Manner of Borrowing. (a) The Borrower shall give the Administrative Agent notice (which shall be irrevocable) no later than 11:00 a.m. on, in the case of Base Rate Loans, the requested date for the making of such Loans, and, in the case of Eurodollar Rate Loans, the third Eurodollar Business Day, before the requested date for the making of such Loans. Each such notice shall be in the form of Schedule 1.02 and shall specify (i) the requested date for the making of the requested Loans, which shall be, in the case of Base Rate Loans, a Business Day and, in the case of Eurodollar Rate Loans, a Eurodollar Business Day, (ii) the Type or Types of Loans requested and (iii) the amount of each such Type of Loan, the aggregate of which amounts for all Types of Loans requested shall be not less than the lesser of (x) $2,500,000 and integral multiples of $500,000 in excess thereof and (y) the aggregate amount of the unused Commitments. Upon receipt of any such notice, the Administrative Agent shall promptly notify each Bank of the contents thereof and of the amount and Type of each Loan to be made by such Bank on the requested date specified therein. (b) Not later than 1:00 p.m. on each requested date for the making of Loans, each Bank shall, if it has received the notice contemplated by Section 1.02 (a) in a timely fashion, make available to the Administrative Agent, in Dollars in funds immediately available to the Administrative Agent at the Administrative Agent's Office, the Loans to be made by such Bank on such date. Any Bank's failure to make any Loan to be made by it on the requested date therefor shall not relieve any other Bank of its obligation to make any Loan to be made by such other Bank on such date, but such other Bank shall not be liable for such failure. (c) If a Bank shall have received notice of the making of Loans in accordance with Section 1.02(a) hereof, then unless the Administrative Agent shall have received notice from a Bank prior to 1:00 p.m. on the requested date for the making of any Loans that such Bank will not make available to the Administrative Agent the Loans requested to be made by such Bank on such date, the Administrative Agent may assume that such Bank has made such Loans available to the Administrative Agent on such date in accordance with Section 1.02(b) and the Administrative Agent in its sole discretion may, in reliance upon such assumption, make available to the Borrower on such date a corresponding amount on behalf of such Bank. If and to the extent such Bank shall not have so made available to the Administrative Agent the Loans requested to be made by such Bank on such date and the Administrative Agent shall have so made available to the Borrower a corresponding amount on behalf of such Bank, such Bank shall, on demand, pay to the Administrative Agent such corresponding amount together with interest thereon, for each day from the date such amount shall have been so made available by the Administrative Agent to the Borrower until the date such amount shall have been repaid to the Administrative Agent, at the Federal Funds Rate until (and including) the third Business Day after demand is made and thereafter at the Base Rate. If such Bank does not pay such corresponding amount promptly upon the Administrative Agent's demand therefor, the Administrative Agent may notify the Borrower and the Borrower shall immediately repay such corresponding amount to the Administrative Agent together with accrued interest thereon at the applicable rate or rates provided in Section 1.03(a). (d) All Loans made available to the Administrative Agent in accordance with Section 1.02(b) shall be disbursed by the Administrative Agent not later than 1:00 p.m. on the requested date therefor in Dollars in funds immediately available to the Borrower by credit to an account of the Borrower at the Administrative Agent's Office or in such other manner as may have been specified in the applicable notice and as shall be acceptable to the Administrative Agent.
Appears in 1 contract
Sources: Credit Agreement (Reinsurance Group of America Inc)
Manner of Borrowing. (a) The Borrower shall give the ------------------- Administrative Agent notice (which shall be irrevocable) no later than 11:00 a.m. (New York time) on, in the case of Base Rate Loans, the requested date for Business Day, in the making case of such CD Rate Loans, two Business Days, and, in the case of Eurodollar Rate Loans, the third Eurodollar Business Day, before the requested date for the making of such Loans. Each such notice shall be in the form of Schedule 1.02 1.03 ------------- and shall specify (i) the requested date for the making of the requested Loans, which shall be, in the case of Base Domestic Rate Loans, a Business Day and, in the case of Eurodollar Rate Loans, a Eurodollar Business Day, (ii) the Type or Types of Loans requested and (iii) the amount of each such Type of Loan, the aggregate of which amounts for all Types of Loans requested shall be not less than (A) in the lesser case of (x) CD Rate or Eurodollar Rate Loans, $2,500,000 and 5,000,000 or any greater integral multiples multiple of $500,000 1,000,000, (B) in excess thereof and the case of Base Rate Loans, $1,000,000 or any greater integral multiple of $1,000,000 or (yC) if less, the aggregate amount of the unused Commitments. Upon receipt of any such notice, the Administrative Agent shall promptly notify each Bank of the contents thereof and of the amount and Type of each Loan to be made by such Bank on the requested date specified therein.
(b) Not later than 1:00 p.m. (New York time) on each requested date for the making of Loans, each Bank shall, if it has received the notice contemplated by Section 1.02
(a) in a timely fashion, shall make available to the Administrative Agent, in Dollars in funds immediately available to the Administrative Agent at the Administrative Agent's Office, the Loans to be made by such Bank on such date. Any Bank's failure to make any Loan to be made by it on the requested date therefor shall not relieve any other Bank of its obligation to make any Loan to be made by such other Bank on such date, but such other Bank shall not be liable for such failure.
(c) If a Bank shall have received notice of the making of Loans in accordance with Section 1.02(a) hereof, then unless Unless the Administrative Agent shall have received notice from a Bank prior to 1:00 p.m. 12:00 noon (New York time) on the requested date for the making of any Loans that such Bank will not make available to the Administrative Agent the Loans requested to be made by such Bank on such date, the Administrative Agent may assume that such Bank has made such Loans available to the Administrative Agent on such date in accordance with Section 1.02(b1.03(b) and the Administrative Agent in its sole discretion may, in reliance upon such assumption, make available to the Borrower on such date a corresponding amount on behalf of such Bank. If and to the extent such Bank shall not have so made available to the Administrative Agent the Loans requested to be made by such Bank on such date and the Administrative Agent shall have so made available to the Borrower a corresponding amount on behalf of such Bank, such Bank shall, on demand, pay to the Administrative Agent such corresponding amount together with interest thereon, for each day from the date such amount shall have been so made available by the Administrative Agent to the Borrower until the date such amount shall have been repaid to the Administrative Agent, at the Federal Funds Rate until (and including) the third Business Day after demand is made and thereafter at the Alternate Base Rate. If such Bank does not pay such corresponding amount promptly upon the Administrative Agent's demand therefor, the Administrative Agent may shall promptly notify the Borrower and the Borrower shall immediately repay such corresponding amount to the Administrative Agent together with accrued interest thereon at the applicable rate or rates provided in Section 1.03(a1.04(a), provided that the Administrative Agent shall not draw under the Letters of Credit or apply cash collateral to satisfy such payment obligation prior to the third Business Day after the day on which such notice to the Borrower shall have been given.
(d) All Loans made available to the Administrative Agent in accordance with Section 1.02(b1.03(b) shall be disbursed by the Administrative Agent not later than 1:00 2:00 p.m. (New York time) on the requested date therefor in Dollars in funds immediately available to the Borrower by credit to an account of the Borrower at the Administrative Agent's Office or in such other manner as may have been specified in the applicable notice and as shall be acceptable to the Administrative Agent.
