Common use of Borrowing Procedure Clause in Contracts

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.2(f), as to which this Section 2.3 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 Eurocurrency Borrowing, not later than 12:00 (noon), Local 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 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 US$ Term Loan Borrowing, a Euro Term Loan Borrowing, an Incremental Term Loan Borrowing or a Revolving Credit Borrowing, whether such Borrowing is denominated in Dollars, and whether such Borrowing is to be a 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 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 2.2. 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 Eurocurrency 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 2.3 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Polypore, Inc.)

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Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.2(f2.01(a) or Section 2.02(f), as to which this Section 2.3 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 Eurocurrency Eurodollar Borrowing, not later than 12:00 (noon), Local TimeNew 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), New York City time, one Business Day before 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 US$ Term Loan Borrowing, a Euro Term Loan Borrowing, an Incremental Term Loan Borrowing or a Revolving Credit Borrowing, whether such Borrowing is denominated in Dollars, and whether such Borrowing is to be a Eurocurrency 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 Eurocurrency 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 2.22.02. 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 Eurocurrency 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 2.3 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

Samples: 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 2.2(f2.01(a) or Section 2.02(f), as to which this Section 2.3 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 Eurocurrency Eurodollar Borrowing, not later than 12:00 (noon), Local TimeNew 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), New York City time, one Business Day before 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 US$ Term Loan Borrowing, a Euro Term Loan Borrowing, an Incremental Term Loan Borrowing or a Revolving Credit Borrowing, whether such Borrowing is denominated in Dollars, and whether such Borrowing is to be a Eurocurrency 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 Eurocurrency 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 2.22.02. 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 Eurocurrency 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 2.3 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.

Appears in 1 contract

Samples: Fourth Amendment (NRG Energy, Inc.)

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or Loan, a deemed Borrowing pursuant to Section 2.2(f2.02(f) or a Mandatory Borrowing pursuant to Section 2.22(e), in each case, as to which this Section 2.3 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 Eurocurrency Eurodollar Borrowing, not later than 12:00 (noon), Local Timep.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 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 the Borrowing then being requested is to be a US$ Term Loan Borrowing, a Euro Term Loan Borrowing, an Incremental Term Loan Borrowing or a Revolving Credit Borrowing, whether such Borrowing is denominated in Dollars, and whether such Borrowing is to be a Eurocurrency 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 Eurocurrency 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 2.22.02. 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 Eurocurrency 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 2.3 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Smart Sand, Inc.)

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.2(f2.02(f), as to which this Section 2.3 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 Eurocurrency Euro Rate Borrowing, not later than 12:00 (noon), Local TimeDallas 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 Dallas time, one Business Day before 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 US$ Term Loan Borrowing, a Euro Term Loan Borrowing, an Incremental Term Loan Borrowing or a Revolving Credit Borrowing, whether such Borrowing is denominated in Dollars, and whether such Borrowing is to be a Eurocurrency 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 disburseddisbursed (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 Eurocurrency 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 2.22.02. 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 Eurocurrency 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 2.3 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Flowserve Corp)

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.2(f2.02(f), as to which this Section 2.3 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 (or make such request telephonically, promptly confirmed in writing or by telecopy) (a) in the case of a Eurocurrency Eurodollar Borrowing, not later than 12:00 (noon)11:00 a.m., Local TimeNew 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 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 US$ Term Loan Borrowing, a Euro Term Loan Borrowing, an Incremental Term Loan Borrowing or a Revolving Credit Borrowing, whether such Borrowing is denominated in Dollars, and whether such Borrowing is to be a Eurocurrency 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 disburseddisbursed (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 Eurocurrency Eurodollar Borrowing, the Interest Period with respect thereto; providedPROVIDED, howeverHOWEVER, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements therefor set forth in Section 2.22.02. 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 Eurocurrency 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 2.3 2.03 (and the contents thereof), and of each Lender’s 's portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Johnstown America Industries Inc)

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.2(f)Competitive Borrowing, as to which this Section 2.3 2.04 shall not apply), the Borrower shall hand deliver by hand, telecopy or fax other writing transmitted electronically (including in the form of a .pdf attachment) to the Administrative Agent (or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request (a) in the case of a Eurocurrency Eurodollar Borrowing, not later than 12:00 (noon)10:30 a.m., Local TimeNew 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 shall be irrevocable, shall be signed by or on behalf of the Borrower an Authorized Representative, and shall specify the following information: (i) whether the Borrowing then being requested is to be a US$ Term Loan Borrowing, a Euro Term Loan Borrowing, an Incremental Term Loan Borrowing or a Revolving Credit Borrowing, whether such Borrowing is denominated in Dollars, and whether such Borrowing is to be a Eurocurrency 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 disburseddisbursed (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 Eurocurrency 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 2.22.02. If no election as to the Type of Borrowing is specified in any such noticenotice by the Borrower, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurocurrency 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 2.3 2.04 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Raytheon Co/)

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.2(f), as to which this Section 2.3 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 submitting a written notice) a duly completed Borrowing Request (a) in the case of a Eurocurrency Eurodollar Borrowing, not later than 12:00 (noon), Local TimeNew 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 written Borrowing Request shall be irrevocable, and shall be signed submitted by hand delivery or on behalf of e-mail to the Borrower Administrative Agent and shall specify the following information: (i) whether the Borrowing then being requested is to be a US$ Term Loan Borrowing, a Euro Term Loan Borrowing, Borrowing or an Incremental Term Loan Borrowing or a Revolving Credit Borrowing, whether such Borrowing is denominated in Dollars, and whether such Borrowing is to be a Eurocurrency 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 Eurocurrency 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 2.22.02. 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 Eurocurrency 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 2.3 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Quorum Health Corp)

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.2(f), as to which this Section 2.3 shall not apply)Borrowing, the Borrower shall hand deliver or fax telecopy to the Administrative Paying Agent (or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request (a) in the case of a Eurocurrency Borrowing (other than a Sterling Borrowing), not later than 12:00 (noon)11:00 a.m., Local TimeNew York City time, three Business Days before a the date of the proposed Borrowing, and (b) in the case of an ABR a Sterling Borrowing, not later than 12:00 10:00 a.m., London time, one Business Day before the date of the proposed Borrowing and (noon)c) in the case of a Base Rate Borrowing, not later than 11:00 a.m., New York City time, one on the Business Day before a of 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 Dollar Borrowing or a Sterling Borrowing; (ii) whether the Borrowing then being requested is to be a US$ Term Loan Borrowing, a Euro Term Loan Borrowing, an Incremental Term Loan Borrowing or a Revolving Credit Borrowing, whether ; (iii) if such Borrowing is to be denominated in Dollars, and whether such Borrowing it is to be a Eurocurrency Borrowing or an ABR a Base Rate Borrowing; (iiiv) 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 disburseddisbursed (which shall be an account that complies with the requirements of Section 2.02(d)); (ivvi) the aggregate amount of such Borrowing (which, in the case of a Sterling Borrowing, shall be stated in Dollars); (vii) whether such Borrowing is to be an Acquisition Borrowing; and (vviii) if such Borrowing is to be a 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 2.22.02. If no election as to the Type of Borrowing is specified in with respect to any such noticeBorrowing selected, then the requested Borrowing Borrower shall be an ABR deemed to have selected a Base Rate Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Borrowing is specified in any such noticeBorrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. The Administrative Paying Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.3 2.03 (and the contents thereof), and of each Lender’s 's portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Pacificorp /Or/)

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 2.2(f2.02(f), as to which this Section 2.3 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 Eurocurrency Fixed Rate Borrowing, not later than 12:00 (noon)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 timeLocal Time, one on the Business Day before 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) whether the Borrowing then being requested is to be a US$ Term Loan Borrowing, a Euro Term Loan Borrowing, an Incremental Term Loan Borrowing or a Revolving Credit Borrowing, whether currency and Class of such Borrowing is denominated in Dollars, and whether such Borrowing is to be a Eurocurrency 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 disburseddisbursed (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 Eurocurrency 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 2.22.02 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 Eurocurrency 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 2.3 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Cbre Group, Inc.)

Borrowing Procedure. In order to request Each Borrowing, each conversion of a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.2(f), as to which this Section 2.3 shall not apply), the Borrower shall hand deliver or fax from one Type to the other, and each continuation of a SOFR Borrowing shall be made upon Borrower’s irrevocable notice to Administrative Agent, which may be given by telephone. Each such notice must be received by Administrative Agent (or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request (a) in the case of a Eurocurrency Borrowing, not later than 12:00 11:00 a.m. (nooni) three (3) U.S. Government Securities Business Days prior to the requested date of any Borrowing of, conversion to or continuation of a SOFR Borrowing or of any conversion of a SOFR Borrowing to a Base Rate Borrowing and (ii) on the requested date of any Base Rate Borrowing. Each telephonic notice by Borrower pursuant to this Section 2.1(b) must be confirmed promptly by delivery to Administrative Agent of a written Borrowing Request, appropriately completed and signed by a Responsible Officer of Xxxxxxxx. Each Borrowing of, conversion to or continuation of a SOFR Borrowing shall be in a principal amount of $500,000 or a whole multiple of $100,000 in excess thereof. Except as provided in Section 2.2(c) and Section 2.3(c), Local Time, three Business Days before each Borrowing of or conversion to a proposed Borrowing, and (b) Base Rate Borrowing shall be in a principal amount of $250,000 or a whole multiple of $50,000 in excess thereof; provided that a Base Rate Borrowing may be in an amount equal to the case of an ABR Borrowing, not later than 12:00 (noon), New York City time, one Business Day before a proposed BorrowingRevolving Credit Availability. Each Borrowing Request shall be irrevocable, shall be signed by (whether telephonic or on behalf of the Borrower and written) shall specify the following information: (i) whether the Borrowing then being requested Borrower is to be requesting a US$ Term Loan Borrowing, a Euro Term Loan Borrowingconversion of Borrowings from one Type to the other, an Incremental Term Loan Borrowing or a Revolving Credit Borrowingcontinuation of Borrowings, whether such Borrowing is denominated in Dollars, and whether such Borrowing is to be a Eurocurrency Borrowing or an ABR Borrowing; (ii) the requested date of such Borrowing the Borrowing, conversion or continuation, as the case may be (which shall be a Business Day); , (iii) the number and location principal amount of the account to which funds are Borrowings to be disbursed; borrowed, converted or continued, (iv) the amount Type of such Borrowing; and Borrowings to be borrowed or to which existing Borrowings are to be converted, (v) if such Borrowing is to be a Eurocurrency Borrowingapplicable, the duration of the Interest Period with respect thereto; provided, howeverand (vi) the amount of the then effective Borrowing Base, thatthe amount of the then effective Aggregate Elected Commitment Amounts, notwithstanding any contrary specification the current total Revolving Credit Exposure of the Revolving Credit Lenders (without regard to the requested Borrowing) and the pro forma total Revolving Credit Exposure of the Revolving Credit Lenders (giving effect to the requested Borrowing). If Borrower fails to specify a Type of Borrowing in a Borrowing Request or if Borrower fails to give a timely notice requesting a conversion or continuation, then the applicable Borrowings shall be made as, or converted to, Base Rate Borrowings. Any such automatic conversion to Base Rate Borrowings shall be effective as of the last day of the Interest Period then in effect with respect to the applicable SOFR Borrowings. If Borrower requests a Borrowing of, conversion to, or continuation of a SOFR Borrowing in any such Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.2. If no election as but fails to the Type of Borrowing is specified in any such noticespecify an Interest Period, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurocurrency Borrowing is specified in any such notice, then the Borrower shall it will be deemed to have selected specified an Interest Period of one (1) month’s duration. The Administrative Agent shall promptly advise For the applicable Lenders avoidance of any notice given pursuant to this Section 2.3 (and the contents thereof)doubt, and of each Lender’s portion as of the requested BorrowingClosing Date, the only Type of Borrowings available to Borrower are SOFR Borrowings and Base Rate Borrowings.

