Common use of Borrowing Request Clause in Contracts

Borrowing Request. (a) The Company shall request a Borrowing hereunder by submitting to the Administrative Agent and each Funding Agent (on behalf of the Lenders) a written notice, substantially in the form of Schedule 2 (each, a “Borrowing Request”) no later than 8:00 a.m. (New York time) (or, if such Borrowing Request relates solely to a Swingline Loan, 12:00 noon New York time) (x) if the amount of the proposed Borrowing is $40,000,000 or less (exclusive of the Swingline Loan requested on such day, if any), on the Business Day of the proposed Borrowing, and (y) if the amount of the proposed Borrowing exceeds $40,000,000 (exclusive of the Swingline Loan requested on such day, if any), one (1) Business Day prior to the date of the proposed Borrowing (each such date, a “Borrowing Date”). Promptly after its receipt thereof, each Funding Agent shall submit a copy of each Borrowing Request to the Lenders in its Lender Group. (b) Each Borrowing Request shall: (i) specify the desired amounts for the requested Loans, and specify whether a Swingline Loan is requested and the desired amount of such requested Swingline Loan; (ii) specify the desired Borrowing Date (which shall be a Business Day); (iii) specify the Interest Period which shall be the same for each Loan making up such Borrowing and shall end on a Business Day occurring not later than sixty-two (62) days after such Borrowing Date; and (iv) certify that, after giving effect to the proposed Borrowing, the Maximum Available Borrowing will not be exceeded on such Borrowing Date. (c) Only one Borrowing may be requested in each Borrowing Request. (d) Only one Borrowing Request shall be delivered in respect of each Borrowing Date. (e) Each Borrowing Request shall be irrevocable and binding on the Company. (f) Borrowings shall be made subject to the satisfaction of the requirements of Section 6.2.

Appears in 3 contracts

Sources: u.s. Receivables Loan Agreement (Huntsman CORP), u.s. Receivables Loan Agreement (Huntsman CORP), u.s. Receivables Loan Agreement (Huntsman CORP)

Borrowing Request. The Borrower shall have the right, following the Restatement Effective Date, at its request, by written notice from Borrower to Agent, to obtain (ay) The Company shall request a Borrowing hereunder by submitting commitments for additional tranches of term loans (each such commitment, an “Incremental Term Loan Commitment” and such loans funded thereunder, “Incremental Term Loans”) or (z) additional Revolving Loan Commitments (each such commitment, an “Incremental Revolving Loan Commitment”; the Incremental Revolving Loan Commitments and the Incremental Term Loan Commitments are sometimes referred to herein individually as an “Incremental Commitment” and collectively as “Incremental Commitments”) from existing Lenders or new Lenders, subject to the Administrative standards for new Lenders pursuant to a Sale of Loans set forth in Section 9.9(b) to the extent that such new Lender is subject to the approval of Agent pursuant to Section 9.9(b). No Lender shall be obligated to provide any Incremental Term Loan Commitment or to increase its Revolving Loan Commitment; provided, existing Lenders shall first be afforded the opportunity to provide each proposed Incremental Facility before the Borrower solicits or obtains such Incremental Facility, or any portion thereof, from prospective Lenders. Each Incremental Commitment shall be in an amount not less than $5,000,000 and each Funding Agent (on behalf of the Lenders) a written notice, substantially all Incremental Commitments shall in no event exceed $10,000,000 in the form of Schedule 2 (each, a “Borrowing Request”) no later than 8:00 a.m. (New York time) (or, if aggregate. Each such Borrowing Request relates solely to a Swingline Loan, 12:00 noon New York time) (x) if notice shall specify the type and amount of the proposed Borrowing is $40,000,000 or less (exclusive of the Swingline Loan requested on such day, if any), on the Business Day of the proposed Borrowing, Incremental Commitment and (y) if the amount of the proposed Borrowing exceeds $40,000,000 (exclusive of the Swingline Loan requested on such day, if any), one (1) Business Day prior to the date of the proposed Borrowing (each such date, a an Borrowing Incremental Commitment Effective Date”). Promptly after its receipt thereof) on which Borrower proposes that the applicable Incremental Commitment shall be effective, each Funding Agent shall submit a copy of each Borrowing Request to the Lenders in its Lender Group. (b) Each Borrowing Request shall: (i) specify the desired amounts for the requested Loans, and specify whether a Swingline Loan is requested and the desired amount of such requested Swingline Loan; (ii) specify the desired Borrowing Date (which shall be a date not less than ten (10) Business Day); (iii) specify Days after the Interest Period date on which shall be the same for each Loan making up such Borrowing and shall end on a Business Day occurring not later than sixty-two (62) days after such Borrowing Date; and (iv) certify that, after giving effect notice is delivered to the proposed Borrowing, the Maximum Available Borrowing will not be exceeded on Agents or such Borrowing Dateearlier date determined by Agent in its reasonable discretion. (c) Only one Borrowing may be requested in each Borrowing Request. (d) Only one Borrowing Request shall be delivered in respect of each Borrowing Date. (e) Each Borrowing Request shall be irrevocable and binding on the Company. (f) Borrowings shall be made subject to the satisfaction of the requirements of Section 6.2.

Appears in 3 contracts

Sources: Credit Agreement (Zoe's Kitchen, Inc.), Credit Agreement (Zoe's Kitchen, Inc.), Credit Agreement (Zoe's Kitchen, Inc.)

