Common use of Notice of Borrowing Clause in Contracts

Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic notice promptly confirmed in writing) to the Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender’s share of any borrowing to be made pursuant thereto.

Appears in 5 contracts

Samples: Credit Agreement (Lincare Holdings Inc), Pledge Agreement (Lincare Holdings Inc), Pledge Agreement (Lincare Holdings Inc)

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Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic notice promptly confirmed in writing) to the Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender’s 's share of any borrowing to be made pursuant thereto.

Appears in 5 contracts

Samples: Credit Agreement (Vestar Sheridan Inc), Credit Agreement (Lincare Holdings Inc), Credit Agreement (Lincare Holdings Inc)

Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by delivering a written notice Notice of Borrowing (or telephonic telephone notice promptly confirmed in writingwriting by delivery of a written Notice of Borrowing, which delivery may be by fax) to the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Alternate Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar LIBOR Rate Loans. Each such request for borrowing Notice of Borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, borrowed and (D) whether the borrowing shall be comprised of Alternate Base Rate Loans, Eurodollar LIBOR Rate Loans or a combination thereof, and if Eurodollar LIBOR Rate Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I1) an applicable Interest Period in the case of a Eurodollar LIBOR Rate Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II2) the type Type of Revolving Loan requested, then such notice shall be deemed to be a request for a an Alternate Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Revolving Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i)Borrowing, the contents thereof and each such Revolving Lender’s share of any borrowing to be made pursuant theretothereof.

Appears in 4 contracts

Samples: Credit Agreement (Mednax, Inc.), Credit Agreement (Mednax, Inc.), Credit Agreement (Impax Laboratories Inc)

Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic notice notice, which may be given by telephone and promptly confirmed in writing) to . Each such notice must be received by the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina timei) 12:00 noon on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third (ii) 11:00 A.M. three Business Day Days prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable irrevocable, executed by a Financial Officer of the Borrower and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender’s share of any borrowing to be made pursuant thereto.

Appears in 4 contracts

Samples: Credit Agreement (Autozone Inc), Credit Agreement (Autozone Inc), Credit Agreement (Autozone Inc)

Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writingwriting which confirmation may be by fax) to the Agent not later than 11:00 10:30 A.M. (CharlotteMilwaukee, North Carolina Wisconsin time) on the Business Day prior to the date of the requested borrowing in the case of Base Prime Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Prime Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. A form of Notice of Borrowing a ("Notice of Borrowing") is attached as Exhibit 2.1(b)(i). If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Prime Rate Loan hereunder. The Agent shall give notice to each affected Lender (promptly upon receipt of each Notice of Borrowing, and in any event not later than 12:00 noon, Milwaukee, Wisconsin time, with respect to any Notice of Borrowing delivered to the Agent pursuant to this Section 2.1(b)(i), section) of the contents thereof and each such Lender’s 's share of any borrowing to be made pursuant theretothereof.

Appears in 4 contracts

Samples: Credit Agreement (C2 Inc), Credit Agreement (Oshkosh Truck Corp), Credit Agreement (C2 Inc)

Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by delivering a written notice Notice of Borrowing (or telephonic telephone notice promptly confirmed in writingwriting by delivery of a written Notice of Borrowing, which delivery may be by fax) to the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Alternate Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar LIBOR Rate Loans. Each such request for borrowing Notice of Borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, borrowed and (D) whether the borrowing shall be comprised of Alternate Base Rate Loans, Eurodollar LIBOR Rate Loans or a combination thereof, and if Eurodollar LIBOR Rate Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I1) an applicable Interest Period in the case of a Eurodollar LIBOR Rate Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II2) the type Type of Revolving Loan requested, then such notice shall be deemed to be a request for a an Alternate Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Revolving Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i)Borrowing, the contents thereof and each such Revolving Lender’s share of any borrowing to be made pursuant theretothereof.

Appears in 4 contracts

Samples: Credit Agreement (New Century Transportation, Inc.), Credit Agreement (Bravo Brio Restaurant Group, Inc.), Credit Agreement (Eclipsys Corp)

Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writing) to the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender’s 's share of any borrowing to be made pursuant thereto.

