Common use of Making the Advances Clause in Contracts

Making the Advances. (a) Each Borrowing shall be made on notice, given (i) in the case of a Borrowing comprising Eurodollar Rate Advances, not later than 11:00 a.m. (New York time) on the third Business Day prior to the date of the proposed Borrowing, and (ii) in the case of a Borrowing comprising Alternate Base Rate Advances, not later than 11:00 a.m. (New York time) on the date of the proposed Borrowing, by any Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof. Each such Notice of Borrowing by any Borrower shall be by email or any other electronic manner reasonably acceptable to the Administrative Agent, in substantially the form of Exhibit C hereto, specifying therein the requested (A) date of such Borrowing, (B) Type of Advances to be made in connection with such Borrowing, (C) aggregate amount of such Borrowing, (D) in the case of a Borrowing 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, and (E) the identity of the Borrower requesting such Borrowing. Each Borrower may request that more than one Borrowing be made on any date. Each Lender shall, before 1:00 p.m. (New York time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02, in same day funds, such Lender’s Percentage of such Borrowing. 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 such Borrower at the Administrative Agent’s aforesaid address.

Appears in 9 contracts

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

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Making the Advances. (a) Each Borrowing shall be made on notice, given (i) in the case of a Borrowing comprising Eurodollar Rate Advances, not later than 11:00 a.m. A.M. (New York City time) on the third Business Day prior to the date of the proposed Borrowing, and (ii) in the case of a Borrowing comprising Alternate Base Rate Advances, not later than 11:00 a.m. A.M. (New York City time) on the date of the proposed Borrowing, by any the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof. Each such notice of a Borrowing (a “Notice of Borrowing by any Borrower Borrowing”) shall be transmitted by email or any other electronic manner reasonably acceptable to the Administrative Agent, facsimile in substantially the form of Exhibit C A-1 hereto, specifying therein the requested (A) date of such Borrowing, (B) Type of Advances to be made in connection with such Borrowing, (C) aggregate amount of such Borrowing, (D) wire instructions of the Borrower, and (E) in the case of a Borrowing 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, and (E) the identity of the Borrower requesting such Borrowing. Each Borrower may request that more than one Borrowing be made on any dateAdvances. Each Lender shall, before 1:00 p.m. (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 its address referred to in Section 8.02, in same day funds, such Lender’s Percentage ratable portion of such Borrowing. 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 such the Borrower at the Administrative Agent’s aforesaid address.

Appears in 5 contracts

Samples: Credit Agreement (Entergy Texas, Inc.), Credit Agreement (Entergy Texas, Inc.), Credit Agreement (Entergy Texas, Inc.)

Making the Advances. (a) Each Borrowing shall be made on notice, given (i) in the case of a Borrowing comprising Eurodollar Rate Advances, not later than (x) 11:00 a.m. A.M. (New York City time) on the same Business Day as the date of a proposed Borrowing comprised of Base Rate Advances or (y) 1:00 P.M. (New York City time) on the third Business Day prior to the date of the a proposed Borrowing, and (ii) in the case Borrowing comprised of a Borrowing comprising Alternate Base Eurocurrency Rate Advances, not later than 11:00 a.m. (New York time) on by the date of the proposed Borrowing, by any Borrower to the Administrative Designated Agent, which shall give to each Lender prompt notice thereofthereof by telecopier. Each such notice of a Borrowing (a “Notice of Borrowing by any Borrower Borrowing”) shall be by email telecopier, or any other electronic manner reasonably acceptable to the Administrative Agentby telephone confirmed immediately by telecopier, in substantially the form of Exhibit C A hereto, specifying therein the requested (Ai) date of such BorrowingBorrowing (which shall be a Business Day), (Bii) Type of Advances to be made in connection with comprising such Borrowing, (Ciii) aggregate amount of such Borrowing, Borrowing and (Div) in the case of a Borrowing comprising Eurodollar comprised of Eurocurrency Rate Advances, the initial Interest Period and currency for each such Advance, which Borrowing shall be subject to the limitations stated in the definition of “Interest Period” in Section 1.01, and (E) the identity of the Borrower requesting such Borrowing. Each Borrower may request that more than one Borrowing be made on any date. Each Lender shall, before 1:00 p.m. P.M. (New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Designated Agent at its address referred to in Section 8.02the Designated Agent’s Account, in same day funds, such Lender’s Percentage ratable portion of such Borrowing. After the Administrative Designated Agent’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 such the Borrower at the Administrative office where the Designated Agent’s aforesaid addressAccount is maintained (or to an account of the Borrower in the relevant jurisdiction and designated by the Borrower in the applicable Notice of Borrowing).

Appears in 4 contracts

Samples: 364 Day Credit Agreement (TWDC Enterprises 18 Corp.), 364 Day Credit Agreement (Walt Disney Co), 364 Day Bridge Credit Agreement (Walt Disney Co)

Making the Advances. (a) Each Borrowing shall be made on notice, given (i) (x) in the case of a Borrowing comprising Eurodollar Rate RateTerm Benchmark Advances, not later than 11:00 a.m. (New York time) on the third U.S. Government Securities Business Day prior to the date of the proposed Borrowing, or (y) in the case of an RFR Borrowing, if applicable, not later than 11:00 a.m. (New York time) on the fifth U.S. Government Securities Business Day prior to the date of the proposed Borrowing, and (ii) in the case of a Borrowing comprising Alternate Base Rate Advances, not later than 11:00 a.m. (New York time) on the date of the proposed Borrowing, by any Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof. Each such Notice of Borrowing by any Borrower shall be by email or any other electronic manner reasonably acceptable to the Administrative Agent, in substantially the form of Exhibit C hereto, specifying therein the requested (A) date of such Borrowing, (B) Type of Advances to be made in connection with such Borrowing, (C) aggregate amount of such Borrowing, (D) in the case of a Borrowing comprising Eurodollar Rate RateTerm Benchmark 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, and (E) the identity of the Borrower requesting such Borrowing. Each Borrower may request that more than one Borrowing be made on any date. Each Lender shall, before 1:00 p.m. (New York time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02, in same day funds, such Lender’s Percentage of such Borrowing. 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 such Borrower at the Administrative Agent’s aforesaid address.

Appears in 2 contracts

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

Making the Advances. (a) Each Borrowing shall be made on notice, given (i) in the case of a Borrowing comprising Eurodollar Rate Advances, not later than (x) 11:00 a.m. A.M. (New York City time) on the third Business Day prior to the date of the proposed BorrowingBorrowing (or at such later time as the Administrative Agent, and (iiin its reasonable discretion, may agree to) in the case of a Borrowing comprising Alternate Base consisting of Eurodollar Rate Advances, not later than Advances or (y) 11:00 a.m. A.M. (New York City time) on the date of the proposed BorrowingBorrowing in the case of a Borrowing consisting of Base Rate Advances, by any the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereofthereof by telecopier or other electronic communication. Each such Notice notice of a Borrowing by any Borrower shall be by email or any other electronic manner reasonably acceptable to the Administrative Agent, notice in substantially the form of Exhibit C heretoA 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) (a “Notice of Borrowing”), specifying therein the requested (Ai) date of such BorrowingBorrowing (which shall be a Business Day), (Bii) Type of Advances to be made in connection with comprising such Borrowing, (Ciii) aggregate amount of such Borrowing, (Div) in the case of a Borrowing comprising Eurodollar Rate Advances, the initial Interest Period for each such Advance, which if such Borrowing shall be subject is to the limitations stated in the definition consist of “Interest Period” in Section 1.01, Eurodollar Rate Advances and (Ev) account or accounts in which the identity proceeds of the Borrower requesting such Borrowing. Each Borrower may request that more than one Borrowing should be made on any datecredited. Each Lender shall, before 1:00 p.m. P.M. (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 its address referred to in Section 8.02the applicable Administrative Agent’s Office, in same day funds, such Lender’s Percentage ratable portion of such Borrowing. 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 such the Borrower at in immediately available funds to the account or accounts specified by the Borrower to the Administrative Agent’s aforesaid addressAgent in the Notice of Borrowing relating to the applicable Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (Abbott Laboratories), Year Credit Agreement (Abbott Laboratories)

