Common use of Funding Notices Clause in Contracts

Funding Notices. (a) Whenever the Borrower desires to make a Base Rate Borrowing or a Eurodollar Borrowing under the Revolving Commitment (other than one resulting from a continuation or conversion pursuant to Section 3.6(b)), it shall give the Agent prior written notice (or telephonic notice promptly confirmed in writing) of such Borrowing (a "Notice of Borrowing"), such Notice of Borrowing to be given prior to 11:00 A.M. (New York, New York time) (x) on the Business Day of the requested date of such Borrowing in the case of Base Rate Advances, and (y) two Business Days prior to the requested date of such Borrowing in the case of Eurodollar Advances. Notices received after 11:00 A.M. (New York, New York time) shall be deemed received on the next Business Day. Each Notice of Borrowing shall be irrevocable, shall be substantially in the form of Exhibit C attached to this Agreement, and shall specify (A) the aggregate principal amount of the Borrowing, (B) the date of Borrowing (which shall be a Business Day), and (C) whether the Borrowing is to consist of Base Rate Advances or Eurodollar Advances and, in the case of Eurodollar Advances, the Interest Period to be applicable thereto.

Appears in 2 contracts

Samples: Credit Agreement (Gold Kist Inc), Credit Agreement (Gold Kist Inc)

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Funding Notices. (a) (i) Whenever the Borrower Intermet desires to make obtain a Base Rate Borrowing or a Eurodollar Borrowing under Syndicated Loan with respect to the Revolving Commitment Commitments (other than one resulting from a conversion or continuation or conversion pursuant to Section 3.6(b3.01(b)(i)), it shall give the Agent prior written notice (or telephonic notice promptly confirmed in writing) of such Borrowing (a "Notice of Borrowing"), such Notice of Borrowing to be given prior to 11:00 A.M. AM (New York, New York timelocal time for the Agent) at its Payment Office (x) on the Business Day of the requested date of such Borrowing in the case of Base Rate Advances, and (y) two three Business Days prior to the requested date of such Borrowing in the case of Eurodollar Advances, and (y) on the date of such Borrowing (which shall be a Business Day) in the case of a Borrowing consisting of Overnight Rate Advances or Base Rate Advances. Notices received after 11:00 A.M. (New York, New York time) AM shall be deemed received on the next Business Day. Each Notice of Borrowing shall be irrevocable, shall be substantially in the form of Exhibit C attached to this Agreement, irrevocable and shall specify (A) the aggregate principal amount of the Borrowing, (B) the date of Borrowing (which shall be a Business Day), and (C) whether the Borrowing is to consist of Base Rate Advances, Overnight Rate Advances or Eurodollar Advances and, and (in the case of Eurodollar Advances, ) the Interest Period to be applicable thereto.

Appears in 2 contracts

Samples: Subsidiary Guaranty Agreement (Intermet Corp), Credit Agreement (I M Acquisition Corp)

Funding Notices. (a) (i) Whenever the Borrower desires to make a Base Rate Borrowing or a Eurodollar Borrowing under of Revolving Loans with respect to the Revolving Commitment Credit Commitments (other than one resulting from a conversion or continuation or conversion pursuant to Section 3.6(b4.1.(b)), it shall give the Agent prior written notice (or telephonic notice promptly confirmed in writing) of such Borrowing (a "Notice of Borrowing"), such Notice of Borrowing to be given at Agent's Payment Office (x) prior to 11:00 A.M. (New York, New York time) (xlocal time for the Agent) on the Business Day of which is the requested date of such Borrowing in the case of Base Rate Advances, and (y) two prior to 12:00 noon (local time for the Agent) three Business Days prior to the requested date of such Borrowing in the case of Eurodollar Advances. Notices received after 11:00 A.M. (New York, New York time) 12:00 noon shall be deemed received on the next Business Day. Each Notice of Borrowing shall be irrevocable, shall be substantially in the form of Exhibit C attached to this Agreement, irrevocable and shall specify (A) the aggregate principal amount of the Borrowing, (B) the date of Borrowing (which shall be a Business Day), and (C) whether the Borrowing is to consist of Base Rate Advances or Eurodollar Advances and, and (in the case of Eurodollar Advances, ) the Interest Period to be applicable thereto.

Appears in 2 contracts

Samples: Credit Agreement (Rock Tenn Co), Credit Agreement (Rock Tenn Co)

Funding Notices. (a1) (i) Whenever the Borrower desires to make a Base Rate Borrowing or a Eurodollar Borrowing of Syndicate Loans under the Revolving Commitment its Line of Credit Commitments (other than one resulting from a conversion or continuation or conversion pursuant to Section 3.6(b3.01(b)(i)), it shall give the Administrative Agent prior written notice (or telephonic notice promptly confirmed in writing) of such Borrowing (a "Notice of Borrowing"), ) at its Payment Office such Notice of Borrowing to be given prior to (x) 11:00 A.M. (New York, New York timelocal time for the Administrative Agent) one (x1) on the Business Day of prior to the requested date of such Borrowing in the case of Base Rate Advances, and (y) two 11:00 A.M. (local time for the Administrative Agent) three (3) Business Days prior to the requested date of such Borrowing in the case of Eurodollar Advances and (z) prior to 1:00 P.M. (local time for the Administrative Agent) on the requested date of such Borrowing in the case of Competitive Bid Advances. Notices received after 11:00 A.M. (New York, New York time) for Base Rate Advances and Eurodollar Advances and 1:00 P.M. for Competitive Bid Advances shall be deemed received on the next Business Day. Each Notice of Borrowing shall be irrevocable, shall be substantially in the form of Exhibit C attached to this Agreement, irrevocable and shall specify (A) the aggregate principal amount of the Borrowing, (B) the date of Borrowing (which shall be a Business Day), and (C) whether the Borrowing is to consist of Base Rate Advances or Eurodollar Advances and, and (in the case of Eurodollar Advances, ) the Interest Period to be applicable thereto.