Borrowing Request. (a) The Company A request for a Revolving Credit Loan or conversion or continuation of an existing Revolving Credit Loan shall request a Borrowing hereunder by submitting be made, or shall be deemed to the Administrative Agent and each Funding Agent (on behalf of the Lenders) a written noticebe made, substantially in the form following manner: Borrower shall give Lender written notice of Schedule 2 (eachits intention to borrow, a “Borrowing Request”) no later than 8:00 a.m. (New York time) (orconvert or continue, if such Borrowing Request relates solely to a Swingline Loan, 12:00 noon New York time) (x) if in which notice Borrower shall specify the amount of the proposed Borrowing is borrowing, or in the case of an existing Revolving Credit Loan, the amount to be converted or continued, in each case which amount shall be not less than $40,000,000 100,000 (or less (exclusive a higher integral multiple of the Swingline Loan requested on such day, if any$50,000), on the Business Day of whether such borrowing will be a Base Rate Loan or a LIBOR Loan and the proposed Borrowingborrowing, and conversion or continuation date, as the case may be, not later than 11:00 a.m. Eastern time (yi) if the amount of two (2) Business Days prior to the proposed Borrowing exceeds $40,000,000 borrowing, conversion or continuation date in the case of any request for a LIBOR Loan or conversion or continuation of any Revolving Credit Loan or (exclusive of the Swingline Loan requested on such day, if any), ii) one (1) Business Day prior to the proposed borrowing, conversion or continuation date in the case or any request for a Base Rate Loan; provided, however, that no such request may be made at a time when there exists any Default. The becoming due of any amount required to be paid under this Agreement, whether as interest or for any other Obligation, shall be deemed irrevocably to be a request for a Revolving Credit Loan on the proposed Borrowing (each day following the due date in the amount required to pay such interest or other Obligation if such amount was not paid by Borrower on the due date. If, a “Borrowing Date”). Promptly after its receipt thereof, each Funding Agent shall submit a copy upon the expiration of each Borrowing Request any Interest Period applicable to the Lenders in its Lender Group. (b) Each Borrowing Request shall: (i) specify the desired amounts for the requested LIBOR Loans, and specify whether Borrower has failed to timely select a Swingline Loan is requested and the desired amount of new Interest Period to be applicable to such requested Swingline Loan; (ii) specify the desired Borrowing Date (which LIBOR Loans, Borrower shall be a Business Day); (iii) specify the Interest Period which shall be the same for each deemed to have elected to continue such LIBOR Loans. Borrower’s notice of its intention to borrow or continue any existing Revolving Credit Loan making up such Borrowing and shall end on a Business Day occurring not later than sixty-two (62) days after such Borrowing Date; and (iv) certify that, after giving effect to the proposed Borrowing, the Maximum Available Borrowing will not be exceeded on such Borrowing Date. (c) Only one Borrowing may be requested in each Borrowing Request. (d) Only one Borrowing Request shall be delivered in respect of each Borrowing Date. (e) Each Borrowing Request shall be irrevocable and binding on the Company. (f) Borrowings shall be made subject accompanied with a certificate, on a form designated by Lender and in substance satisfactory to Lender, certifying the satisfaction amount of the requirements Borrowing Base and providing such backup calculations and other information as Lender shall reasonably deem necessary (a “Borrowing Base Certificate”). Lender may change the form of such certificate from time to time and at all times shall have the right to request a separate Borrowing Base Certificate from each entity comprising Borrower. After the making of the first Revolving Credit Loan, Borrower shall deliver a Borrowing Base Certificate to Lender no less often than monthly pursuant to Section 6.25.1(a).

Appears in 2 contracts

Sources: Loan and Security Agreement (Nimblegen Systems Inc), Loan and Security Agreement (Nimblegen Systems Inc)

Borrowing Request. (a) The Company shall request a Borrowing hereunder by submitting to the Administrative Agent and each Funding Agent (on behalf of the Lenders) a written notice, substantially in the form of Schedule 2 (each, a “Borrowing Request”) on any Business Day that shall be received by the Administrative Agent and each Funding Agent no later than 8:00 11:00 a.m. (New York time) on such Business Day (or, if it being understood that any such Borrowing Request relates solely request made after such time shall be deemed to a Swingline Loan, 12:00 noon New York timehave been made on the following Business Day) (x) if the amount of the proposed Borrowing is $40,000,000 or less (exclusive of the Swingline Loan requested on such day, if any), on the Business Day of the proposed Borrowing, and (y) if the amount of the proposed Borrowing exceeds $40,000,000 (exclusive of the Swingline Loan requested on such day, if any), one (1) Business Day prior to the date of the proposed a Borrowing (each such date, being referred to herein as a “Borrowing Date”). Promptly after its receipt thereof, each Funding Agent shall submit a copy of each Borrowing Request to the Lenders in its Lender Group. (b) Each Borrowing Request shall: (i) specify the desired amounts for the requested Loans, and specify whether a Swingline Loan is requested and the desired amount of such requested Swingline Loan; (ii) specify the desired Borrowing Date (which shall be a Business Day); (iii) specify the Interest Period which shall be the same for each Loan making up such Borrowing and shall end on a Business Day occurring not later than sixty-two (62) days after such Borrowing Date; and[reserved]; (iv) certify that, after giving effect to the proposed Borrowing, the Maximum Available Borrowing will not be exceeded on such Borrowing Date.; and (v) during any Non-Pro Rata Funding Period, confirm the Lender Group expected to fund the requested Loans; (c) Only one Borrowing may be requested in each Borrowing Request. (d) Only one Borrowing Request shall be delivered in respect of each Borrowing Date. (e) Each Borrowing Request shall be irrevocable and binding on the Company. (fe) Borrowings shall be made subject to the satisfaction of the requirements of Section 6.2.

