Common use of Manner of Borrowing Clause in Contracts

Manner of Borrowing. Each Revolving Loan shall be made available to the Borrower upon its written request in the form of EXHIBIT B, from any person whose authority to so act has not been revoked by the Borrower in writing previously received by the Bank. Each Revolving Loan may be advanced either as a Prime Loan or a LIBOR Loan, provided, however, that at any time and from time to time, the Borrower may identify no more than five (5) Revolving Loans, which may be LIBOR Loans. A request for a Prime Loan must be received by no later than 12:00 p.m. Chicago, Illinois time, on the day it is to be funded. A request for a LIBOR Loan must be (i) received by no later than 12:00 p.m. Chicago, Illinois time, two days before the day it is to be funded, and (ii) in an amount equal to One Million and 00/100 Dollars ($1,000,000.00) or a higher integral multiple of Five Hundred Thousand and 00/100 Dollars ($500,000.00). If for any reason the Borrower shall fail to select timely an Interest Period for an existing LIBOR Loan, then such LIBOR Loan shall be immediately converted to a Prime Loan on the last Business Day of the then existing Interest Period, all without demand, presentment, protest or notice of any kind, all of which are hereby waived by the Borrower. The proceeds of each Prime Loan or LIBOR Loan shall be made available at the office of the Bank by credit to the account of the Borrower or by other means requested by the Borrower and acceptable to the Bank. The Bank is authorized to rely on the telephonic, telecopy (including facsimile copy) or telegraphic loan requests which the Bank believes in its good faith judgment to emanate from a properly authorized representative of the Borrower, whether or not that is in fact the case. The Borrower does hereby irrevocably confirm, ratify and approve all such forms of loan requests referred to in the aforementioned sentence and advances by the Bank in reasonable reliance thereon and does hereby indemnify the Bank against losses and expenses (including court costs, attorneys' and paralegals' fees) and shall hold the Bank harmless with respect thereto.

Appears in 2 contracts

Samples: Revolving Loan Agreement (Aar Corp), Revolving Loan Agreement (Aar Corp)

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Manner of Borrowing. Each Revolving Loan shall be made available to the Borrower upon its written request in the form of EXHIBIT Brequest, from any person Person whose authority to so act has not been revoked by the Borrower in writing previously received by the Bank. Each Revolving Loan may be advanced either as a Prime Loan or a LIBOR Loan, provided, however, that at any time and from time to time, the Borrower may identify no more than five (5) Revolving Loans, Loans outstanding at any one time which may be LIBOR Loans. A request for a Prime Loan must be received by no later than 12:00 p.m. 11:00 a.m. Chicago, Illinois time, on the day it is to be funded. A request for a LIBOR Loan must be (i) received by no later than 12:00 p.m. 11:00 a.m. Chicago, Illinois time, two days before the day it is to be funded, and (ii) in an amount equal to One Million Two Hundred Fifty Thousand and 00/100 Dollars ($1,000,000.00250,000.00) or a higher integral multiple of Five Two Hundred Fifty Thousand and 00/100 Dollars ($500,000.00250,000.00). If If, for any reason reason, the Borrower shall fail to select timely an Interest Period for an existing LIBOR Loan, then such LIBOR Loan shall be immediately converted to a Prime Loan on the last Business Day of the then existing Interest Period, all without demand, presentment, protest or notice of any kind, all of which are hereby waived by the Borrower. The proceeds of each Prime Loan or LIBOR Loan shall be made available at the office of the Bank by credit to the account of the Borrower or by other means requested by the Borrower and acceptable to the Bank. Each Letter of Credit shall be issued by the Bank upon the execution of the Bank’s standard Master Letter of Credit Agreement by the Borrower and the Bank, and the execution and delivery by the Borrower and the acceptance by the Bank, in its sole discretion, of the Bank’s standard application for Letter of Credit and the payment by the Borrower of the Bank’s fees charged in connection therewith. In addition to all other applicable fees, charges and/or interest payable by the Borrower pursuant to the Master Letter of Credit Agreement or otherwise payable in accordance with the Bank’s standard letter of credit fee schedule, all standby Letters of Credit issued under and pursuant to this Agreement shall bear an annual fee equal to two and one-half percent (2.50%) of the undrawn amount of such standby Letter of Credit, payable by the Borrower on or before the issuance of such Letter of Credit by the Bank and annually thereafter on the same date unless and until (i) such Letter of Credit has expired or has been returned to the Bank, or (ii) the Bank has paid the beneficiary thereunder the full face amount of such Letter of Credit. The Bank is authorized to rely on the telephonicany written, electronic or telecopy (including facsimile copy) or telegraphic loan requests which the Bank believes in its good faith judgment to emanate from a properly authorized representative of the Borrower, whether or not that is in fact the case. The Borrower does hereby irrevocably confirm, ratify and approve all such forms of loan requests referred to in the aforementioned sentence and advances by the Bank in reasonable reliance thereon and does hereby indemnify the Bank against losses and expenses (including court costs, attorneys' and paralegals' fees) and shall hold the Bank harmless with respect thereto.

