the date of the proposed Borrowing; provided that, any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.17(e) may be given not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed not later than 3:00 p.m., New York City time, on such Business Day by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request substantially in the form of Exhibit C and signed by Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such Borrowing; (cb) the date of such Borrowing, which shall be a Business Day; (dc) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (ed) 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 (fe) the location (which shall be an account in the United States) and number of Borrower’s account to which funds are to be disbursed; and (g) that , which shall comply with the conditions set forth in Sections 4.02(b)-(d) have been satisfied as requirements of the date of the noticeSection 2.02. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Revolving Borrowing, then Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this SectionSection 2.03, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 3 contracts

Sources: Credit Agreement (Herbalife Ltd.), Credit Agreement (Herbalife Ltd.), Credit Agreement (Herbalife Ltd.)

Borrowing Procedure. To In order to request a Revolving Borrowing or Term Borrowing(other than a deemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.03 shall not apply), the Borrower shall deliver, by hand delivery, telecopier or electronic mail (in pdf form and then followed by the original via overnight mail), a duly completed and executed Borrowing Request to notify the Administrative Agent of such request in writing or by telephone (ia) in the case of a Eurodollar Borrowing, not later than 2:00 p.m.12:00 (noon), New York City time, three Business Days before the date of the a proposed Borrowing or Borrowing, (iib) in the case of an ABR Term Borrowing, not later than 11:00 12:00 noon, New York City time, one Business Day before a proposed Borrowing and (c) in the case of an ABR Revolving Borrowing, 10:00 a.m., New York City time, on the date day of the a proposed Borrowing. Each such notice shall be irrevocable, and any telephonic notice shall be confirmed promptly by delivery of a written Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.02: information: (ai) the Class of such Borrowing, and whether the requested such Borrowing is to be a Eurodollar Borrowing of Revolving Loans or Term Loans; an ABR Borrowing; (b) the aggregate amount of such Borrowing; (cii) the date of such Borrowing, Borrowing (which shall be a Business Day; ); (diii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition number and location of the term “Interest Period”; (f) the location (which shall be an account in the United States) and number of Borrower’s account to which funds are to be disbursed; and (giv) that the conditions amount of such Borrowing and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Sections 4.02(b)-(d) have been satisfied as of the date of the noticeSection 2.02. If no election as to the Type of Borrowing is specifiedspecified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar BorrowingBorrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the The Administrative Agent shall promptly advise each Lender the applicable Lenders of any notice given pursuant to this Section 2.03 (and the details thereof contents thereof), and of the amount of such each Lender’s Loan to be made as part pro rata share of the requested Borrowing.

Appears in 3 contracts

Sources: Credit Agreement (Cactus, Inc.), Credit Agreement (Cactus, Inc.), Credit Agreement (Cactus, Inc.)

Borrowing Procedure. To request a Each Revolving Borrowing or Term Credit Borrowing, Borrower shall deliver, by hand delivery, telecopier or electronic mail (in pdf form and then followed by the original via overnight mail), each conversion of a duly completed and executed Borrowing Request from one Type to the Administrative Agent (i) in the case other, and each continuation of a Eurodollar BorrowingRate Borrowing shall be made upon the Borrower Representative’s irrevocable notice to Administrative Agent, not later than 2:00 p.m., New York City time, three Business Days before the date of the proposed Borrowing or (ii) in the case of an ABR Borrowing, which may be given by telephone. Each such notice must be received by Administrative Agent not later than 11:00 a.m.a.m. (i) three (3) Business Days prior to the requested date of any Borrowing of, New York City timeconversion to or continuation of a Eurodollar Rate Borrowing or of any conversion of a Eurodollar Rate Borrowing to a Base Rate Borrowing, and (ii) on the requested date of any Base Rate Borrowing. Each telephonic notice by the proposed BorrowingBorrower Representative pursuant to this Section 2.1(b) must be confirmed promptly by delivery to Administrative Agent of a written Borrowing Request, appropriately completed and signed by a Responsible Officer of the Borrower Representative. Each Borrowing of, conversion to or continuation of a Eurodollar Rate Borrowing shall be in a principal amount of $250,000 or a whole multiple of $50,000 in excess thereof. Except as provided in Sections 2.2(c) and 2.3(c), each Borrowing of or conversion to a Base Rate Borrowing shall be in a principal amount of $250,000 or a whole multiple of $50,000 in excess thereof; provided that a Base Rate Borrowing may be in an amount equal to Availability. Each Borrowing Request shall be irrevocable and (whether telephonic or written) shall specify the following information in compliance with Section 2.02: (aA) whether the requested Borrowing Borrower Representative is requesting a Revolving Credit Borrowing, a conversion of Borrowings from one Type to be the other, or a Borrowing continuation of Revolving Loans or Term Loans; Borrowings, (bB) the aggregate amount of such Borrowing; (c) the requested date of such the Borrowing, conversion or continuation, as the case may be (which shall be a Business Day; ), (dC) whether such Borrowing is the principal amount of Borrowings to be an ABR borrowed, converted or continued, (D) the Type of Borrowings to be borrowed or to which existing Borrowings are to be converted, and (E) if applicable, the duration of the Interest Period with respect thereto. If the Borrower Representative fails to specify a Type of Borrowing in a Borrowing Request or if the Borrower Representative fails to give a timely notice requesting a conversion or continuation, then the applicable Borrowing shall be made as, or converted to, a Base Rate Borrowing. Any such automatic conversion to Base Rate Borrowings shall be effective as of the last day of the Interest Period then in effect with respect to the applicable Eurodollar Rate Borrowing; (e) in . If the case Borrower Representative requests a Borrowing of, conversion to, or continuation of a Eurodollar BorrowingRate Borrowing in any such Borrowing Request, the initial Interest Period but fails to be applicable thereto, which shall be a period contemplated by the definition of the term “specify an Interest Period”; (f) the location (which shall be an account in the United States) and number of Borrower’s account to which funds are to be disbursed; and (g) that the conditions set forth in Sections 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, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then Borrower shall it will be deemed to have selected specified an Interest Period of one (1) month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 3 contracts

Sources: Credit Agreement (FlexEnergy Green Solutions, Inc.), Credit Agreement (FlexEnergy Green Solutions, Inc.), Credit Agreement (Natural Gas Services Group Inc)

Borrowing Procedure. To In order to request a Revolving Term Loan Borrowing or Term a Revolving Credit Borrowing, the Borrower shall deliver, by hand delivery, telecopier or electronic mail (in pdf form and then followed by the original via overnight mail), a duly completed and executed Borrowing Request to notify the Administrative Agent of such request by telephone not later than 12:00 p.m., New York time, (ia) one Business Day before a proposed Borrowing of Eurodollar Loans on the Funding Date and (b) three Business Days before a proposed Borrowing of Eurodollar Loans or SOFR Loans on any other date (or, in each case, such shorter period as may be agreed by the Administrative Agent) and no later than 12:00 p.m., New York time, on the Business Day before the date of a proposed Borrowing in the case of a Eurodollar Borrowing, not later than 2:00 p.m., New York City time, three Business Days before the date Borrowing of the proposed Borrowing or (ii) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed BorrowingLoans. Each such telephonic Borrowing Request shall be irrevocable irrevocable, and shall be confirmed promptly by hand delivery, e-mail or fax to the Administrative Agent of a written Borrowing Request and shall specify the following information in compliance with Section 2.02: information: (ai) whether the Borrowing then being requested Borrowing is to be a Borrowing of Term Loans, Revolving Credit Loans, Incremental Term Loans or Term Incremental Revolving Loans; ; (b) the aggregate amount of such Borrowing; (cii) the date of such Borrowing, Borrowing (which shall be a Business Day; ); (diii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition number and location of the term “Interest Period”; (f) the location (which shall be an account in the United States) and number of Borrower’s account to which funds are to be disbursed; (iv) the amount of such Borrowing (stated in the Available Currency); and (v) whether the Loans being made pursuant to such Borrowings are to be initially maintained as ABR Loans, Eurodollar Loans or SOFR Loans and (g) , if Eurodollar Loans or SOFR Loans, the Interest Period with respect thereto; provided, however, that the conditions initial Interest Period of any Eurodollar Borrowing made on the Funding Date shall end on a date reasonably satisfactory to the Administrative Agent specified by the Borrower in such Borrowing Request; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Sections 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, then the requested Borrowing shall be an ABR BorrowingSection 2.02. If no Interest Period is specified with respect to any requested Eurodollar BorrowingBorrowing or SOFR Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the The Administrative Agent shall promptly advise each Lender the applicable Lenders of any notice given pursuant to this Section 2.03 (and the details thereof contents thereof), and of the amount of such each Lender’s Loan to be made as part portion of the requested Borrowing. Notwithstanding anything to the contrary set forth herein, no request for Borrowing of Eurodollar Loans may be made for a Borrowing Date occurring after June 30, 2023.

Appears in 3 contracts

Sources: Incremental Loan Assumption Agreement (Altice USA, Inc.), Refinancing Amendment to Credit Agreement (Altice USA, Inc.), Credit Agreement (Altice USA, Inc.)

Borrowing Procedure. To request a Revolving Borrowing or a Term Loan Borrowing, Borrower shall deliver, by hand delivery, telecopier or electronic mail (in pdf form and then followed by the original via overnight mail), a duly completed and executed Borrowing Request to notify the Administrative Agent of such request by telephone (ipromptly confirmed by telecopy) (a) in the case of a Eurodollar Borrowing, not later than 2:00 1:00 p.m., New York City time, three Business Days before the date of the proposed Borrowing or (iib) in the case of an ABR Borrowing, not later than 1:00 p.m., New York City time, one Business Day before the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.18(e) may be given not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Revolving Borrowing of Revolving Loans or a Term LoansLoan Borrowing; (b) the aggregate amount of such Borrowing; (c) the date of such Borrowing, which shall be a Business Day; (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) 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”;; provided that until the earlier of (i) the date which is 30 days after the Closing Date and (ii) the date on which a successful syndication of the Loans and Commitments shall have been declared by the Joint Lead Arrangers, Borrower shall only be permitted to request an Interest Period of seven days; and (f) the location (which shall be an account in the United States) and number of Borrower’s account to which funds are to be disbursed; and (g) that , which shall comply with the conditions set forth in Sections 4.02(b)-(d) have been satisfied as requirements of the date of the noticeSection 2.02. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Revolving Borrowing, then Borrower shall be deemed to have selected an Interest Period of one month’s durationduration (subject to the proviso of clause (e) above). Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 3 contracts

Sources: Credit Agreement (Cpi International, Inc.), Credit Agreement (Cpi International, Inc.), Credit Agreement (Cpi International, Inc.)

Borrowing Procedure. To request a Revolving Borrowing or Term Borrowing, (i) The Borrower shall deliver, by hand delivery, telecopier or electronic mail (in pdf form and then followed by the original via overnight mail), a duly completed and executed Borrowing Request to give the Administrative Agent at the Administrative Agent’s Office prior to 1:00 p.m. (i) in the case of a Eurodollar Borrowing, not later than 2:00 p.m., New York City time, ) (i) at least three Business Days before Days’ prior written notice in the date form of Borrowing Request (or telephonic notice promptly confirmed in writing) of the proposed Borrowing of Loans if all or any of such Loans are to be initially LIBOR Loans, and (ii) prior written notice in the case form of an ABR Borrowing, not later than 11:00 a.m., New York City time, Borrowing Request (or telephonic notice promptly confirmed in writing) on the date of the proposed BorrowingBorrowing of Loans if all such Loans are to be ABR Loans. Each Such Borrowing Request shall be irrevocable substantially in the form of Exhibit C-1 or C-2 hereto, as applicable, and shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term Loans; (bi) the aggregate principal amount of such Borrowing; the Loans to be made, (cii) the date of such Borrowing, which shall be a Business Day; the Borrowing and (diii) whether such Borrowing is the Loans shall consist of ABR Loans and/or LIBOR Loans and, if the Loans are to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowinginclude LIBOR Loans, the initial Interest Period to be initially applicable thereto, which shall be a period contemplated . Each telephonic notice by the definition of the term “Interest Period”; (fBorrower pursuant to this Section 2.03(a) the location (which shall must be an account in the United States) and number of Borrower’s account confirmed promptly by delivery to which funds are to be disbursed; and (g) that the conditions set forth in Sections 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, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent of a written Borrowing Request by no later than 2:00 p.m. (New York City time). The Administrative Agent shall advise promptly give each Lender written notice (or telephonic notice promptly confirmed in writing) of the details proposed Borrowing of Loans, of such ▇▇▇▇▇▇’s proportionate share thereof and of the amount other matters covered by the related Borrowing Request. If the Borrower fails to specify whether any Loans shall consist of such Lender’s Loan to ABR Loans or LIBOR Loans in the Borrowing Request, then the applicable Loans shall be made as part of the requested BorrowingABR Loans.

Appears in 3 contracts

Sources: Term Loan Credit Agreement (Rotech Healthcare Inc), Term Loan Credit Agreement (Rotech Healthcare Inc), Term Loan Credit Agreement (Rotech Healthcare Inc)

Borrowing Procedure. To request a Revolving Borrowing or Term Borrowing, Borrower shall deliver, by hand delivery, telecopier delivery or electronic mail (in pdf form and then followed by the original via overnight mail)telecopy, a duly completed and executed Borrowing Request to the Administrative Agent (i) in the case of a Eurodollar Borrowing, not later than 2:00 p.m.11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing or (ii) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Each Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Revolving Borrowing of Revolving Loans or Term LoansLoan Borrowing; (b) the aggregate amount of such Borrowing; (c) the date of such Borrowing, which shall be a Business Day; (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) 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"; provided that at any time on or before the earlier of (x) the date on which the Lead Arranger shall have notified Borrower that a Successful Syndication has been achieved and (y) the thirtieth day following the Closing Date, the Interest Period shall be seven days; (f) the location (which shall be an account in the United States) and number of Borrower’s 's account to which funds are to be disbursed, which shall comply with the requirements of Section 2.02; and (g) that the conditions set forth in Sections 4.02(b)-(d4.02(b)-(e) have been are satisfied as of the date of the notice. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Revolving Borrowing, then Borrower shall be deemed to have selected an Interest Period of one month’s duration's duration (subject to the proviso in clause (e) above). Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s 's Loan to be made as part of the requested Borrowing.

Appears in 3 contracts

Sources: Credit Agreement (Norcraft Companies Lp), Credit Agreement (Norcraft Companies Lp), Credit Agreement (Norcraft Companies Lp)

Borrowing Procedure. To request a Revolving Borrowing or Term Borrowing, Borrower shall deliverdeliver via telephonic or email notice, by hand delivery, telecopier or electronic mail (in pdf form and then followed by the original via overnight mail), a duly completed and executed Borrowing Request to the Administrative Agent (i) in the case of a Eurodollar Borrowing, not later than 2:00 1:00 p.m., New York City time, three (3) Business Days before the date of the proposed Borrowing or (ii) in the case of an ABR Borrowing, not later than 11:00 a.m.1:00 p.m., New York City time, on the date of the proposed Borrowing. Each Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such Borrowing; (cb) the date of such Borrowing, which shall be a Business Day; (dc) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (ed) 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”; (fe) the location (which shall be an account in the United States) and number of Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.02(c); and (gf) that the conditions set forth in Sections 4.02(b)-(d) 4.01 have been satisfied as of the date of the notice. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’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. To request a Revolving Borrowing or Term Borrowing, the applicable Borrower shall deliver, by hand delivery, telecopier delivery or electronic mail (in pdf form and then followed by the original via overnight mail)telecopy, a duly completed and executed Borrowing Request to the Administrative Agent (i) in the case of a Eurodollar Borrowing, not later than 2:00 p.m.11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing or (ii) in the case of an ABR Borrowing, not later than 11:00 10:00 a.m., New York City time, on the date of the proposed Borrowing. Each Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans, U.S. Term Loans or Canadian Term Loans; (b) the aggregate amount of such Borrowing; (c) the date of such Borrowing, which shall be a Business Day; (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) 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”; provided that until the earlier of (x) the date on which the Syndication Agent shall have notified U.S. Borrower that a Successful Syndication has been achieved and (y) 60 days after the Third Amendment Effectiveness Date, the Interest Period for any Term Loans shall be seven days; (f) the location (which shall be an account in the United States) and number of the applicable Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.02(c); and (g) that the conditions set forth in Sections 4.02(b)-(d4.02(b) through (d) have been satisfied as of the date of the notice. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Revolving Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s durationduration (subject to the proviso in clause (e) above). Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 2 contracts

Sources: Credit Agreement (Ply Gem Holdings Inc), Credit Agreement (Ply Gem Holdings Inc)

Borrowing Procedure. (a) To request a Revolving Borrowing or Term Borrowing, Borrower Administrative Borrower, on behalf of the applicable Borrower, shall deliver, by hand delivery, telecopier or electronic mail (in pdf form and then followed or, to the extent separately agreed by the original via overnight mailAdministrative 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 (i) in the case of a Eurodollar Eurocurrency Borrowing, not later than 2:00 p.m.11:00 a.m., New York City time, three (3) Business Days before the date of the proposed Borrowing Borrowing, or (ii) in the case of an ABR Borrowing, not later than 11:00 9:00 a.m., New York City time, on the date of the proposed Borrowing. Each Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term Loans; (bi) the aggregate amount of such Borrowing; (cii) the date of such 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; (div) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency Borrowing; (ev) in the case of a Eurodollar Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (fvi) the location (which shall be an account in the United States) and number of the applicable Borrower’s account to which funds are to be disbursed; and, which shall comply with the requirements of Section 2.02(c); (gvii) in the case of the initial Credit Extension hereunder or under any Incremental Term Loan Commitments, that the conditions set forth in Sections 4.02(b)-(dSection 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, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing, then Administrative Borrower on behalf of the applicable Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each applicable Lender of the details thereof and of the amount of such Lender’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. To request a Revolving Borrowing or Term Borrowing, a Borrower shall deliver, by hand delivery, telecopier delivery or electronic mail (in pdf form and then followed by the original via overnight mail)telecopier, a duly completed and executed Borrowing Request to the Administrative Agent (i) in the case of a Eurodollar Borrowing, not later than 2:00 p.m.11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing or (ii) in the case of an ABR Borrowing, not later than 11:00 9:00 a.m., New York City time, on the date of the proposed Borrowing. Each Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such Borrowing; (cb) the date of such Borrowing, which shall be a Business Day; (dc) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (ed) 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”; (fe) the location (which shall be an account in the United States) and number of such Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.02(c); and (gf) that the conditions set forth in Sections 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, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then such Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’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. To request a Revolving Borrowing or Term Borrowing, Borrower shall delivernotify the Administrative Agent by delivering, by hand delivery, telecopier delivery or electronic mail (in pdf form and then followed by the original via overnight mail)telecopier, a duly completed and executed Borrowing Request to the Administrative Agent (i) in the case of a Borrowing comprised of Eurodollar BorrowingLoans, not later than 2:00 p.m.11:00 a.m., New York City time, three Business Days before prior to the requested date of the proposed Borrowing or (ii) in the case of an a Borrowing comprised of ABR BorrowingLoans, not later than 11:00 10:00 a.m., New York City time, on the requested date of the proposed Borrowingborrowing. Each Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Borrowing aggregate amount of such Revolving Loans or Term LoansBorrowing; (b) the aggregate amount of such Borrowing; (c) the requested date of such Revolving Borrowing, which shall be a Business Day; (dc) whether such Revolving Borrowing is to be an for ABR Borrowing Loans or a Eurodollar BorrowingLoans; (ed) in the case of a Eurodollar BorrowingLoans, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (fe) the location (which shall be an account in the United States) and number of Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.02(c); and (gf) that the conditions set forth in Sections 4.02(b)-(d) have been satisfied as of the date of the noticeBorrowing Request. If no election as to the Type of Borrowing Loans is specified, then the requested Revolving Borrowing shall be deemed to be for Eurodollar Loans with an ABR BorrowingInterest Period of one month’s duration. If no Interest Period is specified with respect to any requested Eurodollar BorrowingLoan, then Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request Request, in accordance with this SectionSection 2.03, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s pro rata portion of the Loan to be made as part of the requested Borrowing.

Appears in 2 contracts

Sources: Credit Agreement (Nabors Industries LTD), Credit Agreement (Nabors Industries LTD)

Borrowing Procedure. To request a Revolving Borrowing or Term Borrowing, the applicable Borrower shall deliver, by hand delivery, telecopier delivery or electronic mail (in pdf form and then followed by the original via overnight mail)telecopy, a duly completed and executed Borrowing Request to the Administrative Agent (i) in the case of a Eurodollar Borrowing, not later than 2:00 p.m.11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing or (ii) in the case of an ABR Borrowing, not later than 11:00 10:00 a.m., New York City time, on the date of the proposed Borrowing. Each Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section SECTION 2.02: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans, U.S. Term Loans or Canadian Term Loans; (b) the aggregate amount of such Borrowing; (c) the date of such Borrowing, which shall be a Business Day; (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) 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"; PROVIDED that until the earlier of (x) the date on which the Syndication Agent shall have notified U.S. Borrower that a Successful Syndication has been achieved and (y) 60 days after the Closing Date, the Interest Period shall be seven days; (f) the location (which shall be an account in the United States) and number of the applicable Borrower’s 's account to which funds are to be disbursed, which shall comply with the requirements of SECTION 2.02(c); and (g) that the conditions set forth in Sections 4.02(b)-(dSECTIONS 4.02(b) THROUGH (d) have been satisfied as of the date of the notice. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Revolving Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s duration's duration (subject to the proviso in clause (e) above). Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s 's Loan to be made as part of the requested Borrowing.