Appears in 2 contracts

Sources: u.s. Receivables Loan Agreement, u.s. Servicing Agreement, u.s. Receivables Purchase Agreement (Huntsman International LLC), u.s. Receivables Loan Agreement, u.s. Servicing Agreement, u.s. Receivables Purchase Agreement (Huntsman International LLC)

Borrowing Request. The Borrower shall have the right, following the Restatement Effective Date, at its request, by written notice from Borrower to Agent, to obtain (ay) The Company shall request a Borrowing hereunder by submitting commitments for additional tranches of term loans (each such commitment, an “Incremental Term Loan Commitment” and such loans funded thereunder, “Incremental Term Loans”) or (z) additional Revolving Loan Commitments (each such commitment, an “Incremental Revolving Loan Commitment”; the Incremental Revolving Loan Commitments and the Incremental Term Loan Commitments are sometimes referred to herein individually as an “Incremental Commitment” and collectively as “Incremental Commitments”) from existing Lenders or new Lenders, subject to the Administrative standards for new Lenders pursuant to a Sale of Loans set forth in Section 9.9(b) to the extent that such new Lender is subject to the approval of Agent pursuant to Section 9.9(b). No Lender shall be obligated to provide any Incremental Term Loan Commitment or to increase its Revolving Loan Commitment; provided, existing Lenders shall first be afforded the opportunity to provide each proposed Incremental Facility before the Borrower solicits or obtains such Incremental Facility, or any portion thereof, from prospective Lenders. Each Incremental Commitment shall be in an amount not less than $5,000,000 and each Funding Agent (on behalf of the Lenders) a written notice, substantially all Incremental Commitments shall in no event exceed $15,000,000 in the form of Schedule 2 (each, a “Borrowing Request”) no later than 8:00 a.m. (New York time) (or, if aggregate. Each such Borrowing Request relates solely to a Swingline Loan, 12:00 noon New York time) (x) if notice shall specify the type and amount of the proposed Borrowing is $40,000,000 or less (exclusive of the Swingline Loan requested on such day, if any), on the Business Day of the proposed Borrowing, Incremental Commitment and (y) if the amount of the proposed Borrowing exceeds $40,000,000 (exclusive of the Swingline Loan requested on such day, if any), one (1) Business Day prior to the date of the proposed Borrowing (each such date, a an Borrowing Incremental Commitment Effective Date”). Promptly after its receipt thereof) on which Borrower proposes that the applicable Incremental Commitment shall be effective, each Funding Agent shall submit a copy of each Borrowing Request to the Lenders in its Lender Group. (b) Each Borrowing Request shall: (i) specify the desired amounts for the requested Loans, and specify whether a Swingline Loan is requested and the desired amount of such requested Swingline Loan; (ii) specify the desired Borrowing Date (which shall be a date not less than ten (10) Business Day); (iii) specify Days after the Interest Period date on which shall be the same for each Loan making up such Borrowing and shall end on a Business Day occurring not later than sixty-two (62) days after such Borrowing Date; and (iv) certify that, after giving effect notice is delivered to the proposed Borrowing, the Maximum Available Borrowing will not be exceeded on Agents or such Borrowing Dateearlier date determined by Agent in its reasonable discretion. (c) Only one Borrowing may be requested in each Borrowing Request. (d) Only one Borrowing Request shall be delivered in respect of each Borrowing Date. (e) Each Borrowing Request shall be irrevocable and binding on the Company. (f) Borrowings shall be made subject to the satisfaction of the requirements of Section 6.2.

Appears in 2 contracts

Sources: Credit Agreement (Zoe's Kitchen, Inc.), Credit Agreement (Zoe's Kitchen, Inc.)

Borrowing Request. (ai) The Company Borrower shall request a Borrowing hereunder by submitting to the Administrative Agent and each Funding Agent (on behalf of the Lenders) a written notice, substantially in the form of Schedule 2 Exhibit B (each, a "Borrowing Request") no later than 8:00 a.m. prior to (A) in the case of Loans which are to accrue interest by reference to the Adjusted Eurocurrency Rate, 1:00 p.m. (New York City time) (or, if such Borrowing Request relates solely to a Swingline Loan, 12:00 noon New York time) (x) if the amount of the proposed Borrowing is $40,000,000 or less (exclusive of the Swingline Loan requested on such day, if any), on the Business Day of the proposed Borrowing, and (y) if the amount of the proposed Borrowing exceeds $40,000,000 (exclusive of the Swingline Loan requested on such day, if any), one (1) third Business Day prior to the date of the proposed Borrowing (each such dateeach, a "Borrowing Date”). Promptly after its receipt thereof") and (B) with respect to a Loan of any other Rate Type, each Funding Agent shall submit a copy of each Borrowing Request 9:30 a.m. (New York City time) on the second Business Day prior to the Lenders in its Lender GroupBorrowing Date. (bii) Each Borrowing Request shall: : (iA) specify (1) the desired amounts Approved Currencies for the requested LoansBorrowing, and specify whether a Swingline Loan is determined in accordance with Section 2.02(e), (2) for each such Approved Currency, the amount of the requested Borrowing and the desired amount allocation of such requested Swingline Loan; amount among the Lender Groups, (ii3) specify the Aggregate Principal Balance after giving effect to such Borrowing, (4) the desired Borrowing Date (which shall be a Business Day); Weekly Settlement Date) and (iii5) specify the Interest Period which shall be desired Tranche Period(s) and allocations of the same for each Loan making up principal amount of such Borrowing thereto pursuant to Section 2.10 and shall end on a Business Day occurring not later than sixty-two (62) days after such Borrowing Date; and (ivB) certify that, after giving effect to the proposed Borrowing, (1) the Percentage Factor would not exceed the Maximum Available Borrowing will Percentage Factor, as determined by reference to the most recent Portfolio Report delivered under the Servicing Agreement (which Portfolio Report shall contain information as of a date not be exceeded on such more than five Business Days prior to the proposed Borrowing Date. ) and (c2) Only one Borrowing may be requested in each Borrowing Request. (d) Only one Borrowing Request shall be delivered in respect the good faith judgment of each Borrowing Date. (e) the Collection Agent, the Percentage Factor would not exceed the Maximum Percentage Factor, as determined by reference to the most recent information then available to the Collection Agent. Each Borrowing Request shall be irrevocable and binding on the CompanyBorrower. (f) Borrowings shall be made subject to the satisfaction of the requirements of Section 6.2.

