Common use of Making Advances Clause in Contracts

Making Advances. (a) Each Borrowing shall be made on notice, given (i) with respect to any Borrowing consisting of Reference Rate Advances, not later than 1:30 p.m., Los Angeles time, on the Business Day before the date of the proposed Borrowing, (ii) with respect to any Borrowing consisting of Base Rate Advances, not later than 9:30 a.m., Los Angeles time, on the Business Day before the date of the proposed Borrowing and (iii) with respect to any Borrowing consisting of LIBOR Advances, not later than 9:30 a.m., Los Angeles time, on the third Business Day before the date of the proposed Borrowing, each such notice to be given by the Borrower to the Administrative Agent, which shall give each Lender prompt notice thereof by telecopier. Each such notice of a Borrowing shall be in writing in the form of Exhibit E (a “Notice of Borrowing”), or by telephone confirmed promptly in writing, by an Authorized Officer, specifying (A) the requested date of such Borrowing (which shall be a Business Day), (B) the requested Type of Advances making up such Borrowing, (C) the requested aggregate amount of such Borrowing, which shall be $500,000 (or, in the case of a Borrowing consisting of LIBOR Advances, $2,000,000) or an integral multiple of $250,000 in excess thereof, (D) in the case of a Borrowing consisting of LIBOR Advances or Base Rate Advances, the requested initial Interest Period for such Advances and (E) the fact that the statements set forth in Section 4.2(b) are true as of the date of such Borrowing. Each Lender shall, before 11:00 a.m., Los Angeles time, on the day of such Borrowing, make available to the Administrative Agent at its address in Los Angeles referred to in Section 10.2, in immediately available funds, such Lender’s ratable portion of such Borrowing. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article 4, the Administrative Agent will make such funds available to the Borrower by crediting the Borrower’s concentration account number 0880412175 at the Administrative Agent’s aforesaid address. Notwithstanding the provisions of the first sentence of this Section 2.4(a), if the Borrower gives the Administrative Agent notice, by telephone confirmed promptly by telecopier, of a Borrowing consisting of Reference Rate Advances by 9:30 a.m., Los Angeles time, on the day of the proposed Borrowing, the Administrative Agent and the Lenders will use commercially reasonable efforts (but shall not be obligated) to make such Advances available on the day on which such notice is given; provided, however, that the Administrative Agent and the Lenders shall no longer be required to use commercially reasonable efforts as described in this sentence if the Administrative Agent, at its sole option exercisable at any time, gives the Borrower notice of the same.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Frontier Oil Corp /New/), Revolving Credit Agreement (Frontier Oil Corp /New/)