Appears in 4 contracts

Samples: Credit Agreement (Navigant International Inc), Credit Agreement (School Specialty Inc), Credit Agreement (Correctional Services Corp)

Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by delivering a written notice Notice of Borrowing (or telephonic telephone notice promptly confirmed in writingwriting by delivery of a written Notice of Borrowing, which delivery may be by fax) to the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina time) 2:00 p.m. on the Business Day prior to the date of the requested borrowing in the case of Alternate Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar LIBOR Rate Loans. Each such request for borrowing Notice of Borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, borrowed and (D) whether the borrowing shall be comprised of Alternate Base Rate Loans, Eurodollar LIBOR Rate Loans or a combination thereof, and if Eurodollar LIBOR Rate Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I1) an applicable Interest Period in the case of a Eurodollar LIBOR Rate Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II2) the type Type of Revolving Loan requested, then such notice shall be deemed to be a request for a an Alternate Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Revolving Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i)Borrowing, the contents thereof and each such Revolving Lender’s share of any borrowing to be made pursuant theretothereof.

Appears in 4 contracts

Samples: Credit Agreement (Mednax, Inc.), Credit Agreement (Mednax, Inc.), Credit Agreement (Mednax, Inc.)

Notice of Borrowing. The Borrower shall may request a Revolving Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writingwriting which confirmation may be by fax) to the Administrative Agent not later than 11:00 A.M. 1:00 p.m. (CharlotteHouston, North Carolina Texas time) on the Business Day prior to the date of the requested borrowing in the case of Alternate Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar LIBOR Rate Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, borrowed and (D) whether the borrowing shall be comprised of Alternate Base Rate Loans, Eurodollar LIBOR Rate Loans or a combination thereof, and if Eurodollar LIBOR Rate Loans are requested, the Interest Period(s) therefor. A form of Notice of Borrowing (a “Notice of Borrowing”) is attached as Schedule 2.1(b)(i). If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar LIBOR Rate Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base one (1) month LIBOR Rate Loan hereunder. The Administrative Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i)Borrowing, the contents thereof and each such Lender’s share of any borrowing to be made pursuant theretothereof.

Appears in 3 contracts

Samples: Credit Agreement (Consolidated Graphics Inc /Tx/), Credit Agreement (Consolidated Graphics Inc /Tx/), Credit Agreement (Consolidated Graphics Inc /Tx/)

Notice of Borrowing. The (a) Whenever the Borrower shall request desires to incur a Revolving Loan borrowing by Loan, it shall give the Agent, prior to 12:00 noon (Cleveland time), at least three (3) Cleveland Banking Days’ prior written notice (or telephonic notice promptly confirmed in writing) of each Revolving Loan to be subject to the Agent not later than 11:00 A.M. LIBOR Rate Option and at least one (Charlotte, North Carolina time1) on the Business Day Cleveland Banking Days’ prior written notice (or telephonic notice promptly confirmed in writing) of each Revolving Loan to be subject to the date of the requested borrowing in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar LoansOption. Each such request for borrowing notice (each, a “Notice of Borrowing” a form of which is attached hereto as Exhibit F) shall be irrevocable and shall appropriately completed to specify (Ai) that a the aggregate principal amount of each Revolving Loan is requestedto be made, which shall be an amount equal to an integral multiple of Five Hundred Thousand Dollars ($500,000), (Bii) the date of the requested borrowing such Revolving Loan(s) shall be made (which shall be a Business Day)Cleveland Banking Day and, (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar LoanRevolving Loan based on the LIBOR Rate Option, then such notice a London Banking Day), and (iii) whether the Revolving Loan(s) shall be deemed subject to the Base Rate Option or the Libor Rate Option and, in the latter case, the Interest Period to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunderinitially applicable thereto. The Agent shall promptly give each Bank written notice to each affected Lender (or telephonic notice promptly upon receipt confirmed in writing) of each proposed Revolving Loan, of such Bank’s Pro rata share thereof and of the other matters covered by the Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender’s share of any borrowing to be made pursuant theretoBorrowing.