Appears in 1 contract
Sources: Credit Agreement (Primestar Inc)
Manner of Borrowing. (a) The Borrower shall give the Administrative Agent notice (which shall be irrevocable) no later than 11:00 9:30 a.m. (Los Angeles time) on, in the case of Base Rate Loans, the requested date same Business Day for which the making of such LoansBase Rate Loan is requested, and, in the case of Eurodollar Rate Loans, the third Eurodollar Business DayDay before, before the requested date for the making of such Loans. Each such notice shall be in the form of Schedule 1.02 and shall specify (i) the requested date for the making of the requested Loans, which shall be, in the case of Base Rate Loans, a Business Day and, in the case of Eurodollar Rate Loans, a Eurodollar Business Day, (ii) the Type or Types of Loans requested and (iii) the amount of each such Type of Loan, which amount shall be, (x)(i) in the aggregate case of which amounts for all Types of Loans requested shall be not less than the lesser of (x) $2,500,000 and a Base Rate Loan, in integral multiples of $500,000 500,000, not less than $1,000,000 and (ii) in excess thereof and the case of a Eurodollar Loan, in integral multiples of $1,000,000, not less than $5,000,000 or (y) the aggregate amount of the unused Commitments. Upon receipt of any such notice, the Administrative Agent shall promptly notify each Bank Lender of the contents thereof and of the amount and Type of each Loan to be made by such Bank Lender on the requested date specified therein.
(b) Not later than 1:00 p.m. 11:30 a.m. (Los Angeles time) on each requested date for the making of Loans, each Bank shall, if it has received the notice contemplated by Section 1.02
(a) in a timely fashion, Lender shall make available to the Administrative Agent, in Dollars in funds immediately available to the Administrative Agent at the Administrative Agent's ’s Office, the Loans to be made by such Bank Lender on such date. Any Bank's Lender’s failure to make any Loan to be made by it on the requested date therefor shall not relieve any other Bank Lender of its obligation to make any Loan to be made by such other Bank Lender on such date, but such other Bank Lender shall not be liable for such failure.
(c) If a Bank shall have received notice of the making of Loans in accordance with Section 1.02(a) hereof, then unless Unless the Administrative Agent shall have received notice from a Bank Lender, in the case of Base Rate Loans, prior to 1:00 p.m. 10:30 a.m. (Los Angeles time) on the requested date for the making of any Loans such Loans, and in the case of Eurodollar Rate Loans, prior to 2:00 p.m. on the Business Day before the requested date for making any such Loans, that such Bank Lender will not make available to the Administrative Agent the Loans requested to be made by such Bank Lender on such requested date, the Administrative Agent may assume that such Bank Lender has made such Loans available to the Administrative Agent on such requested date in accordance with Section 1.02(b) and the Administrative Agent in its sole discretion may, in reliance upon such assumption, make available to the Borrower on such requested date a corresponding amount on behalf of such BankLender. If and to the extent such Bank Lender shall not have so made available to the Administrative Agent the Loans requested to be made by such Bank Lender on such requested date and the Administrative Agent shall have so made available to the Borrower a corresponding amount on behalf of such BankLender, such Bank Lender shall, on demand, pay to the Administrative Agent such corresponding amount together with interest thereon, for each day from the date such amount shall have been so made available by the Administrative Agent to the Borrower until the date such amount shall have been repaid to the Administrative Agent, at the Federal Funds Rate until (and including) the third Business Day after demand is made and thereafter at the Base Rateapplicable rate or rates otherwise applicable to such Loan as provided in Section 1.03(a). If such Bank Lender does not pay such corresponding amount promptly upon the Administrative Agent's ’s demand therefor, the Administrative Agent may shall promptly notify the Borrower and the Borrower shall immediately repay such corresponding amount to the Administrative Agent together with accrued interest thereon at the applicable rate or rates provided in Section 1.03(a).
(d) All Loans made available to the Administrative Agent in accordance with Section 1.02(b) shall be disbursed by the Administrative Agent not later than 1:00 p.m. on the requested date therefor in Dollars in funds immediately available to the Borrower by credit to an account of the Borrower at the Administrative Agent's ’s Office or in such other manner as may have been specified in the applicable notice and as shall be acceptable to the Administrative Agent.
Appears in 1 contract
Sources: Senior Secured Revolving Credit Agreement (California Steel Industries Inc)
Manner of Borrowing. (a) The Borrower shall give the Administrative Agent notice (which shall be irrevocable) no later than 11:00 10:00 a.m. (New York time) on, in the case of Base Rate Loans (other than Swing Loans), the Business Day before the requested date for the making of such Loans, Loans and, in the case of Eurodollar Rate Loans, the third Eurodollar Business Day, Day before the requested date for the making of such Loans. Each such notice shall be in the form of Schedule 1.02 and shall specify (i) the requested date for the making of the requested Loans, which shall be, in the case of Base Rate Loans, a Business Day and, in the case of Eurodollar Rate Loans, a Eurodollar Business Day, (ii) the Type or Types of Loans requested and (iii) the amount of each such Type of Loan, the aggregate of which amounts for all Types of Loans requested amount shall be not less than than, in the lesser case of (x) Base Rate Loans, $2,500,000 and 500,000 or an integral multiples multiple of $500,000 100,000 in excess thereof and (y) and, in the case of Eurodollar Rate Loans, $1,000,000 or an integral multiple of $250,000 in excess thereof, or the aggregate amount of the applicable unused Commitments, as the case may be. Upon receipt of any such notice, the Administrative Agent shall promptly notify each Bank of the contents thereof and of the amount and Type of each Loan to be made by such Bank on the requested date specified therein.
(b) Not later than 1:00 p.m. 11:00 a.m. (New York time) on each requested date for the making of Loans (other than Swing Loans), each Bank shall, if it has received the notice contemplated by Section 1.02
(a) in a timely fashion, shall make available to the Administrative Agent, in Dollars in funds immediately available to the Administrative Agent at the Administrative Agent's Office, the Loans to be made by such Bank on such date. Any Bank's failure to make any Loan to be made by it on the requested date therefor shall not relieve any other Bank of its obligation to make any Loan to be made by such other Bank on such date, but such other Bank shall not be liable for such failure.
(c) If a Bank shall have received notice of the making of Loans in accordance with Section 1.02(a) hereof, then unless Unless the Administrative Agent shall have received notice from a Bank prior to 1:00 p.m. 10:00 a.m. (New York time) on the requested date for the making of any Loans that such Bank will not make available to the Administrative Agent the Loans requested to be made by such Bank on such date, the Administrative Agent may assume that such Bank has made such Loans available to the Administrative Agent on such date in accordance with Section 1.02(b) and the Administrative Agent in its sole discretion may, in reliance upon such assumption, make available to the Borrower on such date a corresponding amount on behalf of such Bank. If and to the extent such Bank shall not have so made available to the Administrative Agent the Loans requested to be made by such Bank on such date and the Administrative Agent shall have so made available to the Borrower a corresponding amount on behalf of such Bank, such Bank shall, on demand, pay to the Administrative Agent such corresponding amount together with interest thereon, for each day from the date such amount shall have been so made available by the Administrative Agent to the Borrower until the date such amount shall have been repaid to the Administrative Agent, at the Federal Funds Rate until (and including) the third Business Day after demand is made and thereafter at the Base Rate. If such Bank does not pay such corresponding amount promptly upon the Administrative Agent's demand therefor, the Administrative Agent may shall promptly notify the Borrower and the such Borrower shall immediately repay such corresponding amount to the Administrative Agent together with accrued interest thereon at the applicable rate or rates provided in Section 1.03(a1.04(a).