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Making Advances. (a) Each Except as otherwise provided in Section 2.15, each Borrowing shall be made on notice, notice from the Borrower to the Administrative Agent given (i) with respect to any Borrowing consisting of Reference Rate Advances, not later than 1:30 p.m., Los Angeles time, on the Business Day before the date of the proposed Borrowing, (ii) with respect to any Borrowing consisting of Base Rate Advances, not later than 9:30 9:00 a.m., Los Angeles time, (i) in the case of a Borrowing composed of Reference Rate Advances, on the Business Day before the date of the proposed Borrowing and or (iiiii) with respect to any in the case of a Borrowing consisting composed of LIBOR Eurodollar Rate Advances, not later than 9:30 a.m., Los Angeles time, on the third Business Day before the date of the proposed Borrowing, each such notice to be given by the Borrower to the . The Administrative Agent, which Agent shall give each Lender prompt notice thereof by telecopiertelecopier of each such notice of a Borrowing. Each such notice of a Borrowing shall be in writing in by telephone confirmed, by the form end of Exhibit E (the same Business Day, by the Borrower's delivery of a Notice of Borrowing”), or Borrowing to the Administrative Agent by telephone confirmed promptly in writing, by an Authorized Officer, specifying (A) telecopier and shall specify therein the requested (i) date of such Borrowing (which shall be a Business Day), (B) the requested Type of Advances making up such Borrowing, (C) the requested aggregate amount of such Borrowing, which shall be $500,000 (or, in the case of a Borrowing consisting of LIBOR Advances, $2,000,000) or an integral multiple of $250,000 in excess thereofBusiness Day, (Dii) Type of Advances composing such Borrowing, (iii) aggregate amount of such Borrowing and (iv) in the case of a Borrowing consisting composed of LIBOR Advances or Base Eurodollar Rate Advances, the requested initial Interest Period for such Advances and (E) the fact that the statements set forth in Section 4.2(b) are true as of the date of such BorrowingAdvances. Each Lender shallwill, before 11:00 a.m.12:00 noon, Los Angeles time, on the day date of such Borrowing, make available to the Administrative Agent at its address in Los Angeles referred to in Section 10.2the Administrative Agent's Account, in immediately available funds, such Lender’s 's ratable portion of such BorrowingBorrowing for the account of such Lender's Applicable Lending Office. After the Administrative Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article 43, the Administrative Agent will make such funds available to the Borrower by crediting the Borrower’s concentration account number 0880412175 at the Administrative Agent’s aforesaid address. Notwithstanding the provisions of the first sentence of this Section 2.4(a), if the Borrower gives the Administrative Agent notice, by telephone confirmed promptly by telecopier, of a Borrowing consisting of Reference Rate Advances by 9:30 a.m., Los Angeles time, on the day of the proposed Borrowing, the Administrative Agent and the Lenders will use commercially reasonable efforts (but shall not be obligated) to make such Advances available on the day on which such notice is given; provided, however, that the Administrative Agent and the Lenders shall no longer be required to use commercially reasonable efforts as described in this sentence if the Administrative Agent, at its sole option exercisable at any time, gives the Borrower notice of the same's Account.

Appears in 1 contract

Samples: Revolving Credit Agreement (LTC Properties Inc)

Making Advances. (a) Each The Borrowing to be made on the Closing Date shall be made on notice, notice given by the Borrower to the Administrative Agent (i) with respect if such Borrowing is to any Borrowing consisting of Reference Rate Advances, not later than 1:30 p.m., Los Angeles time, on the Business Day before the date of the proposed Borrowing, (ii) with respect to any Borrowing consisting be composed of Base Rate Advances, not later than 9:30 11:00 a.m., Los Angeles California time, on the Business Day before immediately preceding the date of the proposed Borrowing and or (iiiii) with respect if such Borrowing is to any Borrowing consisting be composed of LIBOR Eurodollar Rate Advances, not later than 9:30 a.m.3:00 p.m., Los Angeles California time, on the third Business Day before the date of the proposed Borrowing, each such notice to be given by the Borrower to the . The Administrative Agent, which shall Agent will give each Lender prompt notice thereof by telecopiertelecopier of such Borrowing. Each such The Borrower’s notice of a such Borrowing to the Administrative Agent shall be in writing given by an Authorized Officer in the form of Exhibit E B (a “the "Notice of Borrowing"), or by telephone confirmed promptly in writing, by an Authorized Officer, specifying (A) the requested date of such Borrowing (which shall be a Business Day), (B) the requested Type of the Advances making up to compose such Borrowing, (C) that the requested aggregate amount of such Borrowing, which shall be Borrowing is $500,000 (or, in the case of a Borrowing consisting of LIBOR Advances, $2,000,000) or an integral multiple of $250,000 in excess thereof100,000,000, (D) in the case if such Borrowing is to be composed of a Borrowing consisting of LIBOR Advances or Base Eurodollar Rate Advances, the requested initial Interest Period for such Advances and (E) the fact that the statements set forth in Section 4.2(b4.1(b) are true as of the date of such Borrowing. Each Lender shall, before 11:00 a.m., Los Angeles California time, on the day of such Borrowing, make available to the Administrative Agent at its address in Los Angeles referred to in Section 10.2, in immediately available funds, such Lender’s ratable portion of such Borrowing. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth specified in Article 4, the Administrative Agent will make such funds available to the Borrower by crediting the Borrower’s concentration following account: FirstEnergy Service Company account number 0880412175 323396496 at the Administrative Agent’s aforesaid addressJPMorgan Chase Bank, ABA number 000000000, reference Penelec Term Loan. Notwithstanding the provisions The Notice of the first sentence of this Section 2.4(a), if the Borrower gives the Administrative Agent notice, by telephone confirmed promptly by telecopier, of a Borrowing consisting of Reference Rate Advances by 9:30 a.m., Los Angeles time, shall be irrevocable and binding on the day of the proposed Borrowing, the Administrative Agent and the Lenders will use commercially reasonable efforts (but shall not be obligated) to make such Advances available on the day on which such notice is given; provided, however, that the Administrative Agent and the Lenders shall no longer be required to use commercially reasonable efforts as described in this sentence if the Administrative Agent, at its sole option exercisable at any time, gives the Borrower notice of the sameBorrower.