Appears in 2 contracts

Sources: Receivables Loan Agreement (TRW Automotive Inc), Receivables Loan Agreement (TRW Automotive Inc)

Borrowing Request. (a) The Company shall request a Borrowing hereunder by submitting to the Administrative Agent and each Funding Agent (on behalf of the Lenders) a written notice, substantially in the form of Schedule 2 (each, a “Borrowing Request”) no later than 8:00 11:00 a.m. (New York London time) (or, if such Borrowing Request relates solely to a Swingline Loan, 12:00 noon New York time) (x) if the amount of the proposed Borrowing is $40,000,000 or less (exclusive of the Swingline Loan requested on such day, if any), on the Business Day of the proposed Borrowing, and second (y2nd) if the amount of the proposed Borrowing exceeds $40,000,000 (exclusive of the Swingline Loan requested on such day, if any), one (1) Funding Business Day prior to the date of the proposed Borrowing (each such dateeach, a “Borrowing Date”). Promptly after its receipt thereof, each Funding Agent shall submit a copy of each Borrowing Request to the Lenders Lender in its Lender Group. (b) Each Borrowing Request shall: (i) specify the desired amounts and Approved Currencies for the requested Loans, and specify whether a Swingline Loan is requested and the desired amount of such requested Swingline Loan; (ii) specify the desired Borrowing Date (which shall be a Business DayDay prior to the Facility Termination Date; provided that there shall not be more than two (2) Borrowing Dates per calendar week, subject to a maximum of five (5) Borrowings per calendar month); (iii) specify the Interest Period which shall be the same for each Loan making up such Borrowing and shall end on a Business Day occurring not later than sixty-two (62) days after such Borrowing Date; and (iv) certify that, after giving effect to the proposed Borrowing, the Maximum Available Borrowing will not be exceeded on such Borrowing Date; and (iv) certify that, after giving effect to the proposed Borrowing, none of the Maximum Available Borrowing (Dollars), Maximum Available Borrowing (Euro) and the Maximum Available Borrowing (Sterling) will be exceeded on such Borrowing Date. (c) Only one Borrowing (comprising a maximum of three (3) Loans, each in a different Approved Currency) may be requested in each Borrowing Request. (d) Only one Borrowing Request shall be delivered in respect of each Borrowing Date. (e) Each Borrowing Request shall be irrevocable and binding on the Company. (f) Borrowings shall be made subject to the satisfaction of the requirements of set forth in Section 6.2.

Appears in 2 contracts

Sources: European Receivables Loan Agreement, European Receivables Loan Agreement (Huntsman CORP)

Borrowing Request. (a) The Company Each Delayed Draw Borrowing shall request a Borrowing hereunder be made upon the irrevocable written notice given by submitting the Borrower Representative on behalf of the applicable Borrowers to the Administrative Agent by delivery to the Administrative Agent of a written Term/Mortgage Committed Loan Notice, completed and each Funding Agent (on behalf signed by a Responsible Officer of the Lenders) Borrower Representative. Each such notice of a written notice, substantially in Delayed Draw Borrowing must be received by the form of Schedule 2 (each, a “Borrowing Request”) no Administrative Agent not later than 8:00 a.m. 2:00 p.m. ten (New York time10) Business Days prior to the requested date of any Delayed Draw Borrowing (or, if such Borrowing Request relates solely with respect to a Swingline Loan, 12:00 noon New York time) (x) if the amount of the proposed Borrowing is $40,000,000 or less (exclusive of the Swingline Loan Delayed Draw Term Loans requested on such day, if any), to be funded on the Business Day Original Closing Date, the notice of a Delayed Draw Borrowing was delivered with the proposed Borrowing, and (y) if Credit Agreement on the amount of the proposed Borrowing exceeds $40,000,000 (exclusive of the Swingline Loan requested on such day, if any), one (1) Business Day prior to the date of the proposed Borrowing (each such date, a “Borrowing Original Closing Date). Promptly after its receipt thereof, each Funding Agent Each Term/Mortgage Committed Loan Notice shall submit a copy of each Borrowing Request to the Lenders in its Lender Group. (b) Each Borrowing Request shall: specify (i) specify the desired amounts for the requested LoansBorrower or Borrowers requesting such Borrowing, and specify whether a Swingline Loan is requested and the desired amount of such requested Swingline Loan; (ii) specify the desired purpose for which the advance is being requested (accompanied by reasonable supporting documentation), (iii) the Class of Loans the applicable Borrowers are requesting (and if the notice fails to make an election as to such form, it will be declined), (iv) the requested Borrowing Date (which shall be a Business Day); , (iiiv) specify the principal amount of Delayed Draw Loans to be borrowed, (vi) the Type of Loans to be borrowed, and (vii) the duration of the Interest Period which with respect thereto, if applicable. Notwithstanding anything else provided herein, a single Interest Period shall be the same for each Loan making up such Borrowing and shall end on a Business Day occurring not later than sixty-two (62) days after such Borrowing Date; and (iv) certify that, after giving effect apply to the proposed Borrowing, the Maximum Available Borrowing will not be exceeded on such Borrowing Date. (c) Only one Borrowing may be requested in each Borrowing Request. (d) Only one Borrowing Request shall be delivered all Delayed Draw Mortgage Loans outstanding at any time in respect of each Borrowing Date. all Delayed Draw Mortgage Loans set forth in an applicable Project Budget submitted to the Administrative Agent under the Delayed Draw Disbursement Procedures (e) to the extent additional Delayed Draw Mortgage Loans in connection with such Project are borrowed during any Interest Period, such additional Delayed Draw Mortgage Loans shall automatically be deemed to have an Interest Period equal to the remaining Interest Period for the then-existing Delayed Draw Mortgage Loans in respect of such Project). Each Borrowing Request Term/Mortgage Committed Loan Notice requesting a Delayed Draw Mortgage Loan in respect of a Project shall also be irrevocable accompanied by all applicable information and binding on documents required under the Company. (f) Borrowings shall Delayed Draw Disbursement Procedures with respect to such Project. With respect to a Delayed Draw Mortgage Loan to be made subject in respect of any Major Project, Administrative Agent may elect to retain an inspector at the applicable Borrower’s expense to verify the status and condition of any work being funded with such Delayed Draw Borrowing. As a condition to the satisfaction making of any Delayed Draw Mortgage Loan, the requirements Administrative Agent may elect to obtain a title insurance endorsement to the extent available under the title insurance regulations in the applicable jurisdiction with respect to the title insurance policy covering the Real Property on which such work is being performed or Real Property which is being acquired using the proceeds of Section 6.2any Delayed Draw Mortgage Loans, including but not limited to uses of proceeds for acquisition of Real Property, building, remodeling, capital improvements, removal, demolition, restoration, alteration, repairs, installation, renovation, or construction of improvements, restoration or alteration of land, or any other construction or development of any nature with respect to the Real Property.