Making the Advances. (a) Each The Borrowing on the Effective Date shall be made on notice, given (i) in the case of a Borrowing comprising Eurodollar Rate Advances, not later than 11:00 a.m. A.M. (New York City time) on the third Business Day prior to the date of the proposed Borrowing, and (ii) Effective Date in the case of a Borrowing comprising Alternate consisting of Eurodollar Rate Advances, or 1:00 P.M. (New York City time) on the Effective Date in the case of a Borrowing consisting of Base Rate Advances, not later than 11:00 a.m. (New York time) on by the date of the proposed Borrowing, by any Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereofthereof by telecopier or telex. Each such notice of a Borrowing (a “Notice of Borrowing by any Borrower Borrowing”) shall be by email or any other electronic manner reasonably acceptable to the Administrative Agenttelephone, confirmed immediately in writing signed by a Financial Officer in substantially the form of Exhibit C B hereto, specifying therein the requested (Ai) date of such BorrowingBorrowing (which shall be the Effective Date), (Bii) Type of Advances to be made in connection with comprising such Borrowing, (Ciii) aggregate amount of such Borrowing, (Div) in the case of a Borrowing comprising consisting of 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, Advance and (Ev) the identity of the Borrower requesting such Borrowing. Each Borrower may request that more than one Borrowing be made on any datewire transfer instructions. Each Lender shall, before 1:00 p.m. 12:00 noon (New York City time) on the date Effective Date (or, in the case of such Borrowingany Notice of Borrowing with respect to a Base Rate Advance given on or after 10:00 A.M. (New York City time) but on or before 1:00 P.M. (New York City time) on the Effective Date, before 3:00 P.M. (New York City time) on the Effective Date), make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02the Agent’s Account, in same day funds, such Lender’s Percentage ratable portion of such Borrowing. 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 such the Borrower at as specified in the Administrative Agent’s aforesaid addressNotice of Borrowing.

Appears in 2 contracts

Samples: Term Loan Credit Agreement (DTE Electric Co), Credit Agreement (DTE Electric Co)

Making the Advances. (a) Each Borrowing shall be made on notice, given (i) (x) in the case of a Borrowing comprising Eurodollar Rate RateTerm Benchmark Advances, not later than 11:00 a.m. (New York time) on the third U.S. Government Securities Business Day prior to the date of the proposed Borrowing, or (y) in the case of an RFR Borrowing, if applicable, not later than 11:00 a.m. (New York time) on the fifth U.S. Government Securities Business Day prior to the date of the proposed Borrowing, and (ii) in the case of a Borrowing comprising Alternate Base Rate Advances, not later than 11:00 a.m. (New York time) on the date of the proposed Borrowing, by any Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof. Each such Notice of Borrowing by any Borrower shall be by email or any other electronic manner reasonably acceptable to the Administrative Agent, in substantially the form of Exhibit C hereto, specifying therein the requested (A) date of such Borrowing, (B) Type of Advances to be made in connection with such Borrowing, (C) aggregate amount of such Borrowing, (D) in the case of a Borrowing comprising Eurodollar Rate RateTerm Benchmark 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, and (E) the identity of the Borrower requesting such Borrowing. Each Borrower may request that more than one Borrowing be made on any date. Each Lender shall, before 1:00 p.m. (New York time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02, in same day funds, such Lender’s Percentage of such Borrowing. 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 such Borrower at the Administrative Agent’s aforesaid address.. 752938400

Appears in 1 contract

Samples: Credit Agreement (Firstenergy Corp)

Making the Advances. (a) Each Except as otherwise provided in Section 2.02(c) or 2.03, each Borrowing shall be made on notice, given (i) in by the case of a Borrowing comprising Eurodollar Rate Advances, Borrower not later than 11:00 a.m. 12:00 noon (New York City time) on the third Business Day prior to the date of the proposed Borrowing, and (ii) Borrowing in the case of a Borrowing comprising Alternate Base consisting of Eurodollar Rate Advances, not later than 11:00 a.m. (New York time) or on the date of the proposed BorrowingBorrowing in the case of a Borrowing consisting of Base Rate Advances, by any Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereofthereof by telecopier or electronic mail. Each such notice of a Borrowing (a “Notice of Borrowing by any Borrower Borrowing”) shall be by email telephone, confirmed immediately in writing, or any other telecopier or electronic manner reasonably acceptable to the Administrative Agentmail, in substantially the form of Exhibit C heretoB, specifying therein the requested (Ai) date of such Borrowing, (Bii) Type of Advances to be made in connection with comprising such Borrowing, (Ciii) aggregate amount of such Borrowing, Borrowing and (Div) in the case of a Borrowing comprising consisting of 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, and (E) the identity of the Borrower requesting such Borrowing. Each Borrower may request that more than one Borrowing be made on any date. Each Lender shall, before 1:00 p.m. 12:00 noon (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 its address referred to in Section 8.02the Administrative Agent’s Account, in same day immediately available funds, such Lender’s Percentage ratable portion of such BorrowingBorrowing in accordance with the respective Commitment of such Lender under the applicable Facility 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 shall (x) with respect to the Initial Borrowing, directly apply (1) the Revolving Advances (or such portion thereof as may be specified in writing to the Administrative Agent by the Borrower) to the repayment of the Existing Debt, and (2) the Term Advances to the repayment of the Existing Debt and (y) with respect to subsequent Revolving Borrowings, make such funds available to such Borrower at the Borrower, by crediting the Borrowing Account; provided, however, that, in the case of any subsequent Revolving Borrowing, the Administrative Agent’s aforesaid addressAgent shall first make a portion of such funds equal to the aggregate principal amount of any Swing Line Advances and L/C Borrowing made by the Swing Line Bank or any Issuing Bank and by any other Revolving Lender, as the case may be, and outstanding on the date of such Revolving Borrowing, plus interest accrued and unpaid thereon to and as of such date, available to the Swing Line Bank or such Issuing Bank or such other Revolving Lender, as the case may be, for repayment of such Swing Line Advances and L/C Borrowing.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Allegheny Energy, Inc)

Making the Advances. (a) Each Except as otherwise provided in Section 2.03, each Borrowing shall be made on notice, given (i) in the case of a Borrowing comprising Eurodollar Rate Advances, not later than 11:00 a.m. A.M. (New York Charlotte, North Carolina time) on the third Business Day prior to the date of the proposed BorrowingBorrowing in the case of a Borrowing consisting of Eurodollar Rate Advances, and or on the same date of the proposed Borrowing (iiwhich shall be a Business Day) in the case of a Borrowing comprising Alternate consisting of Base Rate Advances, not later than 11:00 a.m. (New York time) on by the date of the proposed Borrowing, by any Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof. Each such notice of a Borrowing (a “Notice of Borrowing by any Borrower Borrowing”) shall be in writing, or by email telephone, confirmed immediately in writing, or any other by telecopier or electronic manner reasonably acceptable to the Administrative Agentcommunication, in substantially the form of Exhibit C B hereto, specifying therein the requested (Ai) date of such Borrowing, (Bii) Facility under which such Borrowing is to be made, (iii) Type of Advances to be made in connection with comprising such Borrowing, (Civ) aggregate amount of such Borrowing, Borrowing and (Dv) in the case of a Borrowing comprising consisting of 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, and (E) the identity of the Borrower requesting such Borrowing. Each Borrower may request that more than one Borrowing be made on any date. Each Appropriate Lender shall, before 1:00 p.m. 11:00 A.M. (New York Charlotte, North Carolina time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02the Administrative Agent’s Account, in same day funds, such Lender’s Percentage ratable portion of such BorrowingBorrowing 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 such the Borrower at by crediting the Borrower’s Account; provided, however, that, in the case of any Revolving Credit Borrowing, the Administrative Agent’s aforesaid addressAgent shall first apply such funds to prepay ratably the aggregate principal amount of any 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 (Triple Crown Media, Inc.)

Making the Advances. (a) Each Borrowing shall be made on noticenotice by a Borrower, given (i) in the case of a Borrowing comprising Eurodollar Rate Advances, not later than 11:00 a.m. (New York timex) 11:30 A.M. (Local Time) on (1) the third Business Day prior to the date of the proposed Borrowing, and (ii) Borrowing in the case of a Borrowing comprising Alternate Base in an Alternative Currency or (2) the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing in Dollars consisting of Eurocurrency Rate Advances, not later than 11:00 a.m. Advances or (y) 11:30 A.M. (New York time) on the date of the proposed BorrowingBorrowing in the case of a Borrowing consisting of Base Rate Advances, by any Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereofthereof by telecopier or other electronic communication. Each such notice of a Borrowing (a “Notice of Borrowing by any Borrower Borrowing”) shall be in writing or by email telephone, and if by telephone, confirmed immediately in writing, including by telecopier (or any other electronic manner reasonably acceptable to the Administrative Agent, communication) in substantially the form of Exhibit C A hereto, signed by a Responsible Officer and specifying therein the requested (Ai) date of such BorrowingBorrowing (which shall be a Business Day), (Bii) Type and currency of Advances to be made in connection with comprising such Borrowing, (Ciii) aggregate amount of such Borrowing, (Div) in the case of a Borrowing comprising Eurodollar Rate Advances, the initial Interest Period for each such Advance, if such Borrowing is to consist of Eurocurrency Rate Advances, (v) that the proceeds of the Borrowing should be credited to an account the details of which Borrowing shall be subject have been previously provided by the applicable Borrower to the limitations stated Administrative Agent in the definition of “Interest Period” in Section 1.01, writing and (Evi) whether such notice is conditioned on the identity occurrence of the Borrower requesting any event and if such Borrowing. Each Borrower may request that more than one Borrowing be made on any datenotice is so conditioned, a description of such event. Each Lender shall, before 1:00 p.m. 12:00 P.M. (Local Time) in the case of Advances in an Alternative Currency and 1:30 P.M. (New York City time) in the case of Advances in Dollars on the date of such Borrowing, Borrowing make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02the applicable Administrative Agent’s Office, in same day funds, such Lender’s Percentage ratable portion of such Borrowing. 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 applicable Borrower in immediately available funds to the account specified by such Borrower at to the Administrative Agent’s aforesaid addressAgent in a signed writing delivered to the Administrative Agent on or prior to the time the applicable Notice of Borrowing is delivered (or such later time as the Administrative Agent shall agree).