Appears in 2 contracts

Sources: Credit Agreement (Ply Gem Industries Inc), Credit Agreement (Ply Gem Industries Inc)

Borrowing Procedure. To (a) In order to request a Revolving Borrowing or Term BorrowingLoan, the Borrower shall deliver, deliver by hand delivery, telecopier or by facsimile or other electronic mail (in pdf form and then followed by the original via overnight mail), a duly completed and executed Borrowing Request means to the Administrative Agent (i) in a duly completed Borrowing Request, together with the case of a Eurodollar Borrowingrelated Addition Notice, Borrowing Base Certificate and data tape or other electronic file containing information regarding the Related Receivables to be transferred on such Funding Date not later than 2:00 1:00 p.m., New York City time, three one Business Days Day before the date proposed Funding Date. Such Borrowing Base Certificate shall provide the current calculation of the proposed Class A Borrowing Base and Class B Borrowing Base (i) if such Funding Date is a Settlement Date, as of the end of business on the related Determination Date, or (ii) in if such Funding Date is not a Settlement Date, as of the case end of an ABR Borrowing, not later than 11:00 a.m., New York City time, business on the date Determination Date for the most recent Settlement Date (or as of the proposed Borrowingend of business on such date as agreed by the Administrative Agent). The Borrower shall submit no more than five (5) Borrowing Requests (and accompanying Addition Notices and Borrowing Base Certificates) per week, unless otherwise agreed by the Administrative Agent. Each Borrowing Request shall be irrevocable irrevocable, shall be signed by or on behalf of the Borrower and shall specify the following information in compliance with Section 2.02: information: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term Loans; (bi) the aggregate amount Funding Date of such Borrowing; Loans (c) the date of such Borrowing, which shall be a Business Day; ); (dii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition number and location of the term “Interest Period”; (f) the location (which shall be an account in the United States) and number of Borrower’s account to which funds are to be disburseddisbursed (which shall be an account that complies with the requirements of Section 2.02(c)); and and (giii) the aggregate amount to be borrowed and the allocation of Class A Loans and Class B Loans requested; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, (x) the Borrower shall not submit any Class A Borrowing Request unless accompanied by a Class B Borrowing Request such that the conditions aggregate amount of borrowing requested is proportionally split based on the Unrated Class A Advance Rate and the Unrated Class B Advance Rate and (y) each requested borrowing of Loans shall comply with the requirements set forth in Sections 4.02(b)-(dSection 2.02. The Administrative Agent shall promptly advise the Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s portion of the requested Loans. (b) have been satisfied The Borrower will be entitled to an additional advance (the “Flex Loan”) in an amount equal to (a) the greater of (i) the Available Flex Amount and (ii) the Flex Variable Amount, plus (b) the Flex Variable Amount; provided, however, that if the Adjusted Net Rated Advance Rate as of the any date of determination is greater than 85%, the notice. If no election as to the Type of Borrowing is specified, then the requested Borrowing Flex Loan shall be an ABR Borrowingzero. If In no Interest Period is specified event shall any Flex Loan cause a Facility Advance Cap Deficiency or result in the aggregate Invested Amount of the Lenders exceeding the Facility Advance Purchase Price Cap. (c) Upon any Ratings Requirement Bring-Down with respect to any requested Eurodollar Borrowingwhich the Rated Class A Advance Rate and/or the Rated Class B Advance Rate are reduced, then Borrower shall the Administrative Agent may elect to cause a Class A Borrowing Request and/or Class B Borrowing Request, as applicable, to be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a been submitted by the Borrower, in order to cure any Borrowing Request in accordance with this SectionBase Deficiency (e.g., decreasing the Class A Invested Amount and increasing the Class B Invested Amount). (d) With respect to each Borrowing Request, the Borrower shall direct the Administrative Agent shall advise each Lender of to deposit in (or to direct the details thereof and of Account Bank to credit to) the Reserve Account such amount of such Lender’s Loan as required to be made as part of ensure that the requested Borrowingthat amounts on deposit in the Reserve Account equal the Required Reserve Account Amount.

Appears in 2 contracts

Sources: Credit Agreement (Consumer Portfolio Services Inc), Credit Agreement (Consumer Portfolio Services Inc)

Borrowing Procedure. To request a Revolving Borrowing or Term Borrowing, Borrower shall deliver, by hand delivery, telecopier email through a “pdf” copy or facsimile transmission (or transmit by other electronic mail (transmission if arrangements for doing so have been approved in pdf form and then followed writing by the original via overnight mailAdministrative Agent), a duly completed and executed Borrowing Request to the Administrative Agent (i) in the case of a Eurodollar Borrowing, not later than 2:00 12:30 p.m., New York City time, three on the third Business Days Day before the date of the proposed Borrowing (or such later time as may be reasonably acceptable to the Administrative Agent, in the case of any Borrowing, or the Issuing Bank, in the case of any issuance, amendment, extension or renewal of a Letter of Credit) or (ii) in the case of an ABR Borrowing, not later than 11:00 a.m.12:30 p.m., New York City time, on the date Business Day of the proposed BorrowingBorrowing (provided that such notice shall be delivered not later than 12:30 p.m., New York City time, one (1) Business Day prior to the Closing Date in the case of the Credit Extensions on the Closing Date). Each Borrowing Request shall be irrevocable (provided that a Borrowing Request in respect of the Credit Extensions on the Closing Date, or in connection with any Permitted Acquisition or other transaction permitted under this Agreement, may, subject to Section 2.13, be conditioned on the closing of the Acquisition or such Permitted Acquisition or other transaction, as applicable, to the extent revocation of such notice is received by written notice to the Administrative Agent no later than 12:30 p.m., New York City time on the date of such proposed Borrowing) and shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term LoansLoans (specifying the Class thereof); (b) the aggregate amount of such Borrowing; (c) the currency in which such Loans are to be denominated (limited to Dollars or, other than in the case of any Loan requested under the US Dollar Revolving Commitments, an Alternative Currency); (d) the date of such Borrowing, which shall be a Business Day; (de) other than in the case of Loans in any Alternative Currency (which shall be in the form of a Eurodollar Borrowing), whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (ef) 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”; (fg) the location (which shall be an account in the United States) and number of Borrower’s account to which funds are to be disbursed; and (gh) that the conditions set forth in Sections 4.02(b)-(dSection 4.02(b) have been and (c) are satisfied as of the date of such Borrowing, after giving effect thereto, except in the noticecase of a Borrowing made on the Closing Date. If no election as to the Type of Borrowing is specified, then (i) in the case of any Borrowing in Dollars, the requested Borrowing shall be an ABR BorrowingBorrowing and (ii) in the case of any Borrowing in any Alternative Currency, the requested Borrowing shall be a Eurodollar Borrowing with an Interest Period of one month’s duration. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this SectionSection 2.03, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the pro rata amount and currency of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 2 contracts

Sources: First Lien Credit Agreement (SolarWinds Corp), First Lien Credit Agreement (SolarWinds Corp)

Borrowing Procedure. To request a Revolving Borrowing or Term BorrowingLoans, Borrower shall deliver, by hand delivery, telecopier delivery or electronic mail (in pdf form and then followed by the original via overnight mail)telecopier, a duly completed and executed Borrowing Request to the Administrative Agent (i) in the case of a Eurodollar BorrowingLoans, not later than 2:00 p.m.11:00 a.m., New York City time, three (3) Business Days before the date of the proposed Borrowing or (ii) in the case of an ABR BorrowingLoans, not later than 11:00 10:00 a.m., New York City time, on the date of 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 and shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Borrowing aggregate amount of Revolving Loans or Term Loanssuch borrowing; (b) the aggregate amount of such Borrowing; (c) the date of such Borrowingborrowing, which shall be a Business Day; (dc) whether such Borrowing borrowing is to be an for ABR Borrowing Loans or a Eurodollar BorrowingLoans; (ed) in the case of a Eurodollar BorrowingLoans, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (fe) the location (which shall be an account in the United States) and number of Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.02(c); and (gf) that the conditions set forth in Sections 4.02(b)-(d4.02(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, then the requested Borrowing borrowing shall be an for ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then Borrower shall be deemed to have selected an Interest Period of one month’s durationLoans. Promptly following receipt of a Borrowing Request in accordance with this SectionSection 2.03, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’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. To request a Revolving Borrowing or Term Borrowing, Borrower shall deliver, by hand delivery, telecopier delivery or electronic mail (in pdf form and then followed by the original via overnight mail)telecopier, a duly completed and executed Borrowing Request to the Administrative Agent (i) in the case of a Eurodollar LIBOR Borrowing, not later than 2:00 p.m.11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing or (ii) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Each Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Additional Term Loans; (b) the aggregate amount of such Borrowing; (c) the date of such Borrowing, which shall be a Business Day; (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar LIBOR Borrowing; (e) in the case of a Eurodollar LIBOR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (f) the location (which shall be an account in the United States) and number of Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.02(c); and (g) that the conditions set forth in Sections 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, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar LIBOR Borrowing, then Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 2 contracts

Sources: Credit Agreement (Navisite Inc), Credit Agreement (Navisite Inc)

Borrowing Procedure. To request a Revolving Borrowing or Term BorrowingLoans, the Borrower shall deliver, by hand delivery, telecopier telecopier, email attachment or other electronic mail (in pdf form and then followed by means acceptable to the original via overnight mail)Administrative Agent, a duly completed and executed Borrowing Request to the Administrative Agent (i) in the case of a Eurodollar BorrowingLoans in dollars, not later than 2:00 12:00 p.m., New York City time, three Business Days before the date of the proposed Eurodollar Borrowing or (ii) in the case of an ABR BorrowingLoans, not later than 11:00 a.m.12:00 p.m., New York City time, on one Business Day prior to the date of the proposed ABR Borrowing. Each Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Borrowing aggregate amount of Revolving Loans or Term Loanssuch borrowing; (b) the aggregate amount of such Borrowing; (c) the date of such Borrowingborrowing, which shall be a Business Day; (dc) whether such Borrowing borrowing is to be an for ABR Borrowing Loans or a Eurodollar BorrowingLoans; (ed) in the case of a Eurodollar BorrowingLoans, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (fe) the location (which shall be an account in the United States) and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.02(c); and (gf) that the conditions set forth in Sections 4.02(b)-(d4.02(b)—(f) have been satisfied as of the date of the notice. If no election as to the Type of Borrowing Loans is specified, then the requested Borrowing borrowing shall be an for ABR BorrowingLoans. If no Interest Period is specified with respect to any requested Eurodollar BorrowingLoan, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 2 contracts

Sources: Revolving Credit and Guaranty Agreement (Philadelphia Energy Solutions Inc.), Revolving Credit and Guaranty Agreement (Philadelphia Energy Solutions Inc.)

Borrowing Procedure. (a) To request a Revolving Borrowing or Term BorrowingLoans, the Administrative Borrower shall deliver, by hand delivery, delivery or telecopier (or electronic mail (in pdf form and then followed by the original via overnight e-mail), a duly completed and executed Borrowing Request to the Administrative Agent (i) in the case of a Eurodollar Borrowing, not later than 2:00 p.m., New York City time, three Business Days before the date of the proposed Borrowing or (ii) in the case of an ABR BorrowingRevolving Loans, not later than 11:00 a.m., New York City time, on three (3) Business Days before the date of the proposed Borrowing; (ii) in the case of Euro Denominated Loans, not later than 11:00 a.m., New York City time, four (4) Business Days before the date of the proposed Borrowing; or (iii) in the case of ABR Loans, not later than 11:00 a.m., New York City time, one (1) Business Day before the date of the proposed Borrowing; provided that for Loans to be made on the Closing Date, such Borrowing Request may be delivered to the Administrative Agent one Business Day prior to the Closing Date. Each Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.02: (ai) whether the requested Borrowing borrowing is to be a Borrowing borrowing of U.S. Revolving Loans, Australian Revolving Loans or Term Dutch Revolving Loans; (bii) the aggregate principal amount of such Borrowingborrowing; (ciii) the date of such Borrowingborrowing, which shall be a Business Day; (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (eiv) in the case of a Dollar Denominated Loans, whether such borrowing is to be for ABR Loans or Eurodollar BorrowingRevolving Loans; (v) in the case of Eurodollar Revolving Loans, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (fvi) the Borrower requesting such borrowing and the location (which shall be an account in the United States) and number of such Borrower’s account to which funds are to be disbursed; and, which shall comply with the requirements of Section 2.02(c); (gvii) that the conditions set forth in Sections 4.02(b)-(d) have been or shall be satisfied as of the proposed date of the noticeborrowing, as applicable; and (viii) the Approved Currency for such borrowing. If no election as to the Type of Borrowing Loans is specified, then the requested Borrowing borrowing shall be an for ABR BorrowingLoans in dollars. If no Interest Period is specified with respect to any requested Eurodollar BorrowingRevolving Loan, then the Administrative Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this SectionSection 2.03, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 2 contracts

Sources: Revolving Syndicated Facility Agreement (Tronox LTD), Revolving Syndicated Facility Agreement (Tronox LTD)

Borrowing Procedure. To request a Revolving Borrowing or Term Borrowingon the Effective Date, the Borrower shall deliver, by hand delivery, telecopier or electronic mail (in pdf form and then followed by the original via overnight mail), a duly completed and executed Borrowing Request to notify the Administrative Agent (i) in the case of a Eurodollar Borrowing, such request by telephone not later than 2:00 p.m., New York City time, three Business Days before the date of the proposed Borrowing or (ii) in the case of an ABR Borrowing, not later than 11:00 10:30 a.m., New York City time, on the date of the proposed BorrowingEffective Date. Each Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term Loans; (bi) the aggregate amount of such the requested Borrowing; (cii) the date of such Borrowingproposed Effective Date, which shall be a Business Day; (diii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (eiv) 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 (fv) the location (which shall be an account in the United States) and number of the Borrower’s account to which funds are to be disbursed; and (g) that , which shall comply with the conditions set forth in Sections 4.02(b)-(d) have been satisfied as requirements of the date of the noticeSection 2.04. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 2 contracts

Sources: Third Lien Credit Agreement (Goodyear Tire & Rubber Co /Oh/), Second Lien Credit Agreement (Goodyear Tire & Rubber Co /Oh/)

Borrowing Procedure. To request a Revolving the Borrowing or Term Borrowingon the Closing Date, the Borrower shall deliver, by hand delivery, telecopier facsimile or other electronic mail transmission if arrangements for doing so have been approved in writing (in pdf form and then followed including via email) by the original via overnight mail)Administrative Agent, a duly completed and executed Borrowing Request to the Administrative Agent (i) in the case of a Eurodollar BorrowingAgent, not later than 2:00 12:00 p.m., New York City time, three (1) one Business Days Day before the date of the proposed Borrowing or (ii) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Each Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such Borrowing; (cb) the date of such Borrowing, which shall be a Business Day; (dc) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (ed) 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 (fe) the location (which shall be an account in the United States) and number of Borrower’s the account to which funds are to be disbursed; and (g) that the conditions set forth in Sections 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, then the requested Borrowing shall be a Eurodollar Borrowing with an ABR BorrowingInterest Period of one month’s duration. If no the Borrower requests a Eurodollar Borrowing but fails to specify an Interest Period is specified with respect to any requested Eurodollar BorrowingPeriod, then the Borrower shall will be deemed to have selected specified an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this SectionSection 2.03, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 2 contracts

Sources: Credit Agreement (Par Technology Corp), Credit Agreement (2U, Inc.)

Borrowing Procedure. To In order to request a Revolving Borrowing or Term Borrowing, the Borrower shall deliver, notify the Paying Agent of such request by hand delivery, telecopier or electronic mail telephone (in pdf form and then followed by the original via overnight mail), a duly completed and executed Borrowing Request to the Administrative Agent (ia) in the case of a Eurodollar Borrowing, not later than 2:00 p.m.10:30 a.m., New York City time, three Business Days before the date of the a proposed Borrowing or and (iib) in the case of an ABR Borrowing, not later than 11:00 10:30 a.m., New York City time, on the date day of the a proposed Borrowing. Each Borrowing Request such telephonic borrowing request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Paying Agent of a written Borrowing Request in the form of Exhibit A. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (ai) whether the Borrowing then being requested Borrowing is to be a Eurodollar Borrowing of Revolving Loans or Term Loans; an ABR Borrowing; (b) the aggregate amount of such Borrowing; (cii) the date of such Borrowing, Borrowing (which shall be a Business Day; ) and the amount thereof; and (diii) whether if such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable with respect thereto, which shall be a period contemplated by not end after the definition of the term “Interest Period”; (f) the location (which shall be an account in the United States) and number of Borrower’s account to which funds are to be disbursed; and (g) that the conditions set forth in Sections 4.02(b)-(d) have been satisfied as of the date of the noticeTermination Date. If no election as to the Type of Borrowing is specifiedspecified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar BorrowingBorrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Promptly following receipt Notwithstanding any other provision of a Borrowing Request in accordance with this SectionAgreement to the contrary, the Administrative Borrower shall not be entitled to request any Borrowing if the Interest Period requested with respect to such Borrowing would end after the Termination Date. The Paying Agent shall promptly advise each Lender the Lenders of the details thereof any notice given pursuant to this Section 2.04 and of the amount of such each Lender’s Loan to be made as part 's portion of the requested Borrowing.

Appears in 2 contracts

Sources: 364 Day Revolving Credit Facility Agreement (At&t Corp), Credit Agreement (At&t Corp)

Borrowing Procedure. To request a Revolving Borrowing or Term Borrowing, Borrower shall deliver, by hand delivery, telecopier or electronic mail (in pdf form and then followed by the original via overnight mail), a duly completed and executed Borrowing Request to the give Administrative Agent (i) in the case notice of a Eurodollar Borrowing, not later than 2:00 p.m., New York City time, three Business Days before the date of the proposed each Borrowing or (ii) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Each Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such Borrowing; (c) the date of such Borrowing, which shall be a Business Day; (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) 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”; (f) the location (which shall be an account in the United States) and number of Borrower’s account to which funds are to be disbursed; and (g) that the conditions set forth in Sections 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, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt means of a Borrowing Request in accordance with this Section, Form containing the information required therein and delivered (by hand or by mechanically confirmed facsimile) to Administrative Agent no later than 5:00 p.m. (New York, NY time) on the day prior to which the Borrowing is desired to be funded. Each Borrowing shall advise each Lender be in an amount no less than $[***] up to the Maximum Facility Amount less outstanding Borrowings. Administrative Agent at its option may accept telephonic requests for such Borrowings, provided that such acceptance shall not constitute a waiver of Administrative Agent’s right to require delivery of a Borrowing Request Form in connection with subsequent Borrowings. Any telephonic request for a Borrowing by Borrower shall be promptly confirmed by submission of a properly completed Borrowing Request Form to Administrative Agents, but failure to deliver a Borrowing Request Form shall not be a defense to payment of the details thereof Borrowing. No Lender shall have liability to Borrower for any loss or damage suffered by ▇▇▇▇▇▇▇▇ as a result of ▇▇▇▇▇▇▇’ honoring of any requests, execution of any instructions, authorizations or agreements or reliance on any reports communicated to it telephonically, by facsimile or electronically and purporting to have been sent to Administrative Agent by ▇▇▇▇▇▇▇▇ and Lenders shall have no duty to verify the origin of any such communication or the identity or authority of the amount Person sending it. Subject to the terms and conditions of such Lender’s Loan to this Agreement, each Borrowing shall be made as part available to Borrower by depositing the same, in immediately available funds, in an account of Borrower designated by ▇▇▇▇▇▇▇▇ maintained with Administrative Agent at the Principal Office. If, after giving effect to a requested Borrowing, there is a Borrowing Base Deficiency, or if Administrative Agent determines (either then or on any later day in the course of reviewing the same) that the Borrowing Request Form submitted to it is incomplete or incorrect in any material respect, then Lenders shall withhold the entire Borrowing until Borrower shall have demonstrated to Administrative Agent’s reasonable satisfaction that such Borrowing Request Form is in fact not (or is no longer) incomplete or incorrect in any material respect.

Appears in 2 contracts

Sources: Credit and Security Agreement (loanDepot, Inc.), Credit and Security Agreement (loanDepot, Inc.)

Borrowing Procedure. To request a Revolving Borrowing or Term Borrowing, Borrower shall deliver, by hand deliverydelivery or telecopy (or transmit by other electronic transmission, telecopier or electronic mail (if arrangements for doing so have been approved in pdf form and then followed writing by the original via overnight mailAdministrative Agent), a duly completed and executed Borrowing Request to the Administrative Agent (i) in the case of a Eurodollar Borrowing, not later than 2:00 p.m.11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing (except that in the case of proposed Eurodollar Borrowings on the Closing Date, such Borrowing Request may be delivered not later than 9:00 a.m., New York City time, on the Closing Date) or (ii) in the case of an ABR Borrowing, not later than 11:00 9:00 a.m., New York City time, on the date of the proposed Borrowing. Each Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such Borrowing; (c) the date of such Borrowing, which shall be a Business Day; (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) 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”; (f) the location (which shall be an account in the United States) and number of Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.02(c); and (g) that the conditions set forth in Sections 4.02(b)-(d) have been are satisfied as of the date of the notice. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Revolving Borrowing, then Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this SectionSection 2.03, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Biglari Holdings Inc.)