Appears in 2 contracts

Samples: Credit Agreement (Hughes Supply Inc), Credit Agreement (Hughes Supply Inc)

Funding Notices. (a) (i) Whenever the Borrower desires to make a Base Rate Borrowing or a Eurodollar Borrowing of Syndicate Loans under the its Revolving Commitment Loan Commitments (other than one resulting from a conversion or continuation or conversion pursuant to Section 3.6(b3.01(b)(i)), it shall give the Administrative Agent prior written notice (or telephonic notice promptly confirmed in writing) of such Borrowing (a "Notice of Borrowing"), ) at its Payment Office such Notice of Borrowing to be given prior to 11:00 A.M. (New York, New York time) (x) on I 1:00 A.M. (local time for the Administrative Agent) one (1) Business Day of prior to the requested date of such Borrowing in the case of Base Rate Advances, and (y) two 11:00 A.M. (local time for the Administrative Agent) three (3) Business Days prior to the requested date of such Borrowing in the case of Eurodollar Advances and (z) prior to 1:00 P.M. (local time for the Administrative Agent) on the requested date of such Borrowing in the case of Competitive Bid Advances. Notices received after 11:00 1 1:00 A.M. (New York, New York time) for Base Rate Advances and Eurodollar Advances and 1:00 P.M. for Competitive Bid Advances shall be deemed received on the next Business Day. Each Notice of Borrowing shall be irrevocable, shall be substantially in the form of Exhibit C attached to this Agreement, irrevocable and shall specify (A) the aggregate principal amount of the Borrowing, (B) the date of Borrowing (which shall be a Business Day), and (C) whether the Borrowing is to consist of Base Rate Advances or Eurodollar Advances and, and (in the case of Eurodollar Advances, ) the Interest Period to be applicable thereto.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Hughes Supply Inc), Revolving Credit Agreement (Hughes Supply Inc)

Funding Notices. (a) Whenever the Borrower desires to make a Base Rate Borrowing or a Eurodollar Borrowing under the Revolving Commitment Commitments (other than one resulting from a continuation or conversion pursuant to Section 3.6(b3.5(c) or (d)), it shall give the Agent prior written notice (or telephonic notice promptly confirmed in writing) of such Borrowing (a "β€œNotice of Borrowing"”), such Notice of Borrowing to be given prior to 11:00 A.M. (New York, New York time) (x) on the Business Day of the requested date of such Borrowing in the case of Base Rate Advances, and (y) two 2 Business Days prior to the requested date of such Borrowing in the case of Eurodollar Advances. Notices received after 11:00 A.M. (New York, New York time) shall be deemed received on the next Business Day. Each Notice of Borrowing shall be irrevocable, shall be substantially in the form of Exhibit C attached to this AgreementB, and shall specify (A) the aggregate principal amount of the Borrowing, (B) the date of Borrowing (which shall be a Business Day), and (C) whether the Borrowing is to consist of Base Rate Advances or Eurodollar Advances and, in the case of Eurodollar Advances, the Interest Period to be applicable thereto.

Appears in 2 contracts

Samples: Credit Agreement (Gold Kist Inc.), Credit Agreement (Gold Kist Inc)

Funding Notices. (a) Whenever the Borrower desires to make a Base Rate Borrowing or a Eurodollar Borrowing under with respect to the Revolving Commitment Credit Commitments (other than one resulting from a conversion or continuation or conversion pursuant to Section 3.6(b3.01(b)), it shall give the Agent prior written notice (or telephonic notice promptly confirmed in writing) of such Borrowing substantially in the form of Exhibit B, with appropriate insertions (a "Notice of Borrowing"), such Notice of Borrowing to be given at its Payment Office (x) prior to 11:00 A.M. (New York, New York time) (xlocal time for the Agent) on the Business Day of which is the requested date of such Borrowing in the case of Base Rate Advances, and (y) two prior to 12:00 noon (local time for the Agent) three Business Days prior to the requested date of such Borrowing in the case of Eurodollar Advances. Notices received after 11:00 A.M. (New York, New York time) 12:00 noon shall be deemed received on the next Business Day. Each Notice of Borrowing shall be irrevocable, shall be substantially in the form of Exhibit C attached to this Agreement, irrevocable and shall specify (A) the aggregate principal amount of the Borrowing, (B) the date of Borrowing (which shall be a Business Day), and (C) whether the Borrowing is to consist of Base Rate Advances or Eurodollar Advances and, and (in the case of Eurodollar Advances, ) the Interest Period to be applicable thereto.