Appears in 1 contract

Samples: Term Loan Agreement (Pennsylvania Electric Co)

Making Advances. (a) Each Borrowing of Advances shall be in an amount not less than $10,000,000 (or, if less, the Available Commitments at such time) or an integral multiple of $1,000,000 in excess thereof and shall consist of Advances of the same Type made on the same day by the Lenders ratably according to their respective Commitment Percentages. Each such Borrowing shall be made on notice, given (i) with respect to any Borrowing consisting of Reference Rate Advances, not later than 1:30 p.m., Los Angeles time, 11:00 A.M. on the third U.S. Government Securities Business Day before prior to the date of the proposed BorrowingBorrowing in the case of a Borrowing consisting of Eurodollar RateSOFR Advances, (ii) with respect to any or not later than 1:00 P.M. on the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, not later than 9:30 a.m., Los Angeles time, on the Business Day before the date of the proposed Borrowing and (iii) with respect to any Borrowing consisting of LIBOR Advances, not later than 9:30 a.m., Los Angeles time, on the third Business Day before the date of the proposed Borrowing, each such notice to be given by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopierwritten notice. Each such notice of a Borrowing shall be in writing in the form of Exhibit E under this Section 2.02 (a “Notice of Borrowing”)) shall be by telephone, or by telephone confirmed promptly immediately in writing, by an Authorized Officeror fax in substantially the form of Exhibit A hereto, specifying (A) therein the requested date of such (i) Borrowing (which shall be a Business Day), (B) the requested Type of Advances making up Date for such Borrowing, (Cii) the requested Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing, which shall be $500,000 and (or, in the case of a Borrowing consisting of LIBOR Advances, $2,000,000) or an integral multiple of $250,000 in excess thereof, (Div) in the case of a Borrowing consisting of LIBOR Advances or Base Rate Eurodollar RateSOFR Advances, the requested initial Interest Period for each such Advances and (E) the fact that the statements set forth in Section 4.2(b) are true as of the date of such BorrowingAdvance. Each Lender shall, before 11:00 a.m., Los Angeles time, 3:00 P.M. on the day of such Borrowingapplicable Borrowing Date, make available for the account of its Applicableapplicable Lending Office to the Administrative Agent at its address in Los Angeles referred to in Section 10.2the Agent’s Account, in immediately available same day funds, such Lender’s ratable portion of the Borrowing to be made on such BorrowingBorrowing Date. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article 4Section 3.02, the Administrative Agent will promptly make such funds available to the Borrower by crediting in such manner as the Borrower’s concentration account number 0880412175 at Borrower shall have specified in the applicable Notice of Borrowing and as shall be reasonably acceptable to the Administrative Agent’s aforesaid address. Notwithstanding the provisions of the first sentence of this Section 2.4(a), if the Borrower gives the Administrative Agent notice, by telephone confirmed promptly by telecopier, of a Borrowing consisting of Reference Rate Advances by 9:30 a.m., Los Angeles time, on the day of the proposed Borrowing, the Administrative Agent and the Lenders will use commercially reasonable efforts (but shall not be obligated) to make such Advances available on the day on which such notice is given; provided, however, that the Administrative Agent and the Lenders shall no longer be required to use commercially reasonable efforts as described in this sentence if the Administrative Agent, at its sole option exercisable at any time, gives the Borrower notice of the same.26 AmericasActive:16797229.116797229.4

Appears in 1 contract

Samples: Credit Agreement (Ohio Power Co)

