Common use of Making of Revolving Credit Advances Clause in Contracts

Making of Revolving Credit Advances. (a) Each Revolving Credit Advance shall be made on notice given by New England Audio to the Agent not later than 11:00 a.m. (Boston time) on the date of the proposed Borrowing (a "Notice of Revolving Credit Borrowing"); provided, however that if the Borrowers elect a Eurodollar Pricing Option with respect to any Revolving Credit Advance in accordance with Section 2.4 hereof, such Notice of Revolving Credit Borrowing shall be given by New England Audio contemporaneously with a Eurodollar Pricing Notice in the manner and within the time specified in Section 2.4. The Agent shall give the Lenders notice of each Notice of Revolving Credit Borrowing in accordance with the Agent's customary practice. Each such Notice of Revolving Credit Borrowing shall be by telephone or telecopy, in each case confirmed immediately in writing by New England Audio in substantially the form of Exhibit B hereto, specifying therein (i) the requested date of such Revolving Credit Advance and (ii) the amount of such Revolving Credit Advance (which must be a minimum of $100,000). The Borrowers, jointly and severally, agree to indemnify and hold the Lenders harmless for any action, including the making of any Revolving Credit Advances hereunder, or loss or expense, taken or incurred by the Agent and the Lenders in good faith reliance upon such telephone request. At the time of the initial request for a Revolving Credit Advance made under this Section 2.2, the Borrowers shall have provided the Agent with a Compliance Certificate. The Borrowers, jointly and severally, hereby agree (A) that the Lenders shall be entitled to rely upon the Compliance Certificate most recently delivered to the Agent until it is superseded by a more recent Compliance Certificate and (B) that each request for a Revolving Credit Advance, whether by telephone or in writing or otherwise, shall constitute a confirmation of the representations and warranties contained in the most recent Compliance Certificate then in the Agent's possession.

Appears in 1 contract

Samples: Credit Agreement (Tweeter Home Entertainment Group Inc)

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Making of Revolving Credit Advances. (a) Each Revolving Credit Advance shall be made on notice given by New England Audio Gerber to the Agent not later than 11:00 a.m. 3:00 p.m., Boston time on the date one (Boston time1) on Business Day prior to the date of the proposed Borrowing (a "Notice of Revolving Credit Borrowing"); provided, however that if the Borrowers elect Gerber elects a Eurodollar LIBOR Rate Pricing Option or an Alternative Currency Loan with respect to any Revolving Credit Advance in accordance with Section 2.4 hereof, such Notice of Revolving Credit Borrowing shall so specify and be given by New England Audio Gerber contemporaneously with a Eurodollar Pricing Notice (in the case of a LIBOR Rate Pricing Option) and in the manner and within the time specified in Section 2.4. The Agent shall give the Lenders notice of each Notice of Revolving Credit Borrowing in accordance with the Agent's ’s customary practice. Each such Notice of Revolving Credit Borrowing shall be by telephone or telecopy, in each case confirmed immediately in writing by New England Audio Gerber in substantially the form of Exhibit B hereto, specifying therein (i) the requested date of such Revolving Credit Advance Advance, and (ii) the amount of such Revolving Credit Advance (which must be a minimum of $100,0003,000,000 and in increments of $1,000,000). The Borrowers, jointly and severally, Borrowers agree to indemnify and hold the Lenders harmless for any action, including the making of any Revolving Credit Advances hereunder, or loss or expense, taken or incurred by the Agent and the Lenders in good faith reliance upon such telephone request. At the time of the initial request for a Revolving Credit Advance made under this Section 2.2, the Borrowers shall have provided the Agent with a Compliance Certificate. The Borrowers, jointly and severally, hereby agree (A) that the Lenders shall be entitled to rely upon the Compliance Certificate most recently delivered to the Agent until it is superseded by a more recent Compliance Certificate and (B) that each request for a Revolving Credit Advance, whether by telephone absent its gross negligence or in writing or otherwise, shall constitute a confirmation of the representations and warranties contained in the most recent Compliance Certificate then in the Agent's possessionwillful misconduct.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Gerber Scientific Inc)

