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 the Borrowers, or by ASC West, as agent for the Borrowers, to the Agent not later than 12:00 noon (Boston time) on the date of the proposed borrowing (a "Notice of Revolving Credit or Swing Line Borrowing"); PROVIDED, HOWEVER, that if the Borrowers elect a LIBOR Pricing Option with respect to any Revolving Credit Advance in accordance with Section 2.6 hereof, such Notice of Revolving Credit or Swing Line Borrowing shall be given by ASC West, as agent for the Borrowers, contemporaneously with a Pricing Notice in the manner and within the time specified in Section 2.6. The Agent shall give the Revolving Credit Lenders notice of each Notice of Revolving Credit or Swing Line Borrowing in accordance with the Agent's customary practice. Each such Notice of Revolving Credit or Swing Line Borrowing shall be by telephone or telecopy, in each case confirmed immediately in writing by ASC West, as agent for the Borrowers, 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 and integral multiples thereof; PROVIDED, HOWEVER, that the Swing Line Lender may request, on behalf of the Borrowers, Revolving Credit Advances that are Base Rate Loans in other amounts pursuant to Section 2.20(a). The Borrowers agree, jointly and severally, to indemnify and hold the Revolving Credit Lenders harmless for any action, including the making of any Revolving Credit Advances hereunder, or loss or expense, taken or incurred by the Agent or the Revolving Credit 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 hereby agree (A) that the Revolving Credit Lenders shall be entitled to rely upon the Compliance Certificate most recently delivered to the Agent until it is superseded by a more recent Compliance Certificate and (B) that each request for a Revolving Credit Advance, whether by telephone or in writing or otherwise, shall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 (American Skiing Co /Me)

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Making of Revolving Credit Advances. (a) a Each Revolving Credit Advance shall be made on notice given by the Borrowers, or by ASC WestAmerican Ski, as agent for the Borrowers, to the Agent not later than 12:00 noon (Boston time) on the date of the proposed borrowing (a "Notice of Revolving Credit or Swing Line Borrowing"); PROVIDEDprovided, HOWEVERhowever, that if the Borrowers elect a LIBOR Pricing Option with respect to any Revolving Credit Advance in accordance with Section 2.6 hereof, such Notice of Revolving Credit or Swing Line Borrowing shall be given by ASC WestAmerican Ski, as agent for the Borrowers, contemporaneously with a Pricing Notice in the manner and within the time specified in Section 2.6. The Agent shall give the Revolving Credit Lenders notice of each Notice of Revolving Credit or Swing Line Borrowing in accordance with the Agent's customary practice. Each such Notice of Revolving Credit or Swing Line Borrowing shall be by telephone or telecopy, in each case confirmed immediately in writing by ASC WestAmerican Ski, as agent for the Borrowers, in substantially the form of EXHIBIT 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 and integral multiples thereof; PROVIDEDprovided, HOWEVERhowever, that the Swing Line Lender may request, on behalf of the Borrowers, Revolving Credit Advances that are Base Rate Loans in other amounts pursuant to Section 2.20(a). The Borrowers agree, jointly and severally, to indemnify and hold the Revolving Credit Lenders harmless for any action, including the making of any Revolving Credit Advances hereunder, or loss or expense, taken or incurred by the Agent or the Revolving Credit 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 hereby agree (A) that the Revolving Credit 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: And Consolidated Credit Agreement (American Skiing Co /Me)

Making of Revolving Credit Advances. (a) Each Revolving Credit Advance shall be made on notice given by the Borrowers, or by ASC WestEast, as agent for the Borrowers, to the Agent not later than 12:00 noon (Boston time) on the date of the proposed borrowing (a "Notice of Revolving Credit or Swing Line Borrowing"); PROVIDED, HOWEVER, that if the Borrowers elect a LIBOR Pricing Option with respect to any Revolving Credit Advance in accordance with Section 2.6 hereof, such Notice of Revolving Credit or Swing Line Borrowing shall be given by ASC WestEast, as agent for the Borrowers, contemporaneously with a Pricing Notice in the manner and within the time specified in Section 2.6. The Agent shall give the Revolving Credit Lenders notice of each Notice of Revolving Credit or Swing Line Borrowing in accordance with the Agent's customary practice. Each such Notice of Revolving Credit or Swing Line Borrowing shall be by telephone or telecopy, in each case confirmed immediately in writing by ASC WestEast, as agent for the Borrowers, 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 and integral multiples thereof; PROVIDED, HOWEVER, that the Swing Line Lender may request, on behalf of the Borrowers, Revolving Credit Advances that are Base Rate Loans in other amounts pursuant to Section 2.20(a). The Borrowers agree, jointly and severally, to indemnify and hold the Revolving Credit Lenders harmless for any action, including the making of any Revolving Credit Advances hereunder, or loss or expense, taken or incurred by the Agent or the Revolving Credit 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 hereby agree (A) that the Revolving Credit 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 (American Skiing Co /Me)

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Making of Revolving Credit Advances. (a) Each Revolving Credit Advance shall be made on notice given by the Borrowers, or by ASC WestURI, as agent for the Borrowers, to the Administrative Agent not later than 12:00 noon (Boston time) on the date of the proposed borrowing Borrowing (a "Notice of Revolving Credit or Swing Line Borrowing"); PROVIDED, HOWEVER, that if the Borrowers elect a LIBOR Rate Pricing Option with respect to any Revolving Credit Advance in accordance with Section 2.6 2.5 hereof, such Notice of Revolving Credit or Swing Line Borrowing shall be given by ASC West, as agent for the Borrowers, URI contemporaneously with a Pricing Notice in the manner and within the time specified in Section 2.62.5. The Administrative Agent shall give the Revolving Credit Lenders notice of each Notice of Revolving Credit or Swing Line Borrowing in accordance with the Administrative Agent's customary practice. Each such Notice of Revolving Credit or Swing Line Borrowing shall be by telephone or telecopy, in each case confirmed immediately in writing by ASC West, as agent for the Borrowers, URI 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, Advance (which must be a minimum of $100,000 and integral multiples thereof; PROVIDED, HOWEVER, that the Swing Line Lender may request, on behalf of the Borrowers, Revolving Credit Advances that are Base Rate Loans in other amounts pursuant to Section 2.20(a100,000). The Borrowers agreeBorrowers, jointly and severally, agree to indemnify and hold the Revolving Credit Lenders harmless for any action, including the making of any Revolving Credit Advances hereunder, or loss or expense, taken or incurred by the Administrative Agent or and the Revolving Credit 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 2.22.3, the Borrowers Borrowers, jointly and severally, shall have provided the Administrative Agent with a Compliance Certificate. The Borrowers Borrowers, hereby agree agree, jointly and severally, (Ai) that the Revolving Credit Lenders shall be entitled to rely upon the Compliance Certificate most recently delivered to the Administrative Agent until it is superseded by a more recent Compliance Certificate Certificate, and (Bii) 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 Administrative Agent's possession.

Appears in 1 contract

Samples: Credit Agreement (Uno Restaurant Corp)

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