Appears in 1 contract

Samples: Note Assignment Agreement (Fuqua Enterprises Inc)

Funding Notices. (a) (i) Whenever the Borrower desires to make a Base Rate Borrowing or a Eurodollar Borrowing under of Revolving Loans with respect to the Revolving Commitment Loan Commitments (other than one resulting from a conversion or continuation or conversion pursuant to Section 3.6(bSECTION 4.01(b)), it shall give the Administrative Agent prior written notice (or telephonic notice promptly confirmed in writing) of such Borrowing (a "Notice of Revolving Borrowing"), such Notice of Revolving Borrowing to be given prior to 11:00 A.M. (New York, New York time) at its Payment Office (x) prior to 12:00 noon (local time for the Administrative Agent) on the Business Day of the requested date of such requested Borrowing in the case of Base Rate Advances, and (y) two prior to 2:00 p.m. (local time for the Administrative Agent) three Business Days prior to the requested date of such Borrowing in the case of Eurodollar Advances and Secondary C/D Rate Advances. Notices received after 11:00 A.M. (New York, New York time) the times set forth above shall be deemed received on the next Business Day. Each Notice of Revolving Borrowing shall be irrevocable, shall be substantially in the form of Exhibit C attached to this Agreement, irrevocable and shall specify (A) the aggregate principal amount of the Borrowing, (B) the date of Borrowing (which shall be a Business Day), and (C) whether the Borrowing is to consist of Base Rate Advances, Secondary C/D Rate Advances or Eurodollar Advances and, and (in the case of Eurodollar Fixed Rate Advances, ) the Interest Period to be applicable thereto.

Appears in 1 contract

Samples: Credit Agreement (Dixie Group Inc)

Funding Notices. (a) Whenever the Borrower desires to make a Base Rate Borrowing or a Eurodollar Borrowing under the Revolving 364-Day Line of Credit Commitment (other than one resulting from a continuation or conversion pursuant to Section 3.6(b)), it shall give the Agent prior written notice (or telephonic notice promptly confirmed in writing) of such Borrowing (a "Notice of Borrowing"), such Notice of Borrowing to be given prior to 11:00 A.M. (New YorkAtlanta, New York Georgia time) (x) on the Business Day of the requested date of such Borrowing in the case of Base Rate Advances, and (y) two Business Days prior to the requested date of such Borrowing in the case of Eurodollar Advances. Notices received after 11:00 A.M. (New YorkAtlanta, New York Georgia time) shall be deemed received on the next Business Day. Each Notice of Borrowing shall be irrevocable, shall be substantially in the form of Exhibit C attached to this Agreement, and shall specify (A) the aggregate principal amount of the Borrowing, (B) the date of Borrowing (which shall be a Business Day), and (C) whether the Borrowing is to consist of Base Rate Advances or Eurodollar Advances and, in the case of Eurodollar Advances, the Interest Period to be applicable thereto.

Appears in 1 contract

Samples: Credit Agreement (Gold Kist Inc)

Funding Notices. (a) (i) Whenever the Borrower desires to make a Base Rate Borrowing with respect to the Term Loans or a Eurodollar Borrowing under the Revolving Commitment Loan Commitments (other than one resulting from a conversion or continuation or conversion pursuant to Section 3.6(b4.01(b)(i)), it shall give the Agent prior written notice (or telephonic notice promptly confirmed in writing) of such Borrowing (a "Notice of Borrowing"), such Notice of Borrowing ------------------- to be given prior to 11:00 A.M. (New York, New York timelocal time for the Agent) at the Payment Office of the Agent (x) on the one Business Day of prior to the requested date of such Borrowing in the case of Base Rate Advances, and (y) two three Business Days prior to the requested date of such Borrowing in the case of Eurodollar Advances. Notices received after 11:00 A.M. (New York, New York time) shall be deemed received on the next Business Day. Each Notice of Borrowing shall be irrevocable, shall be substantially in the form of Exhibit C attached to this Agreement, irrevocable and shall specify (A) the aggregate principal amount of the Borrowing, (B) the date of Borrowing (which shall be a Business Day), and (C) whether the Borrowing is to consist of Base Rate Advances or Eurodollar Advances and, and (in the case of Eurodollar Advances, ) the Interest Period to be applicable thereto.

Appears in 1 contract

Samples: Credit Agreement (Morrison Restaurants Inc/)

Funding Notices. (a) Whenever the Borrower desires to make a Base Rate Borrowing or a Eurodollar Borrowing under the Revolving Commitment (other than one resulting from a continuation or conversion pursuant to Section 3.6(b)), it shall give the Agent prior written notice (or telephonic notice promptly confirmed in writing) of such Borrowing (a "Notice of Borrowing"), such Notice of Borrowing to be given prior to 11:00 A.M. (New York, New York time) (x) on the Business Day of the requested date of such Borrowing in the case of Base Rate AdvancesLoans, and (y) two Business Days prior to the requested date of such Borrowing in the case of Eurodollar AdvancesLoans. Notices received after 11:00 A.M. (New York, New York time) shall be deemed received on the next Business Day. Each Notice of Borrowing shall be irrevocable, shall be substantially in the form of Exhibit C F attached to this Agreement, and shall specify (A) the aggregate principal amount of the Borrowing, (B) the date of Borrowing (which shall be a Business Day), and (C) whether the Borrowing is to consist of Base Rate Advances Loans or Eurodollar Advances Loans and, in the case of Eurodollar AdvancesLoans, the Interest Period to be applicable thereto.

