Common use of Making the Advances Clause in Contracts

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each Borrowing shall be made on notice, given not later than 12:00 Noon (Boston, Massachusetts time) on the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurodollar Rate Advances, or the first Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by telephone, confirmed immediately in writing or telecopier, in substantially the form of Exhibit B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iv) aggregate amount of such Borrowing and (v) in the case of a Borrowing consisting of Eurodollar Rate Advances, initial Interest Period for each such Advance. Each Appropriate Lender shall, before 11:00 A.M. (Boston, Massachusetts time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's Account, in same day funds, such Lender's ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate Lenders. After the Administrative Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower by crediting the Borrower's Account.

Appears in 4 contracts

Samples: Credit Agreement (Central Tractor Farm & Country Inc), Credit Agreement (Quality Stores Inc), Credit Agreement (Central Tractor Farm & Country Inc)

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Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each Each Borrowing shall be made on notice, given (i) in the case of a Borrowing comprising Eurodollar Rate Advances, not later than 12:00 Noon 11:00 A.M. (Boston, Massachusetts New York City time) on the third Business Day prior to the date of the proposed Borrowing Borrowing, and (ii) in the case of a Borrowing consisting of Eurodollar comprising Base Rate Advances, or the first Business Day prior to not later than 11:00 A.M. (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Rate AdvancesBorrowing, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopierthereof. Each such notice of a Borrowing (a "Notice of Borrowing") shall be transmitted by telephonetelecopier, telex or cable, confirmed immediately in writing or telecopierwriting, in substantially the form of Exhibit B A-1 hereto, specifying therein the requested (iA) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iiiB) Type of Advances comprising to be made in connection with such Borrowing, (ivC) aggregate amount of such Borrowing Borrowing, and (vD) in the case of a Borrowing consisting of comprising Eurodollar Rate Advances, initial Interest Period for each such Advance. Each Appropriate Lender shall, before 11:00 A.M. (Boston, Massachusetts x) 12:00 noon (New York City time) on the date of such Borrowingany Borrowing comprising Eurodollar Rate Advances, and (y) 1:00 P.M. (New York City time) on the date of any Borrowing comprising Base Rate Advances, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's Accountits address referred to in Section 8.02, in same day funds, such Lender's ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate LendersBorrowing. After the Administrative Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower by crediting at the BorrowerAdministrative Agent's Accountaforesaid address.

Appears in 4 contracts

Samples: Credit Agreement (Entergy Arkansas Inc), Credit Agreement (Entergy Arkansas Inc), Credit Agreement (Entergy Arkansas Inc)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each Each Borrowing shall be made on notice, given not later than 12:00 Noon 11:00 A.M. (Boston, Massachusetts New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing Borrowing, in the case of a Borrowing consisting comprised of Eurodollar Rate Advances, or the first Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by telephonetelecopier, confirmed immediately promptly in writing or telecopierwriting, in substantially the form of Exhibit B A-1 hereto, specifying therein the requested (i) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iviii) aggregate amount of such Borrowing Borrowing, and (viv) in the case of a Borrowing consisting comprised of Eurodollar Rate Advances, initial the Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Appropriate Lender shall, before 11:00 A.M. 1:00 P.M. (Boston, Massachusetts New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's Accountits address referred to in Section 8.02, in same day funds, such Lender's ’s ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate LendersBorrowing. After the Administrative Agent's ’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower by crediting at the Borrower's AccountAdministrative Agent’s aforesaid address.

Appears in 4 contracts

Samples: Credit Agreement (Progress Energy Inc), Credit Agreement (Carolina Power & Light Co), Credit Agreement (Progress Energy Inc)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each Each Borrowing shall be made on notice, given (i) in the case of a Borrowing comprising Eurodollar Rate Advances, not later than 12:00 Noon 11:00 A.M. (Boston, Massachusetts New York City time) on the third Business Day prior to the date of the proposed Borrowing Borrowing, and (ii) in the case of a Borrowing consisting of Eurodollar comprising Base Rate Advances, or the first Business Day prior to not later than 1:00 P.M. (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Rate AdvancesBorrowing, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopierthereof. Each such notice of a Borrowing (a "Notice of Borrowing") shall be transmitted by telephone, confirmed immediately in writing facsimile or telecopier, email in substantially the form of Exhibit B A-1 hereto, specifying therein the requested (iA) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iiiB) Type of Advances comprising to be made in connection with such Borrowing, (ivC) aggregate amount of such Borrowing Borrowing, (D) wire instructions of the Borrower, and (vE) in the case of a Borrowing consisting of comprising Eurodollar Rate Advances, initial Interest Period for each such AdvanceAdvances. Each Appropriate Lender shall, before 11:00 A.M. (Boston, Massachusetts x) 12:00 noon (New York City time) on the date of such Borrowingany Borrowing comprising Eurodollar Rate Advances, and (y) 3:00 P.M. (New York City time) on the date of any Borrowing comprising Base Rate Advances, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's ’s Account, in same day funds, such Lender's ’s ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate LendersBorrowing. After the Administrative Agent's ’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower by crediting in such manner as the Borrower's AccountBorrower shall have specified in the applicable Notice of Borrowing.

Appears in 4 contracts

Samples: Credit Agreement (Entergy New Orleans, LLC), Credit Agreement (Entergy New Orleans, LLC), Credit Agreement (Entergy New Orleans, LLC)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each Each Borrowing shall be made on notice, given not later than 12:00 Noon 11:00 a.m. (Boston, Massachusetts timei) on the third Business Day prior to the date of the proposed Borrowing Borrowing, in the case of a Borrowing consisting comprised of Eurodollar Rate Advances, or the first Business Day prior to Advances and (ii) on the date of the proposed Borrowing Borrowing, in the case of a Borrowing consisting comprised of Prime Base Rate Advances, in each case by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopier, telex or cable. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by telephonetelecopier, confirmed immediately in writing telex or telecopiercable, in substantially the form of Exhibit B 2.2(a) hereto, specifying therein the requested (iA) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iiiB) Type of Advances comprising such Borrowing, (ivC) aggregate amount of such Borrowing and (vD) in the case of a Borrowing consisting comprised of Eurodollar Rate Advances, the initial Interest Period for each such Advance. Each Appropriate Lender shall, before 11:00 A.M. (Boston, Massachusetts timex) 12:00 noon on the date of such Borrowing, in the case of a Borrowing comprised of Eurodollar Rate Advances, and (y) 1:00 p.m. on the date of such Borrowing, in the case of a Borrowing comprised of Base Rate Advances, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's Accountits address referred to in Section 8.2, in same day funds, such Lender's ’s ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate LendersBorrowing. After the Administrative Agent's ’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will promptly make such funds available to the Borrower by crediting at the Borrower's AccountAgent’s aforesaid address.

Appears in 3 contracts

Samples: Five Year Credit Agreement (Interstate Power & Light Co), Credit Agreement (Interstate Power & Light Co), Credit Agreement (Interstate Power & Light Co)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each Each Borrowing shall be made on notice, given not later than 12:00 Noon 11:00 a.m. (Boston, Massachusetts timei) on the third Business Day prior to the date of the proposed Borrowing Borrowing, in the case of a Borrowing consisting comprised of Eurodollar Rate Advances, or the first Business Day prior to Advances and (ii) on the date of the proposed Borrowing Borrowing, in the case of a Borrowing consisting comprised of Prime Base Rate Advances, in each case by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopier, telex or cable. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by telephonetelecopier, confirmed immediately in writing telex or telecopiercable, in substantially the form of Exhibit B 2.02(a) hereto, specifying therein the requested (iA) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iiiB) Type of Advances comprising such Borrowing, (ivC) aggregate amount of such Borrowing and (vD) in the case of a Borrowing consisting comprised of Eurodollar Rate Advances, the initial Interest Period for each such Advance. Each Appropriate Lender shall, before 11:00 A.M. (Boston, Massachusetts timex) 12:00 noon on the date of such Borrowing, in the case of a Borrowing comprised of Eurodollar Rate Advances, and (y) 1:00 p.m. on the date of such Borrowing, in the case of a Borrowing comprised of Base Rate Advances, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's Accountits address referred to in Section 8.02, in same day funds, such Lender's ’s ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate LendersBorrowing. After the Administrative Agent's ’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will promptly make such funds available to the Borrower by crediting at the Borrower's AccountAgent’s aforesaid address.

Appears in 3 contracts

Samples: Credit Agreement (Alliant Energy Corp), Day Credit Agreement (Alliant Energy Corp), Day Credit Agreement (Alliant Energy Corp)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.032.03(c), each Borrowing shall be made on notice, given not later than 12:00 Noon (Boston, Massachusetts x) 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurodollar Rate Advances, Advances or the first Business Day prior to (y) 11:00 A.M. (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Base Rate Advances, by the applicable Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by telephone, confirmed immediately in writing writing, or telecopier, telecopier in substantially the form of Exhibit B hereto, specifying therein the requested (i) date and Facility of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iviii) aggregate amount of such Borrowing Borrowing, and (viv) in the case of a Borrowing consisting of Eurodollar Rate Advances, initial Interest Period for each such Advance. Each Appropriate Lender shall, before 11:00 A.M. 1:00 P.M. (Boston, Massachusetts New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's ’s Account, in same day funds, such Lender's ’s ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate LendersBorrowing. After the Administrative Agent's ’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article IIISection 3.03, the Administrative Agent will shall make such funds available to the Borrower that requested such Advance by crediting the Borrower's Accountdepositing such funds to such account as such Borrower shall specify.

Appears in 3 contracts

Samples: Credit Agreement (Lubrizol Corp), Credit Agreement (Lubrizol Corp), Credit Agreement (Lubrizol Corp)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b(A) or 2.03, each Each Borrowing shall be made on noticenotice by the Borrower, given not later than 12:00 Noon (Boston, Massachusetts timex) 10:00 a.m. (Local Time) on the third Business Day prior to the proposed date of the proposed Borrowing in the case of a Borrowing consisting of Eurodollar Eurocurrency Rate Advances, Advances or (y) 10:00 a.m. (Local Time) on the first Business Day prior to the proposed date of the proposed Borrowing in the case of a Borrowing consisting of Prime Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopiertelecopier or other electronic communication. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by telephone, confirmed immediately in writing writing, including by telecopier (or telecopier, other electronic communication) in substantially the form of Exhibit B A hereto, specifying therein the requested (i) date of such BorrowingBorrowing (which shall be a Business Day), (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iviii) aggregate amount of such Borrowing, (iv) initial Interest Period for such Advance, if such Borrowing is to consist of Eurocurrency Rate Advances, and (v) account or accounts in which the case proceeds of a the Borrowing consisting of Eurodollar Rate Advances, initial Interest Period for each such Advanceshould be credited. Each Appropriate Lender shall, before 11:00 A.M. 1:00 p.m. (Boston, Massachusetts timeLocal Time) on the date of such Borrowing, Closing Date make available for the account of its Applicable Lending Office to the Administrative Agent at the applicable Administrative Agent's Account’s Office, in same day funds, such Lender's ’s ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate Lenders. After the Administrative Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower by crediting the Borrower's AccountBorrowing.

Appears in 3 contracts

Samples: Bridge Credit Agreement, Day Bridge Credit Agreement (AbbVie Inc.), Bridge Credit Agreement

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each Each Borrowing shall be made on notice, given not later than 12:00 Noon 11:00 a.m. (Boston, Massachusetts timei) on the third Business Day prior to the date of the proposed Borrowing Borrowing, in the case of a Borrowing consisting comprised of Eurodollar Rate Advances, or the first Business Day prior to Advances and (ii) on the date of the proposed Borrowing Borrowing, in the case of a Borrowing consisting comprised of Prime Base Rate Advances, in each case by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopier, telex or cable. Each such notice of a Borrowing (a "Notice of BorrowingNOTICE OF BORROWING") shall be by telephonetelecopier, confirmed immediately in writing telex or telecopiercable, in substantially the form of Exhibit B 2.02(a) hereto, specifying therein the requested (iA) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iiiB) Type of Advances comprising such Borrowing, (ivC) aggregate amount of such Borrowing and (vD) in the case of a Borrowing consisting comprised of Eurodollar Rate Advances, the initial Interest Period for each such Advance. Each Appropriate Lender shall, before 11:00 A.M. (Boston, Massachusetts timex) 12:00 noon on the date of such Borrowing, in the case of a Borrowing comprised of Eurodollar Rate Advances, and (y) 1:00 p.m. on the date of such Borrowing, in the case of a Borrowing comprised of Base Rate Advances, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's Accountits address referred to in Section 8.02, in same day funds, such Lender's ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate LendersBorrowing. After the Administrative Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will promptly make such funds available to the Borrower by crediting at the BorrowerAgent's Accountaforesaid address.

Appears in 3 contracts

Samples: Credit Agreement (Interstate Power & Light Co), Credit Agreement (Wisconsin Power & Light Co), Credit Agreement (Alliant Energy Corp)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each Each Borrowing shall be made on notice, given (i) in the case of a Borrowing comprising Eurodollar Rate Advances, not later than 12:00 Noon 11:00 A.M. (Boston, Massachusetts New York City time) on the third Business Day prior to the date of the proposed Borrowing Borrowing, and (ii) in the case of a Borrowing consisting of Eurodollar comprising Base Rate Advances, or the first Business Day prior to not later than 11:00 A.M. (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Rate AdvancesBorrowing, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopierthereof. Each such notice of a Borrowing (a "Notice of Borrowing") shall be transmitted by telephone, confirmed immediately in writing or telecopier, facsimile in substantially the form of Exhibit B A-1 hereto, specifying therein the requested (iA) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iiiB) Type of Advances comprising to be made in connection with such Borrowing, (ivC) aggregate amount of such Borrowing Borrowing, (D) wire instructions of the Borrower, and (vE) in the case of a Borrowing consisting of comprising Eurodollar Rate Advances, initial Interest Period for each such AdvanceAdvances. Each Appropriate Lender shall, before 11:00 A.M. (Boston, Massachusetts x) 12:00 noon (New York City time) on the date of such Borrowingany Borrowing comprising Eurodollar Rate Advances, and (y) 1:00 P.M. (New York City time) on the date of any Borrowing comprising Base Rate Advances, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's ’s Account, in same day funds, such Lender's ’s ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate LendersBorrowing. After the Administrative Agent's ’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower by crediting in such manner as the Borrower's AccountBorrower shall have specified in the applicable Notice of Borrowing.

Appears in 3 contracts

Samples: Credit Agreement (Entergy Arkansas Inc), Credit Agreement (Entergy Arkansas Inc), Credit Agreement (Entergy Arkansas Inc)

Making the Advances. (a1) Except as otherwise provided in Section 2.02(b) or 2.03, each Each Borrowing shall be made on notice, given (i) in the case of a Borrowing comprising Eurodollar Rate Advances, not later than 12:00 Noon 11:00 A.M. (Boston, Massachusetts New York City time) on the third Business Day prior to the date of the proposed Borrowing Borrowing, and (ii) in the case of a Borrowing consisting of Eurodollar comprising Base Rate Advances, or the first Business Day prior to not later than 1:00 P.M. (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Rate AdvancesBorrowing, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopierthereof. Each such notice of a Borrowing (a "Notice of Borrowing") shall be transmitted by telephone, confirmed immediately in writing facsimile or telecopier, email in substantially the form of Exhibit B A-1 hereto, specifying therein the requested (iA) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iiiB) Type of Advances comprising to be made in connection with such Borrowing, (ivC) aggregate amount of such Borrowing Borrowing, (D) wire instructions of the Borrower, and (vE) in the case of a Borrowing consisting of comprising Eurodollar Rate Advances, initial Interest Period for each such AdvanceAdvances. Each Appropriate Lender shall, before 11:00 A.M. (Boston, Massachusetts x) 12:00 noon (New York City time) on the date of such Borrowingany Borrowing comprising Eurodollar Rate Advances, and (y) 3:00 P.M. (New York City time) on the date of any Borrowing comprising Base Rate Advances, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's ’s Account, in same day funds, such Lender's ’s ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate LendersBorrowing. After the Administrative Agent's ’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower by crediting in such manner as the Borrower's AccountBorrower shall have specified in the applicable Notice of Borrowing.