(d) All Loans made available to the Administrative Agent in accordance with Section 1.02(b) or Section 1.02(c) shall be disbursed by the Administrative Agent not later than 1:00 p.m. (New York time) on the requested date therefor in Dollars in funds immediately available to the Borrower by credit to an account of the Borrower at the Administrative Agent's Office or in such other manner as may have been specified in the applicable notice and as shall be acceptable to the Administrative Agent.
Appears in 1 contract
Manner of Borrowing. (a) The Borrower shall give the Administrative Agent notice (which shall be irrevocable) no later than 11:00 a.m. A.M. on, in the case of Base Rate Loans, the Business Day before the requested date for the making of such Loans, and, in the case of Eurodollar Rate Loans, the third Eurodollar Business Day, Day before the requested date for the making of such Loans. Each such notice shall be in the form of Schedule 1.02 2.02 and shall specify (i) the requested date for the making of the requested Loans, which (x) shall be, in the case of Base Rate Loans, a Business Day and, in the case of Eurodollar Rate Loans, a Eurodollar Business DayDay and (y) shall not be a day during a Clean-Up Period, (ii) the Type or Types of Loans requested and requested, (iii) the amount of each such Type of Loan, the aggregate of which amounts for all Types of Loans requested shall be not less than the lesser of (x) $2,500,000 and integral multiples of $500,000 in excess thereof and (yiv) the aggregate amount of the unused CommitmentsInterest Period, if any, for such Loans. Upon receipt of any such notice, the Administrative Agent shall promptly notify each Bank of the contents thereof and of the amount and Type of each Loan to be made by such Bank on the requested date specified therein.
(b) Not later than 1:00 p.m. 12:00 noon on each requested date for the making of Loans, each Bank shall, if it has received the notice contemplated by Section 1.02
(a2.02(a) on or prior to its close of business on, in a timely fashionthe case of Base Rate Loans, the Business Day, and, in the case of Eurodollar Rate Loans, the third Eurodollar Business Day, before such date, make available to the Administrative Agent, in Dollars in funds immediately available to the Administrative Agent at the Administrative Agent's ’s Office, the Loans to be made by such Bank on such date. Any Bank's ’s failure to make any Loan to be made by it on the requested date therefor shall not relieve any other Bank of its obligation to make any Loan to be made by such other Bank on such date, but such other Bank shall not be liable for such failure.
(c) If a Bank shall have received notice of Unless the making of Loans in accordance with Section 1.02(a) hereof, then unless the Administrative Agent shall have received notice from a Bank prior to 1:00 p.m. 10:00 A.M. on the requested date for the making of any Loans that such Bank will not make available to the Administrative Agent the Loans requested to be made by such Bank on such date, the Administrative Agent may assume that such Bank has made such Loans available to the Administrative Agent on such date in accordance with Section 1.02(b2.02(b) and the Administrative Agent in its sole discretion may, in reliance upon such assumption, make available to the Borrower on such date a corresponding amount on behalf of such Bank. If and to the extent such Bank shall not have so made available to the Administrative Agent the Loans requested to be made by such Bank on such date and the Administrative Agent shall have so made available to the Borrower a corresponding amount on behalf of such Bank, such Bank shall, on demand, pay to the Administrative Agent such corresponding amount together with interest thereon, for each day from the date such amount shall have been so made available by the Administrative Agent to the Borrower until the date such amount shall have been repaid to the Administrative Agent, at the Federal Funds Rate until (and including) the third Business Day after demand is made and thereafter at the Base Rate. If such Bank does not pay such corresponding amount promptly upon the Administrative Agent's ’s demand therefor, the Administrative Agent may notify the Borrower and the Borrower shall immediately repay such corresponding amount to the Administrative Agent together with accrued interest thereon at the applicable rate or rates provided in Section 1.03(a)2.03.
(d) All Loans made available to the Administrative Agent in accordance with Section 1.02(b2.02(b) shall be disbursed by the Administrative Agent not later than 1:00 p.m. P.M. on the requested date therefor in Dollars in funds immediately available to the Borrower by credit to an account of the Borrower at the Administrative Agent's ’s Office or in such other manner as may have been specified in the applicable notice and as shall be acceptable to the Administrative Agent. Notwithstanding the foregoing or any other provision contained herein, the proceeds of all Loans made available to the Agent shall be deposited directly by the Agent or, to the extent received by the Borrower, by the Borrower into the Revenue Account pursuant to Section 3.1(a) of the Depositary Agreement.
Appears in 1 contract
Manner of Borrowing. (a) The Borrower shall give the Administrative Agent notice (which shall be irrevocable) no later than 11:00 a.m. on, in the case of Base Rate Loans, the requested date for the making of such Loans, and, in the case of Eurodollar Rate Loans, the third Eurodollar Business Day, before the requested date for the making of such Loans. Each such notice shall be in the form of Schedule 1.02 and shall specify (i) the requested date for the making of the requested Loans, which shall be, in the case of Base Rate Loans, a Business Day and, in the case of Eurodollar Rate Loans, a Eurodollar Business Day, (ii) the Type or Types of Loans requested and (iii) the amount of each such Type of Loan, the aggregate of which amounts for all Types of Loans requested shall be not less than the lesser of (x) $2,500,000 and integral multiples of $500,000 in excess thereof and (y) the aggregate amount of the unused Commitments. Upon receipt of any such notice, the Administrative Agent shall promptly notify each Bank of the contents thereof and of the amount and Type of each Loan to be made by such Bank on the requested date specified therein.
(b) Not later than 1:00 p.m. on each requested date for the making of Loans, each Bank shall, if it has received the notice contemplated by Section 1.02
(a) in a timely fashion, make available to the Administrative Agent, in Dollars in funds immediately available to the Administrative Agent at the Administrative Agent's Office, the Loans to be made by such Bank on such date. Any Bank's failure to make any Loan to be made by it on the requested date therefor shall not relieve any other Bank of its obligation to make any Loan to be made by such other Bank on such date, but such other Bank shall not be liable for such failure.. 3
(c) If a Bank shall have received notice of the making of Loans in accordance with Section 1.02(a1.02(b) hereof, then unless the Administrative Agent shall have received notice from a Bank prior to 1:00 p.m. on the requested date for the making of any Loans that such Bank will not make available to the Administrative Agent the Loans requested to be made by such Bank on such date, the Administrative Agent may assume that such Bank has made such Loans available to the Administrative Agent on such date in accordance with Section 1.02(b) and the Administrative Agent in its sole discretion may, in reliance upon such assumption, make available to the Borrower on such date a corresponding amount on behalf of such Bank. If and to the extent such Bank shall not have so made available to the Administrative Agent the Loans requested to be made by such Bank on such date and the Administrative Agent shall have so made available to the Borrower a corresponding amount on behalf of such Bank, such Bank shall, on demand, pay to the Administrative Agent such corresponding amount together with interest thereon, for each day from the date such amount shall have been so made available by the Administrative Agent to the Borrower until the date such amount shall have been repaid to the Administrative Agent, at the Federal Funds Rate until (and including) the third Business Day after demand is made and thereafter at the Base Rate. If such Bank does not pay such corresponding amount promptly upon the Administrative Agent's demand therefor, the Administrative Agent may notify the Borrower and the Borrower shall immediately repay such corresponding amount to the Administrative Agent together with accrued interest thereon at the applicable rate or rates provided in Section 1.03(a).