Appears in 3 contracts

Samples: Credit Agreement (Forest City Enterprises Inc), Credit Agreement (Forest City Enterprises Inc), Credit Agreement (Forest City Enterprises Inc)

Notice of Borrowing. The (a) Whenever Borrowers desire funding of a Borrowing of Revolver Loans, Borrower Agent shall request give Agent a Revolving Loan borrowing Notice of Borrowing. Such notice must be received by written notice (or telephonic notice promptly confirmed in writing) to the Agent not no later than 11:00 A.M. 12:00 noon (Charlotte, North Carolina timei) on the Business Day prior to the date of the requested borrowing funding date, in the case of Base Rate Loans, and on the third (ii) at least three Business Day Days prior to the date of the requested borrowing funding date, in the case of Eurodollar LIBOR Loans. Notices received after 12:00 noon shall be deemed received on the next Business Day. Each such request for borrowing Notice of Borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requestedthe amount of the Borrowing, (B) the requested funding date of the requested borrowing (which shall must be a Business Day), (C) whether the aggregate Borrowing is of Tranche A Revolver Loans or Tranche B Revolver Loans; provided that such Borrowing shall be Tranche A Revolver Loans unless, prior to the Tranche B Revolver Termination Date, the outstanding principal amount of Tranche B Revolver Loans is less than the Tranche B Maximum Amount, in which case up to an amount equal to the Tranche B Maximum Amount minus the outstanding principal amount of Tranche B Revolver Loans of such Borrowing shall be borrowedTranche B Revolver Loans, and the remaining amount of such Borrowing shall be Tranche A Revolver Loans, (D) whether the borrowing shall Borrowing is to be comprised of made as Base Rate Loans or LIBOR Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s(E) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar LoanLIBOR Loans, then such notice the duration of the applicable Interest Period (which shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i30 days if not specified), the contents thereof and each such Lender’s share of any borrowing to be made pursuant thereto.

Appears in 3 contracts

Samples: Loan and Security Agreement (Olympic Steel Inc), Loan and Security Agreement (Olympic Steel Inc), Loan and Security Agreement (Olympic Steel Inc)

Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic notice promptly confirmed in writing) to the Administrative Agent not later than 11:00 A.M. 12:00 Noon (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third second Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender’s 's share of any borrowing to be made pursuant thereto.

Appears in 3 contracts

Samples: Credit Agreement (Tractor Supply Co /De/), Credit Agreement (Tractor Supply Co /De/), Credit Agreement (Tractor Supply Co /De/)

Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice notice, which may be given by (A) telephone, or (B) a Notice of Borrowing; provided that any telephonic notice promptly must be confirmed in writing) immediately by delivery to the Administrative Agent of a Notice of Borrowing. Each such Notice of Borrowing must be received by the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina timei) 2:00 P.M. on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third (ii) 1:00 P.M. three Business Day Days prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable irrevocable, executed by a Financial Officer of the Borrower and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender’s share of any borrowing to be made pursuant thereto.

Appears in 3 contracts

Samples: Credit Agreement (Autozone Inc), 364 Day Credit Agreement (Autozone Inc), Day Credit Agreement (Autozone Inc)

Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by delivering a written notice Notice of Borrowing (or telephonic telephone notice promptly confirmed in writingwriting by delivery of a written Notice of Borrowing, which delivery may be by fax) to the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Alternate Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar LIBOR Rate Loans. Each such request for borrowing Notice of Borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, borrowed and (D) whether the borrowing shall be comprised of Alternate Base Rate Loans, Eurodollar LIBOR Rate Loans or a combination thereof, and if Eurodollar LIBOR Rate Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I1) an applicable Interest Period in the case of a Eurodollar LIBOR Rate Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II2) the type Type of Revolving Loan requested, then such notice shall be deemed to be a request for a an Alternate Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i)Borrowing, the contents thereof and each such Lender’s share of any borrowing to be made pursuant theretothereof.

Appears in 3 contracts

Samples: Credit Agreement (Carrols Restaurant Group, Inc.), Credit Agreement (Carrols Restaurant Group, Inc.), Credit Agreement (Fiesta Restaurant Group, Inc.)

Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice delivering a Notice of Borrowing (or telephonic telephone notice promptly confirmed in writingwriting through a Notice of Borrowing) to the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Alternate Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar LIBOR Rate Loans. Each such request for borrowing Notice of Borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Alternate Base Rate Loans, Eurodollar LIBOR Rate Loans or a combination thereof, and if Eurodollar LIBOR Rate Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I1) an applicable Interest Period in the case of a Eurodollar LIBOR Rate Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II2) the type Type of Revolving Loan requested, then such notice shall be deemed to be a request for a Alternate Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Lender Lender, promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), of the contents thereof and of each such Lender’s 's share of any borrowing to be made pursuant thereto.