Appears in 1 contract

Sources: Credit Agreement (GPB Automotive Portfolio, LP)

Borrowing Request. With respect to any Other Advance, Borrower shall submit to Lender for approval breakdowns, in sufficient detail as may be required by the Lender, of Borrower's funding requirements other than the Equipment Advances (a"Other Funding Requirements"), during the period commencing on the Pledge Effective Date until the earliest to occur of (i) The Company any Note Termination Event, (ii) any Event of Default, (iii) any termination of the Merger Agreement and (iv) the "Closing Date" under the Merger Agreement (as defined therein). Lender shall have the right to approve any Other Funding Requirements in its sole discretion. Set forth in Schedule B to the Note and Agreement is an Other Advance that Lender has approved and agrees to make on the Pledge Effective Date, subject to the terms and conditions set forth herein. Borrower shall request a any Other Advance by delivering to Lender an irrevocable written notice (the "Borrowing hereunder by submitting Request") which shall be delivered to Lender to the Administrative Agent address and each Funding Agent (on behalf in the manner set forth in Section 3(c) below and shall specify: the principal amount of the Lenders) a written noticerequested Other Advance, substantially in which shall be not less than $500,000 and shall be consistent with Schedule B or the form applicable Other Funding Requirements approved by Lender as provided herein, as the case may be; the purpose of the Other Advance, which shall be consistent with Schedule 2 (eachB or the applicable Other Funding Requirements approved by Lender as provided herein, a “Borrowing Request”) no later than 8:00 a.m. (New York time) (oras the case may be; the requested Other Advance Date, if such Borrowing Request relates solely to a Swingline Loan, 12:00 noon New York time) which shall be (x) if consistent with Schedule B or the amount of applicable Other Funding Requirements approved by Lender as provided herein, as the proposed Borrowing is $40,000,000 or less (exclusive of the Swingline Loan requested on such day, if any), on the Business Day of the proposed Borrowingcase may be, and (y) if the amount of the proposed Borrowing exceeds $40,000,000 (exclusive of the Swingline Loan requested on such day, if any), one (1) Business Day prior to the date of the proposed Borrowing (each such date, a “Borrowing Date”). Promptly after its receipt thereof, each Funding Agent shall submit a copy of each Borrowing Request to the Lenders in its Lender Group. (b) Each Borrowing Request shall: (i) specify the desired amounts for the requested Loans, and specify whether a Swingline Loan is requested and the desired amount of such requested Swingline Loan; (ii) specify the desired Borrowing Date (which shall be a Business Day); (iii) specify the Interest Period which shall be the same for each Loan making up such Borrowing and shall end on a Business Day occurring not later less than sixty-two (622) business days after such Borrowing Date; and (iv) certify that, after giving effect to the proposed Borrowing, the Maximum Available Borrowing will not be exceeded on such Borrowing Date. (c) Only one Borrowing may be requested in each Borrowing Request. (d) Only one Borrowing Request shall be delivered have been given; and that all conditions set forth in Section 3(b) below have been satisfied in respect of each Borrowing Datesuch Other Advance. (e) Each Borrowing Request shall be irrevocable and binding on the Company. (f) Borrowings shall be made subject to the satisfaction of the requirements of Section 6.2.

Appears in 1 contract

Sources: Secured Promissory Note (Axys Pharmaceuticals Inc)

Borrowing Request. (ai) The Company Borrower shall request a Borrowing hereunder by submitting (or causing the Servicer to submit on behalf of the Borrower) to the Administrative Agent and each Funding Agent (on behalf of the Lenders) a written notice, substantially in the form of Schedule 2 Exhibit B (Form of Borrowing Request) (each, a “Borrowing Request”) no later than 8:00 a.m. prior to 2:00 p.m. (New York London time) (or, if such Borrowing Request relates solely to a Swingline Loan, 12:00 noon New York time) (x) if the amount of the proposed Borrowing is $40,000,000 or less (exclusive of the Swingline Loan requested on such day, if any), on the Business Day of the proposed Borrowing, and (y) if the amount of the proposed Borrowing exceeds $40,000,000 (exclusive of the Swingline Loan requested on such day, if any), one (1) third Business Day prior to the date of the proposed Borrowing (each such dateeach, a “Borrowing Date”). Promptly after its receipt thereof) or such other times agreed upon by the Borrower, each Funding Agent shall submit a copy of each Borrowing Request to the Lenders in its Lender GroupServicer and the Administrative Agent. (bii) Each Borrowing Request shall: , among other things (iA) specify (I) the desired amounts Approved Currencies for the requested LoansBorrowing, determined in accordance with Clause 2.2(d), (II) for each such Approved Currency, the amount of the requested Borrowing and the Spot Rate (used for the purposes of the Daily Report in connection with which such Borrowing Request is delivered) with respect to each such Approved Currency, (III) the Aggregate Principal Balance after giving effect to such Borrowing, and specify whether a Swingline Loan is requested and the desired amount of such requested Swingline Loan; (iiIV) specify the desired Borrowing Date (which shall be a Business Dayan Intra-Month Settlement Date (or such other date as may be agreed by the Borrower, the Servicer and the Administrative Agent); ), and (iii) specify the Interest Period which shall be the same for each Loan making up such Borrowing and shall end on a Business Day occurring not later than sixty-two (62) days after such Borrowing Date; and (ivB) certify that, after giving effect to the proposed Borrowing, the Maximum Available Borrowing Aggregate Principal Balance will not be exceeded exceed the Maximum Aggregate Principal Balance on such Borrowing Date. (c) Only one Borrowing may be requested in each Borrowing Request. (d) Only one Borrowing Request shall be delivered in respect of each Borrowing Date. (e) . Each Borrowing Request shall be irrevocable and binding on the CompanyBorrower. (f) Borrowings shall be made subject to the satisfaction of the requirements of Section 6.2.