Appears in 1 contract

Samples: Credit Agreement (STERIS PLC)

Making the Advances. (a) Each Borrowing shall be made on notice, given not later than (i) 12:00 Noon in the case of a proposed Borrowing comprising Eurodollar Rate comprised of Xxxx Xxxxxxxxx Advances, not later than 11:00 a.m. (New York time) on the third at least three U.S. Government Securities Business Day Days prior to the date of the proposed Borrowing, and (ii) 11:00 A.M. in the case of a proposed Borrowing comprising Alternate comprised of Base Rate Advances, not later than 11:00 a.m. (New York time) on the date day of the proposed Borrowing, by any the Borrower to the Administrative Agent, which shall give to each Lender Bank prompt notice thereof. Each such notice of a Borrowing (a “Notice of Borrowing by any Borrower Borrowing”) shall be by email or any other electronic manner reasonably acceptable to the Administrative Agenttelephone, confirmed immediately in writing, in substantially the form of Exhibit C heretoB, duly signed by a Responsible Officer, specifying therein the requested (A) date of such Borrowing, (B) Type of Advances to be made in connection with comprising such Borrowing, (C) aggregate amount of such Borrowing, and (D) in the case of a Borrowing comprising Eurodollar Rate comprised of Term Benchmark Advances, the initial Interest Period for each such Advance, which provided that the Borrower may not specify Term Benchmark Advances for any Borrowing if, after giving effect to such Borrowing, Xxxx Xxxxxxxxx Advances having more than ten (10) different Interest Periods shall be subject to outstanding. In the limitations stated in case of a proposed Borrowing comprised of Xxxx Xxxxxxxxx Advances, the definition of “Interest Period” in Section 1.01, Administrative Agent shall promptly notify each Bank and (E) the identity Borrower of the Borrower requesting such Borrowingapplicable interest rate under Section 2.5(b). Each Borrower may request that more than one Borrowing be made on any date. Each Lender Bank shall, before 1:00 p.m. (New York 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 its address referred to in Section 8.02Payment Office, in same day funds, such LenderBank’s Percentage ratable portion of such Borrowing. 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 such the Borrower at the Administrative Agent’s aforesaid address.

Appears in 1 contract

Samples: Revolving Credit Agreement (Eog Resources Inc)

Making the Advances. (a) Each Except as otherwise provided in Section 2.02(b) or 2.03, each Borrowing shall be made on notice, given (i) in the case of a Borrowing comprising Eurodollar Rate Advances, not later than 11:00 a.m. 12:00 P.M. (New York City time) on the third Business Day prior to the date of the proposed Borrowing, and (ii) Borrowing in the case of a Borrowing comprising Alternate Base consisting of Eurodollar Rate Advances, not later than 11:00 a.m. (New York time) on or the first Business Day prior to the date of the proposed BorrowingBorrowing in the case of a Borrowing consisting of Base Rate Advances, by any the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereofthereof by telecopier or electronic communication. Each such notice of a Borrowing (a “Notice of Borrowing by any Borrower Borrowing”) shall be by email telephone, confirmed immediately in writing, or any other by telecopier or electronic manner reasonably acceptable to the Administrative Agentcommunication, in substantially the form of Exhibit C B hereto, specifying therein the requested (Ai) date of such Borrowing, (Bii) Facility under which such Borrowing is to be made, (iii) Type of Advances to be made in connection with comprising such Borrowing, (Civ) aggregate amount of such Borrowing, Borrowing and (Dv) in the case of a Borrowing comprising consisting of 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, and (E) the identity of the Borrower requesting such Borrowing. Each Borrower may request that more than one Borrowing be made on any date. Each Appropriate Lender shall, before 1:00 p.m. 12:00 P.M. (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 its address referred to in Section 8.02the Administrative Agent’s Account, in same day funds, such Lender’s Percentage ratable portion of such BorrowingBorrowing 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 such the Borrower at by crediting the Borrower’s Account; provided, however, that, in the case of any Revolving Credit Borrowing, the Administrative Agent’s aforesaid addressAgent 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 (NCO Teleservices, Inc.)

Making the Advances. (a) Each Borrowing shall be made on notice, given (i) (x) in the case of a Borrowing comprising Eurodollar Rate RateTerm Benchmark Advances, not later than 11:00 a.m. (New York time) on the third U.S. Government Securities Business Day prior to the date of the proposed Borrowing, or (y) in the case of an RFR Borrowing, if applicable, not later than 11:00 a.m. (New York time) on the fifth U.S. Government Securities Business Day prior to the date of the proposed Borrowing, and (ii) in the case of a Borrowing comprising Alternate Base Rate Advances, not later than 11:00 a.m. (New York time) on the date of the proposed Borrowing, by any Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof. Each such Notice of Borrowing by any Borrower shall be by email or any other electronic manner reasonably acceptable to the Administrative Agent, in substantially the form of Exhibit C hereto, specifying therein the requested (A) date of such Borrowing, (B) Type of Advances to be made in connection with such Borrowing, (C) aggregate amount of such Borrowing, (D) in the case of a Borrowing comprising Eurodollar Rate RateTerm Benchmark 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, and (E) the identity of 753191373 the Borrower requesting such Borrowing. Each Borrower may request that more than one Borrowing be made on any date. Each Lender shall, before 1:00 p.m. (New York time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02, in same day funds, such Lender’s Percentage of such Borrowing. 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 such Borrower at the Administrative Agent’s aforesaid address.

Appears in 1 contract

Samples: Credit Agreement (Firstenergy Corp)

Making the Advances. (a) Each Except as otherwise provided in Section 2.3 each Borrowing shall be made on notice, given (i) in the case of a Borrowing comprising Eurodollar Rate Advances, not later than 11:00 a.m. A.M. (New York time) on the third first Business Day prior to the date of the proposed Borrowing, and (ii) in Borrowing by the case of a Borrowing comprising Alternate Base Rate Advances, not later than 11:00 a.m. (New York time) on the date of the proposed Borrowing, by any Borrower Borrowers to the Administrative Agent, which shall give to each appropriate Lender prompt notice thereofthereof by telex or telecopier. Each such notice of a Borrowing (a "Notice of Borrowing by any Borrower shall Borrowing") may be by email telephone, confirmed immediately in writing, or any other electronic manner reasonably acceptable to the Administrative Agent, telex or telecopier in substantially the form of Exhibit C D hereto, specifying therein the requested (Ai) date of such Borrowing, (Bii) Type of Advances Facility under which such Borrowing is to be made in connection with such Borrowingmade, and (Ciii) aggregate amount of such Borrowing, (D) in the case of a Borrowing 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, and (E) the identity of the Borrower requesting such Borrowing. Each Borrower may request that more than one Borrowing be made on any date. Each appropriate Lender shall, before 1:00 p.m. 11:00 A.M. (New York time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02the Administrative Agent's Account, in same day funds, such Lender’s Percentage 's ratable portion of such BorrowingBorrowing 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 III3, the Administrative Agent will make such funds available to such Borrower at the Borrowers by crediting the Borrowers' Account; provided, however, that in the case of any Revolving Credit Borrowing, the Administrative Agent’s aforesaid addressAgent shall first make a portion of such funds equal to the aggregate principal amount of any Letter of Credit Advances made by the 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 (Mediabay Inc)

