Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan as to which this Section shall not apply), the Borrower shall hand deliver or fax to the Administrative Agent (or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon (New York City time) three Business Days before a proposed Borrowing, and (b) in the case of an ABR Borrowing, not later than 12:00 noon (New York City time) one Business Day before the proposed Borrowing. Each Borrowing Request shall be irrevocable, shall be signed by or on behalf of the Borrower and shall specify the following information: (i) whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing, (ii) the date of such Borrowing (which shall be a Business Day), (iii) the number and location of the account to which funds are to be disbursed, (iv) the amount of such Borrowing, and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section (and the contents thereof), and of each Lender’s portion of the requested Borrowing.
Appears in 2 contracts
Sources: Credit Agreement (Alion Science & Technology Corp), Credit Agreement (Alion Science & Technology Corp)
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan as to which this Section shall not apply)Term Borrowing, the Borrower Borrowers shall hand deliver or fax to notify the Administrative Agent (of such request by telephone or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request in writing (a) in the case of a Eurodollar Eurocurrency Borrowing, not later than 12:00 noon (1:00 p.m., New York City time) , three Business Days before a proposed Borrowing, Borrowing and (b) in the case of an ABR Borrowing, not later than 12:00 noon (1:00 p.m., New York City time) , one Business Day before the a proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable, and shall be signed confirmed promptly by hand delivery, fax or on behalf electronic mail to the Administrative Agent of the Borrower a written Borrowing Request and shall specify the following information: (i) whether such Borrowing is to be a Eurodollar Eurocurrency Borrowing or an ABR Borrowing, ; (ii) the date of such Borrowing (which shall be a Business Day), ; (iii) the number and location of the account to which funds are to be disbursed, ; (iv) the amount of such Borrowing, ; and (v) if such Borrowing is to be a Eurodollar Eurocurrency Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Eurocurrency Borrowing is specified in any such notice, then the such Borrower shall be deemed to have selected an Interest Period of one month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03(a) (and the contents thereof), and of each Lender’s portion of the requested Borrowing.
Appears in 2 contracts
Sources: Superpriority Senior Secured Debtor in Possession and Exit Term Loan Credit Agreement (HMH Holdings (Delaware), Inc.), Superpriority Senior Secured Debtor in Possession and Exit Term Loan Credit Agreement (HMH Holdings (Delaware), Inc.)
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.02(f), as to which this Section shall not apply), the a Borrower shall hand deliver or fax to the Administrative Agent (or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon (noon, New York City time) , three Business Days before a proposed Borrowing, and (b) in the case of an ABR Borrowing, not later than 12:00 noon (noon, New York City time) , one Business Day before the a proposed Borrowing. Each Borrowing Request shall be irrevocable, shall be signed by or on behalf of the applicable Borrower and shall specify the following information: (i) whether the Borrowing then being requested is to be a Term Borrowing, an Other Term Borrowing or a Revolving Credit Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing, ; (ii) the date of such Borrowing (which shall be a Business Day), ; (iii) the number and location of the account to which funds are to be disbursed, ; (iv) the amount of such Borrowing, ; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section (and the contents thereof)Section, and of each Lender’s portion of the requested Borrowing.
Appears in 2 contracts
Sources: Credit Agreement, Credit Agreement (Wellcare Health Plans, Inc.)
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.03 shall not apply), the Borrower shall hand deliver or fax to notify the Administrative Agent (or give telephonic notice promptly confirmed of such request by written notice) a duly completed Borrowing Request telephone (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon (11:00 a.m., New York City time) , three Business Days before a proposed Borrowing, and (b) in the case of an ABR Borrowing, not later than 12:00 noon (noon), New York City time) , one Business Day before the a proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable, and shall be signed confirmed promptly by hand delivery or on behalf fax to the Administrative Agent of the Borrower a written Borrowing Request and shall specify the following information: (i) whether the Borrowing then being requested is to be a Term Borrowing, an Incremental Term Borrowing or a Revolving Credit Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing, ; (ii) the date of such Borrowing (which shall be a Business Day), ; (iii) the number and location of the account to which funds are to be disbursed, ; (iv) the amount of such Borrowing, ; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.
Appears in 2 contracts
Sources: Credit Agreement (Deltek, Inc), Credit Agreement (Deltek, Inc)
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.03 shall not applyapply and other than any Borrowing to be made on the Closing Date, in respect of which the related Borrowing Request must be hand delivered or faxed to the Administrative Agent (or made by telephone promptly followed by hand delivery or fax of a duly completed Borrowing Request) not later than 12:00 (noon), New York City time, one Business Day prior to the Closing Date, regardless of whether any such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing), the Borrower shall hand deliver or fax to the Administrative Agent (or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request (or shall make such request by telephone promptly followed by the hand delivery or fax of a duly completed Borrowing Request) (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon (1:00 p.m., New York City time) , three Business Days before a proposed Borrowing, and (b) in the case of an ABR Borrowing, not later than 12:00 noon (1:00 p.m., New York City time) , one Business Day before the a proposed Borrowing. Each Borrowing Request shall be irrevocable, shall be signed by or on behalf of the Borrower and shall specify the following information: (i) whether the Borrowing then being requested is to be a Term Borrowing or a Revolving Credit Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing, ; (ii) the date of such Borrowing (which shall be a Business Day), ; (iii) the number and location of the account to which funds are to be disbursed, ; (iv) the amount of such Borrowing, ; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect theretothereto (which, in the case of any Eurodollar Borrowing to be made on the Closing Date, shall be an Interest Period of one month); provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.
Appears in 1 contract
Sources: Credit Agreement (CCC Information Services Group Inc)
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.03 shall not apply), the a Borrower shall hand deliver or fax telecopy to the Administrative Agent (or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request (a) in the case of a Eurodollar Euro Rate Borrowing, not later than 12:00 noon (New York City noon, Dallas time) , three Business Days before a proposed Borrowing, and (b) in the case of an ABR Borrowing, not later than 12:00 noon (New York City 2:00 p.m., Dallas time) , one Business Day before the a proposed Borrowing. Each Borrowing Request shall be irrevocable, shall be signed by or on behalf of the applicable Borrower and shall specify the following information: (i) whether the Borrowing then being requested is to be an Incremental Tranche A Term Borrowing, a Tranche C Term Borrowing or a Revolving Credit Borrowing, and whether such Borrowing is to be a Eurodollar Eurocurrency Borrowing, a EURIBOR Borrowing or an ABR BorrowingBorrowing (provided that until the Syndication Agent shall have notified the Company and the Administrative Agent that the primary syndication of the Tranche C Commitments has been completed (which notice shall be given as promptly as practicable and, in any event, within 30 days after the First Amended and Restated Credit Agreement Closing Date), the Company shall only request, at its option, Tranche C Borrowings as either (x) ABR Borrowings or (y) Eurocurrency Borrowings with one-month Interest Periods all ending on the same date); (ii) the date of such Borrowing (which shall be a Business Day), ; (iii) the number and location of the account to which funds are to be disbursed, disbursed (which shall be an account that complies with the requirements of Section 2.02(c); (iv) the amount of such Borrowing, Borrowing and (v) if such Borrowing is to be a Eurodollar Euro Rate Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Euro Rate 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. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s 's portion of the requested Borrowing.
Appears in 1 contract
Sources: Credit Agreement (Flowserve Corp)
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan as to which this Section shall not apply)Borrowing, the Borrower shall notify the Administrative Agent of such request by hand deliver delivery or fax e-mail to the Administrative Agent (or give telephonic notice promptly confirmed by of a written notice) a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon (noon), New York City time) three , five Business Days before a proposed BorrowingBorrowing (or such shorter period as may be agreed to by the Administrative Agent); provided that, and (b) in the case of an ABR Borrowing, a written Borrowing Request shall be delivered to Administrative Agent not later than 12:00 noon (noon), New York City time) , one Business Day before prior to the proposed BorrowingClosing Date regarding the Initial Term Loans. Each such Borrowing Request shall be irrevocable, shall be signed by or on behalf of the Borrower irrevocable and shall specify the following information: (i) whether the Borrowing then being requested is to be a Borrowing of Initial Term Loans, Delayed Term Loans, Delayed No. 2 Term Loans or IncrementalDelayed No. 3 Term Loans and whether such Borrowing is to be a Eurodollar EurodollarSOFR Borrowing or an ABR Borrowing, ; (ii) the date of such Borrowing (which shall be a Business Day), ; (iii) the number and location of the account to which funds are to be disbursed, ; (iv) the amount of such Borrowing, ; and (v) if such Borrowing is to be a Eurodollar EurodollarSOFR Borrowing, the Interest Period with respect thereto; provided, however, provided that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar EurodollarSOFR Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section (and the contents thereof), and of each Lender’s portion of the requested Borrowing.
Appears in 1 contract
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan as to which this Section shall not apply)a) The Borrower may borrow ------------------- under the Reducing R/C Commitments during the Reducing R/C Commitment Period on any Business Day, provided that an Authorized Officer of the Borrower shall hand deliver or fax to give -------- the Administrative Agent irrevocable notice (or give telephonic which notice promptly confirmed must be received by written notice) a duly completed Borrowing Request (a) in the case of a Eurodollar BorrowingAdministrative Agent prior to 11:00 A.M., not later than 12:00 noon (New York City time, (i) three Business Days before a proposed Borrowingprior to the requested Borrowing Date, and if all or any part of the requested Loans are to be initially Eurodollar Loans, or (b) in the case of an ABR Borrowing, not later than 12:00 noon (New York City timeii) one Business Day before prior to the proposed Borrowing. Each requested Borrowing Request shall be irrevocableDate, shall be signed by or on behalf of the Borrower and shall specify the following information: otherwise), specifying (i) whether such Borrowing is the aggregate amount to be a Eurodollar Borrowing or an ABR Borrowingborrowed, (ii) the date requested Borrowing Date, (iii) whether the borrowing is to be of Eurodollar Loans, ABR Loans or a combination thereof, (iv) if the Borrowing is to be entirely or partly of Eurodollar Loans, the amounts of such Borrowing (Type of Loan and the lengths of the amounts of such Type of Loan and the lengths of the initial Interest Period to be applicable thereto, which shall be a Business Day), period contemplated by the definition of the term "Interest Period" and (iiiv) the location and number and location of the Borrower's account to which funds are to be disbursed, (iv) the amount of such Borrowing, and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing which shall comply with the requirements set forth in of Section 2.022.07. If no election as to the Type of Borrowing is specified in any such noticespecified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing is specified in any such noticeReducing R/C Loan, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. The Each borrowing under the Reducing R/C Commitments shall be (A) in the case of ABR Loans, in an amount equal to $1,000,000 or a whole multiple of $500,000 in excess thereof (or if the then Available Reducing R/C Commitments are less than $1,000,000, such lesser amount) or (B) in the case of Eurodollar Loans, in an amount equal to $2,000,000 or a whole multiple of $1,000,000 in excess thereof. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly advise notify each Lender thereof. Each Lender will make the applicable Lenders amount of any notice given pursuant to this Section (and the contents thereof), and its pro rata share of each Lender’s portion borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 10.02 prior to 11:00 A.M., New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by 2:00 P.M. New York City time on such day by the Administrative Agent transferring to an account of the Borrower with the Administrative Agent and thereafter as directed by the Borrower the aggregate of the amounts made available to the Administrative Agent by the Lenders and in like funds as received by the Administrative Agent.
(b) The Borrower may borrow under the Revolving Credit Commitments during the Revolving Credit Commitment Period on any Business Day, provided that -------- an Authorized Officer of the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 11:00 A.M., New York City time, (i) three Business Days prior to the requested Borrowing Date, if all or any part of the requested Borrowing.Loans are to be initially Eurodollar Loans, or (ii) one Business Day prior to the requested Borrowing Date, otherwise), specifying (i) the amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether the borrowing is to be of Eurodollar Loans, ABR Loans or a combination thereof, (iv) if the Borrowing is to be entirely or partly of Eurodollar Loans, the amounts of such Type of Loan and the lengths of the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term "Interest Period" and (v) the location and number of the Borrower's account to which funds are to be disbursed, which shall comply with the requirements of Section
Appears in 1 contract
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan as to which this Section shall not apply), the either Borrower shall hand deliver or fax to the Administrative Agent (or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon (New York City Toronto time) three Business Days before a proposed Borrowing, and (b) in the case of an ABR Borrowing, not later than 12:00 noon (New York City Toronto time) one Business Day before the a proposed Borrowing. Each Borrowing Request shall be irrevocable, shall be signed by or on behalf of the respective Borrower and shall specify the following information: (i) whether the Borrowing then being requested is to be a Term Borrowing or a Revolving Credit Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing, (ii) with respect to Revolving Credit Borrowings, the date of such Borrowing (which shall be a Business Day), (iii) the number and location of the account to which funds are to be disbursed, (iv) the amount of such Borrowing, and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the respective Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section (and the contents thereof), and of each Lender’s 's portion of the requested Borrowing.
Appears in 1 contract
Sources: Credit Agreement (Corel Corp)
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.02(f), as to which this Section shall not apply), the a Borrower shall hand deliver or fax to the Administrative Agent (or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon (noon, New York City time) , three Business Days before a proposed Borrowing, and (b) in the case of an ABR Borrowing, not later than 12:00 noon (noon, New York City time) , one Business Day before the a proposed Borrowing. Each Borrowing Request shall be irrevocable, shall be signed by or on behalf of the applicable Borrower and shall specify the following information: (i) whether the Borrowing then being requested is to be a Term Borrowing, an Other Term Borrowing or a Revolving Credit Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing, ; (ii) the date of such Borrowing (which shall be a Business Day), ; (iii) the number and location of the account to which funds are to be disbursed, ; (iv) the amount of such Borrowing, ; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section (and the contents thereof)Section, and of each Lender’s 's portion of the requested Borrowing.
Appears in 1 contract
Borrowing Procedure. In order to request a Revolving Credit Borrowing (other than a an Swingline Loan or a deemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.03 shall not apply), the a Borrower shall hand deliver or fax to notify the Administrative Agent (of such request by telephone or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request in writing (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon (1:00 p.m., New York City time) , three Business Days before a proposed Borrowing, Borrowing and (b) in the case of an ABR Borrowing, not later than 12:00 noon (1:00 p.m., New York City time) , one Business Day before the a proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable, and shall be signed confirmed promptly by hand delivery, fax or on behalf electronic mail to the Administrative Agent of the Borrower a written Borrowing Request and shall specify the following information: (i) whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing, ; (ii) the date of such Borrowing (which shall be a Business Day), ; (iii) the number and location of the account to which funds are to be disbursed, ; (iv) the amount of such Borrowing, ; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, provided that notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the such Borrower shall be deemed to have selected an Interest Period of one month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03(a) (and the contents thereof), and of each Lender’s portion of the requested Borrowing.
Appears in 1 contract
Sources: Revolving Credit Agreement (Houghton Mifflin Harcourt Co)
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan deemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.03 shall not apply), the Borrower shall hand deliver or fax to the Administrative Agent (or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon (11:00 a.m., New York City time) , three Business Days before a proposed Borrowing, and (b) in the case of an ABR Borrowing, not later than 12:00 noon (noon, New York City time) , one Business Day before the a proposed Borrowing. Each Borrowing Request shall be irrevocable, shall be signed by or on behalf of the Borrower and shall specify the following information: (i) whether the Borrowing then being requested is to be a Tranche A Term Borrowing, a Tranche B Term Borrowing or a Revolving Credit Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing, ; (ii) the date of such Borrowing (which shall be a Business Day), (iii) the number and location of the account to which funds are to be disbursed, disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing, ; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s 's portion of the requested Borrowing.. 34 34
Appears in 1 contract
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.01(a) or Section 2.02(f), as to which this Section 2.03 shall not apply), the Borrower shall notify the Administrative Agent by telephone (promptly confirmed by electronic communication) or shall hand deliver or fax send by electronic communication to the Administrative Agent (or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request (a) in the case of a Eurodollar Term SOFR Borrowing or a CDOR Borrowing, not later than 12:00 noon (noon), New York City time) , three Business Days before a proposed Borrowing, and (b) in the case of an ABR Borrowing or a Canadian Base Rate Borrowing, not later than 12:00 noon (noon), New York City time) , one Business Day before the a proposed Borrowing. Each Borrowing Request shall be irrevocable, shall be signed by or on behalf of the Borrower and shall specify the following information: (i) whether the Borrowing then being requested is to be a Term Borrowing or a Revolving Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing or Term SOFR Borrowing, an ABR Borrowing, a Canadian Base Rate Borrowing or a CDOR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day), ; (iii) the number and location of the account to which funds are to be disbursed, ; (iv) the amount of such Borrowing, ; and (v) for Revolving Loans, the currency of such Borrowing (provided that each ABR Borrowing shall be denominated in dollars) if such Borrowing is to be a Eurodollar Term SOFR Borrowing or a CDOR Borrowing, the initial Interest Period with respect theretothereto and the Class of Loans to which such initial Interest Period will apply; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no currency is specified with respect to the requested Borrowing, then the Borrower shall be deemed to have selected dollars. If no Interest Period with respect to any Eurodollar Term SOFR Borrowing or CDOR Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to in accordance with this Section 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.
Appears in 1 contract
Sources: Credit Agreement (NRG Energy, Inc.)