Appears in 1 contract

Samples: Credit Agreement (Granite Ridge Resources, Inc.)

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or Loan, a deemed Borrowing pursuant to Section 2.2(f2.02(f) or a Mandatory Borrowing pursuant to Section 2.22(f), in each case, as to which this Section 2.3 2.03 shall not apply), the applicable 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 Eurocurrency Eurodollar Borrowing, not later than 12:00 (noon)1:00 p.m., Local TimeNew 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 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 US$ Term Loan Borrowing, a Euro Term Loan Borrowing, an Incremental Term Loan Borrowing or a Revolving Credit Borrowing, whether such Borrowing is denominated in Dollars, and whether such Borrowing is to be a Eurocurrency Eurodollar Borrowing or an ABR BorrowingBorrowing (provided that, until the Administrative Agent shall have notified the Lead 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 30 days after the Closing Date), no Borrower shall be permitted to request a Eurodollar Borrowing with an Interest Period in excess of one month); (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 Eurocurrency 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 2.22.02. 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 Eurocurrency Eurodollar Borrowing is specified in any such notice, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.3 2.03 (and the contents thereof), and of each Lender’s portion Pro Rata Percentage of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Wca Waste Corp)

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan, an A/C Fronted Loan or a deemed Borrowing pursuant to Section 2.2(f2.02(f), as to which this Section 2.3 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 (or telephone the Administrative Agent, promptly confirmed with a written and duly completed Borrowing Request) (a) in the case of a Eurocurrency Borrowing (other than an Alternative Currency Borrowing), not later than 12:00 (noon), Local Time, three Business Days before a proposed Borrowing, (b) in the case of an Alternative Currency Borrowing, not later than 12:00 (noon), Local Time, three Business Days before the date of the proposed Borrowing and (bc) 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 a proposed Borrowing. Each Borrowing Request (including a telephonic Borrowing Request) shall be irrevocable, shall be signed by or on behalf of the such Borrower and shall specify the following information: (i) whether the such Borrowing then being requested is to be a US$ U.S. Term Loan Borrowing, a Euro Term Loan Borrowing, an Incremental Term Loan a Domestic Revolving Credit Borrowing or a Multicurrency Revolving Credit Borrowing, (ii) if such Borrowing is to be a Multicurrency Revolving Credit Borrowing, whether such Borrowing is to be a Dollar Borrowing or an Alternative Currency Borrowing; (iii) if such Borrowing is to be denominated in Dollarsdollars, and whether such Borrowing it is to be a Eurocurrency Borrowing or an ABR Borrowing; (iiiv) 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 disburseddisbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (ivvi) the amount of such Borrowing; (vii) if such Borrowing is to be an Alternative Currency Borrowing (other than a Euro Term Borrowing), the Alternative Currency of such Borrowing; and (vviii) if such Borrowing is to be a Eurocurrency Borrowing, the initial Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, no Interest Period in excess of one month may be selected for any Term Borrowing to be made on the Funding Date and each requested Borrowing shall comply with the requirements set forth in Section 2.22.02. If no election is made as to whether a Revolving Credit Borrowing is to be a Domestic Revolving Credit Borrowing or a Multicurrency Revolving Credit Borrowing, then such Borrowing shall be deemed to be a Domestic Revolving Credit Borrowing if denominated in dollars and a Multicurrency Revolving Credit Borrowing if denominated in an Alternative Currency. If no election as to the currency of a Borrowing is specified in any such notice, then the requested Borrowing shall be denominated in dollars (other than any requested Euro Term Borrowing, which shall be denominated in Euro). If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR BorrowingBorrowing if denominated in dollars or a Eurocurrency Borrowing if denominated in an Alternative Currency. If no Interest Period with respect to any 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 's duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.3 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

Samples: Credit Agreement (Terex 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 2.2(f2.02(f), as to which this Section 2.3 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 Eurocurrency Fixed Rate Borrowing, not later than 12:00 (noon)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 timeLocal 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) whether the Borrowing then being requested is to be a US$ Term Loan Borrowing, a Euro Term Loan Borrowing, an Incremental Term Loan Borrowing or a Revolving Credit Borrowing, whether currency and Class of such Borrowing is denominated in Dollars, and whether such Borrowing is to be a Eurocurrency 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 disburseddisbursed (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 Eurocurrency 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 2.22.02 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 Eurocurrency 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 2.3 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

Samples: 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 2.2(f), as to which this Section 2.3 shall not apply), the Borrower Polypore 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 Eurocurrency Eurodollar Borrowing, not later than 12:00 (noon), Local TimeNew 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 a proposed Borrowing. Each Borrowing Request shall be irrevocable, shall be signed by or on behalf of the Borrower Polypore and shall specify the following information: (i) whether the Borrowing then being requested is to be a US$ Term Loan Borrowing, a Euro Term Loan Borrowing, an Incremental Term Loan Borrowing or a Revolving Credit Borrowing, whether such Borrowing is denominated in Dollars, and whether such Borrowing is to be a Eurocurrency 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 Eurocurrency 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 2.2. 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 Eurocurrency Eurodollar Borrowing is specified in any such notice, then the Borrower Polypore 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 2.3 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Polypore International, Inc.)

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.2(f), as to which this Section 2.3 shall not apply)Borrowing, the Borrower shall hand deliver or fax to notify the Administrative Agent (of such request by telephone, fax or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request other means of electronic transmission (a) in the case of a Eurocurrency Eurodollar Borrowing, not later than 12:00 (noon), Local TimeNew York City time, three Business Days before a proposed BorrowingBorrowing (or, in the case of the Closing Date or the Funding Date, such later date prior to the Closing Date or the Funding 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 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 US$ Term Loan Borrowing, a Euro Term Loan Borrowing, an Incremental Term Loan Borrowing or a Revolving Credit Borrowing, whether such Borrowing is denominated in Dollars, and whether such Borrowing is to be a Eurocurrency 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) in the case of Revolving Loans, the currency in which such Borrowing is to be denominated; and (vvi) if such Borrowing is to be a Eurocurrency 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 2.22.02. If If, in the case of Revolving Loans denominated in Dollars, no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If in the case of the initial Borrowing of Initial B-2 Term Loans on the Closing Date, no election as to the Type of Borrowing is specified in such notice, then the requested Borrowing shall be a Eurodollar Borrowing with an Interest Period as specified in clause (d) of the definition of Interest Period. Notwithstanding the foregoing, the initial Interest Periods with respect to B-1 Term Loans and Incremental B-2 Term Loans made on the Funding Date shall be as set forth in clauses (e) and (f), respectively, of the definition of Interest Period. If no currency is specified with respect to any Revolving Credit Borrowing that is a Eurodollar Borrowing, then the Borrower shall be deemed to have requested a Borrowing in Dollars. In the case of Alternative Currency Revolving Loans, the requested Borrowing shall be a Eurodollar Borrowing. If no Interest Period with respect to any Eurocurrency Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected (i) except in the case of the initial Borrowing of Initial B-2 Term Loans on the Closing Date or B-1 Term Loans or Incremental B-2 Term Loans on the Funding Date, an Interest Period of one month’s durationduration and, (ii) in the case of the initial Borrowing of Initial B-2 Term Loans on the Closing Date, an Interest Period as specified in clause (d) of the definition of Interest Period and (iii) in the case of B-1 Term Loans or Incremental B-2 Term Loans made on the Funding Date, the Interest Period or Interest Periods specified in clauses (e) and (f) of the definition of Interest Period, respectively. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.3 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (BATS Global Markets, Inc.)