(d) All Loans made available to the Administrative Agent in accordance with Section 1.02(b) shall be disbursed by the Administrative Agent not later than 1:00 p.m. on the requested date therefor in Dollars in funds immediately available to the Borrower by credit to an account of the Borrower at the Administrative Agent's Office or in such other manner as may have been specified in the applicable notice and as shall be acceptable to the Administrative Agent.
Appears in 1 contract
Sources: Credit Agreement (Reinsurance Group of America Inc)
Manner of Borrowing. (a) The Borrower shall give the Administrative Agent notice (which shall be irrevocable) no later than 11:00 10:00 a.m. (New York time) on, in the case of Base Rate Loans (other than Swing Loans), the Business Day before the requested date for the making of such Loans, Loans and, in the case of Eurodollar Rate Loans, the third Eurodollar Business Day, Day before the requested date for the making of such Loans. Each such notice shall be in the form of Schedule SCHEDULE 1.02 and shall specify (i) the requested date for the making of the requested Loans, which shall be, in the case of Base Rate Loans, a Business Day and, in the case of Eurodollar Rate Loans, a Eurodollar Business Day, (ii) the Type or Types of Loans requested and (iii) the amount of each such Type of Loan, the aggregate of which amounts for all Types of Loans requested amount shall be not less than than, in the lesser case of (x) Base Rate Loans, $2,500,000 and 500,000 or an integral multiples multiple of $500,000 100,000 in excess thereof and (y) and, in the case of Eurodollar Rate Loans, $1,000,000 or an integral multiple of $250,000 in excess thereof, or the aggregate amount of the applicable unused Commitments, as the case may be. Upon receipt of any such notice, the Administrative Agent shall promptly notify each Bank of the contents thereof and of the amount and Type of each Loan to be made by such Bank on the requested date specified therein.
(b) Not later than 1:00 p.m. 11:00 a.m. (New York time) on each requested date for the making of Loans (other than Swing Loans), each Bank shall, if it has received the notice contemplated by Section 1.02
(a) in a timely fashion, shall make available to the Administrative Agent, in Dollars in funds immediately available to the Administrative Agent at the Administrative Agent's Office, the Loans to be made by such Bank on such date. Any Bank's failure to make any Loan to be made by it on the requested date therefor shall not relieve any other Bank of its obligation to make any Loan to be made by such other Bank on such date, but such other Bank shall not be liable for such failure.
(c) If a Bank shall have received notice of the making of Loans in accordance with Section 1.02(a) hereof, then unless Unless the Administrative Agent shall have received notice from a Bank prior to 1:00 p.m. 10:00 a.m. (New York time) on the requested date for the making of any Loans that such Bank will not make available to the Administrative Agent the Loans requested to be made by such Bank on such date, the Administrative Agent may assume that such Bank has made such Loans available to the Administrative Agent on such date in accordance with Section 1.02(b) and the Administrative Agent in its sole discretion may, in reliance upon such assumption, make available to the Borrower on such date a corresponding amount on behalf of such Bank. If and to the extent such Bank shall not have so made available to the Administrative Agent the Loans requested to be made by such Bank on such date and the Administrative Agent shall have so made available to the Borrower a corresponding amount on behalf of such Bank, such Bank shall, on demand, pay to the Administrative Agent such corresponding amount together with interest thereon, for each day from the date such amount shall have been so made available by the Administrative Agent to the Borrower until the date such amount shall have been repaid to the Administrative Agent, at the Federal Funds Rate until (and including) the third Business Day after demand is made and thereafter at the Base Rate. If such Bank does not pay such corresponding amount promptly upon the Administrative Agent's demand therefor, the Administrative Agent may shall promptly notify the Borrower and the such Borrower shall immediately repay such corresponding amount to the Administrative Agent together with accrued interest thereon at the applicable rate or rates provided in Section 1.03(a1.04(a).
(d) All Loans made available to the Administrative Agent in accordance with Section 1.02(b) or Section 1.02(c) shall be disbursed by the Administrative Agent not later than 1:00 p.m. (New York time) on the requested date therefor in Dollars in funds immediately available to the Borrower by credit to an account of the Borrower at the Administrative Agent's Office or in such other manner as may have been specified in the applicable notice and as shall be acceptable to the Administrative Agent.
Appears in 1 contract
Manner of Borrowing. (a) The Borrower shall give the Administrative Agent notice (which shall be irrevocable) no later than 11:00 a.m. on, in the case of Base Rate Loans, the Business Day before the requested date for the making of such Loans, and, in the case of Eurodollar Rate Loans, the third Eurodollar Business Day, Day before the requested date for the making of such Loans. Each such notice shall be in the form of Schedule 1.02 2.02 and shall specify (i) the requested date for the making of the requested Loans, which (x) shall be, in the case of Base Rate Loans, a Business Day and, in the case of Eurodollar Rate Loans, a Eurodollar Business DayDay and (y) shall not be a day during a Clean-Up Period, (ii) the Type or Types of Loans requested and requested, (iii) the amount of each such Type of Loan, the aggregate of which amounts for all Types of Loans requested shall be not less than the lesser of (x) $2,500,000 and integral multiples of $500,000 in excess thereof and (yiv) the aggregate amount of the unused CommitmentsInterest Period, if any, for such Loans. Upon receipt of any such notice, the Administrative Agent shall promptly notify each Bank of the contents thereof and of the amount and Type of each Loan to be made by such Bank on the requested date specified therein.
(b) Not later than 1:00 p.m. 12:00 noon on each requested date for the making of Loans, each Bank shall, if it has received the notice contemplated by Section 1.02
(a2.02(a) on or prior to its close of business on, in a timely fashionthe case of Base Rate Loans, the Business Day, and, in the case of Eurodollar Rate Loans, the third Eurodollar Business Day, before such date, make available to the Administrative Agent, in Dollars in funds immediately available to the Administrative Agent at the Administrative Agent's Office, the Loans to be made by such Bank on such date. Any Bank's failure to make any Loan to be made by it on the requested date therefor shall not relieve any other Bank of its obligation to make any Loan to be made by such other Bank on such date, but such other Bank shall not be liable for such failure.
(c) If a Bank shall have received notice of Unless the making of Loans in accordance with Section 1.02(a) hereof, then unless the Administrative Agent shall have received notice from a Bank prior to 1:00 p.m. 10:00 a.m. on the requested date for the making of any Loans that such Bank will not make available to the Administrative Agent the Loans requested to be tobe made by such Bank on such date, the Administrative Agent may assume that such Bank has made such Loans available to the Administrative Agent on such date in accordance with Section 1.02(b2.02(b) and the Administrative Agent in its sole discretion may, in reliance upon such assumption, make available to the Borrower on such date a corresponding amount on behalf of such Bank. If and to the extent such Bank shall not have so made available to the Administrative Agent the Loans requested to be made by such Bank on such date and the Administrative Agent shall have so made available to the Borrower a corresponding amount on behalf of such Bank, such Bank shall, on demand, pay to the Administrative Agent such corresponding amount together with interest thereon, for each day from the date such amount shall have been so made available by the Administrative Agent to the Borrower until the date such amount shall have been repaid to the Administrative Agent, at the Federal Funds Rate until (and including) the third Business Day after demand is made and thereafter at the Base Rate. If such Bank does not pay such corresponding amount promptly upon the Administrative Agent's demand therefor, the Administrative Agent may notify the Borrower and the Borrower shall immediately repay such corresponding amount to the Administrative Agent together with accrued interest thereon at the applicable rate or rates provided in Section 1.03(a2.03(a).
