Common use of Making of Term Loans Clause in Contracts

Making of Term Loans. Promptly after receipt of the Notice of Borrowing under Section 2.01(b) in respect of the Term Loans to be made on the Effective Date, the Administrative Agent shall notify each Term Loan Lender by telex or telecopy, or other similar form of transmission, of the proposed Borrowing. Each Term Loan Lender shall deposit an amount equal to its Pro Rata Share of the Term Loans with the Administrative Agent at its office in Chicago, Illinois, in immediately available funds, on the Effective Date specified in the Notice of Borrowing. Subject to the fulfillment of the conditions precedent set forth in Section 5.01, the Administrative Agent shall make the proceeds of such amounts received by it available to the Company at the Administrative Agent's office in Chicago, Illinois on the Effective Date and shall disburse such proceeds in accordance with the Company's disbursement instructions set forth in such Notice of Borrowing. The failure of any Term Loan Lender to deposit the amount described above with the Administrative Agent on the Effective Date shall not relieve any other Lender of its obligations hereunder to make its Term Loan on the Effective Date. No Term Loan Lender shall be responsible for any failure by any other Lender to perform its obligation to make any Term Loan hereunder nor shall the Term Loan Commitment of any Term Loan Lender be increased or decreased as a result of any such failure.

Appears in 1 contract

Samples: Insilco Corp/De/

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Making of Term Loans. Promptly after receipt of the Borrowing Notice of Borrowing under Section 2.01(b2.1(C) in respect of the Term Loans to be made on the Effective DateLoans, the Administrative Agent shall notify notified each Term Loan Lender by telex or telecopy, or other similar form of transmission, of the proposed BorrowingAdvance. Each Term Loan Lender shall deposit deposited an amount equal to its Tranche A Pro Rata Share of the Tranche A Term Loans and Tranche B Pro Rata Share of the Tranche B Term Loans with the Administrative Agent at its office in ChicagoFarmington Hills, IllinoisMichigan, in immediately available funds, on the Effective Closing Date specified in the Notice of BorrowingBorrowing Notice. Subject to the fulfillment of the conditions precedent set forth in Section 5.01Sections 5.1 and 5.2 and, with respect to that portion of such amounts which shall be funded into the escrow created by the Escrow Agreement, subject to fulfillment of the provisions of the Escrow Agreement, the Administrative Agent shall make made the proceeds of such amounts received by it available to the Company Borrower at the Administrative Agent's office in ChicagoFarmington Hills, Illinois Michigan on such Closing Date (or if later the Effective Date date on which the applicable conditions under the Escrow Agreement are satisfied) and shall disburse disbursed such proceeds in accordance with the CompanyBorrower's disbursement instructions set forth in such Notice of BorrowingBorrowing Notice. The failure of any Term Loan Lender to deposit the amount described above with the Administrative Agent on the Effective Closing Date shall not relieve any other Lender of its obligations hereunder to make its Term Loan Loans on the Effective Closing Date. No Term Loan Lender shall be responsible for any failure by any other Lender to perform its obligation to make any Term Loan hereunder nor shall the Term Loan Commitment of any Term Loan Lender be increased or decreased as a result of any such failure.

Appears in 1 contract

Samples: Credit Agreement (Spartan Stores Inc)

Making of Term Loans. Promptly after receipt of the Notice of -------------------- Borrowing under Section 2.01(b2.03(b) in respect of the Term Loans to be made on the Effective DateLoans, the Administrative --------------- Agent shall notify each Term Loan Lender by telex or telecopy, telecopy (or other similar form of transmission, ) of each of the proposed BorrowingBorrowings. Each Term Loan Lender shall deposit deposit, on the Merger Funding Date, an amount equal to its Pro Rata Share of the Term Loans with the Administrative Agent at its office in ChicagoNew York, IllinoisNew York, in immediately available funds, on the Effective Date specified in the Notice of Borrowing. Subject to the fulfillment of the conditions precedent set forth in Section 5.015.02, the Administrative Agent shall ------------ make the proceeds of such amounts received by it available to the Company Term Loan Borrowers at the Administrative Agent's office in ChicagoNew York, Illinois New York on the Effective Merger Funding Date and shall disburse such proceeds in accordance with the Company's such Term Loan Borrowers' disbursement instructions set forth in such Notice of Borrowing. The failure of any Term Loan Lender to deposit the amount described above with the Administrative Agent on the Effective Merger Funding Date shall not relieve any other Lender of its obligations hereunder to make its Term Loan on the Effective Merger Funding Date. No Term Loan Lender shall be responsible for any failure by any other Lender to perform its obligation to make any Term Loan hereunder nor shall the Term Loan Commitment of any Term Loan Lender be increased or decreased as a result of any such failure.