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan, an A/C Fronted Loan or a deemed Borrowing pursuant to Section 2.2(f2.02(f), as to which this Section 2.3 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 (or telephone the Administrative Agent, promptly confirmed with a written and duly completed Borrowing Request) (a) in the case of a Eurocurrency Borrowing (other than an Alternative Currency Borrowing), not later than 12:00 (noon), Local Time, three Business Days before a proposed Borrowing, (b) in the case of an Alternative Currency Borrowing, not later than 12:00 (noon), Local Time, three Business Days before the date of the proposed Borrowing and (bc) 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 a proposed Borrowing. Each Borrowing Request (including a telephonic Borrowing Request) shall be irrevocable, shall be signed by or on behalf of the such Borrower and shall specify the following information: (i) whether the such Borrowing then being requested is to be a US$ Term Loan Borrowing, a Euro Term Loan Borrowing, an Incremental Term Loan Domestic Revolving Credit Borrowing or a Multicurrency Revolving Credit Borrowing, (ii) if such Borrowing is to be a Multicurrency Revolving Credit Borrowing, whether such Borrowing is to be a Dollar Borrowing or an Alternative Currency Borrowing; (iii) if such Borrowing is to be denominated in Dollarsdollars, and whether such Borrowing it is to be a Eurocurrency Borrowing or an ABR Borrowing; (iiiv) 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 disburseddisbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (ivvi) the amount of such Borrowing (which shall be specified in dollars, even if such Borrowing is to be made in an Alternative Currency); (vii) if such Borrowing is to be an Alternative Currency Borrowing, the Alternative Currency of such Borrowing; and (vviii) if such Borrowing is to be a 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 2.22.02. If no election is made as to whether a Revolving Credit Borrowing is to be a Domestic Revolving Credit Borrowing or a Multicurrency Revolving Credit Borrowing, then such Borrowing shall be deemed to be a Domestic Revolving Credit Borrowing if denominated in dollars and a Multicurrency Revolving Credit Borrowing if denominated in an Alternative Currency. If no election as to the currency of Borrowing is specified in any such notice, then the requested Borrowing shall be denominated in dollars. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR BorrowingBorrowing if denominated in dollars or a Eurocurrency Borrowing if denominated in an Alternative Currency. If no Interest Period with respect to any 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 's duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.3 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

Samples: Credit (Terex Corp)

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.2(f2.02(f), as to which this Section 2.3 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 Eurocurrency Eurodollar Borrowing, not later than 12:00 (noon)11:00 a.m., Local TimeNew 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 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 US$ an Initial Term Loan Borrowing, a Euro Term Loan Borrowing, an Incremental Delayed Draw Term Loan Borrowing or a Revolving Credit Tranche A Borrowing, whether such Borrowing is denominated in Dollars, and whether such Borrowing is to be a Eurocurrency 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 Eurocurrency 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 2.22.02. 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 Eurocurrency 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 2.3 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.

Appears in 1 contract

Samples: First Lien Credit Agreement (Sunterra Corp)

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.2(f), as to which this Section 2.3 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 Eurocurrency Eurodollar Borrowing, not later than 12:00 (noon), Local TimeNew 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 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 US$ Term Loan Borrowing, a Euro Term Loan Borrowing, Borrowing or an Incremental Term Loan Borrowing or a Revolving Credit Borrowing, whether such Borrowing is denominated in Dollars, and whether such Borrowing is to be a Eurocurrency Eurodollar Borrowing or an ABR BorrowingBorrowing (provided that, until the Administrative Agent shall have notified the Borrower 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 Borrower shall not be permitted to request a Eurodollar Borrowing with an Interest Period in excess of one month); (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 Eurocurrency 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 2.22.02; provided, further, that the Borrowing Request in respect of the initial Term Loans may, if expressly so stated therein, be contingent upon the consummation of the Acquisition (provided that any such Borrowing Request that contains such contingency shall be permitted only in respect of 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 Eurocurrency 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 2.3 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Spectrum Brands, Inc.)

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or Loan, a deemed Borrowing pursuant to Section 2.2(f2.02(f) or a Mandatory Borrowing pursuant to Section 2.22(e), in each case, as to which this Section 2.3 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 Eurocurrency Eurodollar Borrowing, not later than 12:00 (noon)p.m., Local TimeNew 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 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 the Borrowing then being requested is to be a US$ Term Loan Borrowing, a Euro Term Loan Borrowing, an Incremental Term Loan Borrowing or a Revolving Credit Borrowing, whether such Borrowing is denominated in Dollars, and whether such Borrowing is to be a Eurocurrency 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 Eurocurrency 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 2.22.02. 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 Eurocurrency 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 2.3 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.

Appears in 1 contract

Samples: Abl Credit Agreement (Smart Sand, Inc.)

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or or, a deemed Borrowing pursuant to Section 2.2(f2.02(f) or a Borrowing pursuant to Section 2.01(b)(ii), as to which this Section 2.3 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 Eurocurrency Eurodollar Borrowing or a BA Rate Borrowing, not later than 12:00 (noon), Local 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 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) whether the Class of Borrowing then being requested is to be a US$ Term Loan Borrowing, a Euro Term Loan Borrowing, an Incremental Term Loan Borrowing or a Revolving Credit Borrowing, whether such Borrowing is denominated in Dollars, and whether such Borrowing is to be a Eurocurrency 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 Eurocurrency 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 2.2. 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 Eurocurrency 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 2.3 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (VWR Corp)

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.2(f2.02(f), as to which this Section 2.3 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 Eurocurrency Eurodollar Borrowing, not later than 12:00 (noon)1:00 p.m., Local TimeNew 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 on the Business Day before 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 US$ Term Loan Borrowing, a Euro Term Loan Borrowing, an Incremental Term Loan Borrowing or Borrowing, a Revolving Credit Borrowing or an Incremental Revolving Credit Borrowing, whether such Borrowing is denominated in Dollars, and whether such Borrowing is to be a Eurocurrency 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 disburseddisbursed (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 Eurocurrency 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 2.22.02. 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 election as to the Class of any Borrowing is received, then, to the extent of the available Incremental Revolving Credit Commitments, such Borrowing shall be an Incremental Revolving Credit Borrowing. If no Interest Period with respect to any Eurocurrency 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 2.3 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Cb Richard Ellis Group Inc)

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.2(f2.02(f), as to which this Section 2.3 2.03 shall not apply), the Borrower shall hand deliver or fax (or request telephonically with prompt hand delivery or fax made thereafter) to the Administrative Agent (or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request (a) in the case of a Eurocurrency Eurodollar Borrowing, not later than 12:00 (noon)Noon, Local TimeNew 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. 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 US$ Term Loan Borrowing, a Euro Term Loan Borrowing, an Incremental Term Loan Borrowing or a Revolving Credit Borrowing, whether such Borrowing is denominated in Dollars, and whether such Borrowing is to be a Eurocurrency 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 disburseddisbursed (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 Eurocurrency 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 2.22.02. 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 Eurocurrency 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 2.3 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Affirmative Insurance Holdings Inc)

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.2(f2.02(f), as to which this Section 2.3 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 Eurocurrency Eurodollar Borrowing, not later than 12:00 (noon), Local TimeNew York City time, 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 12:00 (noon) New York City time, one Business Day prior to the Closing Date, and (b) in the case of an ABR Borrowing, not later than 12:00 (noon), New York City time, one Business Day before a proposed on the requested date of Borrowing. Each such telephonic Borrowing Request shall be irrevocableirrevocable (provided that, any telephonic notification or Borrowing Request in respect of a Borrowing to be made on the Closing Date may be revoked and/or extended by not more than 5 Business Days pending satisfaction of the conditions set out in Article IV), 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 US$ Term Loan Borrowing, a Euro Term Loan Borrowing, an Incremental Term Loan Borrowing or a Revolving Credit Borrowing, whether such Borrowing is denominated in Dollars, and whether such Borrowing is to be a Eurocurrency 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 Eurocurrency Eurodollar Borrowing, the Interest Period with respect thereto; and (vi) if such Borrowing is to be a Eurodollar Borrowing, the currency of such Borrowing; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.22.02. 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 Eurocurrency 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. If no currency with respect to a Borrowing is specified, the currency shall be in Dollars. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.3 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Warner Music Group Corp.)

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.2(f2.02(f), as to which this Section 2.3 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 Eurocurrency Fixed Rate Borrowing, not later than 12:00 (noon)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 timeLocal Time, one on the Business Day before 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) whether the Borrowing then being requested is to be a US$ Term Loan Borrowing, a Euro Term Loan Borrowing, an Incremental Term Loan Borrowing or a Revolving Credit Borrowing, whether currency and Class of such Borrowing is denominated in Dollars, and whether such Borrowing is to be a Eurocurrency 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 disburseddisbursed (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 Eurocurrency 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 2.22.02 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 Eurocurrency 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 2.3 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.

Appears in 1 contract

Samples: 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 2.2(f), 2.02(e) as to which this Section 2.3 2.03 shall not apply; or a conversion or continuation of a Borrowing pursuant to Section 2.10), the Borrower shall hand deliver or fax to the Administrative Agent (or give telephonic notice promptly confirmed by a written notice) a duly completed Borrowing Request (a) in the case of a Eurocurrency SOFR Borrowing, not later than 12:00 (noon), Local TimeNew York City time, three U.S. Government Securities Business Days before a proposed BorrowingBorrowing (or as otherwise agreed by the Administrative Agent in its sole discretion), 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 a proposed Borrowing. Each such Borrowing Request shall be irrevocableirrevocable (except for Borrowing Requests conditioned on the consummation of an acquisition permitted hereunder), 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 US$ Term Loan Borrowing, a Euro Term Loan Borrowing, an Incremental Term Loan Borrowing or a Revolving Credit Borrowing, whether such Borrowing is denominated in Dollars, and whether such Borrowing is to be a Eurocurrency 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 Eurocurrency 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 2.22.02. 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 Eurocurrency SOFR Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.3 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.

Appears in 1 contract

Samples: Assignment and Acceptance (Lindblad Expeditions Holdings, Inc.)