(d) All Loans made available to the Administrative Agent in accordance with Section 1.02(b2.02(b) shall be disbursed by the Administrative Agent not later than 1:00 p.m. on the requested date therefor in Dollars in funds immediately available to the Borrower by credit to an account of the Borrower at the Administrative Agent's Office or in such other manner as may have been specified in the applicable notice and as shall be acceptable to the Administrative Agent.. Notwithstanding the foregoing or any other provision contained herein, the proceeds of all Loans made available to the Agent shall be deposited directly by the
Appears in 1 contract
Manner of Borrowing. (a) The Borrower shall give the Administrative Agent notice (which shall be irrevocable) no later than 11:00 a.m. 12:00 noon on, in the case of Base Rate Loans, the Business Day before the requested date for the making of such Loans, and, in the case of Eurodollar Rate Loans, the third Eurodollar Business Day, before the requested date for the making of such Loans. Each such notice shall be in the form of Schedule 1.02 2.02 and shall specify (i) the requested date for the making of the requested Loans, which shall be, be (x) in the case of Base Rate Loans, a Business Day and, in the case of Eurodollar Rate Loans, a Eurodollar Business DayDay and (y) shall not be a day during a Clean-Up Period, (ii) the Type or Types of Loans requested and (iii) the amount of each such Type of Loan, the aggregate of which amounts for all Types of Loans requested shall be not less than the lesser of (x) $2,500,000 and integral multiples of $500,000 in excess thereof and (y) the aggregate amount of the unused Commitments. Upon receipt of any such notice, the Administrative Agent shall promptly notify each Bank of the contents thereof and of the amount and Type of each Loan to be made by such Bank on the requested date specified therein.
(b) Not later than 1:00 p.m. on each requested date for the making of Loans, each Bank shall, if it has received the notice contemplated by Section 1.02
(a2.02(a) on or prior to its close of business on, in a timely fashionthe case of Base Rate Loans, the Business Day, and, in the case of Eurodollar Rate Loans, the third Eurodollar Business Day, before such date, make available to the Administrative Agent, in Dollars in funds immediately available to the Administrative Agent at the Administrative Agent's Office, the Loans to be made by such Bank on such date. Any Bank's failure to make any Loan to be made by it on the requested date therefor shall not relieve any other Bank of its obligation to make any Loan to be made by such other Bank on such date, but such other Bank shall not be liable for such failure.
(c) If a Bank shall have received notice of Unless the making of Loans in accordance with Section 1.02(a) hereof, then unless the Administrative Agent shall have received notice from a Bank prior to 1:00 p.m. 10:00 a.m. on the requested date for the making of any Loans that such Bank will not make available to the Administrative Agent the Loans requested to be made by such Bank on such date, the Administrative Agent may assume that such Bank has made such Loans available to the Administrative Agent on 13 21 such date in accordance with Section 1.02(b2.02(b) and the Administrative Agent in its sole discretion may, in reliance upon such assumption, make available to the Borrower on such date a corresponding amount on behalf of such Bank. If and to the extent such Bank shall not have so made available to the Administrative Agent the Loans requested to be made by such Bank on such date and the Administrative Agent shall have so made available to the Borrower a corresponding amount on behalf of such Bank, such Bank shall, on demand, pay to the Administrative Agent such corresponding amount together with interest thereon, for each day from the date such amount shall have been so made available by the Administrative Agent to the Borrower until the date such amount shall have been repaid to the Administrative Agent, at the Federal Funds Rate until (and including) the third Business Day after demand is made and thereafter at the Base Rate. If such Bank does not pay such corresponding amount promptly upon the Administrative Agent's demand therefor, the Administrative Agent may notify the Borrower and the Borrower shall immediately repay such corresponding amount to the Administrative Agent together with accrued interest thereon at the applicable rate or rates provided in Section 1.03(a2.03(a).
(d) All Loans made available to the Administrative Agent in accordance with Section 1.02(b2.02(b) shall be disbursed by the Administrative Agent not later than 1:00 2:00 p.m. on the requested date therefor in Dollars in funds immediately available to the Borrower by credit to an account of the Borrower at the Administrative Agent's Office or in such other manner as may have been specified in the applicable notice and as shall be acceptable to the Administrative Agent.
Appears in 1 contract
Sources: Secured Revolving O&m Costs Facility (Aes Eastern Energy Lp)
Manner of Borrowing. (a) RC Loans. -------- With respect to RC Loans:
(i) The Borrower shall give the Administrative Agent notice (which shall be irrevocable) no later than 11:00 a.m. onthan, in the case of a Base Rate LoansLoan, 10:00 a.m. on the requested date for the making of such Loans, Loan and, in the case of a Eurodollar Rate LoansLoan, 11:00 a.m. on the third Eurodollar Business Day, before the requested date for the making of such Loans. Each such notice shall be in the form of Schedule 1.02 Eurodollar
(a) and shall specify (iA) the ---------------- requested date for the making of the requested LoansLoan, which shall be, in the case of a Base Rate LoansLoan, a Business Day and, in the case of a Eurodollar Rate LoansLoan, a Eurodollar Business Day, (iiB) the Type or Types of Loans requested and (iiiC) the amount of each such Type of Loan, the aggregate of which amounts for all Types of Loans requested shall be not less than (1) in the lesser case of (x) Eurodollar Rate Loans $2,500,000 and 5,000,000 or any integral multiples multiple of $500,000 5,000,000 in excess thereof and (y2) in the case of Base Rate Loans the lesser of $1,000,000 or any integral multiple of $1,000,000 in excess thereof, and the aggregate amount of the unused Commitments. Upon receipt of any such notice, the Administrative Agent shall promptly notify each Bank of the contents thereof and of the amount and Type of each Loan to be made by such Bank Bank. Each Loan so requested shall be disbursed by the Agent not later than 2:00 p.m. on the requested date therefor in Dollars in funds immediately available to the Borrower by credit to an account of the Borrower at the Agent's Office or in such other manner as may have been specified thereinin the applicable notice and as shall be acceptable to the Agent.
(bii) Not later than 1:00 p.m. on On each requested date for the making of RC Loans, each Bank shall, if it has received the notice contemplated by Section 1.02
1.02(a)(i) on or prior to (aA) in a timely fashionthe case of Eurodollar Rate Loans, its close of business on the third Eurodollar Business Day before such requested date and (B) in the case of Base Rate Loans, 11:00 a.m. on such requested date, make available to the Administrative Agent, not later than (x) in the case of Eurodollar Rate Loans, 11:00 a.m. and (y) in the case of Base Rate Loans, 1:00 p.m., in Dollars in funds immediately available to the Administrative Agent at the Administrative Agent's Office, the RC Loans to be made by such Bank on such requested date. Any Bank's failure to make any RC Loan to be made by it on the requested date therefor shall not relieve any other Bank of its obligation to make any Loan to be made by such other Bank on such date, but such other Bank shall not be liable for such failure.