Appears in 3 contracts

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

Notice of Borrowing. The Borrower shall may request a Revolving Loan borrowing by delivering a written notice Notice of Borrowing (or telephonic telephone notice promptly confirmed in writingwriting by delivery of a written Notice of Borrowing, which delivery may be by fax) to the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Alternate Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar LIBOR Rate Loans. Each such request for borrowing Notice of Borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, borrowed and (D) whether the borrowing shall be comprised of Alternate Base Rate Loans, Eurodollar LIBOR Rate Loans or a combination thereof, and if Eurodollar LIBOR Rate Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I1) an applicable Interest Period in the case of a Eurodollar LIBOR Rate Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II2) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a an Alternate Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Revolving Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i)Borrowing, the contents thereof and each such Revolving Lender’s share of any borrowing to be made pursuant theretothereof.

Appears in 3 contracts

Samples: Credit Agreement (Nci Building Systems Inc), Credit Agreement (Nci Building Systems Inc), Credit Agreement (Nci Building Systems Inc)

Notice of Borrowing. The Borrower shall may request a Revolving Loan borrowing by delivering a written notice Notice of Borrowing (or telephonic telephone notice promptly confirmed in writingwriting by delivery of a written Notice of Borrowing, which delivery may be by fax) to the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina time) 1:00 P.M. on the Business Day prior to the date of the requested borrowing in the case of Alternate Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar LIBOR Rate Loans. Each such request for borrowing Notice of Borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, borrowed and (D) whether the borrowing shall be comprised of Alternate Base Rate Loans, Eurodollar LIBOR Rate Loans or a combination thereof, and if Eurodollar LIBOR Rate Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I1) an applicable Interest Period in the case of a Eurodollar LIBOR Rate Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II2) the type Type of Revolving Loan requested, then such notice shall be deemed to be a request for a an Alternate Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Revolving Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i)Borrowing, the contents thereof and each such Revolving Lender’s share of any borrowing to be made pursuant theretothereof.

Appears in 3 contracts

Samples: Credit Agreement (Gencorp Inc), Credit Agreement (Gencorp Inc), Credit Agreement (Gencorp Inc)

Notice of Borrowing. The (a) Whenever Borrower desires funding of a Borrowing of Revolver Loans, Borrower shall request give Agent a Revolving Loan borrowing Notice of Borrowing. Such notice must be received by written notice (or telephonic notice promptly confirmed in writing) to the Agent not no later than 11:00 A.M. a.m. (Charlotte, North Carolina timeCentral Time) (i) on the Business Day prior to the date of the requested borrowing funding date, in the case of Base Rate Loans, and on the third (ii) at least three Business Day Days prior to the date of the requested borrowing funding date, in the case of Eurodollar LIBOR Loans. Each such request for borrowing Notices received after 11:00 a.m. (Central Time) shall be irrevocable and deemed received on the next Business Day. Each Notice of Borrowing shall be irrevocable, shall specify (A1) that a Revolving Loan is requestedthe amount of the Borrowing, (B2) the requested funding date of the requested borrowing (which shall must be a Business Day), (C3) whether the aggregate Borrowing is of Tranche A Revolver Loans or Tranche B Revolver Loans; provided that such Borrowing shall be Tranche A Revolver Loans unless the outstanding principal amount of Tranche B Revolver Loans is less than the Tranche B Maximum Amount, in which case up to an amount equal to the Tranche B Maximum Amount minus the outstanding principal amount of Tranche B Revolver Loans of such Revolver Loans shall be Tranche B Revolver Loans, and the remaining amount of such Revolver Loans shall be Tranche A Revolver Loans, (4) whether the Borrowing is to be borrowedmade as Base Rate Loans or LIBOR Loans, and (D5) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar LoanLIBOR Loans, then such notice the duration of the applicable Interest Period (which shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i30 days if not specified), the contents thereof and each such Lender’s share of any borrowing to be made pursuant thereto.

Appears in 3 contracts

Samples: Loan and Security Agreement (Ak Steel Holding Corp), Loan and Security Agreement (Ak Steel Holding Corp), Loan and Security Agreement (Ak Steel Holding Corp)

Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writing) to the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Eurodollar Loan hereunderwith an Interest Period of one month. The Administrative Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender’s 's share of any borrowing to be made pursuant thereto.