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or Loan, a deemed Borrowing pursuant to Section 2.2(f2.02(f) or a Loan made pursuant to Section 2.22(d) or Section 2.23(e), as to which this Section 2.3 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 (or telephone the Administrative Agent, promptly confirmed with a written (including by telecopy) and duly completed Borrowing Request) (a) in the case of a Eurocurrency Borrowing, not later than 12:00 (noon)12:30 p.m., Local TimeNew York City time, three Business Days (or, if such Borrowing is to be an Alternative Currency Borrowing, 12:30 p.m., New York time, four Business Days) before a proposed Borrowing, and (b) in the case of an ABR Borrowing, not later than 12:00 (noon)12:30 p.m., New York City time, one Business Day before a proposed Borrowing. Each Borrowing Request (including a telephonic 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 US$ Term Loan Borrowing, a Euro Term Loan Borrowing, an Incremental Term Loan Borrowing or a Revolving Credit Borrowing, whether ; (ii) the currency of such Borrowing (which shall be Dollars or an Alternative Currency); (iii) if such Borrowing is to be denominated in Dollars, and whether such Borrowing is to be a Eurocurrency Borrowing or an ABR Borrowing; (iiiv) 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 (which shall be expressed in Dollars, regardless of whether such Borrowing is an Alternative Currency Borrowing); and (vvii) if such Borrowing is to be a 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 2.22.02. If no election as to the currency of Borrowing is specified in any such notice, then the requested Borrowing shall be denominated in Dollars. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR BorrowingBorrowing if denominated in Dollars or a Eurocurrency Borrowing if denominated in an Alternative Currency. If no Interest Period with respect to any Eurocurrency 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 2.3 2.03 (and the contents thereof), and of each Lender’s 's portion of the requested BorrowingBorrowing and the account to which Loans comprising the requested Borrowing are to be wired.

Appears in 1 contract

Samples: Credit Agreement (Dirsamex Sa De Cv)

Borrowing Procedure. (a) In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.2(f), 2.02(g) or a Swing Line Borrowing as to which this Section 2.3 2.03(a) shall not apply), the U.S. Borrower shall hand deliver deliver, fax or send by electronic communication (e-mail) (or by telephone notice promptly confirmed by a written, fax or electronic communication (e-mail)) to the Administrative Agent (or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request (a) in the case of a Eurocurrency Borrowing, not later than 12:00 3:00 p.m. (noon), Local Standard Time, ) three Business Days before a proposed Borrowing, and (b) in the case of an ABR Borrowing, Borrowing not later than 12:00 1:00 p.m. (noon), New York City time, one Business Day before a Standard Time) on the day of the proposed Borrowing. Each such Borrowing Request shall be irrevocable, shall be signed by or on behalf of a Responsible Officer of the U.S. Borrower and shall specify the following information: (i) whether the Borrowing then being requested is to be a US$ Term Loan Borrowing, a Euro Term Loan Borrowing, an Incremental Term Loan U.S. Revolving Borrowing or a Revolving Credit U.S. Term Borrowing, whether such Borrowing is denominated in Dollars, and (ii) whether such Borrowing is to be a Eurocurrency Borrowing or an ABR Borrowing; (iiiii) the date of such Borrowing (which shall be a Business Day); (iiiiv) the number and location of the account to which funds are to be disburseddisbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (ivv) the amount of such Borrowing; and (vvi) if such Borrowing is to be a 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 2.22.02. 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 Eurocurrency Borrowing is specified in any such notice, then the U.S. Borrower shall be deemed to have selected an Interest Period of one month’s duration. The Administrative Agent shall promptly advise the applicable Applicable Lenders of any notice given pursuant to this Section 2.3 2.03(a) (and the contents thereof), and of each Lender’s portion of the requested Borrowing.

Appears in 1 contract

Samples: Security Agreement (Oil States International, Inc)

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.2(f), as to which this Section 2.3 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 C (a) in the case of a Eurocurrency Eurodollar Borrowing, not later than 12:00 (noon), Local TimeNew 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 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 US$ Term Loan Borrowing, a Euro Term Loan Borrowing, an Incremental Term Loan Borrowing or a Revolving Credit Borrowing, whether Borrowing (and in the case of a Term Borrowing the Commitments pursuant to which the Loans comprising such Borrowing is denominated in Dollarsare to be made), and whether such Borrowing is to be a Eurocurrency 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 disburseddisbursed (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 Eurocurrency 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 2.22.02. 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 Eurocurrency 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 2.3 (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 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

Samples: Credit Agreement (American Axle & Manufacturing Holdings Inc)

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.2(f), 2.02(f) as to which this Section 2.3 2.03 shall not apply), the a 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 [[5517420]] #93623000v7 66 Eurocurrency BorrowingBorrowing denominated in Dollars, not later than 12:00 (noon), Local TimeNew York City time, three Business Days before a proposed Borrowing, Borrowing and (b) in the case of a Eurocurrency Borrowing denominated in a Designated Foreign Currency, not later than 12:00 (noon), New York City time, four Business Days before a proposed Borrowing and (c) in the case of an ABR Borrowing, not later than 12:00 (noon), New York City time, one Business Day before a proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable, irrevocable and shall be signed confirmed promptly by hand delivery, fax or on behalf e-mail delivery 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 US$ Borrowing of Tranche B-1 U.S. Term Loan BorrowingLoans, a Euro Tranche B-2 U.S. Term Loan BorrowingLoans, an European Term Loans, Incremental Term Loan Borrowing Loans of any other Class, Revolving Loans or a Other Revolving Credit Borrowing, whether such Borrowing is denominated in Dollars, Loans and whether such Borrowing is to be a Eurocurrency Borrowing or an ABR Borrowing (or a FBR 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 Eurocurrency Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, (x) each requested Borrowing shall comply with the requirements set forth in Section 2.22.02 and (y) no Borrowing may be requested to be made on the same day that a prepayment under Section 2.12 of Loans of the same Class and Type the requested Borrowing is scheduled to be made. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be in the case of Borrowing denominated in Dollars, an ABR Borrowing, and, in the case of a Borrowing denominated in a Designated Foreign Currency, a Eurocurrency Borrowing. If no Interest Period with respect to any Eurocurrency Borrowing is specified in any such notice, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.3 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Pactiv Evergreen Inc.)

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.2(f), as to which this Section 2.3 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 Eurocurrency Eurodollar Borrowing, not later than 12:00 (noon), Local TimeNew 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 a 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 US$ Term Loan Borrowing, a Euro Term Loan Borrowing, an Incremental Term Loan Borrowing or a Revolving Credit Borrowing, whether such Borrowing is denominated in Dollars, and whether such Borrowing is to be a Eurocurrency Eurodollar Borrowing or an ABR BorrowingBorrowing (provided that, until the Administrative Agent 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 30 days after the Closing Date), the Borrower shall not be permitted to request a Eurodollar Borrowing with an Interest Period in excess of one month); (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 Eurocurrency Eurodollar Borrowing, the Interest Period with respect thereto; and (vi) whether such Borrowing is to be a Borrowing of Initial Loans or Incremental Loans (and, in the case of Incremental Loans, whether such Loans are to be Other Term Loans); provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.22.02. 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 Eurocurrency 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 2.3 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Energy & Exploration Partners, Inc.)

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.2(f), 2.02(f) as to which this Section 2.3 2.03 shall not apply), the a 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 Eurocurrency Borrowing, not later than 12:00 (noon), Local TimeNew 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), New York City time, one Business Day before 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: (ia) whether the Borrowing then being requested is to be a US$ Borrowing of Term Loan BorrowingLoans, a Euro Term Loan Borrowing, an Incremental Term Loan Borrowing Loans, Revolving Loans or a Incremental Revolving Credit Borrowing, whether such Borrowing is denominated in Dollars, Loans and whether such Borrowing is to be a Eurocurrency Borrowing or an ABR Borrowing; Borrowing (iiprovided that, until the Administrative Agent shall have notified the Borrowers 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 Borrowers shall not be permitted to request a Eurocurrency Borrowing with an Interest Period in excess of one month), (b) the date of such Borrowing (which shall be a Business Day); , (iiic) the number and location of the account to which funds are to be disbursed; , (ivd) the amount of such Borrowing; Borrowing and (ve) if such Borrowing is to be a Eurocurrency Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, (i) each requested Borrowing shall comply with the requirements set forth in Section 2.22.02 and (ii) no Borrowing may be requested to be made on the same day that a prepayment under Section 2.12 of Loans of the same Class and Type the requested Borrowing is scheduled to be made. 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 Eurocurrency Borrowing is specified in any such notice, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.3 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (ASC Holdco, Inc.)

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing Loan, pursuant to Section 2.2(f)2.02(g) or, if applicable, pursuant to Section 2.26 or Section 2.27, in each case as to which this Section 2.3 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 Eurocurrency SOFR Borrowing, not later than 12:00 (noon), Local Time, three 1:00 p.m. 3 U.S. Government Securities Business Days before a proposed Borrowing, and (b) in the case of a EURIBOR Borrowing or XXXXX Borrowing, not later than 1:00 p.m. 4 Business Days before a proposed Borrowing, (c) in the case of an ABR Borrowing, not later than 12:00 11:00 a.m. on the date of a proposed Borrowing, (noon)d) in the case of a Canadian Prime Rate Borrowing, New York City time, not later than 1:00 p.m. one Business Day before prior to the date of a proposed Borrowing and (e) in the case of a XXXXX Borrowing, not later than 1:00 p.m. three Business Days 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) whether the Borrowing then being requested is to be a US$ Term Loan Borrowing, a Euro Term Loan Borrowing, an Incremental Term Loan Borrowing or a Revolving Credit Borrowing, whether relevant Class of such Borrowing is denominated in Dollars, and whether such Borrowing is to be a Eurocurrency SOFR Borrowing, a EURIBOR Borrowing, a XXXXX Borrowing, an ABR Borrowing, a Canadian Prime Rate Borrowing or an ABR a XXXXX 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 BorrowingBorrowing (stated in the relevant Available Currency); and (v) if such Borrowing is to be a Eurocurrency SOFR Borrowing, EURIBOR Borrowing or a XXXXX 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 2.22.02; it being understood and agreed that in order to request a Borrowing pursuant this Section 2.03, the Borrower needs only 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 (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 Eurocurrency SOFR Borrowing, EURIBOR Borrowing or XXXXX 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. A Borrowing denominated in Sterling shall at all times be a XXXXX Borrowing (subject to the last sentence of the definition of “Daily Simple XXXXX”). A Borrowing denominated in Euro shall at all times be a EURIBOR Borrowing (subject to clause (b) of the definition of “EURIBOR Rate”). The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.3 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.

Appears in 1 contract

Samples: Intercreditor Agreement (Dayforce, Inc.)