Borrowing Procedure. To request a Revolving Borrowing or Term Borrowing, Borrower shall delivernotify the Administrative Agent by delivering, by hand delivery, telecopier or electronic mail (in pdf form and then followed by the original via overnight mailor similar means of electronic delivery), a duly completed and executed Borrowing Request to the Administrative Agent (i) in the case of a Eurodollar Borrowing, not later than 2:00 p.m., New York City time, three Business Days before the date Borrowing comprised of the proposed Borrowing or (ii) in the case of an ABR BorrowingSOFR Loans, not later than 11:00 a.m., New York City time, three U.S. Government Securities Business Days prior to the requested date of the proposed Borrowing or in the case of a Borrowing comprised of ABR Loans, not later than 11:00 a.m., New York time, on the requested date of the proposed Borrowing. Each Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Borrowing aggregate amount of such Revolving Loans or Term LoansBorrowing; (b) the aggregate amount of such Borrowing; (c) the requested date of such Revolving Borrowing, which shall be a Business Day; (dc) whether such Revolving Borrowing is to be an for ABR Borrowing Loans or a Eurodollar BorrowingSOFR Loans; (ed) in the case of a Eurodollar BorrowingSOFR Loans, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (fe) the location (which shall be an account in the United States) and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.02(d); and (gf) that the conditions set forth in Sections 4.02(b)-(d4.02(b)-(g) as applicable, have been satisfied as of the date of the noticeBorrowing Request. If no election as to the denomination or Type of Borrowing Loans is specified, then the requested Revolving Borrowing shall be deemed to be for SOFR Loans with an ABR BorrowingInterest Period of one month’s duration. If no Interest Period is specified with respect to any requested Eurodollar BorrowingSOFR Loan, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request Request, in accordance with this SectionSection 2.03, the Administrative Agent shall advise each Lender the Lenders of the details thereof and of the amount of such Lender’s Loan Pro Rata Percentage of the Loans to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Nabors Industries LTD)

Borrowing Procedure. To request a Revolving Borrowing or Term Borrowingto be made on the Restatement Date, the Borrower shall deliver, by hand delivery, telecopier or electronic mail (in pdf form and then followed by the original via overnight mail), a duly completed and executed Borrowing Request to notify the Administrative Agent of such request by telephone or email of scanned electronic format of a Borrowing Request (ipromptly followed by telephonic confirmation of such request) (a) in the case of a Eurodollar Borrowing, not later than 2:00 3:00 p.m., New York City time, three Business Days before the date of the proposed Borrowing Restatement Date or (iib) in the case of an ABR Borrowing, not later than 11:00 10:30 a.m., New York City time, on the date of the proposed BorrowingRestatement Date. Each Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery, telecopy or email of scanned electronic format to the Administrative Agent of a written Borrowing Request signed by the Borrower. Such Borrowing Request shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term Loans; (bi) the aggregate amount of such the requested Borrowing; (cii) the date of such Borrowingproposed Restatement Date, which shall be a Business Day; (diii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (eiv) 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 (fv) the location (which shall be an account in the United States) and number of the Borrower’s account to which funds are to be disbursed; and (g) that , which shall comply with the conditions set forth in Sections 4.02(b)-(d) have been satisfied as requirements of the date of the noticeSection 2.04. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’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. To In order to request a Revolving Borrowing or Term the Borrowing, the Borrower shall deliver, by hand delivery, telecopier or electronic mail (in pdf form and then followed by the original via overnight mail), a duly completed and executed Borrowing Request to notify the Administrative Agent of such request by telephone (ia) in the case of a Eurodollar Borrowing, not later than 2:00 p.m., New York City time, three Business Days before the date of the proposed Borrowing or (ii) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on three Business Days before the date proposed Borrowing, and (b) in the case of an ABR Borrowing, not later than 12:00 noon, New York City time, one Business Day before the proposed Borrowing. Each A telephonic Borrowing Request shall be irrevocable irrevocable, and shall be confirmed promptly by hand delivery or fax to the Administrative Agent of a written Borrowing Request and shall specify the following information in compliance with Section 2.02: information: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such Borrowing; (c) the date of such Borrowing, which shall be a Business Day; (di) whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by Business Day); (iii) the definition number and location of the term “Interest Period”; (f) the location (which shall be an account in the United States) and number of Borrower’s account to which funds are to be disbursed; and (giv) that the conditions set forth in Sections 4.02(b)-(damount of such Borrowing; and (v) have been satisfied as of if such Borrowing is to be a Eurodollar Borrowing, the date of the noticeInterest Period with respect thereto. If no election as to the Type of Borrowing is specifiedspecified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar BorrowingBorrowing is specified in such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the The Administrative Agent shall promptly advise each Lender the applicable Lenders of any notice given pursuant to this Section 2.03 (and the details thereof contents thereof), and of the amount of such each Lender’s Loan to be made as part portion of the requested Borrowing.

Appears in 1 contract

Sources: Second Lien Credit Agreement (Weight Watchers International Inc)

Borrowing Procedure. To request a Revolving Borrowing or Term BorrowingWhen Borrower desires to incur the Loans hereunder, Borrower shall deliver, by hand delivery, telecopier e-mail or electronic mail (in pdf form and then followed by the original via overnight mail)telecopier, a duly completed and executed Borrowing Request to the Administrative Agent (i) in the case of a Eurodollar Borrowing, not later than 2:00 p.m.11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing or (ii) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Each Such Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such Borrowing; (cb) the date of such Borrowing, which shall be a Business Day; (dc) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (ed) 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 (fe) the location (which shall be an account in the United States) and number of Borrower’s account to which funds are to be disbursed; and (g) that the conditions set forth in Sections 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, then the requested Borrowing shall be deemed to be a Eurodollar Borrowing, and Borrower shall be deemed to have selected an ABR BorrowingInterest Period of three months’ duration. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then Borrower shall be deemed to have selected an Interest Period of one month’s three months’ duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Hercules Offshore, Inc.)

Borrowing Procedure. To request a Revolving Borrowing or Term Borrowing, Borrower shall deliver, by hand delivery, telecopier delivery or facsimile (or other electronic mail (in pdf form and then followed by the original via overnight mailtransmission), a duly completed and executed Borrowing Request to the Administrative Agent (i) in the case of a Eurodollar Borrowing, not later than 2:00 1:00 p.m., New York City time, three Business Days before the date of the proposed Borrowing or (ii) in the case of an ABR Borrowing, not later than 11:00 a.m.1:00 p.m., New York City time, on one Business Day before the date of the proposed Borrowing. Each Borrowing Request for a Revolving Loan or a Term Loan shall be irrevocable and shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term Loans; (b) the aggregate principal amount of such Borrowing; (c) the date of such Borrowing, which shall be a Business Day; (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) 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”; (f) the location (which shall be an account in the United States) and number of Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.02(c); and (g) that the conditions set forth in Sections 4.02(b)-(d4.02(b) have been and (c) are satisfied as of the date of the notice. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be a Eurodollar Borrowing with an Interest Period of one month; provided, however, each Swingline Loan shall be an ABR BorrowingLoan. If no Interest Period is specified with respect to any requested Eurodollar Revolving Borrowing, then Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this SectionSection 2.03, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Internap Network Services Corp)

Borrowing Procedure. To request a Revolving Borrowing or Term Borrowing, (a) Borrower shall deliver, by hand delivery, telecopier or electronic mail (in pdf form notify and then followed by the original via overnight mail), submit a duly completed and executed Borrowing Request to the Administrative Agent (i) in the case of a Eurodollar Borrowing, writing not later than 2:00 p.m., 10:00 AM (New York City time, three ) five (5) Business Days before each requested Borrowing, specifying the date amount of the Revolving Loan to be made. Such Borrowing Request shall be certified by a Financial Officer (or such other authorized Person as Borrower directs from time to time) of Borrower. Each Borrowing Request required hereunder (i) shall be irrevocable, (ii) shall specify the amount of the proposed Borrowing or of Revolving Loans, (iiiii) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Each Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.02: (a) whether the requested proposed Borrowing is to be a Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such Borrowing; (c) the date of such Borrowingdate, which shall be a Business Day;Permitted Borrowing Date and (iv) shall specify wire transfer instructions in accordance with such Borrowing shall be funded. (b) [Reserved]. (c) Borrower shall be entitled to deliver only two (2) Borrowing Requests during each calendar month. Notwithstanding anything to the contrary herein, for purposes of clarification, it is hereby agreed that during each calendar month there shall be only, and the Borrower shall not be entitled to specify more than, two (2) Permitted Borrowing Dates. (d) whether Administrative Agent shall give to each applicable Lender with a Commitment prompt notice on the date of Administrative Agent’s receipt of written notice from Borrower of each Borrowing Request. On the date on which a Borrowing is requested to be made pursuant to the applicable Notice of Borrowing, each applicable Lender will make available to Administrative Agent at the address of Administrative Agent set forth in Section 9.01, in immediately available funds, its Applicable Commitment Percentage of such Borrowing is requested to be an ABR Borrowing or a Eurodollar Borrowing; (e) made and, subject to the terms and conditions of this Agreement and in reliance upon the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition representations and warranties of the term “Interest Period”; (f) Loan Parties contained herein, each Lender holding a Commitment shall make its pro rata share of the location (which shall be an account proposed Revolving Loans on the applicable Permitted Borrowing Date in immediately available funds in accordance with the United States) and number terms of Borrower’s account to which funds are to be disbursed; and (g) that such Borrowing Request. Upon fulfillment of the conditions set forth in Sections 4.02(b)-(dclauses (i) and (ii) of Section 2.01 and Article IV for such Borrowing, such funds as have been satisfied as of requested by the date of the notice. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request disbursed in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested BorrowingBorrowing Request.

Appears in 1 contract

Sources: Revolving Credit Agreement (CCF Holdings LLC)

Borrowing Procedure. To In order to request a Revolving Borrowing (other than a deemed Borrowing pursuant to Section 2.01(a) or Term BorrowingSection 2.02(f), Borrower as to which this Section 2.03 shall deliver, by hand delivery, telecopier or electronic mail (in pdf form and then followed by the original via overnight mailnot apply), a duly completed and executed Borrowing Request Borrower shall notify the Administrative Agent by telephone (promptly confirmed by electronic communication) or shall hand deliver or send by electronic communication to the Administrative Agent a duly completed Borrowing Request (ia) in the case of a Eurodollar Term SOFR Borrowing or a Term C▇▇▇▇ Borrowing, not later than 2:00 1:00 p.m., New York City time, three Business Days (or such later time as the Administrative Agent may reasonably agree), before a proposed Borrowing (or, in the date case of a Borrowing on the Eighth Amendment Effective Date, prior to 1:00 p.m. New York City time on the Business Day immediately preceding the proposed Borrowing (or such later time as the Administrative Agent may reasonably agree)), (iib) in the case of an ABR Borrowing or a Daily Simple SOFR Borrowing, not later than 1:00 p.m., New York City time, on the date of a proposed Borrowing (or such later time as the Administrative Agent may reasonably agree) and (c) in the case of a Canadian Base Rate Borrowing, not later than 11:00 a.m., New York City time, on one Business Day before a proposed Borrowing (or such later time as the date of Administrative Agent may reasonably agree). Subject to the proposed Borrowing. Each second proviso below, each Borrowing Request shall be irrevocable irrevocable, shall be signed by or on behalf of a Borrower and shall specify the following information in compliance with Section 2.02: information: (ai) whether the Borrowing then being requested is to be a Term Borrowing or a Revolving Borrowing, and whether such Borrowing is to be a Term SOFR Borrowing, Daily Simple SOFR Borrowing, an ABR Borrowing, a Canadian Base Rate Borrowing or a Term C▇▇▇▇ Borrowing; provided, however, that, (x) each Term Borrowing shall be either a Term SOFR Borrowing or an ABR Borrowing and (y) Daily Simple SOFR Borrowings may only be requested with respect to Borrowings of Revolving Loans or Term other than Tranche A Revolving Loans; ; (b) the aggregate amount of such Borrowing; (cii) the date of such Borrowing, Borrowing (which shall be a Business Day; ); (diii) whether the Borrower of such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, (iv) the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition number and location of the term “Interest Period”; (f) the location (which shall be an account in the United States) and number of Borrower’s account to which funds are to be disbursed; and (gv) the amount of such Borrowing; (vi) for Revolving Loans, the currency of such Borrowing (provided that, each ABR Borrowing shall be denominated in dollars), and (vii) if such Borrowing is to be a Term SOFR Borrowing or a Term C▇▇▇▇ Borrowing, the initial Interest Period with respect thereto and the Class of Loans to which such initial Interest Period will apply; provided, further, that, a Borrowing Request may state that such Borrowing Request is conditioned upon the conditions consummation of any transaction or other event so specified, in which case such Borrowing Request may be revoked (or the borrowing date extended) by a Borrower (by notice to the Administrative Agent on or prior to the specified effective date) if such condition is not satisfied, in any case, without premium, penalty or any other cost whatsoever; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Sections 4.02(b)-(d) have been satisfied as of the date of the noticeSection 2.02. If no election as to the Type of Borrowing is specifiedspecified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period currency is specified with respect to any the requested Eurodollar Borrowing, then the applicable Borrower shall be deemed to have selected dollars. If no Interest Period with respect to any Term SOFR Borrowing or Term C▇▇▇▇ 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. Promptly following receipt The Administrative Agent shall promptly advise the applicable Lenders of a Borrowing Request any notice given in accordance with this SectionSection 2.03 (and the contents thereof), the Administrative Agent shall advise each Lender of the details thereof and of the amount of such each Lender’s Loan to be made as part portion of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (NRG Energy, Inc.)

Borrowing Procedure. To request a Revolving Borrowing or Term Borrowing, Borrower shall deliver, by hand delivery, telecopier delivery or electronic mail (in pdf form and then followed by the original via overnight mail)telecopier, a duly completed and executed Borrowing Request to the Administrative Agent (i) in the case of a Eurodollar BorrowingBorrowing in dollars, not later than 2:00 p.m.11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing or (ii) in the case of an ABR Borrowing, not later than 11:00 9:00 a.m., New York City time, on the date of the proposed Borrowing. Each Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such Borrowing; (c) the date of such Borrowing, which shall be a Business Day; (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) 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"; (f) the location (which shall be an account in the United States) and number of Borrower’s 's account to which funds are to be disbursed, which shall comply with the requirements of Section 2.02(c); and (g) that the conditions set forth in Sections 4.02(b)-(d4.02(b) - (d) have been satisfied as of the date of the notice. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s 's Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (SFBC International Inc)

Borrowing Procedure. To In order to request a Revolving Borrowing or Term Borrowing(other than a Swingline Loan, Borrower as to which this Section 2.03 shall deliver, by hand delivery, telecopier or electronic mail (in pdf form and then followed by the original via overnight mailnot apply), a duly completed and executed Borrowing Request Borrower shall hand deliver or telecopy to the Administrative Agent (i) a duly completed Borrowing Request in the case form of a Eurodollar Borrowing, not later than 2:00 p.m., New York City time, three Business Days before the date of the proposed Borrowing or Exhibit A (iia) in the case of an ABR Alternative Currency Borrowing and in the case of a LIBOR Borrowing, not later than 11:00 a.m., New York City time (or, if the Borrowing Request is delivered or telecopied to the Administrative Agent in London, 10:00 a.m., London time), three Business Days before a proposed Borrowing and (b) in the case of an ABR Borrowing denominated in Dollars, not later than 12:00 noon, New York City time, one Business Day before a proposed Borrowing; provided, however, that Borrowing Requests with respect to Borrowings to be made on the date Effective Date may, at the discretion of the proposed BorrowingAdministrative Agent, be delivered later than the times specified above. Each Borrowing Request shall be irrevocable and shall specify (i) the following information in compliance with Section 2.02: Borrower requesting such Borrowing (aand be signed by or on behalf of such Borrower); (ii) whether the requested if such Borrowing is to be a Borrowing of Revolving Loans or Term Loans; (b) made on the aggregate amount of such Borrowing; (c) the date of such BorrowingEffective Date, which shall be a Business Day; (d) whether such Borrowing is to be an ABR a Term Borrowing, a Periodic Access Borrowing, a U.S. $ Revolving Credit Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Multi-Currency Revolving Credit Borrowing, the initial Interest Period or if such Borrowing is to be applicable theretomade after the Effective Date, which shall whether such Borrowing is to be a period contemplated by Periodic Access Borrowing, a U.S. $ Revolving Credit Borrowing or a Multi- Currency Revolving Credit Borrowing; (iii)-whether the definition Borrowing then being requested is to be a LIBOR Borrowing or an ABR Borrowing; (iv) the number and location of the term “Interest Period”; (f) the location (which shall be an account in the United States) and number of Borrower’s account to which funds are to be disburseddisbursed (which shall be an account that complies with the requirements of Section 2.02(c) and, in the case of a Borrowing denominated in Dollars, shall be at an office of the Administrative Agent in New York City or London); (v) the date of such Borrowing (which shall be a Business Day and , in the case of a Periodic Access Borrowing to be made after the Effective Date, shall be within a Periodic Access Availability Period); (gvi) that the conditions amount of such Borrowing (which shall be expressed in Dollars, regardless of whether such Borrowing is an Alternative Currency Borrowing); (vii) the currency of such Borrowing (which shall be Dollars, in the case of the Term Borrowing and any U.S. $ Revolving Credit Borrowing or ABR Borrowing, and otherwise shall be Dollars or an Alternative Currency); and (viii) if such Borrowing is to be a LIBOR 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 Sections 4.02(b)-(d) have been satisfied Section 2.02. If no election as to the currency of Borrowing is specified in any such notice, then the date of the noticerequested Borrowing shall be denominated in Dollars. If no election as to the Type of Borrowing is specifiedspecified in any such notice, then the requested Borrowing shall be an ABR BorrowingBorrowing if denominated in Dollars or a LIBOR Borrowing if denominated in an Alternative Currency. If no Interest Period is specified with respect to any requested Eurodollar BorrowingLIBOR Borrowing is specified in any such notice, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Promptly following receipt The Administrative Agent shall promptly (and in any event on the same day that the Administrative Agent receives such notice, if received by 11:00 a.m., New York City time, on such day) advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), of each Lender's portion of the requested Borrowing and, in the case of an Alternative Currency Borrowing, of the Alternative Currency Equivalent of the Dollar amount specified in the applicable Borrowing Request and the Spot Exchange Rate utilized to determine such Alternative Currency Equivalent. If a Borrower in respect of an outstanding Revolving Credit Borrowing shall not have delivered a Borrowing Request in accordance with this SectionSection 2.03 prior to the end of the Interest Period then in effect for such Borrowing and requesting that such Borrowing be refinanced, then such Borrower shall (unless such Borrower has notified the Administrative Agent Agent, not fewer than three Business Days prior to the end of such Interest Period, that such Borrowing is to be repaid at the end of such Interest Period) be deemed to have delivered a Borrowing Request requesting that such Borrowing be refinanced with a new Revolving Credit Borrowing of equivalent amount in the same currency, and such new Borrowing shall advise each Lender be an ABR Borrowing if denominated in Dollars or a LIBOR Borrowing with an Interest Period of one month's duration if denominated in an Alternative Currency. The sum of (a) the aggregate principal amount of Borrowings by the EEIG Borrower, plus (b) the Aggregate L/C Exposure under Letters of Credit issued at the request of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested BorrowingEEIG Borrower, at any one time outstanding, shall not exceed $575,000,000.

Appears in 1 contract

Sources: Credit Agreement (American Standard Companies Inc)

Borrowing Procedure. To request a Revolving Borrowing or Term Borrowing, Borrower shall deliver, by hand delivery, telecopier delivery or electronic mail (in pdf form and then followed by the original via overnight mail)telecopier, a duly completed and executed Borrowing Request to the Administrative Agent (i) in the case of a Eurodollar Borrowing, not later than 2:00 p.m.11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing Borrowing, or (ii) in the case of an ABR Borrowing, not later than 11:00 9:00 a.m., New York City time, on the date of the proposed Borrowing. Each Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term Loans[Reserved]; (b) the aggregate amount of such Borrowing; (c) the date of such Borrowing, which shall be a Business Day; (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) 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”; (f) the location (which shall be an account in the United States) and number of Borrower’s account to which funds are to be disbursed; and (g) that the conditions set forth in Sections 4.02(b)-(d4.02(b) through (d) have been satisfied as of the date of the notice. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be deemed to be a Eurodollar Borrowing, and Borrower shall be deemed to have selected an ABR BorrowingInterest Period of three month’s duration. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then Borrower shall be deemed to have selected an Interest Period of one three month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Hercules Offshore, Inc.)

Borrowing Procedure. To request a Borrowing under the Revolving Borrowing Credit Facility or Delayed Draw Term BorrowingLoan Facility, the Relevant Borrower shall deliver, by hand delivery, telecopier or electronic mail (in pdf form and then followed by the original via overnight mail), a duly completed and executed Borrowing Request to notify the Administrative Agent of such request by telecopy or electronic transmission (i) in the case of a Eurodollar BorrowingBorrowing of LIBOR Rate Loans, not later than 2:00 12:00 p.m., New York City time, three (3) Business Days before the date of the proposed Borrowing or and (ii) in the case of an ABR Borrowinga Borrowing of Base Rate Loans, not later than 11:00 a.m.12:00 p.m., New York City time, on one Business Day before the date of the proposed Borrowing. Each Borrowing Request Notwithstanding the foregoing, all Borrowings on the Closing Date shall be irrevocable Borrowings of Base Rate Loans, unless the Administrative Agent shall have received a satisfactory funding indemnity letter and advance written notice pursuant to the terms of this Section 2.03. Each such written Notice of Borrowing shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such Borrowing; (cb) the date of such Borrowing, which shall be a Business Day; (dc) whether such Borrowing is to be an ABR a Borrowing of Base Rate Loans or a Eurodollar BorrowingBorrowing of LIBOR Rate Loans; (ed) in the case of a Eurodollar BorrowingBorrowing of LIBOR Rate Loans, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (fe) the location (which shall be an account in the United States) and number of Borrower’s the account to which funds are to be disbursed; (f) the Facility under which the Loans are to be borrowed; (g) in the case of a Delayed Draw Term Loan Borrowing, the maturity date of such Delayed Draw Term Loans, which shall be six, seven, eight, nine or ten years from the date of such Borrowing; and (gh) that the conditions set forth in Sections 4.02(b)-(d) have been Section 6 or Section 7, as applicable, are satisfied or waived as of the date of the notice. If no election as to the Type of Borrowing is specified, 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 Eurodollar BorrowingBorrowing of LIBOR Rate Loans, then the Relevant Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Notice of Borrowing Request in accordance with this SectionSection 2.03, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Resolute Forest Products Inc.)