Making the Advances. (a) Each Except as otherwise provided in Section 2.03, each Borrowing shall be made on notice, given (i) in the case of a Borrowing comprising Eurodollar Rate Advances, not later than 11:00 a.m. A.M. (New York City time) on the third (or, in the case of the Borrowing of the Additional Term B Advances on the Closing Date, second) Business Day prior to the date of the proposed Borrowing, and (ii) Borrowing in the case of a Borrowing comprising Alternate Base consisting of Eurodollar Rate Advances, not later than 11:00 a.m. (New York time) on or the first Business Day prior to the date of the proposed BorrowingBorrowing in the case of a Borrowing consisting of Base Rate Advances, by any the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereofthereof by telex, telecopier or other electronic transmission. Each such notice of a Borrowing (a “Notice of Borrowing by any Borrower Borrowing”) shall be by email telephone, confirmed immediately in writing, or any telex, telecopier or other electronic manner reasonably acceptable to the Administrative Agenttransmission at 00000000000@xxx.xxxxxxx.xxx, in substantially the form of Exhibit C B hereto, specifying therein the requested (Ai) date of such Borrowing, (Bii) Facility under which such Borrowing is to be made, (iii) Type of Advances to be made in connection with comprising such Borrowing, (Civ) aggregate amount of such Borrowing, Borrowing and (Dv) in the case of a Borrowing comprising consisting of Eurodollar Rate Advances, the initial Interest Period for each such Advance, which . Each such telephonic Notice of Borrowing shall be subject irrevocable and shall be confirmed promptly by hand delivery, facsimile, or electronic transmission of a “pdf” or similar copy to the limitations stated in the definition Administrative Agent of “Interest Period” in Section 1.01, and (E) the identity an executed written Notice of the Borrower requesting such Borrowing. Each Borrower may request that more than one Borrowing be made on any date. Each Appropriate Lender shall, before 1:00 p.m. 2:00 P.M. (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 its address referred to in Section 8.02the Administrative Agent’s Account, in same day funds, such Lender’s Percentage ratable portion of such BorrowingBorrowing 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 such the Borrower at by crediting the Administrative AgentBorrower’s aforesaid addressAccount.

Appears in 1 contract

Samples: Credit Agreement (Ntelos Holdings Corp)

Making the Advances. (a) Each Borrowing shall be made on notice, given (i) in the case of a Borrowing comprising Eurodollar Rate Advances, not later than (x) 11:00 a.m. A.M. (New York City time) on the third Business Day prior to the date of the proposed Borrowing, and (ii) Borrowing in the case of a Borrowing comprising Alternate consisting of Eurocurrency Rate Advances or (y) on the Business Day of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, not later than 11:00 a.m. (New York time) on by the date of the proposed Borrowing, by any Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereofthereof by telex or telecopier. Each such notice of a Borrowing (a “Notice of Borrowing by any Borrower Borrowing”) shall be by email telephone, confirmed immediately in writing, or any other telex or telecopier or electronic manner reasonably acceptable to the Administrative Agentmail, in substantially the form of Exhibit C B hereto, specifying therein the requested (Ai) date of such Borrowing, (Bii) Type of Advances to be made in connection with comprising such Borrowing, (Ciii) aggregate amount of such Borrowing, Borrowing and (Div) in the case of a Borrowing comprising Eurodollar consisting of Eurocurrency 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, and (E) the identity of the Borrower requesting such Borrowing. Each Borrower may request that more than one Borrowing be made on any date. Each Lender shall, before 1:00 p.m. 11:00 A.M. (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 its address referred to in Section 8.02the Administrative Agent’s Account, in same day funds, such Lender’s Percentage ratable portion of such BorrowingBorrowing in accordance with the respective Commitments of such Lender and the other 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 or such other account as the Borrower at the Administrative Agent’s aforesaid addressshall request.

Appears in 1 contract

Samples: 364 Day Bridge Facility and Guaranty Agreement (Dana Inc)

Making the Advances. (a) Each Borrowing shall be made on noticerequested by telephone (to be confirmed immediately in writing), telecopier or telex notice given (i) in by the case of a Borrowing comprising Eurodollar Rate Advances, not later than 11:00 a.m. (New York time) on the third Business Day prior to the date of the proposed Borrowing, and (ii) in the case of a Borrowing comprising Alternate Base Rate Advances, not later than 11:00 a.m. (New York time) on the date of the proposed Borrowing, by any Borrower to the Administrative Agent, which shall give Agent not later than 10:00 a.m. (London time) three Business Days prior to each Lender prompt notice thereofthe proposed Borrowing Date. Each such notice of Borrowing pursuant to this Section 2.02 (a “Notice of Borrowing by any Borrower Borrowing”) shall be by email or any other electronic manner reasonably acceptable to the Administrative Agent, in substantially the form of Exhibit C 2.02 hereto, specifying therein the requested (A) date of such Borrowingproposed Borrowing Date, (B) Type of Advances to be made in connection with such Borrowing, (C) aggregate amount of such Borrowing, (D) in the case of a proposed Borrowing comprising Eurodollar Rate Advances, and the initial Interest Period and Agreed Currency applicable thereto for each such Advance, which Borrowing and shall include such information as shall be subject required by Section 6.01(h). If no currency is specified with respect to any requested Borrowing, then the limitations stated Borrower shall be deemed to have selected Euro. If no Interest Period is specified with respect to any requested Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. The Administrative Agent shall in the definition of “Interest Period” in Section 1.01, and (E) the identity turn promptly notify each Bank by telecopier of the Borrower requesting date, applicable interest rate, applicable Agreed Currency and aggregate amount of such Borrowing and such Bank’s ratable portion of such Borrowing. Each Borrower may request that more than one Borrowing be made on any date. Each Lender shallBank, before 1:00 p.m. (New York time) on the date of such Borrowing, make available for the account of its Applicable Lending Office Office, shall with respect to a Borrowing, before 12:00 Noon (London time) on the Borrowing Date specified in the notice received from the Administrative Agent pursuant to the preceding sentence, deposit such Bank’s ratable portion of such Borrowing in such funds as then may be customary for the settlement of transactions in such Agreed Currency to the Administrative Agent at its address referred to in Section 8.02, in same day funds, such Lender’s Percentage of such Borrowingaccordance with those instructions stipulated on any given drawdown request by the Administrative Agent. 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 shall make same day funds in the amount of such funds available to such the Borrower within 30 minutes of demand (which may be by telephone) by the Borrower, at the Administrative Agent’s aforesaid addressaddress provided in Section 9.02.

Appears in 1 contract

Samples: Credit Agreement (Baxter International Inc)

Making the Advances. (a) Each Borrowing shall be made on notice, given (i) in the case of a Borrowing comprising Eurodollar Rate Advances, not later than (x) 11:00 a.m. (New York timeLocal Time) on the third U.S. Government Securities Business Day (or such shorter period as agreed by the Administrative Agent and applicable Lenders) prior to the date of the proposed Borrowing, and (ii) Borrowing in the case of a Borrowing comprising Alternate Base consisting of a Term SOFR Rate Advances, not later than Advance or (y) 11:00 a.m. (New York timeLocal Time) on the date of the proposed BorrowingBorrowing in the case of a Borrowing consisting of Base Rate Advances, by any the Lead Borrower to the Administrative AgentAgent by telecopier or electronic mail, which shall give to each Lender prompt notice thereofthereof by telecopier or electronic mail. Each such notice of a Borrowing (a “Notice of Borrowing by any Borrower Borrowing”) shall be in writing or by email telecopier or any other electronic manner reasonably acceptable to the Administrative Agent, mail in substantially the form of Exhibit C B hereto, specifying therein the requested (Ai) date of such Borrowing, (Bii) Type of Advances to be made in connection with comprising such Borrowing, (Ciii) currency and aggregate amount of such Borrowing, which, other than with respect to the Initial Advances on the Effective Date, shall be in an amount not less than the Borrowing Minimum or shall be an amount in excess thereof that is an integral multiple of the Borrowing Multiple, (Div) in the case of a Borrowing comprising Eurodollar consisting of the Term SOFR 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, Advance and (Ev) whether the identity requested Borrowing is to be an Initial Borrowing or Incremental Borrowing of the Borrower requesting such Borrowing. Each Borrower may request that more than one Borrowing be made on any datea particular Series. Each Lender shall, before 11:00 a.m. (Local Time) on the date of such Borrowing, in the case of a Borrowing consisting of the Term SOFR Rate Advances and before 1:00 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 its address referred to in Section 8.02the applicable Administrative Agent’s Account, in same day fundsfunds in the applicable currency, such Lender’s Percentage ratable portion of such Borrowing. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, Section 4.1 the Administrative Agent will make such funds available to such Borrower the Borrowers in the applicable currency at the Administrative Agent’s aforesaid addressaccount of the Borrowers specified in the applicable Notice of Borrowing.