Making of Revolving Credit Advances. (a) Each Revolving Credit Advance shall be made on notice given by New England Audio the Borrower to the Agent not later than 11:00 a.m. (Boston time) on the date of the proposed Borrowing (a "Notice of Revolving Credit Borrowing"); providedPROVIDED, however HOWEVER that if the Borrowers elect Borrower elects a Eurodollar LIBOR Rate Pricing Option with respect to any Revolving Credit Advance in accordance with Section 2.4 hereof, such Notice of Revolving Credit Borrowing shall be given by New England Audio the Borrower contemporaneously with a Eurodollar Pricing Notice in the manner and within the time specified in Section 2.4. The Agent shall give the Lenders notice of each Notice of Revolving Credit Borrowing in accordance with the Agent's customary practice. Each such Notice of Revolving Credit Borrowing shall be by telephone or telecopy, in each case confirmed immediately in writing by New England Audio the Borrower in substantially the form of Exhibit EXHIBIT B hereto, specifying therein (i) the requested date of such Revolving Credit Advance Advance, and (ii) the amount of such Revolving Credit Advance (which must be a minimum of $100,000). The Borrowers, jointly and severally, agree Borrower agrees to indemnify and hold the Lenders harmless for any action, including the making of any Revolving Credit Advances hereunder, or loss or expense, taken or incurred by the Agent and the Lenders in good faith reliance upon such telephone request. At the time of the initial request for a Revolving Credit Advance made under this Section 2.2, the Borrowers Borrower shall have provided the Agent with a Compliance Certificate. The Borrowers, jointly and severally, hereby agree (A) that the Lenders shall be entitled to rely upon the Compliance Certificate most recently delivered to the Agent until it is superseded by a more recent Compliance Certificate and (B) that each request for a Revolving Credit Advance, whether by telephone or in writing or otherwise, shall constitute a confirmation of the representations and warranties contained in the most recent Compliance Certificate then in the Agent's possession.a

Appears in 1 contract

Samples: Credit Agreement (Boston Celtics Limited Partnership)

Making of Revolving Credit Advances. (a) Each Revolving Credit Advance shall be made on notice given by New England Audio BCS Holdings, as agent for the Borrowers, to the Agent not later than 11:00 a.m. 12:00 noon (Boston Denver time) on the date of the proposed Borrowing with respect to Revolving Credit Advance (a "Notice of Revolving Credit Borrowing"); provided, however however, that if the Borrowers elect a Eurodollar LIBOR Rate Pricing Option with respect to any Revolving Credit Advance in accordance with Section 2.4 2.5 hereof, such Notice of Revolving Credit Borrowing shall be given by New England Audio BCS Holdings, as agent for the Borrowers, contemporaneously with a Eurodollar Pricing Notice in the manner and within the time specified in Section 2.42.5. The Agent shall give the Lenders notice of each Notice of Revolving Credit Borrowing in accordance with the Agent's ’s customary practice. Each such Notice of Revolving Credit Borrowing shall be by telephone or telecopy, in each case confirmed immediately in writing by New England Audio the Borrowers in substantially the form of Exhibit B B-2 hereto, specifying therein (i) the requested date of such Revolving Credit Advance and (ii) the amount of such Revolving Credit Advance (which must shall not be a minimum less than $100,000 and in an integral multiple of $100,00050,000). The Borrowers, jointly and severally, Loan Parties agree to indemnify and hold the Lenders harmless for any action, including the making of any Revolving Credit Advances hereunder, or loss or expense, taken or incurred by the Agent and the Lenders in good faith reliance upon such telephone request. At the time of the initial request for a Revolving Credit Advance made under this Section 2.2, the Borrowers shall have provided the Agent with a Compliance Certificate. The Borrowers, jointly and severally, Loan Parties hereby agree (A) that the Lenders shall be entitled to rely upon the Compliance Certificate most recently delivered to the Agent until it is superseded by a more recent Compliance Certificate and (B) that each request for a Revolving Credit Advance, whether by telephone or in writing or otherwise, shall constitute a confirmation that the conditions set forth in Section 3.3 hereof have been satisfied as of the representations and warranties contained in the most recent Compliance Certificate then in the Agent's possessiondate of such request.