Borrowing Procedure. To request a Revolving Borrowing or Term Borrowing, Borrower shall deliver, by hand delivery, telecopier delivery or electronic mail (in pdf form and then followed by the original via overnight mail)telecopy, a duly completed and executed Borrowing Request to the Administrative Agent (i) in the case of a Eurodollar Borrowing, not later than 2:00 p.m.11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing or (ii) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Each Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such Borrowing; (cb) the date of such Borrowing, which shall be a Business Day; (dc) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (ed) 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”; (fe) the location (which shall be an account in the United States) and number of Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.02; and (gf) that the conditions set forth in Sections 4.02(b)-(d4.02(b)-(e) have been are satisfied as of the date of the notice. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Revolving Borrowing, then Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Norcraft Companies Lp)

Borrowing Procedure. To request a Revolving Borrowing or Term BorrowingCredit Extension, Borrower shall deliver, by hand delivery, telecopier delivery or electronic mail (in pdf form and then followed by the original via overnight mail)facsimile, a duly completed and executed Borrowing Request to the Administrative Agent (i) in the case of a Eurodollar Borrowing, not later than 2:00 12:00 p.m., New York City time, three Business Days before the date of the proposed Borrowing or (ii) in the case of an ABR Borrowing, not later than 11:00 a.m.12:00 p.m., New York City time, on one Business Day before the date of the proposed Borrowing. Each Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.02: (a) the aggregate amount of such Borrowing and whether the requested Borrowing it is to be a Borrowing of Revolving for Tranche B Loans or Term Other Loans; (b) the aggregate amount of such Borrowing; (c) the date of such Borrowing, which shall be a Business Day; (dc) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (ed) 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 (fe) the location (which shall be an account in the United States) and number of Borrower’s account to which funds are to be disbursed; and (g) that , which shall comply with the conditions set forth in Sections 4.02(b)-(d) have been satisfied as requirements of the date of the noticeSection 2.02(c). If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Revel Entertainment Group, LLC)

Borrowing Procedure. To request a Revolving Borrowing or Term Borrowing, Borrower shall delivernotify the Administrative Agent by delivering, by hand delivery, telecopier or electronic mail (in pdf form and then followed by the original via overnight mailor similar means of electronic delivery), a duly completed and executed Borrowing Request to the Administrative Agent (i) in the case of a Eurodollar Borrowing, not later than 2:00 p.m., New York City time, three Business Days before the date Borrowing comprised of the proposed Borrowing or (ii) in the case of an ABR BorrowingSOFR Loans, not later than 11:00 a.m., New York City time, three U.S. Government Securities Business Days prior to the requested date of the proposed Borrowing or in the case of a Borrowing comprised of ABR Loans, not later than 11:00 a.m., New York time, on the requested date of the proposed Borrowing. Each Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Borrowing aggregate amount of such Revolving Loans or Term LoansBorrowing; (b) the aggregate amount of such Borrowing; (c) the requested date of such Revolving Borrowing, which shall be a Business Day; (dc) whether such Revolving Borrowing is to be an for ABR Borrowing Loans or a Eurodollar BorrowingSOFR Loans; (ed) in the case of a Eurodollar BorrowingSOFR Loans, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (fe) the location (which shall be an account in the United States) and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.02(d); and (gf) that the conditions set forth in Sections 4.02(b)-(d4.02(b)-(g) as applicable, have been satisfied as of the date of the noticeBorrowing Request. If no election as to the denomination or Type of Borrowing Loans is specified, then the requested Revolving Borrowing shall be deemed to be for SOFR Loans with an ABR BorrowingInterest Period of one month’s duration. If no Interest Period is specified with respect to any requested Eurodollar BorrowingSOFR Loan, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request Request, in accordance with this SectionSection 2.03, the Administrative Agent shall advise each Lender the Revolving Lenders of the details thereof and of the amount of such Revolving Lender’s Loan Pro Rata Percentage of the Loans to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Nabors Industries LTD)

Borrowing Procedure. To request a Revolving Borrowing or Term Borrowing, the Borrower shall deliver, by hand delivery, telecopier or electronic mail (in pdf form and then followed by the original via overnight mail), a duly completed and executed Borrowing Request to notify the Administrative Agent of such request by telecopy or electronic transmission (if arrangements for doing so have been approved by the Administrative Agent, which approval shall not be unreasonably withheld, conditioned or delayed) or telephone (promptly confirmed by telecopy) (i) in the case of a Borrowing of Eurodollar BorrowingRate Loans, not later than 2:00 p.m.11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing or (ii) in the case of an ABR Borrowinga Borrowing of Base Rate Loans (other than Swingline Loans), not later than 11:00 a.m., New York City time, on the date Business Day of the proposed Borrowing. Each such telephonic Notice of Borrowing Request shall be irrevocable irrevocable, subject to Sections 2.09 and 3.01, and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Notice of Borrowing in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Notice of Borrowing shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such Borrowing;; 18-22178-rdd Doc 51-1 Filed 02/06/18 Entered 02/06/18 17:00:35 Exhibit Pg 77 of 432 (cb) the date of such Borrowing, which shall be a Business Day; (dc) whether such Borrowing is to be an ABR a Borrowing of Base Rate Loans or a Borrowing of Eurodollar BorrowingRate Loans; (ed) in the case of a Borrowing of Eurodollar BorrowingRate Loans, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (fe) the location (which shall be an account in the United States) and number of Borrower’s the account to which funds are to be disbursed, which shall comply with the requirements of Section 2.02; and (gf) that the conditions set forth in Sections 4.02(b)-(d) have been Section 4.01 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, 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 BorrowingRate Loans, then the Borrower shall be deemed to have selected an Interest Period of one month’s durationduration (subject to the proviso in clause (d) above). Promptly following receipt of a Notice of Borrowing Request in accordance with this SectionSection 2.03, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Revolving Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Abl Credit Agreement

Borrowing Procedure. To request a Revolving Borrowing or Term Borrowing, Borrower shall deliver, by hand delivery, telecopier delivery or electronic mail (in pdf form and then followed by the original via overnight mail)telecopier, a duly completed and executed Borrowing Request to the Administrative Agent (i) in the case of a Eurodollar LIBOR Borrowing, not later than 2:00 p.m.11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing or (ii) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Each Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such Borrowing; (c) the date of such Borrowing, which shall be a Business Day; (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar LIBOR Borrowing; (e) in the case of a Eurodollar LIBOR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term "Interest Period"; (f) the location (which shall be an account in the United States) and number of Borrower’s 's account to which funds are to be disbursed, which shall comply with the requirements of Section 2.02(c); and (g) that the conditions set forth in Sections 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, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar LIBOR Borrowing, then Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s 's Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Navisite Inc)

Borrowing Procedure. To request a Revolving Borrowing or Term Borrowing, Borrower shall deliver, by hand delivery, telecopier or electronic mail (in pdf form and then followed by the original via overnight mail), a duly completed and executed Borrowing Request to notify the Administrative Agent of such request by telephone (confirmed by telecopy or e-mail no later than one Business Day following such request) (i) in the case of a Eurodollar Revolving Borrowing, not later than 2:00 1:00 p.m., New York City time, three Business Days before the date of the proposed Borrowing or (ii) in the case of an ABR Borrowing, Borrowing (other than Swingline Loans) not later than 11:00 a.m.1:00 p.m., New York City time, on the date Business Day of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Revolving Borrowing of Revolving Loans or Term Loansa Swingline Loan; (b) the aggregate amount of such Borrowing; (c) the date of such Borrowing, which shall be a Business Day; (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Revolving Borrowing; (e) in the case of a Eurodollar Revolving Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term "Interest Period"; provided, that until the earlier of (i) the date on which the Administrative Agent shall have notified Borrower that the primary syndication of the Commitments has been completed and (ii) the date which is 180 days after the Original Closing Date, the Interest Period shall be one month; (f) the location (which shall be an account in the United States) and number of Borrower’s 's account to which funds are to be disbursed, which shall comply with the requirements of Section 2.02; and (g) that the conditions set forth in Sections 4.02(b)-(dSection 4.02 (b)-(e) have been are satisfied as of the date of the notice. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Revolving Borrowing, then Borrower shall be deemed to have selected an Interest Period of one month’s duration's duration (subject to the proviso in clause (e) above). Promptly following receipt of a Borrowing Request in accordance with this SectionSection 2.03, the Administrative Agent shall notify Collateral Agent of the borrowing Request, confirm with Collateral Agent that the funding of such Borrowing Request is in conformity with this Section 2.03 and advise each Lender of the details thereof and of the amount of such Lender’s 's Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (General Cable Corp /De/)

Borrowing Procedure. To request a Revolving Borrowing or Term Loan Borrowing, the Borrower shall deliver, by hand delivery, telecopier facsimile or other electronic mail transmission if arrangements for doing so have been approved in writing (in pdf form and then followed including via email) by the original via overnight mail)Administrative Agent, a duly completed and executed Borrowing Request to the Administrative Agent (ia) in the case of a Eurodollar Revolving Borrowing, not later than 2:00 12:00 p.m., New York City timetime (or such later time on such Business Day as may be reasonably acceptable to the Administrative Agent), three (3) Business Days before the date of the proposed Borrowing; provided that a Revolving Borrowing may not be requested more than twice per calendar month, or (iib) in the case of an ABR BorrowingTerm Loan Borrowings to be made on the Closing Date, not later than 11:00 a.m.12:00 p.m., New York City time, on (1) one Business Day before the date of the proposed Borrowing. Each Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such Borrowing; (c) the date of such Borrowing, which shall be a Business Day; (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) 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”; (f) the wiring instructions, including the location (which shall be an account in the United States) and number of Borrower’s the account to which funds are to be disbursed; and (g) with respect to each Credit Extension made after the Closing Date, that the conditions set forth in Sections 4.02(b)-(dSection 4.02(b) have been and Section 4.02(c) will be satisfied or waived as of the date of the noticerequested Borrowing is made. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be a Eurodollar Borrowing with an ABR BorrowingInterest Period of one month’s duration. If no the Borrower requests a Eurodollar Borrowing but fails to specify an Interest Period is specified with respect to any requested Eurodollar BorrowingPeriod, then the Borrower shall will be deemed to have selected specified an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this SectionSection 2.03, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Blend Labs, Inc.)

Borrowing Procedure. To request a Revolving Borrowing or Term Borrowing, a Borrower shall deliver, by hand delivery, telecopier delivery or electronic mail (in pdf form and then followed by the original via overnight mail)telecopier, a duly completed and executed Borrowing Request to the Administrative Agent (i) in the case of a Eurodollar Borrowing, not later than 2:00 p.m.11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing or (ii) in the case of an ABR Borrowing, not later than 11:00 9:00 a.m., New York City time, on the date of the proposed Borrowing. Each Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such Borrowing; (cb) the date of such Borrowing, which shall be a Business Day; (dc) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (ed) 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”; (fe) the location (which shall be an account in the United States) and number of such Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.02(c); and (gf) that the conditions set forth in Sections 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, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then such Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (MagnaChip Semiconductor LTD (United Kingdom))

Borrowing Procedure. To request a Revolving (a) Each Borrowing or Term Borrowingof Loans shall be made on notice, Borrower shall deliver, by hand delivery, telecopier or electronic mail (in pdf form and then followed by the original via overnight mail), a duly completed and executed Borrowing Request to the Administrative Agent given not later than (i) in the case of a Eurodollar Borrowing, not later than 2:00 p.m., New York City time, three Business Days before the date of the proposed Borrowing or (ii) in the case of an ABR Borrowing, not later than 11:00 a.m.12:00 Noon, New York City time, on the third Business Day prior to the date of the proposed Borrowing. Each Borrowing Request shall be irrevocable and shall specify (in the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be case of a Borrowing of Revolving Loans or Term to consist of LIBO Rate Loans; ) and (bii) 12:00 Noon, New York City time, on the Business Day of the proposed Borrowing (in the case of a Borrowing of Loans to consist of Base Rate Loans), by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by facsimile transmission. Each such notice of a Borrowing of Loans shall be made in writing, in substantially the form of a Borrowing Request, specifying therein (i) the aggregate amount of such Borrowing; (c) the requested date of such Borrowing, Borrowing (which shall be a Business Day; ), (dii) whether such Borrowing is to be an ABR Borrowing a LIBO Rate Loan or a Eurodollar Base Rate Loan, (iii) the requested aggregate amount of such Borrowing; , (eiv) in the case of a Eurodollar BorrowingLIBO Rate Loan, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; therefor and (fv) the location (which shall be an account in the United States) and number of the Borrower’s account to which funds are to be disbursed; and. (gb) that Each Lender shall make each Loan to be made by it hereunder on the conditions set forth in Sections 4.02(b)-(d) have been satisfied as proposed date thereof by wire transfer of immediately available funds by 2:00 p.m., New York City time, to the account of the date Administrative Agent most recently designated by it for such purpose by notice to the Lenders. The Administrative Agent will make such Loans available to the Borrower by promptly crediting the amounts so received, in like funds, to an account of the notice. Borrower and designated by the Borrower in the applicable Borrowing Request; provided that Borrowings made to finance the reimbursement of an LC Disbursement as provided in Section 2.6.6 shall be remitted by the Administrative Agent to the Issuing Lender specified in Section 2.6.6. (c) If no election as to the Type type of Borrowing a Loan is specified, then the requested Borrowing Loan shall be an ABR Borrowinga Base Rate Loan. If no Interest Period is specified with respect to any requested Eurodollar BorrowingLIBO Rate Loan, then Borrower the requested Loan shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of made instead as a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested BorrowingBase Rate Loan.

Appears in 1 contract

Sources: Credit Agreement (Edison Mission Energy)

Borrowing Procedure. To request a Revolving Borrowing or Term Borrowing, the Borrower Agent shall deliver, by hand delivery, telecopier facsimile or electronic mail (in pdf form and then followed by the original via overnight mail)email, a duly completed and executed Borrowing Request to the Administrative Agent (i) in the case of a Eurodollar EurocurrencySOFR Borrowing, not later than 2:00 p.m., New York City time three Business Days before the date of the proposed Borrowing (or such later time as may be reasonably acceptable to the Administrative Agent) (or, in the case of Eurocurrency Borrowings to be made on the Closing Date, not later than 2:00 p.m., New York City time, three one Business Days Day before the date of the proposed Borrowing Borrowing) or (ii) in the case of an ABR Borrowing, not later than 11:00 a.m.12:00 noon, New York City time, time on the date of Business Day prior to the proposed BorrowingBorrowing (or such later time as may be reasonably acceptable to the Administrative Agent). Each Borrowing Request shall be irrevocable (subject to the last paragraph of this Section 2.03) (provided that such Borrowing Request may be conditioned upon the occurrence of any event specified therein) and shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term Loans[reserved]; (b) the aggregate amount of such Borrowing; (c) the date of such Borrowing, which shall be a Business Day; (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency, a Term SOFR Borrowing or, in the event that the Term SOFR Reference Rate for the applicable tenor has not been published by the Term SOFR Administrator pursuant to the definition of “Term SOFR” (after application of the last sentence of clause (a) of such definition) and a Benchmark Replacement Date with respect to the Term SOFR Reference Rate has not occurred, at the option of the Borrower Agent, Daily SOFR Borrowing; (e) in the case of a Eurodollar EurocurrencySOFR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (f) the location (which shall be an account in the United States) and number of Borrower’s the account to which funds are to be disbursed; (g) [reserved]; (h) the identity of the Borrower or Borrowers requesting such Borrowing; and (gi) with respect to each Credit Extension, that the conditions set forth in Sections 4.02(b)-(dSection 4.02(b) have been and Section 4.02(c) will be satisfied or waived as of the date of the noticerequested Borrowing is made. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be a EurocurrencyTerm SOFR Borrowing with an ABR BorrowingInterest Period of one month’s duration. If no a Borrower requests a EurocurrencySOFR Borrowing but fails to specify an Interest Period is specified with respect to any requested Eurodollar BorrowingPeriod, then such Borrower shall will be deemed to have selected specified an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender▇▇▇▇▇▇’s Loan to be made as part of the requested Borrowing. The Borrowing Request in respect of any Loans on the Closing Date or in connection with any Permitted Acquisition or other permitted Investment, or any Incremental Facility, Extension Amendment or Credit Agreement Refinancing Indebtedness, in each case after the Closing Date, may be rescinded or revised to change the requested date for the making of the Loans contemplated thereby, by the applicable Borrower (or the other applicable borrower thereof) upon written notice to the Administrative Agent on or prior to 10:00 a.m. New York City time on the date of the proposed Borrowing (or such later time as the Administrative Agent may approve in its sole discretion).

Appears in 1 contract

Sources: Credit Agreement (Solera Corp.)

Borrowing Procedure. To request a Revolving Borrowing or Term Borrowing, Borrower shall deliver, by hand delivery, telecopier delivery or electronic mail (in pdf form and then followed by the original via overnight mail)telecopier, a duly completed and executed Borrowing Request to the Administrative Agent (i) in the case of a Eurodollar Borrowing, not later than 2:00 p.m.11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing or (ii) in the case of an ABR Borrowing, not later than 11:00 9:00 a.m., New York City time, on one Business Day before the date of the proposed Borrowing. Each Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such Borrowing, which shall equal the aggregate amount of the Commitments; (cb) the date of such Borrowing, which shall be a Business Day; (dc) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (ed) 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”; (fe) the location (which shall be an account in the United States) and number of Borrower’s account to which funds are to be disbursed; and (gf) that the conditions set forth in Sections 4.02(b)-(dSection 4.0l(t) and (u) have been satisfied as of the date of the notice. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Second Lien Credit Agreement (Thompson Creek Metals CO Inc.)

Borrowing Procedure. To request a Revolving Borrowing or Term Borrowing, the Borrower Agent shall deliver, by hand delivery, telecopier facsimile or electronic mail (in pdf form and then followed by the original via overnight mail)email, a duly completed and executed Borrowing Request to the Administrative Agent (i) in the case of a Eurodollar Eurocurrency Borrowing, not later than 2:00 p.m., New York City time three Business Days before the date of the proposed Borrowing (or such later time as may be reasonably acceptable to the Administrative Agent) (or, in the case of Eurocurrency Borrowings to be made on the Closing Date, not later than 2:00 p.m., New York City time, three one Business Days Day before the date of the proposed Borrowing Borrowing) or (ii) in the case of an ABR Borrowing, not later than 11:00 a.m.12:00 noon, New York City time, time on the date of Business Day prior to the proposed BorrowingBorrowing (or such later time as may be reasonably acceptable to the Administrative Agent). Each Borrowing Request shall be irrevocable (subject to the last paragraph of this Section 2.03) (provided that such Borrowing Request may be conditioned upon the occurrence of any event specified therein) and shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term Loans[reserved]; (b) the aggregate amount of such Borrowing; (c) the date of such Borrowing, which shall be a Business Day; (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency Borrowing; (e) in the case of a Eurodollar Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (f) the location (which shall be an account in the United States) and number of Borrower’s the account to which funds are to be disbursed; (g) [reserved]; (h) the identity of the Borrower or Borrowers requesting such Borrowing; and (gi) with respect to each Credit Extension, that the conditions set forth in Sections 4.02(b)-(dSection 4.02(b) have been and Section 4.02(c) will be satisfied or waived as of the date of the noticerequested Borrowing is made. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be a Eurocurrency Borrowing with an ABR BorrowingInterest Period of one month’s duration. If no a Borrower requests a Eurocurrency Borrowing but fails to specify an Interest Period is specified with respect to any requested Eurodollar BorrowingPeriod, then such Borrower shall will be deemed to have selected specified an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender▇▇▇▇▇▇’s Loan to be made as part of the requested Borrowing. The Borrowing Request in respect of any Loans on the Closing Date or in connection with any Permitted Acquisition or other permitted Investment, or any Incremental Facility, Extension Amendment or Credit Agreement Refinancing Indebtedness, in each case after the Closing Date, may be rescinded or revised to change the requested date for the making of the Loans contemplated thereby, by the applicable Borrower (or the other applicable borrower thereof) upon written notice to the Administrative Agent on or prior to 10:00 a.m. New York City time on the date of the proposed Borrowing (or such later time as the Administrative Agent may approve in its sole discretion).

Appears in 1 contract

Sources: Second Lien Credit Agreement (Solera Corp.)

Borrowing Procedure. To request a Revolving Borrowing or Term Borrowing, Borrower shall deliverirrevocably notify the Administrative Agent by means of telephonic or electronic communication (and then promptly confirm, by hand delivery, telecopier delivery or electronic mail (in pdf form and then followed by the original via overnight mail), telecopy of a duly completed and executed Borrowing Request to the Administrative Agent Agent) (i) in the case of a Eurodollar Borrowing, not later than 2:00 1:00 p.m., New York City time, three Business Days before the date of the proposed Borrowing or (ii) in the case of an ABR Borrowing, not later than 11:00 a.m.12:00 noon, New York City time, on the date of the proposed Borrowing. Each Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term Tranche B Loans; (b) the aggregate amount of such Borrowing; (c) the date of such Borrowing, which shall be a Business Day; (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) 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”; provided that until the date on which the Syndication Agent shall have notified Borrower that a Successful Syndication has been achieved, the Interest Period shall be seven days; (f) the location (which shall be an account in the United States) and number of Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.02(c); and (g) that the conditions set forth in Sections 4.02(b)-(d4.02(b) and (c) have been satisfied as of the date of the notice. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Revolving Borrowing, then Borrower shall be deemed to have selected an Interest Period of one month’s durationduration (subject to the proviso in clause (e) above). Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Leiner Health Services Corp.)

