Common use of Borrowing Requests Clause in Contracts

Borrowing Requests. Except for a request for a Borrowing made under Section 2.01(b)(iii), each Borrowing Request must be made by the Borrower to the Administrative Agent in writing so that it is received no later than 11:00 a.m. (New York time) on the Business Day of the proposed Advance Date set forth therein. Each request for a Borrowing (a “Borrowing Request”) shall (i) be substantially in the form of Exhibit 2.03(a), (ii) be irrevocable and (iii) specify the amount of the requested Borrowing (which shall be in a minimum amount of $1,000,000) and the proposed Advance Date (which shall be a Business Day). Each Borrowing requested pursuant to a Borrowing Request shall be in the form of a Swing Line Advance until such Swing Line Advance is repaid or otherwise refinanced in accordance with Section 2.01(b)(iii) or (b)(iv). The Administrative Agent shall review the pro forma calculation of the Borrowing Base delivered in connection with each Borrowing Request to confirm whether a Funding Excess exists or would exist after giving effect to the Borrowing requested in the related Borrowing Request. If a Funding Excess exists or would exist after giving effect to the Borrowing requested in the related Borrowing Request, the Administrative Agent shall promptly notify the Borrower and each Lender thereof. Unless a LIBOR Rate Disruption Event shall have occurred, each Advance shall be a LIBOR Rate Advance. Notwithstanding anything herein to the contrary, if the Swing Line Lender has elected not to make any portion of a Swing Line Advance pursuant to the proviso to the first sentence of Section 2.01(b), such portion of the requested Borrowing will be funded as a Revolving Credit Advance.

Borrowing Requests. Except for a request for a Borrowing made under Section 2.01(b)(iiias provided in Sections 2.06(c) and 2.11(b)(ii), each Borrowing Request must shall be made upon notice by the Borrower to the Administrative Agent in the manner provided herein. Any such notice must be given in writing so that it is received no later than 11:00 a.m. (1) 2:00 p.m. (New York time) on the Business Day of the proposed Advance Date set forth therein. Each request for Borrowing requested pursuant to a Borrowing Request shall be in the form of a Swing Line Advance until such Swing Line Advance is refunded or otherwise refinanced in accordance with Section 2.01(b)(iii) or (b)(iv). Each such notice (a “Borrowing Request”) shall (i) be substantially in the form of Exhibit 2.03(a), (ii) be irrevocable and (iii) specify the amount of the requested Borrowing (which shall be in a minimum amount of $1,000,000 or an integral multiple of $500,000 in excess of $1,000,000) and the proposed Advance Date (which shall be a Business Day). Each Borrowing requested pursuant to a Borrowing Request , and shall include such other information as may be in required by the form of a Swing Line Advance until such Swing Line Advance is repaid or otherwise refinanced in accordance with Section 2.01(b)(iii) or (b)(iv)Lenders and the Administrative Agent. The Administrative Agent shall review the pro forma calculation of the Borrowing Base Certificate delivered in connection with each Borrowing Request to confirm whether a Funding Excess exists or would exist after giving effect to the Borrowing requested in the related Borrowing Request. If If, in connection with such review, the Administrative Agent determines that a Funding Excess exists or would exist after giving effect to the Borrowing requested in the related Borrowing Request, the Administrative Agent shall promptly notify the Borrower and each Lender thereof. Unless a LIBOR Rate Disruption Event shall have occurred, each Advance shall be a LIBOR Rate Advance. Notwithstanding anything herein to the contrary, if the Swing Line Lender has elected not to make any portion of a Swing Line Advance pursuant to the proviso to the first sentence of Section 2.01(b), such portion of the requested Borrowing will be funded as a Revolving Credit Advance.

