Common use of Borrowing Procedure Clause in Contracts

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by delivering a Borrowing Request to the Administrative Agent on or before 10:00 a.m. on a Business Day, the Borrower may from time to time irrevocably request, on such Business Day in the case of Base Rate Loans or on not less than three Business Days’ notice and not more than five Business Days’ notice, in the case of LIBO Rate Loans denominated in Dollars, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 and an integral multiple of $1,000,000, in the case of Base Rate Loans, in a minimum amount of $1,000,000 and an integral multiple of $500,000 or, in either case, in the unused amount of the applicable Commitment. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day specified in such Borrowing Request. In the case of other than Swing Line Loans, on or before 12:00 noon on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the Borrower by wire transfer to the accounts the Borrower shall have specified in its Borrowing Request. No Lender’s obligation to make any Loan shall be affected by any other Lender’s failure to make any Loan.

Appears in 4 contracts

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

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by By delivering a Borrowing Request to the Administrative Agent on or before 10:00 a.m. 11:00 a.m., Chicago time, on a Business Day, the Borrower may from time to time irrevocably request, on such Business Day notice on the date of the requested Borrowing in the case of Base Rate Loans or and on not less than three Business Days’ notice and not nor more than five Business Days’ notice, in the case of LIBO Rate Loans denominated in Dollars, that a Borrowing be made, notice in the case of LIBO Rate Loans, that a Borrowing be made in a minimum amount of (i) $5,000,000 500,000 if such Loan is a LIBO Rate Loan or (ii) the lesser of the unused amount of the Revolving Commitments or $100,000, if such Loan is a Base Rate Loan and an integral multiple of $1,000,000100,000, in to the case of Base Rate Loans, in a minimum extent such additional amount of $1,000,000 and an integral multiple of $500,000 or, in either case, in the unused amount of the applicable Commitmentis permitted to be borrowed hereunder. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day Day, specified in such Borrowing Request. In the case of other than Swing Line Loans, on On or before 12:00 noon 1:00 p.m. (Chicago time) on such Business Day Day, each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the Borrower by wire transfer to the accounts the Borrower shall have specified in its Borrowing Request. No Lender’s obligation to make any Loan shall be affected by any other Lender’s failure to make any Loan.

Appears in 4 contracts

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

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by delivering a Borrowing Request to the Administrative Agent on or before 10:00 a.m. on a Business Day, the The Borrower may from time to time irrevocably request, on such Business Day in the case of Base Rate Loans or on not less than three Business Days’ notice and not more than five Business Days’ notice, in the case of LIBO Rate Loans denominated in Dollars, request that a Borrowing be made, made in the case of LIBO (a) for Base Rate Loans, in a minimum amount of $300,000 and integral multiple of $100,000, (b) for LIBO Rate Loans a minimum amount of $5,000,000 and an integral multiple of $1,000,000, or (c) in the case of Base Rate Revolving Loans, in a minimum amount of $1,000,000 and an integral multiple of $500,000 or, in either case, in the unused amount of the applicable CommitmentRevolving Period Commitment Amount. Such request shall be made by delivering a Borrowing Request to the Agent on or before 11:00 a.m. U.S. Central time, (x) on the Business Day of such Borrowing in the case of a Base Rate Borrowing and (y) on a Business Day not less than three nor more than five Business Days in advance of a LIBO Rate Borrowing. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day Day, specified in such Borrowing Request. In the case of other than Swing Line Loans, on On or before 12:00 noon Noon (U.S. Central time) on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the Borrower by wire transfer to the accounts the Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.

Appears in 3 contracts

Sources: Credit Agreement (Vintage Petroleum Inc), Credit Agreement (Vintage Petroleum Inc), Credit Agreement (Vintage Petroleum Inc)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by By delivering a Borrowing Request to the Administrative Agent on or before 10:00 a.m. 12:00 noon (EST), on a Business Day, the Borrower may from time to time irrevocably request, on such Business Day the date of the requested Borrowing in the case of Base Rate Loans or and on not less than three Business Days’ notice and not nor more than five Business Days’ notice, in the case of LIBO Rate Loans denominated in Dollars, that a Borrowing be made, notice in the case of LIBO Rate Loans, that a Borrowing be made in a minimum amount of (i) $5,000,000 500,000 if such Loan is a LIBO Rate Loan or (ii) the lesser of the unused amount of the Revolving Commitments or $100,000, if such Loan is a Base Rate Loan and an integral multiple of $1,000,000100,000, in to the case of Base Rate Loans, in a minimum extent such additional amount of $1,000,000 and an integral multiple of $500,000 or, in either case, in the unused amount of the applicable Commitmentis permitted to be borrowed hereunder. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Revolving Loans, and shall be made on the Business Day Day, specified in such Borrowing Request. In the case of other than Swing Line Loans, on On or before 12:00 noon 2:00 p.m. (EST ) on such Business Day Day, each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the Borrower by wire transfer to the accounts the Borrower shall have specified in its Borrowing Request. No Lender’s obligation to make any Revolving Loan shall be affected by any other Lender’s failure to make any Revolving Loan.

Appears in 3 contracts

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

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by By delivering a Borrowing Request to the Administrative Agent on or before 10:00 11:00 a.m. (New York City, New York time) on a Business Day, the any Borrower may from time to time irrevocably request, , (a) on such Business Day (but in the case of Base Rate Loans or on not less than three Business Days’ notice and any event not more than five Business Days' notice, ) in the case of LIBO Rate Loans denominated ABR Loans, or (b) on not less than three (but in Dollars, any event not more than five) Business Days' notice in the case of Eurodollar Loans, (c) that a Borrowing be made, in the case of LIBO Rate ABR Loans, in a minimum amount of $1,000,000 and an integral multiple of $100,000, in the case of Eurodollar Loans, in a minimum amount of $5,000,000 and an integral multiple of $1,000,000, in the case of Base Rate Loans, in a minimum amount of $1,000,000 and an integral multiple of $500,000 100,000 or, in either case, in the unused amount of the applicable Commitment. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day specified in such Borrowing Request. In the case of other than Swing Line Loans, on On or before 12:00 noon 1:00 p.m. (New York City, New York time) on such Business Day Day, each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the such Borrower by wire transfer to the accounts the such Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.

Appears in 3 contracts

Sources: Credit Agreement (Dollar Thrifty Automotive Group Inc), Credit Agreement (Dollar Thrifty Automotive Group Inc), Amendment Agreement (Dollar Thrifty Automotive Group Inc)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by By delivering a Borrowing Request to the Administrative Agent on or before 10:00 a.m. 11:00 a.m., New York time, on a Business Day, the Borrower may from time to time irrevocably request, on such Business Day in the case of Base Rate Loans or on not less than three Business Days’ notice and not more than five two Business Days’ notice, in the case of LIBO Rate Loans denominated in Dollars, that a Borrowing be made, in the case of LIBO Rate Loans, made in a minimum amount of $5,000,000 10,000,000 and an integral a multiple of $1,000,000, in the case of Base Rate Loans, in a minimum amount of $1,000,000 and an integral multiple of $500,000 or, in either case, or in the unused amount of the applicable CommitmentCommitments. On the terms and subject to the conditions of this Agreement, each the Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day specified in such Borrowing Request. In the case of other than Swing Line LoansOn or before 11:00 a.m., New York time, on or before 12:00 noon on such the Business Day specified in the Borrowing Request, each Lender that has a Commitment to make the Loans being requested shall shall, without any set-off or counterclaim, deposit with the Administrative Agent same day funds in an amount equal to such Lender’s Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are so received from the Lenders, the Administrative Agent shall shall, without any set-off or counterclaim, make such funds available to the Borrower on the Business Day specified in the Borrowing Request by wire transfer of same day funds to the accounts the Borrower shall have specified in its Borrowing Request. No Lender’s obligation to make any a Loan shall be affected by any other Lender’s failure to make any a Loan.