Appears in 3 contracts

Samples: Credit Agreement (Entergy Arkansas, LLC), Credit Agreement (Entergy Arkansas, LLC), Credit Agreement (Entergy Arkansas, LLC)

Making the Advances. (a) (i) Except as otherwise provided in Section 2.02(b) or 2.032.02(a)(ii), each Borrowing shall be made on notice, given not later than (x) 10:00 a.m. (New York City time) on the date of a proposed Borrowing consisting of Base Rate Advances and (y) 12:00 Noon noon (Boston, Massachusetts New York City time) on the third Business Day prior to the date of the a proposed Borrowing in the case of a Borrowing consisting of Eurodollar Eurocurrency Rate Advances, or the first Business Day prior to the date of the proposed Borrowing in the each case of a Borrowing consisting of Prime Rate Advances, by the Borrower Company to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopiertelecopier or electronic mail. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by electronic mail or telephone, confirmed immediately in writing by hand delivery or telecopierelectronic mail, in each case in substantially the form of Exhibit B A hereto, specifying therein the requested (iA) date of such Borrowing, (iiB) Facility under which of such Borrowing is to be madeBorrowing, (iiiC) Type of Advances comprising such Borrowing, (ivD) aggregate amount of such Borrowing Borrowing, and (vE) in the case of a Borrowing comprised of Eurocurrency Rate Advances, the initial Interest Period for each such Advance. The Company may, subject to the conditions herein provided, borrow more than one Borrowing on any Business Day. Each Appropriate Lender shall, before 1:00 p.m. (New York City time) in the case of a Borrowing consisting of Eurodollar Base Rate Advances or before 11:00 a.m. (New York City time) in the case of a Borrowing consisting of Eurocurrency Rate Advances, initial Interest Period for in each such Advance. Each Appropriate Lender shall, before 11:00 A.M. (Boston, Massachusetts time) case on the requested date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's Accountits address referred to in Section 9.02, in same day funds, such Lender's ’s ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate LendersBorrowing. After the Administrative Agent's receipt of such funds and upon Upon fulfillment of the applicable conditions set forth in Article IIISection 3.01, 3.02 or 3.03, as applicable, the Administrative Agent will make such funds available to the Borrower Company in like funds as received by the Administrative Agent either by (1) crediting the Borrower's Accountaccount of the Company on the books of the Administrative Agent with the amount of such funds or (2) wire transfer of such funds, in each case in accordance with instructions provided to (and reasonably acceptable to) the Administrative Agent by the Company; provided, however, that if the Company has an outstanding Swing Line Advance at the time of a requested Borrowing of Revolving Loan Advances, the Administrative Agent shall first make a portion of such funds equal to the aggregate principal amount of any Swing Line Advances made to the Company by the Swing Line Banks or held by any other Lender and outstanding on the date of such Borrowing, plus interest accrued and unpaid thereon to and as of such date, available to the Swing Line Banks and such other Lenders for repayment of such Swing Line Advances.

Appears in 3 contracts

Samples: Credit Agreement (Perspecta Inc.), Credit Agreement (Perspecta Inc.), Credit Agreement (Perspecta Inc.)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.032.03(c), each Borrowing shall be made on notice, given not later than (x) 12:00 Noon noon (Boston, Massachusetts New York City time) on the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurodollar Rate Advances, Advances or the first Business Day prior to (y) 12:00 noon (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by telephone, confirmed immediately in writing writing, or telecopier, telecopier in substantially the form of Exhibit B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iviii) aggregate amount of such Borrowing Borrowing, and (viv) in the case of a Borrowing consisting of Eurodollar Rate Advances, initial Interest Period for each such Advance. Each Appropriate Lender shall, before 11:00 A.M. 2:00 P.M. (Boston, Massachusetts New York City time) on the date of such Borrowing, Borrowing make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's ’s Account, in same day funds, such Lender's ’s ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate LendersBorrowing. After the Administrative Agent's ’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower by crediting at the Borrower's AccountAgent’s address referred to in Section 8.02.

Appears in 2 contracts

Samples: Credit Agreement (Embarq CORP), Credit Agreement (Embarq CORP)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each Borrowing shall be made on notice, given not later than 12:00 Noon (Boston, Massachusetts x) 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurodollar Rate Advances, Advances or the first Business Day prior to (y) 11:00 A.M. (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by telephone, confirmed immediately in writing writing, or telecopier, telecopier in substantially the form of Exhibit B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iviii) aggregate amount of such Borrowing Borrowing, and (viv) in the case of a Borrowing consisting of Eurodollar Rate Advances, initial Interest Period for each such AdvanceAdvances. Each Appropriate Lender shall, before 11:00 A.M. 1:00 P.M. (Boston, Massachusetts New York City time) on the date of such Borrowing, Borrowing make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's ’s Account, in same day funds, such Lender's ’s ratable portion of such Borrowing in accordance with the respective Revolving Credit Commitments under the applicable Facility of such Lender and the other Appropriate Lenders. After the Administrative Agent's ’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower by crediting at the Borrower's AccountAgent’s address referred to in Section 8.02.

Appears in 2 contracts

Samples: Credit Agreement (Packaging Corp of America), Five Year Credit Agreement (Packaging Corp of America)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each Each Borrowing shall be made on notice, given not later than 12:00 Noon (Boston, Massachusetts x) 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurodollar Rate Advances, Advances or the first Business Day prior to (y) 11:00 A.M. (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Base Rate Advances, by the Borrower to the Administrative Designated Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by telephone, confirmed immediately in writing writing, or telecopier, telecopier in substantially the form of Exhibit B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iviii) aggregate amount of such Borrowing Borrowing, and (viv) in the case of a Borrowing consisting of Eurodollar Rate Advances, initial Interest Period for each such Advance. Each Appropriate Lender shall, before 11:00 A.M. 1:00 P.M. (Boston, Massachusetts New York City time) on the date of such Borrowing, Borrowing make available for the account of its Applicable Lending Office to the Administrative Designated Agent at the Administrative Designated Agent's ’s Account, in same day funds, such Lender's ’s ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate LendersBorrowing. After the Administrative Designated Agent's ’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Designated Agent will make such funds available to the Borrower by crediting at the Borrower's AccountDesignated Agent’s address referred to in Section 9.02.

Appears in 2 contracts

Samples: Credit Agreement (Twenty-First Century Fox, Inc.), Credit Agreement (News Corp)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each Each Borrowing shall be made on notice, given not later than 12:00 Noon 11:00 a.m. (Boston, Massachusetts New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing Borrowing, in the case of a Borrowing consisting comprised of Eurodollar Rate Advances, or the first Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Rate Advances, by the Borrower Company to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopiertelex, telecopier or cable. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by telephonetelex, telecopier or cable, confirmed immediately promptly in writing or telecopierwriting, in substantially the form of Exhibit B A-1 hereto, specifying therein the requested (i) date of such Borrowing, which date shall be a Business Day, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iviii) aggregate amount of such Borrowing Borrowing, and (viv) in the case of a Borrowing consisting comprised of Eurodollar Rate Advances, initial the Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.07(b). Each Appropriate Lender shall, before 11:00 A.M. 1:00 p.m. (Boston, Massachusetts New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's Accountits address referred to in Section 8.02, in same day funds, such Lender's ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate LendersBorrowing. After the Administrative Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower by crediting Company at the BorrowerAdministrative Agent's Accountaforesaid address.

Appears in 2 contracts

Samples: Credit Agreement (Progress Energy Inc), Credit Agreement (Progress Energy Inc)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each Each Borrowing shall be made on notice, given not later than (x) 12:00 Noon noon (Boston, Massachusetts New York City time) on the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurodollar Rate Advances, Advances or the first Business Day prior to (y) 12:00 noon (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopier. Each such notice of such a Borrowing (a "Notice of Borrowing") shall be by telephone, confirmed immediately in writing writing, or telecopier, telecopier in substantially the form of Exhibit B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iviii) aggregate amount of such Borrowing Borrowing, and (viv) in the case of a Borrowing consisting of Eurodollar Rate Advances, initial Interest Period for each such Advance. Each Appropriate Lender shall, before 11:00 A.M. 2:00 P.M. (Boston, Massachusetts New York City time) on the date of such Borrowing, Borrowing make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's Account, in same day funds, such Lender's ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate LendersBorrowing. After the Administrative Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will promptly, and in any event on the date of such Borrowing, make such funds available to the Borrower by crediting wire transfer to the Borrower's Account.

Appears in 2 contracts

Samples: Bridge Credit Agreement (Tribune Co), Bridge Credit Agreement (Tribune Co)

Making the Advances. (a) Except as otherwise The Borrower may borrow under the Commitments during the Commitment Period on any Business Day, provided in Section 2.02(b) or 2.03, that each Borrowing shall be made on notice, given not later than 12:00 Noon 11:00 A.M. (Boston, Massachusetts New York City time) on the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurodollar Rate Advances, Advances or the first Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopierthereof. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by telephone, confirmed immediately in writing or telecopier, by telecopier in substantially the form of Exhibit B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iviii) aggregate amount of such Borrowing (iv) remittance instructions and (v) in the case of a Borrowing consisting of Eurodollar Rate Advances, initial Interest Period for each such Advance. Each Appropriate Lender shall, before 11:00 A.M. 1:00 P.M. (Boston, Massachusetts New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's ’s Account, in same day funds, such Lender's ’s ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate LendersBorrowing. After the Administrative Agent's ’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article IIIIV, the Administrative Agent will make such funds available to the Borrower by crediting at the Borrower's AccountAgent’s address referred to in Section 9.02.

Appears in 2 contracts

Samples: Day Revolving Credit Agreement (Oracle Corp), Day Revolving Credit Agreement (Oracle Corp)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each Each Borrowing shall be made on notice, given not later than 12:00 Noon 11:00 a.m. (Boston, Massachusetts New York City time) (i) on the third Business Day prior to the date of the proposed Borrowing Borrowing, in the case of a Borrowing consisting comprised of Eurodollar Rate Advances, or the first Business Day prior to Advances and (ii) on the date of the proposed Borrowing Borrowing, in the case of a Borrowing consisting comprised of Prime Base Rate Advances, in each case by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopier, telex or cable. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by telephonetelecopier, confirmed immediately in writing telex or telecopiercable, in substantially the form of Exhibit B 2.02(a) hereto, specifying therein the requested (iA) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iiiB) Type of Advances comprising such Borrowing, (ivC) aggregate amount of such Borrowing and (vD) in the case of a Borrowing consisting comprised of Eurodollar Rate Advances, the initial Interest Period for each such Advance. Each Appropriate Lender shall, before 11:00 A.M. (Boston, Massachusetts timex) 12:00 noon on the date of such Borrowing, in the case of a Borrowing comprised of Eurodollar Rate Advances, and (y) 1:00 p.m. on the date of such Borrowing, in the case of a Borrowing comprised of Base Rate Advances, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's Accountits address referred to in Section 8.02, in same day funds, such Lender's ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate LendersBorrowing. After the Administrative Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will promptly make such funds available to the Borrower by crediting at the BorrowerAgent's Accountaforesaid address.

Appears in 2 contracts

Samples: Credit Agreement (Alliant Energy Corp), Credit Agreement (Alliant Energy Corp)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each Borrowing (other than a Competitive Bid Borrowing) shall be made on notice, given not later than 12:00 Noon (Boston, Massachusetts New York City time) on the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurodollar Eurocurrency Rate Advances, or the first Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Rate Advances, by the relevant Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopiertelecopier or telex. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by telephone, confirmed immediately in writing writing, or telecopier, telecopier or telex in substantially the form of Exhibit B B-1 hereto, specifying therein the requested (i) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iv) aggregate amount of such Borrowing Borrowing, and (v) in the case of a Borrowing consisting of Eurodollar Eurocurrency Rate Advances, initial Interest Period and the currency for each such Advance. Each Appropriate Lender shall, before 11:00 A.M. 12:00 Noon (Boston, Massachusetts New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's Account, in same day funds, such Lender's ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate LendersBorrowing. After the Administrative Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower by crediting at the BorrowerAdministrative Agent's Accountaddress referred to in Section 9.02.

Appears in 2 contracts

Samples: Pledge Agreement (Paxar Corp), Credit Agreement (Paxar Corp)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.032.03(c), each Borrowing shall be made on notice, given not later than 12:00 Noon (Boston, Massachusetts x) 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurodollar Rate Advances, Advances or the first Business Day prior to (y) 11:00 A.M. (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by telephone, confirmed immediately in writing writing, or telecopier, telecopier in substantially the form of Exhibit B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iviii) aggregate amount of such Borrowing Borrowing, and (viv) in the case of a Borrowing consisting of Eurodollar Rate Advances, initial Interest Period for each such Advance. Each Appropriate Lender shall, before 11:00 A.M. 1:00 P.M. (Boston, Massachusetts New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative applicable Agent's ’s Account, in same day funds, such Lender's ’s ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate LendersBorrowing. After the Administrative Agent's ’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower by crediting at the Borrower's AccountAgent’s address referred to in Section 9.02 or at the applicable Payment Office, as the case may be.

Appears in 2 contracts

Samples: Credit Agreement (Hillenbrand, Inc.), Credit Agreement (Hill-Rom Holdings, Inc.)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each Each Borrowing shall be made on notice, given not later than 12:00 Noon 11:00 a.m. (Boston, Massachusetts New York City time) on the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurodollar Rate Advances, or the first Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Base Rate Advances, by the Borrower Company to the Administrative Agent, which shall give to each Appropriate Lender Bank prompt notice thereof by telecopiertelecopier or telex. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by telephonetelecopier or telex, confirmed immediately promptly in writing or telecopierwriting, in substantially the form of Exhibit B heretoB, specifying therein the requested (i) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iviii) aggregate amount of such Borrowing and (viv) in the case of a Borrowing consisting of Eurodollar Rate Advances, initial Interest Period for each such Advance. Each Appropriate Lender Bank shall, before 11:00 A.M. a.m. (BostonNew York City time), Massachusetts in the case of a Borrowing consisting of Eurodollar Rate Advances, or before 1:00 p.m. (New York City time) ), in the case of a Borrowing consisting of Base Rate Advances, on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's Account, in same day funds, such LenderBank's ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate LendersBorrowing. After the Administrative Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such same day funds available to the Borrower Company at the Company's account at the Administrative Agent's address referred to in Section 9.02; provided that Advances made to finance an LC Reimbursement Obligation as provided in Section 2.02 shall be remitted by crediting the Borrower's AccountAdministrative Agent to the respective Issuing Bank or the Banks as their interests may appear.

Appears in 2 contracts

Samples: Letter of Credit Agreement (Cigna Corp), Letter of Credit Agreement (Cigna Corp)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.032.03(c), each Borrowing (other than Swing Line Borrowings) shall be made on notice, given not later than (x) 12:00 Noon noon (Boston, Massachusetts New York City time) on the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurodollar Rate Advances, Advances or the first Business Day prior to (y) 12:00 noon (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopier. Each such notice of such a Borrowing (a "Notice of Borrowing") shall be by telephone, confirmed immediately in writing writing, or telecopier, telecopier in substantially the form of Exhibit B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iii) the Facility under which such Borrowing is made, (iv) aggregate amount of such Borrowing Borrowing, and (v) in the case of a Borrowing consisting of Eurodollar Rate Advances, initial Interest Period for each such Advance. Each Appropriate Lender shall, before 11:00 A.M. 2:00 P.M. (Boston, Massachusetts New York City time) on the date of such Borrowing, Borrowing make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's Account, in same day funds, such Lender's ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate LendersBorrowing. After the Administrative Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will promptly, and in any event on the date of such Borrowing, make such funds available to the Borrower by crediting wire transfer to the Borrower's Account.

Appears in 2 contracts

Samples: Credit Agreement (Tribune Co), Credit Agreement (Tribune Co)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each Each Borrowing shall be made on notice, given not later than 12:00 Noon (Boston1) in the case of a proposed Borrowing comprised of Eurodollar Rate Advances, Massachusetts 11:00 A.M. (New York City time) on the third at least three Business Day Days prior to the date of the proposed Borrowing Borrowing, and (2) in the case of a proposed Borrowing consisting comprised of Eurodollar Base Rate Advances, or the first Business Day prior to 10:00 A.M. (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Rate AdvancesBorrowing, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender Bank prompt notice thereof by telecopiertelecopy, telex or cable. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by telephone, confirmed immediately in writing writing, or telecopierby telecopy, telex or cable in substantially the form of Exhibit B hereto, executed by the Borrower and specifying therein the requested (i) date of such BorrowingBorrowing (which shall be a Business Day), (ii) Facility under which such Borrowing is to be made, (iii) initial Type of Advances comprising such Borrowing, (iv) Borrowing and the aggregate amount of such Borrowing and (v) in the case of a Borrowing consisting of Eurodollar Rate Advances, initial Interest Period for each such AdvanceBorrowing. Each Appropriate Lender Bank shall, before 11:00 A.M. (Boston, Massachusetts New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's Accountits New York address referred to in Section 8.2, in same day funds, such LenderBank's ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate LendersBorrowing. After the Administrative Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower by crediting at the BorrowerAdministrative Agent's Accountaforesaid address.

