Common use of Making of Revolving Credit Loans Clause in Contracts

Making of Revolving Credit Loans. All Loans shall be made ratably from the Banks in proportion to their respective Commitments; provided, however, that the failure of any Bank to make a Loan shall not relieve any other Bank of its obligation to lend hereunder. Whenever Borrower desires that the Banks make Loans (including Rollover Loans), Borrower shall give to the Agent at its Office at least three (3) Business Days' notice in the case of a Euro-Rate Loan, two (2) Business Days' notice in the case of a CD Rate Loan, and notice on the same Business Day in the case of a Base Rate Loan, of the date, which shall be a Business Day, on which such Loans are to be made. Each notice (a "Notice of Borrowing") required pursuant to this Section 2.03 shall be given no later than 11:00 a.m., Pittsburgh time, in the case of Base Rate Loans, or no later than 10:00 a.m.,Pittsburgh time, in the case of CD Rate Loans or Euro-Rate Loans, on the last date permitted for such Notice of Borrowing, shall be signed by a Responsible Officer of Borrower, and shall state (a) the date on which the Loan is to be made, (b) the amount of the Loan, which shall be the sum of the principal amounts selected pursuant to subsection (c) of this Section 2.03 and, (c) the Interest Rate Option or Options selected in accordance with Section 2.05(a) hereof and the principal amounts of Portions selected in accordance with Section 2.05(c) hereof and, in the case of a Euro-Rate Portion or a CD Rate Portion, the Euro-Rate Funding Period or CD Rate Funding Period, as the case may be. Each Notice of Borrowing shall be irrevocable and shall be written, telecopied, by telephone confirmed in writing or by electronic request. The rights and obligations of the parties set forth in this Agreement, including without limitation all representations, warranties and covenants, shall not be affected by the medium chosen by Borrower to make a Loan request, except that Borrower assumes all liability for any and all losses, liabilities, obligations, costs or damages ("Losses") arising from the chosen medium, including without limitation, in the case of electronic Loan requests, any Losses arising from transmission errors, delayed transmissions, transmissions not received or unauthorized transmissions. The Agent shall promptly give telecopied or telexed notice or telephoned notice confirmed in writing to each Bank of its Percentage Share and the date of such borrowings. On the date specified in such Notice of Borrowing, each Bank shall make the proceeds of its Loan available at the Office of the Agent, no later than 12:00 noon, Pittsburgh time, in immediately available funds, and upon fulfillment of all applicable conditions set forth herein (and against delivery to the Agent of an appropriate Note for the initial Loans, with payment schedules attached thereto, for each Bank, payable to the order of such Bank as provided in Section 2.04 hereof), the Agent shall pay or deliver the proceeds of the borrowing to or upon the order of Borrower. Upon making the initial Loans, the Agent shall deliver each such Note to or upon the order of the Bank to, which it is payable.

Appears in 1 contract

Samples: Loan Agreement (Foster L B Co)