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.03 shall not apply), the Borrower shall hand deliver or fax to notify the Administrative Agent (or give telephonic notice promptly confirmed of such request by written notice) a duly completed Borrowing Request telephone (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon (11:00 a.m., New York City time) , three Business Days before a proposed Borrowing, and (b) in the case of an ABR Borrowing, not later than 12:00 noon (noon, New York City time) , one Business Day before the a proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable, and shall be signed confirmed promptly by hand delivery or on behalf fax to the Administrative Agent of the Borrower a written Borrowing Request and shall specify the following information: (i) whether the Borrowing then being requested is to be an Initial Term Loan Borrowing, a Delayed Draw Term Loan Borrowing or a Tranche A Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing or an ABR BorrowingBorrowing (provided that (A) prior to the Term Loan Conversion Date, there shall not be more than one Eurodollar Term Loan Borrowing at any time and such Eurodollar Term Loan Borrowing must have an Interest Period of one month’s duration and (B) prior to the Term Loan Conversion Date, all Delayed Draw Term Loans must be ABR Term Loans); (ii) the date of such Borrowing (which shall be a Business Day), ; (iii) the number and location of the account to which funds are to be disbursed, ; (iv) the amount of such Borrowing, ; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.
Appears in 1 contract
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan Loan, a deemed Borrowing pursuant to Section 2.02(f) or a Mandatory Borrowing pursuant to Section 2.22(e), in each case, as to which this Section 2.03 shall not apply), the Borrower shall hand deliver or fax to notify the Administrative Agent (of such request by telephone or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request email (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon (p.m. New York City time) , three Business Days before a proposed Borrowing, and (b) in the case of an ABR Borrowing, not later than 12:00 noon (p.m., New York City time) , one Business Day before the a proposed Borrowing. Each telephonic Borrowing Request shall be irrevocable, and shall be signed by or on behalf confirmed promptly in writing to the Administrative Agent of the Borrower a written Borrowing Request and shall specify the following information: (i) whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing, ; (ii) the date of such Borrowing (which shall be a Business Day), ; (iii) the number and location of the account to which funds are to be disbursed, ; (iv) the amount of such Borrowing, ; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such noticeBorrowing Request, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such noticeBorrowing Request, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.
Appears in 1 contract
Sources: Credit Agreement (Smart Sand, Inc.)
Borrowing Procedure. In order to request a Term Loan Borrowing (other than or a Swingline Loan as to which this Section shall not apply)Revolving Credit Borrowing, the Borrower shall hand deliver or fax to notify the Administrative Agent (or give telephonic notice promptly confirmed of such request by written notice) a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, telephone not later than 12:00 noon (p.m., New York City time, (a) one Business Day before a proposed Borrowing of Eurodollar Loans on the Funding Date and (b) three Business Days before a proposed BorrowingBorrowing of Eurodollar Loans on any other date (or, in each case, such shorter period as may be agreed by the Administrative Agent) and (b) 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 an a Borrowing of ABR Borrowing, not later than 12:00 noon (New York City time) one Business Day before the proposed BorrowingLoans. Each such telephonic Borrowing Request shall be irrevocable, and shall be signed confirmed promptly by hand delivery, e-mail or on behalf fax to the Administrative Agent of the Borrower a written Borrowing Request and shall specify the following information: (i) whether such the Borrowing then being requested is to be a Eurodollar Borrowing of Term Loans, Revolving Credit Loans, Incremental Term Loans or an ABR Borrowing, Incremental Revolving Loans; (ii) the date of such Borrowing (which shall be a Business Day), ; (iii) the number and location of the account to which funds are to be disbursed, ; (iv) the amount of such Borrowing, Borrowing (stated in the Available Currency); and (v) if whether the Loans being made pursuant to such Borrowing is Borrowings are to be a initially maintained as ABR Loans or Eurodollar BorrowingLoans and, if Eurodollar Loans, the Interest Period with respect thereto; provided, however, that the 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 Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.
Appears in 1 contract
Sources: Credit Agreement (Altice USA, Inc.)
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan deemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.03 shall not apply), the Borrower shall hand deliver or fax to notify the Administrative Agent (or give telephonic notice promptly confirmed of such request by written notice) a duly completed Borrowing Request telephone (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon (noon), New York City time) , three Business Days before a proposed Borrowing, and (b) in the case of an ABR Borrowing, not later than 12:00 noon (11:00 a.m., New York City time) one Business Day before , on the day of a proposed Borrowing; provided that the request for the initial Borrowing of Term Loans on the Closing Date may be made not later than the time specified therefor by the Administrative Agent. Each such telephonic Borrowing Request shall be irrevocable, and shall be signed confirmed promptly by hand delivery or on behalf fax to the Administrative Agent of the Borrower a written Borrowing Request and shall specify the following information: (i) whether the Borrowing then being requested is to be a Term Borrowing, an Incremental Term Borrowing or a Revolving Credit Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing, ; (ii) the date of such Borrowing (which shall be a Business Day), ; (iii) the number and location of the account to which funds are to be disbursed, ; (iv) the amount of such Borrowing, ; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.
Appears in 1 contract
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.03 shall not applyapply and other than any Borrowing to be made on the Closing Date, in respect of which the related Borrowing Request must be hand delivered or faxed to the Administrative Agent (or made by telephone promptly followed by hand delivery or fax of a duly completed Borrowing Request) not later than 12:00 (noon), New York City time, one Business Day prior to the Closing Date, regardless of whether any such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing), the Borrower shall hand deliver or fax to the Administrative Agent (or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request (or shall make such request by telephone promptly followed by the hand delivery or fax of a duly completed Borrowing Request)
(a) in the case of a Eurodollar Borrowing, not later than 12:00 noon (1:00 p.m., New York City time) , three Business Days before a proposed Borrowing, and (b) in the case of an ABR Borrowing, not later than 12:00 noon (1:00 p.m., New York City time) , one Business Day before the a proposed Borrowing. Each Borrowing Request shall be irrevocable, shall be signed by or on behalf of the Borrower and shall specify the following information: (i) whether the Borrowing then being requested is to be a Term Borrowing or a Revolving Credit Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing, ; (ii) the date of such Borrowing (which shall be a Business Day), ; (iii) the number and location of the account to which funds are to be disbursed, ; (iv) the amount of such Borrowing, ; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect theretothereto (which, in the case of any Eurodollar Borrowing to be made on the Closing Date, shall be an Interest Period of one month); provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s 's portion of the requested Borrowing.
Appears in 1 contract
Sources: Credit Agreement (CCC Information Services Group Inc)
Borrowing Procedure. In order to To request a Borrowing Borrowing, Borrower shall deliver, by hand delivery or facsimile (or transmit by other than a Swingline Loan as to which this Section shall not applyelectronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), the Borrower shall hand deliver or fax a duly completed and executed Borrowing Request to the Administrative Agent (or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request (ai) in the case of a Eurodollar Borrowing, not later than 12:00 noon (1:00 p.m., New York City time) , three Business Days before a the date of the proposed Borrowing, and Borrowing or (bii) in the case of an ABR Borrowing, not later than 12:00 noon (1:00 p.m., New York City time) one Business Day before , on the date of the proposed Borrowing. Each Borrowing Request for a Loan shall be irrevocable, shall be signed by or on behalf of the Borrower irrevocable and shall specify the following information: :
(ia) the aggregate amount of such Borrowing;
(b) the date of such Borrowing, which shall be a Business Day;
(c) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing or an ABR Borrowing;
(d) in the case of a Eurodollar Borrowing, (ii) the date of such Borrowing (initial Interest Period to be applicable thereto, which shall be a Business Day), period contemplated by the definition of “Interest Period”;
(iiie) the location and number and location of the Borrower’s account to which funds are to be disbursed, ; and
(ivf) that the amount of such Borrowing, and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements conditions set forth in Section 2.02Sections 4.02(b)-(d) are satisfied as of the date of the notice. If no election as to the Type of Borrowing is specified in any such noticespecified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing is specified in any such noticeBorrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. The Promptly following receipt of a Borrowing Request in accordance with this Section 2.03, the Administrative Agent shall promptly advise each Lender of the applicable Lenders of any notice given pursuant to this Section (and the contents thereof), details thereof and of each the amount of such Lender’s portion Loan to be made as part of the requested Borrowing.
Appears in 1 contract
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan as to which this Section shall not apply)Borrowing, the Borrower shall hand deliver or fax to notify the Administrative Agent of such request by irrevocable written notice (or give telephonic notice promptly confirmed by written noticein accordance with the immediately succeeding sentence) a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon (New York City time) 12:30 p.m. three Business Days before a proposed BorrowingBorrowing (or, in the case of any Eurodollar Borrowing to be made on the Closing Date, not later than 12:30 p.m. on the Business Day immediately preceding Closing Date) and (b) in the case of an ABR Borrowing, not later than 12:00 noon (New York City time) 12:30 p.m. one Business Day before the a proposed Borrowing. Each such notice shall be in the form of a Borrowing Request and shall be irrevocabledelivered to the Administrative Agent by hand delivery or fax, shall be signed by or on behalf of the Borrower and shall specify the following information: (i) whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing, ; (ii) the date of such Borrowing (which shall be a Business Day), ; (iii) the number and location of the account to which funds are to be disbursed, ; (iv) the amount of such Borrowing, ; and (v) if such Borrowing is to be a Eurodollar Borrowing, the initial Interest Period or Interest Periods with respect thereto; provided, however, that, that notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.
Appears in 1 contract
Sources: Term Loan Agreement (CDW Corp)
Borrowing Procedure. In order to To request a Credit Extension, Borrowers shall deliver, by facsimile, a duly completed and executed Borrowing (other than a Swingline Loan as to which this Section shall not apply), the Borrower shall hand deliver or fax Request to the Administrative Agent (or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request (ai) in the case of a Eurodollar Borrowing, not later than 12:00 noon (noon, New York City time) , three Business Days before a the date of the proposed Borrowing, and Borrowing or (bii) in the case of an ABR Borrowing, not later than 12:00 noon (noon, New York City time) , one Business Day before the date of the proposed Borrowing. Each Borrowing Request shall be irrevocable, shall be signed by or on behalf of the Borrower irrevocable and shall specify the following information: information in compliance with Section 2.02:
(ia) the Tranche of Loans requested;
(b) the aggregate amount of such Borrowing of each Tranche;
(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 or an ABR Borrowing;
(e) in the case of a Eurodollar Borrowing, (ii) the date of such Borrowing (initial Interest Period to be applicable thereto, which shall be a Business Day), period contemplated by the definition of the term “Interest Period”;
(iiif) the location and number and location of the Borrowers’ account to which funds are to be disbursed, (iv) the amount of such Borrowing, and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing which shall comply with the requirements of Section 2.02(c); and
(g) that the conditions set forth in Section 2.02Sections 4.01(r)-(t) have been satisfied as of the date of the notice. If no election as to the Type of Borrowing is specified in any such noticespecified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing is specified in any such noticeBorrowing, then the Borrower Borrowers shall be deemed to have selected an Interest Period of one month’s duration. The Promptly following receipt of a Borrowing Request in accordance with this Section 2.03, the Administrative Agent shall promptly advise each Lender of the applicable Lenders of any notice given pursuant to this Section (and the contents thereof), details thereof and of each the amount of such Lender’s portion Loan to be made as part of the requested Borrowing.
Appears in 1 contract
Sources: Credit Agreement (Rovi Corp)
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan as to which this Section shall not apply), the Each Borrower shall hand deliver or fax a fully executed Borrowing Request at least one Business Day prior to the Administrative Agent (or give telephonic notice promptly confirmed by written notice) Closing Date and the applicable Borrower shall deliver a duly completed fully executed Borrowing Request prior to any date such Borrower requests funding of an Incremental Term Loan (ai) in the case of a Eurodollar Borrowing, not later than 12:00 noon (noon), New York City time) three , two Business Days before a the date of the proposed Borrowing, and (bii) in the case of an ABR Borrowing, not later than 12:00 noon (noon, New York City time) , one Business Day before the date of the proposed Borrowing, (iii) in the case of a CDOR Rate Borrowing, not later than 12:00 (noon), New York City time, two Business Days before the date of the proposed Borrowing, and (iv) in the case of a Canadian Prime Rate Borrowing not later than 12:00 noon, New York City time, one Business Day before the date of the proposed Borrowing. Each such Borrowing Request shall be irrevocable, shall be signed by or on behalf of irrevocable (other than the Borrower initial Borrowing Requests delivered prior to the Closing Date) and shall specify the following informationinformation with respect to each Borrowing: (i) the name of the Borrower, (ii) whether the Borrowing being requested is to be a Tranche B-1 Loan, a Tranche B-2 Loan or an Incremental Term Borrowing, (iii) whether such Borrowing is to be a Eurodollar Borrowing or Borrowing, an ABR Borrowing, a CDOR Rate Borrowing or a Canadian Prime Rate Borrowing (iiprovided that, until the Administrative Agent shall have notified the Borrowers that the primary syndication of the Term Loan Commitments has been completed (which notice shall be given as promptly as practicable and, in any event, within 30 days after the Closing Date), the Borrowers shall not be permitted to request a Eurodollar Borrowing or a CDOR Rate Borrowing with an Interest Period in excess of one month); (iv) the date of such Borrowing (which shall be a Business Day), ; (iiiv) the number and location of the account to which funds are to be disbursed, ; (ivvi) the amount of such Borrowing, ; and (vvii) if such Borrowing is to be a Eurodollar Borrowing or CDOR Rate Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing or Canadian Prime Rate Borrowing, as applicable. If no Interest Period with respect to any Eurodollar Borrowing or CDOR Rate Borrowing is specified in any such notice, then the Borrower Borrowers shall be deemed to have selected an Interest Period of one month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.
Appears in 1 contract
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.03 shall not apply), the Borrower Company shall hand deliver or fax telecopy to the Administrative Agent (or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request (a) in the case of a Eurodollar Euro Rate Borrowing, not later than 12:00 noon (New York City noon, Dallas time) , three Business Days before a proposed Borrowing, and (b) in the case of an ABR Borrowing, not later than 12:00 noon (New York City 2:00 p.m., Dallas time) , one Business Day before the a proposed Borrowing. Each Borrowing Request shall be irrevocable, shall be signed by or on behalf of the Borrower Company and shall specify the following information: (i) whether the Borrowing then being requested is to be a Term Borrowing or a Revolving Credit Borrowing, and whether such Borrowing is to be a Eurodollar Euro Rate Borrowing or an ABR BorrowingBorrowing (provided that until the Administrative Agent shall have notified the Company that the primary syndication of the Commitments with respect to a particular Class has been completed (which notice shall be given as promptly as practicable and, in any event, within 45 days after the Closing Date), the Company shall only request, at its option, Borrowings of Loans of such Class as either (x) ABR Borrowings or (y) Euro Rate Borrowings with one-month Interest Periods all ending on the same date unless Company agrees to pay costs arising from a Breakage Event in connection with the primary syndication); (ii) the date of such Borrowing (which shall be a Business Day), ; (iii) the number and location of the account to which funds are to be disbursed, disbursed (which shall be an account that complies with the requirements of Section 2.02(c); (iv) the amount of such Borrowing, Borrowing and (v) if such Borrowing is to be a Eurodollar Euro Rate Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Euro Rate Borrowing is specified in any such notice, then the Borrower Company shall be deemed to have selected an Interest Period of one month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.
Appears in 1 contract
Sources: Credit Agreement (Flowserve Corp)
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan as to which this Section shall not apply)Borrowing, the Borrower shall hand deliver or fax to the Administrative Agent (or give telephonic telephone notice promptly confirmed by written or fax notice) to the Administrative Agent a duly completed Borrowing Request not later than (a) in the case of a the Borrowing to be made on the Closing Date, 12:00 (noon), New York City time, one Business Day before the proposed Borrowing and (b) in the case of any Incremental Term Loan Borrowing, (i) in the case of Eurodollar Borrowing, not later than 12:00 noon (11:00 a.m., New York City time) , three Business Days before a proposed Borrowing, and (bii) in the case of an ABR Borrowing, not later than 12:00 noon (noon), New York City time) , one Business Day before the proposed Borrowing. Each Such Borrowing Request shall be irrevocable, shall be signed by or on behalf of the Borrower and shall specify the following information: (i) whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing, ; (ii) the date of such Borrowing (which shall be a Business Day), ; (iii) the number and location of the account to which funds are to be disbursed, ; (iv) the amount of such Borrowing, ; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.
Appears in 1 contract
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.03 shall not apply), the Borrower shall hand deliver or fax to notify the Administrative Agent (or give telephonic notice promptly confirmed of such request by written notice) a duly completed Borrowing Request telephone (a) in the case of a Eurodollar Borrowing, Borrowing not later than 12:00 noon (New York City time) 12:30 p.m. three Business Days before a proposed Borrowing, Borrowing and (b) in the case of an ABR Borrowing, not later than 12:00 noon (New York City time) 12:30 p.m. one Business Day before the a proposed Borrowing. Each Borrowing Request Subject to Section 2.14, each such telephonic request shall be irrevocable, shall be signed confirmed promptly by hand delivery or on behalf fax to the Administrative Agent of the Borrower a written Borrowing Request and shall specify the following information: (i) whether the Borrowing then being requested is to be a Term Loan Borrowing or a Revolving Credit Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing, ; (ii) the date of such Borrowing (which shall be a Business Day), ; (iii) the number and location of the account to which funds are to be disbursed, ; (iv) the amount of such Borrowing, ; and (v) if such Borrowing is to be a Eurodollar Borrowing, the initial Interest Period or Interest Periods with respect theretothereto and (vi) the Revolving Credit Exposure (after giving effect to the proposed Borrowing); provided, however, that, that notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.