Appears in 3 contracts

Sources: Credit Agreement (Royal Caribbean Cruises LTD), Credit Agreement (Royal Caribbean Cruises LTD), Credit Agreement (Royal Caribbean Cruises LTD)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by delivering a Borrowing Request to the Administrative Agent on or before 10:00 a.m. 12:00 noon (New York time) on a Business Day, a Borrower (or the Administrative Borrower on behalf of such Borrower) may from time to time irrevocably request, on such Business Day the same day as the proposed Borrowing in the case of Base Rate Loans Loans, or on not less than three Business Days' notice in the case of LIBO Rate Loans, and in either case not more than five Business Days' notice, in the case of LIBO Rate Loans denominated in Dollars, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 and an integral multiple of $1,000,000, in the case of Base Rate Loans, in a minimum amount of $1,000,000 5,000,000 and an integral multiple of $500,000 or, in either case, in the unused amount of the applicable Commitment. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day Day, specified in such Borrowing Request. In the case of LIBO Rate Loans, on or before 11:00 a.m. (New York time), and in the case of Base Rate Loans other than Swing Line Loans, on or before 12:00 noon 3:00 p.m. (New York time), on such specified Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the applicable Borrower by wire transfer to the accounts the such Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.

Appears in 2 contracts

Sources: Credit Agreement (Winn Dixie Stores Inc), Credit Agreement (Winn Dixie Stores Inc)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by delivering a Borrowing Request to the Administrative Agent on or before 10:00 a.m. 2:00 p.m., New York City time, on a Business Day, the Borrower may from time to time irrevocably request, on such not less than one Business Day Day's notice in the case of Base Rate Loans Loans, or on not less than three Business Days' notice in the case of LIBO Rate Loans, and in either case not more than five Business Days' notice, in the case of LIBO Rate Loans denominated in Dollars, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 and an integral multiple of $1,000,000500,000, in the case of Base Rate Loans, in a minimum amount of $1,000,000 5,000,000 and an integral multiple of $500,000 or, in either case, in the unused amount of the applicable Commitment, or, in the case of Refunded Swing Line Loans, the amount thereof. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day Day, specified in such Borrowing Request. In the case of other than Swing Line Loans, on or before 12:00 noon (New York City time) on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the Borrower by wire transfer to the accounts the Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.

Appears in 2 contracts

Sources: Credit Agreement (KSL Recreation Group Inc), Credit Agreement (KSL Recreation Group Inc)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by By delivering a Borrowing Request to the Administrative Agent on or before 10:00 a.m. a.m., New York time, on a Business Day, the Borrower may from time to time irrevocably request, on such not less than one Business Day Day's notice in the case of Base Rate Loans Loans, or on not less than three Business Days' notice in the case of LIBO Rate Loans, and in either case not more than five Business Days' notice, in the case of LIBO Rate Loans denominated in Dollars, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 2,000,000 and an in integral multiple of $1,000,000500,000, in the case of Base Rate Loans, in a minimum amount of $1,000,000 and an integral multiple of $500,000 100,000 or, in either case, in the unused amount of the applicable Commitment. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day Day, specified in such Borrowing Request. In the case of other than Swing Line Loans, on On or before 12:00 noon 11:00 a.m. (New York time) on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the Borrower by wire transfer to the accounts the Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.

Appears in 2 contracts

Sources: Credit Agreement (Stillwater Mining Co /De/), Credit Agreement (Stillwater Mining Co /De/)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by delivering a Borrowing Request to the Revolving Loan Administrative Agent or the Term Loan Administrative Agent, as applicable, on or before 10:00 a.m. 12:00 noon on a Business Day, the Borrower Borrowers may from time to time irrevocably request, on such Business Day the proposed date of the Borrowing in the case of Base Rate Loans Loans, or on not less than three Business Days’ notice and not more than five Business Days’ notice, in the case of LIBO Rate Loans denominated in Dollars, and in either case not more than five Business Days’ notice, or on no less than five Business Days’, and no more than ten Business Days’ notice in the case of Alternate Currency Loans, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 (or the Dollar Equivalent thereof) and an integral multiple of $1,000,0001,000,000 (or the Dollar Equivalent thereof), in the case of Base Rate Loans, in a minimum amount of $1,000,000 and an integral multiple of $500,000 100,000 or, in either case, in the unused amount of the applicable Commitment. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day and in the Currency specified in such Borrowing Request. In the case of other than Swing Line Loans, on or before 12:00 noon 11:00 a.m. on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the applicable Administrative Agent same day funds in an amount equal to such Lender’s Percentage of the requested Borrowing. Such deposit will be made to an the applicable account which the each Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the each Administrative Agent shall make such funds available to the applicable Borrower by wire transfer to the accounts the account such Borrower shall have specified in its Borrowing Request. No Lender’s obligation to make any Loan shall be affected by any other Lender’s failure to make any Loan.

Appears in 2 contracts

Sources: Credit Agreement (Ferro Corp), Credit Agreement (Ferro Corp)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by delivering a Borrowing Request to the Administrative Agent on or before 10:00 a.m. 12:00 noon on a Business Day, the each Borrower may from time to time irrevocably request, on such not less than one Business Day Day's notice in the case of Base Rate Loans Loans, or on not less than three Business Days' notice in the case of LIBO Rate Loans, and in either case not more than five Business Days' notice, in the case of LIBO Rate Loans denominated in Dollars, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 2,000,000 and an integral multiple of $1,000,000, in the case of Base Rate Loans, in a minimum amount of $1,000,000 and an integral multiple of $500,000 or, in either case, in the unused amount of the applicable Commitment; provided, however, that all of the initial Loans shall be made as Base Rate Loans. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day Day, specified in such Borrowing Request. In the case of Loans other than Swing Line Loans, on or before 12:00 noon 1:00 p.m. on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the applicable Borrower by wire transfer to the accounts the such Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.