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or Loan, a deemed Borrowing pursuant to Section 2.2(f2.02(f) or a Mandatory Borrowing pursuant to Section 2.22(f), in each case, as to which this Section 2.3 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 Eurocurrency Eurodollar Borrowing, not later than 12:00 (noon), Local TimeNew 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)11:00 a.m., New York City time, one on the Business Day before of 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 US$ Term Loan Borrowing, a Euro Term Loan Borrowing, an Incremental Term Loan Borrowing or a Revolving Credit Borrowing, whether such Borrowing is denominated in Dollars, and whether such Borrowing is to be a Eurocurrency 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 Eurocurrency 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 2.22.02. 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 Eurocurrency 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 2.3 2.03 (and the contents thereof), and of each Lender’s portion Pro Rata Percentage of the requested Borrowing.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Advanced Disposal Services, Inc.)

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.2(f2.02(f), as to which this Section 2.3 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 an ABR Term Loan, not later than 12:00 noon, New York City time on the Closing Date, (b) in the case of a Eurocurrency Eurodollar Borrowing, not later than 12:00 (noon), Local TimeNew York City time, three Business Days before a proposed Borrowing, and (bc) in the case of an ABR Borrowing, not later than 12:00 (noon), New York City time, one Business Day before 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 US$ Term Loan Borrowing, a Euro Term Loan Borrowing, an Incremental Term Loan Borrowing or a Revolving Credit Borrowing, whether such Borrowing is denominated in Dollars, and whether such Borrowing is to be a Eurocurrency 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 Eurocurrency 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 2.22.02. 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 Eurocurrency 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 2.3 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (St Louis Riverboat Entertainment Inc)

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.2(f2.02(f), as to which this Section 2.3 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 Eurocurrency EurodollarSOFR Borrowing, not later than 12:00 (noon), Local TimeNew York City time, three Business Days before a proposed BorrowingBorrowing or, in the case of any EurodollarSOFR Borrowing to be made on the Restatement Date, not later than 12:00 (noon) New York City time, one Business Day prior to the Restatement Date, and (b) in the case of an ABR Borrowing, not later than 12:00 (noon), New York City time, one on the requested date of Borrowing, and (c) in the case of a EURIBO Rate Borrowing or a XXXXX Xxxx Borrowing, not later than 12:00 (noon) New York City time, three Business Day before a proposed Days prior to the requested date of such XXXXXX Xxxx Borrowing or XXXXX Xxxx Borrowing. Each such telephonic Borrowing Request shall be irrevocableirrevocable (provided that, any telephonic notification or Borrowing Request in respect of a Borrowing to be made on the Restatement Date may be revoked and/or extended by not more than 5 Business Days pending satisfaction of the conditions set out in Article IV), 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 US$ Term Loan EurodollarSOFR Borrowing, a Euro Term Loan EURIBO Rate Borrowing, an Incremental Term Loan Borrowing or a Revolving Credit Borrowing, whether such Borrowing is denominated in Dollars, and whether such Borrowing is to be a Eurocurrency XXXXX Rate 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 Eurocurrency EurodollarSOFR Borrowing, a EURIBO Rate Borrowing or a XXXXX Xxxx Borrowing, the Interest Period with respect thereto; and (vi) if such Borrowing is to be a EurodollarSOFR Borrowing, a EURIBO Rate Borrowing or a XXXXX Xxxx Borrowing, the currency of such Borrowing; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.22.02. 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 Eurocurrency EurodollarSOFR Borrowing, EURIBO Rate Borrowing or XXXXX Xxxx Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. If no currency with respect to a Borrowing is specified, the currency shall be in Dollars in case of an ABR Borrowing or SOFR Borrowing, and in case of a Borrowing in an Alternative Currency, the currency shall be EUR for EURIBO Rate Borrowings and Sterling for XXXXX Xxxx Borrowings. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.3 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Warner Music Group Corp.)

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.2(f2.02(f) or 2.02(g), as to which this Section 2.3 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 Eurocurrency Eurodollar Borrowing, not later than 12:00 (noon), Local TimeNew 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 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 US$ Term Loan Borrowing, a Euro Term Loan Borrowing, an Incremental Term Loan Borrowing or a Revolving Credit Borrowing, whether such Borrowing is denominated in Dollars, and whether such Borrowing is to be a Eurocurrency 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 disburseddisbursed (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 Eurocurrency 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 2.22.02. 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 Eurocurrency 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 2.3 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Ryan's Restaurant Leasing Company, LLC)

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.2(f2.02(f), as to which this Section 2.3 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 Eurocurrency Fixed Rate Borrowing, not later than 12:00 (noon)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 timeLocal Time, one on the Business Day before 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) whether the Borrowing then being requested is to be a US$ Term Loan Borrowing, a Euro Term Loan Borrowing, an Incremental Term Loan Borrowing or a Revolving Credit Borrowing, whether currency and Class of such Borrowing is denominated in Dollars, and whether such Borrowing is to be a Eurocurrency 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 disburseddisbursed (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 Eurocurrency 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 2.22.02. 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 Eurocurrency 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 2.3 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Cb Richard Ellis Group Inc)

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.2(f2.02(f), as to which this Section 2.3 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 Eurocurrency Eurodollar Borrowing, not later than 12:00 (noon), Local TimeNew 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 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 US$ Term Loan Borrowing, a Euro Term Loan Borrowing, an Incremental Term Loan Borrowing or a Revolving Credit Borrowing, whether such Borrowing is denominated in Dollars, and whether such Borrowing is to be a Eurocurrency 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 disburseddisbursed (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 Eurocurrency 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 2.22.02. 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 Eurocurrency 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 2.3 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Ameripath Indiana LLC)

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Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.2(f2.02(f), as to which this Section 2.3 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 Eurocurrency Eurodollar Borrowing, not later than 12:00 (noon), Local TimeNew York City time, three Business Days before a proposed BorrowingBorrowing or, in the case of any Eurodollar Borrowing to be made on the Restatement Date, not later than 12:00 (noon) New York City time, one Business Day prior to the Restatement Date, and (b) in the case of an ABR Borrowing, not later than 12:00 (noon), New York City time, one Business Day before a proposed on the requested date of Borrowing. Each such telephonic Borrowing Request shall be irrevocableirrevocable (provided that, any telephonic notification or Borrowing Request in respect of a Borrowing to be made on the Restatement Date may be revoked and/or extended by not more than 5 Business Days pending satisfaction of the conditions set out in Article IV), 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 US$ Term Loan Borrowing, a Euro Term Loan Borrowing, an Incremental Term Loan Borrowing or a Revolving Credit Borrowing, whether such Borrowing is denominated in Dollars, and whether such Borrowing is to be a Eurocurrency 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 Eurocurrency Eurodollar Borrowing, the Interest Period with respect thereto; and (vi) if such Borrowing is to be a Eurodollar Borrowing, the currency of such Borrowing; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.22.02. 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 Eurocurrency 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 2.3 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.ABR

Appears in 1 contract

Samples: Credit Agreement (Warner Music Group Corp.)

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.2(f2.02(e), as to which this Section 2.3 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 by telephone (confirmed by telecopy, email or other electronic transmission) (a) in the case of a Eurocurrency BorrowingRate Borrowing denominated in Dollars, not later than 12:00 (noon)11:00 a.m., Local TimeNew 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 day of a proposed Borrowing and (c) in the case of an Alternative Currency Borrowing, not later than 12:00 noon, local time of the jurisdiction of such Alternative Currency, at least four Business Day Days before 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 US$ Term Loan Borrowing, a Euro Term Loan Borrowing, an Incremental Term Loan Borrowing or a Revolving Credit Borrowing, whether such Borrowing is denominated in Dollars, and whether such Borrowing is to be a Eurocurrency Rate Borrowing (and in the case of the Term Borrowing, whether the applicable rate shall be a EURIBOR Borrowing or LIBOR Borrowing) Borrowing, whether the applicable rate shall be a EURIBOR Borrowing or LIBOR Borrowing or an ABR Borrowing; (ii) in the case of a Term Borrowing on the Amendment Closing Date, the currency applicable to such Borrowing; (iii) 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 disburseddisbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (ivv) the amount (in Dollars or the Alternative Currency, as the case may be) of such Borrowing; and (vvi) if such Borrowing is to be a Eurocurrency Rate Borrowing, the Interest Period with respect thereto; and (vii) the entity which will be the Borrower for such Loan; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.22.02. 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 election as to any Eurocurrency the currency of Borrowing is specified in any such notice, then the Borrower requested Borrowing shall be deemed to have selected an Interest Period of one month’s durationdenominated in Dollars. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.3 2.03 (and the contents thereof), and of each Lender’s 's portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Actuant Corp)

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.2(f), as to which this Section 2.3 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 Eurocurrency Borrowing, not later than 12:00 (noon), Local TimeNew 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 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 the Borrowing then being requested is to be a US$ Term Loan Borrowing, a Euro Term Loan Borrowing, an Incremental Term Loan Borrowing or a Revolving Credit Borrowing, whether such Borrowing is denominated in Dollars, and whether such Borrowing is to be a 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 disburseddisbursed (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 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 2.22.02. 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 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 2.3 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

Samples: Amendment Agreement (Terex Corp)

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.2(f2.02(f), as to which this Section 2.3 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 Eurocurrency Eurodollar Borrowing, not later than 12:00 (noon)11:00 a.m., Local TimeEastern time, three Business Days before a proposed Borrowing, and (b) in the case of an ABR Borrowing, not later than 12:00 (noon)10:00 a.m., New York City Eastern time, one on the same Business Day before a 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 US$ Term Loan Borrowing, a Euro Term Loan Borrowing, an Incremental Term Loan Borrowing or a Revolving Credit Borrowing, whether such Borrowing is denominated in Dollars, and whether such Borrowing is to be a Eurocurrency 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 Eurocurrency 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 2.22.02. 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 Eurocurrency 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 2.3 2.03 (and the contents thereof), and of each Lender’s 's portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Overnite Corp)