Appears in 1 contract

Samples: Credit Agreement (International Technology Corp)

Making of Term Loans. Promptly after receipt of the Borrowing Notice of Borrowing under Section 2.01(bSECTION 2.1(C) in respect of the Term Loans to be made on the Effective DateLoans, the Administrative Agent shall notify each Term Loan Lender by telex or telecopy, or other similar form of transmission, of the proposed BorrowingAdvance. Each Term Loan Lender shall deposit an amount equal to its Tranche A Pro Rata Share of the Tranche A Term Loans and Tranche B Pro Rata Share of the Tranche B Term Loans with the Administrative Agent at its office in ChicagoFarmington Hills, IllinoisMichigan, in immediately available funds, on the Effective Closing Date specified in the Notice of BorrowingBorrowing Notice. Subject to the fulfillment of the conditions precedent set forth in Section 5.01SECTIONS 5.1 and 5.2 and, with respect to that portion of such amounts which shall be funded into the escrow created by the Escrow Agreement, subject to fulfillment of the provisions of the Escrow Agreement, the Administrative Agent shall make the proceeds of such amounts received by it available to the Company Borrower at the Administrative Agent's office in ChicagoFarmington Hills, Illinois Michigan on such Closing Date (or if later the Effective Date date on which the applicable conditions under the Escrow Agreement are satisfied) and shall disburse such proceeds in accordance with the CompanyBorrower's disbursement instructions set forth in such Notice of BorrowingBorrowing Notice. The failure of any Term Loan Lender to deposit the amount described above with the Administrative Agent on the Effective Closing Date shall not relieve any other Lender of its obligations hereunder to make its Term Loan Loans on the Effective Closing Date. No Term Loan Lender shall be responsible for any failure by any other Lender to perform its obligation to make any Term Loan hereunder nor shall the Term Loan Commitment of any Term Loan Lender be increased or decreased as a result of any such failure.

Appears in 1 contract

Samples: Credit Agreement (Spartan Stores Inc)

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Making of Term Loans. Promptly after receipt of the Notice of -------------------- Borrowing under Section 2.01(b2.03(b) in respect of the Term Loans to be made on the Effective DateLoans, the Administrative --------------- Agent shall notify each Term Loan Lender by telex or telecopy, telecopy (or other similar form of transmission, ) of each of the proposed BorrowingBorrowings. Each Term Loan Lender shall deposit deposit, on the Merger Funding Date, an amount equal to its Pro Rata Share of the Term Loans with the Administrative Agent at its office in ChicagoNew York, IllinoisNew York, in immediately available funds, on the Effective Date specified in the Notice of Borrowing. Subject to the fulfillment of the conditions precedent set forth in Section 5.01, the Administrative Agent shall ------------ make the proceeds of such amounts received by it available to the Company Term Loan Borrowers at the Administrative Agent's office in ChicagoNew York, Illinois New York on the Effective Merger Funding Date and shall disburse such proceeds in accordance with the Company's such Term Loan Borrowers' disbursement instructions set forth in such Notice of Borrowing. The failure of any Term Loan Lender to deposit the amount described above with the Administrative Agent on the Effective Merger Funding Date shall not relieve any other Lender of its obligations hereunder to make its Term Loan on the Effective Merger Funding Date. No Term Loan Lender shall be responsible for any failure by any other Lender to perform its obligation to make any Term Loan hereunder nor shall the Term Loan Commitment of any Term Loan Lender be increased or decreased as a result of any such failure.

Appears in 1 contract

Samples: Credit Agreement (International Technology Corp)

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