Appears in 1 contract

Samples: Credit Agreement (Gold Kist Inc)

Funding Notices. (a) (i) Whenever the Borrower desires to make a Base Rate Borrowing or a Eurodollar Borrowing under with respect to the Revolving Commitment Commitments (other than one resulting from a conversion or continuation or conversion pursuant to Section 3.6(b3.01(b)(i)), it shall give the Agent prior written notice (or telephonic notice promptly confirmed in writing) of such Borrowing (a "Notice of Borrowing"), such Notice of Borrowing to be given prior to 11:00 A.M. 12:00 noon (New York, New York timelocal time for the Agent) at the Payment Office of the Agent (x) on the one Business Day of prior to the requested date of such Borrowing in the case of Base Rate Advances, and (y) two three Business Days prior to the requested date of such Borrowing in the case of Eurodollar Advances. Notices received after 11:00 A.M. (New York, New York time) 12:00 noon shall be deemed received on the next Business Day. Each Notice of Borrowing shall be irrevocable, shall be substantially in the form of Exhibit C attached to this Agreement, irrevocable and shall specify (A) the aggregate principal amount of the Borrowing, (B) the date of Borrowing (which shall be a Business Day), and (C) whether the Borrowing is to consist of Base Rate Advances or Eurodollar Advances and, and (in the case of Eurodollar Advances, ) the Interest Period to be applicable thereto.

Appears in 1 contract

Samples: Credit Agreement (Morrison Health Care Inc)

Funding Notices. (a) (i) Whenever the Borrower Intermet desires to make a Base Rate Borrowing or a Eurodollar Borrowing under with respect to the Revolving Commitment Loan Commitments (other than one resulting from a conversion or continuation or conversion pursuant to Section 3.6(b5.01(b)(i)), it shall give the Agent prior written notice (or telephonic notice promptly confirmed in writing) of such Borrowing (a "Notice of Borrowing"), such Notice of Borrowing to be given prior to 11:00 A.M. AM (New York, New York timelocal time for the Agent) at its Payment Office (x) on the one Business Day of prior to the requested date of such Borrowing in the case of Base Rate Advances, and (y) two three Business Days prior to the requested date of such Borrowing in the case of Eurodollar Advances. Notices received after 11:00 A.M. (New York, New York time) AM shall be deemed received on the next Business Day. Each Notice of Borrowing shall be irrevocable, shall be substantially in the form of Exhibit C attached to this Agreement, irrevocable and shall specify (A) the aggregate principal amount of the Borrowing, (B) the date of Borrowing (which shall be a Business Day), and (C) whether the Borrowing is to consist of Base Rate Advances or Eurodollar Advances and, and (in the case of Eurodollar Advances, ) the Interest Period to be applicable thereto.

Appears in 1 contract

Samples: Credit Agreement (Intermet Corp)

Funding Notices. (a) (i) Whenever the Borrower desires to make a Base Rate Borrowing or a Eurodollar Borrowing under of Revolving Loans with respect to the Revolving Commitment Credit Commitments (other than one resulting from a conversion or continuation or conversion pursuant to Section 3.6(b4.1.(b)), it shall give the Agent prior written notice (or telephonic notice promptly confirmed in writing) of such Borrowing substantially in the form attached as Exhibit "D" attached hereto (a "Notice of Revolving Borrowing"), such Notice of Revolving Borrowing to be given at Agent's Payment Office (x) prior to 11:00 A.M. (New York, New York time) (xlocal time for the Agent) on the Business Day of which is the requested date of such Borrowing in the case of Base Rate Advances, and (y) two prior to 12:00 noon (local time for the Agent) three Business Days prior to the requested date of such Borrowing in the case of Eurodollar Advances. Notices received after 11:00 A.M. (New York, New York time) 12:00 noon shall be deemed received on the next Business Day. Each Notice of Revolving Borrowing shall be irrevocable, shall be substantially in the form of Exhibit C attached to this Agreement, irrevocable and shall specify (A) the aggregate principal amount of the Borrowing, (B) the date of Borrowing (which shall be a Business Day), and (C) whether the Borrowing is to consist of Base Rate Advances or Eurodollar Advances and, and (in the case of Eurodollar Advances, ) the Interest Period to be applicable thereto.

Appears in 1 contract

Samples: Credit Agreement (Rock Tenn Co)

Funding Notices. (a) Whenever the Borrower desires to make a Base Rate Borrowing or a Eurodollar Borrowing under the Revolving 364-Day Line of Credit Commitment (other than one resulting from a continuation or conversion pursuant to Section 3.6(b)), it shall give the Agent prior written notice (or telephonic notice promptly confirmed in writing) of such Borrowing (a "Notice of Borrowing"), such Notice of Borrowing to be given prior to 11:00 A.M. (New York, New York time) (x) on the Business Day of the requested date of such Borrowing in the case of Base Rate Advances, and (y) two Business Days prior to the requested date of such Borrowing in the case of Eurodollar Advances. Notices received after 11:00 A.M. (New York, New York time) shall be deemed received on the next Business Day. Each Notice of Borrowing shall be irrevocable, shall be substantially in the form of Exhibit C attached to this Agreement, and shall specify (A) the aggregate principal amount of the Borrowing, (B) the date of Borrowing (which shall be a Business Day), and (C) whether the Borrowing is to consist of Base Rate Advances or Eurodollar Advances and, in the case of Eurodollar Advances, the Interest Period to be applicable thereto.