Appears in 1 contract

Samples: Lender Assignment Agreement (Carnival PLC)

Making the Advances. (a) Each Borrowing shall be made on notice, given (i) in the case of a Borrowing comprising Eurodollar Rate Advances, not later than 11:00 a.m. (New York time) on the third Business Day prior to the date of the proposed Borrowing, and (ii) in the case of a Borrowing comprising Alternate Base Rate Advances, not later than 11:00 a.m. (New York time) 744224964 on the date of the proposed Borrowing, by any the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof. Each such Notice of Borrowing by any the Borrower shall be by email or any other electronic manner reasonably acceptable to the Administrative Agent, in substantially the form of Exhibit C hereto, specifying therein the requested (A) date of such Borrowing, (B) Type of Advances to be made in connection with such Borrowing, (C) aggregate amount of such Borrowing, (D) in the case of a Borrowing 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, and (E) the identity of the Borrower requesting such Borrowing. Each The Borrower may request that more than one Borrowing be made on any date. Each Lender shall, before 1:00 p.m. (New York time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02, in same day funds, such Lender’s Percentage of such Borrowing. 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 such the Borrower at the Administrative Agent’s aforesaid address.

Appears in 1 contract

Samples: Credit Agreement (Firstenergy Corp)

Making the Advances. (a) Each Borrowing shall be made on notice, given (i) in the case of a Borrowing comprising Eurodollar Rate Advances, not later than (A) 11:00 a.m. A.M. (New York City time) on the third Business Day prior to the date of the proposed Borrowing, and Borrowing if the Borrower selects a Eurodollar Rate Advance or (iiB) in the case of a Borrowing comprising Alternate Base Rate Advances, not later than 11:00 a.m. A.M. (New York City time) on the date of the proposed BorrowingBorrowing (which shall be a Business Day) if the Borrower selects a Base Rate Advance, by any the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof. Each such notice of a Borrowing (a "Notice of Borrowing by any Borrower Borrowing") shall be by email telex or any other electronic manner reasonably acceptable to the Administrative Agenttelecopier, confirmed immediately in writing, in substantially the form of Exhibit C B hereto, specifying therein the requested (Ai) date of such Borrowing, (Bii) Type of Advances to be made in connection with comprising such Borrowing, (Ciii) aggregate principal amount of such Borrowing, Borrowing and (Div) in the case of a Borrowing comprising consisting of Eurodollar Rate Advances, the initial Interest Period for each such Advance, which Borrowing shall be Advance (subject to the limitations stated in provisions of the definition of Interest Period” in Section 1.01, and (E) the identity of the Borrower requesting such Borrowing. Each Borrower may request that more than one Borrowing be made on any date). Each Lender shall, before 1:00 p.m. P.M. (New York City time), (x) on the date of such BorrowingBorrowing if the Borrower selects a Eurodollar Rate Advance or (y) on the date of such Borrowing if the Borrower selects a Base Rate Advance, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02, in same day funds, such Lender’s Percentage 's ratable portion of such Borrowing. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the The Administrative Agent will make such funds Advances available to the Borrower by promptly crediting the amounts that it receives, in like funds by the close of business on such proposed date, to an account maintained by the Borrower with the Administrative Agent or at the Borrower's option, by effecting a wire transfer of such amounts to an account designated by the Borrower to the Administrative Agent’s aforesaid address.

Appears in 1 contract

Samples: Revolving Credit Agreement (Corn Products International Inc)

Making the Advances. (a) Each The Borrowing shall be made on notice, given (i) in the case of a Borrowing comprising Eurodollar Rate Advances, not later than 11:00 a.m. 2:00 P.M. (New York City time) on the third Business Day prior to the date of the proposed Borrowing, and (ii) Borrowing in the case of a Borrowing comprising Alternate Base consisting of Eurodollar Rate Advances, not later than 11:00 a.m. (New York time) on or the first Business Day prior to the date of the proposed BorrowingBorrowing in the case of a Borrowing consisting of ABR Advances, by any the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereofthereof by telex or telecopier. Each such Notice Such notice of the Borrowing by any Borrower (the "NOTICE OF BORROWING") shall be by email telephone, confirmed immediately in writing, or any other electronic manner reasonably acceptable to the Administrative Agenttelex or telecopier, in substantially the form of Exhibit C B hereto, specifying therein the requested (Ai) date of such Borrowing, (Bii) Type of Advances to be made in connection with comprising such Borrowing, (Ciii) aggregate amount of such Borrowing, Borrowing and (Div) in the case of a Borrowing comprising consisting of 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, and (E) the identity of the Borrower requesting such Borrowing. Each Borrower may request that more than one Borrowing be made on any date. Each Lender shall, before 1:00 p.m. 11:00 A.M. (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 its address referred to in Section 8.02the Administrative Agent's Account, in same day funds, such Lender’s Percentage 's ratable portion of such BorrowingBorrowing in accordance with the respective Commitments of such Lender and the other Lenders. After the Administrative Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article IIIfunds, the Administrative Agent will make such funds available to such the Borrower at by crediting the Administrative Agent’s aforesaid address.Borrower's Account. TWT Bridge Credit Agreement

Appears in 1 contract

Samples: Bridge Credit Agreement (Time Warner Telecom Inc)

Making the Advances. (a) Each Except as otherwise provided in Section 2.3, each Borrowing shall be made on notice, given (i) in the case of a Borrowing comprising Eurodollar Rate Advances, not later than 11:00 a.m. A.M. (New York time) on the third Business Day prior to the date of the proposed Borrowing, and (ii) Borrowing in the case of a Borrowing comprising Alternate Base Eurodollar Rate Advances, not later than 11:00 a.m. (New York time) Advances and on the date Business Day of the proposed Borrowing, Borrowing in the case of Prime Rate Advances by any the Borrower to the Administrative Agent, which shall give to each appropriate Lender prompt notice thereofthereof by telex or telecopier. Each such Notice notice of a Borrowing by any Borrower shall (a "NOTICE OF BORROWING") may be by email telephone, confirmed immediately in writing, or any other electronic manner reasonably acceptable to the Administrative Agent, telex or telecopier in substantially the form of Exhibit C EXHIBIT F hereto, specifying therein the requested (Ai) date of such Borrowing, (Bii) Facility under which such Borrowing is to be made, (iii) Type of Advances to be made in connection with comprising such Borrowing, (Civ) aggregate amount of such Borrowing, Borrowing and (Dv) in the case of a Borrowing comprising consisting of 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, and (E) the identity of the Borrower requesting such Borrowing. Each Borrower may request that more than one Borrowing be made on any date. Each appropriate Lender shall, before 1:00 p.m. P.M. (New York time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02the Administrative Agent's Account, in same day funds, such Lender’s Percentage 's ratable portion of such BorrowingBorrowing 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 III3, the Administrative Agent will make such funds available to such the Borrower at by crediting the Borrower's Account; PROVIDED, HOWEVER, that in the case of any Revolving Credit Borrowing, the Administrative Agent’s aforesaid addressAgent shall first make a portion of such funds equal to the aggregate principal amount of any Letter of Credit Advances made by the 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 (Moran Transportation Co)

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Making the Advances. (a) Each Borrowing shall be made on notice, given (i) (x) in the case of a Borrowing comprising Eurodollar Rate Xxxx Xxxxxxxxx Advances, not later than 11:00 a.m. (New York time) on the third U.S. Government Securities Business Day prior to the date of the proposed Borrowing, or (y) in the case of an RFR Borrowing, if applicable, not later than 11:00 a.m. (New York time) on the fifth U.S. Government Securities Business Day prior to the date of the proposed Borrowing, and (ii) in the case of a Borrowing comprising Alternate Base Rate Advances, not later than 11:00 a.m. (New York time) on the date of the proposed Borrowing, by any the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof. Each such Notice of Borrowing by any the Borrower shall be by email or any other electronic manner reasonably acceptable to the Administrative Agent, in substantially the form of Exhibit C hereto, specifying therein the requested (A) date of such Borrowing, (B) Type of Advances to be made in connection with such Borrowing, (C) aggregate amount of such Borrowing, (D) in the case of a Borrowing comprising Eurodollar Rate Term Benchmark 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, and (E) the identity of the Borrower requesting such Borrowing. Each The Borrower may request that more than one Borrowing be made on any date. Each Lender shall, before 1:00 p.m. (New York time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02, in same day funds, such Lender’s Percentage of such Borrowing. 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 such the Borrower at the Administrative Agent’s aforesaid address.