Appears in 1 contract
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan deemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.03 shall not apply), the Borrower shall hand deliver or fax telecopy to the Administrative Agent (or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon (11:00 a.m., New York City time) , three Business Days before a proposed Borrowing, and (b) in the case of an ABR Borrowing, not later than 12:00 noon (noon, New York City time) , one Business Day before the a proposed Borrowing. Each Borrowing Request shall be irrevocable, shall be signed by or on behalf of the Borrower and shall specify the following information: (i) with respect to any Borrowing on the Closing Date, whether such Borrowing then being requested is to be a Term Borrowing or a Revolving Credit Borrowing; (ii) whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing, ; (iiiii) the date of such Borrowing (which shall be a Business Day), ; (iiiiv) the number and location of the account to which funds are to be disbursed, disbursed (ivwhich shall be an account that complies with the requirements of Section 2.02(c)); (v) the amount of such Borrowing, and ; (vvi) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; and (vii) the expected Aggregate Credit Exposure on the date of such Borrowing (after giving effect to such Borrowing) and the Borrowing Base as set forth in the most recently provided Borrowing Base Certificate; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s 's portion of the requested Borrowing.
Appears in 1 contract
Sources: Credit Agreement (Ryder TRS Inc)
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan as to which this Section shall not apply), the Borrower shall hand deliver or fax to the Administrative Agent (or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon (New York City time) three Business Days before a proposed Borrowing, and (b) in the case of an ABR Borrowing, not later than 12:00 noon (New York City time) one Business Day before the a proposed Borrowing. Each Borrowing Request shall be irrevocable, shall be signed by or on behalf of the Borrower and shall specify the following information: (i) whether the Borrowing then being requested is to be a Term Borrowing, an Incremental Term Borrowing or a Revolving Credit Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing, (ii) the date of such Borrowing (which shall be a Business Day), (iii) the number and location of the account to which funds are to be disbursed, (iv) the amount of such Borrowing, (v) if such borrowing is to be a Term Borrowing during the Delayed Draw Availability Period or an Incremental Term Borrowing, a statement as to the use of proceeds thereof, and (vvi) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section (and the contents thereof), and of each Lender’s portion of the requested Borrowing.
Appears in 1 contract
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.03 shall not apply), the a Borrower shall hand deliver or fax to the Applicable Administrative Agent (or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request (a) in the case of a Eurodollar Eurocurrency Borrowing, not later than 12:00 noon (New York City time) 1:00 p.m., Local Time, three Business Days before a proposed Borrowing, and (b) in the case of an ABR Borrowing, not later than 12:00 noon 11:00 a.m., Local Time, on the day of a proposed Borrowing, and (New York City timec) in the case of an EBR Borrowing, not later than 1:00 p.m., Local Time, one Business Day before the a proposed Borrowing. Each Borrowing Request shall be irrevocable, shall be signed by or on behalf of the applicable Borrower and shall specify the following information: (i) whether the Borrowing then being requested is to be a Term B-1 Borrowing, a Term B-2 Borrowing, an Incremental Term Borrowing, a U.S. Revolving Borrowing or a European Revolving Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing or Eurocurrency Borrowing, an ABR Borrowing or, subject to the limitations contained in the definition thereof, an EBR Borrowing, ; (ii) the date of such Borrowing (which shall be a Business Day), ; (iii) the number and location of the account to which funds are to be disbursed, ; (iv) the amount and Currency of such Borrowing, ; and (v) if such Borrowing is to be a Eurodollar Eurocurrency Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no Currency is specified with respect to any requested Borrowing, then the applicable Borrower shall be deemed to have selected Dollars. If no election as to the Type of Borrowing is specified in any such noticespecified, then the requested Borrowing applicable Borrower shall be deemed to have selected (i) in the case of a Borrowing denominated in Dollars, an ABR Borrowing, and (ii) 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 Eurodollar Borrowing is specified in any such noticerequested Eurocurrency Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s duration. The Applicable Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.
Appears in 1 contract
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan Loan, pursuant to Section 2.02(g) or, if applicable, pursuant to Section 2.26 or Section 2.27, in each case as to which this Section 2.03 shall not apply), the Borrower shall hand deliver or fax to notify the Administrative Agent (or give telephonic notice promptly confirmed of such request by written notice) a duly completed Borrowing Request telephone (a) in the case of a Eurodollar SOFR Borrowing, not later than 12:00 noon (New York City time) three 1:00 p.m. 3 U.S. Government Securities Business Days before a proposed Borrowing, (b) [reserved] and (bc) in the case of an ABR Borrowing, not later than 12:00 noon (New York City time) one Business Day before 11:00 a.m. on the date of a proposed Borrowing. Each Borrowing Request such telephonic request shall be irrevocable, shall be signed confirmed promptly by hand delivery or on behalf fax to the Administrative Agent of the Borrower a written Borrowing Request and shall specify the following information: (i) the relevant Class of such Borrowing and whether such Borrowing is to be a Eurodollar SOFR Borrowing or an ABR Borrowing, ; (ii) the date of such Borrowing (which shall be a Business Day), ; (iii) the number and location of the account to which funds are to be disbursed, ; (iv) the amount of such Borrowing, Borrowing (stated in the relevant Available Currency); and (v) if such Borrowing is to be a Eurodollar SOFR Borrowing, the Interest Period with respect thereto; provided, however, that, that notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02; it being understood and agreed that in order to request a Borrowing pursuant to this Section 2.03, the Borrower needs only to have delivered a written Borrowing Request. If Except as otherwise provided in Section 2.10(b), if no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar SOFR Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one 1 month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.
Appears in 1 contract
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan as to which this Section shall not apply)Borrowing, the Borrower shall hand deliver or fax telecopy to the Administrative Agent (or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request (or telephone the Administrative Agent, promptly confirmed with a written and duly completed Borrowing Request) (a) in the case of a Eurodollar Eurocurrency Borrowing, not later than 12:00 noon (noon), New York City time) , three Business Days before a proposed Borrowing, and (b) in the case of an ABR Borrowing, not later than 12:00 noon (1:00 p.m., New York City time) , one Business Day before the a proposed Borrowing. Each Borrowing Request (including a telephonic Borrowing Request) shall be irrevocable, shall be signed by or on behalf of the Borrower and shall specify the following information: (i) whether such the Borrowing is to be a Eurodollar Eurocurrency Borrowing or an ABR Borrowing, ; (ii) the date of such Borrowing (which shall be a Business Day), ; (iii) the number and location of the account to which funds are to be disbursed, disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing, and ; (v) if such Borrowing is to be a Eurodollar Eurocurrency Borrowing, the initial Interest Period with respect thereto; and (vi) whether such Borrowing is subject to the conditions of Section 4.02 or 4.03; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Eurocurrency Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s 's portion of the requested BorrowingBorrowing and the account to which Loans made in connection with the requested Borrowing are to be wired.
Appears in 1 contract
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.01(a)(i), 2.02(f) or, if applicable, pursuant to Section 2.25, in each case, as to which this Section 2.03 shall not apply), the Borrower shall hand deliver or fax to notify the Administrative Agent (or give telephonic notice promptly confirmed of such request by written notice) a duly completed Borrowing Request telephone (a) in the case of a Eurodollar Borrowing, Borrowing not later than 12:00 noon (New York City time) 12:30 p.m. three Business Days before a proposed Borrowing, Borrowing and (b) in the case of an ABR Borrowing, not later than 12:00 noon (New York City time) 12:30 p.m. one Business Day before the a proposed Borrowing. Each Borrowing Request Subject to Section 2.14, each such telephonic request shall be irrevocable, shall be signed confirmed promptly by hand delivery or on behalf fax to the Administrative Agent of the Borrower a written Borrowing Request and shall specify the following information: (i) whether the Borrowing then being requested is to be a First-Lien Term Loan Borrowing, a Second-Lien Term Loan Borrowing or a Revolving Credit Borrowing, and, if applicable, the relevant Class thereof and whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing, ; (ii) the date of such Borrowing (which shall be a Business Day), ; (iii) the number and location of the account to which funds are to be disbursed, ; (iv) the amount of such Borrowing, ; and (v) if such Borrowing is to be a Eurodollar Borrowing, the initial Interest Period or Interest Periods with respect theretothereto and (vi) the Revolving Credit Exposure (after giving effect to the proposed Borrowing); provided, however, that, that notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.
Appears in 1 contract
Sources: Credit Agreement (Nuveen Investments Holdings, Inc.)
Borrowing Procedure. In order Subject to request a Borrowing (the terms and provisions hereof, the Borrower may borrow the Loans in several advances, provided, however, that other than a Swingline Loan as in respect of advances made on the Effective Date (subject to which this Section shall not apply)the terms of Article 5 hereof) advances will be made only once per calendar month. Except for the Loans to be made on the Effective Date, in regards to Borrower’s desire to borrow Loans, the Borrower shall hand deliver or fax a Borrowing Request to the Administrative Agent and the Lenders on or before noon, Houston, Texas time, on a Business Day, at least five (or give telephonic notice promptly confirmed by written notice5) a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon (New York City time) three Business Days before a proposed Borrowing, and (b) in prior to the case of an ABR Borrowing, not later than 12:00 noon (New York City time) one Business Day before date on which the proposed BorrowingBorrower requests disbursement for such respective Loan(s). Each Borrowing Request shall be irrevocable, shall be signed of Loans requested by or on behalf of the Borrower hereunder must be in a minimum amount of $1,000,000 and shall specify the following information: in an integral multiple of $1,000,000 (i) whether such Borrowing is prior to be a Eurodollar Borrowing or an ABR Borrowing, (ii) the date reduction in respect of such Borrowing (which shall be a Business Day), (iii) the number and location OID of the account to which funds are to be disbursed, (iv) the amount of the advance in regards to any such applicable Borrowing) or, as applicable, in the unused amount of the Loan Commitment. No Loans may be advanced when any Default or Event of Default has occurred and is continuing. Each such irrevocable request may be made by telephone to the Agent confirmed promptly by hand delivery, electronic mail or facsimile to the Agent and the Lenders of the applicable Borrowing Request. On the terms and subject to the conditions of this Agreement, each Borrowing shall be made on the applicable Business Day on which the Borrower requested the Borrowing to occur. Each Borrowing shall be made by the Lenders by advancing their respective Loan into the Depositary Account and/or, at the discretion of the Agent, by advancing a portion or all of such respective Loan into the Blocked Account on such date before noon, Houston, Texas time (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 that such amount shall comply with be less the requirements set forth amount of OID applicable thereto as described in Section 2.022.1.1 above). If no election as No Lender’s obligation to make any Loan shall be affected by any other Lender’s failure to make any Loan. For each Loan, the Borrower authorizes and directs the Lenders to make the proceeds of such Loan available to the Type of Borrowing is specified Borrower by transferring such proceeds in immediately available funds to the Depositary Account and, as applicable, the Blocked Account, provided that the Lender may deduct from such proceeds any such notice, then the requested Borrowing shall unpaid costs and expenses (including attorneys’ fees) and other amounts that are to be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then paid by the Borrower shall be deemed to have selected an Interest Period of one month’s duration. The Administrative Agent shall promptly advise such respective Lender under the applicable Lenders of any notice given pursuant to this Section (and the contents thereof), and of each Lender’s portion of the requested BorrowingLoan Documents.
Appears in 1 contract
Sources: First Lien Credit Agreement (Radiant Oil & Gas Inc)
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan as to which this Section shall not apply), the The Borrower shall hand deliver or fax request the borrowing of a Loan by delivering to the Administrative Agent Lender a written Borrowing Notice signed by the Borrower, which shall be delivered to the Lender by no later than [*] days (or give telephonic notice promptly confirmed such shorter period as may be agreed by written noticethe Lender) a duly completed Borrowing Request (a) in prior to the case date of a Eurodollar Borrowing, not later than 12:00 noon (New York City time) three Business Days before a proposed Borrowing, and (b) in the case of an ABR Borrowing, not later than 12:00 noon (New York City time) one Business Day before the proposed Borrowingrequested borrowing. Each Borrowing Request Notice shall be irrevocable, shall be signed by or on behalf of the Borrower irrevocable and shall specify the following information: (i) whether such Borrowing that a Loan is to be a Eurodollar Borrowing or an ABR Borrowingrequested by the Borrower, (ii) the date of such Borrowing the requested borrowing (which shall be a Business DayDay not less than [*] days after delivery, or such shorter period as may be agreed by the Lender), (iii) the number and location aggregate principal amount of the account to which funds are Loan to be disbursedborrowed, (iv) the amount specific purposes to which the proceeds of such BorrowingLoan shall be applied (as permitted by Section 2.5 below) by reference to specific account creditors, amounts to be paid, account creditor payment remittance information and other applicable information, and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements other information and certifications as set forth in Section 2.02the form of Borrowing Notice and as the Lender shall otherwise have reasonably requested. If no election as Each submittal of a Borrowing Notice by the Borrower to the Type Lender shall constitute a separate representation, warranty and covenant by the Borrower to use and apply the proceeds of the Loan solely as set forth in such Borrowing is specified Notice. All amounts requested by the Borrower in any such notice, then the requested a Borrowing Notice shall be an ABR Borrowing. If no Interest Period with respect due and payable to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section (and account creditors specified therein within [*] Business Days following the contents thereof), and of each Lender’s portion date of the requested Borrowingborrowing. The Lender, in its sole discretion, may advance the Loan to the Borrower either (x) by deposit of such Loan to the Borrower’s Account; (y) by direct payment to the account creditors (for the benefit of the Borrower) pursuant to the information provided in the applicable Borrowing Notice; or (z) a combination of (x) and (y). No Loan shall be advanced if a Default or Event of Default has occurred and is continuing (unless the Lender has waived the relevant Default or Event of Default for the purpose of advancing the Loan).
Appears in 1 contract
Sources: Senior Secured Gold Stream Credit Agreement (Royal Standard Minerals Inc)
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan deemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.03 shall not apply), the Borrower shall hand deliver or fax telecopy to the Administrative Agent (or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon (11:00 a.m., New York City time) , three Business Days before a proposed Borrowing, and (b) in the case of an ABR Borrowing, not later than 12:00 noon (2:00 p.m., New York City time) , one Business Day before the a proposed Borrowing. Each Borrowing Request shall be irrevocable, shall be signed by or on behalf of the Borrower and shall specify the following information: (i) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing Borrowing; provided that until the Arranger shall have notified the Borrower that the primary syndication of the Commitments has been completed (which notice shall be given as promptly as practicable and, in any event, within 180 days after the Closing Date), the Borrower shall only be permitted to request (x) ABR Borrowings or (y) Eurodollar Borrowings with an ABR BorrowingInterest Period of seven days, unless otherwise agreed to by the Administrative Agent; (ii) the date of such Borrowing (which shall be a Business Day), ; (iii) the number and location of the account to which funds are to be disbursed, disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing, ; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration, except as set forth above. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), ) and of each Lender’s 's portion of the requested Borrowing.
Appears in 1 contract
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan as to which this Section shall not apply)Borrowing, the Borrower shall hand deliver or fax telecopy to the Administrative Agent (or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request substantially in the form of Exhibit B (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon (New York City noon), ▇▇▇ ▇▇▇▇ ▇▇▇▇ time) , three Business Days before a proposed Borrowing, and (b) in the case of an ABR Borrowing, not later than 12:00 noon (noon, New York City time) , one Business Day before the a proposed Borrowing; provided, however, that Borrowing Requests with respect to Borrowings to be made on the Closing Date may, at the discretion of the Administrative Agent, be delivered later than the times specified above. Each Borrowing Request shall be irrevocable, shall be signed by or on behalf of the Borrower and shall specify the following information: (i) whether the Borrowing then being requested is to be a Term Borrowing, a Revolving Credit Borrowing or a Growth Capital Borrowing (and in the case of a Term Borrowing the Commitments pursuant to which the Loans comprising such Borrowing are to be made), and whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing, ; (ii) the date of such Borrowing (which shall be a Business Day), (iii) in the case of a Borrowing the proceeds of which are to be received by the Borrower, the number and location of the account to which funds are to be disbursed, disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing, ; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. The Administrative Agent shall promptly (and in any event on the same day that the Administrative Agent receives such notice, if received by 1:00 p.m., New York City time, on such day) advise the applicable Lenders of any notice given pursuant to this Section (and the contents thereof), 2.03 and of each Lender’s 's portion of the requested Borrowing. If the Borrower shall not have delivered a Borrowing Request in accordance with this Section 2.03 prior to the end of the Interest Period then in effect for any Revolving Credit Borrowing or any Growth Capital Borrowing, as the case may be, requesting that such Borrowing be refinanced, then the Borrower shall (unless the Borrower has notified the Administrative Agent, not less 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 Borrowing of equivalent amount, and such new Borrowing shall be an ABR Borrowing.
Appears in 1 contract
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan as to which this Section shall not apply)Borrowing, the Borrower shall hand deliver or fax to notify the Administrative Agent (or give telephonic notice promptly confirmed of such request by written notice) a duly completed Borrowing Request telephone (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon (2:00 p.m., New York City time) , three Business Days before a proposed Borrowing, and (b) in the case of an ABR Borrowing, not later than 12:00 noon (2:00 p.m., New York City time) , one Business Day before the a proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable, and shall be signed confirmed promptly by hand delivery, e-mail or on behalf fax to the Administrative Agent of the Borrower a written Borrowing Request and shall specify the following information: (i) whether the Borrowing then being requested is to be a Borrowing of Loans or a Borrowing of Incremental Loans and whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing; provided, however, that the initial Interest Period of any Eurodollar Borrowing made on the Third Restatement Date shall commence on the Third Restatement Date and end on June 30, 2017; (ii) the date of such Borrowing (which shall be a Business Day), ; (iii) the number and location of the account to which funds are to be disbursed, ; (iv) the amount of such Borrowing, ; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.