Making Advances. (a) Each Borrowing of Advances shall be in an amount not less than $10,000,000 (or, if less, the Available Commitments at such time) or an integral multiple of $1,000,000 in excess thereof and shall consist of Advances of the same Type made on the same day by the Lenders ratably according to their respective Commitment Percentages. Each such Borrowing shall be made on notice, given (i) with respect to any Borrowing consisting of Reference Rate Advances, not later than 1:30 p.m., Los Angeles time, 11:00 A.M. on the third Business Day before prior to the date of the proposed BorrowingBorrowing in the case of a Borrowing consisting of Eurodollar Rate Advances, (ii) with respect to any or not later than 1:00 P.M. on the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, not later than 9:30 a.m., Los Angeles time, on the Business Day before the date of the proposed Borrowing and (iii) with respect to any Borrowing consisting of LIBOR Advances, not later than 9:30 a.m., Los Angeles time, on the third Business Day before the date of the proposed Borrowing, each such notice to be given by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopierwritten notice. Each such notice of a Borrowing shall be in writing in the form of Exhibit E under this Section 2.02 (a “Notice of Borrowing”)) shall be by telephone, or by telephone confirmed promptly immediately in writing, by an Authorized Officeror fax in substantially the form of Exhibit A hereto, specifying (A) therein the requested date of such (i) Borrowing (which shall be a Business Day), (B) the requested Type of Advances making up Date for such Borrowing, (Cii) the requested Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing, which shall be $500,000 and (or, in the case of a Borrowing consisting of LIBOR Advances, $2,000,000) or an integral multiple of $250,000 in excess thereof, (Div) in the case of a Borrowing consisting of LIBOR Advances or Base Eurodollar Rate Advances, the requested initial Interest Period for each such Advances and (E) the fact that the statements set forth in Section 4.2(b) are true as of the date of such BorrowingAdvance. Each Lender shall, before 11:00 a.m., Los Angeles time, 3:00 P.M. on the day of such Borrowingapplicable Borrowing Date, make available for the account of its Applicable Lending Office to the Administrative Agent at its address in Los Angeles referred to in Section 10.2the Agent’s Account, in immediately available same day funds, such Lender’s ratable portion of the Borrowing to be made on such BorrowingBorrowing Date. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article 4Section 3.02, the Administrative Agent will promptly make such funds available to the Borrower by crediting in such manner as the Borrower’s concentration account number 0880412175 at Borrower shall have specified in the applicable Notice of Borrowing and as shall be reasonably acceptable to the Administrative Agent’s aforesaid address. Notwithstanding the provisions of the first sentence of this Section 2.4(a), if the Borrower gives the Administrative Agent notice, by telephone confirmed promptly by telecopier, of a Borrowing consisting of Reference Rate Advances by 9:30 a.m., Los Angeles time, on the day of the proposed Borrowing, the Administrative Agent and the Lenders will use commercially reasonable efforts (but shall not be obligated) to make such Advances available on the day on which such notice is given; provided, however, that the Administrative Agent and the Lenders shall no longer be required to use commercially reasonable efforts as described in this sentence if the Administrative Agent, at its sole option exercisable at any time, gives the Borrower notice of the same.

Appears in 1 contract

Samples: Credit Agreement (Ohio Power Co)