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.2(f), as to which this Section 2.3 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 C (a) in the case of a Eurocurrency Eurodollar Borrowing, not later than 12:00 (noon), Local TimeNew 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 a proposed Borrowing; PROVIDED, HOWEVER, that Borrowing Requests with respect to Borrowings to be made on the Effectiveness Date may, at the discretion of the Administrative Agent, be delivered later than the times specified above and Borrowing Requests with respect to Tranche A Reimbursement Borrowings being made to reimburse any Tranche A L/C Disbursement may be delivered by no later than 12:00 (noon), New York City time, on the date of such 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 US$ Term Loan Borrowing, a Euro Term Loan Borrowing, an Incremental Term Loan Tranche A Reimbursement Borrowing or a Revolving Credit Borrowing, whether Borrowing (and in the case of a Term Borrowing the Commitments pursuant to which the Loans comprising such Borrowing is denominated in Dollarsare to be made), and whether such Borrowing is to be a Eurocurrency 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 disburseddisbursed (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 Eurocurrency 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 2.22.02. 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 Eurocurrency 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 2.3 (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 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

Samples: Credit Agreement (Ucar International Inc)

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.2(f2.02(f), as to which this Section 2.3 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 Eurocurrency Eurodollar Borrowing, not later than 12:00 (noon), Local TimeNew 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 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 US$ an Extended Term Loan Borrowing, a Euro Non-Extended Delayed Draw Term Loan Borrowing, a Non-Extended Funded Term Borrowing, an Incremental Term Loan Borrowing or a Revolving Credit Borrowing, whether such Borrowing is denominated in Dollars, and whether such Borrowing is to be a Eurocurrency 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 Eurocurrency 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 2.22.02. 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 Eurocurrency 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 2.3 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Community Health Systems Inc)

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan, an A/C Fronted Loan or a deemed Borrowing pursuant to Section 2.2(f2.02(f), as to which this Section 2.3 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 (or telephone the Administrative Agent, promptly confirmed with a written and duly completed Borrowing Request) (a) in the case of a Eurocurrency Borrowing (other than an Alternative Currency Borrowing), not later than 12:00 (noon), New York City time, three Business Days before a proposed Borrowing, (b) in the case of an Alternative Currency Borrowing, not later than 12:00 (noon), Local Timelocal time of the jurisdiction of such Alternative Currency, three Business Days before a the date of the proposed Borrowing, Borrowing and (bc) 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 a proposed Borrowing. Each Borrowing Request (including a telephonic Borrowing Request) shall be irrevocable, shall be signed by or on behalf of the such Borrower and shall specify the following information: (i) whether such Borrowing is to be a Dollar Borrowing or an Alternative Currency Borrowing; (ii) whether the Borrowing then being requested is to be a US$ Tranche A Term Loan Borrowing, a Euro Tranche B Term Loan Borrowing, an Incremental Term Loan Borrowing or a Revolving Credit Borrowing, whether ; (iii) if such Borrowing is to be denominated in Dollarsdollars, and whether such Borrowing it is to be a Eurocurrency Borrowing or an ABR Borrowing; (iiiv) 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 disburseddisbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (ivvi) the amount of such Borrowing (which shall be specified in dollars, even if such Borrowing is to be made in an Alternative Currency); (vii) subject to the limitations of Section 2.01, the currency of such Borrowing; and (vviii) if such Borrowing is to be a 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 2.22.02. If no election as to the currency of Borrowing is specified in any such notice, then the requested Borrowing shall be denominated in the only currency permitted to be borrowed by such Borrower pursuant to Section 2.01. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR BorrowingBorrowing if denominated in dollars or a Eurocurrency Borrowing if denominated in an Alternative Currency. If no Interest Period with respect to any 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 's duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.3 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

Samples: Credit Agreement (Terex Corp)

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan an Offered Rate Borrowing or a deemed Borrowing pursuant to Section 2.2(f2.02(f), as to which this Section 2.3 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 Eurocurrency Domestic Eurodollar Borrowing, at its offices in New York City not later than 12:00 (noon)1:00 p.m., Local TimeNew 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 a 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 the Borrowing then being requested is to be a US$ Term Loan Borrowing, a Euro Term Loan Borrowing, an Incremental Term Loan Borrowing or a Revolving Credit Borrowing, whether such Borrowing is denominated in Dollars, and whether such Borrowing is to be a Eurocurrency 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 disburseddisbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (ivvi) the amount of such Borrowing; and (vvii) if such Borrowing is to be a Eurocurrency 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 2.22.02. 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 Eurocurrency 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 2.3 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

Samples: Credit Agreement (International Manufacturing Services Inc)

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.2(f2.02(e), as to which this Section 2.3 2.03 shall not apply; a conversion or continuation of a Borrowing pursuant to Section 2.10 or capitalization of any interest constituting Term Loan PIK Interest pursuant to Section 2.06(d)), the U.S. Borrower or Cayman Borrower, as applicable, shall hand deliver or fax to the Administrative Agent (or give telephonic notice promptly confirmed by a written notice) a duly completed Borrowing Request (a) in the case of a Eurocurrency Eurodollar Borrowing, not later than 12:00 (noon), Local TimeNew York City time, three Business Days before a proposed BorrowingBorrowing (or as otherwise agreed by the Administrative Agent in its sole discretion), 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 a proposed Borrowing. Each such Borrowing Request shall be irrevocable, shall be signed by or irrevocable (except for Borrowing Requests conditioned on behalf the occurrence of the Borrower Third Restatement Date or the consummation of any Permitted Acquisition), and shall specify the following information: (i) whether the Borrowing then being requested is to be a US$ Term Loan Borrowing, a Euro Term Loan BorrowingBorrowing of Loans made pursuant to Section 2.01(a), an Incremental Term Loan Borrowing or a Revolving Credit Borrowing, whether such Borrowing is denominated in Dollars, and whether such Borrowing is to be a Eurocurrency 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 Eurocurrency 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 2.22.02. 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 Eurocurrency Eurodollar Borrowing is specified in any such notice, then the U.S. Borrower or Cayman Borrower, as applicable, shall be deemed to have selected an Interest Period of one month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.3 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Lindblad Expeditions Holdings, Inc.)

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or Loan, a deemed Borrowing pursuant to Section 2.2(f2.02(f) or a Loan made pursuant to Section 2.22(d) or Section 2.23(e), as to which this Section 2.3 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 (or telephone the Administrative Agent, promptly confirmed with a written (including by telecopy) and duly completed Borrowing Request) (a) in the case of a Eurocurrency Borrowing, not later than 12:00 (noon)12:30 p.m., Local TimeNew York City time, three Business Days (or, if such Borrowing is to be an Alternative Currency Borrowing, 12:30 p.m., New York time, four Business Days) before a proposed Borrowing, and (b) in the case of an ABR Borrowing, not later than 12:00 (noon)12:30 p.m., New York City time, one Business Day before a proposed Borrowing. Each Borrowing Request (including a telephonic 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 currency of such Borrowing then being requested (which shall be Dollars or an Alternative Currency); (ii) if such Borrowing is to be a US$ Term Loan Borrowing, a Euro Term Loan Borrowing, an Incremental Term Loan Borrowing or a Revolving Credit Borrowing, whether such Borrowing is denominated in Dollars, and whether such Borrowing is to be a Eurocurrency Borrowing or an ABR Borrowing; (iiiii) the date of such Borrowing (which shall be a Business Day); (iiiiv) the number and location of the account to which funds are to be disbursed; (ivv) the amount of such Borrowing (which shall be expressed in Dollars, regardless of whether such Borrowing is an Alternative Currency Borrowing); and (vvi) if such Borrowing is to be a 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 2.22.02. If no election as to the currency of Borrowing is specified in any such notice, then the requested Borrowing shall be denominated in Dollars. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR BorrowingBorrowing if denominated in Dollars or a Eurocurrency Borrowing if denominated in an Alternative Currency. If no Interest Period with respect to any Eurocurrency 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 2.3 2.03 (and the contents thereof), and of each Lender’s 's portion of the requested BorrowingBorrowing and the account to which Loans comprising the requested Borrowing are to be wired.

Appears in 1 contract

Samples: Credit Agreement (Jafra Worldwide Holdings Lux Sarl)

Borrowing Procedure. (a) In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.2(f), 2.02(g) or a Swing Line Borrowing as to which this Section 2.3 2.03(a) shall not apply), the U.S. Borrower (or the Parent Borrower on its behalf) shall hand deliver deliver, fax or send by electronic communication (e-mail) (or by telephone notice promptly confirmed by a written, fax or electronic communication (e-mail)) to the Administrative Agent (or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request (ax) in the case of a Eurocurrency Borrowing, not later than 12:00 1:00 p.m. (noon), Local Standard Time, ) three Business Days before a proposed Borrowing, and (by) in the case of an ABR Borrowing, Borrowing not later than 12:00 1:00 p.m. (noon), New York City time, Standard Time) one Business Day before a proposed Borrowing. Each such Borrowing Request shall be irrevocable, shall be signed by or on behalf of a Responsible Officer of the U.S. Borrower (or the Parent Borrower on its behalf) and shall specify the following information: (i) whether the Borrowing then being requested is to be a US$ Term Loan Borrowing, a Euro Term Loan Borrowing, an Incremental Term Loan U.S. Revolving Borrowing or a Revolving Credit U.S. Term Borrowing, whether such Borrowing is denominated in Dollars, and (ii) whether such Borrowing is to be a Eurocurrency Borrowing or an ABR Borrowing; (iiiii) the date of such Borrowing (which shall be a Business Day); (iiiiv) the number and location of the account to which funds are to be disburseddisbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (ivv) the amount of such Borrowing; and (vvi) if such Borrowing is to be a 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 2.22.02. 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 Eurocurrency Borrowing is specified in any such notice, then the U.S.Parent Borrower shall be deemed to have selected an Interest Period of one month’s duration. The Administrative Agent shall promptly advise the applicable Applicable Lenders of any notice given pursuant to this Section 2.3 2.03(a) (and the contents thereof), and of each Lender’s portion of the requested Borrowing.