Appears in 1 contract
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan deemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.03 shall not apply), the Borrower shall hand deliver or fax telecopy to the Administrative Agent (or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon (11:00 a.m., New York City time) , three Business Days before a proposed Borrowing, and (b) in the case of an ABR Borrowing, not later than 12:00 noon (noon, New York City time) , one Business Day before the a proposed Borrowing. Each Borrowing Request shall be irrevocable, shall be signed by or on behalf of the Borrower and shall specify the following information: (i) whether the Borrowing then being requested is to be a Term Borrowing or a Revolving Credit Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing, ; (ii) the date of such Borrowing (which shall be a Business Day), (iii) the number and location of the account to which funds are to be disbursed, disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing, ; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s 's portion of the requested Borrowing.
Appears in 1 contract
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.03 shall not apply), the Borrower shall hand deliver or fax telecopy to the Administrative Agent (or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request (a) in the case of a Eurodollar Eurocurrency Borrowing, not later than 12:00 noon (New York City 10:00 a.m., California time) , three Business Days before a proposed Borrowing, and (b) in the case of an ABR Borrowing, not later than 12:00 noon (New York City noon, California time) , one Business Day before the a proposed Borrowing. Each Borrowing Request shall be irrevocable, shall be signed by or on behalf of the Borrower and shall specify the following information: (i) whether the Borrowing then being requested is to be a Tranche A Term Borrowing, a Tranche B Term Borrowing or a Revolving Credit Borrowing, and whether such Borrowing is to be a Eurodollar Eurocurrency Borrowing or an ABR BorrowingBorrowing (provided that until the Syndication Agent shall have notified the Borrower and the Administrative Agent that the primary syndication of the Commitments has been completed (which notice shall be given as promptly as practicable and, in any event, within 30 days after the Closing Date), the Borrower shall only request, at its option, either (x) ABR Borrowings or (y) Eurocurrency Borrowings with one-month Interest Periods all ending on the same date); (ii) the date of such Borrowing (which shall be a Business Day), ; (iii) the number and location of the account to which funds are to be disbursed, disbursed (which shall be an account that complies with the requirements of Section 2.02(c); (iv) the amount of such Borrowing, Borrowing and (v) if such Borrowing is to be a Eurodollar Eurocurrency Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Eurocurrency Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s 's portion of the requested Borrowing.
Appears in 1 contract
Sources: Credit Agreement (GSV Inc /Fl/)
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan deemed Borrowing pursuant to Section 2.02(f) or a Borrowing of Swing Line Loans under Section 2.23 as to which this Section 2.03 shall not apply), the Administrative Borrower shall hand deliver or fax to notify the Administrative Agent (or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request of such request (a) in the case of a Eurodollar EurodollarTerm SOFR Borrowing, not later than 12:00 noon (1:00 p.m, New York City time, three (3) three Business Days before a proposed Borrowing, and (b) in the case of an ABR Borrowing, not later than 12:00 noon (1:00 p.m., New York City time) one , on the Business Day before prior to the requested date of a proposed Borrowing. Each such Borrowing Request shall be irrevocable, shall be signed in the form of a written Borrowing Request delivered by hand or on behalf of fax to the Borrower Administrative Agent and shall specify the following information: (i) whether the Borrowing then being requested is to be a Revolving Credit Borrowing, a Refinancing Revolving Loan Borrowing, a Refinancing Term Loan Borrowing or an Incremental Borrowing, and whether such Borrowing is to be a Eurodollar EurodollarTerm SOFR Borrowing or an ABR Borrowing, ; (ii) the date of such Borrowing (which shall be a Business Day), ; (iii) the number and location of the account to which funds are to be disbursed, ; (iv) the amount of such Borrowing, ; and (v) if such Borrowing is to be a Eurodollar EurodollarTerm SOFR Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar EurodollarTerm SOFR Borrowing is specified in any such notice, then the Administrative Borrower shall be deemed to have selected an Interest Period of one month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.
Appears in 1 contract
Sources: Credit Agreement (Enviva Inc.)
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.02(e), as to which this Section shall not apply), the Borrower shall hand deliver or fax telecopy to the Administrative Agent (or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon (11:00 a.m., New York City time) , three Business Days before a proposed Borrowing, and (b) in the case of an ABR Borrowing, not later than 12:00 noon (11:00 a.m., New York City time) , one Business Day before the a proposed Borrowing. Each Borrowing Request shall be irrevocable, shall be signed by or on behalf of the Borrower and shall specify the following information: (i) whether the Borrowing then being requested is to be a Term Borrowing or a Revolving Credit Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing, ; (ii) the date of such Borrowing (which shall be a Business Day), (iii) the number and location of the account to which funds are to be disbursed, disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing, ; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. Any Borrowing made on the Closing Date shall be an ABR Borrowing. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section (and the contents thereof)Section, and of each Lender’s 's portion of the requested Borrowing.
Appears in 1 contract
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan Loan, Section 2.02(g) or, if applicable, pursuant to Section 2.27, in each case as to which this Section 2.03 shall not apply), the Borrower shall hand deliver or fax to notify the Administrative Agent (or give telephonic notice promptly confirmed of such request by written notice) a duly completed Borrowing Request telephone (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon 1:00 p.m. 3 Business Days before a proposed borrowing, (New York City timeb) three in the case of a Eurocurrency Rate Borrowing (other than a Eurodollar Borrowing) or CDOR Rate Borrowing, not later than 1:00 p.m. 4 Business Days before a proposed Borrowing, and (bc) in the case of an ABR Borrowing, not later than 12:00 noon p.m. on the date of a proposed Borrowing and (New York City timed) in the case of a Canadian Prime Rate Borrowing, not later than 1:00 p.m. one Business Day before prior to the date of a proposed Borrowing. Each Borrowing Request such telephonic request shall be irrevocable, shall be signed confirmed promptly by hand delivery or on behalf fax to the Administrative Agent of the Borrower a written Borrowing Request and shall specify the following information: (i) the relevant Class of such Borrowing and whether such Borrowing is to be a Eurodollar Borrowing or Borrowing, a EURIBOR Borrowing, a Sterling LIBOR Borrowing, an ABR Borrowing, a Canadian Prime Rate Borrowing or a CDOR Rate Borrowing; (ii) the date of such Borrowing (which shall be a Business Day), ; (iii) the number and location of the account to which funds are to be disbursed, ; (iv) the amount of such Borrowing, Borrowing (stated in the relevant Available Currency); and (v) if such Borrowing is to be a Eurodollar Eurocurrency Rate Borrowing or a CDOR Rate Borrowing, the Interest Period with respect thereto; provided, however, that, that notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If Except as otherwise provided in Section 2.10(b), if no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be (i) in the case of US Dollar-Denominated Loans, an ABR Borrowing and (ii) in the case of Canadian Dollar-Denominated Loans, a Canadian Prime Rate Borrowing. If no Interest Period with respect to any Eurodollar Eurocurrency Rate Borrowing or CDOR Rate Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one 1 month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.
Appears in 1 contract
Borrowing Procedure. In order to request a Borrowing (other than a N.Z. Swingline Loan, a Competitive Loan or a deemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.03 shall not apply), the applicable Borrower shall hand deliver or fax to the Administrative Agent (or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request (a) in the case of a Eurodollar Fixed Rate Borrowing, not later than 12:00 noon (New York City time) 1:00 p.m., Local Time, three Business Days before a proposed Borrowing, and (b) in the case of an ABR a Daily Rate Borrowing, not later than 12:00 noon (New York City time) one noon, Local Time, on the Business Day before the of a proposed Borrowing. Each Borrowing Request shall be irrevocable, shall be signed by or on behalf of the applicable Borrower and shall specify the following information: (i) the currency and Class of such Borrowing and whether such Borrowing is to be a Eurodollar Fixed Rate Borrowing or an ABR a Daily Rate Borrowing, ; (ii) the date of such Borrowing (which shall be a Business Day), ; (iii) the number and location of the account to which funds are to be disbursed, disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing, ; and (v) if such Borrowing is to be a Eurodollar Fixed Rate Borrowing, the Interest Period or Contract 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 Section 2.022.02 and (y) except as expressly provided in Section 2.08 or 2.15, no Borrower may request a Daily Rate Borrowing that is a Foreign Base Rate Borrowing. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR a Daily Rate Borrowing if denominated in dollars or Canadian Dollars, and a Fixed Rate Borrowing with a one-month Interest Period or Contract Period otherwise. If no election as to the Class of any Revolving Credit Borrowing by the U.S. Borrower is received, then, to the extent of the available Domestic Revolving Credit Commitments, such Borrowing shall be a Domestic Revolving Credit Borrowing. If no Interest Period or Contract Period with respect to any Eurodollar Fixed Rate Borrowing is specified in any such notice, then the applicable Borrower shall be deemed to have selected an Interest Period or Contract Period of one month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.
Appears in 1 contract
Sources: Credit Agreement (Cbre Group, Inc.)
Borrowing Procedure. In order to To request a Revolving Borrowing or Term Borrowing, Borrower shall deliver, by hand delivery or facsimile (or transmit by other than a Swingline Loan as to which this electronic transmission, in accordance with Section shall not apply11.01(b)), the Borrower shall hand deliver or fax a duly completed and executed Borrowing Request to the Administrative Agent (or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request (ai) in the case of a Eurodollar Borrowing, not later than 12:00 noon (11:00 a.m., New York City time) , three Business Days before a the date of the proposed Borrowing, and Borrowing or (bii) in the case of an ABR Borrowing, not later than 12:00 noon (9:00 a.m., New York City time) one Business Day before , on the date of the proposed Borrowing. Each Borrowing Request shall be irrevocable, shall be signed by or on behalf of the Borrower irrevocable and shall specify the following information: information in compliance with Section 2.02:
(ia) whether the 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 or an ABR Borrowing;
(e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto;
(iif) the date location and number of such Borrowing (which shall be a Business Day), (iii) the number and location of the Borrower’s account to which funds are to be disbursed, (iv) the amount of such Borrowing, and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing which shall comply with the requirements of Section 2.02(c); and
(g) that the conditions set forth in Section 2.02Sections 4.02(b)-(d) are satisfied as of the date of the notice. If no election as to the Type of Borrowing is specified in any such noticespecified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing is specified in any such noticeRevolving Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. The 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 Section 2.03, the Administrative Agent shall promptly advise each Lender of the applicable Lenders of any notice given pursuant to this Section (and the contents thereof), details thereof and of each the amount of such Lender’s portion Loan to be made as part of the requested Borrowing.
Appears in 1 contract
Sources: Credit Agreement (PHC Inc /Ma/)
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.02(f) or 2.02(g), as to which this Section 2.03 shall not apply), the Borrower shall hand deliver or fax to notify the Administrative Agent (or give telephonic notice promptly confirmed and, in the case of any PF L/C Borrowing, the Issuing Bank of PF Letters of Credit) of such request either in writing by written notice) delivery of a duly completed Borrowing Request (by hand or facsimile) or by telephone not later than (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon (noon), New York City time) , three Business Days before a proposed Borrowing, and (b) in the case of an ABR Borrowing, not later than 12:00 noon (noon), New York City time) , one Business Day before the a proposed Borrowing. Each A telephonic Borrowing Request shall be irrevocable, irrevocable and shall be signed confirmed promptly by hand delivery or on behalf facsimile to the Administrative Agent of the Borrower a duly completed written Borrowing Request. Each such telephonic and written Borrowing Request shall specify the following information: (i) whether the Borrowing then being requested is to be a Term Borrowing, a Revolving Credit Borrowing or a PF L/C Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing, ; (ii) the date of such Borrowing (which shall be a Business Day), ; (iii) the number and location of the account to which funds are to be disbursed, disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing, ; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.
Appears in 1 contract
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.03 shall not apply), the relevant Borrower shall hand deliver or fax to notify the Administrative Agent (or give telephonic notice promptly confirmed of such request by written notice) a duly completed Borrowing Request telephone (a) in the case of a Eurodollar Borrowing or a BA Rate Borrowing, not later than 12:00 noon (New York City time) three 12:30 p.m. 3 Business Days (or 4 Business Days in the case of a Special Notice Currency) before a proposed Borrowing, Borrowing and (b) in the case of an ABR Borrowing or Canadian Base Rate Borrowing, not later than 12:00 noon (New York City time) one 12:30 p.m. 1 Business Day before the a proposed Borrowing. Each Borrowing Request such telephonic request shall be irrevocable, shall be signed confirmed promptly by hand delivery or on behalf fax to the Administrative Agent of the Borrower a written Borrowing Request and shall specify the following information: (i) whether the Borrowing then being requested is to be a Dollar Term Loan Borrowing, Euro Term Loan Borrowing or a Revolving Credit Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing or, in the case of a Borrowing in Canadian Dollars, whether such Borrowing is to be a BA Rate Borrowing or a Canadian Base Rate Borrowing, ; (ii) the date of such Borrowing (which shall be a Business Day), ; (iii) the number and location of the account to which funds are to be disbursed, ; (iv) the amount and currency of such Borrowing, ; and (v) if such Borrowing is to be a Eurodollar Borrowing or a BA Rate Borrowing, the initial Interest Period or Interest Periods with respect theretothereto and (vi) the Revolving Credit Exposure (after giving effect to the proposed Borrowing); provided, however, that, that notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing or, in the case of a Borrowing in Canadian Dollars, a Canadian Base Rate Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the relevant Borrower shall be deemed to have selected an Interest Period of one 1 month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.
Appears in 1 contract
Sources: Credit Agreement (VWR Funding, Inc.)
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan deemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.03 shall not apply), the Borrower shall hand deliver or fax to notify the Administrative Agent (or give telephonic notice promptly confirmed of such request by written notice) a duly completed Borrowing Request telephone (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon (11:00 a.m., New York City time) , three Business Days before a proposed Borrowing, and (b) in the case of an ABR Borrowing, not later than 12:00 noon (noon, New York City time) , one Business Day before the a proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable, and shall be signed confirmed promptly by hand delivery or on behalf fax to the Administrative Agent of the Borrower a written Borrowing Request and shall specify the following information: (i) whether the Borrowing then being requested is to be a Term Borrowing or a Revolving Credit Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing, ; (ii) the date of such Borrowing (which shall be a Business Day), ; (iii) the number and location of the account to which funds are to be disbursed, ; (iv) the amount of such Borrowing, ; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.
Appears in 1 contract
Sources: Third Amended and Restated Credit Agreement (Atp Oil & Gas Corp)
Borrowing Procedure. In order to request a Borrowing (other than a N.Z. Swingline Loan, a Competitive Loan or a deemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.03 shall not apply), the applicable Borrower shall hand deliver or fax in writing to the Administrative Agent (or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request (a) in the case of a Eurodollar Fixed Rate Borrowing, not later than 12:00 noon (New York City time) 1:00 p.m., Local Time, three Business Days before a proposed Borrowing, and Borrowing (b) in the case of an ABR a Daily Rate Tranche A Borrowing, not later than 12:00 noon (New York City time) noon, Local Time, one Business Day before a proposed Borrowing and (c) in the case of any other Class of Daily Rate Borrowings, not later than 12:00 noon, Local Time, on the Business Day of a proposed Borrowing, provided that any Borrowing Request on the Business Day of a proposed ABR Borrowing shall be irrevocable. Each Borrowing Request shall be irrevocable, shall be signed by or on behalf of the applicable Borrower and shall specify the following information: (i) the currency and Class of such Borrowing and whether such Borrowing is to be a Eurodollar Fixed Rate Borrowing or an ABR a Daily Rate Borrowing, ; (ii) the date of such Borrowing (which shall be a Business Day), ; (iii) the number and location of the account to which funds are to be disbursed, disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing, ; and (v) if such Borrowing is to be a Eurodollar Fixed Rate Borrowing, the Interest Period or Contract 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 Section 2.022.02 and (y) except as expressly provided in Section 2.08 or 2.15, no Borrower may request a Daily Rate Borrowing that is a Foreign Base Rate Borrowing. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR a Daily Rate Borrowing if denominated in dollars or Canadian Dollars, and a Fixed Rate Borrowing with a one-month Interest Period or Contract Period otherwise. If no election as to the Class of any Revolving Credit Borrowing by the U.S. Borrower is received, then, to the extent of the available Domestic Revolving Credit Commitments, such Borrowing shall be a Domestic Revolving Credit Borrowing. If no Interest Period or Contract Period with respect to any Eurodollar Fixed Rate Borrowing is specified in any such notice, then the applicable Borrower shall be deemed to have selected an Interest Period or Contract Period of one month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing. Subject to Section 2.16, a Borrowing Request may be revoked by the applicable Borrower at any time prior to 4:00 p.m., Local Time, on the Business Day prior to the proposed date of Borrowing.
Appears in 1 contract
Sources: Credit Agreement (Cbre Group, Inc.)