(ciii) If a Bank shall have received notice of Unless the making of Loans in accordance with Section 1.02(a) hereof, then unless the Administrative Agent shall have received notice from a Bank prior to 1:00 p.m. (A) in the case of Eurodollar Rate Loans, 10:00 a.m., and (B) in the case of Base Rate Loans, 12:00 noon, on the requested date for the making of any RC Loans that such Bank will not make available to the Administrative Agent the RC Loans requested to be made by such Bank on such date, the Administrative Agent may assume that such Bank has made such RC Loans available to the Administrative Agent on such date in accordance with Section 1.02(b1.02(a)(ii) and the Administrative Agent in its sole discretion may, in reliance upon such assumption, make available to the Borrower (or, in the case of RC Loans requested pursuant to Section 1.04(b) or Section 1.05(c)(i), to the Swing Line Bank) on such date a corresponding amount on behalf of such Bank. If and to the extent such Bank shall not have so made available to the Administrative Agent the RC Loans requested to be made by such Bank on such date and the Administrative Agent shall have so made available to the Borrower a corresponding amount on behalf of such Bank, such Bank shall, on demand, pay to the Administrative Agent such corresponding amount together with interest thereon, for each day from the date such amount shall have been so made available by the Administrative Agent to the Borrower until the date such amount shall have been repaid to the Administrative Agent, at the Federal Funds Rate until (and including) the third Business Day after demand is made and thereafter at the Base Rate. If such Bank does not pay such corresponding amount promptly upon the Administrative Agent's demand therefor, the Administrative Agent may shall promptly notify the Borrower and the Borrower shall immediately repay such corresponding amount to the Administrative Agent together with accrued interest thereon at the applicable rate or rates provided in Section 1.03(a).
(d) All Loans made available to the Administrative Agent in accordance with Section 1.02(b) shall be disbursed by the Administrative Agent not later than 1:00 p.m. on the requested date therefor in Dollars in funds immediately available to the Borrower by credit to an account of the Borrower at the Administrative Agent's Office or in such other manner as may have been specified in the applicable notice and as shall be acceptable to the Administrative Agent.
Appears in 1 contract
Sources: Guaranteed Credit Agreement (Zd Inc)
Manner of Borrowing. (a) The Borrower shall give the Administrative Agent notice (which shall be irrevocable) no later than 11:00 10:00 a.m. (New York time) on, in the case of Base Rate Loans, the requested date for the making of such Loans, Business Day and, in the case of Eurodollar Rate Loans, the third Eurodollar Business Day, before the requested date for the making of such Loans. Each such notice shall be in the form of Schedule 1.02 and shall specify (i) the requested date for the making of the requested Loans, which shall be, in the case of Base Rate Loans, a Business Day and, in the case of Eurodollar Rate Loans, a Eurodollar Business Day, (ii) the Type or Types of Loans requested and (iii) the amount of each such Type of Loan, the aggregate amount of which amounts for all Types of Loans requested shall be not less than the lesser of (x) $2,500,000 and 2,000,000 or any integral multiples multiple of $500,000 in excess thereof and (y) or the aggregate amount of the unused CommitmentsTotal Commitment. Upon receipt of any such notice, the Administrative Agent shall promptly notify each Bank of the contents thereof and of the amount and Type of each Loan to be made by such Bank on the requested date specified therein.
(b) Not later than 1:00 p.m. 12:00 noon (New York time) on each requested date for the making of Loans, each Bank shall, if it has received the notice contemplated by Section 1.02
(a) in a timely fashion, shall make available to the Administrative Agent, in Dollars in funds immediately available to the Administrative Agent at the Administrative Agent's Office, the Loans to be made by such Bank on such date. Any The obligations of the Banks hereunder are several and, accordingly, any Bank's failure to make any Loan to be made by it on the requested date therefor shall not relieve any other Bank of its obligation to make any Loan to be made by such other Bank on such date, but such other Bank shall not be liable for such failure.
(c) If a Bank shall have received notice of the making of Loans in accordance with Section 1.02(a) hereof, then unless Unless the Administrative Agent shall have received notice from a Bank prior to 1:00 p.m. 12:00 noon (New York time) on the requested date for the making of any Loans that such Bank will not make available to the Administrative Agent the Loans requested to be made by such Bank on such date, the Administrative Agent may assume that such Bank has made such Loans available to the Administrative Agent on such date in accordance with Section 1.02(b) and the Administrative Agent in its sole discretion may, in reliance upon such assumption, make available to the Borrower on such date a corresponding amount on behalf of such Bank. If and to the extent such Bank shall not have so made available to the Administrative Agent the Loans requested to be made by such Bank on such date and the Administrative Agent shall have so made available to the Borrower a corresponding amount on behalf of such Bank, such Bank shall, on demand, pay to the Administrative Agent such corresponding amount together with interest thereon, for each day from the date such amount shall have been so made available by the Administrative Agent to the Borrower until the date such amount shall have been repaid paid to the Administrative Agent, at the Federal Funds Rate until (and including) the third Business Day after demand is made and thereafter at the Base Rate. If such Bank does not pay such corresponding amount promptly upon the Administrative Agent's demand therefor, the Administrative Agent may shall promptly notify the Borrower and the Borrower shall immediately repay such corresponding amount to the Administrative Agent together with accrued interest thereon at the applicable rate or rates provided in Section 1.03(a); provided, however, that, with respect to such repayment, the Borrower shall have no liability with respect to losses, costs or expenses otherwise compensable under Section 7.04 in connection therewith.
(d) All Loans made available to the Administrative Agent in accordance with Section 1.02(b) shall be disbursed by the Administrative Agent not later than 1:00 3:00 p.m. (New York time) on the requested date therefor in Dollars in funds immediately available to the Borrower by credit to an account of the Borrower at the Administrative Agent's Office or in such other manner as may have been specified in the applicable notice and as shall be acceptable to the Administrative Agent.
Appears in 1 contract
Manner of Borrowing. (a) The Borrower shall give the Administrative Agent notice (which shall be irrevocable) no later than 11:00 10:00 a.m. (New York time) on, in the case of Base Rate Loans, the requested date for the making of such Loans, Business Day and, in the case of Eurodollar Rate Loans, the third Eurodollar Business Day, before the requested date for the making of such Loans. Each such notice shall be in the form of Schedule 1.02 and shall specify specify
(i) in the case of the initial Loans, whether such Loans are Tranche A Loans or Tranche B Loans (or a combination thereof), (ii) the requested date for the making of the requested Loans, which shall be, in the case of Base Rate Loans, a Business Day and, in the case of Eurodollar Rate Loans, a Eurodollar Business Day, (iiiii) the Type or Types of Loans requested and (iiiiv) the amount of each such Type of Loan, the aggregate amount of which amounts for all Types of Loans requested shall be not less than the lesser of (x) $2,500,000 and 5,000,000 or any integral multiples multiple of $500,000 1,000,000 in excess thereof and (y) or the aggregate amount of the unused CommitmentsTotal Tranche A Commitment or Total Tranche B Commitment, as applicable. Upon receipt of any such notice, the Administrative Agent shall promptly notify each Bank of the contents thereof and thereof, of the amount and Type of each Loan to be made by such Bank on the requested date specified thereintherein and whether such Loan is a Tranche A Loan or a Tranche B Loan (or a combination thereof).
(b) Not later than 1:00 p.m. 12:00 noon (New York time) on each requested date for the making of Loans, each Bank shall, if it has received the notice contemplated by Section 1.02
(a) in a timely fashion, shall make available to the Administrative Agent, in Dollars in funds immediately available to the Administrative Agent at the Administrative Agent's Office, the Loans to be made by such Bank on such date. Any The obligations of the Banks hereunder are several and, accordingly, any Bank's failure to make any Loan to be made by it on the requested date therefor shall not relieve any other Bank of its obligation to make any Loan to be made by such other Bank on such date, but such other Bank shall not be liable for such failure.