Appears in 2 contracts

Samples: Credit Agreement (Williams Companies Inc), Credit Agreement (Williams Companies Inc)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.032.03(c), each Borrowing shall be made on notice, given not later than 12:00 Noon (Boston, Massachusetts x) 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurodollar Rate Advances, Advances or the first Business Day prior to (y) 11:00 A.M. (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Base Rate Advances, by the any Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by telephone, confirmed immediately in writing writing, or telecopier, telecopier in substantially the form of Exhibit B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iviii) aggregate amount of such Borrowing Borrowing, and (viv) in the case of a Borrowing consisting of Eurodollar Rate Advances, initial Interest Period for each such Advance. Each Appropriate Lender shall, before 11:00 A.M. 1:00 P.M. (Boston, Massachusetts New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's ’s Account, in same day funds, such Lender's ’s ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate LendersBorrowing. After the Administrative Agent's ’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article IIISection 3.02, the Administrative Agent will make such funds available to the Borrower by crediting requesting the Borrower's AccountBorrowing at the Agent’s address referred to in Section 9.02.

Appears in 2 contracts

Samples: Credit Agreement (Cooper Industries PLC), Credit Agreement (Cooper Industries PLC)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each The Borrowing shall be made on notice, given not later than 12:00 Noon 11:00 A.M. (Boston, Massachusetts New York City time) on the third Business Day prior to the date of the proposed Borrowing in the case of a any part of the Borrowing consisting of Eurodollar Rate Advances, or the first Business Day prior to 10:30 A.M. (New York City time) on the date of the proposed Borrowing in the case of a any part of the Borrowing consisting of Prime Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telephone, confirmed immediately in writing, or by telecopier. Each such Such notice of a Borrowing (a the "Notice of Borrowing") shall be by telephone, confirmed immediately in writing writing, or telecopier, in substantially the form of Exhibit B hereto, specifying therein the requested (i) date of such the Borrowing, (ii) Facility under which such Borrowing is to be madeType of Advances comprising the Borrowing, (iii) Type of Advances comprising such Borrowing, (iv) aggregate amount of such the Borrowing and (viv) in the case of a any part of the Borrowing consisting of Eurodollar Rate Advances, initial Interest Period for each such Advance. Each Appropriate Lender shall, before 11:00 A.M. (Boston, Massachusetts New York City time) on the date of such the Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's Account, in same day funds, such Lender's ratable portion of such the Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate Lenders. After the Administrative Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower by crediting the Borrower's Account.

Appears in 2 contracts

Samples: Credit Agreement (Sodexho Alliance S A), Credit Agreement (Sodexho Mariott Services Inc)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each Each Borrowing shall be made on notice, which may be given by telephone or a Notice of Borrowing (provided, that any telephonic notice must be confirmed immediately by delivery to the Administrative Agent of a Notice of Borrowing). Such Notice of Borrowing must be given by the Borrower to the Administrative Agent (i) in the case of a Borrowing comprising Eurodollar Rate Advances, not later than 12:00 Noon 11:00 a.m. (Boston, Massachusetts New York time) on the third Business Day prior to the date of the proposed Borrowing Closing Date, and (ii) in the case of a Borrowing consisting of Eurodollar comprising Alternate Base Rate Advances, or not later than 11:00 a.m. (New York time) on the first Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Rate AdvancesClosing Date, by the Borrower to and the Administrative Agent, which Agent shall give to each Appropriate Lender prompt notice thereof by telecopierthereof. Each such Such telephonic notice of a Borrowing (a "and Notice of Borrowing") Borrowing shall be by telephone, confirmed immediately in writing or telecopier, in substantially the form of Exhibit B hereto, specifying therein specify the requested (iA) date Type of Advances to be made in connection with such Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (ivB) aggregate amount of such Borrowing and (vC) in the case of a Borrowing consisting of comprising Eurodollar Rate Advances, the initial Interest Period for each such Advance, which Borrowing shall be subject to the limitations stated in the definition of “Interest Period” in Section 1.01. Each Appropriate Lender shall, before 11:00 A.M. 1:00 p.m. (Boston, Massachusetts New York time) on the date of such BorrowingClosing Date, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's Accountits address referred to in Section 8.02, in same day funds, such Lender's ratable portion ’s Percentage of each such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate LendersBorrowing. After the Administrative Agent's ’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower by crediting at the Borrower's AccountAdministrative Agent’s aforesaid address.

Appears in 2 contracts

Samples: Credit Agreement (FirstEnergy Solutions Corp.), Credit Agreement

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each Each Borrowing shall be made on notice, given not later than 12:00 Noon 11:00 A.M. (Boston, Massachusetts New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing Borrowing, in the case of a Borrowing consisting comprised of Eurodollar Rate Advances, or the first Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Rate Advances, by the Borrower Company to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopiertelex, telecopier or cable. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by telephonetelex, telecopier or cable, confirmed immediately promptly in writing or telecopierwriting, in substantially the form of Exhibit B A-1 hereto, specifying therein the requested (i) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iviii) aggregate amount of such Borrowing Borrowing, and (viv) in the case of a Borrowing consisting comprised of Eurodollar Rate Advances, initial the Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.07(b). Each Appropriate Lender shall, before 11:00 A.M. 12:00 P.M. (Boston, Massachusetts New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's Accountits address referred to in Section 8.02, in same day funds, such Lender's ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate LendersBorrowing. After the Administrative Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower by crediting Company at the BorrowerAdministrative Agent's Accountaforesaid address.

Appears in 2 contracts

Samples: Credit Agreement (Progress Energy Inc), Credit Agreement (Progress Energy Inc)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each Each Borrowing shall be made on noticenotice by the Borrower, given not later than 12:00 Noon 9:00 A.M. (Boston, Massachusetts Tokyo time) on the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurodollar Rate AdvancesBorrowing, or the first Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopiertelecopier or other electronic communication. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by telephone, confirmed immediately in writing writing, including by telecopier (or telecopier, other electronic communication) in substantially the form of Exhibit B A hereto, specifying therein the requested (i) date of such BorrowingBorrowing (which shall be a Business Day), (ii) Facility under which such Borrowing is to be made, (iii) Type Class of Advances comprising such Borrowing, (iviii) aggregate amount of such Borrowing, (iv) initial Interest Period for such Advance, if such Borrowing is to consist of Eurocurrency Rate Advances, and (v) account or accounts in which the case proceeds of a the Borrowing consisting of Eurodollar Rate Advances, initial Interest Period for each such Advanceshould be credited. Each Appropriate Lender shall, before 11:00 A.M. (Boston, Massachusetts Tokyo time) on the date of such Borrowing, Borrowing make available for the account of its Applicable Lending Office to the Administrative Agent at the applicable Administrative Agent's Account’s Office, in same day funds, such Lender's ’s ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate LendersBorrowing. After the Administrative Agent's ’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower in immediately available funds to the account or accounts specified by crediting the Borrower's AccountBorrower to the Administrative Agent in the Notice of Borrowing relating to the applicable Borrowing. Notwithstanding anything to the contrary herein, there shall not be more than ten separate Borrowings of Advances.

Appears in 2 contracts

Samples: Bridge Credit Agreement (Takeda Pharmaceutical Co LTD), Bridge Credit Agreement (Takeda Pharmaceutical Co LTD)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.032.03(c), each Borrowing shall be made on notice, given not later than 12:00 Noon (Boston, Massachusetts x) 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurodollar Rate Advances, Advances or the first Business Day prior to (y) 11:00 A.M. (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by telephone, confirmed immediately in writing writing, or telecopier, telecopier in substantially the form of Exhibit B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iviii) aggregate amount of such Borrowing Borrowing, and (viv) in the case of a Borrowing consisting of Eurodollar Rate Advances, initial Interest Period for each such Advance. Each Appropriate Lender shall, before 11:00 A.M. 1:00 P.M. (Boston, Massachusetts New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's ’s Account, in same day funds, such Lender's ’s ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate LendersBorrowing. After the Administrative Agent's ’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower by crediting at the Borrower's AccountAgent’s address referred to in Section 8.02.

Appears in 2 contracts

Samples: Credit Agreement (Everest Re Group LTD), Credit Agreement (Everest Re Group LTD)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each Each Borrowing shall be made ------------------- on notice, given not later than 12:00 Noon 11:00 A.M. (Boston, Massachusetts New York City time) on the same Business Day as the date of a proposed Borrowing comprised of Base Rate Advances and not later than 1:00 P.M. (New York City time) on the third Business Day prior to the date of the a proposed Borrowing in the case of a Borrowing consisting comprised of Eurodollar Rate Advances, or the first Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopiertelecopier or telex. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by telecopier or telex, or by telephone, confirmed immediately in writing by telecopier or telecopiertelex, in substantially the form of Exhibit B A hereto, specifying therein the requested (i) date of such BorrowingBorrowing (which shall be a Business Day), (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iviii) aggregate amount of such Borrowing Borrowing, and (viv) in the case of a Borrowing consisting comprised of Eurodollar Rate Advances, initial Interest Period for each such Advance. Each Appropriate Lender shall, before 11:00 A.M. 1:00 P.M. (Boston, Massachusetts New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's Account, in same day funds, such Lender's ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate LendersBorrowing. After the Administrative Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower by crediting at the Borroweroffice where the Administrative Agent's AccountAccount is maintained.

Appears in 2 contracts

Samples: Credit Agreement (Walt Disney Co/), Credit Agreement (Walt Disney Co/)

Making the Advances. (a) Except as otherwise provided in The Borrowings to be made on the Closing Date pursuant to Section 2.02(b) or 2.03, each Borrowing 2.01 shall be made on notice, which may be given by telephone or a Notice of Borrowing (provided, that any telephonic notice must be confirmed immediately by delivery to the Administrative Agent of a Notice of Borrowing). Such Notice of Borrowing must be given by the Borrower to the Administrative Agent (i) in the case of a Borrowing comprising Eurodollar Rate Advances, not later than 12:00 Noon 11:00 a.m. (Boston, Massachusetts New York time) on the third Business Day prior to the date of Closing Date (or such other time as the proposed Borrowing Administrative Agent and the Lenders may agree in their sole discretion), and (ii) in the case of a Borrowing consisting of Eurodollar comprising Alternate Base Rate Advances, or not later than 11:00 a.m. (New York time) on the first Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Rate AdvancesClosing Date, by the Borrower to and the Administrative Agent, which Agent shall give to each Appropriate Lender prompt notice thereof by telecopierthereof. Each such Such telephonic notice of a Borrowing (a "and Notice of Borrowing") Borrowing shall be by telephone, confirmed immediately in writing or telecopier, in substantially the form of Exhibit B hereto, specifying therein specify the requested (iA) date Type of Advances to be made in connection with such Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (ivB) aggregate amount of such Borrowing and (vC) in the case of a Borrowing consisting of comprising Eurodollar Rate Advances, the initial Interest Period for each such Advance, which Borrowing shall be subject to the limitations stated in the definition of “Interest Period” in Section 1.01. Each Appropriate Lender shall, before 11:00 A.M. 1:00 p.m. (Boston, Massachusetts New York time) on the date of such BorrowingClosing Date, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's Accountits address referred to in Section 8.02, in same day funds, such Lender's ratable portion ’s Percentage of each such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate LendersBorrowing. After the Administrative Agent's ’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower by crediting at the Borrower's AccountAdministrative Agent’s aforesaid address.

Appears in 2 contracts

Samples: Credit Agreement (Firstenergy Corp), Credit Agreement (Firstenergy Corp)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each Each Borrowing shall be made on notice, given not later than 12:00 Noon 11:00 a.m. (Boston, Massachusetts New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing Borrowing, in the case of a Borrowing consisting comprised of Eurodollar Rate Advances, or the first Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Rate Advances, by the Borrower Company to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopiertelex, telecopier or cable. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by telephonetelex, telecopier, cable or e-mail, confirmed immediately promptly in writing or telecopier(and, in the case of e-mail, confirmed promptly with a signed copy of such notice sent via facsimile to the Administrative Agent), in substantially the form of Exhibit B A-1 hereto, specifying therein the requested (i) date of such Borrowing, which date shall be a Business Day, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iviii) aggregate amount of such Borrowing Borrowing, and (viv) in the case of a Borrowing consisting comprised of Eurodollar Rate Advances, initial the Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.07(b). Each Appropriate Lender shall, before 11:00 A.M. 1:00 p.m. (Boston, Massachusetts New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's Accountits address referred to in Section 8.02, in same day funds, such Lender's ’s ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate LendersBorrowing. After the Administrative Agent's ’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower by crediting Company at the Borrower's AccountAdministrative Agent’s aforesaid address.

Appears in 2 contracts

Samples: Credit Agreement (Progress Energy Inc), Credit Agreement (Progress Energy Inc)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each Each Borrowing shall be made on notice, given not later than 12:00 Noon 11:00 A.M. (Boston, Massachusetts New York City time) on the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurodollar Rate Advances, or the first Business Day prior to 10:30 A.M. (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telephone, confirmed immediately in writing, or by telecopier. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by telephone, confirmed immediately in writing writing, or telecopier, in substantially the form of Exhibit B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iv) aggregate amount of such Borrowing and (v) in the case of a Borrowing consisting of Eurodollar Rate Advances, initial Interest Period for each such Advance. Each Appropriate Lender shall, before 11:00 A.M. (Boston, Massachusetts New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's Account, in same day funds, such Lender's ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate Lenders. After the Administrative Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower by crediting such account or accounts as the Borrower's AccountBorrower shall direct.

Appears in 2 contracts

Samples: Credit Agreement (Sodexho Mariott Services Inc), Credit Agreement (Sodexho Alliance S A)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each Each Borrowing shall be made on notice, given not later than 12:00 Noon (Boston, Massachusetts New York City time) on the third at least ten (10) Business Day Days prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurodollar Rate Advances, or the first Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Rate AdvancesBorrowing, by the Borrower Borrowers to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telex or telecopier. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by telephone, confirmed immediately in writing writing, or telecopiertelex or telecopier or e-mail, in each case in substantially the form of Exhibit B hereto, specifying therein the requested (i) the requested date of such Borrowing, (ii) Facility under which if the requested Advance is a Working Capital Advance or an Acquisition Advance, and a description of how such Borrowing is Advance will be applied by Borrowers (including, in the case of an Acquisition Advance, a description of the Proposed Collateral Assets related to be madesuch Acquisition Advance), (iii) Type of Advances comprising such Borrowingif the requested Advance is for the purpose described in Section 2.07(e), the requested Interest Period, and (iv) the requested aggregate amount of such Borrowing and (v) in the case of a Borrowing consisting Borrowing. All Borrowings requested pursuant to this Section 2.02 shall be for Borrowings of Eurodollar Rate Advances, initial Interest Period for each such Advance. Each Appropriate Lender shall, before 11:00 A.M. 12:00 Noon (Boston, Massachusetts New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's ’s Account, in same day funds, such Lender's ’s ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate Lenders. After the Administrative Agent's ’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower Borrowers by crediting the Borrower's Borrowers’ Account.

Appears in 1 contract

Samples: Term Loan Agreement (American Realty Capital Hospitality Trust, Inc.)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each Borrowing shall be made on notice, given not later than 12:00 Noon 11:00 A.M. (Boston, Massachusetts New York City time) on the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurodollar Rate Advances, or the first Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by telephone, confirmed immediately in writing writing, or telecopier, in substantially the form of Exhibit B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iv) aggregate amount of such Borrowing and (v) in the case of a Borrowing consisting of Eurodollar Rate Advances, initial Interest Period for each such Advance. Each Appropriate Lender shall, before 11:00 A.M. (Boston, Massachusetts New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's Account, in same day funds, such Lender's ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate Lenders. After the Administrative Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower by crediting the Borrower's Account; provided, however, that, in the case of any Revolving Credit Borrowing, the Administrative Agent shall first make a portion of such funds equal to the aggregate principal amount of any Letter of Credit Advances made by Issuing Bank and by any other Revolving Credit Lender and outstanding on the date of such Revolving Credit Borrowing, plus interest accrued and unpaid thereon to and as of such date, available to the Issuing Bank and such other Revolving Credit Lenders for repayment of such Letter of Credit Advances.

Appears in 1 contract

Samples: Credit Agreement (Key3media Group Inc)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each Each Borrowing shall be made on notice, given not later than 12:00 Noon (Boston, Massachusetts x) 1:00 p.m. (New York City time) on the third U.S. Government Securities Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurodollar SOFR Rate Advances, Advances or the first Business Day prior to (y) 1:00 p.m. (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopierthereof. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by telephone, telephone (confirmed immediately in writing writing) electronic delivery, or telecopier, telecopier in substantially the form of Exhibit B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iviii) aggregate amount of such Borrowing Borrowing, and (viv) in the case of a Borrowing consisting of Eurodollar SOFR Rate Advances, initial Interest Period for each such Advance. Each Appropriate Lender shall, before 11:00 A.M. 3:00 P.M. (Boston, Massachusetts New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's ’s Account, in same day funds, such Lender's Xxxxxx’s ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate LendersBorrowing. After the Administrative Agent's ’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower by crediting consistent with the Borrower's Accountinstructions set forth in the Notice of Borrowing.