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.03 shall not apply), the Borrower shall hand deliver or fax telecopy to the Administrative Agent (or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon (11:00 a.m., New York City time) , three Business Days before a proposed Borrowing, and (b) in the case of an ABR a Base Rate Borrowing, not later than 12:00 noon (1:00 p.m., New York City time) , one Business Day before the a proposed Borrowing. Each Borrowing Request shall be irrevocable, shall be signed by or on behalf of the Borrower and shall specify the following information: (i) whether the Borrowing then being requested is to be a Term Borrowing or a Revolving Credit Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing or an ABR a Base Rate Borrowing, provided that any Borrowing on the Closing Date shall be a Base Rate Borrowing; (ii) the date of such Borrowing (which shall be a Business Day), (iii) the number and location of the account to which funds are to be disbursed, disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing, and ; (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; and (vi) if applicable, whether the Borrowing then being requested is a Bank Facility Loan or an Additional Facility Loan (it being understood that no Borrowing shall be comprised of any Additional Facility Loans until the Aggregate Revolving Credit Exposures exceed the Bank Facility Amount); provided, however, that, (x) notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.022.02 and (y) upon the request of the Administrative Agent, during the period from and including the Closing Date to but excluding a date not more than 60 days after the Closing Date, the Borrower shall not be entitled to elect to make Eurodollar Borrowings. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR a Base Rate Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s 's portion of the requested Borrowing.
Appears in 1 contract
Borrowing Procedure. In order to To request a Revolving Borrowing (other than a Swingline Loan as to which this Section shall not apply)or Term Borrowing, the Borrower shall deliver, by hand deliver delivery or fax facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Request for Credit Extension to the Administrative Agent (or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request (ai) in the case of a Eurodollar Term Benchmark Rate Borrowing, not later than 12:00 noon (1:00 p.m., New York City time) , three Business Days before a the date of the proposed BorrowingBorrowing (or, and in the case of the initial extension of credit on the Closing Date, one Business Day before) or (bii) in the case of an ABR Borrowing, not later than 12:00 noon (1:00 p.m., New York City time) one Business Day before , on the date of the proposed Borrowing. Each Borrowing Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable, shall be signed by or on behalf of the Borrower irrevocable and shall specify the following informationinformation in compliance with Section 2.02: (ia) 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 a Eurodollar an ABR Borrowing or an ABR a Term Benchmark Rate Borrowing; (e) in the case of a Term Benchmark Rate Borrowing, (ii) the date of such Borrowing (initial Interest Period to be applicable thereto, which shall be a Business Day), period contemplated by the definition of “Interest Period”; (iiif) the location and number and location of the Borrower’s account to which funds are to be disbursed, (iv) the amount of such Borrowing, and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing which shall comply with the requirements of Section 2.02(c) and (g) if and to the extent required under Section 4.01, that the conditions set forth in clauses (a) and (b) of Section 2.024.01 are satisfied as of the date of the notice. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar requested Term Benchmark Rate Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. The Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, the Administrative Agent shall promptly advise each Lender of the applicable Lenders of any notice given pursuant to this Section (and the contents thereof), details thereof and of each Lenderthe amount of such L▇▇▇▇▇’s portion Loan to be made as part of the requested Borrowing.
Appears in 1 contract
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan as to which this Section shall not apply)Borrowing, the Borrower shall hand deliver or fax to notify the Administrative Agent of such request by irrevocable written notice (or give telephonic notice promptly confirmed by written noticein accordance with the immediately succeeding sentence) a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon (New York City time) 12:30 p.m. three Business Days before a proposed BorrowingBorrowing (or, in the case of any Eurodollar Borrowing to be made on the Original Closing Date, not later than 12:30 p.m. on the Business Day immediately preceding the Original Closing Date) and (b) in the case of an ABR Borrowing, not later than 12:00 noon (New York City time) 12:30 p.m. one Business Day before the a proposed Borrowing. Each such notice shall be in the form of a Borrowing Request and shall be irrevocabledelivered to the Administrative Agent by hand delivery or fax, shall be signed by or on behalf of the Borrower and shall specify the following information: (i) whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing, ; (ii) the date of such Borrowing (which shall be a Business Day), ; (iii) the number and location of the account to which funds are to be disbursed, ; (iv) the amount of such Borrowing, ; and (v) if such Borrowing is to be a Eurodollar Borrowing, the initial Interest Period or Interest Periods with respect thereto; provided, however, that, that notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.
Appears in 1 contract
Sources: Term Loan Agreement (CDW Corp)
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan as to which this Section shall not apply)Borrowing, the Lead Borrower shall hand deliver or fax to notify the Administrative Agent (or give telephonic notice promptly confirmed of such request by written notice) a duly completed Borrowing Request telephone (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon (noon), New York City time) , three Business Days (or, in the case of the Term B Loans to be borrowed on the Amendment No. 1 Effective Date, such later time as may be agreed by the Administrative Agent) before a proposed Borrowing, and (b) in the case of an ABR Borrowing, not later than 12:00 noon (noon, New York City time) , one Business Day before the a proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable, and shall be signed confirmed promptly by hand delivery or on behalf fax to the Administrative Agent of the Borrower a written Borrowing Request and shall specify the following information: (i) whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing, ; (ii) the date of such Borrowing (which shall be a Business Day), ; (iii) the number and location of the account to which funds are to be disbursed, ; (iv) the amount of such Borrowing, ; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Lead Borrower shall be deemed to have selected an Interest Period of one month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.
Appears in 1 contract
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan as to which this Section shall not apply)Borrowing, the Borrower shall hand deliver or fax telecopy to the Administrative Agent (or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request (or telephone the Administrative Agent, promptly confirmed with a written and duly completed Borrowing Request) (a) in the case of a Eurodollar Eurocurrency Borrowing, not later than 12:00 noon (noon), New York City time) , three Business Days before a proposed Borrowing, and (b) in the case of an ABR Borrowing, not later than 12:00 noon (1:00 p.m., New York City time) , one Business Day before the a proposed Borrowing. Each Borrowing Request (including a telephonic Borrowing Request) shall be irrevocable, shall be signed by or on behalf of the Borrower and shall specify the following information: (i) whether such the Borrowing is to be a Eurodollar Eurocurrency Borrowing or an ABR Borrowing, ; (ii) the date of such Borrowing (which shall be a Business Day), ; (iii) the number and location of the account to which funds are to be disbursed, disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing, and ; (v) if such Borrowing is to be a Eurodollar Eurocurrency Borrowing, the initial Interest Period with respect thereto; (vi) whether such Borrowing is a Powerscreen Borrowing or a Cedarapids Borrowing; and (vii) if such Borrowing is a Powerscreen Borrowing, whether it is subject to the conditions of Section 4.02 or 4.03; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Eurocurrency Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s 's portion of the requested BorrowingBorrowing and the account to which Loans made in connection with the requested Borrowing are to be wired.
Appears in 1 contract
Sources: Credit Agreement (Terex Corp)
Borrowing Procedure. In order to To request a Borrowing (other than a Swingline Loan as to which this Section shall not apply)under the Revolving Credit Facility or the Term Loan, the Relevant Borrower shall hand deliver or fax to notify the Administrative Agent of such request by telecopy or electronic transmission (or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request (ai) in the case of a Eurodollar BorrowingBorrowing of LIBOR Rate Loans, not later than 12:00 noon (p.m., New York City time) , three Business Days before a the date of the proposed Borrowing, Borrowing and (bii) in the case of an ABR Borrowinga Borrowing of Base Rate Loans, not later than 12:00 noon (p.m., New York City time) , one Business Day before the date of the proposed Borrowing. Each Borrowing Request Notwithstanding the foregoing, all Borrowings on the Closing Date shall be irrevocableBorrowings of Base Rate Loans, unless the Administrative Agent shall be signed by or on behalf have received a satisfactory funding indemnity letter and advance written notice pursuant to the terms of the Borrower and this Section 2.03. Each such written Notice of Borrowing shall specify the following information: information in compliance with Section 2.02:
(ia) the aggregate amount of such Borrowing;
(b) the date of such Borrowing, which shall be a Business Day;
(c) whether such Borrowing is to be a Eurodollar Borrowing of Base Rate Loans or an ABR Borrowinga Borrowing of LIBOR Rate Loans;
(d) in the case of a Borrowing of LIBOR Rate Loans, (ii) the date of such Borrowing (initial Interest Period to be applicable thereto, which shall be a Business Day), period contemplated by the definition of the term “Interest Period”;
(iiie) the location and number and location of the account to which funds are to be disbursed, ;
(ivf) the amount of such Borrowing, and (v) if such Borrowing is Facility under which the Loans are to be a Eurodollar Borrowing, borrowed; and
(g) that the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements conditions set forth in Section 2.026 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 in any such noticespecified, then the requested Borrowing shall be an ABR Borrowinga Borrowing of Base Rate Loans. If no Interest Period is specified with respect to any Eurodollar requested Borrowing is specified in any such noticeof LIBOR Rate Loans, then the Relevant Borrower shall be deemed to have selected an Interest Period of one month’s duration. The Promptly following receipt of a Notice of Borrowing in accordance with this Section 2.03, the Administrative Agent shall promptly advise each Lender of the applicable Lenders of any notice given pursuant to this Section (and the contents thereof), details thereof and of each the amount of such Lender’s portion Loan to be made as part of the requested Borrowing.
Appears in 1 contract
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.02(f) or 2.02(g), as to which this Section 2.03 shall not apply), the Borrower shall hand deliver or fax to notify the Administrative Agent (or give telephonic notice promptly confirmed of such request either in writing by written notice) delivery of a duly completed Borrowing Request (by hand or facsimile) or by telephone not later than (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon (noon), New York City time) , three Business Days before a proposed Borrowing, and (b) in the case of an ABR Borrowing, not later than 12:00 noon (noon), New York City time) , one Business Day before the a proposed Borrowing. Each A telephonic Borrowing Request shall be irrevocable, irrevocable and shall be signed confirmed promptly by hand delivery or on behalf facsimile to the Administrative Agent of the Borrower a duly completed written Borrowing Request. Each such telephonic and written Borrowing Request shall specify the following information: (i) whether the Borrowing then being requested is to be a Term Borrowing or a Revolving Credit Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing, ; (ii) the date of such Borrowing (which shall be a Business Day), ; (iii) the number and location of the account to which funds are to be disbursed, disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing, ; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.
Appears in 1 contract
Sources: Credit Agreement (Ryan's Restaurant Leasing Company, LLC)
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan deemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.03 shall not apply), the Borrower shall hand deliver or fax to notify the Administrative Agent (or give telephonic notice promptly confirmed of such request by written notice) a duly completed Borrowing Request telephone (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon (noon), New York City time) , three Business Days before a proposed BorrowingBorrowing (or, in the case of the Closing Date, such later date on or before the Closing Date as the Administrative Agent may agree), and (b) in the case of an ABR Borrowing, not later than 12:00 noon (10:00 a.m., New York City time) one Business Day before , on the day of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable, and shall be signed confirmed promptly by hand delivery or on behalf fax to the Administrative Agent of the Borrower a written Borrowing Request and shall specify the following information: (i) whether the Borrowing then being requested is to be a Term Borrowing, an Incremental Term Borrowing or a Revolving Credit Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing with an Interest Period in excess of one month or an ABR Borrowing, ; (ii) the date of such Borrowing (which shall be a Business Day), ; (iii) the number and location of the account to which funds are to be disbursed, ; (iv) the amount of such Borrowing, ; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), ) and of each Lender’s portion of the requested Borrowing.
Appears in 1 contract
Borrowing Procedure. In order to To request a Borrowing (other than a Swingline Loan as to which this Section shall not apply)Revolving Borrowing, the Borrower shall deliver, by hand deliver delivery or fax telecopy, a duly completed and executed Borrowing Request to the Administrative Agent (or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request (ai) in the case of a Eurodollar Borrowing, not later than 12:00 noon (11:00 a.m., New York City time) , three Business Days before a the date of the proposed Borrowing, and Borrowing or (bii) in the case of an ABR Borrowing, not later than 12:00 noon (11:00 a.m., New York City time) one Business Day before , on the date of the proposed Borrowing. Each Borrowing Request shall be irrevocable, shall be signed by or on behalf of the Borrower irrevocable and shall specify the following information: information in compliance with Section 2.02:
(ia) the aggregate amount of such Borrowing;
(b) the date of such Borrowing, which shall be a Business Day;
(c) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing or an ABR Borrowing;
(d) in the case of a Eurodollar Borrowing, (ii) the date of such Borrowing (initial Interest Period to be applicable thereto, which shall be a Business Day), period contemplated by the definition of the term “Interest Period”;
(iiie) the location and number and location of the Borrower’s account to which funds are to be disbursed, (iv) the amount of such Borrowing, and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing which shall comply with the requirements of Section 2.02; and
(f) that the conditions set forth in Section 2.02Sections 4.02(b)-(e) are satisfied as of the date of the notice. If no election as to the Type of Borrowing is specified in any such noticespecified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing is specified in any such noticeRevolving Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. The Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall promptly advise each Lender of the applicable Lenders of any notice given pursuant to this Section (and the contents thereof), details thereof and of each the amount of such Lender’s portion Loan to be made as part of the requested Borrowing.
Appears in 1 contract
Borrowing Procedure. In order to request Whenever Borrower desires a Borrowing (other than a Swingline Loan as to which this Section shall not apply)hereunder, the Borrower shall hand deliver or fax give Lender written notice in a form which is acceptable to the Administrative Agent (or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request Lender specifying (a) the date (which shall be a Business Day in the case of a Prime Rate Loan or a Eurodollar Business Day in a case of a Eurodollar Loan) of the proposed borrowing, (b) the amount to be borrowed, (c) the portion of the borrowing constituting a Prime Rate Loan and/or a Eurodollar Loan (which may only be in Incremental Portions), and (d) if any portion of the proposed borrowing constitutes a Eurodollar Loan, the initial Eurodollar Interest Period selected by Borrower (one month, two months, three months or six months). Such notice shall be given by 10:00 a.m. (Dallas, Texas time) on the date of the proposed borrowing in the case of a Prime Rate Loan, and by 10:00 a.m. (Dallas, Texas time) two (2) Business Days prior to the date of the proposed borrowing in the case of a Eurodollar BorrowingLoan. The notice may be given telephonically by Borrower to Lender, not but upon giving such telephonic notice Borrower shall immediately thereafter provide Lender with the written notice described above. All notices given under this Section shall be irrevocable. Not later than 12:00 noon (New York City Dallas, Texas time) three Business Days before a 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 Borrowing Request shall be irrevocable, shall be signed by or on behalf of the Borrower and shall specify the following information: (i) whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing, (ii) the date of the proposed borrowing and upon fulfillment of all other conditions required by this Agreement, Lender will make such Borrowing (which shall be a Business Day), (iii) the number and location of the account Loan available to which funds are to be disbursed, (iv) Borrower by crediting the amount of such Borrowing, and (v) if such Borrowing is thereof to Borrower's account with Lender or otherwise disbursing it as Borrower may request in writing. No Loans may be a Eurodollar Borrowing, made on or after noon on the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with day before the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section (and the contents thereof), and of each Lender’s portion of the requested BorrowingMaturity Date.
Appears in 1 contract
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan as to which this Section shall not apply)Borrowing, the Borrower shall hand deliver or fax to the Administrative Agent (or give telephonic telephone notice promptly confirmed by written or fax notice) to the Administrative Agent a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, Borrowing not later than 12:00 noon (Noon, New York City time) , three Business Days before a proposed Borrowing, Borrowing and (b) in the case of an ABR Borrowing, not later than 12:00 noon (Noon, New York City time) , one Business Day before the a proposed Borrowing. Each Borrowing Request shall be irrevocable, shall be signed by or on behalf of the Borrower and shall specify the following information: (i) whether such the Borrowing then being requested is to be a Eurodollar Term Borrowing or an ABR a Liquidity Facility Borrowing, ; (ii) the date of such Borrowing (which shall be a Business Day), ) and whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing; (iii) the number and location of the account to which funds are to be disbursed, disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing, ; and (v) if such Borrowing is to be a Eurodollar Borrowing, the initial Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to in accordance with this Section 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.
Appears in 1 contract
Sources: Credit Agreement (Dynegy Inc /Il/)
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan as to which this Section shall not apply)Borrowing, the Borrower shall notify the Administrative Agent by telephone (promptly confirmed by fax) or shall hand deliver or fax to the Administrative Agent (or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon p.m. (noon), New York City time) , three Business Days before a proposed Borrowing, Borrowing and (b) in the case of an ABR Borrowing, not later than 12:00 noon p.m. (noon), New York City time) , one Business Day before the a proposed Borrowing. Each Borrowing Request shall be irrevocable, shall be signed by or on behalf of the Borrower and shall specify the following information: (i) whether such the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing, ; (ii) the date of such Borrowing (which shall be a Business Day), ; (iii) the number and location of the account to which funds are to be disbursed, disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing, ; and (v) if such Borrowing is to be a Eurodollar Borrowing, the initial Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to in accordance with this Section 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.
Appears in 1 contract
Sources: Second Lien Credit Agreement (True Temper Sports Inc)
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.03 shall not apply), the applicable Borrower shall hand deliver or fax to the Administrative Agent (or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request (a) in the case of a Eurodollar Fixed Rate Borrowing, not later than 12:00 noon (New York City time) 1:00 p.m., Local Time, three Business Days before a proposed Borrowing, and (b) in the case of an ABR a Daily Rate Borrowing, not later than 12:00 noon (New York City time) one noon, Local Time, on the Business Day before the of a proposed Borrowing. Each Borrowing Request shall be irrevocable, shall be signed by or on behalf of the applicable Borrower and shall specify the following information: (i) the currency and Class of such Borrowing and whether such Borrowing is to be a Eurodollar Fixed Rate Borrowing or an ABR a Daily Rate Borrowing, ; (ii) the date of such Borrowing (which shall be a Business Day), ; (iii) the number and location of the account to which funds are to be disbursed, disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing, ; and (v) if such Borrowing is to be a Eurodollar Fixed Rate Borrowing, the Interest Period or Contract 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 Section 2.022.02 and (y) except as expressly provided in Section 2.08 or 2.15, no Borrower may request a Daily Rate Borrowing that is a Foreign Base Rate Borrowing. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR a Daily Rate Borrowing if denominated in dollars or Canadian Dollars, and a Fixed Rate Borrowing with a one-month Interest Period or Contract Period otherwise. If no election as to the Class of any Revolving Credit Borrowing by the U.S. Borrower is received, then, to the extent of the available Domestic Revolving Credit Commitments, such Borrowing shall be a Domestic Revolving Credit Borrowing. If no Interest Period or Contract Period with respect to any Eurodollar Fixed Rate Borrowing is specified in any such notice, then the applicable Borrower shall be deemed to have selected an Interest Period or Contract Period of one month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.