Appears in 1 contract

Sources: Receivables Loan Agreement (Dana Corp)

Borrowing Request. (a) The Company shall Borrowers may request a Borrowing hereunder Competitive Bid Loan Borrowings by submitting delivering to the Administrative Agent and each Funding Agent (on behalf of the Lenders) a written noticeAgent, substantially in the form of Schedule 2 (each, a “Borrowing Request”) no not later than 8:00 11:00 a.m. (New York time) (or, if such Borrowing Request relates solely to a Swingline Loan, 12:00 noon New York time) at least (x) if five Business Days prior to the amount date of the proposed Competitive Bid Loan Borrowing is $40,000,000 (in the case of LIBOR Auctions) or less (exclusive of the Swingline Loan requested on such day, if any), on the Business Day of the proposed Borrowing, and (y) if the amount of the proposed Borrowing exceeds $40,000,000 (exclusive of the Swingline Loan requested on such day, if any), one (1) Business Day prior to the date of the proposed Competitive Bid Loan Borrowing (each such datein the case of an Absolute Rate Auction), a “Borrowing Date”). Promptly after its receipt thereof, each Funding Agent shall submit a copy of each revocable Borrowing Request (which shall constitute an invitation to the Lenders in its Lender Group. (b) Each Borrowing Request shall:to extend Competitive Bid Loan quotes to such Borrower, and which may contain requests for up to three different Competitive Bid Loan Borrowings), specifying (i) specify the desired amounts for the requested Loans, and specify whether a Swingline Loan is requested and the desired amount of such requested Swingline Loan; (ii) specify the desired Borrowing Date proposed date (which shall be a Business Day);, currency (which shall be Dollars or Other Currency) and aggregate principal amount or amounts of each Competitive Bid Loan to be made as part of such proposed Competitive Bid Loan Borrowing (each of which such Competitive Bid Loan shall be in a minimum principal amount of $5,000,000 and in an integral multiple of $1,000,000), (ii) whether the Competitive Bid Loan quotes requested are to set forth a LIBO Rate Bid Margin or an Absolute Rate (or a combination thereof), (iii) specify the Interest Period proposed maturity date or dates (each a "Competitive Bid Loan Maturity Date") for repayment of each Competitive Bid Loan to be made as part of such Competitive Bid Loan Borrowing (which shall maturity date or dates may not be the same for each Loan making up such Borrowing and shall end on a Business Day occurring not later than sixty-two the earlier of the date occurring (62A) days six months after the date of such Competitive Bid Loan Borrowing or (B) the Revolving Loan Commitment Termination Date; ), and (iv) certify thatin the case of Competitive Bid Loans based on the LIBOR Auction, after giving effect to the proposed Borrowing, duration of the Maximum Available Borrowing will not be exceeded on Interest Period applicable thereto; such Borrowing Date. (c) Only one Borrowing may be requested in each Borrowing Request. (d) Only one Borrowing Request shall to be delivered in respect of each Borrowing Date. (e) Each Borrowing Request shall be irrevocable and binding on with an administrative fee, for the Company. (f) Borrowings shall be made subject to the satisfaction account of the requirements Administrative Agent, of Section 6.2$1,500.

Appears in 1 contract

Sources: Credit Agreement (Chesapeake Corp /Va/)

Borrowing Request. (a) The Company shall To request a Borrowing hereunder by submitting to Borrowing, the Borrower shall notify the Administrative Agent and each Funding Agent of such request by telephone (on behalf of the Lendersi) a written notice, substantially in the form case of Schedule 2 (eachEurodollar Borrowing, a “Borrowing Request”) no not later than 8:00 a.m. (2:00 p.m., New York City time) (or, if such Borrowing Request relates solely to a Swingline Loan, 12:00 noon New York time) (x) if the amount of the proposed Borrowing is $40,000,000 or less (exclusive of the Swingline Loan requested on such day, if any), on the three Business Day of the proposed Borrowing, and (y) if the amount of the proposed Borrowing exceeds $40,000,000 (exclusive of the Swingline Loan requested on such day, if any), one (1) Business Day prior to Days before the date of the proposed Borrowing or (each ii) in the case of an ABR Borrowing or a Borrowing under the Swing Line Facility, not later than noon, New York City time, one Business Day before the date of the proposed Borrowing; provided that no such date, notice shall be required for any deemed request of an ABR Borrowing to finance the reimbursement of an LC Disbursement as provided in Section 2.05(e) or the refunding of a “Borrowing Date”Swing Loan as provided in 2.04(b). Promptly after its receipt thereof, each Funding Agent shall submit a copy of each Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Lenders in its Lender Group. (b) Each Administrative Agent of a written Borrowing Request shall: in substantially the form of Exhibit B-1 and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information: (i) specify the desired amounts for aggregate amount of the requested Loans, and specify whether a Swingline Loan is requested and the desired amount of such requested Swingline Loan; Borrowing; (ii) specify the desired Borrowing Date (date of such Borrowing, which shall be a Business Day); ; (iii) specify whether such Borrowing is to be a Borrowing of ABR Loans or Eurodollar Loans; (iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the same for each Loan making up such Borrowing definition of the term “Interest Period”; (v) the location and shall end on a Business Day occurring not later than sixty-two (62) days after such Borrowing Date; and (iv) certify that, after giving effect number of the Borrower’s account to which funds are to be disbursed. If no election as to the proposed Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Maximum Available Borrowing will not be exceeded on such Borrowing Date. (c) Only one Borrowing may be requested in each Borrowing Request. (d) Only one Borrowing Request Borrower shall be delivered in respect deemed to have selected an Interest Period of each Borrowing Date. (e) one month’s duration. Each Borrowing Request shall be irrevocable constitute a representation that the amount of the requested Borrowing shall not cause the Aggregate Revolving Facility Exposure to exceed the Total Revolving Commitment; provided that such Lender’s Loan shall not cause such Lender’s Credit Facility Exposure to exceed its Revolving Commitment. Promptly following receipt of a Borrowing Request in accordance with this Section 2.06, the Administrative Agent shall advise each Lender of the details thereof and binding on of the Company. (f) Borrowings shall amount of such Lender’s Loan to be made subject to the satisfaction as part of the requirements of Section 6.2requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (InfrastruX Group, Inc.)