Borrowing Requests. Except for a request for a Borrowing made under as provided in Section 2.01(b)(iii2.06(c), each Borrowing Request must shall be made upon notice by the Borrower to the Administrative Agent in the manner provided herein. Any such notice must be given in writing so that it is received no later than 11:00 a.m. 12:00 noon (New York time) on the Business Day of the proposed Advance Date set forth therein. Each request for Borrowing requested pursuant to a Borrowing Request shall be in the form of an Swing Line Advance until such Swing Line Advance is refunded or otherwise refinanced in accordance with Section 2.01(b)(iii) or (b)(iv). Each such notice (a “Borrowing Request”) shall (i) be substantially in the form of Exhibit 2.03(a), (ii) be irrevocable and (iii) specify the amount of the requested Borrowing (which shall be in a minimum amount of $1,000,000 or an intergral multiple of $100,000 in excess of $1,000,000) and the proposed Advance Date (which shall be a Business Day). Each Borrowing requested pursuant to a Borrowing Request , and shall include such other information as may be in required by the form of a Swing Line Advance until such Swing Line Advance is repaid or otherwise refinanced in accordance with Section 2.01(b)(iii) or (b)(iv). The Administrative Agent shall review the pro forma calculation of the Borrowing Base delivered in connection with each Borrowing Request to confirm whether a Funding Excess exists or would exist after giving effect to the Borrowing requested in the related Borrowing Request. If a Funding Excess exists or would exist after giving effect to the Borrowing requested in the related Borrowing Request, Lenders and the Administrative Agent shall promptly notify the Borrower and each Lender thereofAgent. Unless a LIBOR Rate Disruption Event shall have occurred, each Advance shall be a LIBOR Rate Advance. Notwithstanding anything herein The Administrative Agent shall review the Borrowing Base Certificate delivered in connection with each Borrowing Request to confirm whether a Funding Excess exists or would arise after giving effect to the contraryBorrowing requested in the related Borrowing Request. If, if in connection with such review, the Swing Line Lender has elected not to make any portion of Administrative Agent determines that a Swing Line Advance pursuant Funding Excess exists or would arise after giving effect to the proviso to Borrowing requested in the first sentence of Section 2.01(b)related Borrowing Request, such portion of the requested Borrowing will be funded as a Revolving Credit AdvanceAdministrative Agent shall promptly notify each Lender thereof.

Borrowing Requests. Except for a (i) The Borrower shall request for a Borrowing made under Section 2.01(b)(iiihereunder by submitting to the Program Agent a written notice, substantially in the form of Exhibit B (each, a “Borrowing Request”) at least two (2) Business Days prior to the date of the proposed Borrowing (each, a “Borrowing Date”), each provided, however, that if the Conduit Lenders have declined to fund any Borrowing Request must and the Borrower is requesting that all Loans to be made by on such Borrowing Date accrue Interest at the Base Rate, the Borrower to the Administrative Agent in writing so that it is received no shall submit such Borrowing Request not later than 11:00 a.m. (New York City time) on the Business Day Borrowing Date. Promptly after its receipt thereof, the Program Agent shall submit a copy of each Borrowing Request to each Managing Agent who shall promptly forward a copy thereof to the proposed Advance Date set forth therein. Each request for a Borrowing (a “Borrowing Request”) shall (i) be substantially Lenders in the form of Exhibit 2.03(a), its Lender Group. (ii) be irrevocable and Each Borrowing Request shall: (iiiA) specify (1) the amount of the requested Borrowing and the allocation of such amount among the Lender Groups (which shall be in a minimum amount of $1,000,000) and proportional to the proposed Advance Date (which shall be a Business Day). Each Borrowing requested pursuant to a Borrowing Request shall be in the form of a Swing Line Advance until such Swing Line Advance is repaid or otherwise refinanced in accordance with Section 2.01(b)(iii) or (b)(iv). The Administrative Agent shall review the pro forma calculation respective Conduit Lending Limits of the Conduit Lenders in each Lender Group), (2) the Aggregate Principal Balance after giving effect to such Borrowing, (3) the desired Borrowing Base delivered in connection with each Date, and (4) the account of the Borrower to which the proceeds of such Borrowing Request are to confirm whether a Funding Excess exists or would exist be remitted, and (B) certify that, after giving effect to the proposed Borrowing, no Borrowing requested in the related Borrowing Request. If a Funding Excess exists or Base Deficiency would exist after giving effect to the Borrowing requested in the related Borrowing Request, the Administrative Agent shall promptly notify the Borrower and each Lender thereof. Unless a LIBOR Rate Disruption Event shall have occurred, each Advance shall be a LIBOR Rate Advance. Notwithstanding anything herein to the contrary, if the Swing Line Lender has elected not to make any portion of a Swing Line Advance pursuant to the proviso to the first sentence of Section 2.01(b), such portion of the requested Borrowing will be funded as a Revolving Credit Advanceexist.