Appears in 2 contracts

Sources: Credit Agreement (World Almanac Education Group Inc), Credit Agreement (WRC Media Inc)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by delivering a Borrowing Request to the Administrative Agent on or before 10:00 a.m. 12:00 p.m. on a Business Day, the Borrower Borrowers may from time to time irrevocably request, on such not less than one Business Day Day's notice in the case of Base Rate Loans Loans, or on not less than three Business Days' notice in the case of LIBO Rate Loans, and in either case not more than five Business Days' notice, in the case of LIBO Rate Loans denominated in Dollars, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 and an integral multiple of $1,000,000, in the case of Base Rate Loans, in a minimum amount of $1,000,000 and an integral multiple of $500,000 or, in either case, in the unused amount of the applicable Commitment. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day Day, specified in such Borrowing Request. In the case of Loans other than Swing Line Loans, on or before 12:00 noon 10:00 a.m. on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the applicable Borrower by wire transfer to the accounts the such Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.. Notwithstanding the foregoing, any Borrowing Request with respect to any Loan required to be delivered prior to the Closing Date may be delivered by Acquisition Co.

Appears in 2 contracts

Sources: Credit Agreement (Swift Transportation Co Inc), Credit Agreement (Swift Transportation Co Inc)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by By delivering a Borrowing Request to the Administrative Agent on or before 10:00 a.m. a.m., Chicago time, on a Business Day, the Borrower may from time to time irrevocably request, on such Business Day notice on the date of the requested Borrowing in the case of Base Rate Loans or and on not less than three Business Days’ notice and not nor more than five Business Days’ notice, in the case of LIBO Rate Loans denominated in Dollars, that a Borrowing be made, ' notice in the case of LIBO Rate Loans, that a Borrowing be made in a minimum amount of (i) $5,000,000 500,000 if such Loan is a LIBO Rate Loan or (ii) the lesser of the unused amount of the Revolving Commitments or $100,000, if such Loan is a Base Rate Loan and an integral multiple of $1,000,000100,000, in to the case of Base Rate Loans, in a minimum extent such additional amount of $1,000,000 and an integral multiple of $500,000 or, in either case, in the unused amount of the applicable Commitmentis permitted to be borrowed hereunder. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day Day, specified in such Borrowing Request. In the case of other than Swing Line Loans, on On or before 12:00 noon 1:00 p.m. (Chicago time) on such Business Day Day, each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the Borrower by wire transfer to the accounts the Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.

Appears in 2 contracts

Sources: Credit Agreement (Novamed Eyecare Inc), Credit Agreement (Novamed Eyecare Inc)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by delivering a Borrowing Request to the Administrative Agent on or before 10:00 a.m. on a Business Day, the Borrower Borrowers may from time to time irrevocably request, on such not less than one Business Day Day’s notice in the case of Base Rate Loans Loans, or on not less than three Business Days’ notice in the case of LIBO Rate Loans, and in either case not more than five Business Days’ notice, in the case of LIBO Rate Loans denominated in Dollars, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 1,000,000 and an integral multiple of $1,000,000500,000, in the case of Base Rate Loans, in a minimum amount of $1,000,000 and an integral multiple of $500,000 or, in either case, in the unused amount of the applicable Commitment; provided that, all of the Loans made on the Closing Date shall be made as Base Rate Loans. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day Day, specified in such Borrowing Request. In the case of other than Swing Line Loans, on or before 12:00 noon 11:00 a.m. on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the Borrower Borrowers by wire transfer to the accounts the Borrower Borrowers shall have specified in its Borrowing Request. No Lender’s obligation to make any Loan shall be affected by any other Lender’s failure to make any Loan.

Appears in 2 contracts

Sources: Credit Agreement (Sabre Industries, Inc.), Credit Agreement (Sabre Industries, Inc.)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by delivering a Borrowing Request to the Administrative Agent on or before 10:00 a.m. on a Business Day, the Parent Borrower may from time to time irrevocably request, on such Business Day in the case of Base Rate Loans or on not less than three Business Days’ notice and not more than five Business Days’ notice, in the case of LIBO Rate Loans denominated in DollarsDollars or EURIBOR Rate Loans, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 and an integral multiple of $1,000,000, in the case of Base Rate Loans, in a minimum amount of $1,000,000 and an integral multiple of $500,000 or, in either case, in the unused amount of the applicable CommitmentCommitment and, in the case of EURIBOR Rate Loans, in a minimum amount of €5,000,000 and an integral multiple of €1,000,000. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day specified in such Borrowing Request. In the case of Loans other than Swing Line Loans, on or before 12:00 noon on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the Parent Borrower by wire transfer to the accounts the Parent Borrower shall have specified in its Borrowing Request. No Lender’s obligation to make any Loan shall be affected by any other Lender’s failure to make any Loan.

Appears in 1 contract

Sources: Credit Agreement (Hanesbrands Inc.)

Borrowing Procedure. In The Borrower may from time to time irrevocably request that a Borrowing be made in (a) for Base Rate Loans, a minimum amount of $500,000 and integral multiple of $100,000, (b) for LIBO Rate Loans a minimum amount of $500,000 and an integral multiple of $500,000, or (c) in the case of Loans (other than Swing Line any Loans), in the unused amount of the Revolving Period Commitment Amount. Such request shall be made by delivering a Borrowing Request to the Administrative Agent on or before 10:00 a.m. on a Business Day, at the Borrower may from time to time irrevocably request, on such Business Day specified in the case definition of Base Rate Loans or on not less than three Business Days’ notice and not more than five Business Days’ notice, in the case of LIBO Rate Loans denominated in Dollars, that a "Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 and an integral multiple of $1,000,000, in the case of Base Rate Loans, in a minimum amount of $1,000,000 and an integral multiple of $500,000 or, in either case, in the unused amount of the applicable Commitment. Request." On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day Day, specified in such Borrowing Request. In the case of other than Swing Line Loans, on On or before 12:00 noon Noon (Chicago, Illinois time) on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage Share of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the Borrower by wire transfer to the accounts account(s) the Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.

Appears in 1 contract

Sources: Credit Agreement (KCS Energy Inc)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by By delivering a Borrowing Request to the Administrative Agent on or before 10:00 a.m. 10:30 a.m., New York time, on a Business Day, the Borrower may from time to time irrevocably request, on such not less than one Business Day Day's notice in the case of Base Rate Loans Loans, or on not less than three Business Days' notice in the case of LIBO Rate Loans, and in either case not more than five Business Days' notice, in the case of LIBO Rate Loans denominated in Dollars, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 2,500,000 and an integral multiple of $1,000,000500,000, in the case of Base Rate Loans, in a minimum amount of $1,000,000 2,500,000 and an integral multiple of $500,000 or, in either case, in the unused amount of the applicable Commitment; provided, however, that all initial Loans shall be made as Base Rate Loans. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day Day, specified in such Borrowing Request. In the case of other than Swing Line Loans, on On or before 12:00 noon noon, New York time, on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the Borrower by wire transfer to the accounts the Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.

