Making the Term Loans. (a) The Administrative Borrower shall give the Administrative Agent prior written notice (in substantially the form of Exhibit C hereto (a “Notice of Borrowing”)), not later than 12:00 noon (New York City time) on the date which is (x) 1 Business Day prior to the date of the proposed Initial Term Loan (or such shorter period as the Administrative Agent is willing to accommodate from time to time, but in no event later than 12:00 noon (New York City time) on the borrowing date of the proposed Term Loan) and (y) on the date which is 15 Business Days prior to the date of the proposed Delayed Draw Term Loan (or such shorter period as the Administrative Agent is willing, in its sole discretion, to accommodate from time to time). Such Notice of Borrowing shall be irrevocable and shall specify (i) the principal amount of the proposed Term Loan, (ii) whether such Term Loan requested is the Initial Term Loan or a Delayed Draw Term Loan, (iii) whether such Term Loan is requested to be a Base Rate Loan or a SOFR Loan and, in the case of a SOFR Loan, the Interest Period with respect thereto, (iv) the use of the proceeds of such proposed Term Loan, (v) the proposed borrowing date, which must be a Business Day, and, with respect to the Initial Term Loan, must be the Effective Date, and (vi) the wiring instructions for the dispersal of such Term Loan. The Administrative Agent and the Lenders may act without liability upon the basis of written notice believed by the Administrative Agent in good faith to be from the Administrative Borrower (or from any Authorized Officer thereof designated in writing purportedly from the Administrative Borrower to the Administrative Agent). The Administrative Agent and each Lender shall be entitled to rely conclusively on any Authorized Officer’s authority to request a Term Loan on behalf of the Borrowers until the Administrative Agent receives written notice to the contrary. The Administrative Agent and the Lenders shall have no duty to verify the authenticity of the signature appearing on any written Notice of Borrowing.
Making the Term Loans. (i) (A) Each Term Loan Borrowing shall be made on notice, given not later than 11:00 A.M. Local Time, (x) in the case of Eurodollar Rate Advances, on the third Business Day prior to the date of the proposed Borrowing or (y) in the case of Base Rate Advances, on the day of the proposed Borrowing, by the Borrower to the Administrative Agent, which shall give to each appropriate Lender prompt notice thereof by telecopier. Each such notice of a Term Loan Borrowing (a “Notice of Borrowing”) shall be by telephone, confirmed immediately in writing, in substantially the form of Exhibit B hereto, specifying therein the requested (I) date of such Term Loan Borrowing, (II) Type of Advances comprising such Term Loan Borrowing, (III) aggregate amount of such Term Loan Borrowing, (IV) [reserved] and (V) in the case of a Eurodollar Rate Advance, the Interest Period for each such Term Loan Borrowing. Each Lender shall, before 1:00 P.M. (Local Time) on the date of such Term Loan Borrowing make available for the account of its Applicable Lending Office to the Administrative Agent, in the Administrative Agent’s Account, in same day funds, such Lender’s ratable portion of such Term Loan 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, as applicable, will make such funds available to the Borrower at the Administrative Agent’s address set forth on Schedule 10.02.
Making the Term Loans. Each Lender severally agrees to make, on the Closing Date, a term loan to the Borrower in an amount equal to such Lender's Term Loan Commitment (each individually a "Term Loan" and, collectively, the "Term Loans"). All Term Loans shall be made by the Lenders on the Closing Date simultaneously, it being understood that no Lender shall be responsible for any failure by any other Lender to perform its obligation to make any Term Loan hereunder nor shall the Term Loan Commitment of any Lender be increased or decreased as a result of any such failure.
Making the Term Loans. With respect to the making of Term Loans:
Making the Term Loans. (i) The Administrative Agent promptly shall notify each Term Lender of the amount of Term Loans requested by the Borrower. Each Term Lender shall deposit into an account specified by the Administrative Agent an amount equal to its Pro Rata Share of the Term Loan Commitments, in immediately available funds, not later than 1:00 p.m., New York City time, on the Closing Date. Subject to the satisfaction of the conditions precedent set forth in Article IV, the Administrative Agent shall make the proceeds of the Term Loans received by it available to the Borrower on the Closing Date.