Borrowing Procedure. To request a Revolving Borrowing Credit Extension, Parent Borrower (on behalf of itself or Term Borrowing, Borrower the Subsidiary Borrower) shall deliver, by hand delivery, telecopier delivery or electronic mail (in pdf form and then followed by the original via overnight mail)telecopier, a duly completed and executed Borrowing Request to the Administrative Agent (i) in the case of a Eurodollar Borrowing, not later than 2:00 12:00 p.m., New York City time, three Business Days before the date of the proposed Borrowing or (ii) in the case of an ABR Borrowing, not later than 11:00 a.m.12:00 p.m., New York City time, on one Business Day before the date of the proposed Borrowing. Each Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such Borrowing; (cb) the date of such Borrowing, which shall be a Business Day; (dc) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (ed) 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”; (fe) the location (which shall be an account in the United States) and number of Borrower’s Borrowers’ account to which funds are to be disbursed, which shall comply with the requirements of Section 2.02(c); and (gf) that the conditions set forth in Sections 4.02(b)-(d4.01(s)-(u) have been satisfied as of the date of the notice. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then Borrower Borrowers shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Macrovision Solutions CORP)

Borrowing Procedure. To request a Revolving Borrowing or Term Borrowing, Borrower shall deliver, by hand delivery, telecopier delivery or electronic mail (in pdf form and then followed by the original via overnight mail)telecopier, a duly completed and executed Borrowing Request to the Administrative Agent (i) in the case of a Eurodollar Borrowing, not later than 2:00 1:00 p.m., New York City time, three Business Days before the date of the proposed Borrowing or (ii) in the case of an ABR Borrowing, not later than 11:00 10:00 a.m., New York City time, on the date of the proposed Borrowing. Each Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such Borrowing; (c) the date of such Borrowing, which shall be a Business Day; (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) 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”; (f) the location (which shall be an account in the United States) and number of Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.02(c); and (g) that the conditions set forth in Sections 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, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (On Assignment Inc)

Borrowing Procedure. To request a Revolving Borrowing or Term Borrowing, Borrower shall deliver, by hand delivery, telecopier delivery or electronic mail (in pdf form and then followed by the original via overnight mail)telecopier, a duly completed and executed Borrowing Request to the Administrative Agent (i) in the case of a Eurodollar BorrowingLoan in dollars, not later than 2:00 p.m.11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing Borrowing, or (ii) in the case of an ABR Borrowinga Base Rate Loan, not later than 11:00 9:00 a.m., New York City time, on the date of the proposed Borrowing. Each Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.022.2: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such Borrowing; (cb) the date of such Borrowing, which shall be a Business Day; (dc) whether such Borrowing is to be an ABR Borrowing a Base Rate Loan or a Eurodollar BorrowingLoan; (ed) in the case of a Eurodollar BorrowingLoan, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (fe) the location (which shall be an account in the United States) and number of Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.2(c); and (gf) that the conditions set forth in Sections 4.02(b)-(d) Section 5.1 have been satisfied as of the date of the notice. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowinga Base Rate Loan. If no Interest Period is specified with respect to any requested Eurodollar BorrowingLoan, then Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this SectionSection 2.3, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Term Loan Credit Agreement (Nacco Industries Inc)

Borrowing Procedure. To request (a) The Term Loan Borrowing shall be made on the Closing Date following receipt of a Revolving Notice of Borrowing or Term Borrowing, Borrower shall deliver, by hand delivery, telecopier or electronic mail (in pdf form and then followed given by the original via overnight mail), a duly completed and executed Borrowing Request Borrower to the Administrative Agent not later than 11:00 a.m. (New York City time) three Business Days prior to the Closing Date. The Notice of Borrowing shall specify (i) the Closing Date and (ii) the aggregate amount of the proposed Term Loan Borrowing. The Term Loan shall be made as a EuroDollar Rate Loan. (b) The Administrative Agent shall give to each Lender prompt notice of the Administrative Agent's receipt of a Notice of Borrowing and the applicable interest rate determined pursuant to Section 2.10(a) (Determination of Interest Rate). Each Lender shall, before 11:00 a.m. (New York time) on the Closing Date, make available to the Administrative Agent at its address referred to in Section 8.8 (Notices, Etc.), in immediately available funds, such Lender's Ratable Portion of such proposed Borrowing. Upon fulfillment (or due waiver in accordance with Section 8.1 (Amendments, Waivers, Etc.)) on the Closing Date, of the applicable conditions set forth in Section 3.1 (Conditions Precedent) and after the Administrative Agent's receipt of such funds, the Administrative Agent shall make such funds available to the Borrower. (c) Unless the Administrative Agent shall have received notice from a Lender prior to the date of any proposed Borrowing that such Lender will not make available to the Administrative Agent such Lender's Ratable Portion of such Borrowing (or any portion thereof), the Administrative Agent may assume that such Lender has made such Ratable Portion available to the Administrative Agent on the date of such Borrowing in accordance with this Section 2.2 and the Administrative Agent may, in reliance upon such assumption, make available to the Borrower on such date a corresponding amount. If and to the extent that such Lender shall not have so made such Ratable Portion available to the Administrative Agent, such Lender and the Borrower severally agree to repay to the Administrative Agent forthwith on demand such corresponding amount together with interest thereon, for each day from the date such amount is made available to the Borrower until the date such amount is repaid to the Administrative Agent, at (i) in the case of a Eurodollar Borrowingthe Borrower, not later than 2:00 p.m., New York City time, three Business Days before the date of interest rate applicable at the proposed Borrowing or time to the Term Loan and (ii) in the case of an ABR Borrowingsuch Lender, not later than 11:00 a.m.the Federal Funds Rate for the first Business Day and thereafter at the interest rate applicable at the time to the Term Loan. If such Lender shall repay to the Administrative Agent such corresponding amount, New York City time, on the date of the proposed Borrowing. Each Borrowing Request such corresponding amount so repaid shall be irrevocable and shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or constitute such Lender's Term Loans; (b) the aggregate amount Loan as part of such Borrowing; (c) Borrowing for purposes of this Agreement. If the date Borrower shall repay to the Administrative Agent such corresponding amount, such payment shall not relieve such Lender of such Borrowing, which shall be a Business Day;any obligation it may have hereunder to the Borrower. (d) whether The failure of any Lender to make on the date specified a Term Loan or any payment required by it (such Borrowing is Lender being a "Non-Funding Lender"), shall not relieve any SECOND LIEN CREDIT AGREEMENT AMKOR TECHNOLOGY, INC. other Lender of its obligations to be an ABR Borrowing make a Term Loan or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which payment on such date but no such other Lender shall be responsible for the failure of any Non-Funding Lender to make a period contemplated by the definition of the term “Interest Period”; (f) the location (which shall be an account in the United States) and number of Borrower’s account to which funds are to be disbursed; and (g) that the conditions set forth in Sections 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, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with Term Loan or payment required under this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested BorrowingAgreement.

Appears in 1 contract

Sources: Second Lien Credit Agreement (Amkor Technology Inc)

Borrowing Procedure. To request a Revolving Borrowing or Term Borrowing, the applicable Borrower shall deliver, by hand delivery, telecopier delivery or electronic mail (in pdf form and then followed by the original via overnight mail)telecopy, a duly completed and executed Borrowing Request to the Administrative Agent (i) in the case of a Eurodollar Borrowing, not later than 2:00 p.m.11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing or (ii) in the case of an ABR Borrowing, not later than 11:00 10:00 a.m., New York City time, on the date of the proposed Borrowing. Each Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans, U.S. Term Loans or Canadian Term Loans; (b) the aggregate amount of such Borrowing; (c) the date of such Borrowing, which shall be a Business Day; (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) 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”; provided that until the earlier of (x) the date on which the Syndication Agent shall have notified U.S. Borrower that a Successful Syndication has been achieved and (y) 60 days after the Fourth Amendment Effectiveness Date, the Interest Period for any U.S. Term B-2 Loans shall be seven days; (f) the location (which shall be an account in the United States) and number of the applicable Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.02(c); and (g) that the conditions set forth in Sections 4.02(b)-(d4.02(b) through (d) have been satisfied as of the date of the notice. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Revolving Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s durationduration (subject to the proviso in clause (e) above). Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Ply Gem Holdings Inc)

Borrowing Procedure. To request (i) Each Borrowing shall be in a Revolving minimum amount of $5,000,000 in the case of a Borrowing of SOFR Loans or Term BorrowingEurocurrency Loans, Borrower or $1,000,000, in the case of a Borrowing of ABR Loans, or in each case an integral multiple of $1,000,000 in excess thereof (or, in the case of a Borrowing denominated in an Alternate Currency, the Alternate Currency Equivalent thereof, rounded to the nearest 1,000 units of such Alternate Currency), and shall deliver, by hand delivery, telecopier or electronic mail (in pdf form and then followed be made on notice by the original via overnight mail), a duly completed and executed Borrowing Request requesting Borrower to the Administrative Agent not later than 11:00 a.m. (iNew York time) on (x) the third Business Day prior to the date of such Borrowing in the case of a Borrowing consisting of SOFR Loans, (y) the fourth Business Day prior to the date of such Borrowing in the case of a Borrowing consisting of Eurocurrency Loans denominated in an Alternate Currency or (z) on the date of such Borrowing in the case of a Borrowing consisting of ABR Loans, and the Administrative Agent shall give each Lender prompt notice thereof. (ii) Each such notice of a Borrowing (a “Notice of Borrowing”) shall be irrevocable and binding on the Borrowers and shall be in substantially the form of Exhibit C, specifying therein the requested (1) date of such Borrowing (which shall be a Business Day), (2) Type of Loans comprising such Borrowing, (3) Class of Loans comprising such Borrowing, (4) the applicable Borrowing Category (or as applicable Borrowing Categories), (5) aggregate amount of such Borrowing, stated in Dollars, and the Currency thereof and (6) in the case of a Eurodollar BorrowingBorrowing of SOFR Loans or Eurocurrency Loans, not later than 2:00 p.m.initial Interest Period for such Loans. (iii) Each Lender shall, before 1:00 p.m. (New York City time, three Business Days before the date of the proposed Borrowing or (ii) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Each Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such Borrowing; (c) the date of such Borrowing, which shall be a Business Day;make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent’s Account, in same day funds, such ▇▇▇▇▇▇’s ratable portion of such Borrowing. (div) whether After the Administrative Agent’s receipt of such Borrowing is funds, and subject to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition satisfaction of the term “Interest Period”; (f) the location (which shall be an account in the United States) and number of Borrower’s account to which funds are to be disbursed; and (g) that the applicable conditions set forth in Sections 4.02(b)-(d) have been satisfied as of Article IV, the date of the notice. If no election as Administrative Agent will make such funds available to the requesting Borrower by promptly crediting the amounts so received, in like funds, to such account of such Borrower as the Administrative Agent and such Borrower may agree. (v) If the requesting Borrower fails to specify a Type of Borrowing is specifiedLoan in a Notice of Borrowing, then the requested Borrowing applicable Loans shall be an made as ABR BorrowingLoans. If no Interest Period is specified the requesting Borrower fails to provide a timely notice of Conversion or Continuation with respect to any requested Eurodollar Borrowinga Borrowing of SOFR Loans or Eurocurrency Loans, then such Borrower shall be deemed to have selected requested a Continuation with respect thereto with an Interest Period of one month’s duration. Promptly following receipt of If the requesting Borrower requests a Borrowing Request of, Conversion to, or Continuation of SOFR Loans or Eurocurrency Loans in accordance any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. If the requesting Borrower requests a Borrowing of, Conversion to, or Continuation of SOFR Loans or Eurocurrency Loans in any such Notice of Borrowing, but fails to specify the Currency thereof, it will be deemed to have specified SOFR Loans in Dollars. (vi) After giving effect to all Borrowings, all Conversions and all Continuations, there shall not be more than 15 Interest Periods in effect. Notwithstanding the foregoing no Borrower shall be entitled to request, or to elect to convert or continue, any Borrowing if the Interest Period request (i) with this Section, respect to a Borrowing of 2025 Tranche Revolving Loans would end after the Administrative Agent shall advise each Lender 2025 Termination Date and (ii) with respect to a Borrowing of 2027 Tranche Revolving Loans would end after the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing2027 Termination Date.

Appears in 1 contract

Sources: Revolving Credit Agreement (Carlyle Group Inc.)

Borrowing Procedure. To request a Revolving Borrowing or Term B Borrowing, Borrower shall deliver, by hand delivery, telecopier delivery or electronic mail (in pdf form and then followed by the original via overnight mail)telecopy, a duly completed and executed Borrowing Request to the Administrative Agent (i) in the case of a Eurodollar BorrowingBorrowing in dollars, not later than 2:00 p.m.noon, New York City time, three Business Days before the date of the proposed Borrowing or (ii) in the case of an ABR Borrowing, not later than 11:00 a.m.1:00 p.m., New York City time, on the date of the proposed Borrowing. Each Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Revolving Borrowing of Revolving Loans or a Term LoansB Borrowing; (b) the aggregate amount of such Borrowing; (c) the date of such Borrowing, which shall be a Business Day; (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) 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”; (f) the location (which shall be an account in the United States) and number of Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.02; and (g) that the conditions set forth in Sections 4.02(b)-(d4.02 (b)-(e) have been are satisfied as of the date of the notice. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Basic Energy Services Inc)

Borrowing Procedure. To request a Revolving Borrowing or Term Borrowing, Borrower shall deliver, by hand delivery, telecopier delivery or electronic mail (in pdf form and then followed by the original via overnight mail)telecopier, a duly completed and executed Borrowing Request to the Administrative Agent (i) in the case of a Eurodollar Borrowing, not later than 2:00 p.m.11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing or (ii) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Each Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such Borrowing; (c) the date of such Borrowing, which shall be a Business Day; (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) 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"; (f) the location (which shall be an account in the United States) and number of Borrower’s 's account to which funds are to be disbursed, which shall comply with the requirements of Section 2.02(c); and (g) that the conditions set forth in Sections 4.02(b)-(d4.02(b), (c) and (d)(ii) have been satisfied as of the date of the notice. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s 's Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Kendle International Inc)

Borrowing Procedure. To request a Revolving Borrowing or Term Borrowing, Borrower shall deliver, by hand delivery, telecopier delivery or electronic mail (in pdf form and then followed by the original via overnight mail)telecopier, a duly completed and executed Borrowing Request to the Administrative Agent (i) in the case of a Eurodollar Borrowing, not later than 2:00 p.m.12:00 noon, New York City time, three Business Days before the date of the proposed Borrowing or (ii) in the case of an ABR Borrowing, not later than 11:00 10:00 a.m., New York City time, on the date of the proposed Borrowing. Each Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such Borrowing; (cb) the date of such Borrowing, which shall be a Business Day; (dc) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (ed) 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"; (fe) the location (which shall be an account in the United States) and number of Borrower’s 's account to which funds are to be disbursed; and (gf) that the conditions set forth in Sections 4.02(b)-(d4.02(b)-(c) have been satisfied as of the date of the notice. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s 's Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (HealthSpring, Inc.)

Borrowing Procedure. To In order to request a Revolving Borrowing or Term (other than a Swingline Borrowing), Borrower the Borrower, acting through a Financial Officer, shall deliver, submit a Borrowing Request by hand delivery, telecopier delivery or electronic mail (in pdf form and then followed telecopy or by the original via overnight mail), a duly completed and executed Borrowing Request telephone to the Administrative Agent (ia) in the case of a Eurodollar Borrowing, not later than 2:00 p.m.11:00 a.m., New York City time, three Business Days before the date of the a proposed Borrowing or and (iib) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date day of the a proposed Borrowing. Each Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.02: information: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such Borrowing; (c) the date of such Borrowing, which shall be a Business Day; (di) whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by Business Day), (iii) the definition number and location of the term “Interest Period”; (f) the location (which shall be an account in the United States) and number of Borrower’s account to which funds are to be disburseddisbursed (which shall be an account that complies with the requirements of Section 2.02(c)); and (giv) that the conditions 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 Sections 4.02(b)-(d) have been satisfied as of the date of the noticeSection 2.02. If no election as to the Type of Borrowing is specifiedspecified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar BorrowingBorrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the The Administrative Agent shall promptly advise each Lender the applicable Lenders of the details thereof any notice given pursuant to this Section 2.03 and of the amount of such each Lender’s Loan to be made as part 's portion of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Kuhlman Corp)

Borrowing Procedure. To request (i) Each Borrowing shall be in a Revolving minimum amount of $5,000,000 in the case of a Borrowing of SOFR Loans or Term BorrowingEurocurrency Loans, Borrower or $1,000,000, in the case of a Borrowing of ABR Loans, or in each case an integral multiple of $1,000,000 in excess thereof (or, in the case of a Borrowing denominated in an Alternate Currency, the Alternate Currency Equivalent thereof, rounded to the nearest 1,000 units of such Alternate Currency), and shall deliver, by hand delivery, telecopier or electronic mail (in pdf form and then followed be made on notice by the original via overnight mail), a duly completed and executed Borrowing Request requesting Borrower to the Administrative Agent not later than 11:00 a.m. (iNew York time) on (x) the third Business Day prior to the date of such Borrowing in the case of a Borrowing consisting of SOFR Loans, (y) the fourth Business Day prior to the date of such Borrowing in the case of a Borrowing consisting of Eurocurrency Loans denominated in an Alternate Currency or (z) on the date of such Borrowing in the case of a Borrowing consisting of ABR Loans, and the Administrative Agent shall give each Lender prompt notice thereof. (ii) Each such notice of a Borrowing (a “Notice of Borrowing”) shall be irrevocable and binding on the Borrowers and shall be in substantially the form of Exhibit C, specifying therein the requested (1) date of such Borrowing (which shall be a Business Day), (2) Type of Loans comprising such Borrowing, (3) Class of Loans comprising such Borrowing, (4) the applicable Borrowing Category (or as applicable Borrowing Categories), (5) aggregate amount of such Borrowing, stated in Dollars, and the Currency thereof and (6) in the case of a Eurodollar BorrowingBorrowing of SOFR Loans or Eurocurrency Loans, not later than 2:00 p.m.initial Interest Period for such Loans. (iii) Each Lender shall, before 1:00 p.m. (New York City time, three Business Days before the date of the proposed Borrowing or (ii) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Each Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such Borrowing; (c) the date of such Borrowing, which shall be a Business Day;make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent’s Account, in same day funds, such ▇▇▇▇▇▇’s ratable portion of such Borrowing. (div) whether After the Administrative Agent’s receipt of such Borrowing is funds, and subject to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition satisfaction of the term “Interest Period”; (f) the location (which shall be an account in the United States) and number of Borrower’s account to which funds are to be disbursed; and (g) that the applicable conditions set forth in Sections 4.02(b)-(d) have been satisfied as of Article IV, the date of the notice. If no election as Administrative Agent will make such funds available to the requesting Borrower by promptly crediting the amounts so received, in like funds, to such account of such Borrower as the Administrative Agent and such Borrower may agree. (v) If the requesting Borrower fails to specify a Type of Borrowing is specifiedLoan in a Notice of Borrowing, then the requested Borrowing applicable Loans shall be an made as ABR BorrowingLoans. If no Interest Period is specified the requesting Borrower fails to provide a timely notice of Conversion or Continuation with respect to any requested Eurodollar Borrowinga Borrowing of SOFR Loans or Eurocurrency Loans, then such Borrower shall be deemed to have selected requested a Continuation with respect thereto with an Interest Period of one month’s duration. Promptly following receipt of If the requesting Borrower requests a Borrowing Request of, Conversion to, or Continuation of SOFR Loans or Eurocurrency Loans in accordance any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. If the requesting Borrower requests a Borrowing of, Conversion to, or Continuation of SOFR Loans or Eurocurrency Loans in any such Notice of Borrowing, but fails to specify the Currency thereof, it will be deemed to have specified SOFR Loans in Dollars. (vi) After giving effect to all Borrowings, all Conversions and all Continuations, there shall not be more than 15 Interest Periods in effect. Notwithstanding the foregoing no Borrower shall be entitled to request, or to elect to convert or continue, any Borrowing if the Interest Period request (i) with this Section, respect to a Borrowing of 2024 Tranche Revolving Loans would end after the Administrative Agent shall advise each Lender 2024 Termination Date and (ii) with respect to a Borrowing of 2027 Tranche Revolving Loans would end after the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing2027 Termination Date.

Appears in 1 contract

Sources: Revolving Credit Agreement (Carlyle Group Inc.)

Borrowing Procedure. To request a Revolving Borrowing or Term Borrowing, Borrower shall deliver, by hand delivery, telecopier email through a “pdf” copy or facsimile transmission (or transmit by other electronic mail (transmission if arrangements for doing so have been approved in pdf form and then followed writing by the original via overnight mailAdministrative Agent), a duly completed and executed Borrowing Request to the Administrative Agent (i) in the case of a Eurodollar Borrowing, not later than 2:00 12:30 p.m., New York City time, three on the third Business Days Day before the date of the proposed Borrowing (or such later time as may be reasonably acceptable to the Administrative Agent) or (ii) in the case of an ABR Borrowing, not later than 11:00 a.m.12:30 p.m., New York City time, one (1) Business Day prior to the proposed Borrowing (provided that such notice shall be delivered not later than 12:30 p.m., New York City time, one (1) Business Day prior to the Closing Date in the case of the Credit Extensions on the date of the proposed BorrowingClosing Date). Each Borrowing Request shall be irrevocable (provided that a Borrowing Request in respect of the Credit Extensions on the Closing Date, or in connection with any Permitted Acquisition or other transaction permitted under this Agreement, may, subject to Section 2.13, be conditioned on the consummation of the Transactions or such Permitted Acquisition or other transaction, as applicable, to the extent revocation of such notice is received by written notice to the Administrative Agent no later than 12:30 p.m., New York City time on the date of such proposed Borrowing) and shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term Loansapplicable Class thereof; (b) the aggregate amount of such Borrowing; (c) [reserved]; (d) the date of such Borrowing, which shall be a Business Day; (de) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (ef) 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 (fg) the location (which shall be an account in the United States) and number of Borrower’s account to which funds are to be disbursed; and (g) that the conditions set forth in Sections 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, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this SectionSection 2.03, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the pro rata amount and currency of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Second Lien Credit Agreement (SolarWinds Corp)

Borrowing Procedure. (a) To request a Revolving an Acquisition Borrowing or US Term Borrowing, US Borrower (or Administrative Borrower on behalf of US Borrower) shall deliver, by hand delivery, telecopier delivery or electronic mail (in pdf form and then followed by the original via overnight mail)telecopier, a duly completed and executed Borrowing Request to the US Administrative Agent (i) in the case of a Eurodollar BorrowingBorrowing in dollars, not later than 2:00 p.m.11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing or (ii) in the case of an ABR Borrowing, not later than 11:00 9:00 a.m., New York City time, on the date of the proposed Borrowing. Each Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.02: (ai) whether the requested Borrowing is to be a Borrowing of Revolving Acquisition Loans or US Term Loans; (bii) the aggregate amount of for such Borrowing; (ciii) the date of such Borrowing, which shall be a Business Day; (div) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (ev) 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”; (fvi) the location (which shall be an account in the United States) and number of US Borrower’s account to which funds are to be disbursed; and, which shall comply with the requirements of Section 2.02(c); (gvii) that the conditions set forth in Sections 4.02(b)-(d) have been satisfied as of the date of the notice; and (viii) in the case of an Acquisition Borrowing, that the conditions set forth in Section 4.03 have been satisfied as of the date of such notice. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then US Borrower (or Administrative Borrower on behalf of US Borrower) shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the US Administrative Agent shall advise each applicable Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Southern Graphic Systems, Inc.)