Appears in 1 contract

Sources: Credit Agreement (United Auto Group Inc)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by delivering a Borrowing Request to the Administrative Agent on or before 10:00 a.m. on a Business Day, the The Borrower may from time to time ------------------- irrevocably request, on such Business Day in the case of Base Rate Loans or on not less than three Business Days’ notice and not more than five Business Days’ notice, in the case of LIBO Rate Loans denominated in Dollars, request that a Borrowing be made, made in the case of LIBO (a) for Base Rate Loans, in a minimum amount of $300,000 and integral multiple of $100,000, (b) for LIBO Rate Loans a minimum amount of $5,000,000 and an integral multiple of $1,000,000, or (c) in the case of Base Rate Revolving Loans, in a minimum amount of $1,000,000 and an integral multiple of $500,000 or, in either case, in the unused amount of the applicable CommitmentRevolving Period Commitment Amount. Such request shall be made by delivering a Borrowing Request to the Agent on or before 11:00 a.m. U.S. Central time, (x) on the Business Day of such Borrowing in the case of a Base Rate Borrowing and (y) on a Business Day not less than three nor more than five Business Days in advance of a LIBO Rate Borrowing. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day Day, specified in such Borrowing Request. In the case of other than Swing Line Loans, on On or before 12:00 noon Noon (U.S. Central time) on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the Borrower by wire transfer to the accounts the Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.

Appears in 1 contract

Sources: Credit Agreement (Vintage Petroleum Inc)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by By delivering a Borrowing Request to the Administrative Agent on or before 10:00 a.m. 1:00 p.m., Chicago time, on a Business Day, the Borrower may from time to time irrevocably request, on such Business Day in the case of Base Rate Loans or on not less than three Business Days’ notice and not nor more than five Business Days’ notice, ' notice in the case of LIBO Rate Loans denominated in Dollars, that a Borrowing be made, in the case of LIBO Eurodollar Rate Loans, in a minimum amount of $5,000,000 and an integral multiple of $1,000,000, on not less than one nor more than five Business Days' notice in the case of Base Rate Loans, that a Borrowing be made in a minimum amount of $3,000,000 in the case of Eurodollar Rate Loans, and in a minimum amount of $1,000,000 in the case of Base Rate Loans, and in both instances in an integral multiple of $500,000 or100,000, in either case, or in the unused amount of the applicable Commitment. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day Day, specified in such Borrowing Request. In Each Borrowing Request must be signed by an Authorized Officer of the case of other than Swing Line Loans, on Borrower. On or before 12:00 noon 2:00 p.m. (Chicago time) on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the Borrower by wire transfer to the accounts the Borrower shall have specified in its the applicable Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan. Swing Loans shall not be subject to this SECTION 2.3.

Appears in 1 contract

Sources: Credit Agreement (Cornerstone Propane Partners Lp)

Borrowing Procedure. In The Borrower shall deliver a Loan Request and the case of Loans (other than Swing Line Loans), by delivering a Borrowing Request documents required to be delivered pursuant to Section 5.1.1(a) to the Administrative Agent on or before 10:00 a.m. on a Business Day11:00 a.m., the Borrower may from time to time irrevocably requestLondon time, on such Business Day in the case of Base Rate Loans or on not less than three two (2) Business Days’ notice and not more than five Business Days’ notice, Days in the case of LIBO Rate Loans denominated in Dollars, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 and an integral multiple of $1,000,000, in the case of Base Rate Loans, in a minimum amount of $1,000,000 and an integral multiple of $500,000 or, in either case, in the unused amount advance of the applicable Commitmentdate that is two (2) Business Days prior to the delivery of the Vessel. The Administrative (NY) 18002/039/SOLSTICE2/solstice.2.loan.agt.doc Agent shall promptly notify each Lender of any Loan Request by forwarding a copy thereof to each Lender, together with its attachments. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and Loan shall be made on the Business Day specified in such Borrowing Loan Request. In the case of other than Swing Line LoansOn or before 11:00 a.m., New York time, on or before 12:00 noon on such the Business Day each Lender that has a Commitment to make specified in such Loan Request, the Loans being requested shall Lenders shall, without any setoff or counterclaim, deposit with the Administrative Agent same day funds in an amount equal to such Lender’s Percentage of the requested BorrowingLoan. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are so received from the Lenders, the Administrative Agent shall shall, without any set-off or counterclaim, make such funds available to the Borrower on the Business Day specified in the Loan Request by wire transfer of same day funds to the account or accounts the Borrower shall have specified in its Borrowing Loan Request. No Lender’s obligation to make any Loan shall be affected by any other Lender’s failure to make any Loan.

Appears in 1 contract

Sources: Credit Agreement (Royal Caribbean Cruises LTD)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by delivering a Borrowing Request telephonic notice to the Administrative Agent on or before 10:00 a.m. 12:00 noon on a Business Day (followed (within one Business Day) by the delivery of a confirming Borrowing Request), the Borrower may from time to time irrevocably request, on such the same Business Day in the case of Base Rate Loans or on not less than three Business Days' notice in the case of LIBO Rate Loans, and in either case not more than five Business Days' notice, in the case of LIBO Rate Loans denominated in Dollars, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 2,000,000 and an integral multiple of $1,000,000, or in the case of Base Rate Loans, in a minimum amount of $1,000,000 and an integral multiple of $500,000 or, in either case, in the unused amount of the applicable Commitment; provided that all of the initial Revolving Loans shall be made as Base Rate Loans and may not be converted into LIBO Rate Loans until the date that is one week following the Closing Date. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day Day, specified in such Borrowing Request. In the case of Loans other than Swing Line Loans, on or before 12:00 noon 3:00 p.m. on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the Borrower by wire transfer to the accounts the Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.

Appears in 1 contract

Sources: Credit Agreement (Southern Bottled Water Co Inc)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by By delivering a Borrowing Request to the Administrative Agent on or before 10:00 a.m. a.m., Chicago time, on a Business Day, the Borrower may from time to time irrevocably request, on such Business Day notice on the date of the requested Borrowing in the case of Base Rate Loans or and on not less than three Business Days’ notice and not nor more than five Business Days’ notice, in the case of LIBO Rate Loans denominated in Dollars, that a Borrowing be made, notice in the case of LIBO Rate Loans, that a Borrowing be made in a minimum amount of (i) $5,000,000 500,000 if such Loan is a LIBO Rate Loan or (ii) the lesser of the unused amount of the Revolving Commitments or $100,000, if such Loan is a Base Rate Loan and an integral multiple of $1,000,000100,000, in to the case of Base Rate Loans, in a minimum extent such additional amount of $1,000,000 and an integral multiple of $500,000 or, in either case, in the unused amount of the applicable Commitmentis permitted to be borrowed hereunder. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day Day, specified in such Borrowing Request. In the case of other than Swing Line Loans, on On or before 12:00 noon 1:00 p.m. (Chicago time) on such Business Day Day, each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the Borrower by wire transfer to the accounts the Borrower shall have specified in its Borrowing Request. No Lender’s obligation to make any Loan shall be affected by any other Lender’s failure to make any Loan.