Appears in 1 contract

Samples: Syndicated Facility Agreement (Civeo Corp)

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.2(f), as to which this Section 2.3 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 Eurocurrency Eurodollar Borrowing, not later than 12:00 (noon)2:00 p.m., Local TimeNew 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 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 US$ Term Loan Borrowing, a Euro Term Loan Borrowing, an Incremental Term Loan Borrowing of Loans or a Revolving Credit Borrowing, whether such Borrowing is denominated in Dollars, of Incremental Loans and whether such Borrowing is to be a Eurocurrency Eurodollar Borrowing or an ABR BorrowingBorrowing (provided that, until the Administrative Agent 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 30 days after the Second Restatement Date), the Borrower shall not be permitted to request a Eurodollar Borrowing with an Interest Period in excess of one month); provided, however, that the initial Interest Period of any Eurodollar Borrowing made on the Second Restatement Date shall commence on the Second Restatement Date and end on March 31, 2014; (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 Eurocurrency 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 2.22.02. 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 Eurocurrency 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 2.3 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Supervalu Inc)

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan Competitive Borrowing or a deemed Borrowing pursuant to Section 2.2(f)Swingline Loan, as to which this Section 2.3 2.04 shall not apply), the Borrower or the UK Borrower, as applicable, shall hand deliver by hand, telecopy or fax other writing transmitted electronically (including in the form of a .pdf attachment) to the Administrative Agent (or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request (a) in the case of a Eurocurrency Borrowing, not later than 12:00 (noon)10:30 a.m., Local TimeNew 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 BorrowingBorrowing (or, in the case of an ABR Borrowing by the UK Borrower, not later than 10:00 a.m., New York time). Each Borrowing Request shall be irrevocable, shall be signed by or on behalf of the Borrower an Authorized Representative, and shall specify the following information: (i) whether the requested Borrowing is a Domestic Loan or a Multicurrency Loan requested by the Borrower and, if a Multicurrency Loan, the identity of the borrower; (ii) with respect to Borrowings by the Borrower, or with respect to Dollar denominated Borrowings by the UK Borrower, whether the Borrowing then being requested is to be a US$ Term Loan Borrowing, a Euro Term Loan Borrowing, an Incremental Term Loan Borrowing or a Revolving Credit Borrowing, whether such Borrowing is denominated in Dollars, and whether such Borrowing is to be a Eurocurrency Borrowing or an ABR Borrowing; (iiiii) the date of such Borrowing (which shall be a Business Day); (iiiiv) the number and location of the account to which funds are to be disburseddisbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (ivv) the amount of such Borrowing; and (vvi) if such Borrowing is to be a Eurocurrency Borrowing, the Interest Period with respect thereto; and (vii) with respect to Borrowings by the UK Borrower, the Available Currency of such Revolving Loan; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.22.02. If no election as to the Type of Borrowing is specified in any such noticenotice by the Borrower or the UK Borrower with respect to Dollar denominated Loans, then the requested Borrowing shall be an ABR Borrowing; if no election as to the Type of Borrowing is specified in any such notice by the UK Borrower with respect to non-Dollar denominated Loans, then the requested Borrowing shall be a Eurocurrency Borrowing with an Interest Period of one month’s duration. If no Interest Period with respect to any Eurocurrency Borrowing is specified in any such notice, then the Borrower Borrower, or the UK Borrower, as the case may be, 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 2.3 2.04 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.

Appears in 1 contract

Samples: Raytheon Co/

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.2(f2.02(f), as to which this Section 2.3 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 Eurocurrency Eurodollar Borrowing, not later than 12:00 (noon)11:00 a.m., Local TimeEastern time, three Business Days before a proposed Borrowing, and (b) in the case of an ABR Borrowing, not later than 12:00 (noon)10:00 a.m., New York City Eastern time, one on the same Business Day before a 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 US$ Term Loan Borrowing, a Euro Term Loan Borrowing, an Incremental Term Loan Borrowing or a Revolving Credit Borrowing, whether such Borrowing is denominated in Dollars, and whether such Borrowing is to be a Eurocurrency 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 Eurocurrency 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 2.22.02. 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 Eurocurrency 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 2.3 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Overnite Corp)

Borrowing Procedure. (a) In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.2(f), 2.02(g) or a Swing Line Borrowing as to which this Section 2.3 2.03(a) shall not apply), the applicable U.S. Borrower (or the Parent Borrower on its behalf) shall hand deliver deliver, fax or send by electronic communication (e-mail) (or by telephone notice promptly confirmed by a written, fax or electronic communication (e-mail)) to the Administrative Agent (or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request (ax) in the case of a Eurocurrency Borrowing, not later than 12:00 1:00 p.m. (noon), Local Standard Time, ) three Business Days before a proposed Borrowing, and (by) in the case of an ABR Borrowing, Borrowing not later than 12:00 1:00 p.m. (noon), New York City time, Standard Time) one Business Day before a proposed Borrowing. Each such Borrowing Request shall be irrevocable, shall be signed by or on behalf of a Responsible Officer of such U.S. Borrower (or the Parent Borrower on its behalf) and shall specify the following information: (i) whether the Borrowing then being requested is to be a US$ Term Loan Borrowing[reserved], a Euro Term Loan Borrowing, an Incremental Term Loan Borrowing or a Revolving Credit Borrowing, whether such Borrowing is denominated in Dollars, and (ii) whether such Borrowing is to be a Eurocurrency Borrowing or an ABR Borrowing; (iiiii) the date of such Borrowing (which shall be a Business Day); (iiiiv) the number and location of the account to which funds are to be disburseddisbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (ivv) the amount of such Borrowing; and (vvi) if such Borrowing is to be a 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 2.22.02. 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 Eurocurrency Borrowing is specified in any such notice, then the Parent Borrower shall be deemed to have selected an Interest Period of one month’s duration. The Administrative Agent shall promptly advise the applicable Applicable Lenders of any notice given pursuant to this Section 2.3 2.03(a) (and the contents thereof), and of each Lender’s portion of the requested Borrowing.

Appears in 1 contract

Samples: Syndicated Facility Agreement (Civeo Corp)

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.2(f2.23(c), as to which this Section 2.3 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 Eurocurrency Eurodollar Borrowing, not later than 12:00 (noon), Local TimeNew 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 on the same Business Day before a as such 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 US$ Term Loan Borrowing, a Euro Term Loan Borrowing, an Incremental Term Loan Borrowing or a Revolving Credit Borrowing, whether such Borrowing is denominated in Dollars, and whether such Borrowing is to be a Eurocurrency Eurodollar Borrowing or an ABR BorrowingBorrowing (provided that, until the Administrative Agent 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 30 days after the Closing Date), the Borrower shall not be permitted to request a Eurodollar Borrowing with an Interest Period in excess of one month); (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 Eurocurrency 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 2.22.02. 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 Eurocurrency 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 2.3 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (GT Solar International, Inc.)

Borrowing Procedure. In order to To request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.2(f), as to which this Section 2.3 shall not apply)Revolving Borrowing, the Borrower shall hand deliver or fax to notify the Administrative Agent of such request by electronic transmission (if arrangements for doing so have been approved by the Administrative Agent, which approval shall not be unreasonably withheld, conditioned or give telephonic notice promptly confirmed by written noticedelayed) a duly completed Borrowing Request (ai) in the case of a Eurocurrency BorrowingBorrowing of LIBO Rate Loans, not later than 12:00 (noon), Local 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 three Business Days before the date of the proposed Borrowing, (ii) in the case of a Borrowing of CDOR Rate Loans, not later than 1:00 p.m., Toronto time, three Business Days before the date of the proposed Borrowing to the Administrative Agent’s Toronto office or (iii) in the case of a Borrowing of Base Rate Loans (other than Swingline Loans), not later than 12:00 noon, New York City time, on the Business Day before a of the proposed Borrowing. Notwithstanding the foregoing, if the Borrower wishes to request LIBO Rate Loans having an Interest Period other than one, three or six months in duration, or if agreed to by all Lenders, twelve months or less than one month in duration with the consent of the Administrative Agent, in each case as provided in the definition of “Interest Period,” the applicable notice must be received by the Administrative Agent not later than 11:00 a.m. four Business Days before the date of the proposed Borrowing, whereupon the Administrative Agent shall give prompt notice to each Lender with a relevant Revolving Commitment of such request and determine whether the requested Interest Period is acceptable to all of them. Not later than 11:00 a.m., three Business Days before the proposed date of such Borrowing, the Administrative Agent shall notify the Borrower (which notice may be by telephone) whether or not the requested Interest Period has been consented to by such Lenders. Each such telephonic Notice of Borrowing Request shall be irrevocable, subject to Sections 2.09 and 3.01, and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Notice of Borrowing in a form approved by the Administrative Agent and signed by or on behalf the Borrower. Each such telephonic and written Notice of the Borrower and Borrowing shall specify the following information: (i) whether the Borrowing then being requested is to be a US$ Term Loan Borrowing, a Euro Term Loan Borrowing, an Incremental Term Loan Borrowing or a Revolving Credit Borrowing, whether such Borrowing is denominated information in Dollars, and whether such Borrowing is to be a 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 Eurocurrency Borrowing, the Interest Period compliance 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 2.2. 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 Eurocurrency 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 2.3 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.2.02:

Appears in 1 contract

Samples: Revolving Credit Agreement (Custom Truck One Source, Inc.)

Borrowing Procedure. In order to request a the Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.2(f), as to which this Section 2.3 shall not apply)be made on the Closing Date, the Borrower shall notify the Administrative Agent of such request by hand deliver delivery or fax 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 Eurocurrency Eurodollar Borrowing, not later than 12:00 (noon), Local TimeNew York City time, three Business Days before a such 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 a such proposed Borrowing. 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 US$ Term Loan Borrowing, a Euro Term Loan Borrowing, an Incremental Term Loan Borrowing or a Revolving Credit Borrowing, whether such Borrowing is denominated in Dollars, and whether such Borrowing is to be a Eurocurrency 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 Eurocurrency 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 2.22.02. 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 Eurocurrency 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 2.3 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.

Appears in 1 contract

Samples: Lien Credit Agreement (Crimson Exploration Inc.)