Borrowing Procedure. To request a Revolving Borrowing or Term Borrowing, Borrower shall deliver, by hand delivery, telecopier delivery or electronic mail (in pdf form and then followed by the original via overnight mail)telecopier, a duly completed and executed Borrowing Request to the Administrative Agent (i) in the case of a Eurodollar Borrowing, not later than 2:00 p.m.11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing or (ii) in the case of an ABR Borrowing, not later than 11:00 9:00 a.m., New York City time, on the date of the proposed Borrowing. Each Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Borrowing of Additional Revolving Loans, Additional Term Loans or Delayed Draw Term Loans; (b) the aggregate amount of such Borrowing; (c) the date of such Borrowing, which shall be a Business Day; (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) 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”; (f) the location (which shall be an account in the United States) and number of Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.02(c); and (g) that the conditions set forth in Sections 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, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Inventiv Health Inc)

Borrowing Procedure. To request a Revolving Borrowing or Term Loan Borrowing, the Borrower shall deliver, by hand delivery, telecopier facsimile or email (or by telephone confirmed promptly in writing by facsimile or other electronic mail transmission if arrangements for doing so have been approved in writing (in pdf form and then followed including via email) by the original via overnight mailAdministrative Agent), a duly completed and executed Borrowing Request to the Administrative Agent (i) in the case of a Eurodollar Borrowing, not later than 2:00 p.m., New York City timetime (or such later time on such Business Day as may be reasonably acceptable to the Administrative Agent), three Business Days before the date of the proposed Borrowing (or, in the case of Eurodollar Borrowings that are Term Loan Borrowings to be made on the Closing Date, not later than 12:00 p.m., New York City time, one (1) Business Day before the date of the proposed Borrowing) or (ii) in the case of an ABR Borrowing, (x) not later than 11:00 a.m.12:00 noon, New York City timetime (or such later time on such Business Day as may be reasonably acceptable to the Administrative Agent), on the date Business Day prior to the proposed Borrowing or (y), solely in connection with a request for any Revolving Borrowing which constitutes an ABR Borrowing (in an aggregate principal amount of all such Revolving Borrowings which constitute ABR Borrowings outstanding at any time not to exceed $10,000,000), not later than 1:00 p.m., New York City time on the same Business Day as the proposed Borrowing. Each Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such Borrowing; (c) the date of such Borrowing, which shall be a Business Day; (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) 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”; (f) the location (which shall be an account in the United States) and number of Borrower’s the account to which funds are to be disbursed; and (g) with respect to each Credit Extension, that the conditions set forth in Sections 4.02(b)-(dSection 4.02(b) have been and Section 4.02(c) will be satisfied or waived as of the date of the noticerequested Borrowing is made. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be a Eurodollar Borrowing with an ABR BorrowingInterest Period of one month’s duration. If no the Borrower requests a Eurodollar Borrowing but fails to specify an Interest Period is specified with respect to any requested Eurodollar BorrowingPeriod, then the Borrower shall will be deemed to have selected specified an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing. The Borrowing Request in respect of any Loans on the Closing Date or in connection with any Permitted Acquisition or other permitted Investment, or any Incremental Facility, Extension Amendment or Credit Agreement Refinancing Indebtedness, in each case after the Closing Date, may be rescinded or revised by the Borrower to change the requested date for the making of the Loans contemplated thereby upon written notice to the Administrative Agent on or prior to 10:00 a.m. New York City time on the date of the proposed Borrowing (or such later time as the Administrative Agent may approve in its sole discretion).

Appears in 1 contract

Sources: First Lien Credit Agreement (Allvue Systems Holdings, Inc.)

Borrowing Procedure. To request a Revolving Borrowing or Term Borrowing, the relevant Borrower shall deliver, by hand delivery, telecopier delivery or electronic mail (in pdf form and then followed by the original via overnight mail)telecopier, a duly completed and executed Borrowing Request to the Administrative Agent (i) in the case of a Eurodollar Borrowing, not later than 2:00 p.m.11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing or (ii) in the case of an ABR Borrowing, not later than 11:00 9:00 a.m., New York City time, on the date of the proposed Borrowing. Each Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such Borrowing; (cb) the date of such Borrowing, which shall be a Business Day; (dc) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (ed) 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”; (fe) the location (which shall be an account in the United States) and number of the relevant Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.02(c); and (gf) that the conditions set forth in Sections 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, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the relevant Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Sciele Pharma, Inc.)

Borrowing Procedure. (a) To request a Revolving Borrowing or Term BorrowingLoans, the Administrative Borrower shall deliver, by hand delivery, delivery or telecopier (or electronic mail (in pdf form and then followed by the original via overnight e-mail), a duly completed and executed Borrowing Request to the Administrative Agent (i) in the case of a Eurodollar BorrowingRevolving Loans, not later than 2:00 p.m.11:00 a.m., New York City time, three (3) Business Days before the date of the proposed Borrowing or Borrowing; (ii) in the case of an ABR BorrowingEuro Denominated Loans, not later than 11:00 a.m., New York City time, four (4) Business Days before the date of the proposed Borrowing; or (iii) in the case of ABR Loans, not later than 9:00 a.m., New York City time, on the date of the proposed Borrowingborrowing. Each Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.02: (ai) whether the requested Borrowing borrowing is to be a Borrowing borrowing of U.S. Revolving Loans, Australian Revolving Loans or Term Dutch Revolving Loans; (bii) the aggregate amount of such Borrowingborrowing; (ciii) the date of such Borrowingborrowing, which shall be a Business Day; (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (eiv) in the case of a Dollar Denominated Loans, whether such borrowing is to be for ABR Loans or Eurodollar BorrowingRevolving Loans; provided that all borrowings on the Closing Date shall be for ABR Loans; (v) in the case of Eurodollar Revolving Loans, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; provided that until the earlier of (A) the date on which the Arranger shall have notified the Borrowers that a Successful Syndication has been achieved and (B) the date that is ninety (90) days following the Closing Date, the Interest Period shall be one month, the Interest Period shall be one month; (fvi) the Borrower requesting such borrowing and the location (which shall be an account in the United States) and number of such Borrower’s account to which funds are to be disbursed; and, which shall comply with the requirements of Section 2.02(c); (gvii) that the conditions set forth in Sections 4.02(b)-(d) have been satisfied as of the proposed date of the noticeborrowing; and (viii) the Approved Currency for such borrowing. If no election as to the Type of Borrowing Loans is specified, then the requested Borrowing borrowing shall be an for ABR BorrowingLoans in dollars. If no Interest Period is specified with respect to any requested Eurodollar BorrowingRevolving Loan, then the Administrative Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this SectionSection 2.03, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Revolving Syndicated Facility Agreement (Tronox LTD)

Borrowing Procedure. To request a Revolving Borrowing or Term Borrowing, Borrower shall deliver, by hand delivery, telecopier delivery or electronic mail (in pdf form and then followed by the original via overnight mail)telecopy, a duly completed and executed Borrowing Request to the Administrative Agent (i) in the case of a Eurodollar Borrowing, not later than 2:00 p.m.11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing or (ii) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Each Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Borrowing of Tranche A-1 Revolving Loans or Term Loans; (b) the aggregate amount of such Borrowing; (c) the date of such Borrowing, which shall be a Business Day; (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) 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"; provided that until the date on which the Syndication Agent shall have notified Borrower that a Successful Syndication has been achieved, the Interest Period shall be seven days; (f) the location (which shall be an account in the United States) and number of Borrower’s 's account to which funds are to be disbursed, which shall comply with the requirements of Section 2.02(c); and (g) that the conditions set forth in Sections 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, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Revolving Borrowing, then Borrower shall be deemed to have selected an Interest Period of one month’s duration's duration (subject to the proviso in clause (e) above). Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s 's Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (PGT, Inc.)

Borrowing Procedure. To request a Revolving Borrowing or Term Borrowing, Borrower shall deliver, by hand deliverydelivery or facsimile (or transmit by other electronic transmission, telecopier or electronic mail (if arrangements for doing so have been approved in pdf form and then followed writing by the original via overnight mailAdministrative Agent), a duly completed and executed Borrowing Request to the Administrative Agent (i) in the case of a Eurodollar Borrowing, not later than 2:00 1:00 p.m., New York City time, three Business Days before the date of the proposed Borrowing or (ii) in the case of an ABR Borrowing, not later than 11:00 a.m.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 in compliance with Section 2.02information: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such Borrowing; (cb) the date of such Borrowing, which shall be a Business Day; (dc) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (ed) 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”; (fe) the location (which shall be an account in the United States) and number of Borrower’s account to which funds are to be disbursed; and (gf) that the conditions set forth in Sections 4.02(b)-(d) have been are satisfied as of the date of the notice. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this SectionSection 2.03, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (HC2 Holdings, Inc.)

Borrowing Procedure. To request a Revolving Borrowing or an Incremental Term Borrowing, Borrower shall deliver, by hand delivery, telecopier delivery or electronic mail (in pdf form and then followed by the original via overnight mail)telecopier, a duly completed and executed Borrowing Request to the Administrative Agent (i) in the case of a Eurodollar Borrowing, not later than 2:00 p.m.11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing or (ii) in the case of an ABR Borrowing, not later than 11:00 9:00 a.m., New York City time, on the date of the proposed Borrowing. Each Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Incremental Term Loans; (b) the aggregate amount of such Borrowing; (c) the date of such Borrowing, which shall be a Business Day; (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) 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”; (f) the location (which shall be an account in the United States) and number of Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.02(c); and (g) that the conditions set forth in Sections 4.02(b)-(d4.02(b) - (d) have been satisfied as of the date of the notice. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (SFBC International Inc)

Borrowing Procedure. To request a Revolving Borrowing or (i) an Initial Term BorrowingLoan rowing, Borrower shall deliver, by hand delivery, telecopier or electronic mail (in pdf form and then followed by the original via overnight mail), deliver a duly completed and executed Borrowing Request to the Administrative Agent (i) in the case of a Eurodollar Borrowing, not later than 2:00 3:00 p.m., New York City time, three one (1) Business Days Day before the date of the proposed Borrowing or and (ii) in the case of an ABR a Delayed Draw Term Loan Borrowing, Borrower shall deliver a duly completed and executed Borrowing Request to Administrative Agent not later than 11:00 a.m., New York City time, on ten (10) Business Days before the date of the proposed Borrowing. Each Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Borrowing of Revolving Initial Term Loans, Initial Delayed Draw Term Loans or Secondary Delayed Draw Term Loans; (b) the aggregate principal amount of such Borrowing; (c) the date of such Borrowing, which shall be a Business Day; (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) 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”; (f) the location (which shall be an account in the United States) and number of Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.02(c); (g) in the case such Borrowing is to be a Borrowing of Delayed Draw Term Loans, that the conditions set forth in Section 4.02 have been satisfied as of the date of the notice; and (gh) that the conditions set forth in Sections 4.02(b)-(d4.03(b)-(e) have been satisfied as of the date of the notice. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Term Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (AP Gaming Holdco, Inc.)

Borrowing Procedure. To request a Revolving Borrowing or Term Borrowing, the relevant Borrower shall deliver, by hand delivery, telecopier delivery or electronic mail (in pdf form and then followed by the original via overnight mail)telecopier, a duly completed and executed Borrowing Request to the relevant Administrative Agent (i) in the case of a Eurodollar Term Borrowing, not later than 2:00 p.m.11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing or Borrowing, (ii) in the case of an ABR a Revolving Borrowing, not later than 11:00 a.m. (London time) three Business Days before the date of the proposed Borrowing, (iii) in the case of a Revolving Borrowing in an Alternate Currency, not later than 11:00 a.m. (London time) four Business Days before the date of the proposed Borrowing or (iv) in the case of an ABR Term Borrowing, not later than 9:00 a.m., New York City time, on the date of the proposed Borrowing. Each Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such Borrowing; (c) the date of such Borrowing, which shall be a Business Day; (d) whether such Borrowing is to be an ABR Term Borrowing, a Eurodollar Term Borrowing or a Eurodollar Revolving Borrowing; (e) 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”; (f) in the location (case of a Revolving Borrowing, the Interest Period to be applicable thereto, which shall be an account in a period contemplated by the United Statesdefinition of the term “Interest Period”; (g) the location and number of the relevant Borrower’s account to which funds are to be disbursed; and, which shall comply with the requirements of Section 2.02(c); (gh) that the conditions set forth in Sections 4.02(b)-(d) have been satisfied as of the date of the notice; and (i) in the case of a Revolving Borrowing in an Alternate Currency, the Alternate Currency for such Borrowing. If no election as to the Type of Borrowing is specifiedspecified for a Term Borrowing, then the requested Borrowing shall be an ABR Term Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the relevant Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the relevant Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Petroleum Geo Services Asa)

Borrowing Procedure. To (1) Any Authorized Officer of the Borrower may request a Revolving Loan on behalf of the Borrower after the Effective Date and prior to the Termination Date in Dollars on any Business Day by giving the Agent telephonic, telex or facsimile notice (which notice shall be irrevocable once given and shall be promptly confirmed in writing if given telephonically) in the form of Exhibit B attached hereto ("Borrowing Request") or Term such other form as shall be acceptable to the Agent. Each Borrowing Request must be received by the Agent prior to 10:00 A.M., Chicago time, on the proposed date of such Borrowing (which must be a Business Day) in the case of Floating Rate Loans and prior to 10:00 A.M., Chicago time, three (3) Business Days prior to the proposed date of such Borrowing (which must be a Business Day) in the case of Eurodollar Loans and in each case shall specify (a) the principal amount of such Borrowing, Borrower shall deliver, by hand delivery, telecopier or electronic mail (in pdf form and then followed by b) the original via overnight mailproposed date of Borrowing (which must be a Business Day), a duly completed (c) the Type of Borrowing and executed Borrowing Request to the Administrative Agent (id) in the case of a Eurodollar Rate Borrowing, not later than 2:00 p.m.the initial Interest Period for such Borrowing. Promptly upon receipt of such Borrowing Request, New York City time, three Business Days before the date of the proposed Borrowing or (ii) in the case of an ABR Borrowing, not Agent shall advise each Lender thereof. Not later than 11:00 a.m.A.M., New York City Chicago time, on the date of a proposed Borrowing, each Lender shall provide the Agent at its principal office in Chicago with immediately available funds in an amount equal to such Lender's Percentage of the principal amount of the proposed BorrowingBorrowing specified in the Borrowing Request. Each Borrowing Request Floating Rate Loan shall be irrevocable and in a principal amount of $500,000 or an integral multiple thereof; each Eurodollar Loan shall specify be in a principal amount of $1,000,000 or an integral multiple thereof. All Borrowings shall be pro rata among the following information Lenders in compliance accordance with Section 2.02: (a) whether their respective Percentages. Not later than 1:00 P.M., Chicago time, on the requested proposed date of Borrowing is specified in the Borrowing Request, subject to be a Borrowing the satisfaction of the applicable conditions precedent set forth in Article V hereof, the Agent shall make the proceeds of each Revolving Loans or Term Loans; (b) Loan available to the aggregate Borrower by causing an amount of immediately available funds equal to the principal amount of such Borrowing; (c) the date of such Borrowing, which shall be a Business Day; (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) 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”; (f) the location (which shall be an account in the United States) and number of Borrower’s account to which funds are to be disbursed; and (g) that the conditions set forth in Sections 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, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Revolving Loan to be made as part credited to the account of the requested BorrowingBorrower at BAI unless otherwise required pursuant to the terms of this Agreement.

Appears in 1 contract

Sources: Secured Revolving Credit Agreement (Boston Chicken Inc)

Borrowing Procedure. To request a Revolving Borrowing or Term Borrowing, Borrower shall deliver, hand deliver or transmit by hand delivery, telecopier facsimile transmission (or transmit by other electronic mail (transmission if arrangements for doing so have been approved in pdf form and then followed writing by the original via overnight mailAdministrative Agent), a duly completed and executed Borrowing Request to the Administrative Agent (i) in the case of a Eurodollar Borrowing, not later than 2:00 1:00 p.m., New York City London time, three on the third Business Days Day before the date of the proposed Borrowing (or such later date and time as may be reasonably acceptable to the Administrative Agent) or (ii) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City London time, on the date Business Day of the proposed BorrowingBorrowing (or such later time on such Business Day as may be reasonably acceptable to the Administrative Agent). Each Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such Borrowing; (cb) the date of such Borrowing, which shall be a Business Day; (dc) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (ed) 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”; (fe) the location (which shall be an account in the United States) and number of Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.02(c); and (gf) that the applicable conditions set forth in Sections 4.02(b)-(d4.02(b), (c) have been and (d) are satisfied as of the date of the notice. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this SectionSection 2.03, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Revolving Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement

Borrowing Procedure. (a) To request a Revolving Borrowing or Term Borrowing, Borrower the Designated Company shall deliver, by hand delivery, telecopier or electronic mail (in pdf form and then followed or, to the extent separately agreed by the original via overnight mailAdministrative Agent, by an electronic communication in accordance with the second sentence of Section 11.01(b) and the second 1160381.015-CHISR02A - MSW paragraph of Section 11.01(d), a duly completed and executed Borrowing Request to the Administrative Agent (i) in the case of a Eurodollar Borrowing, not later than 2:00 p.m.10:00 a.m., New York City London time, three (3) Business Days before the date of the proposed Borrowing or (ii) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Each Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.02: (ai) whether the requested Borrowing is to be a Borrowing names of Revolving Loans or Term Loans; (bthe Co-Borrower(s) requesting such Borrowing(s) and the aggregate amount of such BorrowingBorrowing(s), together with a schedule attached to such Borrowing Request, which schedule shall specify the amount required to be funded by each Aleris Incremental Term Lender based on its pro rata share of the Aleris Incremental Term Loan Commitments (and which amount shall not exceed such Aleris Incremental Term Lender’s Aleris Incremental Term Loan Commitment), which amount shall give effect to any net funding in respect thereof in accordance with the terms of the applicable Fee Letters, and which schedule shall clearly indicate each Aleris Incremental Term Lender that is net funding (for the avoidance of doubt, only arranger fees may be net funded); (cii) the date of such BorrowingBorrowing(s), which shall be a Business Day; Day (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) and in the case of a Eurodollar Borrowingthe Aleris Incremental Term Loans, (x) such Business Day shall occur on or prior to the Aleris Incremental Commitment Termination Date, and (y) such date shall be the date that the Aleris Incremental Term Loans are to be funded into the Escrow Account pursuant to Section 2.21); (iii) the initial Interest Period to be applicable theretoto each such Borrowing, which shall be a period contemplated by the definition of the term “Interest Period” (and, in the case of the initial Interest Period applicable to Aleris Incremental Term Loans funded into the Escrow Account, shall be an Interest Period of one month); (fiv) the location (which shall be an account in the United States) and number of Borrower’s account such Co-Borrowers’ account(s) to which funds are to be disbursed, which shall comply with the requirements of Section 2.02(c); provided that, in the case of a Borrowing of Aleris Incremental Term Loans, such account shall be the Escrow Account; and (gv) in the case of the initial Credit Extension hereunder, under the Aleris Incremental Term Loan Commitments or under any Incremental Term Loan Commitments, that the conditions set forth in Sections 4.02(b)-(dSection 4.03(b) - (d) have been satisfied as of the date of the notice, and in the case of Aleris Incremental Term Loans, that the Aleris Acquisition Closing Date and the Aleris Incremental Funding Date is expected to occur within three Business Days after the date designated pursuant to clause (ii) above, and that the conditions referred to in Section 6 of the Aleris Increase Joinder Amendment shall be satisfied on the Aleris Incremental Funding Date. If no election as 1160381.015-CHISR02A - MSW Subject to the Type second proviso in the definition of Borrowing is specified“Interest Period,” and except as provided in Section 2.21, then the requested Borrowing shall be an ABR Borrowing. If if no Interest Period is specified with respect to any requested Eurodollar Rate Borrowing, then Borrower the Co-Borrowers shall be deemed to have selected an Interest Period of one three month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Novelis Inc.)