Appears in 1 contract

Sources: Credit Agreement (Novamed Inc)

Borrowing Procedure. In The Borrower shall deliver a Loan Request and the case of Loans (other than Swing Line Loans), by delivering a Borrowing Request documents required to be delivered pursuant to Section 5.1.1(a) to the Administrative Agent on or before 10:00 a.m. on a Business Day11:00 a.m., the Borrower may from time to time irrevocably requestLondon time, on such Business Day in the case of Base Rate Loans or on not less than three two (2) Business Days’ notice and not more than five Business Days’ notice, Days in the case of LIBO Rate Loans denominated in Dollars, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 and an integral multiple of $1,000,000, in the case of Base Rate Loans, in a minimum amount of $1,000,000 and an integral multiple of $500,000 or, in either case, in the unused amount advance of the applicable Commitmentdate that is two (2) Business Days prior to the delivery of the Vessel. The Administrative (NY) 18002/039/▇▇▇▇.▇▇▇.▇▇▇▇/hull.677.loan.agt.doc Agent shall promptly notify each Lender of any Loan Request by forwarding a copy thereof to each Lender, together with its attachments. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and Loan shall be made on the Business Day specified in such Borrowing Loan Request. In the case of other than Swing Line LoansOn or before 11:00 a.m., New York time, on or before 12:00 noon on such the Business Day each Lender that has a Commitment to make specified in such Loan Request, the Loans being requested shall Lenders shall, without any setoff or counterclaim, deposit with the Administrative Agent same day funds in an amount equal to such Lender’s Percentage of the requested BorrowingLoan. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are so received from the Lenders, the Administrative Agent shall shall, without any set-off or counterclaim, make such funds available to the Borrower on the Business Day specified in the Loan Request by wire transfer of same day funds to the account or accounts the Borrower shall have specified in its Borrowing Loan Request. No Lender’s obligation to make any Loan shall be affected by any other Lender’s failure to make any Loan.

Appears in 1 contract

Sources: Credit Agreement (Royal Caribbean Cruises LTD)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by delivering a Borrowing Request to the Administrative Agent on or before 10:00 a.m. 12:00 noon on a Business Day, the each Borrower may from time to time irrevocably request, on such not less than one Business Day Day's notice in the case of Base Rate Loans Loans, or on not less than three Business Days' notice in the case of LIBO Rate Loans, and in either case not more than five Business Days' notice, in the case of LIBO Rate Loans denominated in Dollars, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 2,000,000 and an integral multiple of $1,000,000, in the case of Base Rate Loans, in a minimum amount of $1,000,000 and an integral multiple of $500,000 or, in either case, in the unused amount of the applicable Commitment; provided, however, that all of the initial Loans shall be made as Base Rate Loans. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day Day, specified in such Borrowing Request. In the case of Loans other than Swing Line Loans, on or before 12:00 noon 1:00 p.m. on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s 's RL Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the applicable Borrower by wire transfer to the accounts the such Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.

Appears in 1 contract

Sources: Credit Agreement (WRC Media Inc)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by delivering a Borrowing Request to the Administrative Agent on or before 10:00 a.m. on a Business Day, the The Borrower may from time to time ------------------- irrevocably request, on such Business Day in the case of Base Rate Loans or on not less than three Business Days’ notice and not more than five Business Days’ notice, in the case of LIBO Rate Loans denominated in Dollars, request that a Borrowing be made, made in the case of LIBO (a) for Base Rate Loans, in a minimum amount of $300,000 and integral multiple of $100,000, (b) for LIBO Rate Loans a minimum amount of $5,000,000 and an integral multiple of $1,000,000, or (c) in the case of Base Rate Revolving Loans, in a minimum amount of $1,000,000 and an integral multiple of $500,000 or, in either case, in the unused amount of the applicable CommitmentRevolving Loan Commitment Amount. Such request shall be made by delivering a Borrowing Request to the Agent on or before 11:00 a.m. U.S. Central time, (x) on the Business Day of such Borrowing in the case of a Base Rate Borrowing and (y) on a Business Day not less than three nor more than five Business Days in advance of a LIBO Rate Borrowing. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day Day, specified in such Borrowing Request. In the case of other than Swing Line Loans, on On or before 12:00 noon Noon (U.S. Central time) on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the Borrower by wire transfer to the accounts the Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.

Appears in 1 contract

Sources: Credit Agreement (Vintage Petroleum Inc)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by By delivering a Borrowing Request to ------------------- the Administrative Agent on or before 10:00 a.m. a.m., Chicago time, on a Business Day, the Borrower may from time to time irrevocably request, on such Business Day notice on the date of the requested Borrowing in the case of Base Rate Loans or and on not less than three Business Days’ notice and not nor more than five Business Days’ notice, in the case of LIBO Rate Loans denominated in Dollars, that a Borrowing be made, ' notice in the case of LIBO Rate Loans, that a Borrowing be made in a minimum amount of (i) $5,000,000 500,000 if such Loan is a LIBO Rate Loan or (ii) the lesser of the unused amount of the Revolving Commitments or $100,000, if such Loan is a Base Rate Loan and an integral multiple of $1,000,00050,000, in to the case of Base Rate Loans, in a minimum extent such additional amount of $1,000,000 and an integral multiple of $500,000 or, in either case, in the unused amount of the applicable Commitmentis permitted to be borrowed hereunder. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day Day, specified in such Borrowing Request. In the case of other than Swing Line Loans, on On or before 12:00 noon 11:00 a.m. (Chicago time) on such Business Day Day, each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the Borrower by wire transfer to the accounts the Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.

Appears in 1 contract

Sources: Credit Agreement (Novamed Eyecare Inc)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by By delivering a Borrowing Request to the Administrative Agent on or before 10:00 a.m. 12:00 p.m. on a Business Day, the Borrower may from time to time irrevocably request, on such that same Business Day in the case of Base Rate Loans Loans, or on not less than three Business Days’ notice in the case of LIBO Rate Loans, and in either case not more than five Business Days’ notice, in the case of LIBO Rate Loans denominated in Dollars, that a Borrowing be made, (x) in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 1,000,000 and an integral multiple of $1,000,000500,000, (y) in the case of Base Rate Loans, in a minimum amount of $1,000,000 and an integral multiple of $500,000 or, or (z) in either case, in the unused amount of the applicable Commitment; provided, however, that all of the Loans made on the Effective Date shall be made as Base Rate Loans. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day Day, specified in such Borrowing Request. In the case of other than Swing Line Loans, on On or before 12:00 noon 1:00 p.m. on such Business Day Day, each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the Borrower by wire transfer to the accounts the Borrower shall have specified in its Borrowing Request. No Lender’s obligation to make any Loan Loans shall be affected by any other Lender’s failure to make any LoanLoans.

Appears in 1 contract

Sources: Credit Agreement (Hecla Mining Co/De/)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by By delivering a Borrowing Request to the Administrative Agent on or before 10:00 11:00 a.m. (New York City, New York time) on a Business Day, the any Borrower may from time to time irrevocably request, , (a) on such Business Day (but in the case of Base Rate Loans or on not less than three Business Days’ notice and any event not more than five Business Days' notice, ) in the case of LIBO Rate Loans denominated ABR Loans, or (b) on not less than three (but in Dollars, any event not more than five) Business Days' notice in the case of Eurodollar Loans, (c) that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 and an integral multiple of $1,000,000, in the case of Base Rate ABR Loans, in a minimum amount of $1,000,000 and an integral multiple of $500,000 100,000, in the case of Eurodollar Loans, in a 44 minimum amount of $5,000,000 and an integral multiple of $100,000 or, in either case, in the unused amount of the applicable Commitment. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day specified in such Borrowing Request. In the case of other than Swing Line Loans, on On or before 12:00 noon 1:00 p.m. (New York City, New York time) on such Business Day Day, each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the such Borrower by wire transfer to the accounts the such Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.