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.2(f2.02(f), as to which this Section 2.3 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 Eurocurrency Eurodollar Borrowing, not later than 12:00 (noon)1:00 p.m., Local TimeNew 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 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 US$ Term Loan Borrowing, a Euro Term Loan Borrowing, an Incremental Term Loan Borrowing or a Revolving Credit Borrowing, whether such Borrowing is denominated in Dollars, and whether such Borrowing is to be a Eurocurrency 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 Eurocurrency 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 2.22.02. 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 Eurocurrency 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 2.3 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (CCC Information Services Group Inc)

Borrowing Procedure. (a) In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.2(f), 2.02(g) or a Swing Line Borrowing as to which this Section 2.3 2.03(a) shall not apply), the applicable U.S. Borrower (or the Parent Borrower on its behalf) shall hand deliver deliver, fax or send by electronic communication (e-mail) (or by telephone notice promptly confirmed by a written, fax or electronic communication (e-mail)) to the Administrative Agent (or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request (ax) in the case of a Eurocurrency Borrowing, not later than 12:00 1:00 p.m. (noon), Local Standard Time, ) three Business Days before a proposed Borrowing, and (by) in the case of an ABR Borrowing, Borrowing not later than 12:00 1:00 p.m. (noon), New York City time, Standard Time) one Business Day before a proposed Borrowing. Each such Borrowing Request shall be irrevocable, shall be signed by or on behalf of a Responsible Officer of such U.S. Borrower (or the Parent Borrower on its behalf) and shall specify the following information: (i) whether the Borrowing then being requested is to be a US$ Term Loan Borrowing[reserved], a Euro Term Loan Borrowing, an Incremental Term Loan Borrowing or a Revolving Credit Borrowing, whether such Borrowing is denominated in Dollars, and (ii) whether such Borrowing is to be a Eurocurrency Borrowing or an ABR Borrowing; (iiiii) the date of such Borrowing (which shall be a Business Day); (iiiiv) the number and location of the account to which funds are to be disburseddisbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (ivv) the amount of such Borrowing; and (vvi) if such Borrowing is to be a 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 2.22.02. 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 Eurocurrency Borrowing is specified in any such notice, then the Parent Borrower shall be deemed to have selected an Interest Period of one month’s duration. The Administrative Agent shall promptly advise the applicable Applicable Lenders of any notice given pursuant to this Section 2.3 2.03(a) (and the contents thereof), and of each Lender’s portion of the requested Borrowing.. (b) In order to request a Borrowing (other than a deemed Borrowing pursuant to Section 2.02(g) or a Swing Line Borrowing as to which Section 2.03(b) shall not apply), the Parent Borrower shall hand deliver, fax or send by electronic communication (e-mail) (or by telephone notice promptly confirmed by a written, fax or electronic communication (e-mail)) to the Canadian Administrative Agent a duly completed Borrowing Request (x) in the case of a B/A Borrowing or a Eurocurrency Borrowing, not later than 1:00 p.m. (Standard Time) three Business Days before the proposed Borrowing and (y) in the case of a Canadian Prime Rate Borrowing or U.S. Base Rate Borrowing, not later than 1:00 p.m. (Standard Time) one Business Day before the proposed Borrowing. Each such Borrowing Request shall be irrevocable, shall be signed by or on behalf of a Responsible Officer of the Parent Borrower and shall specify the following information: (i) in the case of a Canadian Revolving Borrowing, whether the Borrowing then being requested is to be denominated in Canadian dollars or U.S. dollars; (ii) whether such Borrowing is to be a Canadian Prime Rate Borrowing, a B/A Borrowing, a U.S. Base Rate Borrowing or a Eurocurrency Borrowing; (iii) the date of such Borrowing (which shall be a Business Day); (iv) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (v) the amount of such Borrowing; and (vi) if such Borrowing is to be a B/A Borrowing or a Eurocurrency Borrowing, the Contract Period or Interest Period, respectively, therefor; provided, however, that, notwithstanding any contrary specification

Appears in 1 contract

Samples: Syndicated Facility Agreement (Civeo Corp)

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.2(f2.02(f), as to which this Section 2.3 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 Eurocurrency Eurodollar Borrowing, not later than 12:00 (noon), Local TimeNew 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), New York City time, one Business Day before 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 US$ Term Loan Borrowing, a Euro Term Loan Borrowing, an Incremental Term Loan Borrowing or a Revolving Credit Borrowing, whether such Borrowing is denominated in Dollars, and whether such Borrowing is to be a Eurocurrency 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 Eurocurrency 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 2.22.02. 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 Eurocurrency 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 2.3 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (NRG Energy, Inc.)

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan, an A/C Fronted Loan or a deemed Borrowing pursuant to Section 2.2(f2.02(f), as to which this Section 2.3 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 (or telephone the Administrative Agent, promptly confirmed with a written and duly completed Borrowing Request) (a) in the case of a Eurocurrency Borrowing (other than an Alternative Currency Borrowing), not later than 12:00 (noon), New York City time, three Business Days before a proposed Borrowing, (b) in the case of an Alternative Currency Borrowing, not later than 12:00 (noon), Local Timelocal time of the jurisdiction of such Alternative Currency, three Business Days before a the date of the proposed Borrowing, Borrowing and (bc) 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 a proposed Borrowing. Each Borrowing Request (including a telephonic Borrowing Request) shall be irrevocable, shall be signed by or on behalf of the such Borrower and shall specify the following information: (i) whether the such Borrowing then being requested is to be a US$ Term Loan Borrowing, a Euro Term Loan Borrowing, an Incremental Term Loan Domestic Revolving Credit Borrowing or a Multicurrency Revolving Credit Borrowing, (ii) if such Borrowing is to be a Multicurrency Revolving Credit Borrowing, whether such Borrowing is to be a Dollar Borrowing or an Alternative Currency Borrowing; (iii) if such Borrowing is to be denominated in Dollarsdollars, and whether such Borrowing it is to be a Eurocurrency Borrowing or an ABR Borrowing; (iiiv) 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 disburseddisbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (ivvi) the amount of such Borrowing (which shall be specified in dollars, even if such Borrowing is to be made in an Alternative Currency); (vii) if such Borrowing is to be an Alternative Currency Borrowing, the Alternative Currency of such Borrowing; and (vviii) if such Borrowing is to be a 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 2.22.02. If no election is made as to whether a Revolving Credit Borrowing is to be a Domestic Revolving Credit Borrowing or a Multicurrency Revolving Credit Borrowing, then such Borrowing shall be deemed to be a Domestic Revolving Credit Borrowing if denominated in dollars and a Multicurrency Revolving Credit Borrowing if denominated in an Alternative Currency. If no election as to the currency of Borrowing is specified in any such notice, then the requested Borrowing shall be denominated in the only currency permitted to be borrowed by such Borrower pursuant to Section 2.01. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR BorrowingBorrowing if denominated in dollars or a Eurocurrency Borrowing if denominated in an Alternative Currency. If no Interest Period with respect to any 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 's duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.3 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

Samples: Credit Agreement (Terex Corp)

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.2(f2.02(f) or 2.02(g), as to which this Section 2.3 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 Eurocurrency Eurodollar Borrowing, not later than 12:00 (noon), Local TimeNew 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 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 US$ Term Loan Borrowing, a Euro Term Loan Borrowing, an Incremental Term Loan Revolving Credit Borrowing or a Revolving Credit PF L/C Borrowing, whether such Borrowing is denominated in Dollars, and whether such Borrowing is to be a Eurocurrency 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 disburseddisbursed (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 Eurocurrency 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 2.22.02. 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 Eurocurrency 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 2.3 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Buffets Holdings, Inc.)

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.2(f), as to which this Section 2.3 shall not apply)Borrowing, the Borrower shall hand deliver or fax to notify the Administrative Agent (of such request by telephone, fax or give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request other means of electronic transmission (a) in the case of a Eurocurrency Eurodollar Borrowing, not later than 12:00 (noon), Local TimeNew York City time, three Business Days before a proposed BorrowingBorrowing (or, in the case of the Closing Date or the FundingSecond Amendment Date, such later date prior to the Closing Date or the FundingSecond Amendment 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 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 US$ Term Loan Borrowing, a Euro Term Loan Borrowing, an Incremental Term Loan Borrowing or a Revolving Credit Borrowing, whether such Borrowing is denominated in Dollars, and whether such Borrowing is to be a Eurocurrency 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) in the case of Revolving Loans, the currency in which such Borrowing is to be denominated; and (vvi) if such Borrowing is to be a Eurocurrency 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 2.22.02. If If, in the case of Revolving Loans denominated in Dollars, no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If in the case of the initial Borrowing of Initial B-2 Term Loans on the Closing Date, no election as to the Type of Borrowing is specified in such notice, then the requested Borrowing shall be a Eurodollar Borrowing with an Interest Period as specified in clause (d) of the definition of Interest Period. Notwithstanding the foregoing, the initial Interest Periods with respect to B-1 Term Loans and Incremental B-2 Term Loans made on the FundingSecond Amendment Date shall be as set forth in clauses (e) and (f), respectively,d) of the definition of Interest Period. If no currency is specified with respect to any Revolving Credit Borrowing that is a Eurodollar Borrowing, then the Borrower shall be deemed to have requested a Borrowing in Dollars. In the case of Alternative Currency Revolving Loans, the requested Borrowing shall be a Eurodollar Borrowing. If no Interest Period with respect to any Eurocurrency Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected (i) except in the case of the initial Borrowing of Initial B-2 Term Loans on the Closing Date or B-1 Term Loans or Incremental B-2 Term Loans on the Funding Date, an Interest Period of one month’s duration, (ii) in the case of the initial Borrowing of Initial B-2 Term Loans on the Closing Date, an Interest Period as specified in clause (d) of the definition of Interest Period and (iii) in the case of B-1 Term Loans or Incremental B-2 Term Loans made on the Funding Date, the Interest Period or Interest Periods specified in clauses (e) and (f) of the definition of Interest Period, respectively. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.3 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Bats Global Markets, Inc.)

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.2(f2.02(f), as to which this Section 2.3 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 Eurocurrency Eurodollar Borrowing, not later than 12:00 (noon)11:00 a.m., Local TimeNew 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 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 US$ Term Loan Borrowing, a Euro Term Loan Borrowing, an Incremental Term Loan Borrowing or a Revolving Credit Borrowing, whether such Borrowing is denominated in Dollars, and whether such Borrowing is to be a Eurocurrency 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 Eurocurrency 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 2.22.02. 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 Eurocurrency 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 2.3 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Atp Oil & Gas Corp)

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