Appears in 1 contract

Samples: Credit Agreement (Gold Kist Inc)

Funding Notices. (a) Whenever the Borrower desires to make a Base Rate Borrowing or a Eurodollar Borrowing under with respect to the Revolving Commitment Loan Commitments (other than one resulting from a continuation or conversion Swingline Advance pursuant to Section 3.6(b2.5 or a conversion or continuation pursuant to Section 4.1(b)), it shall give the Agent prior written notice (or telephonic notice if by telephone, promptly confirmed in writing) of such Borrowing (a "Notice of Borrowing"), such Notice of Borrowing to be given prior to 11:00 A.M. (New York, New York timelocal time for the Agent) at its Payment Office (xi) on the one Business Day of prior to the requested date of such Borrowing in the case of Revolving Loans comprised of Base Rate Advances, and (yii) two three Business Days prior to the requested date of such Borrowing in the case of Eurodollar LIBOR Advances. Notices received after 11:00 A.M. (New York, New York time) shall be deemed received on the next Business Day. Each Notice of Borrowing shall be irrevocable, shall be substantially in the form of Exhibit C attached to this Agreement, irrevocable and shall specify (A) the aggregate principal amount of the Borrowing, (B) the date of Borrowing (which shall be a Business Day), and (C) whether the Borrowing is to consist of Base Rate Advances or Eurodollar LIBOR Advances and, and (in the case of Eurodollar LIBOR Advances, ) the Interest Period to be applicable thereto. Swingline Advances shall be made by SunTrust from time to time upon such terms and conditions as may be mutually agreed upon by and between the Borrower and SunTrust from time to time for each such Swingline Loan.

Appears in 1 contract

Samples: Revolving Credit Agreement (Discount Auto Parts Inc)

Funding Notices. (a) (i) Whenever the any Revolving Borrower desires to make a Base Rate Borrowing or a Eurodollar Borrowing under of Revolving Loans with respect to the Revolving Commitment Loan Commitments (other than one resulting from a conversion or continuation or conversion pursuant to Section 3.6(b4.01(b)), it shall give the Agent prior written notice (or telephonic notice promptly confirmed in writing) of such Borrowing (a "Notice of Revolving Borrowing"), such Notice of Revolving Borrowing to be given at its Payment Office prior to 11:00 A.M. 12:00 noon (New York, New York timelocal time for the Agent) (x) on the one Business Day of prior to the requested date of such Borrowing in the case of Base Rate Advances, and (y) two three Business Days prior to the requested date of such Borrowing in the case of Eurodollar Advances. Notices received after 11:00 A.M. (New York, New York time) 12:00 noon shall be deemed received on the next Business Day. Each Notice of Revolving Borrowing shall be irrevocable, shall be substantially in the form of Exhibit C attached to this Agreement, irrevocable and shall specify (A) the aggregate principal amount of the Borrowing, (B) the date of Borrowing (which shall be a Business Day), and (C) whether the Borrowing is to consist of Base Rate Advances or Eurodollar Advances and, and (in the case of Eurodollar Advances, ) the Interest Period to be applicable thereto, and the Revolving Borrower for whom the proceeds of such Borrowing are requested.

Appears in 1 contract

Samples: Contribution Agreement (Dyersburg Corp)

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Funding Notices. (a) (i) Whenever the Borrower desires to make a Base Rate Borrowing or a Eurodollar Borrowing under the consisting of Syndicate Revolving Commitment Loans (other than one resulting from a conversion or continuation or conversion pursuant to Section 3.6(bSECTION 3.1(b)(i)), it shall give the Administrative Agent prior written notice (or telephonic notice promptly confirmed in writing) of such Borrowing (a "Notice of Borrowing"), such Notice of Borrowing to be given prior to 11:00 A.M. 12:00 noon (New York, New York Florida time) at its Payment Office (xA) on the same Business Day of the requested date of such Borrowing in the case of Revolving Loans comprised of Base Rate Advances, and (yB) two three Business Days prior to the requested date of such Borrowing in the case of Eurodollar Advances. Notices received after 11:00 A.M. (New York, New York time) 12:00 noon shall be deemed received on the next Business Day. Each Notice of Borrowing shall be irrevocable, shall be substantially in the form of Exhibit C attached to this Agreement, irrevocable and shall specify (A) the aggregate principal amount of the Borrowing, (B) the date of Borrowing (which shall be a Business Day), and (C) whether the Borrowing is to consist of Base Rate Advances or Eurodollar Advances and, and (in the case of Eurodollar Advances, ) the Interest Period to be applicable thereto.