Appears in 1 contract

Sources: Credit Agreement (Dollar Thrifty Automotive Group Inc)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by By delivering a Borrowing Request to the Administrative Agent on or before 10:00 a.m. a.m., Central time, on a Business Day, the Borrower may from time to time irrevocably request, on such Business Day in the case of Base Rate Loans or request (a) on not less than three Business Days’ notice and not nor more than five Business Days' 27 notice, in the case of a LIBO Rate Loans denominated in DollarsLoan, that or (b) on not less than the same day or more than five Business Days' notice, a Borrowing be made, in the case of LIBO Base Rate LoansLoan, in a minimum amount of $5,000,000 500,000, and an greater integral multiple multiples of $1,000,000500,000, in the case of Base Rate Loans, in a minimum amount of $1,000,000 and an integral multiple of $500,000 or, in either case, or in the unused amount of the applicable Commitment, if less. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day specified in such Borrowing Request. In the case of other than Swing Line LoansOn or before 11:00 a.m., Central time, on or before 12:00 noon on such specified Business Day Day, each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the Borrower by wire transfer to the accounts the Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.

Appears in 1 contract

Sources: Credit Agreement (Markwest Hydrocarbon Inc)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by By delivering a Borrowing Request to the Administrative ------------------- Agent on or before 10:00 a.m. a.m., Chicago time, on a Business Day, the Borrower may from time to time irrevocably request, on such Business Day notice on the date of the requested Borrowing in the case of Base Rate Loans or and on not less than three Business Days’ notice and not nor more than five Business Days’ notice, in the case of LIBO Rate Loans denominated in Dollars, that a Borrowing be made, ' notice in the case of LIBO Rate Loans, that a Borrowing be made in a minimum amount of (i) $5,000,000 500,000 if such Loan is a LIBO Rate Loan or (ii) the lesser of the unused amount of the Revolving Commitments or $100,000, if such Loan is a Base Rate Loan and an integral multiple of $1,000,000100,000, in to the case of Base Rate Loans, in a minimum extent such additional amount of $1,000,000 and an integral multiple of $500,000 or, in either case, in the unused amount of the applicable Commitmentis permitted to be borrowed hereunder. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day Day, specified in such Borrowing Request. In the case of other than Swing Line Loans, on On or before 12:00 noon 1:00 p.m. (Chicago time) on such Business Day Day, each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the Borrower by wire transfer to the accounts the Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.

Appears in 1 contract

Sources: Credit Agreement (Novamed Eyecare Inc)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by By delivering a Borrowing Request to the Administrative Agent on or before 10:00 a.m. a.m., Central time, on a Business Day, the Borrower may from time to time irrevocably request, on such Business Day in the case of Base Rate Loans or (i) on not less than three Business Days’ notice and not nor more than five Business Days' notice, in the case of a LIBO Rate Loans denominated in DollarsLoan or (ii) on not less than the same day or more than five Business Days' notice, that a Borrowing be made, in the case of LIBO Base Rate LoansLoan, in a minimum amount of $5,000,000 500,000 and an integral multiple of $1,000,000500,000, in the case of Base Rate Loans, in a minimum amount of $1,000,000 and an integral multiple of $500,000 or, in either case, or in the unused amount of the applicable Commitment, if less. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day specified in such Borrowing Request. In the case of other than Swing Line LoansOn or before 11:00 a.m., Central time, on or before 12:00 noon on such specified Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the Borrower by wire transfer to the accounts the Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.

Appears in 1 contract

Sources: Credit Agreement (Markwest Hydrocarbon Inc)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans and Other Currency Swing Line Loans), by delivering a Borrowing Request to the Administrative Agent on or before 10:00 11:00 a.m. (which shall be London time, in the case of Other Currency Loans) on a Business Day, the any Borrower may from time to time irrevocably request, (a) on such the same Business Day Day’s notice in the case of Base Rate Loans or Loans, (b) on not less than at least three Business Days’ notice and not more than five Business Days’ notice, in the case of LIBO Rate Loans denominated in DollarsDollars and (c) on at least four Business Days notice in the case of LIBO Rate Loans denominated in any Other Currency, and in any such case not more than five Business Days’ notice, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of the Dollar Equivalent of $5,000,000 10,000,000 and an integral multiple of the Dollar Equivalent of $1,000,000, in the case of Base Rate Loans, in a minimum amount of the Dollar Equivalent of $1,000,000 5,000,000 and an integral multiple of the Dollar Equivalent of $500,000 or, in either case, in the unused amount of the applicable $$/BREAK/$$END Commitment. .On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of the Loans, and shall be made on the Business Day Day, specified in such Borrowing Request. In the case of (x) Loans (other than Swing Line Loans) denominated in Dollars, on or before 12:00 noon 2:00 p.m. on such Business Day and (y) Loans (other than Other Currency Swing Line Loans) denominated in an Other Currency, by such time as the Administrative Agent may determine to be necessary for such funds to be credited on such date in accordance with normal banking practices in the place of payment, each Lender that has a Commitment to make the Loans being requested (other than Participating Lenders, whose Other Currency Loans shall be made by the Administrative Agent in accordance with Section 2.3.3) shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the Borrower requesting such funds by wire transfer to the accounts the such Borrower shall have specified in its Borrowing Request. No Lender’s obligation to make any Loan shall be affected by any other Lender’s failure to make any Loan. The Dollar Equivalent of any Loan denominated in any Other Currency shall be determined in accordance with Section 2.9.

Appears in 1 contract

Sources: Credit Agreement (Chesapeake Corp /Va/)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by By delivering a Borrowing Request to ------------------- the Administrative Agent on or before 10:00 a.m. a.m., Chicago time, on a Business Day, the Borrower may from time to time irrevocably request, on such Business Day notice on the date of the requested Borrowing in the case of Base Rate Loans or and on not less than three Business Days’ notice and not nor more than five Business Days’ notice, in the case of LIBO Rate Loans denominated in Dollars, that a Borrowing be made, ' notice in the case of LIBO Rate Loans, that a Borrowing be made in a minimum amount of (i) $5,000,000 500,000 if such Loan is a LIBO Rate Loan or (ii) the lesser of the unused amount of the Revolving Commitments or $100,000, if such Loan is a Base Rate Loan and an integral multiple of $1,000,000100,000, in to the case of Base Rate Loans, in a minimum extent such additional amount of $1,000,000 and an integral multiple of $500,000 or, in either case, in the unused amount of the applicable Commitmentis permitted to be borrowed hereunder. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day Day, specified in such Borrowing Request. In the case of other than Swing Line Loans, on On or before 12:00 noon 1:00 p.m. (Chicago time) on such Business Day Day, each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the Borrower by wire transfer to the accounts the Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.