Appears in 2 contracts

Samples: Loan and Security Agreement (Huron Consulting Group Inc.), Loan and Security Agreement (Huron Consulting Group Inc.)

Manner of Borrowing. Each Revolving Loan shall be made available to the Borrower upon its written request in the form of EXHIBIT Brequest, from any person Person whose authority to so act has not been revoked by the Borrower in writing previously received by the Bank. Each Revolving Loan may be advanced either as a Prime Loan or a LIBOR Loan, provided, however, that at any time and from time to time, the Borrower may identify no more than five (5) Revolving Loans, which may be LIBOR Loans. A request for a Prime Loan must be received by no later than 12:00 p.m. 11:00 a.m. Chicago, Illinois time, on the day it is to be funded. A request for a LIBOR Loan must be (i) received by no later than 12:00 p.m. Chicago, Illinois time, two days before the day it is to be funded, and (ii) in an amount equal to One Million and 00/100 Dollars ($1,000,000.00) or a higher integral multiple of Five Hundred Thousand and 00/100 Dollars ($500,000.00). If for any reason the Borrower shall fail to select timely an Interest Period for an existing LIBOR Loan, then such LIBOR Loan shall be immediately converted to a Prime Loan on the last Business Day of the then existing Interest Period, all without demand, presentment, protest or notice of any kind, all of which are hereby waived by the Borrower. The proceeds of each Prime Loan or LIBOR Loan shall be made available at the office of the Bank by credit to the account of the Borrower or by other means requested by the Borrower and acceptable to the Bank. Each Letter of Credit shall be issued by the Bank pursuant to the Master Letter of Credit Agreement, and the execution and delivery by the Borrower and the acceptance by the Bank, in its sole discretion, of the Bank's standard application for Letter of Credit and the payment by the Borrower of the Bank's fees charged in connection therewith. In addition to all other applicable fees, charges and/or interest payable by the Borrower pursuant to the Master Letter of Credit Agreement or otherwise payable in accordance with the Bank's standard letter of credit fee schedule, all standby Letters of Credit issued under and pursuant to this Agreement shall bear an annual fee equal to one and one-quarter percent (1.25%) of the face amount of such standby Letter of Credit, payable by the Borrower on or before the issuance of such Letter of Credit by the Bank and annually thereafter on the same date unless and until (i) such Letter of Credit has expired or has been returned to the Bank, or (ii) the Bank has paid the beneficiary thereunder the full face amount of such Letter of Credit. All Letters of Credit other than standby Letters of Credit shall bear such fees, costs and interest as charged by the Bank and shall contain such other terms as set forth in the Master Letter of Credit Agreement and the Bank's standard letter of credit fee schedule. The Bank is authorized to rely on the telephonicany written, verbal, electronic, telephonic or telecopy (including facsimile copy) or telegraphic loan requests which the Bank believes in its good faith judgment to emanate from a properly authorized representative of the Borrower, whether or not that is in fact the case. The Borrower does hereby irrevocably confirm, ratify and approve all such forms of loan requests referred to in the aforementioned sentence and advances by the Bank in reasonable reliance thereon and does hereby indemnify the Bank against losses and expenses (including court costs, attorneys' and paralegals' fees) and shall hold the Bank harmless with respect thereto.

