Making the Borrowings Clause Samples

Making the Borrowings. (a) All Loans to be made as part of each Borrowing shall consist of Loans of the same Type and Interest Period. Except as otherwise specifically provided herein, each Borrowing shall solely consist of LIBO Rate Loans. (b) Not later than the tenth (10th) day prior to the date of any proposed Borrowing (or such later date agreed to by the Facility Administrative Agent in its sole discretion), the Borrower shall deliver a Notice of Funding to the Facility Administrative Agent and the Independent Engineer accompanied by the documents specified in the Notice of Funding and specifying therein (i) the requested date of such Borrowing and (ii) the aggregate amount of such proposed Borrowing, including the amount of any proposed Construction Loan and the amount of any proposed Contingency Loan. The Borrower shall be entitled to request only one Borrowing during any calendar month; provided, however, that in any calendar month in which any interest or Fee is due and payable pursuant to Section 2.08(a) or Section 3.05, as applicable, the Borrower shall be entitled to request additional Borrowings (with each such Borrowing limited to the amount of, and for the purposes of paying, such interest and Fees due and payable pursuant to Section 2.08(a) or Section 3.05, as applicable, and any Taxes payable with respect to such interest and Fees) or with the prior written consent of the Facility Administrative Agent, which may be granted or withheld in its sole discretion. Each Notice of Funding shall be irrevocable and binding on the Borrower. (c) In connection with each proposed Borrowing (other than any Borrowing limited to the amount of, and for the purposes of paying, interest and Fees due and payable pursuant to Section 2.08(a) or Section 3.05(a), as applicable, and any Taxes payable with respect to such interest and Fees), the Borrower shall deliver a further notice (an "Interest Rate Notice") to the Facility Administrative Agent in substantially the form of Exhibit 2.04(c) hereto, specifying the requested Interest Period for each such Loan (and, subject to Section 2.04(a), the type of such Loans). Each Interest Rate Notice shall be given by the Borrower to the Facility Administrative Agent not later than 11:00 a.m. (New York City time) on the third Business Day prior to the date of the proposed Borrowing. The Facility Administrative Agent shall give each Lender notice of each Interest Rate Notice within one (1) Business Day after the receipt thereof by the Facility Adm...