Borrowing Procedure. To request a Revolving Borrowing or Tranche B-1 Term Borrowing, Borrower shall deliver, by hand delivery, telecopier delivery or electronic mail (in pdf form and then followed by the original via overnight mail)telecopier, a duly completed and executed Borrowing Request to the Administrative Agent (i) in the case of a Eurodollar Borrowing, not later than 2:00 p.m.11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing or (ii) in the case of an ABR Borrowing, not later than 11:00 9:00 a.m., New York City time, on the date of the proposed Borrowing. Each Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Tranche B-1 Term Loans; (b) the aggregate amount of such Borrowing; (c) the date of such Borrowing, which shall be a Business Day; (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) 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”; (f) the location (which shall be an account in the United States) and number of Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.02(c); and (g) that the conditions set forth in Sections 4.02(b)-(d4.02(b)-(c) have been satisfied as of the date of the notice. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Regency Energy Partners LP)

Borrowing Procedure. To request a Revolving Borrowing or Term Borrowing, Borrower shall deliver, by hand delivery, telecopier facsimile or electronic mail (in pdf form and then followed by the original via overnight mail), a duly completed and executed Borrowing Request to the Administrative Agent (i) in the case of a Eurodollar Borrowing, not later than 2:00 p.m.11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing or (ii) in the case of an ABR Borrowing, not later than 11:00 9:00 a.m., New York City time, on the date of the proposed Borrowing. Each Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such Borrowing; (cb) the date of such Borrowing, which shall be a Business Day; (dc) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (ed) 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”; (fe) the location (which shall be an account in the United States) and number of Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.02(c); and (gf) that the conditions set forth in Sections 4.02(b)-(d4.02(b)-(c) have been satisfied as of the date of the notice. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Regency Energy Partners LP)

Borrowing Procedure. To request a Revolving Borrowing or Term Borrowing, the Borrower shall deliver, by hand delivery, telecopier delivery or electronic mail (in pdf form and then followed by the original via overnight mail)telecopy, a duly completed and executed Borrowing Request to the Administrative Agent (i) in the case of a Eurodollar Borrowing, not later than 2:00 p.m.11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing or (ii) in the case of an ABR Borrowing, not later than 11:00 10:00 a.m., New York City time, on the date of the proposed Borrowing. Each Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such Borrowing; (cb) the date of such Borrowing, which shall be a Business Day; (dc) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (ed) 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”; provided that until the earlier of (x) the date on which the Syndication Agent shall have notified the Borrower that a Successful Syndication has been achieved and (y) 60 days after the Closing Date, the Interest Period for any Loans shall be seven days; (fe) the location (which shall be an account in the United States) and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.02(c); and (gf) that the conditions set forth in Sections 4.02(b)-(d) Section 4.01 have been satisfied as of the date of the notice. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s durationduration (subject to the proviso in clause (e) above). Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Second Lien Credit Agreement (Ply Gem Holdings Inc)

Borrowing Procedure. To In order to request a Revolving Borrowing or Term Borrowing(other than a Swingline Loan, Borrower as to which this Section 2.03 shall deliver, by hand delivery, telecopier or electronic mail (in pdf form and then followed by the original via overnight mailnot apply), a duly completed and executed Borrowing Request Borrower shall hand deliver or telecopy to the Administrative Agent (i) a duly completed Borrowing Request in the case form of a Eurodollar Borrowing, not later than 2:00 p.m., New York City time, three Business Days before the date of the proposed Borrowing or Exhibit A (iia) in the case of an ABR Alternative Currency Borrowing and in the case of a LIBOR Borrowing, not later than 11:00 a.m., New York City time (or, if the Borrowing Request is delivered or telecopied to the Administrative Agent in London, 1:00 p.m., London time), three Business Days before a proposed Borrowing and (b) in the case of an ABR Borrowing denominated in Dollars, not later than 12:00 noon, New York City time, one Business Day before a proposed Borrowing; provided, however, that Borrowing Requests with respect to Borrowings to be made on the date Effective Date may, at the discretion of the proposed BorrowingAdministrative Agent, be delivered later than the times specified above. Each Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term Loans; (bi) the aggregate amount Borrower requesting such Borrowing (and be signed by or on behalf of such Borrowing; Borrower); (c) the date of such Borrowing, which shall be a Business Day; (dii) whether such Borrowing is to be an ABR a Periodic Access Borrowing, a U.S. $ Revolving Credit Borrowing or a Eurodollar Multi-Currency Revolving Credit Borrowing; ; (eiii) in whether the case of a Eurodollar Borrowing, the initial Interest Period Borrowing then being requested is to be applicable thereto, which shall be a period contemplated by LIBOR Borrowing or an ABR Borrowing; (iv) the definition number and location of the term “Interest Period”; (f) the location (which shall be an account in the United States) and number of Borrower’s account to which funds are to be disburseddisbursed (which shall be an account that complies with the requirements of Section 2.02(c) and, in the case of a Borrowing denominated in Dollars, shall be at an office of the Administrative Agent in New York City or London); (v) the date of such Borrowing (which shall be a Business Day and , in the case of a Periodic Access Borrowing to be made after the Effective Date, shall be within a Periodic Access Availability Period); (gvi) that the conditions amount of such Borrowing (which shall be expressed in Dollars, regardless of whether such Borrowing is an Alternative Currency Borrowing); (vii) the currency of such Borrowing (which shall be Dollars, in the case of any U.S. $ Revolving Credit Borrowing or ABR Borrowing, and otherwise shall be Dollars or an Alternative Currency); and (viii) if such Borrowing is to be a LIBOR 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 Sections 4.02(b)-(d) have been satisfied Section 2.02. If no election as to the currency of Borrowing is specified in any such notice, then the date of the noticerequested Borrowing shall be denominated in Dollars. If no election as to the Type of Borrowing is specifiedspecified in any such notice, then the requested Borrowing shall be an ABR BorrowingBorrowing if denominated in Dollars or a LIBOR Borrowing if denominated in an Alternative Currency. If no Interest Period is specified with respect to any requested Eurodollar BorrowingLIBOR Borrowing 43 38 is specified in any such notice, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Promptly following receipt The Administrative Agent shall promptly (and in any event on the same day that the Administrative Agent receives such notice, if received by 11:00 a.m., New York City time, on such day) advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), of each Lender's portion of the requested Borrowing and, in the case of an Alternative Currency Borrowing, of the Alternative Currency amount of such Borrowing and the Spot Exchange Rate utilized to determine such amount. If a Borrower in respect of an outstanding Revolving Credit Borrowing shall not have delivered a Borrowing Request in accordance with this SectionSection 2.03 prior to the end of the Interest Period then in effect for such Borrowing and requesting that such Borrowing be refinanced, then such Borrower shall (unless such Borrower has notified the Administrative Agent Agent, not fewer than three Business Days prior to the end of such Interest Period, that such Borrowing is to be repaid at the end of such Interest Period) be deemed to have delivered a Borrowing Request requesting that such Borrowing be refinanced with a new Revolving Credit Borrowing of equivalent amount in the same currency, and such new Borrowing shall advise each Lender be an ABR Borrowing if denominated in Dollars or a LIBOR Borrowing with an Interest Period of one month's duration if denominated in an Alternative Currency. The sum of (a) the aggregate principal amount of Borrowings by the EEIG Borrower, plus (b) the Aggregate L/C Exposure under Letters of Credit issued at the request of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested BorrowingEEIG Borrower, at any one time outstanding, shall not exceed $575,000,000.

Appears in 1 contract

Sources: Credit Agreement (American Standard Companies Inc)

Borrowing Procedure. To request a Revolving Borrowing or Term Borrowing, the Borrower shall deliver, by hand delivery, telecopier email through a “pdf” copy or facsimile transmission (or transmit by other electronic mail (transmission if arrangements for doing so have been approved in pdf form and then followed writing by the original via overnight mailAdministrative Agent), a duly completed and executed Borrowing Request to the Administrative Agent (i) in the case of a Eurodollar Term Borrowing, not later than 2:00 12:00 p.m., New York City time, three on the third Business Days Day before the date of the proposed Borrowing (or such later time as may be reasonably acceptable to the Administrative Agent, in the case of any Borrowing), (ii) in the case of an ABR Term Borrowing, not later than 11:00 a.m.4:00 p.m., New York City time, on the Business Day prior to the proposed Borrowing (or such later time on such Business Day as may be reasonably acceptable to the Administrative Agent) and (iii) in the case of any Revolving Borrowing, not later than 12:00 p.m., New York City time, on the fifth Business Day before the date of the proposed BorrowingBorrowing (or such later time as may be reasonably acceptable to the Administrative Agent). Each Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section ‎Section 2.02: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such Borrowing; (c) the date of such Borrowing, which shall be a Business Day; (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) 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”; (f) the location (which shall be an account in the United States) and number of the Borrower’s account to which funds are to be disbursed; and (g) that that, in the case of a Revolving Borrowing, the conditions set forth in Sections 4.02(b)-(d‎Section 4.02(b) have been and ‎Section 4.02(c) are satisfied as of the date of the notice and, in the case of a Delayed Draw Term Loan Borrowing, the conditions set forth in Section ‎4.03(b) and ‎4.03(c) are satisfied as of the date of the notice. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section‎Section 2.03, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Inotiv, Inc.)

Borrowing Procedure. To request a Revolving Borrowing or Term Borrowing, Borrower shall deliver, by hand delivery, telecopier delivery or electronic mail (in pdf form and then followed by the original via overnight mail)telecopy, a duly completed and executed Borrowing Request to the Administrative Agent (i) in the case of a Eurodollar Borrowing, not later than 2:00 p.m.11:00 a.m., New York City time, three on the third Business Days Day before the date of the proposed Borrowing or (ii) in the case of an ABR Borrowing, not later than 11:00 9:00 a.m., New York City time, on the date of the proposed Borrowing. Each Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such Borrowing; (c) the date of such Borrowing, which shall be a Business Day; (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) 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”; (f) the location (which shall be an account in the United States) and number of Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.02(c); and (g) that the conditions set forth in Sections 4.02(b)-(d4.02(b) have been – (d) are satisfied as of the date of the notice. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Revolving Borrowing, then Borrower shall be deemed to have selected an Interest Period of one month’s duration. Notwithstanding anything to the contrary, no Eurodollar Borrowings may be requested or made prior to 3 Business Days after the Closing Date. Promptly following receipt of a Borrowing Request in accordance with this SectionSection 2.03, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: First Lien Credit Agreement (Critical Homecare Solutions Holdings, Inc.)

Borrowing Procedure. To In order to request a Revolving Borrowing or Term Borrowing, the Borrower shall deliver, by hand delivery, telecopier or electronic mail (in pdf form and then followed by the original via overnight mail), a duly completed and executed Borrowing Request submit to the Administrative Agent (iby email with a signed pdf attached) a written Borrowing Request not later than 12:00 p.m. (noon), New York City time, five Business Days before a proposed Borrowing (such proposed date of Borrowing, the “Borrowing Date”) (or such shorter period as may be agreed to by the Administrative Agent and the Required Lenders); provided that, in the case of the Initial Term Loans, a Eurodollar Borrowing, written Borrowing Request shall be delivered to Administrative Agent not later than 2:00 p.m., New York City time, three two Business Days before prior to the date of the proposed Borrowing or (ii) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed BorrowingClosing Date. Each such Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.02: information: (ai) whether the Borrowing then being requested Borrowing is to be a Borrowing of Revolving Loans or Initial Term Loans; , Delayed Draw Term Loans or, subject to Section 2.01(c), Discretionary Delayed Draw Term Loans, and whether such Borrowing is to be a SOFR Borrowing or an ABR Borrowing; (b) the aggregate amount of such Borrowing; (cii) the date of such Borrowing, Borrowing (which shall be a Business Day; ); (diii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition number and location of the term “Interest Period”; (f) the location (which shall be an account in the United States) and number of Borrower’s account to which funds are to be disburseddisbursed (which may be provided by reference to a flow of funds or such other similar direction letter); and (giv) that the conditions set forth in Sections 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, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan Borrowing; and (v) if such Borrowing is to be made as part a SOFR Borrowing, the Interest Period with respect thereto; provided that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02; provided that the Borrowing Request delivered in respect of the requested Borrowing.Borrowing on the Closing Date may be revoked if

Appears in 1 contract

Sources: Credit Agreement (Yext, Inc.)

Borrowing Procedure. To request a Revolving Borrowing or Term BorrowingLoans, Borrower shall deliver, by hand delivery, telecopier or electronic e-mail through a “pdf” copy (in pdf form and then followed if arrangements for doing so have been approved by the original via overnight mailAdministrative Agent), a duly completed and executed Borrowing Request to the Administrative Agent (i) in the case of a Eurodollar BorrowingTerm Loans, not later than 2:00 p.m.12:00 noon, New York City time, three Business Days before the date of the proposed Borrowing Borrowing, or (ii) in the case of an ABR BorrowingTerm Loans, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowingborrowing. Each Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing borrowing is to be a Borrowing of Revolving borrowing Term Loans or Incremental Term Loans; (b) the aggregate amount of such Borrowingborrowing; (c) the date of such Borrowingborrowing, which shall be a Business Day; (d) whether such Borrowing borrowing is to be an for ABR Borrowing Term Loans or a Eurodollar BorrowingTerm Loans; provided that all borrowings on the Closing Date shall be for ABR Term Loans; (e) in the case of a Eurodollar BorrowingTerm Loans, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (f) the location (which shall be an account in the United States) and number of Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.02(c); and (g) that the conditions set forth in Sections 4.02(b)-(d) have been satisfied as of the date of the notice. If no election as to the Type of Borrowing Term Loans is specified, then the requested Borrowing borrowing shall be an for ABR BorrowingTerm Loans. If no Interest Period is specified with respect to any requested Eurodollar BorrowingTerm Loan, then Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Term Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Ivanhoe Energy Inc)

Borrowing Procedure. To request In order to effect a Revolving Borrowing or Term Borrowing, the Borrower shall deliver, by hand delivery, telecopier or electronic mail (in pdf form and then followed by the original via overnight mail), a duly completed and executed Borrowing Request deliver to the Administrative Agent a Borrowing Request or such other form as may be approved by the Administrative Agent (iincluding any form on an electronic platform or electronic transmission system as shall be approved by the Administrative Agent), appropriately completed and signed by a Responsible Officer of the Borrower (a) in the case of a Eurodollar LIBOR Borrowing, not later than 2:00 p.m.12:00 Noon, New York City time, three Business Days before the date of the a proposed Borrowing or Borrowing, and (iib) in the case of an ABR Borrowing, not later than 11:00 a.m.A.M., New York City time, on the date day of the a proposed Borrowing. Each Such Borrowing Request shall be irrevocable and shall in each case specify the following information in compliance with Section 2.02: (a) whether the Borrowing then being requested Borrowing is to be a LIBOR Borrowing of Revolving Loans or Term Loans; an ABR Borrowing, (b) the aggregate amount of such Borrowing; (c) the date of such Borrowing, Borrowing (which shall be a Business Day; ) and the amount thereof and (dc) whether if such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar LIBOR Borrowing, the initial Interest Period to be applicable with respect thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (f) the location (which shall be an account in the United States) and number of Borrower’s account to which funds are to be disbursed; and (g) that the conditions set forth in Sections 4.02(b)-(d) have been satisfied as of the date of the notice. If no election as to the Interest Rate Type of a Borrowing is specifiedspecified in any such Borrowing Request, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar BorrowingLIBOR Borrowing is specified in any such Borrowing Request, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the The Administrative Agent shall promptly advise each Lender the applicable Lenders of the details thereof any Borrowing Request given pursuant to this Section 2.3 and of the amount of such each Lender’s Loan to be made as part portion of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Wyndham Worldwide Corp)

Borrowing Procedure. To In order to request a Revolving Borrowing (other than a deemed Borrowing pursuant to Section 2.02(e) as to which this Section 2.03 shall not apply; a conversion or continuation of a Borrowing pursuant to Section 2.10 or capitalization of any interest constituting Term Borrowing, Borrower shall deliver, by hand delivery, telecopier or electronic mail (in pdf form and then followed by the original via overnight mailLoan PIK Interest pursuant to Section 2.06(d), Third Amendment PIK Interest pursuant to Section 2.06(e) or a duly completed and executed Borrowing Request of a Third Amendment Incremental Term Loan), the U.S. Borrower or Cayman Borrower, as applicable, shall deliver to the Administrative Agent a written Borrowing Request (ia) in the case of a Eurodollar Borrowing, not later than 2:00 p.m.12:00 (noon), New York City time, three Business Days before the date of the a proposed Borrowing (or as otherwise agreed by the Administrative Agent in its sole discretion), and (iib) in the case of an ABR Borrowing, not later than 11:00 10:00 a.m., New York City time, on the date day of the a proposed Borrowing. Each such Borrowing Request shall be irrevocable (except for Borrowing Requests conditioned on the occurrence of the Third Restatement Date or the consummation of any Permitted Acquisition), and shall specify the following information in compliance with Section 2.02: information: (ai) 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 of Revolving Loans or Term Loans; an ABR Borrowing; (b) the aggregate amount of such Borrowing; (cii) the date of such Borrowing, Borrowing (which shall be a Business Day; ); (diii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition number and location of the term “Interest Period”; (f) the location (which shall be an account in the United States) and number of Borrower’s account to which funds are to be disbursed; and (giv) that the conditions amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto (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 Sections 4.02(b)-(d) have been satisfied as of the date of the noticeSection 2.02. If no election as to the Type of Borrowing is specifiedspecified 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 is specified with respect to any requested Eurodollar BorrowingBorrowing 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 duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the The Administrative Agent shall promptly advise each Lender the applicable Lenders of any notice given pursuant to this Section 2.03 (and the details thereof contents thereof), and of the amount of such each Lender’s Loan to be made as part portion of the requested Borrowing.

Appears in 1 contract

Sources: Incremental Assumption Agreement and Third Amendment to Third Amended and Restated Credit Agreement (Lindblad Expeditions Holdings, Inc.)

Borrowing Procedure. To request a Revolving Borrowing or Term Borrowing, Borrower shall deliver, by hand deliverydelivery or facsimile (or transmit by other electronic transmission, telecopier or electronic mail (if arrangements for doing so have been approved in pdf form and then followed writing by the original via overnight mailAdministrative Agent), a duly completed and executed Borrowing Request to the Administrative Agent (i) in the case of a Eurodollar Borrowing, not later than 2:00 1:00 p.m., New York City time, three Business Days before the date of the proposed Borrowing or (ii) in the case of an ABR Borrowing, not later than 11:00 a.m.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 in compliance with Section 2.02information: (a) whether the requested Borrower is requesting an Initial Interim Term Loan Borrowing is to be or a Borrowing of Revolving Loans or Delayed Draw Interim Term LoansLoan Borrowing; (b) the aggregate amount of such Borrowing; (c) the date of such Borrowing, which shall be a Business Day; (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) 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”; (f) the location (which shall be an account in the United States) and number of Borrower’s account to which funds are to be disbursed; and (g) that the conditions set forth in Sections 4.02(b)-(d4.02(b)-(c) have been are satisfied as of the date of the notice. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this SectionSection 2.03, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (HC2 Holdings, Inc.)

Borrowing Procedure. (a) To request a Revolving Borrowing or a Term Borrowing, the Borrower shall deliverdeliver a written request (by email through a “pdf” copy, or facsimile transmission (or transmit by hand delivery, telecopier or other electronic mail (transmission) if arrangements for doing so have been approved in pdf form and then followed writing by the original via overnight mailAdministrative Agent)), a duly completed and executed Borrowing Request to the Administrative Agent (i) in the case of a Eurodollar Borrowing, not later than 2:00 p.m., New York City time, three Business Days before the date of the proposed Borrowing or (ii) in the case of an ABR Borrowing, not later than 11:00 a.m.1:00 pm, New York City time, on the third Business Day before the date of the proposed Borrowing. Each Borrowing Request for a Revolving Loan or a Term Loan shall be irrevocable and shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term Loans; (bi) the 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); (cii) the date of such Borrowing, which shall be a Business Day; (diii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) 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” contained herein; (fiv) the location (which shall be an account in the United States) and number of the respective Borrower’s account to which funds are to be disbursed; and, which shall comply with the requirements of Section 2.02(c); (gv) that the conditions set forth in Sections 4.02(b)-(d4.02(b) have been and (c) are satisfied as of the date of the notice. If no election as to the Type of Borrowing is specified, then ; and (vi) whether the requested Borrowing shall is to be an ABR a Revolving Borrowing or a Term Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s three months’ duration. Promptly following receipt of a Borrowing Request in accordance with this SectionSection 2.03, the Administrative Agent shall advise each applicable Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (International Seaways, Inc.)

Borrowing Procedure. To request a Revolving Borrowing or Term B Borrowing, Borrower shall deliver, by hand delivery, telecopier delivery or electronic mail (in pdf form and then followed by the original via overnight mail)telecopy, a duly completed and executed Borrowing Request to the Administrative Agent (i) in the case of a Eurodollar Borrowing, not later than 2:00 p.m.11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing or (ii) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on one Business Day before the date of the proposed Borrowing. Each Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term B Loans; (b) the aggregate amount of such Borrowing; (c) the date of such Borrowing, which shall be a Business Day; (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; provided that Eurodollar Borrowings shall not be available until the earlier of (i) August 31, 2004 and (ii) the date on which the Syndication Agent shall have notified Borrower that a Successful Syndication has been achieved ; provided further, however, that if on August 31, 2004, the Syndication Agent shall not have notified Borrower that a Successful Syndication has been achieved, then Borrower shall only be entitled to select Interest Periods for Eurodollar Borrowings of one month until it has been so notified; (e) 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"; (f) the location (which shall be an account in the United States) and number of Borrower’s 's account to which funds are to be disbursed, which shall comply with the requirements of Section 2.02(c); and (g) that the conditions set forth in Sections 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, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Revolving Borrowing, then Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s 's Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Quest Resource Corp)

Borrowing Procedure. To request a Revolving Borrowing or Term Borrowing, Borrower shall deliver, by hand deliverydelivery or facsimile (or transmit by other electronic transmission, telecopier or electronic mail (in pdf form and then followed by the original via overnight mailaccordance with Section 11.01(b)), a duly completed and executed Borrowing Request to the Administrative Agent (i) in the case of a Eurodollar Borrowing, not later than 2:00 p.m.11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing or (ii) in the case of an ABR Borrowing, not later than 11:00 9:00 a.m., New York City time, on the date of the proposed Borrowing. Each Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such Borrowing; (c) the date of such Borrowing, which shall be a Business Day; (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) 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”; (f) the location (which shall be an account in the United States) and number of Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.02(c); and (g) that the conditions set forth in Sections 4.02(b)-(d) have been are satisfied as of the date of the notice. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Revolving Borrowing, then Borrower shall be deemed to have selected an Interest Period of one month’s duration. Notwithstanding anything to the contrary, no Eurodollar Borrowings may be requested or made prior to the date that is three Business Days after the Closing Date. Promptly following receipt of a Borrowing Request in accordance with this SectionSection 2.03, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (PHC Inc /Ma/)

Borrowing Procedure. To request a Revolving Borrowing or Term Borrowing, Borrower shall deliver, by hand delivery, telecopier delivery or electronic mail (in pdf form and then followed by the original via overnight mail)telecopy, a duly completed and executed Borrowing Request to the Administrative Agent (i) in the case of a Eurodollar Borrowing, not later than 2:00 p.m.11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing or (ii) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Each Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such Borrowing; (cb) the date of such Borrowing, which shall be a Business Day; (dc) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (ed) 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"; provided that until the date on which the Syndication Agent shall have notified Borrower that a Successful Syndication has been achieved, the Interest Period shall be seven days; (fe) the location (which shall be an account in the United States) and number of Borrower’s 's account to which funds are to be disbursed, which shall comply with the requirements of Section 2.02(c); and (gf) that the conditions set forth in Sections 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, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then 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). Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s 's Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Second Lien Credit Agreement (PGT, Inc.)