Appears in 2 contracts

Samples: Loan and Security Agreement (Arlington Hospitality Inc), Loan and Security Agreement (Arlington Hospitality Inc)

Manner of Borrowing. Each Revolving Loan shall be made available to the Borrower upon its written request in the form of EXHIBIT Brequest, from any person Person whose authority to so act has not been revoked by the Borrower in writing previously received by the Bank. Each Subject to the other provisions of this Agreement, each Revolving Loan may be advanced either as a Prime Loan, a LIBOR Loan or a LIBOR an Alternate Currency Loan, provided, however, that at any time and from time to time, the Borrower may identify no more than five (5) Revolving Loans, Loans which may be either LIBOR Loans or Alternate Currency Loans. A request for a Prime Loan must be received by no later than 12:00 p.m. 11:00 a.m. Chicago, Illinois time, on the day it is to be funded. A request for a LIBOR Loan or an Alternate Currency Loan must be (i) be received by no later than 12:00 p.m. 11:00 a.m. Chicago, Illinois time, two three days before the day it is to be funded, and (ii) state the applicable Interest Period; (iii) identify whether the request is for a LIBOR Loan or an Alternate Currency Loan and if for an Alternate Currency Loan, must identify the Alternate Currency; and (iv) be in an amount equal to One Million and 00/100 Dollars ($1,000,000.00) or a higher integral multiple of Five Hundred Thousand and 00/100 Dollars ($500,000.00) or a higher integral multiple of One Hundred Thousand and 00/100 Dollars ($100,000.00) (or with respect to an Alternate Currency Loan, such approximately comparable amounts as shall result in a rounded number). If for any reason the Borrower shall fail to select timely an Interest Period for an existing LIBOR Loan, then such LIBOR Loan shall be immediately converted to a Prime Loan on the last Business Day of the then existing Interest Period, all without demand, presentment, protest or notice of any kind, all of which are hereby waived by the Borrower. The proceeds of each Prime Loan or LIBOR Loan shall be made available at the office of the Bank by credit to the account of the Borrower or by other means requested by the Borrower and acceptable to the Bank. Each Letter of Credit shall be issued by the Bank upon the execution of the Bank’s standard Master Letter of Credit Agreement by the Borrower and the Bank, and the execution and delivery by the Borrower and the acceptance by the Bank, in its sole discretion, of the Bank’s standard application for Letter of Credit and the payment by the Borrower of the Bank’s fees charged in connection therewith. In addition to all other applicable fees, charges and/or interest payable by the Borrower pursuant to the Master Letter of Credit Agreement or otherwise payable in accordance with the Bank’s standard letter of credit fee schedule, all standby Letters of Credit issued under and pursuant to this Agreement shall bear an annual fee equal to one percent (1.00%) of the face amount of such standby Letter of Credit, payable by the Borrower in quarterly installments as follows: a) the first payment will be due on or before the date of issuance in an amount pro rated for the remaining portion of the calendar quarter in which the Letter of Credit is issued; and b) subsequently quarterly payments will be due in advance on the first day of each calendar quarter occurring during the period in which the Letter of Credit is outstanding. All Letters of Credit other than standby Letters of Credit shall bear such fees, costs and interest as charged by the Bank and shall contain such other terms as set forth in the Master Letter of Credit Agreement and the Bank’s standard letter of credit fee schedule. The Bank is authorized to rely on the telephonicany written, electronic or telecopy (including facsimile copy) or telegraphic loan requests which the Bank believes in its good faith judgment to emanate from a properly authorized representative of the Borrower, whether or not that is in fact the case. The Borrower does hereby irrevocably confirm, ratify and approve all such forms of loan requests referred to in the aforementioned sentence and advances by the Bank in reasonable reliance thereon and does hereby indemnify the Bank against losses and expenses (including court costs, attorneys' and paralegals' fees) and shall hold the Bank harmless with respect thereto.