Appears in 1 contract

Samples: Credit Agreement (Firstenergy Corp)

Making the Advances. (a) Each Borrowing shall be made on notice, given (i) in the case of a Borrowing comprising Eurodollar Rate Advances, not later than 11:00 a.m. A.M. (New York City time) on the third Business Day prior to the date of the proposed Borrowing, and (ii) Borrowing in the case of a Borrowing comprising Alternate Base consisting of Eurodollar Rate Advances, not later than 11:00 a.m. (New York time) on or the first Business Day prior to the date of the proposed BorrowingBorrowing in the case of a Borrowing consisting of Base Rate Advances, by any the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereofthereof by telex or telecopier. Each such notice of a Borrowing (a “Notice of Borrowing by any Borrower Borrowing”) shall be by email telephone, confirmed immediately in writing, or any other electronic manner reasonably acceptable to the Administrative Agenttelex or telecopier, in substantially the form of Exhibit C B hereto, specifying therein the requested (Ai) date of such Borrowing, (Bii) Type of Advances to be made in connection with comprising such Borrowing, (Ciii) aggregate amount of such Borrowing, Borrowing and (Div) in the case of a Borrowing comprising consisting of 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, and (E) the identity of the Borrower requesting such Borrowing. Each Borrower may request that more than one Borrowing be made on any date. Each Lender shall, before 1:00 p.m. 11:00 A.M. (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 its address referred to in Section 8.02the Administrative Agent’s Account, in same day funds, such Lender’s Percentage ratable portion of such BorrowingBorrowing in accordance with the respective Commitments of such Lender and the other 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 or such other account as the Borrower at the Administrative Agent’s aforesaid addressshall request.

Appears in 1 contract

Samples: Term Facility Credit and Guaranty Agreement (Dana Holding Corp)

Making the Advances. (a) Each Except as otherwise provided in Section 2.02(b) or 2.03 or in respect of any Borrowing requested to be made on the date of the Initial Extension of Credit, in which case notice will be given not later than one Business Day prior to the date of the Initial Extension of Credit and which Borrowing shall be comprised of Base Rate Advances, each Borrowing (other than a Swing Line Borrowing) shall be made on notice, given (i) in the case of a Borrowing comprising Eurodollar Rate Advances, not later than 11:00 a.m. 2:00 P.M. (New York Charlotte, North Carolina time) on the third Business Day prior to the date of the proposed Borrowing, and (ii) Borrowing in the case of a Borrowing comprising Alternate Base comprised of Eurodollar Rate Advances, not later than 11:00 a.m. (New York time) or on the first Business Day prior to the date of the proposed BorrowingBorrowing in the case of a Borrowing comprised of Base Rate Advances, by any the Borrower to the Administrative Agent, which shall give prompt notice thereof to each Appropriate Lender prompt notice thereofby telecopier. Each such notice of a Borrowing (a "Notice of Borrowing by any Borrower Borrowing") shall be by email telephone, confirmed immediately in writing, or any other electronic manner reasonably acceptable to the Administrative Agentby telecopier, in substantially the form of Exhibit C B-1 hereto, specifying therein shall be duly executed by a Responsible Officer of the Borrower, and shall specify therein: (i) the requested (A) date of such Borrowing, Borrowing (Bwhich shall be a Business Day); (ii) the Facility under which such Borrowing is requested to be made; (iii) the Type of Advances requested to be made in connection with comprise such Borrowing, ; (Civ) the requested aggregate amount of such Borrowing, ; and (Dv) in the case of a Borrowing comprising comprised of Eurodollar Rate Advances, the requested duration of 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, and (E) the identity of the Borrower requesting such Borrowing. Each Borrower may request that more than one Borrowing be made on any date. Each Appropriate Lender shall, before 1:00 p.m. 2:00 P.M. (New York Charlotte, North Carolina time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02the Administrative Agent's Account, in same day funds, such Lender’s Percentage 's Pro Rata Share of such 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 such the Borrower at by crediting the Borrower's Account; provided, however, that, in the case of any Revolving Credit Borrowing, the Administrative Agent’s aforesaid addressAgent shall first make a portion of such funds equal to the aggregate principal amount of any Swing Line Advances and Letter of Credit Advances made by the Swing Line Bank or the Issuing Bank, as the case may be, and by any Revolving Credit Lender and outstanding on the date of such Revolving Credit Borrowing, plus accrued and unpaid interest thereon to and as of such date, available to the Swing Line Bank or the Issuing Bank, as applicable, and such other Revolving Credit Lenders for repayment of such Swing Line Advances and Letter of Credit Advances.

Appears in 1 contract

Samples: Credit Agreement (Tri City Dialysis Center Inc)

Making the Advances. (a) Each Borrowing shall be made on notice, given (i) in the case of a Borrowing comprising Eurodollar Rate Advances, not later than 11:00 a.m. 12:00 noon (New York City time) on the third second Business Day prior to the date of a proposed Borrowing by the proposed Borrowing, and (ii) in the case of a Borrowing comprising Alternate Base Rate Advances, not later than 11:00 a.m. (New York time) on the date of the proposed Borrowing, by any Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereofthereof by electronic mail. Each such notice of a Borrowing (a “Notice of Borrowing by any Borrower Borrowing”) shall be by email electronic mail or any other telephone, confirmed immediately in writing by hand delivery or electronic manner reasonably acceptable to the Administrative Agentmail, in substantially the form of Exhibit C 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 (Ai) date of such Borrowing, (B) Type of Advances to be made in connection with such Borrowing, (Cii) aggregate amount of such Borrowing, (D) in the case of a Borrowing 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, and (Eiii) the identity of the Borrower requesting wire transfer instructions with respect to such Borrowing. Each Borrower may request that more than one Borrowing be made on any date. Each Lender shall, before 1:00 p.m. 11:00 A.M. (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 its applicable address referred to in Section 8.029.02, in same day funds, such Lender’s Percentage ratable portion of such Borrowing. 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 such the Borrower at in like funds as received by the Administrative Agent’s aforesaid addressAgent 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.

Appears in 1 contract

Samples: Term Loan Credit Agreement (DXC Technology Co)

Making the Advances. (a) Each Borrowing shall be made on notice, given not later than 11:00 A.M. (i) in the case of a proposed Borrowing comprising comprised of Eurodollar Rate Advances, not later than 11:00 a.m. (New York time) on the third at least three Business Day Days prior to the date of the proposed Borrowing, and (ii) in the case of a proposed Borrowing comprising Alternate comprised of Base Rate Advances, not later than 11:00 a.m. (New York time) on the date day of the proposed Borrowing, by any the Borrower to the Administrative Agent, which shall give to each Lender Bank prompt notice thereofthereof by telecopy. Each such notice of a Borrowing (a "Notice of Borrowing by any Borrower Borrowing") shall be by email or any other electronic manner reasonably acceptable to the Administrative Agenttelecopy, confirmed immediately in writing, in substantially the form of Exhibit C heretoB, duly signed by a Responsible Officer, specifying therein the requested (A) date of such Borrowing, (B) Type of Advances to be made in connection with comprising such Borrowing, (C) aggregate amount of such Borrowing, and (D) in the case of a Borrowing comprising comprised of Eurodollar Rate Advances, the initial Interest Period for each such Advance, which provided that the Borrower may not specify Eurodollar Advances for any Borrowing if, after giving effect to such Borrowing, Eurodollar Advances having more than ten (10) different Interest Periods shall be subject to outstanding. In the limitations stated in case of a proposed Borrowing comprised of Eurodollar Advances, the definition of “Interest Period” in Section 1.01, Administrative Agent shall promptly notify each Bank and (E) the identity Borrower of the Borrower requesting such Borrowingapplicable interest rate under Section 2.5(b). Each Borrower may request that more than one Borrowing be made on any date. Each Lender Bank shall, before 11:00 A.M. (1:00 p.m. (New York timeP.M. in the case of a Borrowing comprised 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 its address referred to in Section 8.02Payment Office, in same day funds, such Lender’s Percentage Bank's ratable portion of such 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 such the Borrower at the Administrative Agent’s 's aforesaid address. The Borrower may make no more than twelve Borrowings.