Appears in 1 contract

Samples: Day Credit Agreement (Dollar General Corp)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each Each Borrowing shall be made on notice, given (i) in the case of a Borrowing comprising Eurodollar Rate Advances, not later than 12:00 Noon 11:00 a.m. (Boston, Massachusetts New York time) on the third Business Day prior to the date of the proposed Borrowing Borrowing, and (ii) in the case of a Borrowing consisting of Eurodollar comprising Alternate Base Rate Advances, or the first Business Day prior to not later than 11:00 a.m. (New York time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Rate AdvancesBorrowing, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopierthereof. Each such notice of a Borrowing (a "Notice of Borrowing") by the Borrower shall be by telephone, confirmed immediately in writing telecopier or telecopiercable, in substantially the form of Exhibit B hereto, specifying therein the requested (iA) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iiiB) Type of Advances comprising to be made in connection with such Borrowing, (ivC) aggregate amount of such Borrowing Borrowing, and (vD) in the case of a Borrowing consisting of comprising Eurodollar Rate Advances, the initial Interest Period for each such Advance, which Borrowing shall be subject to the limitations stated in the definition of “Interest Period” in Section 1.01. Each Appropriate Lender shall, before 11:00 A.M. 1:00 p.m. (Boston, Massachusetts New York time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's Accountits address referred to in Section 8.02, in same day funds, such Lender's ’s ratable portion (according to the Lenders’ respective Commitments) of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate LendersBorrowing. After the Administrative Agent's ’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower by crediting at the Borrower's AccountAdministrative Agent’s aforesaid address.

Appears in 1 contract

Samples: Year Credit Agreement (Jersey Central Power & Light Co)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each Each Borrowing shall be made on noticenotice given by the Borrower or a Borrowing Subsidiary, given as the case may be, and received by the Administrative Agent, which shall give prompt notice thereof to each Lender by facsimile, not later than 12:00 Noon 11:00 A.M. (Boston, Massachusetts New York City time) on the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurodollar Rate Advances, or the first same Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a "Notice of Borrowing") shall be given by telephonefacsimile, confirmed immediately in writing by hand or telecopierby mail, in substantially the form of Exhibit B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iviii) aggregate amount of such Borrowing Borrowing, and (viv) in the case of a Borrowing consisting comprised of Eurodollar Rate Advances, initial the Interest Period for each such Advance. Each Appropriate Upon fulfillment of the applicable conditions set forth in Article III, each Lender shall, before 11:00 A.M. 12:00 noon (Boston, Massachusetts New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's ’s Account, in same day immediately available funds, such Lender's ’s ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate LendersBorrowing. After the Administrative Agent's ’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will promptly make such funds available to the Borrower by crediting at the Borrower's AccountAdministrative Agent’s address referred to in Section 8.02.

Appears in 1 contract

Samples: Assignment and Assumption (Colgate Palmolive Co)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each The Borrowing shall be made on notice, notice given by the Borrower to the Administrative Agent not later than 12:00 Noon 11:00 A.M. (Boston, Massachusetts New York City time) on the third Business Day prior to the date of the proposed Borrowing in Date (the case of a Borrowing consisting of Eurodollar Rate Advances, or the first Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a "Notice of Borrowing") ). Immediately following receipt of the Notice of Borrowing, the Administrative Agent shall give to each Lender notice thereof by telex or facsimile transmission (in the case of EDC, such notice will be sent by facsimile transmission). The Notice of Borrowing shall be sent by telephonethe Borrower requesting the Advance by telex or facsimile transmission, confirmed immediately in writing or telecopierwriting, in substantially the form of Exhibit B hereto, specifying therein the requested (i) date the requested Borrowing Date, (ii) the requested aggregate principal amount of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowingthe Interest Period therefor, and (iv) aggregate amount the payment instructions for such Borrowing. The Administrative Agent shall promptly notify each Lender of such Borrowing and (v) in the case of a Borrowing consisting of Eurodollar Rate Advances, initial Interest Period for each such Advanceapplicable interest rate under Section 2.05. Each Appropriate Lender shall, before 11:00 A.M. (Boston, Massachusetts New York City time) on the date of such BorrowingBorrowing Date, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's Account, in same day funds, such Lender's ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate LendersBorrowing. After the Administrative Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower requesting the Advance by crediting the account of the Borrower's Account, in immediately available funds.

Appears in 1 contract

Samples: Credit Agreement (Mexican Economic Development Inc)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each Each Borrowing shall be made on notice, given (i) in the case of a Borrowing comprising Eurodollar Rate Advances, not later than 12:00 Noon 11:00 a.m. (Boston, Massachusetts New York time) on the third Business Day prior to the date of the proposed Borrowing Borrowing, and (ii) in the case of a Borrowing consisting of Eurodollar comprising Alternate Base Rate Advances, or the first Business Day prior to not later than 11:00 a.m. (New York time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Rate AdvancesBorrowing, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopierthereof. Each such notice of a Borrowing (a "Notice of Borrowing") by the Borrower shall be by telephone, confirmed immediately in writing telecopier or telecopiercable, in substantially the form of Exhibit B C hereto, specifying therein the requested (iA) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iiiB) Type of Advances comprising to be made in connection with such Borrowing, (ivC) aggregate amount of such Borrowing Borrowing, and (vD) in the case of a Borrowing consisting of comprising Eurodollar Rate Advances, the initial Interest Period for each such Advance, which Borrowing shall be subject to the limitations stated in the definition of “Interest Period” in Section 1.01. Each Appropriate Lender shall, before 11:00 A.M. 1:00 p.m. (Boston, Massachusetts New York time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's Accountits address referred to in Section 8.02, in same day funds, such Lender's ’s ratable portion (according to the Lenders’ respective Commitments) of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate LendersBorrowing. After the Administrative Agent's ’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower by crediting at the Borrower's AccountAdministrative Agent’s aforesaid address.

Appears in 1 contract

Samples: Credit Agreement (Jersey Central Power & Light Co)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each Each Borrowing shall be made on notice, given (i) in the case of a Borrowing comprising Eurodollar Rate Advances, not later than 12:00 Noon 11:00 A.M. (Boston, Massachusetts New York City time) on the third Business Day prior to the date of the proposed Borrowing Borrowing, and (ii) in the case of a Borrowing consisting of Eurodollar comprising Base Rate Advances, or the first Business Day prior to not later than 11:00 A.M. (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Rate AdvancesBorrowing, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopierthereof. Each such notice of a Borrowing (a "Notice of Borrowing") shall be transmitted by telephonetelecopier, telex or cable, confirmed immediately in writing or telecopierwriting, in substantially the form of Exhibit B A-1 hereto, specifying therein the requested (iA) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iiiB) Type of Advances comprising to be made in connection with such Borrowing, (ivC) aggregate amount of such Borrowing Borrowing, (D) wire instructions of the Borrower, and (vE) in the case of a Borrowing consisting of comprising Eurodollar Rate Advances, initial Interest Period for each such AdvanceAdvances. Each Appropriate Lender shall, before 11:00 A.M. (Boston, Massachusetts x) 12:00 noon (New York City time) on the date of such Borrowingany Borrowing comprising Eurodollar Rate Advances, and (y) 1:00 P.M. (New York City time) on the date of any Borrowing comprising Base Rate Advances, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's Accountits address referred to in Section 8.02, in same day funds, such Lender's ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate LendersBorrowing. After the Administrative Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower by crediting at the BorrowerAdministrative Agent's Accountaforesaid address.

Appears in 1 contract

Samples: Credit Agreement (Entergy Gulf States Inc)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.032.03(c), each Borrowing shall be made on notice, given not later than 12:00 Noon (Boston, Massachusetts x) 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Borrowing in the case of 11 a Borrowing consisting of Eurodollar Rate Advances, Advances or the first Business Day prior to (y) 11:00 A.M. (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by telephone, confirmed immediately in writing writing, or telecopier, telecopier in substantially the form of Exhibit B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iviii) aggregate amount of such Borrowing Borrowing, and (viv) in the case of a Borrowing consisting of Eurodollar Rate Advances, initial Interest Period for each such Advance. Each Appropriate Lender shall, before 11:00 A.M. 1:00 P.M. (Boston, Massachusetts New York City time) on the date of such Borrowing, Borrowing make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's ’s Account, in same day funds, such Lender's ’s ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate LendersBorrowing. After the Administrative Agent's ’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower by crediting at the Borrower's AccountAgent’s address referred to in Section 8.02.

Appears in 1 contract

Samples: Credit Agreement (Intuit Inc)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each Each Borrowing shall be made on notice, given not later than 12:00 Noon 11:00 A.M. (Boston, Massachusetts New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing Borrowing, in the case of a Borrowing consisting comprised of Eurodollar Rate Advances, or the first Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by telephonetelecopier, confirmed immediately promptly in writing or telecopierwriting, in substantially the form of Exhibit B A-1 hereto, specifying therein the requested (i) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iviii) aggregate amount of such Borrowing Borrowing, and (viv) in the case of a Borrowing consisting comprised of Eurodollar Rate Advances, initial the Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Appropriate Lender shall, before 11:00 A.M. 12:00 P.M. (Boston, Massachusetts New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's Accountits address referred to in Section 8.02, in same day funds, such Lender's ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate LendersBorrowing. After the Administrative Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower by crediting at the BorrowerAdministrative Agent's Accountaforesaid address.

Appears in 1 contract

Samples: Credit Agreement (Progress Energy Inc)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each Each Borrowing shall be made on notice, given not later than (x) 10:00 A.M. (New York City time) on the date of a proposed Borrowing consisting of Base Rate Advances, (y) 12:00 Noon noon (Boston, Massachusetts New York City time) on the third U.S. Government Securities Business Day prior to the date of the a proposed Borrowing in the case of a Borrowing consisting of Eurodollar Rate Advances, or the first Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Reference Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopieremail. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by email or telephone (if telephone, confirmed immediately in writing or telecopierby email), in substantially the form of Exhibit B A hereto, specifying therein the requested (i) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iviii) aggregate amount of such Borrowing and (viv) in the case of a Borrowing comprised of Reference Rate Advances, the initial Interest Period for each such Advance. The Borrower may, subject to the conditions herein provided, borrow more than one Borrowing on any Business Day. Each Lender shall, before 1:00 P.M. (New York City time) in the case of a Borrowing consisting of Eurodollar Base Rate Advances, initial Interest Period for each such Advance. Each Appropriate Lender shall, before 11:00 A.M. (Boston, Massachusetts New York City time) in the case of a Borrowing consisting of Reference Rate Advances, in each case on the requested date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's Accountits applicable address referred to in Section 9.02, in same day funds, such Lender's Xxxxxx’s ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate LendersBorrowing. After the Administrative Agent's receipt of such funds and upon Upon fulfillment of the applicable conditions set forth in Article IIISection 3.02, the Administrative Agent will make such funds available to the Borrower in like funds as received by the Agent either by (i) crediting the account of the Borrower on the books of the Agent with the amount of such funds or (ii) wire transfer of such funds, in each case in accordance with instructions provided to (and reasonably acceptable to) the Agent by the Borrower's Account.

Appears in 1 contract

Samples: Term Loan Credit Agreement (DXC Technology Co)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each The Borrowing of Eurodollar Rate Advances shall be made on notice, notice given by the Borrower to the Administrative Agent not later than 12:00 Noon 4:00 P.M. (Boston, Massachusetts New York City time) on the third Business Day prior to the date of the proposed Borrowing in (the case of a Borrowing consisting of Eurodollar Rate Advances, or the first Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a "Notice of Borrowing") ). Immediately following receipt of the Notice of Borrowing, the Administrative Agent shall give to each Lender notice thereof by telex or facsimile transmission. The Notice of Borrowing shall be sent by telephonetelex or facsimile transmission, confirmed immediately in writing or telecopierwriting, in substantially the form of Exhibit B A hereto, specifying therein the requested (i) the requested date of such Borrowing, (ii) Facility under which the requested aggregate amount of such Borrowing is to be madeBorrowing, (iii) Type that such Borrowing will consist of Eurodollar Rate Advances comprising such Borrowing(or, in the circumstances set forth in Section 2.09(c) and Section 2.09(d) only, Alternate Base Rate Advances), and (iv) aggregate amount of such Borrowing and (v) in the case of a Borrowing consisting of Eurodollar Rate Advances, initial Interest Period for therefor. The Notice of Borrowing shall be irrevocable and binding on the Borrower. The Administrative Agent shall promptly notify each such AdvanceLender of the applicable interest rate under Section 2.05. Each Appropriate Lender shall, before 11:00 A.M. (Boston, Massachusetts New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's Account, in same day funds, such Lender's ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate LendersBorrowing. After the Administrative Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower by crediting the Borrower's AccountPanamco Account or such account as the Borrower may designate, in immediately available funds.

Appears in 1 contract

Samples: Credit Agreement (Panamerican Beverages Inc)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each 1. Each Borrowing shall be made on notice, given (i) in the case of a Borrowing comprising Eurodollar Rate Advances, not later than 12:00 Noon 11:00 A.M. (Boston, Massachusetts New York City time) on the third Business Day prior to the date of the proposed Borrowing Borrowing, and (ii) in the case of a Borrowing consisting of Eurodollar comprising Base Rate Advances, or the first Business Day prior to not later than 1:00 P.M. (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Rate AdvancesBorrowing, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopierthereof. Each such notice of a Borrowing (a "Notice of Borrowing") shall be transmitted by telephone, confirmed immediately in writing facsimile or telecopier, email in substantially the form of Exhibit B A-1 hereto, specifying therein the requested (iA) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iiiB) Type of Advances comprising to be made in connection with such Borrowing, (ivC) aggregate amount of such Borrowing Borrowing, (D) wire instructions of the Borrower, and (vE) in the case of a Borrowing consisting of comprising Eurodollar Rate Advances, initial Interest Period for each such AdvanceAdvances. Each Appropriate Lender shall, before 11:00 A.M. (Boston, Massachusetts x) 12:00 noon (New York City time) on the date of such Borrowingany Borrowing comprising Eurodollar Rate Advances, and (y) 3:00 P.M. (New York City time) on the date of any Borrowing comprising Base Rate Advances, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's Accountits address referred to in Section 8.02, in same day funds, such Lender's ’s ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate LendersBorrowing. After the Administrative Agent's ’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower by crediting at the Borrower's AccountAdministrative Agent’s aforesaid address.

Appears in 1 contract

Samples: Credit Agreement (Entergy New Orleans, LLC)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each Each Borrowing shall be made on notice, given not later than 12:00 Noon (Boston, Massachusetts x) 1:00 P.M. (New York City time) on the third second U.S. Government Securities Business Day prior to either the date of Closing Date or (if applicable) the proposed Borrowing Pre-Funding Date, in the case of a Borrowing consisting of Eurodollar EurocurrencyTerm Benchmark Rate AdvancesAdvance, or (y) noon (New York City time) on the first Business Day prior to either the date of Closing Date or (if applicable) the proposed Borrowing Pre-Funding Date, in the case of a Borrowing consisting of Prime Base Rate AdvancesAdvance, by the Borrower Company to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopierthereof. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by telephonein writing, confirmed immediately in writing via email or telecopier, in substantially the form of Exhibit B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Facility under which Type of Advances comprising such Borrowing is to be madeBorrowing, (iii) Type the Class of Advances comprising such Borrowing, (iv) aggregate amount of such Borrowing Borrowing, and (v) in the case of a Borrowing consisting of Eurodollar EurocurrencyTerm Benchmark Rate Advances, the initial Interest Period for each such Advance. Each Appropriate Lender shall, before 11:00 A.M. 1:00 P.M. (Boston, Massachusetts New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative applicable Agent's ’s Account, in same day funds, such Lender's Xxxxxx’s ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility Commitment of such Lender and the other Appropriate LendersLender. After the Administrative Agent's ’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article IIISection 3.02, subject to Section 3.03 (if applicable), the Administrative Agent will make such funds available to the Borrower by crediting Company at the Borrower's AccountAgent’s address referred to in Section 9.02 or at the applicable Payment Office, as the case may be.