Appears in 1 contract
Sources: Amendment and Restatement Agreement (Cbre Group, Inc.)
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan deemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.03 shall not apply), the a Borrower shall hand deliver or fax telecopy to the Administrative Agent (or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon (11:00 a.m., New York City time) , three Business Days before a proposed Borrowing, Borrowing and (b) in the case of an ABR Borrowing, not later than 12:00 noon (noon, New York City time) , one Business Day before the a proposed Borrowing. Each Borrowing Request shall be irrevocable, shall be signed by or on behalf of the applicable Borrower and shall specify the following information: (i) whether the Borrowing then being requested is to be a Term Borrowing or a Revolving Credit Borrowing (and in the case of a Term Borrowing the Commitments pursuant to which the Loans comprising such Borrowing are to be made), and whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing, ; (ii) the date of such Borrowing (which shall be a Business Day), ; (iii) the number and location of the account to which funds are to be disbursed, disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing, ; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s 's portion of the requested Borrowing.
Appears in 1 contract
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.03 shall not apply), the Borrower Borrowers shall hand deliver or fax to the Administrative Agent (or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon (11:00 a.m., New York City time) , three Business Days before a proposed Borrowing, and (b) in the case of an ABR Borrowing, not later than 12:00 noon (noon, New York City time) , one Business Day before the a proposed Borrowing. Each Borrowing Request shall be irrevocable, shall be signed by or on behalf of the Borrower Borrowers and shall specify the following information: (i) whether the Borrowing then being requested is to be a Tranche B Term Borrowing, an Incremental Term Borrowing or a Revolving Credit Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing, ; (ii) the date of such Borrowing (which shall be a Business Day), (iii) the number and location of the account to which funds are to be disbursed, disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing, ; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower Borrowers shall be deemed to have selected an Interest Period of one month’s 's duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s 's portion of the requested Borrowing.
Appears in 1 contract
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan deemed Borrowing pursuant to Section 2.02(f) or a Borrowing of Swing Line Loans under Section 2.23 as to which this Section 2.03 shall not apply), the Borrower shall hand deliver or fax to notify the Administrative Agent (or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request of such request (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon (noon), New York City time, three (3) three Business Days before a proposed Borrowing, and (b) in the case of an ABR Borrowing, not later than 12:00 noon (noon), New York City time) one , on the Business Day before prior to the requested date of a proposed Borrowing. Each such Borrowing Request shall be irrevocable, shall be signed in the form of a written Borrowing Request delivered by hand or on behalf of fax to the Borrower Administrative Agent and shall specify the following information: (i) whether the Borrowing then being requested is to be a Revolving Credit Borrowing, a Refinancing Revolving Loan Borrowing, a Refinancing Term Loan Borrowing or an Incremental Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing, ; (ii) the date of such Borrowing (which shall be a Business Day), ; (iii) the number and location of the account to which funds are to be disbursed, ; (iv) the amount of such Borrowing, ; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.
Appears in 1 contract
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.03 shall not apply), the Borrower shall hand deliver or fax telecopy to the Administrative Agent (or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon (New York City 11:00 a.m., Eastern time) , three Business Days before a proposed Borrowing, and (b) in the case of an ABR Borrowing, not later than 12:00 noon (New York City 10:00 a.m., Eastern time) one , on the same Business Day before as the proposed Borrowing. Each Borrowing Request shall be irrevocable, shall be signed by or on behalf of the Borrower and shall specify the following information: (i) whether the Borrowing then being requested is to be a Term Borrowing, an Incremental Term Borrowing or a Revolving Credit Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing, ; (ii) the date of such Borrowing (which shall be a Business Day), ; (iii) the number and location of the account to which funds are to be disbursed, ; (iv) the amount of such Borrowing, ; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.
Appears in 1 contract
Sources: Credit Agreement (Overnite Corp)
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.01(a) or Section 2.02(f), as to which this Section 2.03 shall not apply), the Borrower shall notify the Administrative Agent by telephone (promptly confirmed by fax) or shall hand deliver or fax to the Administrative Agent (or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon (noon), New York City time) , three Business Days before a proposed Borrowing, Borrowing and (b) in the case of an ABR Borrowing, not later than 12:00 noon (noon), New York City time) , one Business Day before the a proposed Borrowing; provided, however, that with respect to ABR Borrowings in respect of Term Loans made pursuant to and in accordance with Section 2.01(a) 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. Each Borrowing Request shall be irrevocable, shall be signed by or on behalf of the Borrower and shall specify the following information: (i) whether the Borrowing then being requested is to be a Term Borrowing or a Revolving Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing, ; (ii) the date of such Borrowing (which shall be a Business Day), ; (iii) the number and location of the account to which funds are to be disbursed, ; (iv) the amount of such Borrowing, ; and (v) if such Borrowing is to be a Eurodollar Borrowing, the initial Interest Period with respect theretothereto and the Class of Loans to which such initial Interest Period will apply; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to in accordance with this Section 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing. On the Closing Date, (i) all Tranche A Revolving Loans that were outstanding as Eurodollar Loans immediately prior to the reclassification pursuant to Section 2.01(b) shall be continued as Eurodollar Loans in a single Borrowing thereof with an Interest Period to be selected by the Borrower one Business Day prior to the Closing Date pursuant to a notice delivered pursuant to Section 2.10 and (ii) all Tranche B Revolving Loans that were outstanding as Eurodollar Loans immediately prior to the reclassification pursuant to Section 2.01(b) shall be continued as Eurodollar Loans in a single Borrowing thereof with an Interest Period to be selected by the Borrower one Business Day prior to the Closing Date pursuant to a notice delivered pursuant to Section 2.10.
Appears in 1 contract
Sources: Credit Agreement (NRG Energy, Inc.)
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan as to which this Section shall not apply)Borrowing, the applicable Borrower shall hand deliver or fax telecopy to the Administrative Agent (or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request substantially in the form of Exhibit C (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon (noon), New York City time) , three Business Days before a proposed Borrowing, and (b) in the case of an ABR Borrowing, not later than 12:00 noon (noon, New York City time) , one Business Day before the a proposed Borrowing; provided, however, that Borrowing Requests with respect to 34 27 Borrowings to be made on the Closing Date may, at the discretion of the Administrative Agent, be delivered later than the times specified above. Each Borrowing Request shall be irrevocable, shall be signed by or on behalf of the applicable Borrower and shall specify the following information: (i) whether such the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing, ; (ii) the date of such Borrowing (which shall be a Business Day), (iii) the number and location of the account to which funds are to be disbursed, (iv) the amount of such Borrowing, and (viv) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect theretothereto and (v) whether such Borrowing is to be a Revolving Credit Borrowing or an Interim Standby Borrowing; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. The Administrative Agent shall promptly (and in any event on the same day that the Administrative Agent receives such notice, if received by 1:00 p.m., New York City time, on such day) advise the applicable Lenders of any notice given pursuant to this Section (and the contents thereof), 2.03 and of each Lender’s 's portion of the requested Borrowing. If the applicable Borrower shall not have delivered a Borrowing Request in accordance with this Section 2.03 prior to the end of the Interest Period then in effect for any Revolving Credit Borrowing requesting that such Borrowing be refinanced, then such Borrower shall (unless such Borrower has notified the Administrative Agent, not less 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 Borrowing of equivalent amount, and such new Borrowing shall be an ABR Borrowing. If the applicable Borrower shall not have delivered a Borrowing Request in accordance with this Section 2.03 prior to the end of the Interest Period then in effect for any Interim Standby Borrowing requesting that such Borrowing by refinanced, then such Borrower shall (unless such Borrower has notified the Administrative Agent, not less 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) to deemed to have delivered a Borrowing Request requesting that such Borrowing be refinanced with a new Borrowing of equivalent amount, and such new Borrowing shall be an ABR Borrowing.
Appears in 1 contract
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan deemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.03 shall not apply), the Borrower shall hand deliver or fax telecopy to the Administrative Agent (or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon (New York City 9:00 a.m., California time) , at least three Business Days before a proposed Borrowing, and (b) in the case of an ABR Borrowing, not later than 12:00 noon (New York City 10:00 a.m., California time) , one Business Day before the a proposed Borrowing. Each Borrowing Request shall be irrevocable, shall be signed by or on behalf of the Borrower and shall specify the following information: (i) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing Borrowing; provided that until the Arranger shall have notified the Borrower that the primary syndication of the Commitments has been completed (which notice shall be given as promptly as practicable and, in any event, within 180 days after the Closing Date), the Borrower shall only be permitted to request (x) ABR Borrowings or (y) Eurodollar Borrowings with an ABR BorrowingInterest Period of seven days, unless otherwise agreed to by the Administrative Agent; (ii) the date of such Borrowing (which shall be a Business Day), ; (iii) the number and location of the account to which funds are to be disbursed, disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing, ; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration, except as set forth above. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), ) and of each Lender’s 's portion of the requested Borrowing.
Appears in 1 contract
Borrowing Procedure. In After the Closing Date, in order to request a Borrowing under the Revolving Loans (other than a Swingline Loan deemed Borrowing pursuant to Section 2.02(f) hereof, as to which this Section 2.03 shall not apply), the Borrower shall hand deliver or fax telecopy to the Administrative Agent (or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon (New York City 11:00 a.m., Dallas, Texas time) , three Business Days before a proposed BorrowingBorrowing under the Revolving Loans, and (b) in the case of an ABR Borrowing, not later than 12:00 noon 10:00 a.m., Dallas, Texas on the date (New York City timewhich shall be a Business Day) one Business Day before of a proposed Borrowing under the proposed BorrowingRevolving Loans. Each Borrowing Request shall be irrevocable, shall be signed by or on behalf of the Borrower and shall specify the following information: (i) whether such the Borrowing under the Revolving Loans then being requested is to be a Eurodollar Borrowing or an ABR Borrowing (it being understood that the Borrowing under the Revolving Loans on the Closing Date shall be an ABR Borrowing, ); (ii) the date of such Borrowing under the Revolving Loans (which shall be a Business Day), ; (iii) the number and location of the account to which funds are to be disbursed, ; (iv) the amount of such Borrowing, and Borrowing under the Revolving Loans; (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; providedthereto and (vi) so long as Section 6.10 hereof is still in effect, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with that the requirements set forth in Section 2.02attached Compliance Certificate demonstrates no Default or Event of Default after giving effect to such Borrowing. If no election as to the Type of Borrowing under the Revolving Loans is specified in any such notice, then the requested Borrowing under the Revolving Loans shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 hereof (and the contents thereof), and of each Lender’s 's portion of the requested BorrowingBorrowing under the Revolving Loans.
Appears in 1 contract
Borrowing Procedure. In order to request a Borrowing (other than a deemed Borrowing pursuant to Section 2.02(f) or a Swingline Loan Loan, as to which this Section shall not apply), the Borrower shall hand deliver or fax to the Administrative Agent (or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon (11:00 a.m., New York City time) , three Business Days before a proposed Borrowing, ; and (b) in the case of an ABR Borrowing, not later than 12:00 noon (noon, New York City time) , one Business Day before the a proposed Borrowing. Each Borrowing Request shall be irrevocable, shall be signed by or on behalf of the Borrower and shall specify the following information: (i) whether the Borrowing then being requested is to be a Term Borrowing or a Revolving Credit Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing, ; (ii) the date of such Borrowing (which shall be a Business Day), (iii) the number and location of the account to which funds are to be disbursed, disbursed (which shall be an account that complies with the requirements of Section 2.02(c); (iv) the amount of such Borrowing, Borrowing and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section (and the contents thereof)Section, and of each Lender’s 's portion of the requested Borrowing.
Appears in 1 contract
Borrowing Procedure. In order to To request a Revolving Borrowing (other than a Swingline or Term Loan as to which this Section shall not apply)Borrowing, the Borrower Borrowers shall deliver, by hand deliver delivery or fax facsimile or other electronic transmission if arrangements for doing so have been approved in writing by the Administrative Agent, a duly completed and executed Borrowing Request to the Administrative Agent Agent, (i) for any Term Loan Borrowing or Delayed Draw Term Loan Borrowing, not later than 9:00 a.m., New York City time (or give telephonic notice promptly confirmed by written noticesuch 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 a Term Loan Borrowing to be made on the Closing Date, not later than 9:00 a.m., New York City time, one Business Day before the date of the proposed Borrowing), and (ii) a duly completed Borrowing Request for any Revolving Borrowing, (ax) in the case of a Eurodollar Borrowing, not later than 12:00 noon (9:00 a.m., New York City time) time (or such later time on such Business Day as may be reasonably acceptable to the Administrative Agent), three Business Days before a the date of the proposed Borrowing, and Borrowing or (by) in the case of an ABR Borrowing, not later than 12:00 noon (9:00 a.m., New York City time) time (or such later time as may be reasonably acceptable to the Administrative Agent), one Business Day before prior to the date of the proposed Borrowing. Each Borrowing Request shall be irrevocable, shall be signed by or on behalf of the Borrower irrevocable and shall specify the following information: information in compliance with Section 2.02:
(ia) whether the requested Borrowing is to be a Borrowing of Revolving Loans, Delayed Draw Term 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 or an ABR Borrowing;
(e) in the case of a Eurodollar Borrowing, (ii) the date of such Borrowing (initial Interest Period to be applicable thereto, which shall be a Business Day), period contemplated by the definition of the term “Interest Period”;
(iiif) the location and number and location of the account to which funds are to be disbursed, ; and
(ivg) the amount of such Borrowing, and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; providedto each Credit Extension made on or after the Closing Date, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with that the requirements conditions set forth in Section 2.024.02(b), Section 4.02(c) and Section 4.02(d) will be satisfied or waived as of the date the requested Borrowing is made. If no election as to the Type of Borrowing is specified in any such noticespecified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any a Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected with an Interest Period of one month’s duration. The If the Borrowers request a Eurodollar Borrowing but fail to specify an Interest Period, the Borrowers will be deemed to have 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 promptly advise each Lender of the applicable Lenders of any notice given pursuant to this Section (and the contents thereof), details thereof and of each the amount of such Lender’s portion Loan to be made as part of the requested Borrowing.
Appears in 1 contract
Borrowing Procedure. In order to To request a Borrowing (other than a Swingline Loan as to which this Section shall not apply)Borrowing, the Borrower shall deliver, by hand deliver delivery, facsimile or fax email (or by telephone confirmed promptly in writing by facsimile or other electronic transmission if arrangements for doing so have been approved in writing (including via email) by the Administrative Agent), a duly completed and executed Borrowing Request to the Administrative Agent (or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request (ai) in the case of a Eurodollar Borrowing, not later than 2:00 p.m., New York City time (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 to be made on the Closing Date, not later than 12:00 noon (p.m., New York City time, one (1) three Business Days Day before a the date of the proposed Borrowing, and ) or (bii) in the case of an ABR Borrowing, not later than 12:00 noon (noon, New York City time) one time (or such later time on such Business Day before as may be reasonably acceptable to the Administrative Agent), on the Business Day prior to the proposed Borrowing. Each Borrowing Request shall be irrevocable, shall be signed by or on behalf of the Borrower irrevocable and shall specify the following information: information in compliance with 0:
(ia) the aggregate amount of such Borrowing;
(b) the date of such Borrowing, which shall be a Business Day;
(c) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing or an ABR Borrowing;
(d) in the case of a Eurodollar Borrowing, (ii) the date of such Borrowing (initial Interest Period to be applicable thereto, which shall be a Business Day), period contemplated by the definition of the term “Interest Period”;
(iiie) the location and number and location of the account to which funds are to be disbursed, ; and
(ivf) the amount of such Borrowing, and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; providedto each Credit Extension, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with that the requirements conditions set forth in Section 2.024.02(b) and Section 4.02(c) will be satisfied or waived as of the date the requested Borrowing is made. If no election as to the Type of Borrowing is specified in any such noticespecified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any a Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected with an Interest Period of one month’s duration. The If the Borrower requests a Eurodollar Borrowing but fails to specify an Interest Period, the Borrower will be deemed to have 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 promptly advise each Lender of the applicable Lenders of any notice given pursuant to this Section (and the contents thereof), details thereof and of each the amount of such Lender’s portion Term Loan to be made as part of the requested Borrowing. The Borrowing Request in respect of any Term 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 Term 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: Second Lien Credit Agreement (Allvue Systems Holdings, Inc.)