Borrowing Requests. Except for a request for a Borrowing made under Section 2.01(b)(iii), each Borrowing Request must be made by the Borrower to the Administrative Agent in writing so that it is received no later than 11:00 a.m. (New York time) on the Business Day of the proposed Advance Date set forth therein. Each request for a Borrowing (a “Borrowing Request”) shall (i) be The Borrower shall request a Borrowing hereunder by submitting to the Program Agent a written notice, substantially in the form of Exhibit 2.03(aB (each, a "Borrowing Request") not later than 1:00 p.m. (New York City time) on the second Business Day prior to the date of the proposed Borrowing (or if the interest rate for the applicable Tranche is computed with reference to the Adjusted LIBO Rate by such time on the third Business Day prior to the date of the proposed Borrowing) (each, a "Borrowing Date"), provided, however, that if the Conduit Lenders have declined to fund any Borrowing Request and the Borrower is requesting that all Loans to be made on such Borrowing Date accrue Interest at the Base Rate, the Borrower shall submit such Borrowing Request on the Borrowing Date. Promptly after its receipt thereof, the Program Agent shall submit a copy of each Borrowing Request to each Managing Agent who shall promptly forward a copy thereof to the Lenders in its Lender Group. (ii) be irrevocable and Each Borrowing Request shall: (iiiA) specify (1) the amount of the requested Borrowing and the allocation of such amount among the Lender Groups (which shall be in a minimum amount of $1,000,000) and proportional to the proposed Advance Date (which shall be a Business Day). Each Borrowing requested pursuant to a Borrowing Request shall be in the form of a Swing Line Advance until such Swing Line Advance is repaid or otherwise refinanced in accordance with Section 2.01(b)(iii) or (b)(iv). The Administrative Agent shall review the pro forma calculation respective Conduit Lending Limits of the Conduit Lenders in each Lender Group), (2) the Aggregate Principal Balance after giving effect to such Borrowing, (3) the desired Borrowing Base delivered in connection with each Date, and (4) the account of the Borrower to which the proceeds of such Borrowing Request are to confirm whether a Funding Excess exists or would exist be remitted, and (B) certify that, after giving effect to the proposed Borrowing, no Borrowing requested in the related Borrowing Request. If a Funding Excess exists or Base Deficiency would exist after giving effect to the Borrowing requested in the related Borrowing Request, the Administrative Agent shall promptly notify the Borrower and each Lender thereof. Unless a LIBOR Rate Disruption Event shall have occurred, each Advance shall be a LIBOR Rate Advance. Notwithstanding anything herein to the contrary, if the Swing Line Lender has elected not to make any portion of a Swing Line Advance pursuant to the proviso to the first sentence of Section 2.01(b), such portion of the requested Borrowing will be funded as a Revolving Credit Advanceexist.

Borrowing Requests. Except for a request for a Borrowing made under Section 2.01(b)(iiias provided in Sections 2.06(c) and 2.11(b)(ii), each Borrowing Request must shall be made upon notice by the Borrower to the Administrative Agent in the manner provided herein. Any such notice must be given in writing so that it is received no later than (1) 11:00 a.m. (New York time) on the Business Day of the proposed Advance Date set forth therein. Each Borrowing requested pursuant to a Borrowing Request shall be in the form of a Swing Line Advance until such Swing Line Advance is refunded or otherwise refinanced in accordance with Section 2.01(b)(iii) or (b)(iv). Each request for a Borrowing (a “Borrowing Request”) shall (i) be substantially in the form of Exhibit 2.03(a), (ii) be irrevocable and (iii) specify the amount of the requested Borrowing (which shall be in a minimum amount of $1,000,000500,000) and the proposed Advance Date (which shall be a Business Day). Each Borrowing requested pursuant to a Borrowing Request , and shall include such other information as may be in required by the form of a Swing Line Advance until such Swing Line Advance is repaid or otherwise refinanced in accordance with Section 2.01(b)(iii) or (b)(iv)Lenders and the Administrative Agent. The Administrative Agent shall review the pro forma calculation of the Borrowing Base Certificate delivered in connection with each Borrowing Request to confirm whether a Funding Excess exists or would exist after giving effect to the Borrowing requested in the related Borrowing Request. If If, in connection with such review, the Administrative Agent determines that a Funding Excess exists or would exist after giving effect to the Borrowing requested in the related Borrowing Request, the Administrative Agent shall promptly notify the Borrower and each Lender thereof. Unless a LIBOR Rate Disruption Event shall have occurred, each Advance shall be a LIBOR Rate Advance. Notwithstanding anything herein to the contrary, if the Borrower requests any Borrowing in a principal amount that is less than or equal to the Swing Line Availability as of the date such Borrowing Request is delivered, such requested Borrowing shall initially be funded as a Swing Line Advance (until such Swing Line Advance is refunded in accordance with Section 2.01(b)); provided, that if the Swing Line Lender has elected (or will elect) not to make any portion of a Swing Line Advance pursuant to the proviso to the first sentence of Section 2.01(b), such portion of the requested Borrower may request that a Borrowing will instead be funded as a Revolving Credit Advance.