Appears in 1 contract

Samples: Credit Agreement (International Flavors & Fragrances Inc)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each Each Borrowing shall be made on notice, given not later than 12:00 Noon (Boston, Massachusetts x) 1:00 P.M. (New York City time) on the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurodollar Rate Advances, Advances or the first Business Day prior to (y) 1:00 P.M. (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopiertelecopier or telex. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by telephone, confirmed immediately in writing writing, or telecopier, telecopier or telex in substantially the form of Exhibit B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising comp rising such Borrowing, (iviii) aggregate amount of such Borrowing Borrowing, and (viv) in the case of a Borrowing consisting of Eurodollar Rate Advances, initial Interest Period for each such Advance. Each Appropriate Lender shall, before 11:00 A.M. 3:00 P.M. (Boston, Massachusetts New York City time) on the date of such Borrowing, Borrowing make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's Account, in same day funds, such Lender's ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate LendersBorrowing. After the Administrative Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower by crediting at the BorrowerAgent's Accountaddress referred to in Section 8.02.

Appears in 1 contract

Samples: Credit Agreement (Gatx Financial Corp)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each The Borrowing shall be made on notice, given not later than (x) 12:00 Noon noon (Boston, Massachusetts New York City time) on the third two (2) Business Day Days prior to the date of the proposed Borrowing Closing Date in the case of a Borrowing consisting of Eurodollar Rate Advances, Advances or the first (y) 3:00 P.M. (New York City time) one (1) Business Day prior to the date of the proposed Borrowing Closing Date in the case of a Borrowing consisting of Prime Base Rate Advances, in each case, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopier. Each such notice of such a Borrowing (a "Notice of Borrowing") shall be by telephone, confirmed immediately in writing writing, or telecopier, telecopier in substantially the form of Exhibit B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iviii) aggregate amount of such Borrowing Borrowing, and (viv) in the case of a Borrowing consisting of Eurodollar Rate Advances, initial Interest Period for each such Advance. Each Appropriate Lender shall, before 11:00 10:00 A.M. (Boston, Massachusetts New York City time) on the date of such BorrowingClosing Date, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's ’s Account, in same day funds, such Lender's ’s ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate LendersBorrowing. After the Administrative Agent's ’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will promptly, and in any event on the date of such Borrowing, make such funds available to the Borrower by crediting the wire transfer to Borrower's ’s Account.

Appears in 1 contract

Samples: Interim Loan Agreement (Tribune Co)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each Each Borrowing shall be made on notice, given not later than 12:00 Noon (Boston, Massachusetts x) 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurodollar Rate Advances, or the first Business Day prior to (y) 12:00 P.M. (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by telephone, confirmed immediately in writing writing, or telecopier, telecopier in substantially the form of Exhibit B B-1 hereto, specifying therein the requested (i) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type and Class of Advances comprising such Borrowing, (iviii) aggregate amount of such Borrowing Borrowing, and (viv) in the case of a Borrowing consisting of Eurodollar Rate Advances, initial Interest Period for each such Advance. Each Appropriate Lender shall, before 11:00 A.M. 2:00 P.M. (Boston, Massachusetts New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's ’s Account, in same day funds, such Lender's ’s ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate Lenders. After the Administrative Agent's ’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower by crediting at the Borrower's AccountAgent’s address referred to in Section 8.02.

Appears in 1 contract

Samples: Term Loan Credit Agreement (At&t Inc.)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each Each Borrowing shall be made on notice, given not later than 12:00 Noon 11:00 a.m. (Boston, Massachusetts timei) on the third Business Day prior to the date of the proposed Borrowing Borrowing, in the case of a Borrowing consisting comprised of Eurodollar Rate Advances, or the first Business Day prior to Advances and (ii) on the date of the proposed Borrowing Borrowing, in the case of a Borrowing consisting comprised of Prime Base Rate Advances, in each case by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopier, telex or cable. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by telephonetelecopier, confirmed immediately in writing telex or telecopiercable, in substantially the form of Exhibit B 2.02(a) hereto, specifying therein the requested (iA) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iiiB) Type of Advances comprising such Borrowing, (ivC) aggregate amount of such Borrowing and (vD) in the case of a Borrowing consisting comprised of Eurodollar Rate Advances, the initial Interest Period for each such Advance. Each Appropriate Lender shall, before 11:00 A.M. (Boston, Massachusetts timex) 12:00 noon on the date of such Borrowing, in the case of a Borrowing comprised of Eurodollar Rate Advances, and (y) 1:00 p.m. on the date of such Borrowing, in the case of a Borrowing comprised of Base Rate Advances, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's Accountits address referred to in Section 8.02, in same day funds, such Lender's ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate LendersBorrowing. After the Administrative Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will promptly make such funds available to the Borrower by crediting at the BorrowerAgent's Accountaforesaid address.

Appears in 1 contract

Samples: Credit Agreement (Alliant Energy Corp)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each The Borrowing shall be made on notice, given not later than 12:00 Noon (Boston, Massachusetts x) 11:00 A.M. (New York City time) on the third second Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurodollar Rate Term SOFR Advances, or the first Business Day prior to (y) 10:00 A.M. (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopierin writing. Each such Such notice of a Borrowing (a "Notice of Borrowing") shall be by telephone, confirmed immediately in writing or telecopierwriting, in substantially the form of Exhibit B B-1 hereto, specifying therein the requested (i) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iviii) aggregate amount of such Borrowing Borrowing, and (viv) in the case of a Borrowing consisting of Eurodollar Rate Term SOFR Advances, initial Interest Period for each such Advance. Each Appropriate Lender shall, before 11:00 A.M. 12:00 P.M. (Boston, Massachusetts New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's ’s Account, in same day funds, such Lender's ’s ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate Lenders. After the Administrative Agent's ’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower by crediting at the Borrower's AccountAgent’s address referred to in Section 8.02.

Appears in 1 contract

Samples: Term Loan Credit Agreement (At&t Inc.)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each Each Borrowing shall be made on notice, given (i) in the case of a Borrowing comprising Eurodollar Rate Advances, not later than 12:00 Noon 11:00 A.M. (Boston, Massachusetts New York time) on the third Business Day prior to the date of the proposed Borrowing Borrowing, and (ii) in the case of a Borrowing consisting of Eurodollar comprising Alternate Base Rate Advances, or the first Business Day prior to not later than 11:00 A.M. (New York time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Rate AdvancesBorrowing, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopierthereof. Each such notice of a Borrowing (a "Notice of Borrowing") by the Borrower shall be by telephone, confirmed immediately in writing telecopier or telecopiercable, in substantially the form of Exhibit B hereto, specifying therein the requested (iA) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iiiB) Type of Advances comprising to be made in connection with such Borrowing, (ivC) aggregate amount of such Borrowing Borrowing, and (vD) in the case of a Borrowing consisting of comprising Eurodollar Rate Advances, the initial Interest Period for each such Advance, which Borrowing shall be subject to the limitations stated in the definition of “Interest Period” in Section 1.01. Each Appropriate Lender shall, before 11:00 A.M. 1:00 p.m. (Boston, Massachusetts New York time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's Accountits address referred to in Section 8.02, in same day funds, such Lender's ’s ratable portion (according to the Lenders’ respective Commitments) of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate LendersBorrowing. After the Administrative Agent's ’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower by crediting at the Borrower's AccountAdministrative Agent’s aforesaid address.

Appears in 1 contract

Samples: Credit Agreement (Jersey Central Power & Light Co)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03herein, each Borrowing shall be made on noticethe Borrower may from time to time prior to the Commitment Termination Date request the Lenders to make Advances to the Borrower by the delivery to the Servicing Agent, given the Agent and the Lenders, not later than 12:00 Noon 10:00 A.M. (Boston, Massachusetts New York City time) (i) three (3) Business Days prior to the proposed borrowing date of a Fixed-Rate Advance or Discretionary Non-Ratable Advance and (ii) on the third Business Day prior to the proposed borrowing date of the proposed Borrowing a Floating-Rate Advance, in the case either case, of a Borrowing consisting of Eurodollar Rate Advances, or the first Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopier. Each such duly completed notice of a Borrowing borrowing (a "Notice of Borrowing") shall be therefor, or a request by telephone, telephone immediately confirmed immediately in writing or telecopier(including by any tele-transmission) signed by an Authorized Officer in such notice, in substantially the form of Exhibit B C hereto. The Servicing Agent shall have no duty to verify the authenticity of the signature appearing on any Notice of Borrowing and, specifying therein with respect to any telephonic request for an Advance, the requested (i) Servicing Agent shall have no duty to verify the identity of any individual representing himself as an Authorized Officer. Any Notice of Borrowing received by the Servicing Agent after the time specified in the immediately preceding sentence shall be deemed to have been received by the Servicing Agent on the next Business Day, and the date specified in any such Notice of Borrowing as the proposed Borrowing Date of an Advance shall be deemed to be the Business Day immediately succeeding the proposed Borrowing Date of such Advance specified in such Notice of Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iv) aggregate amount of such Borrowing and (v) in the case of a Borrowing consisting of Eurodollar Rate Advances, initial Interest Period for each such Advance. Each Appropriate Lender shall, before 11:00 A.M. (Boston, Massachusetts time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's Account, in same day funds, such Lender's ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate Lenders. After the Administrative Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower by crediting the Borrower's Account.

Appears in 1 contract

Samples: Revolving Credit Agreement (Wentworth J G & Co Inc)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each Each Borrowing shall be made on notice, given not later than 12:00 Noon noon (Boston, Massachusetts New York City time) on the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurodollar Rate Advances, or the first Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Rate Advances, by the Borrower Borrowers to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telex or telecopier. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by telephone, confirmed immediately in writing writing, or telex or telecopier, in substantially the form of Exhibit B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iviii) aggregate amount of such Borrowing and (viv) in the case of a Borrowing consisting of Eurodollar Rate Advances, initial Interest Period for each such Advance. Each Appropriate Lender shall, before 11:00 A.M. 1:00 p.m. (Boston, Massachusetts New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's ’s Account, in same day funds, such Lender's ’s ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate Lenders. After the Administrative Agent's ’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower Borrowers by crediting the Borrower's AccountBorrowers’ Account or such other account as the Borrowers shall request.

Appears in 1 contract

Samples: Term Facility Credit Agreement (World Color Press Inc.)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each Each Borrowing shall be made on notice, given not later than 12:00 Noon (Boston, Massachusetts x) 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurodollar Rate Advances, Advances or (y) 11:00 A.M. (New York City time) on the first Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopiertelecopier or telex. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by telephone, confirmed immediately in writing writing, or telecopier, telecopier or telex in substantially the form of Exhibit B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iviii) aggregate amount of such Borrowing Borrowing, and (viv) in the case of a Borrowing consisting of Eurodollar Rate Advances, initial Interest Period for each such Advance. Each Appropriate Lender shall, before 11:00 A.M. (Boston, Massachusetts New York City time) on the date of such Borrowing, Borrowing make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's Account, in same day funds, such Lender's ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate LendersBorrowing. After the Administrative Agent's receipt of such funds and upon Upon fulfillment of the applicable conditions set forth in Article IIIIII and after the Agent's receipt of such funds, the Administrative Agent will make such funds available to the Borrower by crediting at such bank account as the Borrower's AccountBorrower shall have advised to the Agent in writing.

Appears in 1 contract

Samples: Credit Agreement (Temple Inland Inc)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each Each Borrowing other ___________________ than the Initial Extension of Credit shall be made on notice, given not later than 12:00 Noon 10:00 A.M. (BostonDallas, Massachusetts Texas time) on the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurodollar Rate Advances, or the first Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Rate AdvancesBorrowing, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telex or telecopier. The Initial Extension of Credit shall be made on August 12, 1997 before 10:00 A.M. if notice is given on or before 9:00 A.M. (Dallas, Texas time) on August 12, 1997 and shall consist of Prime Rate Advances. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by telephone, ___________________ confirmed immediately in writing writing, or telex or telecopier, in substantially the form of Exhibit B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iv) aggregate amount of such Borrowing and (v) in the case of a Borrowing consisting of Eurodollar Rate Advances, initial Interest Period for each such Advance. Each Appropriate Lender shall, before 11:00 10:00 A.M. (BostonDallas, Massachusetts Texas time) on the date of such BorrowingBorrow- ing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's Account, in same day funds, such Lender's ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate Lenders. After the Administrative Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower by crediting the Borrower's Account.

Appears in 1 contract

Samples: Credit Agreement (Cdsi Acquisition Corp)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.033.05, each Borrowing shall be made on notice, given not later than 12:00 Noon 11:00 A.M. (Boston, Massachusetts New York City time) on the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurodollar Rate Advances, or the first Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Base Rate Advances or a Borrowing consisting of RTFC Rate Advances, by the Borrower to the Administrative Agent, which and the Administrative Agent shall give to each Appropriate Lender prompt notice thereof by telecopiertelecopier or electronic communication. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by telephonein writing, confirmed immediately in writing or telecopiertelecopier or electronic communication, in substantially the form of Exhibit B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iv) aggregate amount of such Borrowing and (v) in the case of a Borrowing consisting of Eurodollar Rate Advances, initial Interest Period for each such Advance. Each Appropriate Lender shall, before 11:00 A.M. (Boston, Massachusetts New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's Account, in same day funds, such Lender's ratable portion ’s Pro Rata Share of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate LendersBorrowing. After the Administrative Agent's ’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article IIIIV, the Administrative Agent will make such funds available to the Borrower by crediting the Borrower's ’s Account.

Appears in 1 contract

Samples: Credit Agreement (Madison River Capital LLC)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each Each Borrowing shall be made on notice, given not later than 12:00 Noon (Boston, Massachusetts x) 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurodollar Rate Advances, Advances or (y) 11:00 A.M. (New York City time) on the first Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopiertelecopier or telex. Each such notice of a Borrowing (a "Notice of BorrowingNOTICE OF BORROWING") shall be by telephone, confirmed immediately in writing writing, or telecopier, telecopier or telex in substantially the form of Exhibit B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iviii) aggregate amount of such Borrowing Borrowing, and (viv) in the case of a Borrowing consisting of Eurodollar Rate Advances, initial Interest Period for each such Advance. Each Appropriate Lender shall, before 11:00 A.M. (Boston, Massachusetts New York City time) on the date of such Borrowing, Borrowing make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's Account, in same day funds, such Lender's ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate LendersBorrowing. After the Administrative Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower by crediting at the BorrowerAgent's Accountaddress referred to in Section 8.02.

Appears in 1 contract

Samples: Day Credit Agreement (Platinum Underwriters Holdings LTD)

Making the Advances. (a) (i) Except as otherwise provided in Section 2.02(b) or 2.032.13, each Borrowing shall be made on notice, given not later than 12:00 Noon 11:00 A.M. (Boston, Massachusetts New York City time) on the third Business Day of (or, with respect to a Borrowing of Eurodollar Rate Advances, 10:00 A.M. (New York City time) on the second Business Day prior to the date of of) the proposed Borrowing in the case of a Borrowing consisting of Eurodollar Rate Advances, or the first Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Rate AdvancesBorrowing, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopiertelex, telecopier or cable. Each such notice of a Borrowing (a "Notice ------ of Borrowing") shall be by telephonetelex, telecopier or cable, confirmed ------------ immediately in writing or telecopierwriting, in substantially the form of Exhibit B heretoC, specifying therein (1) the requested (i) date of such Borrowing, (ii2) Facility under which such Borrowing is to be made, (iii) the requested Type of Advances comprising such Borrowing, (iv3) the requested aggregate amount of such Borrowing and Borrowing, (v4) in the case of a Borrowing consisting of Eurodollar Rate Advances, the requested initial Interest Period for each such Advance. Each Appropriate Lender shallAdvance and (5) whether the proposed Borrowing Date is a Liquid Asset Coverage Date (and, if so, specifying therein the Liquid Asset Coverage Amount, the Adjusted Liquid Asset Coverage Amount and the Aggregate Outstanding Exposure before 11:00 A.M. (Boston, Massachusetts time) on the date of such Borrowing, make available for the account of its Applicable Lending Office giving effect to the Administrative Agent at the Administrative Agent's Account, in same day funds, such Lender's ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate Lenders. After the Administrative Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower by crediting the Borrower's Accountproposed Advances).

Appears in 1 contract

Samples: Credit Agreement (Terra Industries Inc)

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Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.032.03(c), each Borrowing shall be made on notice, given not later than 12:00 Noon (Boston, Massachusetts x) 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurodollar Rate Advances, Advances or the first Business Day prior to (y) 11:00 A.M. (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Base Rate Advances, by the applicable Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by telephone, confirmed immediately promptly in writing writing, or by telecopier, in substantially the form of Exhibit B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iviii) aggregate amount of such Borrowing and whether such Borrowing shall be comprised of Advances made by the Non-Extending Lenders or shall be comprised of Advances made by the Extending Lenders, and (viv) in the case of a Borrowing consisting of Eurodollar Rate Advances, the initial Interest Period for each such Advance. Each Appropriate Lender shall, before 11:00 A.M. 1:00 P.M. (Boston, Massachusetts New York City time) on the date of such Borrowing, Borrowing make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's ’s Account, in same day funds, such Lender's ’s ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate Lenders. After the Administrative Agent's ’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the applicable Borrower by crediting at the Borrower's AccountAgent’s address referred to in Section 9.02(a).