Appears in 1 contract

Samples: Loan Agreement (Hutchinson Technology Inc)

Manner of Borrowing. Each Revolving Loan shall be made available to the Borrower upon its written request in the form of EXHIBIT Brequest, from any person Person whose authority to so act has not been revoked by the Borrower in writing previously received by the Bank. Each Revolving Loan may be advanced either as a Prime Loan or a LIBOR Loan, as requested by the Borrower, provided, however, that at any time and from time to time, the Borrower may identify no more than five (5) Revolving Loans, Loans which may be LIBOR LoansLoans and no LIBOR Loans may be requested by the Borrower if an Event of Default exists. A request for a Prime Loan must be received by no later than 12:00 p.m. 11:00 a.m. Chicago, Illinois time, on the day it is to be funded. A request for a LIBOR Loan must be (i) received by no later than 12:00 p.m. 11:00 a.m. Chicago, Illinois time, two three (3) days before the day it is to be funded, and (ii) in an amount equal to One Million and 00/100 No/100 Dollars ($1,000,000.00) or a higher integral multiple of Five One Hundred Thousand and 00/100 No/100 Dollars ($500,000.00100,000.00). If for any reason the Borrower shall fail to select timely an Interest Period for an existing LIBOR Loan, then such LIBOR Loan shall be immediately converted to a Prime Loan on the last Business Day of the then existing Interest Period, all without demand, presentment, protest or notice of any kind, all of which are hereby waived by the Borrower. The proceeds of each Prime Loan or LIBOR Loan shall be made available at the office of the Bank by credit to the account of the Borrower or by other means requested by the Borrower and acceptable to the Bank. Each Letter of Credit shall be issued by the Bank upon the execution of the Bank's standard Master Letter of Credit Agreement by the Borrower and the Bank, and the execution and delivery by the Borrower and the acceptance by the Bank of the Bank's standard application for Letter of Credit and the payment by the Borrower of the Bank's customary fees charged in connection therewith. In addition to all other applicable fees, charges and/or interest payable by the Borrower pursuant to the Master Letter of Credit Agreement or otherwise payable in accordance with the Bank's standard letter of credit fee schedule, all Letters of Credit issued under and pursuant to this Agreement shall bear an annual fee equal to three-quarters of one percent (0.75%) of the face amount of such Letter of Credit, payable by the Borrower on or before the issuance of such Letter of Credit by the Bank and annually thereafter on the same date unless and until (i) such Letter of Credit has expired or has been returned to the Bank, or (ii) the Bank has paid the beneficiary thereunder the full face amount of such Letter of Credit. The Bank is authorized to rely on the telephonicany written, verbal, electronic, telephonic or telecopy (including facsimile copy) or telegraphic loan requests which the Bank believes in its reasonable good faith judgment to emanate from a properly authorized representative of the Borrower, whether or not that is in fact the case. The Borrower does hereby irrevocably confirm, ratify and approve all such forms of loan requests referred to in the aforementioned sentence and advances by the Bank in reasonable reliance thereon and does hereby indemnify the Bank against losses and expenses (including court costs, attorneys' and paralegals' fees) and shall hold the Bank harmless with respect thereto.