Appears in 3 contracts

Samples: Credit Agreement (United Dominion Realty Trust Inc), Day Credit Agreement (United Dominion Realty Trust Inc), Credit Agreement (United Dominion Realty Trust Inc)

Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic notice promptly confirmed in writing) to the Agent not later than 11:00 A.M. 12:30 P.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender’s 's share of any borrowing to be made pursuant thereto.

Appears in 3 contracts

Samples: Credit Agreement (Mg Waldbaum Co), Credit Agreement (Mg Waldbaum Co), Credit Agreement (Michael Foods Inc /Mn)

Notice of Borrowing. The Borrower Airgas (by its duly authorized officers or representatives) shall request a Revolving U.S. Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writing) to the U.S. Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of U.S. Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving U.S. Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of U.S. Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower Airgas shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving U.S. Loan requested, then such notice shall be deemed to be a request for a U.S. Base Rate Loan hereunder. The U.S. Agent shall give notice to each affected U.S. Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), specifying the contents thereof and each such U.S. Lender’s 's share of any borrowing to be made pursuant thereto.

Appears in 2 contracts

Samples: Credit Agreement (Airgas Inc), Credit Agreement (Airgas Inc)

Notice of Borrowing. The (a) Whenever a Borrower desires to make a ------------------- Borrowing hereunder, it shall request a Revolving Loan borrowing by written notice (or telephonic notice promptly confirmed in writing) to give the Agent at its Notice Office by telephone a Notice of Borrowing (i) in the case of a Quoted Rate Loan not later than 11:00 A.M. 10:00 a.m. (Charlotte, North Carolina New York time) on the Business Day prior day before such Loan is to the date of the requested borrowing be made and (ii) in the case of Base Rate Loans, and on the third a Eurocurrency Loan at least three Business Day Days prior to the proposed date of the requested borrowing Borrowing, which shall be a Business Day; provided that any such Notice -------- of Borrowing in the case respect of Eurodollar Loansa Borrowing shall be deemed to have been given on a certain day only if given before 12:00 noon (New York time) on such day. Each such request for borrowing Notice of Borrowing, except as otherwise expressly provided in Section 2.09, shall be irrevocable and shall specify (A) that a Revolving the Type of Loan is requestedto be made pursuant to such Borrowing, (B) the aggregate principal amount of such Loan, the date of the requested borrowing such Borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowedLoan Currency and, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Eurocurrency Loan, then such notice shall be deemed to be a request for an the duration of the Interest Period applicable thereto and, in the case of one montha Quoted Rate Loan, or (II) the type term of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunderLoan. The Agent shall promptly give each Bank notice of such proposed Borrowing, of such Bank's proportionate share thereof, and of the other matters required by the immediately preceding sentence to each affected Lender promptly upon receipt of each be specified in the Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender’s share of any borrowing to be made pursuant theretoBorrowing.

Appears in 2 contracts

Samples: Credit Agreement (Alco Standard Corp), Credit Agreement (Ikon Office Solutions Inc)

Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writing) to the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Alternate Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar LIBOR Rate Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Alternate Base Rate Loans, Eurodollar LIBOR Rate Loans or a combination thereof, and if Eurodollar LIBOR Rate Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I1) an applicable Interest Period in the case of a Eurodollar LIBOR Rate Loan, then such notice shall be deemed to be a request for an Interest Period of one (1) month, or (II2) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Alternate Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender’s share of any borrowing to be made pursuant thereto.

Appears in 2 contracts

Samples: Credit Agreement (Dycom Industries Inc), Credit Agreement (Dycom Industries Inc)

Notice of Borrowing. The Borrower Xxxx shall request a Revolving Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writing) to the Agent not later than 11:00 A.M. 12:00 Noon (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower Xxxx shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunderLoan. The Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender’s 's share of any borrowing to be made pursuant thereto.

Appears in 2 contracts

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

Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writing) to the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date day of the requested borrowing borrowing, which shall be a Business Day, in the case of Alternate Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar LIBOR Rate Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Alternate Base Rate Loans, Eurodollar LIBOR Rate Loans or a combination thereof, and if Eurodollar LIBOR Rate Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar LIBOR Rate Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Alternate Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender’s 's share of any borrowing to be made pursuant thereto.