Appears in 1 contract

Samples: The Credit Agreement (Eastman Kodak Co)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each Borrowing shall be made on notice, given not later than 12:00 Noon 11:00 A.M. (Boston, Massachusetts New York City time) on the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurodollar Rate Advances, or the first Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Base Rate Advances, by the Applicable Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopierthereof. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by telephone, confirmed immediately in writing writing, or telecopier, in substantially the form of Exhibit B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iv) aggregate amount of such Borrowing and (v) in the case of a Borrowing consisting of Eurodollar Rate Advances, initial Interest Period for each such Advance. Each Appropriate Lender shall, before 11:00 A.M. (Boston, Massachusetts New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's ’s Account, in same day funds, such Lender's ’s ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate Lenders. After the Administrative Agent's ’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Applicable Borrower by crediting the applicable Borrower's ’s Account; provided, however, that, in the case of any Revolving Credit Borrowing, the Administrative Agent shall first apply such funds to prepay ratably the aggregate principal amount of any Swing Line Advances and Letter of Credit Advances outstanding at such time, together with interest accrued and unpaid thereon to and as of such date.

Appears in 1 contract

Samples: Credit Agreement (Maguire Properties Inc)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.032.03(c), each Borrowing shall be made on notice, given not later than 12:00 Noon (Boston, Massachusetts x) 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurodollar Rate Advances, Advances or the first Business Day prior to (y) 11:00 A.M. (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Base Rate Advances, by the applicable Borrower to the Administrative Agent, which shall give to each Appropriate applicable Lender prompt notice thereof by telecopiertelecopier or any other electronic means agreed to by the Agent. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by telephone, confirmed immediately promptly in writing writing, or telecopierby telecopier (or any other electronic means agreed to by the Agent), in substantially the form of Exhibit B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Facility under which whether such Borrowing is to be madea US Borrowing or a Canadian Borrowing, (iii) Type of Advances comprising such Borrowing, (iv) aggregate amount of such Borrowing and (v) in the case of a Borrowing consisting of Eurodollar Rate Advances, the initial Interest Period for each such Advance. Each Appropriate applicable Lender shall, before 11:00 A.M. 1:00 P.M. (Boston, Massachusetts New York City time) on the date of such Borrowing, Borrowing make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's ’s Account, in same day funds, such Lender's ratable portion ’s Ratable Share of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate LendersBorrowing. After the Administrative Agent's ’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the applicable Borrower by crediting at the Borrower's AccountAgent’s address referred to in Section 9.02(a).

Appears in 1 contract

Samples: Credit Agreement (Eastman Kodak Co)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each Each Borrowing shall be made on notice, given not later than (A) 12:00 Noon noon (BostonNew York City time) on the first Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, Massachusetts (B) 12:00 noon (New York City time) on the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurodollar Rate Advances, or the first Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Rate Advances, Advances by the relevant Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopiertelex, telecopier or cable. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by telephonetelex, confirmed immediately in writing telecopier or telecopiercable, in substantially the form of Exhibit B hereto, specifying therein the requested (i) date of such BorrowingBorrowing (which shall be a Business Day), (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iviii) aggregate amount of such Borrowing and (viv) in the case of a Borrowing consisting of Eurodollar Rate Advances, initial Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(a)(ii). Each Appropriate Lender shall, before 11:00 A.M. 12:00 noon (Boston, Massachusetts New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's Account, in same day funds, such Lender's ratable portion pro rata share of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate LendersBorrowing. After the Administrative Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower giving the Notice of Borrowing by crediting the Borrower's GNI Borrower Account or the GNC Borrower Account, as appropriate.

Appears in 1 contract

Samples: 1998 Term Credit Agreement (General Nutrition Companies Inc)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each Each Borrowing shall be made on noticenotice by the Borrower, given not later than 12:00 Noon (Boston, Massachusetts x) 9:00 A.M. (Pacific time) on the date of a proposed Borrowing consisting of Base Rate Advances and (y) 9:00 A.M. (Pacific time) on the third Business Day prior to the date of the a proposed Borrowing in the case of a Borrowing consisting of Eurodollar Rate Advances, or the first Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopier, mail or delivery. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by telephonetelecopier, mail or delivery, confirmed immediately in writing or telecopierwriting, in substantially the form of Exhibit B A hereto, specifying therein the requested (i) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iviii) aggregate amount of such Borrowing Borrowing, and (viv) in the case of a Borrowing comprised of Eurodollar Rate Advances, the initial Interest Period for each such Advance. The Borrower may, subject to the conditions herein provided, borrow more than one Borrowing on any Business Day. Each Lender shall, before 12:00 noon (Pacific time) in the case of a Borrowing consisting of Base Rate Advances and before 12:00 noon (Pacific time) in the case of a Borrowing consisting of Eurodollar Rate Advances, initial Interest Period for in each such Advance. Each Appropriate Lender shall, before 11:00 A.M. (Boston, Massachusetts time) case on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's Accountits address referred to in Section 8.02, in same day funds, such Lender's ’s ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate LendersBorrowing. After the Administrative Agent's ’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower by crediting at the Borrower's AccountAgent’s aforesaid address.

Appears in 1 contract

Samples: Credit Agreement (Computer Sciences Corp)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each Each Borrowing shall be made on noticenotice by the Borrower to the Lender, given not later than 12:00 Noon noon (Boston, Massachusetts Dallas time) (i) in the case of a Borrowing comprised of Base Rate Advances, on the date of the proposed Borrowing; and (ii) in the case of a Borrowing comprised of Eurodollar Rate Advances, on the third Business Day prior to the date of the proposed Borrowing in Borrowing; provided, however, that if a Default or an Event of Default has occurred and is continuing, the case of a Borrowing consisting Borrower shall not be entitled to request Borrowings comprised of Eurodollar Rate Advances and the Lender shall not be required to make any Advances, or the first Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopier. Each such notice of a Borrowing borrowing (a "Notice of Borrowing") shall be by telephone, confirmed immediately in writing (whether by telecopy, telex, cable or telecopierotherwise), in substantially the form of Exhibit B heretoA, specifying therein the requested (i) date of such Borrowing, Borrowing (which shall be a Business Day); (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, ; (iii) amount of such Borrowing; and (iv) aggregate amount of Interest Period for such Borrowing and (v) Advance in the case of a requested Borrowing consisting comprised of Eurodollar Rate Advances, initial Interest Period for each such Advance. Each Appropriate Lender shall, before 11:00 A.M. (Boston, Massachusetts time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's Account, in same day funds, such Lender's ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate Lenders. After the Administrative Agent's receipt of such funds and upon Upon fulfillment of the applicable conditions set forth in Article IIIIV, the Administrative Agent Lender will make such same day funds available to the Borrower at the Lender's address referred to in Section 8.02 in an amount equal to the amount requested by crediting the Borrower's AccountBorrower for such Borrowing on the date requested by the Borrower therefor.

Appears in 1 contract

Samples: Credit Agreement (Vicorp Restaurants Inc)

Making the Advances. (a) Except as otherwise provided Each Borrowing shall be in Section 2.02(ban amount not less than $10,000,000 (or, if less, the Available Commitments at such time) or 2.03, each an integral multiple of $1,000,000 in excess thereof and shall consist of Advances of the same Type made on the same day by the Lenders ratably according to their respective Commitment Percentages. Each Borrowing shall be made on notice, given not later than 12:00 Noon (Boston, Massachusetts time) 11:00 A.M. on the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurodollar Rate Advances, or the first Business Day prior to not later than 9:30 A.M. on the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopierwritten notice. Each such notice of a Borrowing under this Section 2.02 (a "Notice of Borrowing") shall be by telephone, confirmed immediately in writing writing, or telecopier, fax in substantially the form of Exhibit B A hereto, specifying therein the requested (i) date of Borrowing Date for such Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iviii) aggregate amount of such Borrowing Borrowing, and (viv) in the case of a Borrowing consisting of Eurodollar Rate Advances, the initial Interest Period for each such Advance. Each Appropriate Lender shall, before 11:00 A.M. (Boston, Massachusetts time) 12:00 noon on the date of such Borrowingapplicable Borrowing Date, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's ’s Account, in same day funds, such Lender's ’s ratable portion of the Borrowing to be made on such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate LendersDate. After the Administrative Agent's ’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will promptly make such funds available to the Borrower by crediting in such manner as the Borrower's AccountBorrower shall have specified in the applicable Notice of Borrowing and as shall be reasonably acceptable to the Administrative Agent.

Appears in 1 contract

Samples: Term Credit Agreement (Southwestern Electric Power Co)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each Each Borrowing shall be made on notice, given not later than 12:00 Noon noon (Boston, Massachusetts New York City time) on the third Business Day prior to the date of the a proposed Borrowing in the case of a Borrowing consisting of Eurodollar Rate Advances, or the first Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopierelectronic mail. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by electronic mail or telephone, confirmed immediately in writing by hand delivery or telecopierelectronic mail, in substantially the form of Exhibit B heretoD hereto or such other form as may be approved by the Administrative Agent (including any form on an electronic platform or electronic transmission system as shall be approved by the Administrative Agent) appropriately completed and signed by a Responsible Officer of the Borrower, specifying therein the requested (i) date of such Borrowing, (ii) Facility under which aggregate amount of such Borrowing is to be madeBorrowing, (iii) Type of Advances comprising such Borrowing, (iv) aggregate amount of such Borrowing and (v) in the case of a Borrowing consisting of Eurodollar Rate Advances, initial Interest Period for each such AdvanceAdvance and (iv) wire transfer instructions with respect to such Borrowing. Each Appropriate Lender shall, before 11:00 A.M. (Boston, Massachusetts New York City time) on the requested date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's Accountits applicable address referred to in Section 9.02, in same day funds, such Lender's ’s ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate LendersBorrowing. After the Administrative Agent's receipt of such funds and upon Upon fulfillment of the applicable conditions set forth in Article IIISection 3.01, the Administrative Agent will make such funds available to the Borrower in like funds as received by the Administrative Agent either by (i) crediting the account of the Borrower on the books of the Administrative Agent with the amount of such funds or (ii) wire transfer of such funds, in each case in accordance with instructions provided to (and reasonably acceptable to) the Administrative Agent by the Borrower's Account.. #90857912v6

Appears in 1 contract

Samples: Term Loan Credit Agreement (DXC Technology Co)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each 1. Each Borrowing shall be made on notice, given (i) in the case of a Borrowing comprising Eurodollar Rate Advances, not later than 12:00 Noon 11:00 A.M. (Boston, Massachusetts New York City time) on the third Business Day prior to the date of the proposed Borrowing Borrowing, and (ii) in the case of a Borrowing consisting of Eurodollar comprising Base Rate Advances, or the first Business Day prior to not later than 1:00 P.M. (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Rate AdvancesBorrowing, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopierthereof. Each such notice of a Borrowing (a "Notice of Borrowing") shall be transmitted by telephone, confirmed immediately in writing facsimile or telecopier, email in substantially the form of Exhibit B A-1 hereto, specifying therein the requested (iA) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iiiB) Type of Advances comprising to be made in connection with such Borrowing, (ivC) aggregate amount of such Borrowing Borrowing, (D) wire instructions of the Borrower, and (vE) in the case of a Borrowing consisting of comprising Eurodollar Rate Advances, initial Interest Period for each such AdvanceAdvances. Each Appropriate Lender shall, before 11:00 A.M. (Boston, Massachusetts x) 12:00 noon (New York City time) on the date of such Borrowingany Borrowing comprising Eurodollar Rate Advances, and (y) 3:00 P.M. (New York City time) on the date of any Borrowing comprising Base Rate Advances, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's ’s Account, in same day funds, such Lender's ’s ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate LendersBorrowing. After the Administrative Agent's ’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower by crediting in such manner as the Borrower's AccountBorrower shall have specified in the applicable Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Entergy Arkansas, LLC)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each Each Borrowing shall be made on notice, given (i) in the case of a Borrowing comprising Eurodollar Rate Advances, not later than 12:00 Noon 11:00 A.M. (Boston, Massachusetts New York City time) on the third Business Day prior to the date of the proposed Borrowing Borrowing, and (ii) in the case of a Borrowing consisting of Eurodollar comprising Base Rate Advances, or the first Business Day prior to not later than 1:00 P.M. (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Rate AdvancesBorrowing, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopierthereof. Each such notice of a Borrowing (a "Notice of Borrowing") shall be transmitted by telephone, confirmed immediately in writing facsimile or telecopier, email in substantially the form of Exhibit B A-1 hereto, specifying therein the requested (iA) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iiiB) Type of Advances comprising to be made in connection with such Borrowing, (ivC) aggregate amount of such Borrowing Borrowing, (D) wire instructions of the Borrower, and (vE) in the case of a Borrowing consisting of comprising Eurodollar Rate Advances, initial Interest Period for each such AdvanceAdvances. Each Appropriate Lender shall, before 11:00 A.M. (Boston, Massachusetts x) 12:00 noon (New York City time) on the date of such Borrowingany Borrowing comprising Eurodollar Rate Advances, and (y) 3:00 P.M. (New York City time) on the date of any Borrowing comprising Base Rate Advances, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's Accountits address referred to in Section 8.02, in same day funds, such Lender's ’s ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate LendersBorrowing. After the Administrative Agent's ’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower by crediting at the Borrower's AccountAdministrative Agent’s aforesaid address.

Appears in 1 contract

Samples: Credit Agreement (Entergy New Orleans, LLC)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each Each Borrowing shall be made on -------------------- notice, given not later than 12:00 Noon 11:00 A.M. (Boston, Massachusetts New York City time) on the same Business Day as the date of a proposed Borrowing comprised of Base Rate Advances and not later than 1:00 P.M. (New York City time) on the third Business Day prior to the date of the a proposed Borrowing in the case of a Borrowing consisting comprised of Eurodollar Rate Advances, or the first Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopiertelecopier or telex. Each such notice of a Borrowing (a "Notice of BorrowingNOTICE OF BORROWING") shall be by telecopier or telex, or by telephone, confirmed immediately in writing by telecopier or telecopiertelex, in substantially the form of Exhibit B A hereto, specifying therein the requested (i) date of such BorrowingBorrowing (which shall be a Business Day), (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iviii) aggregate amount of such Borrowing Borrowing, and (viv) in the case of a Borrowing consisting comprised of Eurodollar Rate Advances, initial Interest Period for each such Advance. Each Appropriate Lender shall, before 11:00 A.M. 1:00 P.M. (Boston, Massachusetts New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's Account, in same day funds, such Lender's ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate LendersBorrowing. After the Administrative Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower by crediting at the Borroweroffice where the Administrative Agent's AccountAccount is maintained.

Appears in 1 contract

Samples: Dc Holdco Inc

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each Each Borrowing shall be made on notice, given not later than 12:00 Noon 11:00 A.M. (Boston, Massachusetts New York City time) on the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurodollar Rate Advances, or the first Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telex or telecopier. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by telephone, confirmed immediately in writing writing, or telex or telecopier, in substantially the form of Exhibit B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iv) aggregate amount of such Borrowing and (v) in the case of a Borrowing consisting of Eurodollar Rate Advances, initial Interest Period for each such Advance. Each Appropriate Lender shall, before 11:00 A.M. (Boston, Massachusetts New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's Account, in same day funds, such Lender's ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate Lenders. After the Administrative Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower by crediting the Borrower's Account.