Appears in 1 contract

Samples: Senior Term Loan Agreement (Eog Resources Inc)

Making the Advances. (a) Each Except as otherwise provided in Section 2.02(c) or 2.03, each Borrowing shall be made on notice, given (i) in by the case of a Borrowing comprising Eurodollar Rate Advances, Borrower not later than 11:00 a.m. 12:00 noon (New York City time) on the third Business Day prior to the date of the proposed Borrowing, and (ii) Borrowing in the case of a Borrowing comprising Alternate Base consisting of Eurodollar Rate Advances, not later than 11:00 a.m. (New York time) or on the date of the proposed BorrowingBorrowing in the case of a Borrowing consisting of Base Rate Advances, by any Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereofthereof by telecopier or electronic mail. Each such notice of a Borrowing (a "Notice of Borrowing by any Borrower Borrowing") shall be by email telephone, confirmed immediately in writing, or any other telecopier or electronic manner reasonably acceptable to the Administrative Agentmail, in substantially the form of Exhibit C heretoB, specifying therein the requested (Ai) date of such Borrowing, (Bii) Type of Advances to be made in connection with comprising such Borrowing, (Ciii) aggregate amount of such Borrowing, Borrowing and (Div) in the case of a Borrowing comprising consisting of 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, and (E) the identity of the Borrower requesting such Borrowing. Each Borrower may request that more than one Borrowing be made on any date. Each Lender shall, before 1:00 p.m. 12:00 noon (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 its address referred to in Section 8.02the Administrative Agent's Account, in same day immediately available funds, such Lender’s Percentage 's ratable portion of such BorrowingBorrowing in accordance with the respective Commitment of such Lender under the applicable Facility 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 shall (x) with respect to the Initial Borrowing, directly apply (1) the Revolving Advances (or such portion thereof as may be specified in writing to the Administrative Agent by the Borrower) to the repayment of the Existing Debt, and (2) the Term Advances to the repayment of the Existing Debt and (y) with respect to subsequent Revolving Borrowings, make such funds available to such Borrower at the Borrower, by crediting the Borrowing Account; provided, however, that, in the case of any subsequent Revolving Borrowing, the Administrative Agent’s aforesaid addressAgent shall first make a portion of such funds equal to the aggregate principal amount of any Swing Line Advances and L/C Borrowing made by the Swing Line Bank or any Issuing Bank and by any other Revolving Lender, as the case may be, and outstanding on the date of such Revolving Borrowing, plus interest accrued and unpaid thereon to and as of such date, available to the Swing Line Bank or such Issuing Bank or such other Revolving Lender, as the case may be, for repayment of such Swing Line Advances and L/C Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Allegheny Energy, Inc)

Making the Advances. (a) Each Borrowing shall be made on notice, given (i) in the case of a Borrowing comprising Eurodollar Rate Advances, not later than 11:00 a.m. (New York x) 12:00 noon (Detroit time) on the Business Day that is the date of a proposed Borrowing consisting of Base Rate Advances and (y) 12:00 noon (Detroit time) on the third Business Day prior to the date of the a proposed Borrowing, and (ii) in the case Borrowing consisting of a Borrowing comprising Alternate Base Eurodollar Rate Advances, not later than 11:00 a.m. (New York time) on by the date of the proposed Borrowing, by any Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereofthereof by telecopier, telex or cable. Each such notice of borrowing (a "Notice of Borrowing by any Borrower Borrowing") shall be by email telephone (confirmed in writing) or any other electronic manner reasonably acceptable to the Administrative Agentby telecopier, telex or cable, confirmed immediately in writing, in substantially the form of Exhibit C EXHIBIT D hereto, specifying therein the requested (Ai) date of such Borrowing, (Bii) Type of Advances to be made in connection with comprising such Borrowing, (Ciii) aggregate amount of such Borrowing, and (Div) in the case of a Borrowing comprising comprised of Eurodollar Rate Advances, the initial Interest Period for each such Advance. The Borrower may, which Borrowing shall be subject to the limitations stated in the definition of “Interest Period” in Section 1.01conditions herein provided, and (E) the identity of the Borrower requesting such Borrowing. Each Borrower may request that borrow more than one Borrowing be made on any dateBusiness Day. Each Lender shall, before 1:00 p.m. 12:00 noon (New York Detroit time) or, in the case of a Base Rate Advance as to which the Borrower delivers Notice of Borrowing on the date of such Borrowing, 2:00 P.M. (Detroit time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02, in same day funds, such Lender’s Percentage 's ratable portion of such 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 such the Borrower at the Administrative Agent’s 's aforesaid address.

Appears in 1 contract

Samples: Credit Agreement (McIi Holdings Usa Inc)

Making the Advances. (a) Each Except as otherwise provided in Section 2.02(b) or Section 2.03, each Borrowing shall be made on notice, given (i) in the case of a Borrowing comprising Eurodollar Rate Advances, not later than 11:00 a.m. 12:00 Noon (New York City time) on the third Business Day prior to the date of the proposed Borrowing, and (ii) Borrowing in the case of a Borrowing comprising Alternate Base Rate consisting of Eurodollar RateAdjusted Term SOFR Advances, or not later than 11:00 a.m. A.M. (New York City time) on the date of the proposed BorrowingBorrowing in the case of a Borrowing consisting of Base Rate Advances, by any the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereofthereof by telecopier or e-mail. Each such notice of a Borrowing (a “Notice of Borrowing by any Borrower Borrowing”) shall be by email telecopier or any other electronic manner reasonably acceptable to the Administrative Agente‑mail, in each case in substantially the form of Exhibit C B hereto, specifying therein the requested (Ai) date of such Borrowing, (Bii) Type of Advances to be made in connection with comprising such Borrowing, (Ciii) aggregate amount of such Borrowing, (Div) the Facility with respect to which such Borrowing relates and (v) in the case of a Borrowing comprising consisting of Eurodollar Rate RateAdjusted Term SOFR 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, and (E) the identity of the Borrower requesting such Borrowing. Each Borrower may request that more than one Borrowing be made on any date. Each Lender shall, before 1:00 p.m. 12:00 Noon (New York City time) on the date of such BorrowingBorrowing in the case of a Borrowing consisting of Eurodollar RateAdjusted Term SOFR Advances and 1:00 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 its address referred to in Section 8.02the Administrative Agent’s Account, in same day funds, such LenderXxxxxx’s Percentage ratable portion of such BorrowingBorrowing in accordance with the respective Commitments of such Lender and the other 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 such the Borrower at by crediting the Borrower’s Account; provided, however, that the Administrative Agent’s aforesaid addressAgent shall first make a portion of such funds equal to the aggregate principal amount of any Letter of Credit Advances made by any Issuing Bank, and 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 such Issuing Bank, and such other Lenders for repayment of such Letter of Credit Advances.

Appears in 1 contract

Samples: Credit Agreement (Easterly Government Properties, Inc.)

Making the Advances. (a) Each Borrowing shall be made on notice, given not later than 11:00 A.M. (i) in the case of a proposed Borrowing comprising comprised of Eurodollar Rate Advances, not later than 11:00 a.m. (New York time) on the third at least three Business Day Days prior to the date of the proposed Borrowing, and (ii) in the case of a proposed Borrowing comprising Alternate comprised of Base Rate Advances, not later than 11:00 a.m. (New York time) on the date day of the proposed Borrowing, by any the Borrower to the Administrative Agent, which shall give to each Lender Bank prompt notice thereofthereof by telecopy. Each such notice of a Borrowing (a “Notice of Borrowing by any Borrower Borrowing”) shall be by email or any other electronic manner reasonably acceptable to the Administrative Agenttelecopy, confirmed immediately in writing, in substantially the form of Exhibit C heretoB, duly signed by a Responsible Officer, specifying therein the requested (A) date of such Borrowing, (B) Type of Advances to be made in connection with comprising such Borrowing, (C) aggregate amount of such Borrowing, and (D) in the case of a Borrowing comprising comprised of Eurodollar Rate Advances, the initial Interest Period for each such Advance, which provided that the Borrower may not specify Eurodollar Advances for any Borrowing if, after giving effect to such Borrowing, Eurodollar Advances having more than twenty (20) different Interest Periods shall be subject to outstanding. In the limitations stated in case of a proposed Borrowing comprised of Eurodollar Advances, the definition of “Interest Period” in Section 1.01, Administrative Agent shall promptly notify each Bank and (E) the identity Borrower of the Borrower requesting such Borrowingapplicable interest rate under Section 2.5(b). Each Borrower may request that more than one Borrowing be made on any date. Each Lender Bank shall, before 11:00 A.M. (1:00 p.m. (New York timeP.M. in the case of a Borrowing comprised 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 its address referred to in Section 8.02Payment Office, in same day funds, such LenderBank’s Percentage ratable portion of such Borrowing. 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 such the Borrower at the Administrative Agent’s aforesaid address.