Appears in 2 contracts

Samples: Credit Agreement (Dial Corp /New/), Day Credit Agreement (Dial Corp /New/)

Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic notice promptly confirmed in writing) to the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender’s 's share of any borrowing to be made pursuant thereto.

Appears in 2 contracts

Samples: Credit Agreement (Delta Woodside Industries Inc /Sc/), Credit Agreement (Unifi Inc)

Notice of Borrowing. The Borrower shall Company may request a Revolving Loan borrowing by delivering a written notice Notice of Borrowing (or telephonic telephone notice promptly confirmed in writingwriting by delivery of a written Notice of Borrowing, which delivery may be by fax) to the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina time) a.m. on the Business Day prior to the date of the requested borrowing in the case of Alternate Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar LoansLIBOR Rate Loans denominated in U.S. Dollars. Each such request for borrowing Notice of Borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, borrowed and (D) whether the borrowing shall be comprised of Alternate Base Rate Loans, Eurodollar LIBOR Rate Loans or a combination thereof, and if Eurodollar LIBOR Rate Loans are requested, the Interest Period(s) therefor. If the Borrower Company shall fail to specify in any such Notice of Borrowing (I1) an applicable Interest Period in the case of a Eurodollar LIBOR Rate Loan, then such notice shall be deemed to be a request for an Interest Period of one (1) month, or (II2) the type Type of Revolving Loan requested, then such notice shall be deemed to be a request for a an Alternate Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected U.S. Revolving Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i)Borrowing, the contents thereof and each such U.S. Revolving Lender’s share of any borrowing to be made pursuant theretothereof.

Appears in 2 contracts

Samples: Security Agreement (Rock-Tenn CO), Credit Agreement (Rock-Tenn CO)

Notice of Borrowing. The Borrower shall request a Revolving an Acquisition Loan borrowing by written notice (or telephonic notice promptly confirmed in writing) to the Agent not later than 11:00 A.M. 12:00 Noon (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) be irrevocable, (B) specify (1) that a Revolving an Acquisition Loan is requested, (B2) the date of the requested borrowing (which shall be a Business Day), (C3) the aggregate principal amount to be borrowed, and (D4) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefortherefor and (C) be accompanied by a certificate of the chief financial of the Borrower describing in reasonable detail the Permitted Acquisition to which such requested borrowing relates. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Acquisition Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i2.3(b)(i), the contents thereof and each such Lender’s 's share of any borrowing to be made pursuant thereto.

Appears in 2 contracts

Samples: Credit Agreement (Insight Health Services Corp), Credit Agreement (Insight Health Services Corp)

Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing that the Loans be made on the Closing Date by written notice (a “Notice of Borrowing”) (or telephonic telephone notice promptly confirmed in writing, which confirmation may be by fax) to the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing Closing Date in the case of Base Rate Loans, Loans and on the third second Business Day prior to the date of the requested borrowing Closing Date in the case of Eurodollar LIBOR Rate Loans. Each such request for borrowing The Notice of Borrowing shall be irrevocable and shall specify (A) that a the Existing Revolving Loan is requestedLoans, after giving effect to the Closing Payment, are to be converted into Loans as set forth in Section 2.1(a), (B) the date of the requested borrowing Closing Date (which shall be a Business Day), and (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing Loans shall be comprised of Base Rate Loans, Eurodollar LIBOR Rate Loans or a combination thereof, and and, if Eurodollar Loans are requestedapplicable, the Interest Period(s) therefor. A form of Notice of Borrowing is attached as Exhibit B. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar LIBOR Rate Loan, then such notice shall be deemed to be a request for an Interest Period of one month, month or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender’s share of any borrowing to be made pursuant thereto.

