Common use of Making of Swing Loans Clause in Contracts

Making of Swing Loans. The Swing Loan Bank shall deposit the --------------------- amount it intends to fund, if any, in respect of the Swing Loans requested by a Borrower with the Administrative Agent at its office in New York, New York not later than 3:00 p.m. (New York time) in immediately available funds on the date of the proposed Borrowing applicable thereto. The Swing Loan Bank shall not make any Swing Loan in the period commencing on the first Business Day after it receives written notice from any Lender that one or more of the conditions precedent contained in Section 5.03 is not on such date satisfied, and ending ------------ when such conditions are satisfied; however, the Swing Loan Bank shall not otherwise be required to determine that, or take notice whether, the conditions precedent set forth in Section 5.03 hereof have been satisfied in ------------ connection with the making of any Swing Loan. Subject to the preceding sentence, the Administrative Agent shall make the proceeds of each funding of a Swing Loan available to the applicable Borrower at the Administrative Agent's office in New York, New York on the date of the proposed Borrowing and shall disburse such proceeds to the applicable Disbursement Account.

Appears in 1 contract

Samples: Credit Agreement (International Technology Corp)

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Making of Swing Loans. The Swing Loan Bank Lender shall deposit the --------------------- amount it intends to fund, if any, in respect of the Swing Loans requested by a Borrower the Borrowers with the Administrative Agent at its office in New York, New York not later than 3:00 p.m. (New York time) in immediately available funds on the date of the proposed Borrowing applicable thereto. The Swing Loan Bank Lender shall not make any Swing Loan in the period commencing on the first Business Day after it receives written notice from any Lender that one or more of the conditions precedent contained in Section 5.03 is 5.02 shall not on such date be satisfied, and ending ------------ when such conditions are satisfied; however, and the Swing Loan Bank Lender shall not otherwise be required to determine that, or take notice whether, the conditions precedent set forth in Section 5.03 5.02 hereof have been satisfied in ------------ connection with the making of any Swing Loan. Subject to the preceding sentence, the Administrative Agent shall make the such proceeds of each funding of a Swing Loan available to the applicable Borrower Borrowers at the Administrative Agent's office in New York, New York on the date of the proposed Borrowing and shall disburse such proceeds to the applicable Disbursement Borrowers by transferring such proceeds to the Borrowers' Account.

Appears in 1 contract

Samples: Credit Agreement (Barneys New York Inc)

Making of Swing Loans. The Swing Loan Bank shall deposit the --------------------- amount it intends to fund, if any, in respect of the Swing Loans requested by a Borrower the Company with the Administrative Agent at its office in New York, New York not later than 3:00 2:00 p.m. (New York time) in immediately available funds on the date of the proposed Borrowing applicable thereto. The Swing Loan Bank shall not make any Swing Loan in the period commencing on the first Business Day after it receives written notice from any Lender that one or more of the conditions precedent contained in Section 5.03 is 5.02 shall not on such date be satisfied, and ending ------------ when such conditions are satisfied; howeversatisfied or waived pursuant to Section 13.07 hereof, and the Swing Loan Bank shall not otherwise be required to determine that, or take notice whether, the conditions precedent set forth in Section 5.03 5.02 hereof have been satisfied in ------------ connection with the making of any Swing Loan. Subject to the preceding sentence, the Administrative Agent shall make the such proceeds of each funding of a Swing Loan available to the applicable Borrower Company at the Administrative Agent's office in New York, New York on the date of the proposed Borrowing and shall disburse such proceeds to the applicable Disbursement Account.