Borrowing Request. On or prior to 1:00 p.m. (aNew York City time) The Company on the third Business Day immediately preceding each Borrowing Date, the Issuer shall request provide a notice to the Class A-R Note Agent (with a copy to the Trustee) of the Issuer's intention to effect a Borrowing hereunder by submitting (as such, a "Borrowing Request"); provided, that the Issuer may, on any Business Day prior to the Administrative Agent and each Funding end of the Class A-R Commitment Period, notify the Class A-R Note Agent (on behalf with a copy to the Trustee) of the Lendersa proposed Borrowing (a "Short Settlement Borrowing") that is necessary to fund a written notice, substantially same day funding requirement as set forth in the form of Schedule 2 (eachClass A-R Note Purchase Agreement, a “Borrowing Request”) no not later than 8:00 10:00 a.m. (New York time) (or, if such Borrowing Request relates solely to a Swingline Loan, 12:00 noon New York time) (x) if the amount of the proposed Borrowing is $40,000,000 or less (exclusive of the Swingline Loan requested on such day, if any), on the Business Day of the proposed Borrowing, and (y) if the amount of the proposed Borrowing exceeds $40,000,000 (exclusive of the Swingline Loan requested on such day, if any), one (1) Business Day prior to the date of the proposed Short Settlement Borrowing (each such date, a “Borrowing Date”). Promptly after its receipt thereof, each Funding Agent shall submit a copy of each Borrowing Request to the Lenders in its Lender Group. (b) Each Borrowing Request shall: (i) specify the desired amounts for the requested Loans, and specify whether a Swingline Loan is requested and the desired amount of such requested Swingline Loan; (ii) specify the desired Borrowing Date (which shall be a Business Day); (iii) specify the Interest Period which shall be the same for each Loan making up such Borrowing and shall end on a ; provided, further, that within one Business Day occurring not later than sixty-two of the Issuer receiving notice of a Holder's failure to satisfy the Rating Requirement a Borrowing Request must be delivered to such Holder, and such Holder must fund the Borrowing within 30 Business Days, unless the Rating Requirement is again satisfied prior thereto. Any such notice shall include the following information: (621) days after such the aggregate amount of the requested Borrowing, (2) the Borrowing Date; and , (iv3) certify that, the Aggregate Outstanding Amount of the Class A-R Notes both before and after giving effect to the proposed such Borrowing and (4) whether such requested Borrowing would be a Short Settlement Borrowing. Promptly following receipt of a request for a Borrowing, the Maximum Available Class A-R Note Agent shall forward by fax or e-mail to each Holder of a Class A-R Note (with a copy to the Trustee) a copy of such request. Each Holder of a Class A-R Note that has agreed (subject to the terms of the Class A-R Note Purchase Agreement) to fund Borrowings on a same day basis shall fund a Short Settlement Borrowing on a same day basis, and other Holders of Class A-R Notes will not be exceeded on such Borrowing Dateobligated to do so. The aggregate amount of Short Settlement Borrowings outstanding at any given time shall not exceed $5,000,000. (c) Only one Borrowing may be requested in each Borrowing Request. (d) Only one Borrowing Request shall be delivered in respect of each Borrowing Date. (e) Each Borrowing Request shall be irrevocable and binding on the Company. (f) Borrowings shall be made subject to the satisfaction of the requirements of Section 6.2.

Appears in 1 contract

Sources: Indenture (Fifth Street Senior Floating Rate Corp.)

Borrowing Request. (a) The Company shall To request a Revolving Borrowing, Borrower Representative shall deliver, telephonically or electronically (in each case, promptly followed by written notice), or by hand delivery or telecopier, a duly completed and executed Borrowing hereunder by submitting Request to the Administrative Agent and each Funding Agent (on behalf of the Lenders) a written notice, substantially in the form of Schedule 2 (each, a “Borrowing Request”) no later than 8:00 a.m. (New York time) (or, if such Borrowing Request relates solely to a Swingline Loan, 12:00 noon New York time) (x) if in the amount case of the proposed Borrowing is $40,000,000 or less (exclusive of the Swingline Loan requested on such day, if any), on the Business Day of the proposed a Eurodollar Borrowing, and (y) if the amount of the proposed Borrowing exceeds $40,000,000 (exclusive of the Swingline Loan requested on such daynot later than 1:00 p.m., if any)New York City time, one (1) three Business Day prior to Days before the date of the proposed Borrowing or (each such datey) in the case of an ABR Borrowing, a “Borrowing Date”). Promptly after its receipt thereof, each Funding Agent shall submit a copy of each Borrowing Request to the Lenders in its Lender Group. (b) Each Borrowing Request shall: (i) specify the desired amounts for the requested Loans, and specify whether a Swingline Loan is requested and the desired amount of such requested Swingline Loan; (ii) specify the desired Borrowing Date (which shall be a Business Day); (iii) specify the Interest Period which shall be the same for each Loan making up such Borrowing and shall end on a Business Day occurring not later than sixty-two (62) days after such Borrowing Date; and (iv) certify that11:00 a.m., after giving effect to New York City time, on the date of the proposed Borrowing, the Maximum Available Borrowing will not be exceeded on such Borrowing Date. (c) Only one Borrowing may be requested in each Borrowing Request. (d) Only one Borrowing Request shall be delivered in respect of each Borrowing Date. (e) . Each Borrowing Request shall be irrevocable and binding on shall specify the Company.following information in compliance with Section 2.02: (fi) Borrowings the aggregate amount of such Borrowing; (ii) the date of such Borrowing, which shall be made subject a Business Day; (iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (iv) in the satisfaction case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the location and number of each of the accounts of the applicable Borrower or Borrowers to which funds are to be disbursed, which shall comply with the requirements of Section 6.22.02(c); and (vi) that the conditions set forth in Sections 4.02(b)-(c) have been satisfied as of the date of the notice. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then such Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Verasun Energy Corp)