Appears in 1 contract

Sources: Credit Agreement (Novamed Eyecare Inc)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by delivering a Borrowing Request to the Administrative Agent on or before 10:00 11:00 a.m. (which shall be London time, in the case of Other Currency Loans) on a Business Day, the any Borrower may from time to time irrevocably request, (a) on such the same Business Day Day's notice in the case of Base Rate Loans or Loans, (b) on not less than at least three Business Days' notice and not more than five Business Days’ notice, in the case of LIBO Rate Loans denominated in DollarsDollars and (c) on at least four Business Days notice in the case of LIBO Rate Loans denominated in any Other Currency, and in either case not more than five Business Days' notice, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of the Dollar Equivalent of $5,000,000 10,000,000 and an integral multiple of the Dollar Equivalent of $1,000,000, in the case of Base Rate Loans, in a minimum amount of the Dollar Equivalent of $1,000,000 5,000,000 and an integral multiple of the Dollar Equivalent of $500,000 or, in either case, in the unused amount of the applicable Commitment. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of the Loans, and shall be made on the Business Day Day, specified in such Borrowing Request. In the case of (x) other than Swing Line LoansLoans denominated in Dollars, on or before 12:00 noon 2:00 p.m. on such Business Day and (y) other than Swing Line Loans denominated in an Other Currency, by such time as the Administrative Agent may determine to be necessary for such funds to be credited on such date in accordance with normal banking practices in the place of payment, each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the Borrower requesting such funds by wire transfer to the accounts the such Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan. The Dollar Equivalent of any Loan denominated in any Other Currency shall be determined in accordance with Section 2.9.

Appears in 1 contract

Sources: Credit Agreement (Chesapeake Corp /Va/)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by delivering a Borrowing Request to the Administrative Agent on or before 10:00 a.m. on a Business Day, the Parent Borrower may from time to time irrevocably request, on such Business Day in the case of Base Rate Loans or on not less than three Business Days’ notice and not more than five Business Days’ notice, in the case of LIBO Rate Loans denominated in DollarsDollars or EURIBOR Rate Loans, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 and an integral multiple of $1,000,000, in the case of Base Rate Loans, in a minimum amount of $1,000,000 and an integral multiple of $500,000 or, in either case, in the unused amount of the applicable CommitmentCommitment and, in the case of EURIBOR Rate Loans, in a minimum amount of €5,000,000 and an integral multiple of €1,000,000. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day specified in such Borrowing Request. In the case of other than Swing Line Loans, on or before 12:00 noon on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the Parent Borrower by wire transfer to the accounts the Parent Borrower shall have specified in its Borrowing Request. No Lender’s obligation to make any Loan shall be affected by any other Lender’s failure to make any Loan.

Appears in 1 contract

Sources: Credit Agreement (Hanesbrands Inc.)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by By delivering a Borrowing Request to the Administrative Agent on or before 10:00 a.m. 12:00 noon, New York time, on a Business Day, the a Borrower may from time to time irrevocably request, on such Business Day not less than two, in the case of Base Rate Loans Loans, or on not less than three Business Days’ notice and not more than five Business Days’ notice, in the case of LIBO Rate Loans denominated in Dollars, that a Borrowing be madethree, in the case of LIBO Rate Loans, nor (in either case), more than five Business Days' notice, that a Borrowing be made in a minimum amount of $5,000,000 and an integral multiple of $1,000,000, in the case of Base Rate Loans, in a minimum amount of $1,000,000 and an integral multiple of $500,000 or, in either case, or in the unused amount of the applicable CommitmentCommitments. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day Day, specified in such Borrowing Request. In the case of other than Swing Line Loans, on On or before 12:00 noon 11:00 a.m., New York time, on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the applicable Borrower by wire transfer of immediately available funds on the same Business Day to the accounts the applicable Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.

Appears in 1 contract

Sources: Revolving Credit Agreement (Sun International Hotels LTD)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by By delivering a Borrowing Request to the Administrative Agent on or before 10:00 a.m. a.m., New York time (in the case of Base Rate Loan) or 12:00 noon (in the case of a LIBO Rate Loan), on a Business Day, the each Borrower may from time to time irrevocably request, request on such Business Day in the case of Base Rate Loans Loans, or on not less than three Business Days' notice in the case of LIBO Rate Loans, and in either case not more than five Business Days' notice, in the case of LIBO Rate Loans denominated in Dollars, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 and an integral multiple of $1,000,000, in the case of Base Rate Loans, in a minimum amount of $1,000,000 3,000,000 and an integral multiple of $500,000 1,000,000 or, in either case, in the unused amount of the applicable Commitment. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day Day, specified in such Borrowing Request. In the case of other than Swing Line Loans, on On or before 12:00 noon noon, New York time (or, if later, two hours following the Administrative Agent's providing of notice to such Lender of such Borrowing Request), on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the applicable Borrower by wire transfer to the accounts the such Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.

Appears in 1 contract

Sources: Credit Agreement (Adelphia Communications Corp)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by delivering a Borrowing Request to the Administrative Agent on or before 10:00 a.m. before12:00 noon (New York time) on a Business Day, the Borrower may from time to time irrevocably request, on such Business Day the same day as the proposed Borrowing in the case of Base Rate Loans Loans, or on not less than three Business Days' notice in the case of LIBO Rate Loans, and in either case not more than five Business Days' notice, in the case of LIBO Rate Loans denominated in Dollars, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 and an integral multiple of $1,000,000, in the case of Base Rate Loans, in a minimum amount of $1,000,000 5,000,000 and an integral multiple of $500,000 or, in either case, in the unused amount of the applicable Commitment. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day Day, specified in such Borrowing Request. In the case of LIBO Rate Loans, on or before 11:00 a.m.(New York time), and in the case of Base Rate Loans other than Swing Line Loans, on or before 12:00 noon 3:00 p.m. (New York time), on such specified Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the Borrower by wire transfer to the accounts the Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan."

Appears in 1 contract

Sources: Credit Agreement (Winn Dixie Stores Inc)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by By delivering a Borrowing Request to the Administrative Agent on or before 10:00 a.m. (Dallas time) on a Business Day, the Borrower may from time to time irrevocably request, on (i) such Business Day Day, in the case of Base Rate Loans or on and (ii) not less than three Business Days’ notice and not (3) nor more than five (5) Business Days’ notice, in the case of LIBO Rate Loans denominated in Dollars, that a Borrowing be made, ' notice in the case of LIBO Rate Loans, in that a minimum amount of $5,000,000 and an integral multiple of $1,000,000, in the case of Base Rate Loans, Borrowing be made in a minimum amount of $1,000,000 and an integral multiple of $500,000 or500,000, in either case, or in the unused amount of the applicable CommitmentCommitment Amount. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, Loans and shall be made on the Business Day specified in such Borrowing Request. In the case of other than Swing Line Loans, on On or before 12:00 noon 1:00 p.m. (Dallas time) on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the Borrower by wire transfer to the accounts the Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.