Appears in 1 contract

Samples: Insilco Corp/De/

Making of Swing Loans. The Swing Loan Bank shall deposit the --------------------- amount it intends to fund, if any, in respect of the Swing Loans requested by a Borrower with the Administrative Agent at its office in New York, New York not later than 3:00 p.m. (New York time) in immediately available funds on the date of the proposed Borrowing applicable thereto. The Swing Loan Bank shall not make any Swing Loan in the period commencing on the first Business Day after it receives written notice from any Lender that one or more of the conditions precedent contained in Section 5.03 5.2 is not on such date satisfied, and ending ------------ when such conditions are satisfied; however, the Swing Loan Bank shall not otherwise be required to determine that, or take notice whether, the conditions precedent set forth in Section 5.03 5.2 hereof have been satisfied in ------------ connection with the making of any Swing Loan. Subject to the preceding sentence, the Administrative Agent shall make the proceeds of each funding of a Swing Loan available to the applicable Borrower at the Administrative Agent's ’s office in New York, New York on the date of the proposed Borrowing and shall disburse such proceeds to the applicable Disbursement Account.. (d)

Appears in 1 contract

Samples: Credit Agreement (It Group Inc)

Making of Swing Loans. The Swing Loan Bank shall deposit the --------------------- amount it intends to fund, if any, in respect of the Swing Loans requested by a Borrower with the Administrative Agent at its office in New York, New York not later than 3:00 p.m. (New York time) in immediately available funds on the date of the proposed Borrowing applicable thereto. The Swing Loan Bank shall not make any Swing Loan in the period commencing on the first Business Day after it receives written notice from any Lender that one or more of the conditions precedent contained in Section 5.03 5.02 is not on such date satisfied, and ending ------------ when such conditions are satisfied; however, the Swing Loan Bank shall not otherwise be required to determine that, or take notice whether, the conditions precedent set forth in Section 5.03 5.02 ------------ hereof have been satisfied in ------------ connection with the making of any Swing Loan. Subject to the preceding sentence, the Administrative Agent shall make the proceeds of each funding of a Swing Loan available to the applicable Borrower at the Administrative Agent's office in New York, New York on the date of the proposed Borrowing and shall disburse such proceeds to the applicable Disbursement Account.

Appears in 1 contract

Samples: Credit Agreement (International Technology Corp)

Making of Swing Loans. The Swing Loan Bank Lender shall deposit the --------------------- amount it intends to fund, if any, in respect of the Swing Loans requested by a the Borrower with the Administrative Agent at its office in New York, New York not later than 3:00 p.m. (New York time) in immediately available funds on the date of the proposed Borrowing applicable thereto. The Swing Loan Bank Lender shall not make any Swing Loan in during the period commencing on the first Business Day after it receives written notice from any Lender that one or more of the conditions precedent contained in Section 5.03 is 5.02 shall not on such date be satisfied, and ending ------------ when such conditions are satisfied; however, and the Swing Loan Bank Lender shall not otherwise be required to determine that, or take notice whether, the conditions precedent set forth in Section 5.03 5.02 hereof have been satisfied in ------------ connection with the making of any Swing Loan. Subject to the preceding sentence, the Administrative Agent shall make the such proceeds of each funding of a Swing Loan available to the applicable Borrower at the Administrative Agent's office in New York, New York on the date of the proposed Borrowing and shall disburse such proceeds to the Borrower in accordance with the Borrower's disbursement instructions set forth in the applicable Disbursement AccountNotice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Stellex Industries Inc)

Making of Swing Loans. The Swing Loan Bank Lender shall deposit the --------------------- amount it intends to fund, if any, in respect of the Swing Loans requested by a the Borrower with the Administrative Agent at its office in New York, New York not later than 3:00 p.m. (New York time) in immediately available funds on the date of the proposed Borrowing applicable thereto. The Swing Loan Bank Lender shall not make any Swing Loan in during the period commencing on the first Business Day after it receives written notice from any Lender the Requisite Lenders that one or more of the conditions precedent contained in Section 5.03 is 5.02 shall not on such date be satisfied, and ending ------------ when such conditions are satisfied; however, and the Swing Loan Bank Lender shall not otherwise be required to determine that, or take notice whether, the conditions precedent set forth in Section 5.03 5.02 hereof have been satisfied in ------------ connection with the making of any Swing Loan. Subject to the preceding sentence, the Administrative Agent shall make the such proceeds of each funding of a Swing Loan available to the applicable Borrower at the Administrative Agent's office in New York, New York on the date of the proposed Borrowing and shall disburse such proceeds to the Borrower in accordance with the Borrower's disbursement instructions set forth in the applicable Disbursement AccountNotice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Watson Pharmaceuticals Inc)