Borrowing Request. (a) The Company shall request a Borrowing hereunder by submitting to the Administrative Agent and each Funding Agent (on behalf of the Lenders) a written notice, substantially in the form of Schedule 2 (each, a “Borrowing Request”) on any Business Day that shall be received by the Administrative Agent and each Funding Agent no later than 8:00 11:00 a.m. (New York time) on such Business Day (or, if it being understood that any such Borrowing Request relates solely request made after such time shall be deemed to a Swingline Loan, 12:00 noon New York timehave been made on the following Business Day) (x) if the amount of the proposed Borrowing is $40,000,000 or less (exclusive of the Swingline Loan requested on such day, if any), on the Business Day of the proposed Borrowing, and (y) if the amount of the proposed Borrowing exceeds $40,000,000 (exclusive of the Swingline Loan requested on such day, if any), one (1) Business Day prior to the date of the proposed a Borrowing (each such date, being referred to herein as a “Borrowing Date”). Promptly after its receipt thereof, each Funding Agent shall submit a copy of each Borrowing Request to the Lenders in its Lender Group. (b) Each Borrowing Request shall: (i) specify the desired amounts for the requested Loans, and specify whether a Swingline Loan is requested and the desired amount of such requested Swingline Loan; (ii) specify the desired Borrowing Date (which shall be a Business Day); (iii) specify the Interest Period which [reserved]specify whether such Loan shall be the same for each Loan making up such Borrowing and shall end on a Business Day occurring not later than sixty-two (62) days after such Borrowing Date; andaccrue interest by reference to Alternate Base Rate; (iv) certify that, after giving effect to the proposed Borrowing, the Maximum Available Borrowing will not be exceeded on such Borrowing Date; and (v) during any Non-Pro Rata Funding Period, confirm the Lender Group expected to fund the requested Loans; (c) Unless specified otherwise under the Borrowing Request and subject to Section 8.1, each Loan under a Borrowing shall accrue interest by reference to Daily 1M SOFR. (d) (c) Only one Borrowing may be requested in each Borrowing Request. . (e) (d) Only one Borrowing Request shall be delivered in respect of each Borrowing Date. (e) Each Borrowing Request shall be irrevocable and binding on the Company. (fe) Borrowings shall be made subject to the satisfaction of the requirements of Section 6.2.

Appears in 1 contract

Sources: u.s. Receivables Loan Agreement (Huntsman International LLC)

Borrowing Request. (a) The Company shall request a Borrowing hereunder by submitting to the Administrative Agent and each Funding Agent (on behalf of the Lenders) a written notice, substantially in the form of Schedule 2 (each, a “Borrowing Request”) on any Business Day that shall be received by the Administrative Agent and each Funding Agent no later than 8:00 11:00 a.m. (New York time) on such Business Day (or, if it being understood that any such Borrowing Request relates solely request made after such time shall be deemed to a Swingline Loan, 12:00 noon New York timehave been made on the following Business Day) (x) if the amount of the proposed Borrowing is $40,000,000 or less (exclusive of the Swingline Loan requested on such day, if any), on the Business Day of the proposed Borrowing, and (y) if the amount of the proposed Borrowing exceeds $40,000,000 (exclusive of the Swingline Loan requested on such day, if any), one (1) Business Day prior to the date of the proposed a Borrowing (each such date, being referred to herein as a “Borrowing Date”). Promptly after its receipt thereof, each Funding Agent shall submit a copy of each Borrowing Request to the Lenders in its Lender Group. (b) Each Borrowing Request shall: (i) specify the desired amounts for the requested Loans, and specify whether a Swingline Loan is requested and the desired amount of such requested Swingline Loan; (ii) specify the desired Borrowing Date (which shall be a Business Day); (iii) specify the Interest Period which whether such Loan shall be the same for each Loan making up such Borrowing and shall end on a Business Day occurring not later than sixty-two (62) days after such Borrowing Date; andaccrue interest by reference to Alternate Base Rate; (iv) certify that, after giving effect to the proposed Borrowing, the Maximum Available Borrowing will not be exceeded on such Borrowing Date; and (v) during any Non-Pro Rata Funding Period, confirm the Lender Group expected to fund the requested Loans; (c) Unless specified otherwise under the Borrowing Request and subject to Section 8.1, each Loan under a Borrowing shall accrue interest by reference to Daily 1M SOFR. (cd) Only one Borrowing may be requested in each Borrowing Request. (d) Only one Borrowing Request shall be delivered in respect of each Borrowing Date. (e) Each Borrowing Request shall be irrevocable and binding on the Company. (f) Borrowings shall be made subject to the satisfaction of the requirements of Section 6.2.

Appears in 1 contract

Sources: u.s. Receivables Loan Agreement (Huntsman International LLC)