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or, a deemed Borrowing pursuant to Section 2.02(f) or a Borrowing pursuant to Section 2.01(b)(ii), as to which this Section 2.03 shall not apply), the relevant Borrower shall hand deliver or fax to notify the Administrative Agent (or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request of such request (a) in the case of a Eurodollar Borrowing or a BA Rate Borrowing, not later than 12:00 noon (New York City time) three 12:30 p.m. 3 Business Days (or 4 Business Days in the case of a Special Notice Currency) before a proposed Borrowing, Borrowing and (b) in the case of an ABR Borrowing or Canadian Base Rate Borrowing, not later than 12:00 noon (New York City time) one 12:30 p.m. 1 Business Day before the a proposed Borrowing. Each Borrowing Request such request shall be irrevocable, shall be signed by or on behalf delivered to the Administrative Agent in the form of the Borrower a written Borrowing Request and shall specify the following information: (i) the Class of Borrowing requested and whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing or, in the case of a Borrowing in Canadian Dollars, whether such Borrowing is to be a BA Rate Borrowing or a Canadian Base Rate Borrowing, ; (ii) the date of such Borrowing (which shall be a Business Day), ; (iii) the number and location of the account to which funds are to be disbursed, ; (iv) the amount and currency of such Borrowing, ; and (v) if such Borrowing is to be a Eurodollar Borrowing or a BA Rate Borrowing, the initial Interest Period or Interest Periods with respect theretothereto and (vi) the Revolving Credit Exposure (after giving effect to the proposed Borrowing); provided, however, that, that notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. 2.02 If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing or, in the case of a Borrowing in Canadian Dollars, a Canadian Base Rate Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the relevant Borrower shall be deemed to have selected an Interest Period of one 1 month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.
Appears in 1 contract
Sources: Credit Agreement (VWR Corp)
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan as to which this Section shall not apply)Borrowing, the Borrower shall hand deliver or fax telecopy to the Administrative Agent (or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon (10:30 a.m., New York City time) , three Business Days before a proposed Borrowing, Borrowing and (b) in the case of an ABR Borrowing, not later than 12:00 noon (10:30 a.m., New York City time) one Business Day before , on the day of a proposed Borrowing. Each Borrowing Request Such notice shall be irrevocable, shall be signed by or on behalf of the Borrower irrevocable and shall in each case specify the following information: (i) whether such the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing, ; (ii) the date of such Borrowing (which shall be a Business Day)) and the amount thereof, (iii) the number and location of the account to which funds are to be disbursed, (iv) the amount of such Borrowing, and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, howeverwhich shall not end after the Maturity Date, that, notwithstanding any contrary specification in any and (iv) whether such Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02is of Revolving Loans or Term Loans. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Notwithstanding any other provision of this Agreement to the contrary, the Borrower shall not be entitled to request any Borrowing if the Interest Period requested with respect to such Borrowing would end after the Maturity Date. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section (and the contents thereof), 2.03 and of each Lender’s 's portion of the requested Borrowing.
Appears in 1 contract
Sources: Revolving Credit and Term Loan Facility Agreement (Lucent Technologies Inc)
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.03 shall not apply), the Borrower shall hand deliver or fax to notify the Administrative Agent (or give telephonic notice promptly confirmed of such request by written notice) a duly completed Borrowing Request telephone (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon (New York City time) three Business Days before a proposed Borrowing, and (b) in the case of an ABR Borrowing, not later than 12:00 noon (New York City time) one Business Day before the a proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable, and shall be signed confirmed promptly by hand delivery or on behalf fax to the Administrative Agent of the Borrower a written Borrowing Request and shall specify the following information: (i) whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing, ; (ii) the date of such Borrowing (which shall be a Business Day), ; (iii) the number and location of the account to which funds are to be disbursed, ; (iv) the amount of such Borrowing, ; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s 's portion of the requested Borrowing.
Appears in 1 contract
Sources: Revolving Loan Credit Agreement (Network Communications, Inc.)
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan as to which this Section shall not apply), the either Borrower shall hand deliver or fax to the Administrative Agent (or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing or any ABR Borrowing that is a Revolving Credit Borrowing, not later than 12:00 noon (New York City Toronto time) three Business Days before a proposed Borrowing, and (b) in the case of an ABR Borrowing other than any ABR Borrowing that is a Revolving Credit Borrowing, not later than 12:00 noon (New York City Toronto time) one Business Day before the a proposed Borrowing. Each Borrowing Request shall be irrevocable, shall be signed by or on behalf of the respective Borrower and shall specify the following information: (i) whether the Borrowing then being requested is to be a Term Borrowing or, in the case of a Borrowing Request delivered by Corel, a Revolving Credit Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing, (ii) with respect to Revolving Credit Borrowings, the date of such Borrowing (which shall be a Business Day), (iii) the number and location of the account to which funds are to be disbursed, (iv) the amount of such Borrowing, and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the respective Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section (and the contents thereof), and of each Lender’s portion of the requested Borrowing.of
Appears in 1 contract
Sources: Credit Agreement (Corel Corp)
Borrowing Procedure. In order to To request a Credit Extension, Borrowers shall deliver, by facsimile, a duly completed and executed Borrowing (other than a Swingline Loan as to which this Section shall not apply), the Borrower shall hand deliver or fax Request to the Administrative Agent (or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request (ai) in the case of a Eurodollar Borrowing, not later than 12:00 noon (noon, New York City time) , three Business Days before a the date of the proposed Borrowing, and Borrowing or (bii) in the case of an ABR Borrowing, not later than 12:00 noon (noon, New York City time) , one Business Day before the date of the proposed Borrowing. Each Borrowing Request shall be irrevocable, shall be signed by or on behalf of the Borrower irrevocable and shall specify the following information: information in compliance with Section 2.02:
(ia) the Tranche of Loans requested;
(b) the aggregate amount of such Borrowing of each Tranche;
(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 or an ABR Borrowing;
(e) in the case of a Eurodollar Borrowing, (ii) the date of such Borrowing (initial Interest Period to be applicable thereto, which shall be a Business Day), period contemplated by the definition of the term “Interest Period”;
(iiif) the location and number and location of the Borrowers’ account to which funds are to be disbursed, (iv) the amount of such Borrowing, and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing which shall comply with the requirements of Section 2.02(c); and
(g) that the conditions set forth in Section 2.02Sections 4.02(b)-(d) have been satisfied as of the date of the notice. If no election as to the Type of Borrowing is specified in any such noticespecified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing is specified in any such noticeBorrowing, then the Borrower Borrowers shall be deemed to have selected an Interest Period of one month’s duration. The Promptly following receipt of a Borrowing Request in accordance with this Section 2.03, the Administrative Agent shall promptly advise each Lender of the applicable Lenders of any notice given pursuant to this Section (and the contents thereof), details thereof and of each the amount of such Lender’s portion Loan to be made as part of the requested Borrowing.
Appears in 1 contract
Sources: Credit Agreement (Rovi Corp)
Borrowing Procedure. In After the Closing Date, in order to request a Borrowing under the Revolving Loans (other than a Swingline Loan deemed Borrowing pursuant to Section 2.02(g) hereof, as to which this Section 2.03 shall not apply), the Borrower shall hand deliver or fax telecopy to the Administrative Agent (or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon (New York City 11:00 a.m., Dallas, Texas time) , three Business Days before a proposed BorrowingBorrowing under the Revolving Loans, and (b) in the case of an ABR Borrowing, not later than 12:00 noon 10:00 a.m., Dallas, Texas on the date (New York City timewhich shall be a Business Day) one Business Day before of a proposed Borrowing under the proposed BorrowingRevolving Loans. Each Borrowing Request shall be irrevocable, shall be signed by or on behalf of the Borrower and shall specify the following information: (i) whether such the Borrowing under the Revolving Loans then being requested is to be a Eurodollar Borrowing or an ABR Borrowing (it being understood that the Borrowing under the Revolving Loans on the Closing Date shall be an ABR Borrowing, ); (ii) the date of such Borrowing under the Revolving Loans (which shall be a Business Day), ; (iii) the number and location of the account to which funds are to be disbursed, disbursed (which shall be an account that complies with the requirements of Section 2.02(c)) hereof; (iv) the amount of such Borrowing, Borrowing under the Revolving Loans; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing under the Revolving Loans is specified in any such notice, then the requested Borrowing under the Revolving Loans shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 hereof (and the contents thereof), and of each Lender’s 's portion of the requested BorrowingBorrowing under the Revolving Loans.
Appears in 1 contract
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan deemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.03 shall not apply), the Borrower shall hand deliver or fax to notify the Administrative Agent (or give telephonic notice promptly confirmed of such request by written notice) a duly completed Borrowing Request telephone (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon (1:00 p.m., New York City time) , with respect to the initial Borrowing on the Closing Date and subject to the approval of each Lender, one Business Day prior to the Closing Date, and with respect to any other Eurodollar Borrowing, three Business Days before a proposed Borrowing, and (b) in the case of an ABR Borrowing, not later than 12:00 noon (noon, New York City time) , one Business Day before the a proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable, and shall be signed confirmed promptly by hand delivery or on behalf fax to the Administrative Agent of the Borrower a written Borrowing Request and shall specify the following information: (i) whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing, ; (ii) the date of such Borrowing (which shall be a Business Day), ; (iii) the number and location of the account to which funds are to be disbursed, ; (iv) the amount of such Borrowing, ; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.
Appears in 1 contract
Sources: Credit Agreement (Tronox Inc)
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.03 shall not apply), the Borrower shall hand deliver (by hand, fax or fax telephone notice promptly confirmed in writing or by fax) to the Administrative Agent (or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon (Noon, New York City time) , three Business Days before a proposed Borrowing, Borrowing and (b) in the case of an ABR Borrowing, not later than 12:00 noon (Noon, New York City time) , one Business Day before a proposed Borrowing (or the proposed Borrowingsame Business Day, in the case of the initial Borrowing hereunder). Each Borrowing Request shall be irrevocable, shall be signed by or on behalf of the Borrower and shall specify the following information: (i) whether the Borrowing then being requested is to be a Term Borrowing or a Revolving Credit Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing, ; (ii) the date of such Borrowing (which shall be a Business Day), ; (iii) the number and location of the account to which funds are to be disbursed, disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing, ; and (v) if such Borrowing is to be a Eurodollar Borrowing, the initial Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to in accordance with this Section 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.
Appears in 1 contract
Sources: Credit Agreement (Blackboard Inc)
Borrowing Procedure. In order to To request a Revolving Borrowing (other than a Swingline Loan as to which this Section shall not apply)or Term Borrowing, the Borrower shall deliver, by hand deliver delivery or fax facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Request for Credit Extension to the Administrative Agent (or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request (ai) in the case of a Eurodollar Borrowing, not later than 12:00 noon (1:00 p.m., New York City time) , three Business Days before a the date of the proposed BorrowingBorrowing (or, and in the case of the initial extension of credit on the Closing Date, one Business Day before) or (bii) in the case of an ABR Borrowing, not later than 12:00 noon (1:00 p.m., New York City time) one Business Day before , on the date of the proposed Borrowing. Each Borrowing Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable, shall be signed by or on behalf of the Borrower irrevocable and shall specify the following informationinformation in compliance with Section 2.02: (ia) 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 or an ABR Borrowing; (e) in the case of a Eurodollar Borrowing, (ii) the date of such Borrowing (initial Interest Period to be applicable thereto, which shall be a Business Day), period contemplated by the definition of “Interest Period”; (iiif) the location and number and location of the Borrower’s account to which funds are to be disbursed, (iv) the amount of such Borrowing, and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing which shall comply with the requirements of Section 2.02(c) and (g) if and to the extent required under Section 4.01, that the conditions set forth in clauses (a) and (b) of Section 2.024.01 are satisfied as of the date of the notice. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any requested Eurodollar Revolving Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. The Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, the Administrative Agent shall promptly advise each Lender of the applicable Lenders of any notice given pursuant to this Section (and the contents thereof), details thereof and of each the amount of such Lender’s portion Loan to be made as part of the requested Borrowing.
Appears in 1 contract
Sources: First Lien Credit Agreement (Surgery Partners, Inc.)
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan as to which this Section shall not apply)Borrowing, the Borrower shall hand deliver or fax telecopy to the Administrative Agent (or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request Request: (a) in the case of a Eurodollar Fixed Rate Borrowing, not later than 12:00 noon (11:00 a.m., New York, New York City time) , three Business Days before such Borrowing, (b) in the case of a proposed Euro Borrowing or an Australian Dollar Borrowing, not later than 9:00 a.m., New York, New York time, three Business Days before such Borrowing, and (bc) in the case of an ABR Borrowing, not later than 12:00 noon (11:00 a.m., New York, New York City time) one Business Day before , on the proposed day of such Borrowing. Each Borrowing Request Such notice shall be irrevocable, shall be signed by or on behalf of the Borrower irrevocable and shall specify the following informationin each case specify: (i) whether such the Borrowing then being requested is to be a Eurodollar Fixed Rate Borrowing or an ABR Borrowing, ; (ii) whether the Borrowing is a Revolving Borrowing or a Swingline Borrowing and if a Swingline Borrowing, the applicable Available Currency in which the Borrower requests such Borrowing to be denominated; (iii) the date of such Borrowing (which shall be a Business Day), (iii) and the number amount thereof; and location of the account to which funds are to be disbursed, (iv) the amount of such Borrowing, and (v) if such Borrowing is to be a Eurodollar Fixed Rate Borrowing, the Interest Period with respect thereto, which shall not end after the Maturity Date; providedprovided that (A) the Borrower may not request a Fixed Rate Dollar Swingline Borrowing, however, that, notwithstanding any contrary specification an ABR Australian Dollar Swingline Borrowing nor an ABR Euro Swingline Borrowing and (B) each such Borrowing of the type described in any Borrowing Request, each requested Borrowing clause (A) preceding shall comply with the requirements set forth in Section 2.02not be available herein. If no election as to the Type of Type, currency or facility applicable to such Borrowing is specified in any such notice, then the requested Borrowing shall will be an a ABR Dollar Swingline Borrowing. If no Interest Period with respect to any Eurodollar Fixed Rate Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. The Notwithstanding any other provision of this Agreement to the contrary, no Borrowing shall be requested if the Interest Period with respect thereto would end after the Maturity Date. When a Revolving Borrowing is requested, the Administrative Agent shall promptly advise the applicable Revolving Lenders of any the notice given pursuant to this Section (and the contents thereof), 2.03 and of each Revolving Lender’s 's portion of the requested Borrowing. When a Swingline Borrowing is requested, the Administrative Agent shall promptly advise the Swingline Lender of the notice given pursuant to this Section 2.03.
Appears in 1 contract
Sources: Revolving Credit Facility Agreement (Lennox International Inc)
Borrowing Procedure. In order to request a Revolving Credit Borrowing (other than a an Swingline Loan or a deemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.03 shall not apply), the a Borrower shall hand deliver or fax to notify the Administrative Agent (of such request by telephone or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request in writing (a) in the case of a Eurodollar Eurocurrency Borrowing, not later than 12:00 noon (1:00 p.m., New York City time) , three Business Days before a proposed Borrowing, Borrowing and (b) in the case of an ABR Borrowing, not later than 12:00 noon (1:00 p.m., New York City time) , one Business Day before the a proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable, and shall be signed confirmed promptly by hand delivery, fax or on behalf electronic mail to the Administrative Agent of the Borrower a written Borrowing Request and shall specify the following information: (i) whether such Borrowing is to be a Eurodollar Eurocurrency Borrowing or an ABR Borrowing, ; (ii) the date of such Borrowing (which shall be a Business Day), ; (iii) the number and location of the account to which funds are to be disbursed, ; (iv) the amount of such Borrowing, ; and (v) if such Borrowing is to be a Eurodollar Eurocurrency Borrowing, the Interest Period with respect thereto; provided, however, that, provided that notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Eurocurrency Borrowing is specified in any such notice, then the such Borrower shall be deemed to have selected an Interest Period of one month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03(a) (and the contents thereof), and of each Lender’s portion of the requested Borrowing.
Appears in 1 contract
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan as to which this Section shall not apply)Borrowing, the Borrower shall hand deliver or fax to notify the Administrative Agent (or give telephonic notice promptly confirmed of such request by written notice) a duly completed Borrowing Request telephone (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon (2:00 p.m., New York City time) , three Business Days before a proposed BorrowingBorrowing (or, in the case of the Closing Date, such later time and date prior to the Closing Date as the Administrative Agent may agree in its sole discretion) and (b) in the case of an ABR Borrowing, not later than 12:00 noon (1:00 p.m., New York City time) one Business Day before , on the day of a proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable, and shall be signed confirmed promptly by hand delivery, fax or on behalf other means of electronic transmission to the Borrower Administrative Agent of a written Borrowing Request and shall specify the following information: (i) whether the Borrowing then being requested is to be a Term Borrowing, an Incremental Term Borrowing or a Revolving Credit Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing, ; (ii) the date of such Borrowing (which shall be a Business Day), ; (iii) the number and location of the account to which funds are to be disbursed, ; (iv) the amount of such Borrowing, ; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.
Appears in 1 contract
Sources: Credit Agreement (Diamond Resorts International, Inc.)