Appears in 1 contract

Samples: Loan Agreement (Eloyalty Corp)

Manner of Borrowing. Each Revolving Loan shall be made available to the Borrower upon its written request in the form of EXHIBIT Bor verbal request, from any person whose authority to so act has not been revoked by the Borrower in writing previously received by the Bank. Each A request for a Revolving Loan must be received by no later than 11:00 a.m. Chicago, Illinois time, on the day it is to be funded. The proceeds of each Revolving Loan shall be made available at the office of the Bank by credit to the account of the Borrower or by other means requested by the Borrower and acceptable to the Bank. The Term Loan shall be made available to the Borrower, upon its written or verbal request, from any person whose authority to so act has not been revoked by the Borrower in writing previously received by the Bank. The Term Loan may be advanced either as a Prime Loan or a LIBOR Loan, provided, however, that at any time and from time to time, the Borrower may identify no more than five three (53) Revolving Loans, Term Loan advances which may be LIBOR Loans. A request for a Prime Loan must be received by no later than 12:00 p.m. 11:00 a.m. Chicago, Illinois time, on the day it is to be funded. A request for a LIBOR Loan must be (i) received by no later than 12:00 p.m. 11:00 a.m. Chicago, Illinois time, two three (3) days before the day it is to be funded, and (ii) in an amount equal to One Million and 00/100 Dollars ($1,000,000.00) 100,000.00 or a higher integral multiple of Five Hundred Thousand and 00/100 Dollars ($500,000.00)thereof. If for any reason the Borrower shall fail to select timely an Interest Period for an existing LIBOR Loan, then such LIBOR Loan shall be immediately converted to a Prime Loan on the last Business Day of the then existing Interest Period, all without demand, presentment, protest or notice of any kind, all of which are hereby waived by the Borrower. The proceeds of each Prime Loan or LIBOR Loan shall be made available at the office of the Bank by credit to the account of the Borrower or by other means requested by the Borrower and acceptable to the Bank. Each Letter of Credit shall be issued by the Bank upon the execution by the Borrower and the acceptance by the Bank, in its sole discretion, of the Bank's standard application therefor and the payment by the Borrower of the Bank's usual and customary fees in connection therewith. All standby Letters of Credit issued under and pursuant to this Agreement shall bear an annual fee equal to 1.50% of the face amount of such standby Letter of Credit which fee, along with any other applicable fees or interest, shall be payable in accordance with the Bank's standard letter of credit fee schedule. All Letters of Credit other than standby Letters of Credit shall bear such fees and interest and contain such other terms as set forth in the Bank's standard letter of credit fee schedule. The Bank is authorized to rely on the telephonic, telecopy (including facsimile copy) or telegraphic loan requests which the Bank believes in its good faith judgment to emanate from a properly authorized representative of the Borrower, whether or not that is in fact the case. The Borrower does hereby irrevocably confirm, ratify and approve all such forms of loan requests referred to in the aforementioned sentence and advances by the Bank in reasonable reliance thereon and does hereby indemnify the Bank against losses and expenses (including court costs, attorneys' and paralegals' fees) and shall hold the Bank harmless with respect thereto.

Appears in 1 contract

Samples: Loan and Security Agreement (First Horizon Pharmaceutical Corp)