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Making of Swing Loans. The Swing Loan Bank Lender shall deposit the --------------------- amount it intends to fund, if any, in respect of the Swing Loans requested by a the Borrower with the Administrative Agent at its office in New York, New York not later than 3:00 p.m. (New York time) in immediately available funds on the date of the proposed Borrowing applicable thereto. The Swing Loan Bank Lender shall not make any Swing Loan in during the period commencing on the first Business Day after it receives written notice from any Lender the Requisite Lenders that one or more of the conditions precedent contained in Section 5.03 is 5.02 shall not on such date be ------------ satisfied, and ending ------------ when such conditions are satisfied; however, and the Swing Loan Bank Lender shall not otherwise be required to determine that, or take notice whether, the conditions precedent set forth in Section 5.03 5.02 hereof have been ------------ satisfied in ------------ connection with the making of any Swing Loan. Subject to the preceding sentence, the Administrative Agent shall make the such proceeds of each funding of a Swing Loan available to the applicable Borrower at the Administrative Agent's office in New York, New York on the date of the proposed Borrowing and shall disburse such proceeds to the Borrower in accordance with the Borrower's disbursement instructions set forth in the applicable Disbursement AccountNotice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Watson Pharmaceuticals Inc)

Making of Swing Loans. The Swing Loan Bank Lender shall deposit the --------------------- amount it intends to fund, if any, in respect of the Swing Loans requested by a the Borrower with the Administrative Agent at its office in New York, New York not later than 3:00 p.m. (New York time) in immediately available funds on the date of the proposed Borrowing applicable thereto. The Swing Loan Bank Lender shall not make any Swing Loan in during the period commencing on the first Business Day after it receives written notice from any Lender that one or more of the conditions precedent contained in Section 5.03 is 5.02 shall not on such date be satisfied, and ending ------------ when such conditions are satisfied; however, and the Swing Loan Bank Lender shall not otherwise be required to determine that, or take notice whether, the conditions precedent set forth in Section 5.03 5.02 hereof have been satisfied in ------------ connection with the making of any Swing Loan. Subject to the preceding sentence, the Administrative Agent shall make the proceeds of each funding of a Swing Loan such pro ceeds available to the applicable Borrower at the Administrative Agent's office in New York, New York on the date of the proposed Borrowing and shall disburse such proceeds to the Borrower in accordance with the Borrower's disbursement instructions set forth in the applicable Disbursement AccountNotice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Stellex Technologies Inc)

Making of Swing Loans. The Swing Loan Bank Lender shall deposit the --------------------- amount it intends to fund, if any, in respect of the Swing Loans requested by a the Borrower with the Administrative Agent at its office in New York, New York not later than 3:00 2:00 p.m. (New York City time) in immediately available funds on the date of the proposed Borrowing applicable thereto. The Swing Loan Bank Lender shall not make any Swing Loan in during the period commencing on the first Business Day after it receives written notice from any Lender the Requisite Lenders that one or more of the conditions precedent contained in Section 5.03 is 5.02 shall not on such date be satisfied, and ending ------------ when such conditions are satisfied; however, and the Swing Loan Bank Lender shall not otherwise be required to determine that, or take notice whether, the conditions precedent set forth in Section 5.03 5.02 hereof have been satisfied in ------------ connection with the making of any Swing Loan. Subject to the preceding sentence, the Administrative Agent shall make the such proceeds of each funding of a Swing Loan available to the applicable Borrower at the Administrative Agent's ’s office in New York, New York on the date of the proposed Borrowing and shall disburse such proceeds to the Borrower in accordance with the Borrower’s disbursement instructions set forth in the applicable Disbursement AccountNotice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Watson Pharmaceuticals Inc)

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