Borrowing Procedure. To request (i) Each Borrowing shall be in a Revolving minimum amount of $5,000,000 in the case of a Borrowing of SOFR Loans or Term BorrowingEurocurrency Loans, Borrower or $1,000,000, in the case of a Borrowing of ABR Loans, or in each case an integral multiple of $1,000,000 in excess thereof (or, in the case of a Borrowing denominated in an Alternate Currency, the Alternate Currency Equivalent thereof, rounded to the nearest 1,000 units of such Alternate Currency), and shall deliver, by hand delivery, telecopier or electronic mail (in pdf form and then followed be made on notice by the original via overnight mail), a duly completed and executed Borrowing Request requesting Borrower to the Administrative Agent not later than 11:00 a.m. (iNew York time) on (x) the third Business Day prior to the date of such Borrowing in the case of a Borrowing consisting of SOFR Loans, (y) the fourth Business Day prior to the date of such Borrowing in the case of a Borrowing consisting of Eurocurrency Loans denominated in an Alternate Currency or (z) on the date of such Borrowing in the case of a Borrowing consisting of ABR Loans, and the Administrative Agent shall give each Lender prompt notice thereof. (ii) Each such notice of a Borrowing (a “Notice of Borrowing”) shall be irrevocable and binding on the Borrowers and shall be in substantially the form of Exhibit C, specifying therein the requested (1) date of such Borrowing (which shall be a Business Day), (2) Type of Loans comprising such Borrowing, (3) Class of Loans comprising such Borrowing, (4) the applicable Borrowing Category (or as applicable Borrowing Categories), (5) aggregate amount of such Borrowing, stated in Dollars, and the Currency thereof and (6) in the case of a Eurodollar BorrowingBorrowing of SOFR Loans or Eurocurrency Loans, not later than 2:00 p.m.initial Interest Period for such Loans. (iii) Each Lender shall, before 1:00 p.m. (New York City time, three Business Days before the date of the proposed Borrowing or (ii) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Each Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such Borrowing; (c) the date of such Borrowing, which shall be a Business Day;make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent’s Account, in same day funds, such ▇▇▇▇▇▇’s ratable portion of such Borrowing. (div) whether After the Administrative Agent’s receipt of such Borrowing is funds, and subject to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition satisfaction of the term “Interest Period”; (f) the location (which shall be an account in the United States) and number of Borrower’s account to which funds are to be disbursed; and (g) that the applicable conditions set forth in Sections 4.02(b)-(d) have been satisfied as of Article IV, the date of the notice. If no election as Administrative Agent will make such funds available to the requesting Borrower by promptly crediting the amounts so received, in like funds, to such account of such Borrower as the Administrative Agent and such Borrower may agree. (v) If the requesting Borrower fails to specify a Type of Borrowing is specifiedLoan in a Notice of Borrowing, then the requested Borrowing applicable Loans shall be an made as ABR BorrowingLoans. If no Interest Period is specified the requesting Borrower fails to provide a timely notice of Conversion or Continuation with respect to any requested Eurodollar Borrowinga Borrowing of SOFR Loans or Eurocurrency Loans, then such Borrower shall be deemed to have selected requested a Continuation with respect thereto with an Interest Period of one month’s duration. Promptly following receipt of If the requesting Borrower requests a Borrowing Request of, Conversion to, or Continuation of SOFR Loans or Eurocurrency Loans in accordance any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. If the requesting Borrower requests a Borrowing of, Conversion to, or Continuation of SOFR Loans or Eurocurrency Loans in any such Notice of Borrowing, but fails to specify the Currency thereof, it will be deemed to have specified SOFR Loans in Dollars. (vi) After giving effect to all Borrowings, all Conversions and all Continuations, there shall not be more than 15 Interest Periods in effect. Notwithstanding the foregoing no Borrower shall be entitled to request, or to elect to convert or continue, any Borrowing if the Interest Period request (i) with this Section, respect to a Borrowing of 2026 Tranche Revolving Loans would end after the Administrative Agent shall advise each Lender 2026 Termination Date and (ii) with respect to a Borrowing of 2027 Tranche Revolving Loans would end after the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing2027 Termination Date.

Appears in 1 contract

Sources: Revolving Credit Agreement (Carlyle Group Inc.)

Borrowing Procedure. To request (i) Each Borrowing shall be in a Revolving minimum amount of $5,000,000 in the case of a Borrowing of Eurocurrency Loans, or Term Borrowing$1,000,000, Borrower in the case of a Borrowing of ABR Loans, or in each case an integral multiple of $1,000,000 in excess thereof (or, in the case of a Borrowing denominated in an Alternate Currency, the Alternate Currency Equivalent thereof, rounded to the nearest 1,000 units of such Alternate Currency), and shall deliver, by hand delivery, telecopier or electronic mail (in pdf form and then followed be made on notice by the original via overnight mail), a duly completed and executed Borrowing Request requesting Borrower to the Administrative Agent not later than 11:00 a.m. (iNew York time) on the third Business Day (or, with respect to Interest Periods other than one, two, three or six months, fourth Business Day) prior to the date of such Borrowing in the case of a Borrowing consisting of Eurocurrency Loans or not later than 11:00 a.m. (New York time) on the date of such Borrowing in the case of a Borrowing consisting of ABR Loans, and the Administrative Agent shall give each Lender prompt notice thereof. (ii) Each such notice of a Borrowing (a “Notice of Borrowing”) shall be irrevocable and binding on the Borrowers and shall be in substantially the form of Exhibit C, specifying therein the requested (1) date of such Borrowing (which shall be a Business Day), (2) Type of Loans comprising such Borrowing, (3) aggregate amount of such Borrowing, stated in Dollars, and the Currency thereof and (4) in the case of a Eurodollar BorrowingBorrowing of Eurocurrency Loans (other than ▇▇▇▇▇ Rate Loans), not later than 2:00 p.m.initial Interest Period for such Loans. (iii) Each Lender shall, before 1:00 p.m. (New York City time, three Business Days before the date of the proposed Borrowing or (ii) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Each Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such Borrowing; (c) the date of such Borrowing, which shall be a Business Day;make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent’s Account, in same day funds, such Lender’s ratable portion of such Borrowing. (div) whether After the Administrative Agent’s receipt of such Borrowing is funds, and subject to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition satisfaction of the term “Interest Period”; (f) the location (which shall be an account in the United States) and number of Borrower’s account to which funds are to be disbursed; and (g) that the applicable conditions set forth in Sections 4.02(b)-(d) have been satisfied as of Article IV, the date of the notice. If no election as Administrative Agent will make such funds available to the requesting Borrower by promptly crediting the amounts so received, in like funds, to such account of such Borrower as the Administrative Agent and such Borrower may agree. (v) If the requesting Borrower fails to specify a Type of Borrowing is specifiedLoan in a Notice of Borrowing, then the requested Borrowing applicable Loans shall be an made as ABR BorrowingLoans. If no Interest Period is specified the requesting Borrower fails to provide a timely notice of Conversion or Continuation with respect to any requested Eurodollar Borrowinga Borrowing of Eurocurrency Loans (other than ▇▇▇▇▇ Rate Loans), then such Borrower shall be deemed to have selected requested a Continuation with respect thereto with an Interest Period of one month’s duration. Promptly following receipt of If the requesting Borrower requests a Borrowing Request of, Conversion to, or Continuation of Eurocurrency Loans (other than ▇▇▇▇▇ Rate Loans) in accordance with this Sectionany such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. If the Administrative Agent requesting Borrower requests a Borrowing of, Conversion to, or Continuation of Eurocurrency Loans in any such Notice of Borrowing, but fails to specify the Currency thereof, it will be deemed to have specified such Loans in Dollars. (vi) After giving effect to all Borrowings, all Conversions and all Continuations, there shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to not be made as part of the requested Borrowingmore than 15 Interest Periods in effect.

Appears in 1 contract

Sources: 364 Day Revolving Credit Agreement (KKR & Co. Inc.)

Borrowing Procedure. To request a Revolving Borrowing or Term Borrowing, Borrower shall deliver, by hand delivery, telecopier delivery or electronic mail (in pdf form and then followed by the original via overnight mail)telecopier, a duly completed and executed Borrowing Request to the Administrative Agent (i) in the case of a Eurodollar Borrowing, not later than 2:00 p.m.11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing Borrowing, subject to Borrower executing a satisfactory prefunding agreement with the Administrative Agent or (ii) in the case of an ABR Borrowing, not later than 11:00 9:00 a.m., New York City time, on one Business Day before the date of the proposed Borrowing. Each Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such Borrowing; (c) the date of such Borrowing, which shall be a Business Day; (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) 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”; (f) the location (which shall be an account in the United States) and number of Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.02(c); and (g) that the conditions set forth in Sections 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, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Banta Corp)

Borrowing Procedure. To request a Revolving Each Borrowing or Term Borrowing, shall be made upon prior written notice from the Applicable Borrower shall deliver, by hand delivery, telecopier or electronic mail (in pdf form and then followed by the original via overnight mail), a duly completed and executed Borrowing Request to the Administrative Applicable Agent in the form of Exhibit E (ia “Notice of Borrowing”). Such Notice of Borrowing shall be delivered to the Applicable Agent, (a) in the case of a Eurodollar BorrowingRevolving Borrowings that are CB Floating Rate Loans, not later than 2:00 p.m.10:00 a.m., New York City timeHouston Time, three Business Days before on the date of the proposed requested Borrowing or Date; (iib) in the case of an ABR BorrowingEurocurrency Borrowings that are denominated in US Dollars, not later than 11:00 10:00 a.m., New York City timeLocal Time, three (3) Business Days prior to the requested Borrowing Date; (c) in the case of Alternative Currency Loans, as provided in Section 2.4(c); and (d) in the case of Swingline Loans, as provided in Section 2.6; provided that any such notice of a CB Floating Rate Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.7(d) may be given not later than 9:00 a.m., Houston Time, on the date of the proposed Borrowing. Each Notice of Borrowing Request shall be irrevocable and shall specify (i) the following information identity of the Applicable Borrower; (ii) the aggregate principal amount of the requested Borrowing; (iii) the currency in compliance with which such Borrowing shall be denominated (which shall be a currency permitted by Section 2.02: 2.2(b)); (aiv) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term Loans; Date (b) the aggregate amount of such Borrowing; (c) the date of such Borrowing, which shall be a Business Day; Day with respect to such Borrowing); (dv) whether such the Class and Type of Borrowing is requested; (vi) with respect to be an ABR any Eurocurrency Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar CDOR Borrowing, the initial Interest Period to be applicable thereto, to such Borrowing (which shall be a period contemplated by the definition of the term “Interest Period”; ); and (fvii) the location (which shall be an account in the United States) and number of the Applicable Borrower’s account to in which funds the proceeds of the requested Borrowing are to be disbursed; and (g) that deposited or, in the conditions set forth in Sections 4.02(b)-(d) have been satisfied case of a CB Floating Rate Borrowing requested to finance the reimbursement of an LC Disbursement as contemplated by Section 2.7(d), the identity and the account of the date Issuing Bank to be reimbursed. If no currency is specified in a Notice of Borrowing, the noticerequested Borrowing (x) if to the Borrower, shall be denominated in US Dollars; (y) if to the Canadian Borrower, shall be denominated in Canadian Dollars; and (z) if to the UK Borrower, shall be denominated in Sterling. If no election as to the Type of Borrowing is specifiedspecified in a Notice of Borrowing, then the requested Borrowing shall be an ABR (A) if denominated in US Dollars, a CB Floating Rate Borrowing; (B) if denominated in Canadian Dollars, a Canadian Prime Borrowing; and (C) if denominated in Sterling or Euro, a Eurocurrency Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing or CDOR Borrowing, then the Applicable Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following upon its receipt of a Borrowing Request in accordance with this SectionNotice of Borrowing, the Administrative Applicable Agent shall advise each Lender that will make a Loan as part of the requested Borrowing of the details thereof and thereof, the identity of the Applicable Borrower, the currency in which such Revolving Borrowing is to be denominated, the amount of such Lender’s Loan to be made as part of the requested Borrowing, the interest rate option and, if any, the Interest Period selected, and the proposed Borrowing Date. The Applicable Borrower may give the Applicable Agent telephonic notice by the required time of any proposed Borrowing under this Section 2.3; provided that such telephonic notice shall be irrevocable and shall be promptly confirmed in writing by delivery to the Applicable Agent of a Notice of Borrowing. Neither any Applicable Agent nor any Lender shall incur any liability to any Borrower or any other Person in acting upon any telephonic notice referred to above which such Applicable Agent believes in good faith to have been given by any Borrower or for otherwise acting in good faith under this Section 2.3.

Appears in 1 contract

Sources: Credit Agreement (Mens Wearhouse Inc)

Borrowing Procedure. To request (a) Each Borrowing of Loans shall be made on notice, given not later than (i) 12:00 Noon, New York City time, on the third Business Day prior to the date of the proposed Borrowing (in the case of a Revolving Borrowing or Term Borrowingof Loans to consist of LIBO Rate Loans) and (ii) 12:00 Noon, Borrower shall deliverNew York City time, on the Business Day of the proposed Borrowing (in the case of a Borrowing of Loans to consist of Base Rate Loans), by hand delivery, telecopier or electronic mail (in pdf form and then followed by the original via overnight mail), a duly completed and executed Borrowing Request Borrower to the Administrative Agent Agent, which shall give to each Lender prompt notice thereof by facsimile transmission. Each such notice of a Borrowing of Loans shall be made in writing, in substantially the form of a Borrowing Request, specifying therein (i) the requested date of such Borrowing (which shall be a Business Day), (ii) whether such Borrowing is to be a LIBO Rate Loan or a Base Rate Loan, (iii) the requested aggregate amount of such Borrowing, (iv) in the case of a Eurodollar BorrowingLIBO Rate Loan, not later than the initial Interest Period therefor and (v) the location and number of the Borrower's account to which funds are to be disbursed. (b) Each Lender shall make each Loan to be made by it hereunder on the proposed date thereof by wire transfer of immediately available funds by 2:00 p.m., New York City time, three Business Days before to the date account of the proposed Borrowing or (ii) Administrative Agent most recently designated by it for such purpose by notice to the Lenders. The Administrative Agent will make such Loans available to the Borrower by promptly crediting the amounts so received, in like funds, to an account of the Borrower and designated by the Borrower in the case applicable Borrowing Request; provided that Borrowings made to finance the reimbursement of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Each Borrowing Request LC Disbursement as provided in Section 2.6.6 shall be irrevocable and shall specify remitted by the following information Administrative Agent to the Issuing Lender specified in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such Borrowing;2.6.6. (c) the date of such Borrowing, which shall be a Business Day; (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) 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”; (f) the location (which shall be an account in the United States) and number of Borrower’s account to which funds are to be disbursed; and (g) that the conditions set forth in Sections 4.02(b)-(d) have been satisfied as of the date of the notice. If no election as to the Type type of Borrowing a Loan is specified, then the requested Borrowing Loan shall be an ABR Borrowinga Base Rate Loan. If no Interest Period is specified with respect to any requested Eurodollar BorrowingLIBO Rate Loan, then Borrower the requested Loan shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of made instead as a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested BorrowingBase Rate Loan.

Appears in 1 contract

Sources: Credit Agreement (Edison Mission Energy)

Borrowing Procedure. To request a Revolving Borrowing or Term BorrowingLoans, Borrower shall deliver, by hand delivery, telecopier delivery or electronic mail (in pdf form and then followed by the original via overnight mail)telecopier, a duly completed and executed Borrowing Request to the Administrative Agent (i) in the case of a Eurodollar BorrowingLoans, not later than 2:00 p.m.11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing or (ii) in the case of an ABR BorrowingLoans, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowingborrowing; 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 and shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Borrowing aggregate amount of Revolving Loans or Term Loanssuch borrowing; (b) the aggregate amount of such Borrowing; (c) the date of such Borrowingborrowing, which shall be a Business Day; (dc) whether such Borrowing borrowing is to be an for ABR Borrowing Loans or a Eurodollar BorrowingLoans; (ed) in the case of a Eurodollar BorrowingLoans, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (fe) the location (which shall be an account in the United States) and number of Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.02(c); and (gf) that the conditions set forth in Sections 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, then the requested Borrowing borrowing shall be an for ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then Borrower shall be deemed to have selected an Interest Period of one month’s durationLoans. Promptly following receipt of a Borrowing Request in accordance with this SectionSection 2.03, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Norcraft Holdings, L.P.)

Borrowing Procedure. To request a Revolving Borrowing or Incremental Term Borrowing, Borrower shall deliver, by hand delivery, telecopier delivery or electronic mail (in pdf form and then followed by the original via overnight mail)telecopier, a duly completed and executed Borrowing Request to the Administrative Agent (i) in the case of a Eurodollar Borrowing, not later than 2:00 p.m.11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing or (ii) in the case of an ABR Borrowing, not later than 11:00 9:00 a.m., New York City time, on the date of the proposed Borrowing. Each Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Incremental Term Loans; (b) the aggregate amount of such Borrowing; (c) the date of such Borrowing, which shall be a Business Day; (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) 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”; (f) the location (which shall be an account in the United States) and number of Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.02(c); and (g) that the conditions set forth in Sections 4.02(b)-(d4.02(b)-(c) have been satisfied as of the date of the notice. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Regency Energy Partners LP)

Borrowing Procedure. To request In order to effect a Revolving Borrowing or Term Borrowing, the Borrower shall deliver, hand deliver or telecopy (or transmit by hand delivery, telecopier or electronic mail (in pdf form and then followed communications pursuant to procedures approved by the original via overnight mail), a duly completed and executed Borrowing Request Administrative Agent) to the Administrative Agent a Borrowing Request (ia) in the case of a Eurodollar LIBOR Borrowing, not later than 2:00 p.m.11:00 a.m., New York City time, three Business Working Days before the date of the a proposed Borrowing or and (iib) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date day of the a proposed Borrowing. Each Borrowing Request Such notice shall be irrevocable and shall in each case specify the following information in compliance with Section 2.02: (aA) whether the Borrowing is under the Tranche A Facility or the Tranche B Facility, (B) whether the Borrowing then being requested is to be a LIBOR Borrowing or an ABR Borrowing, (C) the date of such Borrowing (which shall be a Working Day) and the amount thereof and (D) if such Borrowing is to be a Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such Borrowing; (c) the date of such Borrowing, which shall be a Business Day; (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar LIBOR Borrowing, the initial Interest Period to with respect thereto. No Borrowing may be applicable thereto, which shall be a period contemplated by made under the definition of Tranche B Facility if there is unused available Borrowing capacity under the term “Interest Period”; (f) the location (which shall be an account in the United States) and number of Borrower’s account to which funds are to be disbursed; and (g) that the conditions set forth in Sections 4.02(b)-(d) have been satisfied as of the date of the noticeTranche A Facility. If no election as to the Interest Rate Type of a Borrowing is specifiedspecified in any such Borrowing Request, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar BorrowingLIBOR Borrowing is specified in any such Borrowing Request, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request If the Borrower shall not have given notice in accordance with this SectionSection 2.5 of its election to refinance a Borrowing prior to the end of the Interest Period in effect for such Borrowing, then the Borrower shall (unless such Borrowing is repaid at the end of such Interest Period) be deemed to have given notice of an election to refinance such Borrowing with an ABR Borrowing. The Administrative Agent shall promptly advise each Lender the applicable Lenders of the details thereof any notice given pursuant to this Section 2.5 and of the amount of each such Lender’s Loan to be made as part portion of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (PHH Corp)

Borrowing Procedure. (a) To request a Revolving Borrowing or Term Borrowing(subject to Section 2.17(e) with respect to European Swingline Loans), Borrower the Administrative Borrower, on behalf of the applicable Borrower, shall deliver, by hand delivery, telecopier or electronic mail (in pdf form and then followed or, to the extent separately agreed by the original via overnight mailAdministrative 1096351.01A-CHISR01A1096355.04J-CHISR01A - MSW 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 (i) (A) prior to the USD LIBOR Transition Date, in the case of a Eurodollar BorrowingEurocurrency Borrowing (other than a Eurocurrency Borrowing made in GBP), not later than 2:00 p.m.12:00 noon, New York City time, three (3) Business Days before the date of the proposed Borrowing, (iior (B) thereafter, in the case of a Borrowing of SOFR Rate Loans, not later than 12:00 noon, New York time, three (3) RFR Business Days before the date of the proposed Borrowing, (iii) in the case of a EURIBOR Borrowing, or a Eurocurrency Borrowing made in GBP, not later than 11:00 a.m., London time, three (3) Business Days before the date of the proposed Borrowing, or (iiiiv) in the case of a Borrowing of RFR Loans (other than SOFR Rate Loans), not later than 11:00 a.m. London time, five (5) RFR Business Days before the date of the proposed Borrowing or (iiiv) in the case of an ABR a Base Rate Borrowing, not later than 11:00 a.m.12:00 noon, New York City time, on the date of the proposed Borrowing. All Borrowing Requests which are not made on-line via the Administrative Agent’s electronic platform or portal shall be subject to (and unless the Administrative Agent elects otherwise in the exercise of its sole discretion, such Borrowings shall not be made until the completion of) the Administrative Agent’s authentication process (with results satisfactory to the Administrative Agent) prior to the funding of any such requested Borrowing. Each Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term Loans; (bi) the aggregate amount of such Borrowing; (cii) the date of such Borrowing, which shall be a Business Day; (diii) whether such Borrowing shall constitute a Borrowing of U.S. Revolving Loans, U.K. Revolving Loans, German Revolving Loans or Swiss Revolving Loans; (iv) in the case of Dollar Denominated Loans, whether such Borrowing is to be an ABR (x) a Base Rate Borrowing or (y) (I) prior to the USD LIBOR Transition Date, a Eurocurrency Borrowing or (II) thereafter, a SOFR Rate Borrowing; provided, that Base Rate Borrowings may only be made to U.S. Borrowers or to the Canadian Borrower, whether such Borrowing is to be a Base Rate Borrowing or a Eurodollar Eurocurrency Borrowing; (ev) (x) in the case of U.S. Revolving Loans, whether such Borrowing is to be made to the U.S. Borrowers or the Canadian Borrower, and the names of the applicable Borrowers and (y) in the case of a Eurodollar German Revolving Loan or a Swiss Revolving Loan, the names of the applicable Borrowers; (vi) in the case of a Eurocurrency Borrowing or, EURIBOR Borrowing or a Term RFR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated contemplated, as applicable, by the definition of the term “Eurocurrency Interest Period”; ,” or “EURIBOR Interest Period” or “Term RFR Interest Period” (f) the location (which and shall be an account in the United States) and number of Borrower’s account to which funds are to be disbursed; and (g) that the conditions set forth in Sections 4.02(b)-(d) not have been satisfied as of the date of the notice. If no election as removed pursuant to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.Section 2.11(d));

Appears in 1 contract

Sources: Credit Agreement (Novelis Inc.)