Appears in 1 contract

Samples: Day Revolving Credit Agreement (Office Depot Inc)

Funding Notices. (a) (i) Whenever the Borrower desires to make a Base Rate Borrowing consisting of Syndicate Revolving Loans or a Eurodollar Borrowing under the Revolving Commitment Line of Credit Loan (other than one resulting from a conversion or continuation or conversion pursuant to Section 3.6(b4.1(b)(i)), it shall give the Administrative Agent prior written notice (or telephonic notice promptly confirmed in writing) of such Borrowing (a "Notice of Borrowing"), such Notice of Borrowing to be given prior to 11:00 A.M. 12:00 noon (New York, New York timelocal time for the Administrative Agent) at its Payment Office (xA) on the same Business Day of the requested date of such Borrowing in the case of Revolving Loans comprised of Base Rate Advances, and (yB) two three Business Days prior to the requested date of such Borrowing in the case of Eurodollar Advances, and (C) the same Business Day of the requested date of such Borrowing in the case of Line of Credit Loans. Notices received after 11:00 A.M. (New York, New York time) 12:00 noon shall be deemed received on the next Business Day. Each Notice of Borrowing shall be irrevocable, shall be substantially in the form of Exhibit C attached to this Agreement, irrevocable and shall specify (A) whether such Borrowing will be a Syndicate Revolving Loan or Line of Credit Loan, the aggregate principal amount of the Borrowing, (B) the date of Borrowing (which shall be a Business Day), and (C) if the Borrowing is a Syndicate Revolving Loan, whether the Borrowing is to consist of Base Rate Advances or Eurodollar Advances and, and (in the case of Eurodollar Advances, ) the Interest Period to be applicable thereto.

Appears in 1 contract

Samples: Credit Agreement (Office Depot Inc)

Funding Notices. (a) (i) Whenever the Borrower desires to make a Base Rate Borrowing or a Eurodollar Borrowing under with respect to the Revolving Commitment Loan Commitments (other than one resulting from a conversion or continuation or conversion pursuant to Section 3.6(b3.01(b)(i)), it shall give the Agent prior written notice (or telephonic notice promptly confirmed in writing) of such Borrowing (a "Notice of Borrowing"), such Notice of Borrowing to be given prior ------------------- to 11:00 A.M. (New York, New York timelocal time for the Agent) at the Payment Office of the Agent (x) on the Business Day of which is the requested date of such Borrowing in the case of Base Rate Advances, and (y) two three Business Days prior to the requested date of such Borrowing in the case of Eurodollar Advances. Notices received after 11:00 A.M. (New York, New York time) shall be deemed received on the next Business Day. Each Notice of Borrowing shall be irrevocable, shall be substantially in the form of Exhibit C attached to this Agreement, irrevocable and shall specify (A) the aggregate principal amount of the Borrowing, (B) the date of Borrowing (which shall be a Business Day), and (C) whether the Borrowing is to consist of Base Rate Advances or Eurodollar Advances and, and (in the case of Eurodollar Advances, ) the Interest Period to be applicable thereto.

Appears in 1 contract

Samples: Credit Agreement (Krystal Company)

Funding Notices. (a) Whenever the Borrower desires to make a Base Rate Borrowing or a Eurodollar Borrowing under with respect to the Syndicate Revolving Commitment Loan Commitments (other than one resulting from a conversion or continuation or conversion pursuant to Section 3.6(b))4.1(c) or a Multicurrency Loan, it shall give the Agent at its Payment Office prior written notice (or telephonic notice promptly confirmed in writing) of such Borrowing (a "Notice of Borrowing"), such Notice of Borrowing to be given prior to (i) 11:00 A.M. a.m. (New York, New York timelocal time for the Agent) (x) on the same Business Day of the requested date of such Borrowing in the case of Revolving Loans comprised of Base Rate Advances, and (yi) two 11:00 a.m. (local time for the Agent) three (3) Business Days prior to the requested date of such Borrowing in the case of Eurodollar LIBOR Advances. Notices received after 11:00 A.M. (New York, New York time) the above times shall be deemed received on the next Business Day. Each Notice of Borrowing shall be irrevocable, shall be substantially in the form of Exhibit C attached to this Agreement, irrevocable and shall specify (A) that such Borrowing will be a Revolving Loan, the aggregate principal amount of the Borrowing, (B) the date of Borrowing (which shall be a Business Day), and (C) whether the Borrowing is to consist of Base Rate Advances or Eurodollar LIBOR Advances and, and (in the case of Eurodollar LIBOR Advances, ) the Interest Period to be applicable thereto.

Appears in 1 contract

Samples: Credit and Term Loan Agreement (Planet Hollywood International Inc)