Borrowing Requests. Except for a request for a Borrowing made under Section 2.01(b)(iiias provided in Sections 2.06(c) and 2.11(b)(ii), each Borrowing Request must shall be made upon notice by the Borrower to the Administrative Agent in the manner provided herein. Any such notice must be given in writing so that it is received no later than (1) 11:00 a.m. (New York time) on the Business Day of the proposed Advance Date set forth therein. Each Borrowing requested pursuant to a Borrowing Request shall be (a) in the form of a Swing Line Advance until such Swing Line Advance is refunded or otherwise refinanced in accordance with Section 2.01(b)(iii) or (b)(iv) or (b) in the form of Tranche B Revolving Credit Advances. Each request for a Borrowing (a “Borrowing Request”) shall (i) be substantially in the form of Exhibit 2.03(a), (ii) be irrevocable and (iii) specify the amount of the requested Borrowing (which shall be in a minimum amount of $1,000,000500,000) and the proposed Advance Date (which shall be a Business Day). Each Borrowing requested pursuant to a Borrowing Request , and shall include such other information as may be in required by the form of a Swing Line Advance until such Swing Line Advance is repaid or otherwise refinanced in accordance with Section 2.01(b)(iii) or (b)(iv)Lenders and the Administrative Agent. The Administrative Agent shall review the pro forma calculation of the Borrowing Base Certificate delivered in connection with each Borrowing Request to confirm whether a Funding Excess exists or would exist after giving effect to the Borrowing requested in the related Borrowing Request. If If, in connection with such review, the Administrative Agent determines that a Funding Excess exists or would exist after giving effect to the Borrowing requested in the related Borrowing Request, the Administrative Agent shall promptly notify the Borrower and each Lender thereof. Unless a LIBOR Rate Disruption Event shall have occurred, each Advance shall be a LIBOR Rate Advance. Notwithstanding anything herein to the contrary, if the Swing Line Lender has elected not to make any portion of a Swing Line Advance pursuant to the proviso to the first sentence of Section 2.01(b), such portion of the requested Borrowing will be funded as a Revolving Credit Advance.

Borrowing Requests. Except for a (i) The Borrower shall request for a Borrowing made under Section 2.01(b)(iiihereunder by submitting to the Program Agent and each Managing Agent a written notice, substantially in the form of Exhibit B (each, a “Borrowing Request”) at least two (2) Business Days prior to the date of the proposed Borrowing (each, a “Borrowing Date”), each provided, however, that the Borrower may request a Loan from the Conduit Lenders by delivering a Borrowing Request must be made by the Borrower to the Administrative Agent in writing so that it is received no later than 11:00 a.m. 12:00 noon (New York City time) on the Business Day of before the proposed Advance Borrowing Date, and provided further, however, that if the Conduit Lenders have declined to fund any Borrowing Request and the Borrower is requesting that all Loans to be made on such Borrowing Date set forth thereinaccrue Interest at the Base Rate, the Borrower shall submit such Borrowing Request not later than 12:00 noon (New York City time) on the Borrowing Date. Each request for Promptly after its receipt thereof, each Managing Agent shall promptly forward a copy of each Borrowing (a “Borrowing Request”) shall (i) be substantially Request to the Lenders in the form of Exhibit 2.03(a), its Lender Group. (ii) be irrevocable and Each Borrowing Request shall: (iiiA) specify (1) the amount of the requested Borrowing and the allocation of such amount among the Lender Groups (which shall be in a minimum amount of $1,000,000) and proportional to the proposed Advance Date (which shall be a Business Day). Each Borrowing requested pursuant to a Borrowing Request shall be in the form of a Swing Line Advance until such Swing Line Advance is repaid or otherwise refinanced in accordance with Section 2.01(b)(iii) or (b)(iv). The Administrative Agent shall review the pro forma calculation respective Conduit Lending Limits of the Conduit Lenders in each Lender Group), (2) the Aggregate Principal Balance after giving effect to such Borrowing, (3) the desired Borrowing Base delivered in connection with each Date, and (4) the account of the Borrower to which the proceeds of such Borrowing Request are to confirm whether a Funding Excess exists or would exist be remitted, and (B) certify that, after giving effect to the proposed Borrowing, no Borrowing requested in the related Borrowing Request. If a Funding Excess exists or Base Deficiency would exist after giving effect to the Borrowing requested in the related Borrowing Request, the Administrative Agent shall promptly notify the Borrower and each Lender thereof. Unless a LIBOR Rate Disruption Event shall have occurred, each Advance shall be a LIBOR Rate Advance. Notwithstanding anything herein to the contrary, if the Swing Line Lender has elected not to make any portion of a Swing Line Advance pursuant to the proviso to the first sentence of Section 2.01(b), such portion of the requested Borrowing will be funded as a Revolving Credit Advanceexist.