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Making of Revolving Credit Loans. All Loans Borrower shall be made ratably from provide to the Banks in proportion to their respective Commitments; providedBank, howeverat its Office, that irrevocable notice not later than 11:00 a.m. (Chicago time) on the failure Borrowing Date of any Bank to make a Money Market Loan shall not relieve any other Bank of its obligation to lend hereunder. Whenever Borrower desires that and three Business Days before the Banks make Loans Borrowing Date for each LIBOR Loan specifying (including Rollover Loans), Borrower shall give to i) the Agent at its Office at least three date (3) Business Days' notice in the case of a Euro-Rate Loan, two (2) Business Days' notice in the case of a CD Rate Loan, and notice on the same Business Day in the case of a Base Rate Loan, of the date, which shall be a Business Day, on which such Loans are to be made. Each notice (a "Notice of Borrowing") required pursuant to this Section 2.03 shall be given no later than 11:00 a.m., Pittsburgh time, in the case of Base Rate Loans, or no later than 10:00 a.m.,Pittsburgh time, in the case of CD Rate Loans or Euro-Rate Loans, on the last date permitted for such Notice of Borrowing, shall be signed by a Responsible Officer of Borrower, and shall state (a) the date on which the Revolving Credit Loan is to be made, ; (bii) the principal amount of the Loan, Revolving Credit Loan which shall be the sum of the principal amounts selected pursuant to subsection Subsection (c) of this Section 2.03 and, 2.1.1; and (ciii) the Interest Rate interest rate Option or Options selected in accordance with the provision of Section 2.05(a) hereof 2.2 and the principal amounts amount of Portions selected in accordance with Section 2.05(c) 2.2 hereof and, in the case of a Euro-Rate Money Market Portion or a CD Rate LIBOR Portion, the Euro-Rate Funding Period or CD Rate Funding Money Market Interest Period, or LIBOR Interest Period as the case may be. Each Notice notice of Borrowing shall be irrevocable and irrevocable, given by a Responsible Officer, Art Zullx, Xxxx Xxxanshansky or Greg Xxxxxxxxxxx xxx shall be writtensent to the Bank by telephone (which shall be effective when telephoned) and may be confirmed by Borrower, telecopiedat the Bank's request, by telephone confirmed in writing first class mail, by hand delivery, or by electronic request. The rights and obligations of the parties set forth in this Agreement, including without limitation all representations, warranties and covenants, first class express mail (which shall not be affected by the medium chosen by Borrower to make a Loan request, except that Borrower assumes all liability for any and all losses, liabilities, obligations, costs or damages ("Losses") arising from the chosen medium, including without limitationeffective when received), in the case of electronic Loan requests, any Losses arising from transmission errors, delayed transmissions, transmissions not received or unauthorized transmissions. The Agent shall promptly give telecopied or telexed notice or telephoned notice confirmed in writing to each Bank of its Percentage Share and the date of such borrowingsall cases with charges prepaid. On the date specified in such Notice of BorrowingBorrowing Date, each the Bank shall make the proceeds of its the Revolving Credit Loan available at the Office of the Agentits office, no later than 12:00 noon3:00 p.m., Pittsburgh Chicago time, in immediately available funds, and upon fulfillment of all applicable conditions set forth herein (and against delivery to the Agent of an appropriate Note for the initial Loansherein, with payment schedules attached thereto, for each Bank, payable to the order of such Bank as provided in Section 2.04 hereof), the Agent shall pay or deliver the proceeds of the borrowing to or upon the order of Borrower. Upon making the initial Loans, the Agent shall deliver each such Note to or upon the order of the Bank to, which it is payable.

Appears in 1 contract

Samples: Credit Agreement (Roadway Express Inc)

Making of Revolving Credit Loans. All Loans shall be made ratably from the Banks in proportion to their respective Commitments; provided, however, that the failure of any Bank to make a Loan shall not relieve any other Bank of its obligation to lend hereunder. Whenever any Borrower desires that the Banks make Loans (including Rollover Loans), such Borrower shall give to the Agent at its Office at least three (3) Business Days' notice in the case of a Euro-Rate Loan, two (2) Business Days' notice in the case of a CD Rate Loan, and notice on the same Business Day in the case of a Base Rate Loan, of the date, which shall be a Business Day, on which such Loans are to be made. Each notice (a "Notice of Borrowing") required pursuant to this Section 2.03 shall be given no later than 11:00 a.m., Pittsburgh time, in the case of Base Rate Loans, or no later than 10:00 a.m.,Pittsburgh , Pittsburgh time, in the case of CD Rate Loans or Euro-Rate Loans, on the last date permitted for such Notice of Borrowing, shall be signed by a Responsible Officer of such Borrower, and shall state (a) the date on which the Loan is to be made, (b) the amount of the Loan, which shall be the sum of the principal amounts selected pursuant to subsection (c) of this Section 2.03 and, (c) the Interest Rate Option or Options selected in accordance with Section 2.05(a) hereof and the principal amounts of Portions selected in accordance with Section 2.05(c) hereof and, in the case of a Euro-Rate Portion or a CD Rate Portion, the Euro-Rate Funding Period or CD Rate Funding Period, as the case may be. Each Notice of Borrowing shall be irrevocable and shall be written, telecopied, by telephone confirmed in writing or by electronic request. The rights and obligations of the parties set forth in this Agreement, including without limitation all representations, warranties and covenants, shall not be affected by the medium chosen by such Borrower to make a Loan request, except that such Borrower assumes all liability for any and all losses, liabilities, obligations, costs or damages ("Losses") arising from the chosen medium, including without limitation, in the case of electronic Loan requests, any Losses arising from transmission errors, delayed transmissions, transmissions not received or unauthorized transmissions. The Agent shall promptly give telecopied or telexed notice or telephoned notice confirmed in writing to each Bank of its Percentage Share and the date of such borrowings. On the date specified in such Notice of Borrowing, each Bank shall make the proceeds of its Loan available at the Office of the Agent, no later than 12:00 noon, Pittsburgh time, in immediately available funds, and upon fulfillment of all applicable conditions set forth herein (and against delivery to the Agent of an appropriate Note for the initial Loans, with payment schedules attached thereto, for each Bank, payable to the order of such Bank as provided in Section 2.04 hereof), the Agent shall pay or deliver the proceeds of the borrowing to or upon the order of such Borrower. Upon making the initial Loans, the Agent shall deliver each such Note to or upon the order of the Bank to, which it is payable.