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.03 shall not apply), the applicable Borrower shall hand deliver or fax to the Administrative Agent (or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request (a) in the case of a Eurodollar Fixed Rate Borrowing, not later than 12:00 noon (New York City time) 1:00 p.m., Local Time, three Business Days before a proposed Borrowing, and (b) in the case of an ABR a Daily Rate Borrowing, not later than 12:00 noon (New York City time) one noon, Local Time, on the Business Day before the of a proposed Borrowing. Each Borrowing Request shall be irrevocable, shall be signed by or on behalf of the applicable Borrower and shall specify the following information: (i) the currency and Class of such Borrowing and whether such Borrowing is to be a Eurodollar Fixed Rate Borrowing or an ABR a Daily Rate Borrowing, ; (ii) the date of such Borrowing (which shall be a Business Day), ; (iii) the number and location of the account to which funds are to be disbursed, disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing, ; and (v) if such Borrowing is to be a Eurodollar Fixed Rate Borrowing, the Interest Period or Contract Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR a Daily Rate Borrowing if denominated in dollars or Canadian Dollars, and a Fixed Rate Borrowing with a one-month Interest Period or Contract Period otherwise. If no election as to the Class of any Borrowing by the U.S. Borrower is received, then, to the extent of the available Domestic Revolving Credit Commitments, such Borrowing shall be a Domestic Revolving Credit Borrowing. If no Interest Period or Contract Period with respect to any Eurodollar Fixed Rate Borrowing is specified in any such notice, then the applicable Borrower shall be deemed to have selected an Interest Period or Contract Period of one month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.
Appears in 1 contract
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan as to which this Section shall not apply)Borrowing, the Borrower shall notify the Administrative Agent of such request by hand deliver delivery or fax e-mail to the Administrative Agent (or give telephonic notice promptly confirmed by written notice) of a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon (2:00 p.m., New York City time) , three Business Days before a proposed Borrowing, Borrowing (or such shorter period as may be agreed to by the Administrative Agent) and (b) in the case of an ABR Borrowing, not later than 12:00 noon (2:00 p.m., New York City time) , one Business Day before the a proposed Borrowing. Each such Borrowing Request shall be irrevocable, shall irrevocable (provided that any such notice may be signed by or conditioned on behalf the effectiveness of the Borrower Closing Date) and shall specify the following information: (i) whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing, ; (ii) the date of such Borrowing (which shall be a Business Day), ; (iii) the number location and location wire instructions for the account of the account Borrower to which such funds are to shall be disburseddelivered (which, for the Borrowing on the Closing Date, may be attached in the form of a funds flow); (iv) the amount of such Borrowing, ; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, provided that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice Borrowing Request given pursuant to this Section (and the contents thereof), and of each Lender’s portion of the requested Borrowing.
Appears in 1 contract
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.03 shall not apply), the Borrower shall hand deliver or fax to the Administrative Agent (or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon (11:00 a.m., New York City time) , three Business Days before a proposed Borrowing, and (b) in the case of an ABR Borrowing, not later than 12:00 noon (noon, New York City time) , one Business Day before the a proposed Borrowing. Each Borrowing Request shall be irrevocable, shall be signed by or on behalf of the Borrower and shall specify the following information: (i) whether the Borrowing then being requested is to be a Term Borrowing or a Revolving Credit Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing, ; (ii) the date of such Borrowing (which shall be a Business Day), (iii) the number and location of the account to which funds are to be disbursed, disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing, ; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s 's portion of the requested Borrowing.
Appears in 1 contract
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.03 shall not apply), the Borrower shall hand deliver or fax to notify the Administrative Agent (or give telephonic notice promptly confirmed of such request by written notice) a duly completed Borrowing Request telephone (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon (noon), New York City time) , three Business Days before a proposed Borrowing, and (b) in the case of an ABR Borrowing, not later than 12:00 noon (noon), New York City time) , one Business Day before the a proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable, and shall be signed confirmed promptly by hand delivery or on behalf fax to the Administrative Agent of the Borrower a written Borrowing Request and shall specify the following information: (i) whether the Borrowing then being requested is to be an Extended Term Borrowing, a Non-Extended Delayed Draw Term Borrowing, a Non-Extended Funded Term Borrowing, an Incremental Term Borrowing or a Revolving Credit Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing, ; (ii) the date of such Borrowing (which shall be a Business Day), ; (iii) the number and location of the account to which funds are to be disbursed, ; (iv) the amount of such Borrowing, ; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.
Appears in 1 contract
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.03 shall not apply), the Borrower Borrowers shall hand deliver or fax to the Administrative Agent (or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon (11:00 a.m., New York City time) , three Business Days before a proposed Borrowing, and (b) in the case of an ABR Borrowing, not later than 12:00 noon (noon), New York City time) , one Business Day before the a proposed Borrowing. Each Borrowing Request shall be irrevocable, shall be signed by or on behalf of the Borrower Borrowers and shall specify the following information: (i) whether the Borrowing then being requested is to be a Term Borrowing, an Other Term Borrowing or a Revolving Credit Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing, ; (ii) the date of such Borrowing (which shall be a Business Day), (iii) the number and location of the account to which funds are to be disbursed, disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing, ; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower Borrowers shall be deemed to have selected an Interest Period of one month’s 's duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s 's portion of the requested Borrowing.
Appears in 1 contract
Borrowing Procedure. In order to request a Borrowing (other than an Offered Rate Borrowing or a Swingline Loan deemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.03 shall not apply), the applicable Borrower shall hand deliver or fax telecopy to the Administrative Agent (or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request (a) in the case of a Domestic Eurodollar Borrowing, at its offices in New York City not later than 12:00 noon (1:00 p.m., New York City time) , three Business Days before a the proposed Borrowing, (b) in the case of a Foreign Revolving Borrowing, at its offices in Hong Kong and New York City not later than 11:00 a.m., Hong Kong time, three Business Days before the proposed Borrowing and (bc) in the case of an ABR Borrowing, at its offices in New York City not later than 12:00 noon (12:30 p.m. New York City time) time one Business Day before the proposed Borrowing. Each Borrowing Request shall be irrevocable, shall be signed by or on behalf of the applicable Borrower requesting such Borrowing and shall specify the following information: (i) the Borrower requesting such Borrowing; (ii) in the case of a Domestic Borrowing, whether such the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing, ; (iiiii) the date of such Borrowing (which shall be a Business Day), (iiiiv) whether the Borrowing then being requested is to be a Domestic Borrowing or a Foreign Revolving Borrowing, (v) the number and location of the account to which funds are to be disbursed, disbursed (ivwhich shall be an account that complies with the requirements of Section 2.02(c)); (vi) the amount of such Borrowing, ; and (vvii) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such noticenotice in the case of a Domestic Borrowing, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s 's portion of the requested Borrowing. The Thai Borrower shall not be permitted to request Revolving Credit Borrowings.
Appears in 1 contract
Sources: Credit Agreement (International Manufacturing Services Inc)
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan deemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.03 shall not apply), the Borrower shall hand deliver or fax telecopy to the Administrative Agent (or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon (11:00 a.m., New York City time) , three Business Days before a proposed Borrowing, and (b) in the case of an ABR Borrowing, not later than 12:00 noon (11:00 a.m., New York City time) one , on the Business Day before the of a proposed Borrowing. Each Borrowing Request shall be irrevocable, shall be signed by or on behalf of the Borrower and shall specify the following information: (i) whether the Borrowing then being requested is to be a Term Borrowing, an Acquisition Borrowing or a Revolving Credit Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing, ; (ii) the date of such Borrowing (which shall be a Business Day), (iii) the number and location of the account to which funds are to be disbursed, disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing, ; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s 's portion of the requested Borrowing.
Appears in 1 contract
Sources: Credit Agreement (Neenah Foundry Co)
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.03 shall not apply), the Borrower shall hand deliver or fax to the Administrative Agent (or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon (1:00 p.m., New York City time) , three Business Days before a proposed Borrowing, and (b) in the case of an ABR Borrowing, not later than 12:00 noon (noon, New York City time) one , on the Business Day before the of a proposed Borrowing. Each Borrowing Request shall be irrevocable, shall be signed by or on behalf of the Borrower and shall specify the following information: (i) whether the Borrowing then being requested is to be a Term Borrowing, an Incremental Term Borrowing or a Revolving Credit Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing, ; (ii) the date of such Borrowing (which shall be a Business Day), ; (iii) the number and location of the account to which funds are to be disbursed, disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing, ; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.
Appears in 1 contract
Sources: Credit Agreement (Cbre Holding Inc)
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan as to which this Section shall not apply)Borrowing, the Borrower shall hand deliver or fax to notify the Administrative Agent (or give telephonic notice promptly confirmed of such request by written notice) a duly completed Borrowing Request telephone (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon (1:00 p.m., New York City time) , three Business Days before a proposed Borrowing, and (b) in the case of an ABR Borrowing, not later than 12:00 noon (1:00 p.m., New York City time) , one Business Day before the a proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable, and shall be signed confirmed promptly by hand delivery, e-mail or on behalf facsimile transmission to the Administrative Agent of the Borrower a written Borrowing Request and shall specify the following information: (i) whether such the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing, ; (ii) the date of such Borrowing (which shall be a Business Day), ; (iii) the number and location of the account to which funds are to be disbursed, ; (iv) the amount of such Borrowing, ; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section Section 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.
Appears in 1 contract
Sources: Credit Agreement (PennyMac Financial Services, Inc.)
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.03 shall not apply), the Borrower shall hand deliver or fax to the Administrative Agent (or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request (or shall make such request by telephone promptly followed by the hand delivery or fax of a duly completed Borrowing Request) (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon (noon), New York City time) , three Business Days before a proposed Borrowing, and (b) in the case of an ABR Borrowing, not later than 12:00 noon (noon), New York City time) , one Business Day before the a proposed Borrowing. Each Borrowing Request shall be irrevocable, shall be signed by or on behalf of the Borrower and shall specify the following information: (i) whether the Borrowing then being requested is to be a Term Borrowing or a Revolving Credit Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing, ; (ii) the date of such Borrowing (which shall be a Business Day), ; (iii) the number and location of the account to which funds are to be disbursed, disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing, ; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; providedPROVIDED, howeverHOWEVER, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If IF no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s 's portion of the requested Borrowing.
Appears in 1 contract
Sources: Credit Agreement (Diagnostic Pathology Management Services Inc)
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan as to which this Section shall not apply)Borrowing, the Borrower shall hand deliver or fax to notify the Administrative Agent of such request by irrevocable written notice (or give telephonic notice promptly confirmed by written noticein accordance with the immediately succeeding sentence) a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon (New York City time) 3:00 p.m. three Business Days before a proposed BorrowingBorrowing (or, in the case of any Eurodollar Borrowing to be made on the Closing Date, not later than 3:00 p.m. on the Business Day immediately preceding the Closing Date) and (b) in the case of an ABR Borrowing, not later than 12:00 noon (New York City time) 3:00 p.m. one Business Day before the a proposed Borrowing. Each such notice shall be in the form of a Borrowing Request and shall be irrevocabledelivered to the Administrative Agent by hand delivery or fax, shall be signed by or on behalf of the Borrower and shall specify the following information: (i) whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing, ; (ii) the date of such Borrowing (which shall be a Business Day), ; (iii) the number and location of the account to which funds are to be disbursed, ; (iv) the amount of such Borrowing, ; and (v) if such Borrowing is to be a Eurodollar Borrowing, the initial Interest Period or Interest Periods with respect thereto; provided, however, that, that notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.
Appears in 1 contract
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.03 shall not apply), the Borrower shall hand deliver or fax to notify the Administrative Agent (or give telephonic notice promptly confirmed of such request by written notice) a duly completed Borrowing Request telephone (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon (noon), New York City time) , three Business Days before a proposed BorrowingBorrowing (or not later than 8:00 p.m., New York City time, one Business Day before a proposed Borrowing to occur on the Closing Date), and (b) in the case of an ABR Borrowing, not later than 12:00 noon (noon, New York City time) , one Business Day before the a proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable, and shall be signed confirmed promptly by hand delivery or on behalf fax to the Administrative Agent of the Borrower a written Borrowing Request and shall specify the following information: (i) whether the Borrowing then being requested is to be a Term Borrowing, an Incremental Term Borrowing or a Revolving Credit Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing, ; (ii) the date of such Borrowing (which shall be a Business Day), ; (iii) the number and location of the account to which funds are to be disbursed, disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing, ; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.
Appears in 1 contract
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan deemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.03 shall not apply), the Borrower shall hand deliver or fax to the Administrative Agent (or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon (11:00 a.m., New York City time) , three Business Days before a proposed Borrowing, and (b) in the case of an ABR Borrowing, not later than 12:00 noon (noon, New York City time) , one Business Day before the a proposed Borrowing. Each Borrowing Request shall be irrevocable, shall be signed by or on behalf of the Borrower and shall specify the following information: (i) whether the Borrowing then being requested is to be a Term Borrowing or a Revolving Credit Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing, ; (ii) the date of such Borrowing (which shall be a Business Day), (iii) the number and location of the account to which funds are to be disbursed, disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing, ; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s 's portion of the requested Borrowing.
Appears in 1 contract
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan as to which this Section shall not apply)Borrowing, the Borrower shall hand deliver or fax telecopy to the Administrative Agent (or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request (or telephone the Administrative Agent, promptly confirmed with a written and duly completed Borrowing Request) (a) in the case of a Eurodollar Eurocurrency Borrowing, not later than 12:00 noon (noon), New York City time) , three Business Days before a proposed Borrowing, and (b) in the case of an ABR Borrowing, not later than 12:00 noon (1:00 p.m., New York City time) , one Business Day before the a proposed Borrowing. Each Borrowing Request (including a telephonic Borrowing Request) shall be irrevocable, shall be signed by or on behalf of the Borrower and shall specify the following information: (i) whether such the Borrowing is to be a Eurodollar Eurocurrency Borrowing or an ABR Borrowing, ; (ii) the date of such Borrowing (which shall be a Business Day), ; (iii) the number and location of the account to which funds are to be disbursed, disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing, ; and (v) if such Borrowing is to be a Eurodollar Eurocurrency Borrowing, the initial Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Eurocurrency Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s 's portion of the requested BorrowingBorrowing and the account to which Loans made in connection with the requested Borrowing are to be wired.
Appears in 1 contract
Sources: Amendment Agreement (Terex Corp)
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.03 shall not apply), the Borrower shall hand deliver or fax to notify the Administrative Agent (or give telephonic notice promptly confirmed of such request by written notice) a duly completed Borrowing Request telephone (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon (noon), New York City time) , three Business Days before a proposed Borrowing, and (b) in the case of an ABR Borrowing, not later than 12:00 noon (noon), New York City time) , one Business Day before the a proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable, and shall be signed confirmed promptly by hand delivery or on behalf fax to the Administrative Agent of the Borrower a written Borrowing Request and shall specify the following information: (i) whether the Borrowing then being requested is to be an Extended Term Loan Borrowing, a Non-Extended Delayed Draw Term Loan Borrowing, a Non-Extended Funded Term Loan Borrowing, an Incremental Term Borrowing or a Revolving Credit Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing, ; (ii) the date of such Borrowing (which shall be a Business Day), ; (iii) the number and location of the account to which funds are to be disbursed, ; (iv) the amount of such Borrowing, ; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then then, (i) in the case of any Eurodollar Borrowing that is comprised of Extended Term Loans, the Borrower shall be deemed to have selected an Interest Period of three months’ duration and (ii) in the case of any other Eurodollar Borrowing, the Borrower shall be deemed to have selected an Interest Period of one month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.
Appears in 1 contract
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan as to which this Section shall not apply)Borrowing, the Borrower shall notify the Administrative Agent of such request by hand deliver delivery or fax e-mail to the Administrative Agent (or give telephonic notice promptly confirmed by written notice) of a duly completed Borrowing Request (a) in the case of a Eurodollar EurodollarSOFR Borrowing, not later than 12:00 noon (2:00 p.m., New York City time) , three Business Days before a proposed Borrowing, Borrowing (or such shorter period as may be agreed to by the Administrative Agent) and (b) in the case of an ABR Borrowing, not later than 12:00 noon (2:00 p.m., New York City time) , one Business Day before the a proposed Borrowing. Each such Borrowing Request shall be irrevocable, shall irrevocable (provided that any such notice may be signed by or conditioned on behalf the effectiveness of the Borrower Closing Date) and shall specify the following information: (i) whether such Borrowing is to be a Eurodollar EurodollarSOFR Borrowing or an ABR Borrowing, ; (ii) the date of such Borrowing (which shall be a Business Day), ; (iii) the number location and location wire instructions for the account of the account Borrower to which such funds are to shall be disburseddelivered (which, for the Borrowing on the Closing Date, may be attached in the form of a funds flow); (iv) the amount of such Borrowing, ; and (v) if such Borrowing is to be a Eurodollar EurodollarSOFR Borrowing, the Interest Period with respect thereto; provided, however, provided that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar EurodollarSOFR Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice Borrowing Request given pursuant to this Section (and the contents thereof), and of each Lender’s portion of the requested Borrowing.
Appears in 1 contract
Sources: Credit Agreement (Boxed, Inc.)
Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan Loan, a deemed Borrowing pursuant to Section 2.02(f) or a Mandatory Borrowing pursuant to Section 2.22(e), in each case, as to which this Section 2.03 shall not apply), the Borrower Administrative Loan Party shall hand deliver notify Agent of such request by telephone or fax to the Administrative Agent (or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request email (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon (p.m., New York City time) , three Business Days before a proposed Borrowing, and (b) in the case of an ABR Borrowing, not later than 12:00 noon (p.m., New York City time) , one Business Day before the a proposed Borrowing. Each telephonic Borrowing Request shall be irrevocable, and shall be signed by or on behalf confirmed promptly in writing to Agent of the Borrower a written Borrowing Request and shall specify the following information: (i) whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing, ; (ii) the date of such Borrowing (which shall be a Business Day), ; (iii) the number and location of the account to which funds are to be disbursed, ; (iv) the amount of such Borrowing, ; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such noticeBorrowing Request, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such noticeBorrowing Request, then the Borrower Borrowers shall be deemed to have selected an Interest Period of one month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.
Appears in 1 contract