Manner of Borrowing. Each Revolving Loan shall be made available to the Borrower upon its written request in the form of EXHIBIT Brequest, from any person Person whose authority to so act has not been revoked by the Borrower in writing previously received by the Bank. Each Revolving Loan may be advanced either as a Prime Loan or a LIBOR Loan, provided, however, that at any time and from time to time, the Borrower may identify no more than five (5) Revolving Loans, Loans which may be LIBOR Loans. A request for a Prime Loan must be received by no later than 12:00 p.m. 11:00 a.m. Chicago, Illinois time, on the day it is to be funded. A request for a LIBOR Loan must be (i) received by no later than 12:00 p.m. 11:00 a.m. Chicago, Illinois time, two three days before the day it is to be funded, and (ii) in an amount equal to One Million Two Hundred Fifty Thousand and 00/100 Dollars ($1,000,000.00250,000.00) or a higher integral multiple of Five One Hundred Thousand and 00/100 Dollars ($500,000.00100,000.00). If for any reason the Borrower shall fail to select timely an Interest Period for an existing LIBOR Loan, then such LIBOR Loan shall be immediately converted to a Prime Loan on the last Business Day of the then existing Interest Period, all without demand, presentment, protest or notice of any kind, all of which are hereby waived by the Borrower. The proceeds of each Prime Loan or LIBOR Loan shall be made available at the office of the Bank by credit to the account of the Borrower or by other means requested by the Borrower and acceptable to the Bank. Each Letter of Credit shall be issued by the Bank upon the execution of the Bank's standard Master Letter of Credit Agreement by the Borrower and the Bank, and the execution and delivery by the Borrower and the acceptance by the Bank, in its sole discretion, of the Bank's standard application for Letter of Credit and the payment by the Borrower of the Bank's fees charged in connection therewith. In addition to all other applicable fees, charges and/or interest payable by the Borrower pursuant to the Master Letter of Credit Agreement or otherwise payable in accordance with the Bank's standard letter of credit fee schedule, all standby Letters of Credit issued under and pursuant to this Agreement shall bear an annual fee equal to one and one-quarter percent (1.25%) of the face amount of such standby Letter of Credit, payable by the Borrower on or before the issuance of such Letter of Credit by the Bank and annually thereafter on the same date unless and until (i) such Letter of Credit has expired or has been returned to the Bank, or (ii) the Bank has paid the beneficiary thereunder the full face amount of such Letter of Credit. All Letters of Credit other than standby Letters of Credit shall bear such fees, costs and interest as charged by the Bank and shall contain such other terms as set forth in the Master Letter of Credit Agreement and the Bank's standard letter of credit fee schedule. The Bank is authorized to rely on the telephonicany written, verbal, electronic, telephonic or telecopy (including facsimile copy) or telegraphic loan requests which the Bank believes in its good faith judgment to emanate from a properly authorized representative of the Borrower, whether or not that is in fact the case. The Borrower does hereby irrevocably confirm, ratify and approve all such forms of loan requests referred to in the aforementioned sentence and advances by the Bank in reasonable reliance thereon and does hereby indemnify the Bank against losses and expenses (including court costs, attorneys' and paralegals' fees) and shall hold the Bank harmless with respect thereto.

Appears in 1 contract

Samples: Loan and Security Agreement (Arlington Hospitality Inc)

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Manner of Borrowing. Each Revolving Loan shall be made available to the Borrower upon its written request in substantially the form of EXHIBIT BExhibit B hereto, from any person whose authority duly completed. Subject to so act has not been revoked by the Borrower in writing previously received by the Bank. Each terms of Section 2.2 hereof, each Revolving Loan may be advanced either as a Prime Loan or a LIBOR Loan, provided, however, that at any time and from time to time, the Borrower may identify no more than five six (56) Revolving Loans, Loans which may be LIBOR Loans. A request for a Prime Loan must be (a) received by no later than 12:00 p.m. 11:00 a.m. Chicago, Illinois time, on the day it is to be funded, and (b) in an amount equal to $10,000.00 or a higher integral multiple of $5,000.00. A request for a LIBOR Loan must be (ic) received by no later than 12:00 p.m. 11:00 a.m. Chicago, Illinois time, two three days before the day it is to be funded, and (iid) in an amount equal to One Million and 00/100 Dollars ($1,000,000.00) 500,000.00 or a higher integral multiple of Five Hundred Thousand and 00/100 Dollars ($500,000.00). If for any reason the Borrower shall fail to select timely an Interest Period for an existing a LIBOR Loan, then such LIBOR Loan shall be immediately converted to funded as a Prime Loan on the last Business Day of the then existing Interest PeriodLoan, all without demand, presentment, protest or notice of any kind, all of which are hereby waived by subject to the Borrower's right, to the extent permitted hereby, to repay such Loan and reborrow it as a LIBOR Loan. The proceeds of each Prime Loan or LIBOR Loan shall be made available at the office of the Bank by credit to the account of the Borrower or by other means requested by the Borrower and acceptable to the Bank. Each Letter of Credit shall be issued by the Bank upon the execution by the Borrower and the acceptance by the Bank, in its sole discretion, of the Bank's standard application therefor. All standby Letters of Credit issued under and pursuant to this Agreement shall bear an annual fee equal to two percent (2.0%) of the face amount of such standby Letter of Credit, which fee, along with any other applicable fees or interest, shall be payable monthly in arrears on the last day of each month. All Letters of Credit other than standby Letters of Credit shall bear such fees and interest and contain such other terms as are agreed upon by the Borrower and the Bank from time to time. The Bank is authorized to rely on the telephonic, telecopy (including facsimile copy) or telegraphic loan requests which the Bank believes in its reasonable good faith judgment to emanate from a properly authorized representative of the Borrower, whether or not that is in fact the case. The Borrower does hereby irrevocably confirm, ratify and approve all such forms of loan requests referred to in the aforementioned sentence and advances by the Bank in reasonable reliance thereon and does hereby indemnify the Bank against losses and expenses (including court costs, attorneys' and paralegals' fees) and shall hold the Bank harmless with respect thereto.