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Making Advances. (a) Each Borrowing shall be made on notice, given (i) with respect to any Borrowing consisting of Reference Rate Advances, not later than 1:30 p.m., Los Angeles time, on the Business Day before the date of the proposed Borrowing, (ii) with respect to any Borrowing consisting of Base Rate Advances, not later than 9:30 a.m., Los Angeles time, on the Business Day before the date of the proposed Borrowing and (iii) with respect to any Borrowing consisting of LIBOR Advances, not later than 9:30 a.m., Los Angeles time, on the third Business Day before the date of the proposed Borrowing, each such notice to be given by the Borrower to the Administrative Agent, which shall give each Lender prompt notice thereof by telecopier. Each such notice of a Borrowing shall be in writing in the form of Exhibit E D (a “Notice of Borrowing”), or by telephone confirmed promptly in writing, by an Authorized Officer, specifying (A) the requested date of such Borrowing (which shall be a Business Day), (B) the requested Type of Advances making up such Borrowing, (C) the requested aggregate amount of such Borrowing, which shall be $500,000 1,000,000 (or, in the case of a Borrowing consisting of LIBOR Advances, $2,000,000) or an integral multiple of $250,000 500,000 in excess thereof, (D) in the case of a Borrowing consisting of LIBOR Advances or Base Rate Advances, the requested initial Interest Period for such Advances and (E) the fact that the statements set forth in Section 4.2(b4.3(b) are true as of the date of such Borrowing. Each Lender shall, before 11:00 a.m., Los Angeles time, on the day of such Borrowing, make available to the Administrative Agent at its address in Los Angeles referred to in Section 10.2, in immediately available funds, such Lender’s ratable portion of such Borrowing. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article 4, the Administrative Agent will make such funds available to the Borrower by crediting the Borrower’s concentration account number 0880412175 at the Administrative Agent’s aforesaid address. Notwithstanding the provisions of the first sentence of this Section 2.4(a), if the Borrower gives the Administrative Agent notice, by telephone confirmed promptly by telecopier, of a Borrowing consisting of Reference Rate Advances by 9:30 a.m., Los Angeles time, on the day of the proposed Borrowing, the Administrative Agent and the Lenders will use commercially reasonable efforts (but shall not be obligated) to make such Advances available on the day on which such notice is given; provided, however, that the Administrative Agent and the Lenders shall no longer be required to use commercially reasonable efforts as described in this sentence if the Administrative Agent, at its sole option exercisable at any time, gives the Borrower notice of the same.

Appears in 1 contract

Samples: Revolving Credit Agreement (Frontier Oil Corp /New/)

Making Advances. (a) Each Borrowing shall be made on notice, given (i) with respect to any Borrowing consisting of Reference Rate Advances, not later than 1:30 p.m., Los Angeles time, on the Business Day before the date of the proposed Borrowing, (ii) with respect to any Borrowing consisting of Base Rate Advances, not later than 9:30 a.m., Los Angeles time, on the Business Day before the date of the proposed Borrowing and (iii) with respect to any Borrowing consisting of LIBOR Advances, not later than 9:30 a.m., Los Angeles time, on the third Business Day before the date of the proposed Borrowing, each such notice to be given by the Borrower to the Administrative Agent, which shall give each Lender prompt notice thereof by telecopier. Each such notice of a Borrowing shall be in writing in the form of Exhibit E (a “Notice of Borrowing”), or by telephone confirmed promptly in writing, by an Authorized Officer, specifying (A) the requested date of such Borrowing (which shall be a Business Day), (B) the requested Type of Advances making up such Borrowing, (C) the requested aggregate amount of such Borrowing, which shall be $500,000 (or, in the case of a Borrowing consisting of LIBOR Advances, $2,000,000) or an integral multiple of $250,000 in excess thereof, (D) in the case of a Borrowing consisting of LIBOR Advances or Base Rate Advances, the requested initial Interest Period for such Advances and (E) the fact that the statements set forth in Section 4.2(b4.3(b) are true as of the date of such Borrowing. Each Lender shall, before 11:00 a.m., Los Angeles time, on the day of such Borrowing, make available to the Administrative Agent at its address in Los Angeles referred to in Section 10.2, in immediately available funds, such Lender’s 's ratable portion of such Borrowing. After the Administrative Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article 4, the Administrative Agent will make such funds available to the Borrower by crediting the Borrower’s 's concentration account number 0880412175 at the Administrative Agent’s 's aforesaid address. Notwithstanding the provisions of the first sentence of this Section 2.4(a), if the Borrower gives the Administrative Agent notice, by telephone confirmed promptly by telecopier, of a Borrowing consisting of Reference Rate Advances by 9:30 a.m., Los Angeles time, on the day of the proposed Borrowing, the Administrative Agent and the Lenders will use commercially reasonable efforts (but shall not be obligated) to make such Advances available on the day on which such notice is given; provided, however, that the Administrative Agent and the Lenders shall no longer be required to use commercially reasonable efforts as described in this sentence if the Administrative Agent, at its sole option exercisable at any time, gives the Borrower notice of the same.

Appears in 1 contract

Samples: Revolving Credit Agreement (Frontier Oil Corp /New/)

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