Appears in 2 contracts

Samples: Credit Agreement (American Capital, LTD), Credit Agreement (American Capital, LTD)

Notice of Borrowing. The Dutch Borrower shall request the Term Loan B by delivering to the Administrative Agent a Revolving Loan borrowing by written notice Notice of Borrowing (or telephonic telephone notice promptly confirmed in writing) writing by delivering to the Administrative Agent a Notice of Borrowing, which delivery may be by fax) not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of Closing Date (or at such later time as agreed to by the requested borrowing Administrative Agent) in the case of Alternate Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing Closing Date in the case of Eurodollar LIBOR Rate Loans. Each such request for borrowing Such Notice of Borrowing shall be irrevocable and shall specify (A) that a Revolving the Term Loan B is requested, (B) the date of the requested borrowing (which shall be a Business Day), the Closing Date) and (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Alternate Base Rate Loans, Eurodollar LIBOR Rate Loans or a combination thereof, and if Eurodollar LIBOR Rate Loans are requested, the Interest Period(s) therefor. If the Dutch Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar LIBOR Rate Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a an Alternate Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Term Loan B Lender promptly upon receipt of each such Notice of Borrowing pursuant to this Section 2.1(b)(i)Borrowing, the contents thereof and each such Term Loan B Lender’s share of any borrowing to be made pursuant theretothereof.

Appears in 2 contracts

Samples: Credit Agreement (Alliance One International, Inc.), Credit Agreement (Alliance One International, Inc.)

Notice of Borrowing. The Borrower Partnership shall request a Revolving Loan borrowing by delivering a written notice Notice of Borrowing (or telephonic telephone notice promptly confirmed in writingwriting by delivery of a written Notice of Borrowing, which delivery may be by fax) to the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Alternate Base Rate Loans, and on the third (3rd) Business Day prior to the date of the requested borrowing in the case of Eurodollar LIBOR Rate Loans. Each such request for borrowing Notice of Borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Alternate Base Rate Loans, Eurodollar LIBOR Rate Loans or a combination thereof, and if Eurodollar LIBOR Rate Loans are requested, the Interest Period(s) therefortherefor and (E) which Borrower is requesting such borrowing. If the Borrower Partnership shall fail to specify in any such Notice of Borrowing (I1) an applicable Interest Period in the case of a Eurodollar LIBOR Rate Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II2) the type Type of Revolving Loan requested, then such notice shall be deemed to be a request for a an Alternate Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Revolving Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i)Borrowing, the contents thereof and each such Revolving Lender’s share of any borrowing to be made pursuant theretothereof.

Appears in 2 contracts

Samples: Credit Agreement (CrossAmerica Partners LP), Credit Agreement and Consent (CrossAmerica Partners LP)

Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice delivering a Notice of Borrowing (or telephonic telephone notice promptly confirmed in writingwriting by delivery of a Notice of Borrowing, which delivery may be by fax) to the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Alternate Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar LIBOR Rate Loans. Each such request for borrowing Notice of Borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, borrowed and (D) whether the borrowing shall be comprised consist of an Alternate Base Rate Loans, Eurodollar Loans Loan or a combination thereofLIBOR Rate Loan, and if Eurodollar Loans are a LIBOR Rate Loan is requested, the Interest Period(s) Period therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I1) an applicable Interest Period in the case of a Eurodollar LIBOR Rate Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II2) the type Type of Revolving Loan requested, then such notice shall be deemed to be a request for a an Alternate Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Revolving Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i)Borrowing, the contents thereof and each such Revolving Lender’s 's share of any borrowing to be made pursuant theretothereof.

Appears in 2 contracts

Samples: Credit Agreement (Belden CDT Inc.), Credit Agreement (Belden Inc.)

Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writing) to the Administrative Agent not later than 11:00 11:30 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and not later than 2:00 P.M. on the third second Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable irrevocable, executed by a Financial Officer of the Borrower and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender’s 's share of any borrowing to be made pursuant thereto.

Appears in 2 contracts

Samples: Day Credit Agreement (Autozone Inc), Credit Agreement (Autozone Inc)

Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writingwriting which confirmation may be by fax) to the Administrative Agent not later than 11:00 A.M. 12:00 Noon (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Alternate Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar LIBOR Rate Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Alternate Base Rate Loans, Eurodollar LIBOR Rate Loans or a combination thereof, and if Eurodollar LIBOR Rate Loans are requested, the Interest Period(s) therefor. A form of Notice of Borrowing (a “Notice of Borrowing”) is attached as Schedule 2.1(b)(i). If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar LIBOR Rate Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a an Alternate Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i)Borrowing, the contents thereof and each such Lender’s share of any borrowing to be made pursuant theretothereof.