Appears in 1 contract

Samples: Revolving Credit Agreement (Eog Resources Inc)

Making the Advances. (a) Each Borrowing shall be made on notice, given (i) in the case of a Borrowing comprising Eurodollar Rate Advances, not later than 11:00 a.m. 2:00 P.M. (New York City time) on the third Business Day prior to the date of the proposed Borrowing, and (ii) Borrowing in the case of a Borrowing comprising Alternate Base consisting of Eurodollar Rate Advances, or not later than 11:00 a.m. A.M. (New York City time) on the date of the proposed BorrowingBorrowing in the case of a Borrowing consisting of Base Rate Advances, by any the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereofthereof by telecopier or email. Each such notice of a Borrowing (a “Notice of Borrowing by any Borrower Borrowing”) shall be by email telecopier or any other electronic manner reasonably acceptable to the Administrative Agente-mail, in each case in substantially the form of Exhibit C B hereto, specifying therein the requested (Ai) date of such Borrowing, (Bii) Type of Advances to be made in connection with comprising such Borrowing, (Ciii) aggregate amount of such Borrowing, and (Div) in the case of a Borrowing comprising consisting of 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, and (E) the identity of the Borrower requesting such Borrowing. Each Borrower may request that more than one Borrowing be made on any date. Each Lender shall, before 1:00 p.m. 12:00 Noon (New York City time) on the date of such BorrowingBorrowing in the case of a Borrowing consisting of Eurodollar Rate Advances and 1:00 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 its address referred to in Section 8.02the Administrative Agent’s Account, in same day funds, such Lender’s Percentage ratable portion of such BorrowingBorrowing in accordance with the respective Commitments of such Lender and the other 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 such the Borrower at by crediting the Administrative AgentBorrower’s aforesaid addressAccount.

Appears in 1 contract

Samples: Term Loan Agreement (Hersha Hospitality Trust)

Making the Advances. (a) Each Borrowing shall be made on notice, given (i) (x) in the case of a Borrowing comprising Eurodollar Rate RateTerm Benchmark Advances, not later than 11:00 a.m. (New York time) on the third U.S. Government Securities Business Day prior to the date of the 753191124 proposed Borrowing, or (y) in the case of an RFR Borrowing, if applicable, not later than 11:00 a.m. (New York time) on the fifth U.S. Government Securities Business Day prior to the date of the proposed Borrowing, and (ii) in the case of a Borrowing comprising Alternate Base Rate Advances, not later than 11:00 a.m. (New York time) on the date of the proposed Borrowing, by any Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof. Each such Notice of Borrowing by any Borrower shall be by email or any other electronic manner reasonably acceptable to the Administrative Agent, in substantially the form of Exhibit C hereto, specifying therein the requested (A) date of such Borrowing, (B) Type of Advances to be made in connection with such Borrowing, (C) aggregate amount of such Borrowing, (D) in the case of a Borrowing comprising Eurodollar Rate RateTerm Benchmark 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, and (E) the identity of the Borrower requesting such Borrowing. Each Borrower may request that more than one Borrowing be made on any date. Each Lender shall, before 1:00 p.m. (New York time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02, in same day funds, such Lender’s Percentage of such Borrowing. 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 such Borrower at the Administrative Agent’s aforesaid address.

Appears in 1 contract

Samples: Credit Agreement (Firstenergy Corp)

Making the Advances. (a) Each Borrowing shall be made on notice, given not later than 11:00 A.M. (i) in the case of a proposed Borrowing comprising comprised of Eurodollar Rate Advances, not later than 11:00 a.m. (New York time) on the third at least three Business Day Days prior to the date of the proposed Borrowing, and (ii) in the case of a proposed Borrowing comprising Alternate comprised of Base Rate Advances, not later than 11:00 a.m. (New York time) on the date day of the proposed Borrowing, by any the Borrower to the Administrative Agent, which shall give to each Lender Bank prompt notice thereofthereof by telecopy. Each such notice of a Borrowing (a "Notice of Borrowing by any Borrower Borrowing") shall be by email or any other electronic manner reasonably acceptable to the Administrative Agenttelecopy, confirmed immediately in writing, in substantially the form of Exhibit C heretoB, duly signed by a Responsible Officer, specifying therein the requested (A) date of such Borrowing, (B) Type of Advances to be made in connection with comprising such Borrowing, (C) aggregate amount of such Borrowing, and (D) in the case of a Borrowing comprising comprised of Eurodollar Rate Advances, the initial Interest Period for each such Advance, which provided that the Borrower may not specify Eurodollar Advances for any Borrowing if, after giving effect to such Borrowing, Eurodollar Advances having more than ten (10) different Interest Periods shall be subject to outstanding. In the limitations stated in case of a proposed Borrowing comprised of Eurodollar Advances, the definition of “Interest Period” in Section 1.01, Administrative Agent shall promptly notify each Bank and (E) the identity Borrower of the Borrower requesting such Borrowingapplicable interest rate under Section 2.5(b). Each Borrower may request that more than one Borrowing be made on any date. Each Lender Bank shall, before 11:00 A.M. (1:00 p.m. (New York timeP.M. in the case of a Borrowing comprised 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 its address referred to in Section 8.02Payment Office, in same day funds, such Lender’s Percentage Bank's ratable portion of such 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 such the Borrower at the Administrative Agent’s 's aforesaid address. Each Notice of Borrowing shall be irrevocable and binding on the Borrower. In the case of any Borrowing which the related Notice of Borrowing specifies is to be comprised of Eurodollar Advances, the Borrower shall, subject to Section 8.8, indemnify each Bank against any loss, cost or expense incurred by such Bank as a result of any failure to fulfill on or before the date specified in such Notice of Borrowing for such Borrowing the applicable conditions set forth in Article III or to make the Borrowing specified in such Notice of Borrowing on the date specified, including any loss (excluding loss of anticipated profits), cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by such Bank to fund the Advance to be made by such Bank as part of such Borrowing when such Advance, as a result of such failure, is not made on such date. Unless the Administrative Agent shall have received notice from a Bank prior to the time it is required to make available its ratable portion of any Borrowing that such Bank will not make available to the Administrative Agent such Bank's ratable portion of such Borrowing, the Administrative Agent may assume that such Bank has made such portion available to the Administrative Agent on the date of such Borrowing in accordance with subsection (a) of this Section 2.2 and the Administrative Agent may, in reliance upon such assumption, make available to the Borrower on such date a corresponding amount. If and to the extent that such Bank shall not have so made such ratable portion available to the Administrative Agent, such Bank and the Borrower severally agree to repay to the Administrative Agent forthwith on demand such corresponding amount together with interest thereon, for each day from the date such amount is made available to the Borrower until the date such amount is repaid to the Administrative Agent, at (i) in the case of the Borrower, the interest rate applicable at the time to Advances comprising such Borrowing and (ii) in the case of such Bank, the Federal Funds Rate. If such Bank shall repay to the Administrative Agent such corresponding amount, such amount so repaid shall constitute such Bank's Advance as part of such Borrowing for purposes of this Agreement. The failure of any Bank to make the Advance to be made by it as part of any Borrowing shall not relieve any other Bank of its obligation, if any, hereunder to make its Advance on the date of such Borrowing, but no Bank shall be responsible for the failure of any other Bank to make the Advance to be made by such other Bank on the date of any Borrowing.

Appears in 1 contract

Samples: Revolving Credit Agreement (Eog Resources Inc)

Making the Advances. (a) Each Borrowing shall be made on notice, given not later than 11:00 A.M. (i) in the case of a proposed Borrowing comprising comprised of Eurodollar Rate Advances, not later than 11:00 a.m. (New York time) on the third at least three Business Day Days prior to the date of the proposed Borrowing, and (ii) in the case of a proposed Borrowing comprising Alternate comprised of Base Rate Advances, not later than 11:00 a.m. (New York time) on the date day of the proposed Borrowing, by any the Borrower to the Administrative Agent, which shall give to each Lender Bank prompt notice thereofthereof by telecopy. Each such notice of a Borrowing (a “Notice of Borrowing by any Borrower Borrowing”) shall be by email or any other electronic manner reasonably acceptable to the Administrative Agenttelecopy, confirmed immediately in writing, in substantially the form of Exhibit C heretoB, duly signed by a Responsible Officer, specifying therein the requested (A) date of such Borrowing, (B) Type of Advances to be made in connection with comprising such Borrowing, (C) aggregate amount of such Borrowing, and (D) in the case of a Borrowing comprising comprised of Eurodollar Rate Advances, the initial Interest Period for each such Advance, which provided that the Borrower may not specify Eurodollar Advances for any Borrowing if, after giving effect to such Borrowing, Eurodollar Advances having more than ten (10) different Interest Periods shall be subject to outstanding. In the limitations stated in case of a proposed Borrowing comprised of Eurodollar Advances, the definition of “Interest Period” in Section 1.01, Administrative Agent shall promptly notify each Bank and (E) the identity Borrower of the Borrower requesting such Borrowingapplicable interest rate under Section 2.5(b). Each Borrower may request that more than one Borrowing be made on any date. Each Lender Bank shall, before 11:00 A.M. (1:00 p.m. (New York timeP.M. in the case of a Borrowing comprised 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 its address referred to in Section 8.02Payment Office, in same day funds, such LenderBank’s Percentage ratable portion of such Borrowing. 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 such the Borrower at the Administrative Agent’s aforesaid address.

Appears in 1 contract

Samples: Revolving Credit Agreement (Eog Resources Inc)

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