Funding Notices. (a) Whenever the Borrower Intermet desires to make obtain a Base Rate Borrowing or a Eurodollar Borrowing under Syndicated Loan with respect to the Revolving Commitment Commitments (other than one resulting from a conversion or continuation or conversion pursuant to Section 3.6(b3.01(b)), it shall give the Administrative Agent prior written notice (or telephonic notice promptly confirmed in writing) of such Borrowing (a "duly completed Notice of Borrowing")Borrowing in the form of Exhibit D-1 attached hereto, such Notice of Borrowing to be given prior to 11:00 A.M. AM (New York, New York timelocal time for the Administrative Agent) at its Payment Office (x) on the Business Day of the requested date of such Borrowing in the case of Base Rate Advances, and (y) two three Business Days prior to the requested date of such Borrowing in the case of Eurodollar Advances, and (y) on the date of such Borrowing (which shall be a Business Day) in the case of a Borrowing consisting of Base Rate Advances. Notices received after 11:00 A.M. AM (New York, New York timelocal time for the Administrative Agent) shall be deemed received on the next Business Day. A Notice of Borrowing that does not conform substantially to the format of Exhibit D-1 may be rejected in the Administrative Agent's sole discretion, and the Administrative Agent shall notify Intermet of such rejection by telecopy not later than 12:00 noon (Atlanta, Georgia time) on the date of receipt. Each Notice of Borrowing shall be irrevocable, shall be substantially in the form of Exhibit C attached to this Agreement, irrevocable and shall specify (A) the aggregate principal amount of the Borrowing, (B) the date of Borrowing (which shall be a Business Day), and (C) whether the Borrowing is to consist of Base Rate Advances or Eurodollar Advances and, and (in the case of Eurodollar Advances, ) the Interest Period to be applicable thereto.

Appears in 1 contract

Samples: Credit Agreement (Intermet Corp)

Funding Notices. (a) Whenever the Borrower desires to make a Base Rate Borrowing or a Eurodollar Borrowing under the Revolving Commitment (other than one resulting from a continuation or conversion pursuant to Section 3.6(b)), it shall give the Agent prior written notice (or telephonic notice promptly confirmed in writing) of such Borrowing (a "Notice of Borrowing"), such Notice of Borrowing to be given prior to 11:00 A.M. (New YorkAtlanta, New York Georgia time) (x) on the Business Day of the requested date of such Borrowing in the case of Base Rate Advances, and (y) two Business Days prior to the requested date of such Borrowing in the case of Eurodollar Advances. Notices received after 11:00 A.M. (New YorkAtlanta, New York Georgia time) shall be deemed received on the next Business Day. Each Notice of Borrowing shall be irrevocable, shall be substantially in the form of Exhibit C D attached to this Agreement, and shall specify (A) the aggregate principal amount of the Borrowing, (B) the date of Borrowing (which shall be a Business Day), and (C) whether the Borrowing is to consist of Base Rate Advances or Eurodollar Advances and, in the case of Eurodollar Advances, the Interest Period to be applicable thereto, and (D) whether the Borrowing is to be advanced under the Revolving Loan Commitment or the 364-Day Loan Commitment (or a combination thereof).

Appears in 1 contract

Samples: Credit Agreement (Gold Kist Inc)

Funding Notices. (a) (i) Whenever the Borrower Intermet desires to make obtain a Base Rate Borrowing or a Eurodollar Borrowing under Syndicated Loan with respect to the Revolving Commitment Commitments (other than one resulting from a conversion or continuation or conversion pursuant to Section 3.6(b3.01(b)), it shall give the Administrative Agent prior written notice (or telephonic notice promptly confirmed in writing) of such Borrowing (a "duly completed Notice of Borrowing")Borrowing in the form of Exhibit D-1 attached hereto, such Notice of Borrowing to be given prior to 11:00 A.M. AM (New York, New York timelocal time for the Administrative Agent) at its Payment Office (x) on the Business Day of the requested date of such Borrowing in the case of Base Rate Advances, and (y) two three Business Days prior to the requested date of such Borrowing in the case of Eurodollar Advances, and (y) on the date of such Borrowing (which shall be a Business Day) in the case of a Borrowing consisting of Base Rate Advances. Notices received after 11:00 A.M. AM (New York, New York timelocal time for the Administrative Agent) shall be deemed received on the next Business Day. A Notice of Borrowing that does not conform substantially to the format of Exhibit D-1 may be rejected in the Administrative Agent's sole discretion, and the Administrative Agent shall notify Intermet of such rejection by telecopy not later than 12:00 noon (Atlanta, Georgia time) on the date of receipt. Each Notice of Borrowing shall be irrevocable, shall be substantially in the form of Exhibit C attached to this Agreement, irrevocable and shall specify (A) the aggregate principal amount of the Borrowing, (B) the date of Borrowing (which shall be a Business Day), and (C) whether the Borrowing is to consist of Base Rate Advances or Eurodollar Advances and, and (in the case of Eurodollar Advances, ) the Interest Period to be applicable thereto.

Appears in 1 contract

Samples: Credit Agreement (Intermet Corp)

Funding Notices. (a) (i) Whenever the Borrower desires to make a Base Rate Borrowing of Syndicate Revolving Loans under its Revolving Loan Commitments or a Eurodollar Borrowing Syndicate Line of Credit Loans under the Revolving Commitment its Syndicate Line of Credit Commitments (other than one resulting from a conversion or continuation or conversion pursuant to Section 3.6(b4.01(b)(i)), it shall give the Agent prior written notice (or telephonic notice promptly confirmed in writing) of such Borrowing (a "Notice of Borrowing"), such Notice of Borrowing to be given prior to 11:00 A.M. (New York, New York timelocal time for the Agent) at its Payment Office (x) on the one Business Day of prior to the requested date of such Borrowing in the case of Base Rate Advances, and (y) two three Business Days prior to the requested date of such Borrowing in the case of Eurodollar Advances. Notices received after 11:00 A.M. (New York, New York time) shall be deemed received on the next Business Day. Each Notice of Borrowing Borrow ing shall be irrevocable, shall be substantially in the form of Exhibit C attached to this Agreement, irrevocable and shall specify (A) the aggregate principal amount of the Borrowing, (B) the date of Borrowing (which shall be a Business Day), and (C) whether the Borrowing is to consist of Base Rate Advances or Eurodollar Advances and, and (in the case of Eurodollar Advances, ) the Interest Period to be applicable thereto.