Appears in 1 contract

Samples: Loan Agreement (Fields MRS Original Cookies Inc)

Manner of Borrowing. Each Revolving Loan shall be made available to the Borrower upon its written request in the form of EXHIBIT Brequest, from any person Person whose authority to so act has not been revoked by the Borrower in writing previously received by the Bank. Each such request shall be effective upon receipt by the Bank and shall be in writing (which may be by telecopy) or by telephone to be promptly confirmed in writing. Each Revolving Loan may be advanced either as a Prime Loan or a LIBOR Loan, provided, however, that at any time and from time to time, the Borrower may identify no more than five nine (59) Revolving Loans, Loans which may be LIBOR Loans. A request for a Prime Loan must be received by no later than 12:00 p.m. 11:00 a.m. Chicago, Illinois time, on the day it is to be funded. A request for a LIBOR Loan must be (i) be received by no later than 12:00 p.m. 11:00 a.m. Chicago, Illinois time, two three days before the day it is to be funded, and (ii) be in an amount equal to One Million and 00/100 Dollars ($1,000,000.001,000,000) or a higher integral multiple of Five One Hundred Thousand and 00/100 Dollars ($500,000.00)100,000) and (iii) specify the applicable Interest Period. If for any reason the Borrower shall fail to select timely an Interest Period for an existing LIBOR Loan, then such LIBOR Loan shall be immediately converted to a Prime Loan on the last Business Day of the then existing Interest Period, all without demand, presentment, protest or notice of any kind, all of which are hereby waived by the Borrower. The Except to the extent such Loan represents a conversion or refunding of an outstanding Loan, the proceeds of each Prime Loan or LIBOR Loan shall be made available at the office of the Bank by credit to the an account of designated by the Borrower or by other means requested by the Borrower and acceptable to the Bank. The Bank is authorized to rely on the telephonic, telecopy (including facsimile copy) or telegraphic loan requests which the Bank believes in its good faith judgment to emanate from a properly authorized representative Each Letter of the Borrower, whether or not that is in fact the case. The Borrower does hereby irrevocably confirm, ratify and approve all such forms of loan requests referred to in the aforementioned sentence and advances Credit shall be issued by the Bank upon the execution of the Bank's standard Master Letter of Credit Agreement by the Borrower and the Bank, and the execution and delivery by the Borrower and the acceptance by the Bank, in its reasonable reliance thereon discretion, of the Bank's standard application for Letter of Credit and does hereby indemnify the payment by the Borrower of the Bank's fees charged in connection therewith as hereinafter provided. For each Letter of Credit issued under and pursuant to this Agreement, the Borrower agrees to pay an annual fee equal to one percent (1.00%) of the maximum face amount of each such Letter of Credit from time to time outstanding, payable by the Borrower on or before the issuance of such Letter of Credit by the Bank against losses and expenses annually thereafter on the same date unless and until (including court costsi) such Letter of Credit has expired or has been returned to the Bank, attorneys' and paralegals' feesor (ii) and shall hold the Bank harmless with respect thereto.has paid the beneficiary thereunder the full face amount of such