(c) If a Bank shall have received notice of the making of Loans in accordance with Section 1.02(a) hereof, then unless the Administrative Agent shall have received notice from a Bank prior to 1:00 p.m. on the requested date for the making of any Loans that such Bank will not make available to the Administrative Agent the Loans requested to be made by such Bank on such date, the Administrative Agent may assume that such Bank has made such Loans available to the Administrative Agent on such date in accordance with Section 1.02(b) and the Administrative Agent in its sole discretion may, in reliance upon such assumption, make available to the Borrower on such date a corresponding amount on behalf of such Bank. If and to the extent such Bank shall not have so made available to the Administrative Agent the Loans requested to be made by such Bank on such date and the Administrative Agent shall have so made available to the Borrower a corresponding amount on behalf of such Bank, such Bank shall, on demand, pay to the Administrative Agent such corresponding amount together with interest thereon, for each day from the date such amount shall have been so made available by the Administrative Agent to the Borrower until the date such amount shall have been repaid to the Administrative Agent, at the Federal Funds Rate until (and including) the third Business Day after demand is made and thereafter at the Base Rate. If such Bank does not pay such corresponding amount promptly upon the Administrative Agent's demand therefor, the Administrative Agent may notify the Borrower and the Borrower shall immediately repay such corresponding amount to the Administrative Agent together with accrued interest thereon at the applicable rate or rates provided in Section 1.03(a); provided, however, that, with respect to such repayment, the Borrower shall have no liability with respect to losses, costs or expenses otherwise compensable under Section 7.04 in connection therewith.
(d) All Loans made available to the Administrative Agent in accordance with Section 1.02(b) shall be disbursed by the Administrative Agent not later than 1:00 3:00 p.m. (New York time) on the requested date therefor in Dollars in funds immediately available to the Borrower by credit to an account of the Borrower at the Administrative Agent's Office or in such other manner as may have been specified in the applicable notice and as shall be acceptable to the Administrative Agent.
Appears in 1 contract
Manner of Borrowing. (a) The applicable Borrower shall give ------------------- the Administrative Agent notice (which shall be irrevocable) no later than 11:00 a.m. on(New York City time) on (1) in the case of Eurocurrency Rate Loans to be made to the Company, the third Eurocurrency Business Day, (2) in the case of Eurocurrency Rate Loans to be made to Xpedite UK, the fourth Eurocurrency Business Day and (3) in the case of Base Rate LoansLoans to be made to the Company, the requested date for the making of such Loans, and, in the case of Eurodollar Rate Loans, the third Eurodollar Business Day, before the requested date for the making of such Loans. Each such notice shall be in the form of Schedule 1.02 and shall specify (i) the requested ------------- date for the making of the requested Loans, which shall bebe a Eurocurrency Business Day (or, in the case of Base Rate LoansLoans to be made to the Company, a Business Day and, in the case of Eurodollar Rate Loans, a Eurodollar Business Day), (ii) the Type or Types of Loans requested and (iii) the amount of each such Type of Loan, the aggregate of which amounts for all Types of Loans requested shall be not be, in the case of Loans made to the Company, $1,000,000 or any integral multiple of $1,000,000 in excess thereof, or, if less than the lesser of (x) $2,500,000 and integral multiples of $500,000 in excess thereof and (y) 1,000,000, the aggregate amount of the unused CommitmentsCommitments and, in the case of Loans made to Xpedite UK, (Pounds)500,000 or any integral multiple of (Pounds)500,000 in excess thereof, or, if less than (Pounds)500,000, the aggregate amount of the unused Sterling Sub-limit. Upon receipt of any such notice, the Administrative Agent shall promptly notify each Bank of the contents thereof and of the amount and Type of each Loan to be made by such Bank on the requested date specified therein.
(b) Not later than 1:00 p.m. 11:00 a.m. (New York City time) on each requested date for the making of Loans, each Bank shall, if it has received the notice contemplated by Section 1.02
(a) in a timely fashion, shall make available to the Administrative Agent, in Dollars or Sterling, as the case may be, in funds immediately available to the Administrative Agent (or, in the case of Loans disbursed in Sterling, in funds as may then be customary for the settlement of international transactions in Sterling) at the Administrative Agent's Office, the Loans to be made by such Bank on such date. Any Bank's failure to make any Loan to be made by it on the requested date therefor shall not relieve any other Bank of its obligation to make any Loan to be made by such other Bank on such date, but such other Bank shall not be liable for such failure.
(c) If a Bank shall have received notice of the making of Loans in accordance with Section 1.02(a) hereof, then unless Unless the Administrative Agent shall have received notice from a Bank prior to 1:00 p.m. 10:00 a.m. (New York City time) on the requested date for the making of any Loans that such Bank will not make available to the Administrative Agent the Loans requested to be made by such Bank on such date, the Administrative Agent may assume that such Bank has made such Loans available to the Administrative Agent on such date in accordance with Section 1.02(b) and the Administrative Agent in its sole discretion may, in reliance upon such assumption, make available to the applicable Borrower on such date a corresponding amount on behalf of such Bank. If and to the extent such Bank shall not have so made available to the Administrative Agent the Loans requested to be made by such Bank on such date and the Administrative Agent shall have so made available to the applicable Borrower a corresponding amount on behalf of such Bank, such Bank shall, on demand, pay to the Administrative Agent such corresponding amount together with interest thereon, for each day from the date such amount shall have been so made available by the Administrative Agent to the applicable Borrower until the date such amount shall have been repaid to the Administrative Agent, at a rate per annum equal to, in the case of Loans denominated in Dollars, the Federal Funds Rate until (and including) the third Business Day after demand is made and thereafter at the Base RateRate and, in the case of Loans denominated in Sterling, the overnight London interbank Sterling rate, as determined by the Administrative Agent. If such Bank does not pay such corresponding amount promptly upon the Administrative Agent's demand therefor, the Administrative Agent may shall promptly notify the applicable Borrower and the such Borrower shall immediately repay such corresponding amount to the Administrative Agent together with accrued interest thereon at the applicable rate or rates provided in Section 1.03(a). Nothing in this Section 1.02(c) shall be deemed to limit the obligation of any Bank to make Loans hereunder or to limit the rights that the Borrowers may have against any Bank for its failure to make any Loans hereunder.
(d) All Loans made available to the Administrative Agent in accordance with Section 1.02(b) shall be disbursed by the Administrative Agent not later than 1:00 p.m. 12:00 noon (New York City time) on the requested date therefor in Dollars or Sterling, as the case may be, in funds immediately available to the applicable Borrower (or, in the case of Loans disbursed in Sterling, in funds as may then be customary for the settlement of international transactions in Sterling) by credit to an account of the such Borrower at the Administrative Agent's Office or in such other manner as may have been specified in the applicable notice of borrowing and as shall be acceptable to the Administrative Agent.