Appears in 1 contract

Samples: Credit Agreement (Hughes Supply Inc)

Funding Notices. (a) (i) Whenever the Borrower desires to make borrow a Base Rate Borrowing or a Eurodollar Borrowing Revolving Loan under the its Revolving Loan Commitment (other than one resulting from a conversion or continuation or conversion pursuant to Section 3.6(b3.01(b)), it shall give the Agent Lender prior written notice (or telephonic notice promptly confirmed in writing) of such Borrowing requested Revolving Loan (a "Notice of Borrowing"), ) at its Payment Office; such Notice of Borrowing to be given prior to (x) 11:00 A.M. (New York, New York timelocal time for the Lender) one (x1) on the Business Day of prior to the requested date of if such Borrowing in the case Revolving Loan will consist of Base Rate Advances, Advances and (y) two 11:00 A.M. (local time for the Lender) three (3) Business Days prior to the requested date of if such Borrowing in the case Revolving Loan will consist of Eurodollar Advances. Notices received after 11:00 A.M. (New York, New York time) shall be deemed received on the next Business Day. Each Notice of Borrowing shall be irrevocable, shall be substantially in the form of Exhibit C attached to this Agreement, irrevocable and shall specify (A) the aggregate principal amount of the Borrowingsuch Revolving Loan, (B) the date of Borrowing on which such Revolving Loan will be borrowed (which shall be a Business Day), and (C) whether the Borrowing is to such Revolving Loan will consist of Base Rate Advances or Eurodollar Advances and, and (in the case of Eurodollar Advances, ) the Interest Period to be applicable thereto.

Appears in 1 contract

Samples: Bridge Revolving Credit Agreement (Hughes Supply Inc)

Funding Notices. (a) (i) Whenever the Borrower desires to make obtain a Base Rate Borrowing or a Eurodollar Borrowing under Syndicated Loan with respect to the Revolving Commitment Commitments (other than one resulting from a conversion or continuation or conversion pursuant to Section 3.6(b3.01(b)(i)), it shall give the Agent prior written notice (or telephonic notice promptly confirmed in writing) of such Borrowing (a "Notice of Borrowing"), such Notice of Borrowing to be given prior to 11:00 A.M. AM (New York, New York timelocal time for the Agent) at its Payment Office (x) on the Business Day of the requested date of such Borrowing in the case of Base Rate Advances, and (y) two three Business Days prior to the requested date of such Borrowing in the case of Eurodollar Advances and Bid Rate Advances, and (y) on the date of such Borrowing (which shall be a Business Day) in the case of a Borrowing consisting of Base Rate Advances. Notices received after 11:00 A.M. (New York, New York time) AM shall be deemed received on the next Business Day. Each Notice of Borrowing shall be irrevocable, shall be substantially in the form of Exhibit C attached to this Agreement, irrevocable and shall specify (A) the aggregate principal amount of the Borrowing, (B) the date of Borrowing (which shall be a Business Day), and (C) whether the Borrowing is to consist of Base Rate Advances or Eurodollar Advances and, and (in the case of Eurodollar Advances, ) the Interest Period to be applicable thereto.

Appears in 1 contract

Samples: Credit Agreement (Haverty Furniture Companies Inc)

Funding Notices. (a) (i) Whenever the Borrower Intermet desires to make obtain a Base Rate Borrowing or a Eurodollar Borrowing under Syndicated Loan with respect to the Revolving Commitment Commitments (other than one resulting from a conversion or continuation or conversion pursuant to Section 3.6(b3.01(b)(i)), it shall give the Agent prior ------------------ written notice (or telephonic notice promptly confirmed in writing) of such Borrowing (a "Notice of Borrowing"), such Notice of Borrowing to be given prior ------------------- to 11:00 A.M. AM (New York, New York timelocal time for the Agent) at its Payment Office (x) on the Business Day of the requested date of such Borrowing in the case of Base Rate Advances, and (y) two three Business Days prior to the requested date of such Borrowing in the case of Eurodollar Advances, and (y) on the date of such Borrowing (which shall be a Business Day) in the case of a Borrowing consisting of Overnight Rate Advances or Base Rate Advances. Notices received after 11:00 A.M. (New York, New York time) AM shall be deemed received on the next Business Day. Each Notice of Borrowing shall be irrevocable, shall be substantially in the form of Exhibit C attached to this Agreement, irrevocable and shall specify (A) the aggregate principal amount of the Borrowing, (B) the date of Borrowing (which shall be a Business Day), and (C) whether the Borrowing is to consist of Base Rate Advances, Overnight Rate Advances or Eurodollar Advances and, and (in the case of Eurodollar Advances, ) the Interest Period to be applicable thereto.

Appears in 1 contract

Samples: Credit Agreement (Intermet Corp)

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