Appears in 1 contract

Samples: Loan Agreement (Foster L B Co)

Making of Revolving Credit Loans. All Loans shall be made ratably from the Banks in proportion to their respective Commitments; provided, however, that the failure of any Bank to make a Loan shall not relieve any other Bank of its obligation to lend hereunder. Whenever Borrower desires that the Banks make Loans (including Rollover Loans), Borrower shall give to the Agent at its Office at least three (3) Business Days' notice in the case of a Euro-Rate EuroRate Loan, two (2) Business Days' notice in the case of a CD Rate Loan, and notice on the same Business Day in the case of a Base Rate Loan, of the date, which shall be a Business Day, on which such Loans are to be made. Each notice (a "Notice of Borrowing") required pursuant to this Section 2.03 shall be given no later than 11:00 a.m., Pittsburgh time, in the case of Base Rate Loans, or no later than 10:00 a.m.,Pittsburgh , Pittsburgh time, in the case of CD Rate Loans or Euro-Rate EuroRate Loans, on the last date permitted for such Notice of Borrowing, shall be signed by a Responsible Officer of Borrower, and shall state (a) the a)the date on which the Loan is to be made, (b) the b)the amount of the Loan, which shall be the sum of the principal amounts selected pursuant to subsection (c) of this Section 2.03 and, (c) the c)the Interest Rate Option or Options selected in accordance with Section 2.05(a) hereof and the principal amounts of Portions selected in accordance with Section 2.05(c) hereof and, in the case of a Euro-Rate EuroRate Portion or a CD Rate Portion, the Euro-Rate EuroRate Funding Period or CD Rate Funding Period, as the case may be. Each Notice of Borrowing shall be irrevocable and shall be written, telecopied, by telephone confirmed in writing or by electronic request. The rights and obligations of the parties set forth in this Agreement, including without limitation all representations, warranties and covenants, shall not be affected by the medium chosen by Borrower to make a Loan request, except that Borrower assumes all liability for any and all losses, liabilities, obligations, costs or damages ("Losses") arising from the chosen medium, including without limitation, in the case of electronic Loan requests, any Losses arising from transmission errors, delayed transmissions, transmissions not received or unauthorized transmissions. The Agent shall promptly give telecopied or telexed notice or telephoned notice confirmed in writing to each Bank of its Percentage Share and the date of such borrowings. On the date specified in such Notice of Borrowing, each Bank shall make the proceeds of its Loan available at the Office of the Agent, no later than 12:00 noon, Pittsburgh time, in immediately available funds, and upon fulfillment of all applicable conditions set forth herein (and against delivery to the Agent of an appropriate Note for the initial Loans, with payment schedules attached thereto, for each Bank, payable to the order of such Bank as provided in Section 2.04 hereof), the Agent shall pay or deliver the proceeds of the borrowing to or upon the order of Borrower. Upon making the initial Loans, the Agent shall deliver each such Note to or upon the order of the Bank to, which it is payable.