Appears in 1 contract

Sources: Credit Agreement (Bargo Energy Co)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by delivering a Borrowing Request to the Administrative Agent on or before 10:00 a.m. 12:00 noon, New York time, on a Business Day, the Borrower may from time to time irrevocably request, on such not less than one Business Day Day's notice in the case of Base Rate Loans Loans, or on not less than three Business Days' notice in the case of LIBO Rate Loans, and in either case not more than five Business Days' notice, in the case of LIBO Rate Loans denominated in Dollars, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 500,000 and an integral multiple of $1,000,000500,000, in the case of Base Rate Loans, in a minimum amount of $1,000,000 500,000 and an integral multiple of $500,000 100,000 or, in either case, in the unused amount of the applicable Commitment. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day Day, specified in such Borrowing Request. In the case of other than Swing Line Loans, on or before 12:00 noon 1:00 p.m. (New York City time) on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the Borrower by wire transfer to the accounts the Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.

Appears in 1 contract

Sources: Credit Agreement (Titan Corp)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by By delivering a Borrowing Request to the Administrative Agent on or before 10:00 a.m. a.m., New York time (in the case of Base Rate Loan) or 12:00 noon (in the case of a LIBO Rate Loan), on a Business Day, the Borrower may from time to time irrevocably request, request on such Business Day in the case of Base Rate Loans Loans, or on not less than three Business Days' notice in the case of LIBO Rate Loans, and in either case not more than five Business Days' notice, in the case of LIBO Rate Loans denominated in Dollars, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 and an integral multiple of $1,000,000, in the case of Base Rate Loans, in a minimum amount of $1,000,000 3,000,000 and an integral multiple of $500,000 1,000,000 or, in either case, in the unused amount of the applicable Commitment. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day Day, specified in such Borrowing Request. In the case of other than Swing Line Loans, on On or before 12:00 noon noon, New York time (or, if later, two hours following the Administrative Agent's providing of notice to such Lender of such Borrowing Request), on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the Borrower by wire transfer to the accounts the Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.

Appears in 1 contract

Sources: Credit Agreement (Adelphia Communications Corp)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by delivering a Borrowing Request to the Administrative Agent on or before 10:00 11:00 a.m. (which shall be London time, in the case of Other Currency Loans) on a Business Day, the any Borrower may from time to time irrevocably request, (a) on such the same Business Day Day's notice in the case of Base Rate Loans or Loans, (b) on not less than at least three Business Days' notice and not more than five Business Days’ notice, in the case of LIBO Rate Loans denominated in DollarsDollars and (c) on at least four Business Days notice in the case of LIBO Rate Loans denominated in any Other Currency, and in either case not more than five Business Days' notice, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of the Dollar Equivalent of $5,000,000 10,000,000 and an integral multiple of the Dollar Equivalent of $1,000,000, in the case of Base Rate Loans, in a minimum amount of the Dollar Equivalent of $1,000,000 5,000,000 and an integral multiple of the Dollar Equivalent of $500,000 or, in either case, in the unused amount of the applicable Commitment. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of the Loans, and shall be made on the Business Day Day, specified in such Borrowing Request. In the case of (x) other than Swing Line LoansLoans denominated in Dollars, on or before 12:00 noon 2:00 p.m. on such Business Day and (y) other than Swing Line Loans denominated in an Other Currency, by such time as the Administrative Agent may determine to be necessary for such funds to be credited on such date in accordance with normal banking practices in the place of payment, each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the Borrower requesting such funds by wire transfer to the accounts the such Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan. The Dollar Equivalent of any Loan denominated in any Other Currency shall be determined in accordance with Section 2.10.

Appears in 1 contract

Sources: Credit Agreement (Chesapeake Corp /Va/)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by By delivering a Borrowing Request to the Administrative Agent on or before 10:00 a.m. 12:00 p.m. on a Business Day, the Borrower Borrowers may from time to time irrevocably request, on such that same Business Day in the case of Base Rate Loans Loans, or on not less than three Business Days’ notice in the case of LIBO Rate Loans, and in either case not more than five Business Days’ notice, in the case of LIBO Rate Loans denominated in Dollars, that a Borrowing be made, (x) in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 1,000,000 and an integral multiple of $1,000,000500,000, (y) in the case of Base Rate Loans, in a minimum amount of $1,000,000 and an integral multiple of $500,000 or, or (z) in either case, in the unused amount of the applicable Commitment; provided, however, that all of the Loans made on the Effective Date shall be made as Base Rate Loans. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day Day, specified in such Borrowing Request. In the case of other than Swing Line Loans, on On or before 12:00 noon 1:00 p.m. on such Business Day Day, each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the Borrower Borrowers by wire transfer to the accounts the Borrower Borrowers shall have specified in its Borrowing Request. No Lender’s obligation to make any Loan shall be affected by any other Lender’s failure to make any Loan.

Appears in 1 contract

Sources: Credit Agreement (Hecla Mining Co/De/)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by By delivering a Borrowing Request to the Administrative Agent on or before 10:00 a.m. 11:00 a.m., New York City time, on a Business Day, the Borrower may from time to time irrevocably request, on such not less than three (3) nor more than five (5) Business Day Days' notice in the case of Base Rate Loans LIBOR Loans, and on the same day or on not less than three Business Days’ notice and not no more than five (5) Business Days’ notice, ' notice in the case of LIBO Prime Rate Loans denominated in DollarsLoans, that a Borrowing be made, in the case of LIBO Rate Loans, made in a minimum amount of $5,000,000 and an integral multiple of $1,000,000, 100,000 in the case of Base Rate LIBOR Loans, and in a minimum amount of $1,000,000 50,000 in the case of Prime Rate Loans, and an in both instances in any integral multiple of $500,000 or50,000 in excess thereof, in either case, or in the unused amount of the applicable Commitment. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day Day, specified in such Borrowing Request. In Each Borrowing Request must be signed by a Responsible Officer of the case Borrower. Upon receipt of other than Swing Line Loansany Borrowing Request, on the Agent shall promptly notify the Lenders of such Borrowing Request. On or before 12:00 noon 1:00 p.m., New York City time, on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the Borrower by wire transfer to the accounts the Borrower shall have specified in its the applicable Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.

Appears in 1 contract

Sources: Credit Agreement (Star Gas Partners Lp)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by delivering a Borrowing Request to the Administrative Agent on or before 10:00 a.m. 12:00 p.m. (noon) on a Business Day, the Borrower may from time to time irrevocably request, on such not less than one Business Day Day's notice in the case of Base Rate Loans Loans, or on not less than three Business Days' notice and not more than five Business Days’ notice, in the case of LIBO Rate Loans denominated Loans, and in Dollarseither case not more than ten Business Days' notice, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 2,000,000 and an integral multiple of $1,000,000500,000, in the case of Base Rate Loans, in a minimum amount of $1,000,000 500,000 and an integral multiple of $500,000 100,000 or, in either case, in the unused amount of the applicable Commitment; provided, however, that all of the initial Loans shall be made as Base Rate Loans. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day Day, specified in such Borrowing Request. In the case of other than Swing Line Loans, on or before 12:00 noon 1:00 p.m. on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the Borrower by wire transfer to the accounts the Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.

Appears in 1 contract

Sources: Credit Agreement (North Shore Agency Inc)