Appears in 1 contract

Samples: Credit Agreement (Booth Creek Ski Holdings Inc)

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Making of Revolving Credit Advances. (a) Each Revolving Credit Advance shall be made on notice given by New England Audio the Borrower to the Agent not later than 11:00 a.m. (Boston time) on the date of the proposed Borrowing (a "Notice of Revolving Credit Borrowing"); provided, however that if the Borrowers elect Borrower elects a Eurodollar LIBOR Rate Pricing Option with respect to any Revolving Credit Advance in accordance with Section 2.4 hereof, such Notice of Revolving Credit Borrowing shall be given by New England Audio the Borrower contemporaneously with a Eurodollar Pricing Notice in the manner and within the time specified in Section 2.4. The Agent shall give the Lenders notice of each Notice of Revolving Credit Borrowing in accordance with the Agent's customary practice. Each such Notice of Revolving Credit Borrowing shall be by telephone or telecopy, in each case confirmed immediately in writing by New England Audio the Borrower in substantially the form of Exhibit B hereto, specifying therein (i) the requested date of such Revolving Credit Advance Advance, and (ii) the amount of such Revolving Credit Advance (which must be a minimum of $100,000). The Borrowers, jointly and severally, agree Borrower agrees to indemnify and hold the Lenders harmless for any action, including the making of any Revolving Credit Advances hereunder, or loss or expense, taken or incurred by the Agent and the Lenders in good faith reliance upon such telephone request. At the time of the initial request for a Revolving Credit Advance made under this Section 2.2, the Borrowers Borrower shall have provided the Agent with a Compliance Certificate. The Borrowers, jointly and severally, hereby agree (A) that the Lenders shall be entitled to rely upon the Compliance Certificate most recently delivered to the Agent until it is superseded by a more recent Compliance Certificate and (B) that each request for a Revolving Credit Advance, whether by telephone or in writing or otherwise, shall constitute a confirmation of the representations and warranties contained in the most recent Compliance Certificate then in the Agent's possession.a

Appears in 1 contract

Samples: Credit Agreement (Boston Celtics Limited Partnership Ii /De/)

Making of Revolving Credit Advances. (a) Each Revolving Credit Advance shall be made on notice given by New England Audio Gerber to the Agent not later than 11:00 a.m. 3:00 p.m., Boston time on the date one (Boston time1) on Business Day prior to the date of the proposed Borrowing (a "Notice of Revolving Credit Borrowing"); provided, however that if the Borrowers elect Gerber elects a Eurodollar LIBOR Rate Pricing Option or an Alternative Currency Loan with respect to any Revolving Credit Advance in accordance with Section 2.4 hereof, such Notice of Revolving Credit Borrowing shall so specify and be given by New England Audio Gerber contemporaneously with a Eurodollar Pricing Notice (in the case of a LIBOR Rate Pricing Option) and in the manner and within the time specified in Section 2.4. The Agent shall give the Lenders notice of each Notice of Revolving Credit Borrowing in accordance with the Agent's customary practice. Each such Notice of Revolving Credit Borrowing shall be by telephone or telecopy, in each case confirmed immediately in writing by New England Audio Gerber in substantially the form of Exhibit B hereto, specifying therein (i) the requested date of such Revolving Credit Advance Advance, and (ii) the amount of such Revolving Credit Advance (which must be a minimum of $100,0003,000,000 and in increments of $1,000,000). The Borrowers, jointly and severally, Borrowers agree to indemnify and hold the Lenders harmless for any action, including the making of any Revolving Credit Advances hereunder, or loss or expense, taken or incurred by the Agent and the Lenders in good faith reliance upon such telephone request. At the time of the initial request for a Revolving Credit Advance made under this Section 2.2, the Borrowers shall have provided the Agent with a Compliance Certificate. The Borrowers, jointly and severally, hereby agree (A) that the Lenders shall be entitled to rely upon the Compliance Certificate most recently delivered to the Agent until it is superseded by a more recent Compliance Certificate and (B) that each request for a Revolving Credit Advance, whether by telephone absent its gross negligence or in writing or otherwise, shall constitute a confirmation of the representations and warranties contained in the most recent Compliance Certificate then in the Agent's possessionwillful misconduct.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Gerber Scientific Inc)

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