Appears in 1 contract

Samples: Loan Agreement (Foster L B Co)

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Making of Revolving Credit Loans. All Revolving Credit Loans shall be made ratably from by the Banks in proportion to their respective Commitmentscommitments; provided, however, that the failure of any Bank to make a Revolving Credit Loan shall not relieve any other Bank of its obligation to lend hereunder. Whenever If any Bank fails to make a Revolving Credit Loan, the Agent will use its best efforts to find another lender to make that Revolving Credit Loan on the same terms and conditions. On any Business Day when the Borrower desires that the Banks make Loans (including Rollover Loans)a Revolving Credit Loan, Borrower shall give provide to the Agent at its Office at least three (3) Business Days' notice in the case of a Euro-Rate Loan, two (2) Business Days' notice in the case of a CD Rate Loan, and notice on the same Business Day in the case of a Base Rate Loan, Standard Notice of the date, which shall be a Business Day, on which such Loans are Revolving Credit Loan is to be made. Each notice (a "Notice of Borrowing") required pursuant to this Section 2.03 shall be given no later than 11:00 a.m., Pittsburgh time, in the case of Base Rate Loans, or no later than 10:00 a.m.,Pittsburgh time, in the case of CD Rate Loans or Euro-Rate Loans, on the last date permitted for such Notice of Borrowing, and, if in writing, shall be signed by a Responsible Officer of Borrower, and shall state state: (a) the date (which shall be a Business Day) on which the Revolving Credit Loan is to be made, ; (b) the principal amount of the Loan, Revolving Credit Loan which shall be the sum of the principal amounts selected pursuant to subsection (c) of this Section 2.03 and, 2.03; and (c) the Interest Rate Option or Interest Rate Options selected in accordance with Section 2.05(a) hereof and the principal amounts amount of Portions selected in accordance with Section 2.05(c) 2.03 hereof and, in the case of a Euro-Rate Portion or a CD Rate Portion, the Euro-Rate Funding Period or CD Rate Funding Period, as the case may be. Each Notice of Borrowing shall be irrevocable (except as provided in Section 2.15 hereof) and shall be writtensent to the Agent by (i) telecopier (which shall be effective when received), telecopied, by telephone confirmed in writing or by electronic request. The rights and obligations of the parties set forth in this Agreement, including without limitation all representations, warranties and covenants, (ii) telephone (which shall not be affected by the medium chosen by Borrower to make a Loan request, except that Borrower assumes all liability for any and all losses, liabilities, obligations, costs or damages effective when telephoned) confirmed ("Losses") arising from the chosen medium, including without limitation, in the case of electronic Loan requestsRevolving Credit Loans to which the Euro-Rate Option apply) by first class mail, any Losses arising from transmission errorsor by (iii) hand delivery, delayed transmissionsfirst class or first class express mail (which shall be effective when received), transmissions not received or unauthorized transmissionsin all cases with charges prepaid. The Agent shall promptly give telecopied or telexed notice or telephoned notice confirmed in writing to each Bank of its Percentage Share and the date of such borrowings. On the date specified in such Notice of Borrowing, each Bank shall make the proceeds of its Revolving Credit Loan available at the Office of the Agent, no later than 12:00 noon, Pittsburgh time, in immediately available funds. On the date specified in such Notice of Borrowing, the Agent shall make the proceeds of the Revolving Credit Loan available at its office, no later than 4:00 p.m., Pittsburgh time, in immediately available funds, and upon fulfillment of all applicable conditions set forth herein (and against delivery to the Agent of an appropriate Note for the initial Loans, with payment schedules attached thereto, for each Bank, payable to the order of such Bank as provided in Section 2.04 hereof)herein, the Agent shall pay or deliver the proceeds of the borrowing to or upon the order of Borrower. Upon making To the initial Loansextent that any automatic borrowing service agreement in effect between the Agent and Borrower makes applicable any other notice or funding arrangements, the Agent terms of such automatic borrowing service agreement shall deliver each such Note to or upon the order of the Bank to, which it is payablecontrol.

Appears in 1 contract

Samples: Credit Agreement (River Marine Terminals Inc)

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