Filo Term Loans Sample Clauses
Filo Term Loans. Each FILO Team Loan Lender shall make its FILO Term Loan to be made by it on the Third Restatement Date by wire transfer of immediately available funds by 2:00 p.m., New York City time, to the account of the Administrative Agent in an amount equal to such FILO Term Loan Lender’s Applicable Percentage of the FILO Term Loans to be made. The Administrative Agent will make such Loans available to the Borrower Representative by promptly crediting the amounts so received, in like funds, to the Funding Account(s) or shall wire such proceeds to such recipient as directed by the Borrower Representative.
Filo Term Loans. To request a Borrowing of FILO Term Loans on the Third Restatement Date, Office Depot shall notify the Administrative Agent of such request either in writing (delivered by hand or facsimile) in a form approved by the Administrative Agent and signed by Office Depot or through an Electronic System if arrangements for doing so have been approved by the Administrative Agent (or if an Extenuating Circumstance shall exist, by telephone), as follows:
(i) in the case of an ABR Borrowing, not later than 12:00 p.m., New York City time on the Third Restatement Date, and
(ii) in the case of a Eurocurrency Borrowing, not later than 10:00 a.m., New York City time, one Business Day before the Third Restatement Date. Each telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly (or immediately upon the cessation of any Extenuating Circumstance pursuant to clause (a) of the definition thereof) by hand delivery or facsimile or a communication through an Electronic System of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower Representative (or the Borrower making such request). Each such telephonic and written Borrowing Request (including requests submitted through an Electronic System) shall specify the following information in compliance with Section 2.01:
(i) the aggregate amount of the requested Borrowing and a breakdown of the separate wires comprising such Borrowing;
(ii) the date of such Borrowing, which shall be a Business Day;
(iii) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Borrowing; and
(iv) in the case of a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period.” If no election as to the Type of Borrowing of FILO Term Loans is specified, then such Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Borrowing of FILO Term Loans on the Third Restatement Date, then the 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 applicable Lender of the details thereof and of the amount of such ▇▇▇▇▇▇’s Loan to be made as part of the requested Borrowing.
Filo Term Loans