Appears in 1 contract
Manner of Borrowing. (a) RC Loans. With respect to RC Loans:
(i) The applicable Borrower shall give the Administrative Agent notice (which shall be irrevocable) no later than 11:00 10:00 a.m. on, in the case of Base Rate Loans, the Business Day before the requested date for the making of such RC Loans, and, in the case of Eurodollar Rate Loans, the third Eurodollar Business Day, Day before the requested date for the making of such LoansRC Loan Date. Each such notice shall be in the form of Schedule 1.02 1.02
(a) (i) and shall specify (iA) the requested date for the making of the requested LoansRC Loan Date, which shall be, in the case of Base Rate Loans, a Business Day and, in the case of Eurodollar Rate Loans, a Eurodollar Business Day, (iiB) the Type or Types of RC Loans requested and (iiiC) the amount of each such Type of RC Loan, the aggregate of which amounts for all Types of Loans requested shall not be not less than the lesser of (x) $2,500,000 1,000,000 and integral multiples of $500,000 in excess 250,000 thereof and (y) the aggregate amount of the unused Commitments. Upon receipt of any such notice, the Administrative Agent shall promptly notify each Bank of the contents thereof and of the amount and Type of each RC Loan to be made by such Bank on the requested date specified therein.
(bii) Not later than 1:00 p.m. 11:00 a.m. on each requested date for the making of LoansRC Loan Date, each Bank shall, if it has received the notice contemplated by Section 1.02
(a) in a timely fashion, shall make available to the Administrative Agent, in Dollars in funds immediately available to the Administrative Agent at the Administrative Agent's Office, the RC Loans to be made by such Bank on such date. Any Bank's failure to make any RC Loan to be made by it on the requested date therefor RC Loan Date shall not relieve any other Bank of its obligation to make any RC Loan to be made by such other Bank on such dateRC Loan Date, but such other Bank shall not be liable for such failure.
(ciii) If a Bank shall have received notice of Unless the making of Loans in accordance with Section 1.02(a) hereof, then unless the Administrative Agent shall have received notice from a Bank prior to 1:00 p.m. 10:00 a.m. on the requested date for the making of any Loans RC Loan Date that such Bank will not make available to the Administrative Agent the RC Loans requested to be made by such Bank on such date, the Administrative Agent may assume that such Bank has made such RC Loans available to the Administrative Agent on such date in accordance with Section 1.02(b1.02(a)(ii) and the Administrative Agent in its sole discretion may, in reliance upon such assumption, make available to the applicable Borrower on such date a corresponding amount on behalf of such Bank. If and to the extent such Bank shall not have so made available to the Administrative Agent the RC Loans requested to be made by such Bank on such date and the Administrative Agent shall have so made available to the applicable Borrower a corresponding amount on behalf of such Bank, such Bank shall, on demand, pay to the Administrative Agent such corresponding amount together with interest thereon, for each day from the date such amount shall have been so made available by the Administrative Agent to the applicable Borrower until the date such amount shall have been repaid to the Administrative Agent, at the Federal Funds Rate until (and including) the third Business Day after demand is made and thereafter at the Base RateRate plus 2%. If such Bank does not pay such corresponding amount promptly upon the Administrative Agent's demand therefor, the Administrative Agent may shall promptly notify the applicable Borrower and the such Borrower shall immediately repay such corresponding amount to the Administrative Agent together with accrued interest thereon at the applicable rate or rates provided in Section 1.03(a).
(div) All RC Loans made available to the Administrative Agent in accordance with Section 1.02(b1.02(a)(ii) shall be disbursed by the Administrative Agent not later than 1:00 p.m. 12:00 noon on the requested date RC Loan Date therefor in Dollars in funds immediately available to the applicable Borrower by credit to an account of the such Borrower at the Administrative Agent's Office or in such other manner as may have been specified in the applicable notice and as shall be acceptable to the Administrative Agent.
Appears in 1 contract
Manner of Borrowing. (a) The Borrower shall give the Administrative Agent notice (which shall be irrevocable) no later than 11:00 10:00 a.m. (New York time) on, in the case of Base Rate Loans (other than Swing Loans), the Business Day before the requested date for the making of such Loans, Loans and, in the case of Eurodollar Rate Loans, the third Eurodollar Business Day, Day before the requested date for the making of such Loans; provided, that no Eurodollar Rate Loan shall be made on or before the earlier of the date that is 90 days following the Restated Agreement Date and the date on which the general syndication of the credit facility provided for herein is completed, as specified by The Bank of New York and Bankers Trust Company, other than Eurodollar Rate Loans having a one-month Interest Period. Each such notice shall be in the form of Schedule 1.02 and shall specify (i) whether the requested Loans are Term A Loans, Term B Loans, RC A Loans or RC B Loans, (ii) the requested date for the making of the requested Loans, which shall be, in the case of Base Rate Loans, a Business Day and, in the case of Eurodollar Rate Loans, a Eurodollar Business Day, (iiiii) the Type or Types of Loans requested and (iiiiv) the amount of each such Type of Loan, the aggregate of which amounts for all Types of Loans requested amount shall be not less than than, in the lesser case of (x) Base Rate Loans, $2,500,000 and 500,000 or an integral multiples multiple of $500,000 100,000 in excess thereof and (y) and, in the case of Eurodollar Rate Loans, $1,000,000 or an integral multiple of $250,000 in excess thereof, or the aggregate amount of the applicable unused Commitments, as the case may be. Upon receipt of any such notice, the Administrative Agent shall promptly notify each Bank of the contents thereof and of the amount and Type of each Loan to be made by such Bank on the requested date specified therein.
(b) Not later than 1:00 p.m. 11:00 a.m. (New York time) on each requested date for the making of Loans (other than Swing Loans), each Bank shall, if it has received the notice contemplated by Section 1.02
(a) in a timely fashion, shall make available to the Administrative Agent, in Dollars in funds immediately available to the Administrative Agent at the Administrative Agent's Office, the Loans to be made by such Bank on such date. Any Bank's failure to make any Loan to be made by it on the requested date therefor shall not relieve any other Bank of its obligation to make any Loan to be made by such other Bank on such date, but such other Bank shall not be liable for such failure.
(c) If a Bank shall have received notice of Unless the making of Loans in accordance with Section 1.02(a) hereof, then unless the Administrative Agent shall have received notice from a Bank prior to 1:00 p.m. 10:00 a.m. (New York time) on the requested date for the making of any Loans that such Bank will not make available to the Administrative Agent the Loans requested to be made by such Bank on such date, the Administrative Agent may assume that such Bank has made such Loans available to the Administrative Agent on such date in accordance with Section 1.02(b) and the Administrative Agent in its sole discretion may, in reliance upon such assumption, make available to the Borrower on such date a corresponding amount on behalf of such Bank. If and to the extent such Bank shall not have so made available to the Administrative Agent the Loans requested to be made by such Bank on such date and the Administrative Agent shall have so made available to the Borrower a corresponding amount on behalf of such Bank, such Bank shall, on demand, pay to the Administrative Agent such corresponding amount together with interest thereon, for each day from the date such amount shall have been so made available by the Administrative Agent to the Borrower until the date such amount shall have been repaid to the Administrative Agent, at the Federal Funds Rate until (and including) the third Business Day after demand is made and thereafter at the Base Rate. If such Bank does not pay such corresponding amount promptly upon the Administrative Agent's demand therefor, the Administrative Agent may shall promptly notify the Borrower and the such Borrower shall immediately repay such corresponding amount to the Administrative Agent together with accrued interest thereon at the applicable rate or rates provided in Section 1.03(a1.04(a).
(d) All Loans made available to the Administrative Agent in accordance with Section 1.02(b) or Section 1.02(c) shall be disbursed by the Administrative Agent not later than 1:00 p.m. (New York time) on the requested date therefor in Dollars in funds immediately available to the Borrower by credit to an account of the such Borrower at the Administrative Agent's Office or in such other manner as may have been specified in the applicable notice and as shall be acceptable to the Administrative Agent.
Appears in 1 contract