Appears in 1 contract

Samples: Credit Agreement (Itc Deltacom Inc)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.032.03(c), each Borrowing shall be made on notice, given not later than (x) 12:00 Noon noon (Boston, Massachusetts New York City time) on the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurodollar Rate Advances, Advances or the first Business Day prior to (y) 12:00 noon (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopierfacsimile. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by telephone, confirmed immediately in writing or telecopier, by facsimile in substantially the form of Exhibit B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iviii) aggregate amount of such Borrowing Borrowing, and (viv) in the case of a Borrowing consisting of Eurodollar Rate Advances, initial Interest Period for each such Advance. Each Appropriate Lender shall, in the case of a Borrowing consisting of Base Rate Advances, before 2:00 P.M. (New York City time) on the date of such Borrowing, and in the case of a Borrowing consisting of Eurodollar Rate Advances, before 11:00 A.M. (Boston, Massachusetts New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's Account, in same day funds, such Lender's ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate LendersBorrowing. After the Administrative Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower at the Agent's address referred to in Section 8.02 or as requested by crediting the Borrower's AccountBorrower in the applicable Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Pinnacle West Capital Corp)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each The Borrowing to be made on the Funding Date shall be made on notice, given not later than 12:00 Noon (Boston, Massachusetts x) 1:00 p.m. (New York City time) on the third second Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurodollar Rate Advances, Advances or (y) 1:00 p.m. (New York City time) on the first Business Day prior to the date day of the proposed Borrowing in the case of a Borrowing consisting of Prime Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopiertelecopier or e-mail. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by telephonein writing, confirmed immediately in writing sent via telecopier or telecopier, e-mail in substantially the form of Exhibit B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iviii) aggregate amount of such Borrowing Borrowing, and (viv) in the case of a Borrowing consisting of Eurodollar Rate Advances, initial Interest Period for each such Advance. Each Appropriate Lender shall, before 11:00 A.M. 3:00 P.M. (Boston, Massachusetts New York City time) on the date of such Borrowing, Borrowing make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's ’s Account, in same day funds, such Lender's ’s ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate LendersBorrowing. After the Administrative Agent's ’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower either by (i) crediting the account of the Borrower at the Agent’s address referred to in Section 8.02 or (ii) wire transfer of such funds, in each case as designated by the Borrower's Account.

Appears in 1 contract

Samples: Term Loan Agreement (Autodesk Inc)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03), each Borrowing shall be made on notice, given not later than 12:00 Noon 11:00 A.M. (Boston, Massachusetts New York City time) (i) on the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurodollar Rate Advances, or Borrowings and (ii) on the first same Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Base Rate AdvancesBorrowings, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopiertelex, telecopier or cable. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by telephone, telex, telecopier or cable, confirmed immediately in writing or telecopierwriting, in substantially the form of Exhibit B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iviii) aggregate amount of such Borrowing and (viv) in the case of a Borrowing consisting of Eurodollar Rate Advances, initial Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the 33 29 applicable interest rate under Section 2.08(a)(ii). Each Appropriate Lender shall, before 11:00 A.M. 12:00 noon (Boston, Massachusetts New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's Account, in same day funds, such Lender's ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate Lenders. After the Administrative Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower by crediting the Borrower's Account.

Appears in 1 contract

Samples: Day Credit Agreement (Borden Inc)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each Each Borrowing shall be made on notice, given not later than 12:00 Noon 10:30 A.M., in the case of Alternate Base Rate Advances, or 11:30 A.M., in the case of Eurodollar Rate Advances, (Boston, Massachusetts timei) on the third Business Day prior to the date of the proposed Borrowing Borrowing, in the case of a Borrowing consisting comprised of Eurodollar Rate Advances, or the first Business Day prior to and (ii) on the date of the proposed Borrowing Borrowing, in the case of a Borrowing consisting comprised of Prime Alternate Base Rate Advances, in each case by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopier, telex, or cable. Each such notice of a Borrowing (a "Notice of BorrowingNOTICE OF BORROWING") shall be by telephonetelecopier, confirmed immediately in writing telex or telecopiercable, in substantially the form of Exhibit B B-1 hereto, specifying therein the requested (iA) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iiiB) Type of Advances comprising such Borrowing, (ivC) aggregate amount of such Borrowing Borrowing, and (vD) in the case of a Borrowing consisting comprised of Eurodollar Rate Advances, initial the Interest Period for each such Advance. Each Appropriate Lender shall, before 11:00 A.M. (Boston, Massachusetts time) 12:00 noon on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's Accountits address referred to in Section 9.02, in same day funds, such Lender's ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate LendersBorrowing. After the Administrative Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article IIIIV, the Administrative Agent will make such funds available to the Borrower by crediting at the BorrowerAgent's Accountaforesaid address.

Appears in 1 contract

Samples: Credit Agreement (Commonwealth Edison Co)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each Each Borrowing shall be made on -------------------- notice, given not later than 12:00 Noon 11:00 A.M. (Boston, Massachusetts New York City time) on the same Business Day as the date of a proposed Borrowing comprised of Base Rate Advances and not later than 1:00 P.M. (New York City time) on the third Business Day prior to the date of the a proposed Borrowing in the case of a Borrowing consisting comprised of Eurodollar Rate Advances, or the first Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopiertelecopier or telex. Each such notice of a Borrowing (a "Notice of BorrowingNOTICE OF BORROWING") shall be by telecopier or telex, or by telephone, confirmed immediately in writing by telecopier or telecopiertelex, in substantially the form of Exhibit B A hereto, specifying therein the requested (i) date of such BorrowingBorrowing (which shall be a Business Day), (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iviii) aggregate amount of such Borrowing Borrowing, and (viv) in the case of a Borrowing consisting comprised of Eurodollar Rate Advances, initial Interest Period for each such Advance. Each Appropriate Lender shall, before 11:00 A.M. 1:00 P.M. (Boston, Massachusetts New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's Account, in same day funds, such Lender's ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate Lenders. After the Administrative Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower by crediting the Borrower's Account.such

Appears in 1 contract

Samples: Credit Agreement (Dc Holdco Inc)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each Each Borrowing shall be made on notice, given not later than 12:00 Noon (Boston, Massachusetts x) 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurodollar Rate Advances, Advances or the first Business Day prior to (y) 11:00 A.M. (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a "Notice of Borrowing") shall be given by telecopier or telephone, confirmed immediately promptly in writing or telecopierwriting, in substantially the form of Exhibit B heretohereto (in the case of written notices), specifying therein the requested (i) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iviii) aggregate amount of such Borrowing Borrowing, and (viv) in the case of a Borrowing consisting of Eurodollar Rate Advances, initial Interest Period for each such Advance. Each Appropriate Lender shall, before 11:00 A.M. 1:00 P.M. (Boston, Massachusetts New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's ’s Account, in same day funds, such Lender's ’s ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate LendersBorrowing. After the Administrative Agent's ’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower either by (i) crediting the account of the Borrower at the Agent’s address referred to in Section 8.02 or (ii) wire transfer of such funds, in each case as designated by the Borrower's Account.

Appears in 1 contract

Samples: Credit Agreement (Emc Corp)

Making the Advances. Each Borrowing (aother than a Swingline Loan) Except as otherwise provided in Section 2.02(b) or 2.03, each Borrowing shall be made on notice, requested by facsimile notice given by the Borrower to the Administrative Agent not later than 12:00 Noon (Boston, Massachusetts timei) on the third 10:00 a.m. (Local Time) three (3) Business Day Days prior to the date proposed Borrowing Date (or, in the case of the proposed Borrowing initial Advances, such lesser number of days to which the Administrative Agent may agree), in the case of a Borrowing consisting comprised of Eurodollar Rate Advances, or the first Business Day prior to the date of Advances and (ii) 9:00 a.m. (Chicago time) on the proposed Borrowing Date, in the case of a Borrowing consisting comprised of Prime Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopier. Each such notice of a Borrowing pursuant to this Section 2.02 (a "Notice of Borrowing") shall be by telephone, confirmed immediately in writing or telecopier, in substantially the form of Exhibit B 2.02 hereto, specifying therein the requested (i) date of such Borrowingproposed Borrowing Date, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising Advances, aggregate amount of the proposed Borrowing and the Interest Period, if any, and shall include such Borrowinginformation as shall be required by Section 8.01(g). The Administrative Agent shall in turn promptly notify each Bank by facsimile of the date, (iv) applicable interest rate and aggregate amount of such Borrowing and (v) in the case of a Borrowing consisting of Eurodollar Rate Advances, initial Interest Period for each such Advance. Each Appropriate Lender shall, before 11:00 A.M. (Boston, Massachusetts time) on the date Bank’s ratable portion of such Borrowing. Each Bank, make available for the account of its Applicable Lending Office to Office, shall, before 12:00 Noon (Chicago time) on the Borrowing Date specified in the notice received from the Administrative Agent at pursuant to the Administrative Agent's Accountpreceding sentence, in same day funds, deposit such Lender's Bank’s ratable portion of such Borrowing in accordance with same day funds to the respective Commitments under Administrative Agent’s LS2 Incoming Clearing Account No. 9008113381C5183 (ABA No. 021-000-021) (unless another account is designated by the applicable Facility of Administrative Agent for such Lender and the other Appropriate Lenderspurpose), Reference: Baxalta Incorporated, maintained at 0 Xxxxx Xxxxx, Xxxxxxx, Xxxxxxxx. After the Administrative Agent's ’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article IIIVI, the Administrative Agent will shall make same day funds in the amount of such funds available to the Borrower by crediting 2:00 p.m. (Local Time) on the Borrower's Accountdate of Borrowing, at the account specified by the Borrower in the applicable Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Baxalta Inc)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each Each Borrowing shall be made on notice, given not later than 12:00 Noon (Boston, Massachusetts x) 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurodollar Rate Advances, Advances or the first Business Day prior to (y) 10:00 A.M. (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopiertelecopier (and, in the case of a notice requesting Base Rate Advances, no later than 11:00 A.M. (New York City time) on the date of the proposed Borrowing). Each such notice of a Borrowing (a "Notice of Borrowing") shall be by telephone, confirmed immediately in writing writing, or telecopier, telecopier in substantially the form of Exhibit B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iviii) aggregate amount of such Borrowing Borrowing, and (viv) in the case of a Borrowing consisting of Eurodollar Rate Advances, initial Interest Period for each such Advance. Each Appropriate Lender shall, before 11:00 A.M. 1:00 P.M. (Boston, Massachusetts New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's Account, in same day funds, such Lender's ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate Lenders. After the Administrative Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower by crediting at the BorrowerAgent's Accountaddress referred to in Section 8.02.

Appears in 1 contract

Samples: Term Loan Credit Agreement (At&t Inc.)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each Each Borrowing shall be made on notice, given not later than 12:00 Noon 11:00 a.m. (Boston, Massachusetts New York City time) on the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurodollar Rate Advances, or the first Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Base Rate Advances, by the Borrower Company to the Administrative Agent, which shall give to each Appropriate Lender Bank prompt notice thereof by telecopiertelecopier or telex. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by telephonetelecopier or telex, confirmed immediately promptly in writing or telecopierwriting, in substantially the form of Exhibit B heretoB, specifying therein the requested (i) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iviii) aggregate amount of such Borrowing and (viv) in the case of a Borrowing consisting of Eurodollar Rate Advances, initial Interest Period for each such Advance. Each Appropriate Lender Bank shall, before 11:00 A.M. a.m. (BostonNew York City time), Massachusetts in the case of a Borrowing consisting of Eurodollar Rate Advances, or before 1:00 p.m. (New York City time) ), in the case of a Borrowing consist­ing of Base Rate Advances, on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's ’s Account, in same day funds, such Lender's Bank’s ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate LendersBorrowing. After the Administrative Agent's ’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such same day funds available to the Borrower Company at the Company’s account at the Administrative Agent’s address referred to in Section 9.02; provided that Advances made to finance an LC Reimbursement Obligation as provided in Section 2.02 shall be remitted by crediting the Borrower's AccountAdministrative Agent to the respective Issuing Bank or the Banks as their interests may appear.

Appears in 1 contract

Samples: Credit Agreement (Cigna Corp)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each Each Borrowing shall be made on notice, given not later than 12:00 Noon (Boston, Massachusetts x) 11:00 A.M. (New York City time) on the third second Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurodollar Rate Advances, Advances or the first Business Day prior to (y) 11:00 A.M. (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Base Rate Advances or, in the case of the initial Borrowing, Federal Funds Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by telephone, confirmed immediately in writing writing, or telecopier, telecopier in substantially the form of Exhibit B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iviii) aggregate amount of such Borrowing Borrowing, and (viv) in the case of a Borrowing consisting of Eurodollar Rate Advances, initial Interest Period for each such Advance. Each Appropriate Lender shall, before 11:00 A.M. 1:00 P.M. (Boston, Massachusetts New York City time) on the date of such Borrowing, Borrowing make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's ’s Account, in same day funds, such Lender's ’s ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate LendersBorrowing. After the Administrative Agent's ’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower by crediting at the Borrower's AccountAgent’s address referred to in Section 8.02.

Appears in 1 contract

Samples: Day Credit Agreement (SBC Communications Inc)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each Each Borrowing shall be made on noticenotice to the Administrative Agent, which may be given by (1) telephone or (2) an Advance Notice; provided that any telephone notice must be confirmed promptly by delivery to the Administrative Agent of an Advance Notice. Each such Advance Notice must be received not later than 12:00 Noon (Boston, Massachusetts x) 1:00 P.M. (New York City time) on the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurodollar Eurocurrency Rate Advances, or the first Business Day prior to (y) 1:00 P.M. (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Base Rate Advances, or (z) 1:00 P.M. (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Daily Floating LIBOR Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopierthereof. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by telephone, confirmed immediately in writing or telecopier, in substantially the form of Exhibit B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iv) aggregate amount of such Borrowing and (v) in the case of a Borrowing consisting of Eurodollar Rate Advances, initial Interest Period for each such Advance. Each Appropriate Lender shall, before 11:00 A.M. 3:00 P.M. (Boston, Massachusetts New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's Account’s Office, in same day fundsSame Day Funds, such Lender's ratable portion ’s Pro Rata Share of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate LendersBorrowing. After the Administrative Agent's ’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower at the Administrative Agent’s address referred to in Section 8.02; provided, however, that if, on the date the Advance Notice with respect to such Borrowing is given by crediting the Borrower's Account, there are L/C Borrowings outstanding, then the proceeds of such Borrowing, first, shall be applied to the payment in full of any such L/C Borrowings, and second, shall be made available to the Borrower as provided above.

Appears in 1 contract

Samples: Credit Agreement (Invesco Ltd.)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each Each Borrowing shall be made on notice, given not later than 12:00 Noon 5:00 P.M. (Boston, Massachusetts New York City time) on the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurodollar Rate Advances, or the first Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Rate Advancessuch Borrowing, by the applicable Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopierthereof. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by telephone, confirmed immediately in writing writing, or telecopier, telecopier or telex in substantially the form of Exhibit B B-1 hereto, specifying therein the requested (i) date of such BorrowingBorrowing (which shall be a Business Day) and identity of the applicable Borrower, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iv) aggregate amount of such Borrowing Borrowing, and (viii) in the case of a Borrowing consisting of Eurodollar Rate Advances, initial Interest Period for each such AdvancePeriod. Each Appropriate Lender shall, before 11:00 A.M. (Boston, Massachusetts London time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative applicable Agent's ’s Account, in same day funds, such Lender's ’s ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate Lenderseach Borrowing. After the Administrative Agent's ’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower that requested such Advances via wire transfer as directed by crediting such Borrower in the Borrower's Accountapplicable Notice of Borrowing, provided that (A) if the First Borrowing occurs before December 27, 2007, the proceeds thereof shall be disbursed to the Escrow Agent pursuant to the terms of the Escrow Agreement, and (B) in all other cases, the proceeds of the applicable Borrowing shall be disbursed to the Notary.

Appears in 1 contract

Samples: Credit Agreement (PPG Industries Inc)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03), each the Borrowing shall be made on notice, given not later than 12:00 Noon 11:00 A.M. (Boston, Massachusetts New York City time) on the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurodollar Rate Advances, Advances or on the first Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telex or telecopier. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by telephone, confirmed immediately in writing writing, or telex or telecopier, in substantially the form of Exhibit B hereto, specifying therein the requested (i) date of such the Borrowing, (ii) Facility under which such Borrowing is to be madeType of Advances comprising the Borrowing, (iii) Type of Advances comprising such Borrowing, (iv) aggregate amount of such the Borrowing and (viv) in the case of a Borrowing consisting of Eurodollar Rate Advances, initial Interest Period for each such Advance. Each Appropriate Lender shall, before 11:00 A.M. (Boston, Massachusetts New York City time) on the date of such the Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's ’s Account, in same day funds, such Lender's ’s ratable portion of such the Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate Lenders. After the Administrative Agent's ’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower by crediting the Borrower's ’s Account.

Appears in 1 contract

Samples: Term Loan Agreement (Dresser Inc)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.032.13, each Borrowing shall be made on notice, given not later than 12:00 Noon 11:00 A.M. (BostonProvidence, Massachusetts Rhode Island time) on the third Business Day in the case of a Eurodollar Rate Advance, the second Business Day in the case of a CD Rate Advance or the first Business Day in the case of a Base Rate Advance, in each case prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurodollar Rate Advances, or the first Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Rate AdvancesBorrowing, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopiertelex, telecopier or cable. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by telephonetelex, telecopier or cable, confirmed immediately in writing or telecopierwriting, in substantially the form of Exhibit B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iv) aggregate amount of such Borrowing Borrowing, and (v) in the case of a Borrowing an Advance consisting of Eurodollar Rate Advances or CD Rate Advances, the initial Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances or CD Rate Advances, the Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(a)(ii) or (iii). Each Appropriate Lender shall, before 11:00 A.M. (BostonProvidence, Massachusetts Rhode Island time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's Account, in same day funds, such Lender's ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate Lenders. After the Administrative Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower by crediting the Borrower's Account. No Advance may be used for the purpose of repaying or prepaying any other Advance, except that Revolving Advances may be used to repay outstanding Swing Line Advances.

