Common use of Designated Borrower Joinder Agreement; Designated Borrower Notice Clause in Contracts

Designated Borrower Joinder Agreement; Designated Borrower Notice. (i) The Company may at any time, upon not less than 15 Business Days’ notice from the Company to the Administrative Agent, designate any Domestic Subsidiary or any Eligible Foreign Subsidiary of the Company (an “Applicant Borrower”) as a “Designated Borrower” to receive Committed Loans hereunder by delivering to the Administrative Agent (which shall promptly deliver counterparts thereof to each Lender) a duly executed agreement in substantially the form of Exhibit G (a “Designated Borrower Joinder Agreement”) and setting out the proposed Designated Borrower Sublimit with respect to such Designated Borrower; provided that (x) there shall be no more than ten Designated Borrowers designated hereunder at any time, (y) after giving effect to such Designated Borrower and its Designated Borrower Sublimit and any repayment of Loans by the Company made prior to the effectiveness of such Designated Borrower, the Outstanding Amount of all Loans and L/C Obligations under the Company Sublimit shall not exceed the Company Sublimit then in effect, and (z) after giving effect to such Designated Borrower and its Designated Borrower Sublimit, the aggregate amount of the Designated Borrower Sublimits shall not exceed the Aggregate Commitments less the Outstanding Amount of all Loans and L/C Obligations under the Company Sublimit at such time. Within ten Business Days of receipt of such Designated Borrower Joinder Agreement, (A) each Lender that is not legally able through its Lending Office to lend to such Designated Borrower (as to such Designated Borrower, each a “Non-Participating Lender”) shall provide written notice of such fact to the Administrative Agent, and (B) each Lender that is legally able through its Lending Office to lend to such Designated Borrower (as to such Designated Borrower, each a “Participating Lender”) shall provide written notice of such fact to the Administrative Agent.

Designated Borrower Joinder Agreement; Designated Borrower Notice. (i) The Company may at any time, upon not less than 15 Business Days’ notice from the Company to the Administrative AgentAgent (or such shorter period, which shall not be less than five Business Days’, as may be agreed by the Administrative Agent in its sole discretion), designate any Domestic Subsidiary or any Eligible Foreign Subsidiary of the Company (an “Applicant Borrower”) as a “Designated Borrower” to receive Committed Loans hereunder by delivering to the Administrative Agent (which shall promptly deliver counterparts thereof to each Lender) a duly executed agreement in substantially the form of Exhibit G (a “Designated Borrower Joinder Agreement”) and setting out the proposed Designated Borrower Sublimit with respect to such Designated Borrower; provided that (x) there shall be no more than ten Designated Borrowers designated hereunder at any time, (y) after giving effect to such Designated Borrower and its Designated Borrower Sublimit and any repayment of Loans by the Company made prior to the effectiveness of such Designated Borrower, the Outstanding Amount of all Loans and L/C Obligations under the Company Sublimit shall not exceed the Company Sublimit then in effect, and (z) after giving effect to such Designated Borrower and its Designated Borrower Sublimit, the aggregate amount of the Designated Borrower Sublimits shall not exceed the Aggregate Commitments less the Outstanding Amount of all Loans and L/C Obligations under the Company Sublimit at such time. Within ten Business Days of receipt of such Designated Borrower Joinder Agreement, (A) each Lender that is not legally able through its Lending Office to lend to such Designated Borrower (as to such Designated Borrower, each a “Non-Participating Lender”) shall provide written notice of such fact to the Administrative Agent, and (B) each Lender that is legally able through its Lending Office to lend to such Designated Borrower (as to such Designated Borrower, each a “Participating Lender”) shall provide written notice of such fact to the Administrative Agent.