Appears in 1 contract

Samples: Loan Agreement (Titan International Inc)

Manner of Borrowing. Each Revolving Loan shall be made available to the Borrower upon its written request in the form of EXHIBIT Brequest, from any person Person whose authority to so act has not been revoked by the Borrower in writing previously received by the Bank. Each Revolving Loan may be advanced either as a Prime Loan or a LIBOR Loan, provided, however, that at any time and from time to time, the Borrower may identify no more than five (5) Revolving Loans, Loans which may be LIBOR Loans. A request for a Prime Loan must be received by no later than 12:00 p.m. 11:00 a.m. Chicago, Illinois time, on the day it is to be funded. A request for a LIBOR Loan must be (i) received by no later than 12:00 p.m. 11:00 a.m. Chicago, Illinois time, two three days before the day it is to be funded, and (ii) in an amount equal to One Million and 00/100 Dollars ($1,000,000.00) or a higher integral multiple of Five Hundred Thousand and 00/100 Dollars ($500,000.00) or a higher integral multiple of One Hundred Thousand and 00/100 Dollars ($100,000.00). If for any reason the Borrower shall fail to select timely an Interest Period for an existing LIBOR Loan, then such LIBOR Loan shall be immediately converted to a Prime Loan on the last Business Day of the then existing Interest Period, all without demand, presentment, protest or notice of any kind, all of which are hereby waived by the Borrower. The proceeds of each Prime Loan or LIBOR Loan shall be made available at the office of the Bank by credit to the account of the Borrower or by other means requested by the Borrower and acceptable to the Bank. Each Letter of Credit shall be issued by the Bank upon the execution of the Bank’s standard Master Letter of Credit Agreement by the Borrower and the Bank, and the execution and delivery by the Borrower and the acceptance by the Bank, in its sole discretion, of the Bank’s standard application for Letter of Credit and the payment by the Borrower of the Bank’s fees charged in connection therewith. In addition to all other applicable fees, charges and/or interest payable by the Borrower pursuant to the Master Letter of Credit Agreement or otherwise payable in accordance with the Bank’s standard letter of credit fee schedule, all standby Letters of Credit issued under and pursuant to this Agreement shall bear an annual fee equal to one and one-quarter percent (1.25%) of the face amount of such standby Letter of Credit, payable by the Borrower in quarterly installments as follows: a) the first payment will be due on or before the date of issuance in an amount pro rated for the remaining portion of the calendar quarter in which the Letter of Credit is issued; and b) subsequently quarterly payments will be due in advance on the first day of each calendar quarter occurring during the period in which the Letter of Credit is outstanding. All Letters of Credit other than standby Letters of Credit shall bear such fees, costs and interest as charged by the Bank and shall contain such other terms as set forth in the Master Letter of Credit Agreement and the Bank’s standard letter of credit fee schedule. The Bank is authorized to rely on the telephonicany written, electronic or telecopy (including facsimile copy) or telegraphic loan requests which the Bank believes in its good faith judgment to emanate from a properly authorized representative of the Borrower, whether or not that is in fact the case. The Borrower does hereby irrevocably confirm, ratify and approve all such forms of loan requests referred to in the aforementioned sentence and advances by the Bank in reasonable reliance thereon and does hereby indemnify the Bank against losses and expenses (including court costs, attorneys' and paralegals' fees) and shall hold the Bank harmless with respect thereto.

Appears in 1 contract

Samples: Loan Agreement (Hutchinson Technology Inc)

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