Appears in 1 contract

Samples: Credit Agreement (Providence Journal Co)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each Each Borrowing shall be made on notice, -------------------------------- notice given not later than (i) 12:00 Noon noon (Boston, Massachusetts New York City time) on the third Business Day prior to the date of the proposed Borrowing, if such proposed Borrowing in the case of a Borrowing consisting consists of Eurodollar Rate AdvancesAdvances and (ii) 10:00 A.M. (New York City time) on the day of such proposed Borrowing, or the first Business Day prior to the date of the if such proposed Borrowing in the case consists of a Borrowing consisting of Prime Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by telecopier or telephone (and if ------------------- by telephone, confirmed immediately in writing or telecopierwriting), in substantially the form of Exhibit B A hereto, specifying therein the requested (i) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iviii) aggregate amount of such Borrowing and (viv) in the case of a Borrowing consisting comprised of Eurodollar Rate Advances, initial Interest Period for each such Advance. Each Appropriate Lender shall, before 11:00 A.M. 2:00 p.m. (Boston, Massachusetts New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's Accountits address referred to in Section 10.02, in same day funds, such Lender's ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate LendersBorrowing. After the Administrative Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article IIIV, the Administrative Agent will make such funds available to the Borrower by crediting at the BorrowerAgent's Accountaforesaid address.

Appears in 1 contract

Samples: Credit Agreement (Gap Inc)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each Each Borrowing shall be made on notice, given not later than 12:00 Noon (Boston, Massachusetts x) 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurodollar Rate Advances, Advances denominated in Dollars or the first Business Day prior to (y) 12:00 noon (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Base Rate Advances, by the any Borrower to the Administrative Paying Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopiertelecopier or telex. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by telephone, confirmed immediately in writing writing, or telecopier, telecopier or telex in substantially the form of Exhibit B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iviii) aggregate amount of such Borrowing Borrowing, and (viv) in the case of a Borrowing consisting of Eurodollar Rate Advances, initial Interest Period for each such Advance. Each Appropriate Lender shall, before 11:00 A.M. 1:00 P.M. (Boston, Massachusetts New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent Paying Agent, at the Administrative Agent's Account, in same day funds, such Lender's ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate LendersBorrowing. After the Administrative Paying Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Paying Agent will make such funds available to the Borrower by crediting the Borrower's Accountrequesting such Borrowing at its address referred to in Section 9.02.

Appears in 1 contract

Samples: Day Credit Agreement (Goodrich Corp)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.032.03(c), each Borrowing shall be made on notice, given not later than (x) 12:00 Noon noon (Boston, Massachusetts New York City time) on the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurodollar Rate Advances, Advances or the first Business Day prior to (y) 12:00 noon (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopierfacsimile. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by telephone, confirmed immediately in writing or telecopier, by facsimile in substantially the form of Exhibit B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iviii) aggregate amount of such Borrowing Borrowing, and (viv) in the case of a Borrowing consisting of Eurodollar Rate Advances, initial Interest Period for each such Advance. Each Appropriate Lender shall, in the case of a Borrowing consisting of Base Rate Advances, before 2:00 P.M. (New York City time) on the date of such Borrowing, and in the case of a Borrowing consisting of Eurodollar Rate Advances, before 11:00 A.M. (Boston, Massachusetts New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's Account, in same day funds, such Lender's ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate LendersBorrowing. After the Administrative Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower by crediting at the BorrowerAgent's Accountaddress referred to in Section 8.02.

Appears in 1 contract

Samples: Year Credit Agreement (Pinnacle West Capital Corp)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each Each Borrowing shall be made on notice, given not later than (x) 12:00 Noon noon (Boston, Massachusetts New York City time) on the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurodollar Rate Advances, Advances or the first Business Day prior to (y) 12:00 noon (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopiertelecopier or email. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by telephone, confirmed immediately in writing writing, or telecopier, telecopier or email in substantially the form of Exhibit B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iviii) aggregate amount of such Borrowing Borrowing, and (viv) in the case of a Borrowing consisting of Eurodollar Rate Advances, initial Interest Period for each such Advance. Each Appropriate Lender shall, before 11:00 A.M. 1:00 P.M. (Boston, Massachusetts New York City time) on the date of such Borrowing, in the case of a Borrowing consisting of Eurodollar Rate Advances and before 2:00 P.M. (New York City time) on the date of such Borrowing, in the case of a Borrowing consisting of Base Rate Advances, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative applicable Agent's ’s Account, in same day funds, such Lender's ’s ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate LendersBorrowing. After the Administrative Agent's ’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower by crediting requesting the Borrower's AccountBorrowing at the Agent’s address referred to in Section 8.02.

Appears in 1 contract

Samples: Term Loan Agreement (Xerox Corp)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.032.03(c), each Borrowing shall be made on notice, given not later than (x) 12:00 Noon noon (Boston, Massachusetts New York City time) on the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurodollar Rate Advances, Advances or the first Business Day prior to (y) 12:00 noon (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopierfacsimile. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by telephone, confirmed immediately in writing or telecopier, by facsimile in substantially the form of Exhibit B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iviii) aggregate amount of such Borrowing Borrowing, and (viv) in the case of a Borrowing consisting of Eurodollar Rate Advances, initial Interest Period for each such Advance. Each Appropriate Lender shall, in the case of a Borrowing consisting of Base Rate Advances, before 2:00 P.M. (New York City time) on the date of such Borrowing, and in the case of a Borrowing consisting of Eurodollar Rate Advances, before 11:00 A.M. (Boston, Massachusetts New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's ’s Account, in same day funds, such Lender's ’s ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate LendersBorrowing. After the Administrative Agent's ’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower at the Agent’s address referred to in Section 8.02 or as requested by crediting the Borrower's AccountBorrower in the applicable Notice of Borrowing.

Appears in 1 contract

Samples: Year Credit Agreement (Pinnacle West Capital Corp)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each Each Borrowing shall be made on notice, given not later than 12:00 Noon noon (Boston, Massachusetts New York City time) on the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurodollar Rate Advances, or the first Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopierthereof. Each such notice of a Borrowing (a "Notice of Borrowing") shall be in writing or electronic mail or by telephone, confirmed immediately in writing writing, or telecopiertelecopier or electronic communication, in substantially the form of Exhibit B B-1 hereto, specifying therein the requested (i) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iviii) aggregate amount of such Borrowing and (viv) in the case of a Borrowing consisting of Eurodollar Rate Advances, initial Interest Period for each such Advance. Each Appropriate Lender shall, before 11:00 A.M. 1:00 P.M. (Boston, Massachusetts New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's ’s Account, in same day funds, such Lender's ’s ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate Lenders. After the Administrative Agent's receipt of such funds and upon Upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower by crediting the Borrower's ’s Account.

Appears in 1 contract

Samples: Second Lien Credit Agreement (Landrys Restaurants Inc)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each Each Borrowing shall be made on notice, given not later than 12:00 Noon (Boston, Massachusetts New York City time) on the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurodollar Rate Advances, or not later than 11:00 A.M. (New York City time) on the first same Business Day prior to as the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopiertelecopier or telex. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by telephone, confirmed immediately in writing writing, or telecopiertelecopier or telex, in substantially the form of Exhibit B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iviii) aggregate amount of such Borrowing Borrowing, and (viv) in the case of a Borrowing consisting of Eurodollar Rate Advances, initial Interest Period for each such Advance. Each Appropriate Lender shall, before 11:00 A.M. 12:00 Noon (Boston, Massachusetts New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's Account, in same day funds, such Lender's ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate LendersBorrowing. After the Administrative Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will promptly make such funds available to the Borrower at an account maintained by crediting the Borrower's AccountBorrower at a commercial bank organized under the laws of the United States, or any State thereof, and designated by the Borrower for such purpose.

Appears in 1 contract

Samples: Credit Agreement (360 Communications Co)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each Borrowing The Borrowings of the Tranche A Advances and the Tranche B Advances shall be made on notice, given not later than 12:00 Noon 11:00 A.M. (Boston, Massachusetts New York City time) on the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurodollar Rate Advances, or the first Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Rate Advances, Borrowings by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopierfax. Each such The notice of a Borrowing Borrowings (a the "Notice of BorrowingNOTICE OF BORROWING") shall be by telephone, confirmed immediately in writing or telecopiera writing, in substantially the form of Exhibit B hereto, sent by fax specifying therein the requested (i) date of such Borrowingthe Borrowings, (ii) Facility under which such Borrowing is to be madeaggregate amount of the Borrowings, (iii) Type amount of Advances comprising such the Tranche A Borrowing and of the Tranche B Borrowing, (iv) aggregate amount Type of such Borrowing Tranche B Advances comprising the Tranche B Borrowing, and (v) in the case of a Borrowing consisting of Eurodollar Rate Advances, initial Interest Period for each such Eurodollar Rate Advance. Each Appropriate Lender shall, before 11:00 10:00 A.M. (Boston, Massachusetts New York City time) on the date of such Borrowingthe Borrowings, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's Account, in same day immediately available funds, such Lender's ratable portion of such Borrowing in accordance with each of the respective Commitments under the applicable Facility of such Lender and the other Appropriate LendersBorrowings. After the Administrative Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to in accordance with the Borrower by crediting terms of the Borrower's AccountFlow of Funds Memorandum.

Appears in 1 contract

Samples: Credit Agreement (North Atlantic Energy Corp /Nh)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each The Borrowing shall be made on notice, given not later than 12:00 Noon (Boston, Massachusetts x) 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurodollar Rate Advances, Advances or the first Business Day prior to (y) 11:00 A.M. (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Base Rate Advances, by a Responsible Officer of the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by telephone, (x) telephone and confirmed immediately in writing writing, or telecopier, (y) delivery of a notice in substantially the form of Exhibit B heretohereto or such other form as may be approved by the Agent (including any form on 12 CA, Inc. Credit Agreement an electronic platform or electronic transmission system as shall be approved by the Agent), specifying therein the requested (i) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iviii) aggregate amount of such Borrowing Borrowing, and (viv) in the case of a Borrowing consisting of Eurodollar Rate Advances, initial Interest Period for each such Advance. Each Appropriate Lender shall, before 11:00 A.M. 1:00 P.M. (Boston, Massachusetts New York City time) on the date of such Borrowing, Borrowing make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative applicable Agent's ’s Account, in same day funds, such Lender's ’s ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate LendersBorrowing. After the Administrative Agent's ’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article IIISection 3.02, the Administrative Agent will make such funds available to the Borrower by crediting in same day funds on the Borrower's Accountdate of such Borrowing at the Agent’s address referred to in Section 8.02.

Appears in 1 contract

Samples: Assignment and Assumption (Ca, Inc.)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each a. Each Borrowing shall be made on notice, given (i) in the case of a Borrowing comprising Eurodollar Rate Advances, not later than 12:00 Noon 11:00 A.M. (Boston, Massachusetts New York City time) on the third Business Day prior to the date of the proposed Borrowing Borrowing, and (ii) in the case of a Borrowing consisting of Eurodollar comprising Base Rate Advances, or the first Business Day prior to not later than 11:00 A.M. (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Rate AdvancesBorrowing, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopierthereof. Each such notice of a Borrowing (a "Notice of Borrowing") shall be transmitted by telephone, confirmed immediately in writing or telecopier, facsimile in substantially the form of Exhibit B A-1 hereto, specifying therein the requested (iA) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iiiB) Type of Advances comprising to be made in connection with such Borrowing, (ivC) aggregate amount of such Borrowing Borrowing, (D) wire instructions of the Borrower, and (vE) in the case of a Borrowing consisting of comprising Eurodollar Rate Advances, initial Interest Period for each such AdvanceAdvances. Each Appropriate Lender shall, before 11:00 A.M. (Boston, Massachusetts x) 12:00 noon (New York City time) on the date of such Borrowingany Borrowing comprising Eurodollar Rate Advances, and (y) 1:00 P.M. (New York City time) on the date of any Borrowing comprising Base Rate Advances, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's Accountits address referred to in Section 8.02, in same day funds, such Lender's ’s ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate LendersBorrowing. After the Administrative Agent's ’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower by crediting at the Borrower's AccountAdministrative Agent’s aforesaid address.

Appears in 1 contract

Samples: Credit Agreement (Entergy Arkansas Inc)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.032.03(c), each Borrowing shall be made on notice, given not later than (x) 12:00 Noon noon (Boston, Massachusetts New York City time) on the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurodollar Rate Advances, Advances or the first Business Day prior to (y) 12:00 noon (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof on the same day by telecopier. Each such notice of a Borrowing (a "Notice of Borrowing") shall be by telephone, confirmed immediately in writing writing, or telecopier, telecopier in substantially the form of Exhibit B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iviii) aggregate amount of such Borrowing Borrowing, and (viv) in the case of a Borrowing consisting of Eurodollar Rate Advances, initial Interest Period for each such Advance. Each Appropriate Lender shall, before 11:00 A.M. 2:00 P.M. (Boston, Massachusetts New York City time) on the date of such Borrowing, Borrowing make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's ’s Account, in same day funds, such Lender's ’s ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate LendersBorrowing. After the Administrative Agent's ’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower by crediting at the Borrower's AccountAgent’s address referred to in Section 8.02.

Appears in 1 contract

Samples: Credit Agreement (Embarq CORP)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each the Term C Borrowing shall be made on notice, given not later than 12:00 Noon 11:00 A.M. (Boston, Massachusetts New York City time) on the third Business Day prior to the date of the proposed Term C Borrowing in the case of a Term C Borrowing consisting of Eurodollar Rate Advances, Advances or the first Business Day prior to the date of the proposed Term C Borrowing in the case of a Term C Borrowing consisting of Prime Base Rate Advances, Advances by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopiertelecopier or electronic communication. Each such notice of a Term C Borrowing (a "Notice of Term C Borrowing") shall be by telephone, confirmed immediately in writing writing, or telecopierby telecopier or electronic communication, in substantially the form of Exhibit B hereto, specifying therein the requested (i) date of such Term C Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Term C Borrowing, (iviii) aggregate amount of such Term C Borrowing and (viv) in the case of a if such Term C Borrowing consisting consists of Eurodollar Rate Advances, initial Interest Period for each such Advance. Each Appropriate Lender shall, before 11:00 A.M. (Boston, Massachusetts New York City time) on the date of such Term C Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's ’s Account, in same day funds, such Lender's ’s ratable portion of such Term C Borrowing in accordance with the respective Term C Commitments under of the applicable Facility of such Lender and the other Appropriate Lenders. After the Administrative Agent's ’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower by crediting the Borrower's ’s Account.

Appears in 1 contract

Samples: Credit Agreement (US Power Generating CO)

Making the Advances. (a) Except as otherwise provided in Section 2.02(b) or 2.03, each Each Borrowing shall be made on notice, given (i) in the case of a Borrowing comprising Eurodollar Rate Advances, not later than 12:00 Noon 11:00 A.M. (Boston, Massachusetts New York City time) on the third Business Day prior to the date of the proposed Borrowing Borrowing, and (ii) in the case of a Borrowing consisting of Eurodollar comprising Base Rate Advances, or the first Business Day prior to not later than 11:00 A.M. (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Rate AdvancesBorrowing, by the applicable Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopierthereof. Each such notice of a Borrowing (a "Notice of Borrowing") shall be transmitted by telephone, confirmed immediately in writing or telecopier, facsimile in substantially the form of Exhibit B A-1 hereto, specifying therein the Borrower requesting such Borrowing and the requested (iA) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iiiB) Type of Advances comprising to be made in connection with such Borrowing, (ivC) aggregate amount of such Borrowing Borrowing, (D) wire instructions of such Borrower, and (vE) in the case of a Borrowing consisting of comprising Eurodollar Rate Advances, initial Interest Period for each such AdvanceAdvances. Each Appropriate Lender shall, before 11:00 A.M. (Boston, Massachusetts x) 12:00 noon (New York City time) on the date of such Borrowingany Borrowing comprising Eurodollar Rate Advances, and (y) 1:00 P.M. (New York City time) on the date of any Borrowing comprising Base Rate Advances, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent's ’s Account, in same day funds, such Lender's ’s ratable portion of such Borrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate LendersBorrowing. After the Administrative Agent's ’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to such Borrower in such manner as such Borrower shall have specified in the Borrower by crediting the Borrower's Accountapplicable Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Entergy Gulf States Louisiana, LLC)

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