Making the Term Loans. The Lender has made or will on the Funding Date make Term Loans to the Borrowers in the form of (a) the Initial Term Loan made under the Amended Loan Agreement in the original principal amount of $16,100,000 disbursed to Mountaineer in the amounts of $5,000,000 on July 3, 1996 and $11,100,000 on December 26, 1996, (b) the Reno Loan in the original principal amount of $8,000,000 disbursed to Speakeasy Reno on the Funding Date, and (c) the Cheyenne Term Loan in the original principal amount of $3,765,000 disbursed to Speakeasy Vegas on the Funding Date. The Term Loans shall continue to be outstanding until the Termination Date. The amount of the Term Loans may be increased to provide for the funding and payment of the Lender's fees and costs incurred in connection herewith, together with interest due thereon, which are unpaid as of the Termination Date and which accrue thereafter. The books and records of the Lender shall be presumptive evidence of the amount of Obligations under the Term Loans outstanding from time to time, whether in excess of the principal amount of the Term Note or otherwise, absent manifest error.
Making the Term Loans. Promptly after receipt by the Administrative Agent of a Loan Request pursuant to Section 3.1 [Term Loan Commitments], the Administrative Agent shall notify the Term Loan Lenders of the Borrowing Date for the Term Loans. Each Term Loan Lender shall remit the principal amount of its Term Loan (which shall be equal to its Applicable Term Loan Percentage of the aggregate Term Loans requested, not to exceed its Term Loan Commitment) to the Administrative Agent such that the Administrative Agent is able to, and the Administrative Agent shall, to the extent the Term Loan Lenders have made funds available to it for such purpose fund the Term Loans to the Borrowers in U.S. Dollars and immediately available funds at the Administrative Agent’s Office prior to 9:00 a.m, New York time, on the Closing Date, provided that if any Term Loan Lender fails to remit such funds to the Administrative Agent in a timely manner, the Administrative Agent may elect, in its sole discretion, to fund with its own funds the Term Loan of such Term Loan Lender on such Closing Date, and such Term Loan Lender shall be subject to the repayment obligation in Section 3.2(b) [Presumptions by the Administrative Agent].
Making the Term Loans. (i) Promptly after receipt of a request for a Borrowing pursuant to Section 2.4(b), Agent shall notify the Lenders, not later than 1:00 p.m. (California time) on the Business Day immediately preceding the Funding Date applicable thereto, by telecopy, telephone, or other similar form of transmission, of the requested Borrowing. Each Lender shall make the amount of such Lender's Pro Rata Share of the requested Borrowing available to Agent in same day funds, to such account of Agent as Agent may designate, not later than 10:00 a.m. (California time) on the Funding Date applicable thereto. After Agent's receipt of the proceeds of the Term Loans, upon satisfaction of the applicable conditions precedent set forth in Section 3 hereof, Agent shall make the proceeds of the Term Loans available to Borrowers on the applicable Funding Date by transferring same day funds equal to the proceeds of the Term Loans received by Agent to the Borrowers' Designated Account; provided, however, that Agent shall not request any Lender to make, and no Lender shall have the obligation to make, the Term Loans if Agent shall have received written notice from any Lender, or otherwise has actual knowledge, that one or more of the applicable conditions set forth in Section 3 will not be satisfied on the requested Funding Date for the Borrowing.
Making the Term Loans. (i) The Borrower may borrow under the Term Commitments on any Business Day, PROVIDED that the Borrower shall give the Agent irrevocable notice (which notice must be received by the Agent prior to 10:00 A.M., San Francisco time) one (1) Business Day prior to the requested Borrowing date, specifying (A) the amount of the proposed Borrowing, and (B) the requested date of the Borrowing. Promptly following receipt of such notice, the Agent shall notify each Lender of the date of the Loan, and the amount of that Lender's pro rata share of the Loan. Not later than 1:00 P.M., San Francisco time, on the date specified for any Loan, each Lender shall deposit immediately available funds in the amount of its pro rata share of the Loan to the account of the Agent set forth on the signature pages hereof. Upon satisfaction of the applicable conditions set forth in Article IV, the Agent will make available the proceeds of all such Loans to the Borrower by crediting the account of the Borrower on the books of the Agent, or as otherwise directed by the Borrower.
Making the Term Loans. Promptly after receipt by the Agent of a Loan Request pursuant to Section 3.2 [Term Loan Request], the Agent shall notify the Lenders of the Borrowing Date for the Term Loans. Each Lender shall remit the principal amount of its Term Loan (which shall be equal to its Ratable Share of the aggregate Term Loans requested, not to exceed its Term Loan Commitment) to the Agent such that the Agent is able to, and the Agent shall, to the extent the Lenders have made funds available to it for such purpose fund the Term Loans to the Borrower in U.S. Dollars and immediately available funds at the Principal Office prior to 2:00 p.m, Pittsburgh time, on the Borrowing Date, provided that if any Lender fails to remit such funds to the Agent in a timely manner, the Agent may elect in its sole discretion to fund with its own funds the Term Loan of such Lender on such Borrowing Date, and such Lender shall be subject to the repayment obligation in Section 10.13 [Availability of Funds].