Appears in 2 contracts

Samples: Credit Agreement (International Speedway Corp), Credit Agreement (International Speedway Corp)

Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by delivering written notice (or telephonic notice promptly confirmed in writing) to the Agent Lender not later than 11:00 A.M. AM (CharlotteAustin, North Carolina Texas time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar LIBOR Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Borrower elects to borrow at the Base Rate Loans, Eurodollar Loans or a combination thereofthe LIBOR-Based Rate, and (E) if Eurodollar Loans are requesteda LIBOR-Based Rate loan is selected by the Borrower, the LIBOR Interest Period(s) therefortherefor (it being understood that, for purposes hereof, LIBOR Loans with different LIBOR Interest Periods shall be considered as separate LIBOR Loans, even if they begin on the same date, although borrowings and extensions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new LIBOR Loan with a single LIBOR Interest Period). If With respect to Loans only, if the Borrower shall fail to specify an applicable LIBOR Interest Period in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar LoanBorrowing, then such notice shall be deemed to be a request for an Interest Period of one (1) month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender’s share of any borrowing to be made pursuant thereto.

Appears in 2 contracts

Samples: Loan Agreement (National Instruments Corp), Loan Agreement (National Instruments Corp /De/)

Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic notice promptly confirmed in writing) to the Administrative Agent not later than 11:00 A.M. 12:00 Noon (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third second Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender’s share of any borrowing to be made pursuant thereto.

Appears in 2 contracts

Samples: Credit Agreement (Tractor Supply Co /De/), Credit Agreement (Tractor Supply Co /De/)

Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by delivering a written notice Notice of Borrowing (or telephonic telephone notice promptly confirmed in writingwriting by delivery of a written Notice of Borrowing, which delivery may be by fax or email) to the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Alternate Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar SOFR Loans, or such shorter time as the Administrative Agent may agree to. Each such request for borrowing Notice of Borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, borrowed and (D) whether the borrowing shall be comprised of Alternate Base Rate Loans, Eurodollar SOFR Loans or a combination thereof, and if Eurodollar SOFR Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I1) an applicable Interest Period in the case of a Eurodollar SOFR Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II2) the type Type of Revolving Loan requested, then such notice shall be deemed to be a request for a an Alternate Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Revolving Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i)Borrowing, the contents thereof and each such Revolving Lender’s share of any borrowing to be made pursuant theretothereof.

Appears in 2 contracts

Samples: Credit Agreement (Fluent, Inc.), Credit Agreement (Fluent, Inc.)

Notice of Borrowing. The Borrower Each Borrowing, each conversion of Loans from one Type to the other, and each continuation of Eurodollar Rate Loans shall request be made upon the Borrower’s irrevocable notice to the Lender, which may be given by (i) telephone or (ii) a Revolving Loan borrowing by written notice (or Notice; provided that any telephonic notice promptly must be confirmed in writing) immediately by delivery to the Agent Lender of a Loan Notice. Each such notice must be received by the Lender not later than 11:00 A.M. a.m. (Charlotte, North Carolina timei) on the three (3) Business Day Days prior to the requested date of the requested borrowing in the case any Borrowing of, conversion to or continuation of Eurodollar Rate Loans or of any conversion of Eurodollar Rate Loans to Base Rate Loans, and (ii) on the third requested date of any Borrowing of Base Rate Loans; provided, however, that if the Borrower wishes to request Eurodollar Rate Loans having an Interest Period other than one (1), two (2), three (3) or six (6) months in duration as provided in the definition of “Interest Period”, the applicable notice must be received by the Lender not later than 11:00 a.m. four (4) Business Day Days prior to the requested date of such Borrowing, conversion or continuation. Not later than 11:00 a.m., three (3) Business Days before the requested borrowing in date of such Borrowing, conversion or continuation, the case Lender shall notify the Borrower (which notice may be by telephone) whether or not the requested Interest Period is available. Each Borrowing of, conversion to or continuation of Eurodollar LoansRate Loans shall be, unless otherwise agreed by Lender, in a principal amount of $2,500,000 or a whole multiple of $500,000 in excess thereof. Except as provided in Section 2.03(c), each Borrowing of or conversion to Base Rate Loans shall be, unless otherwise agreed by Lender, in a principal amount of $500,000 or a whole multiple of $100,000 in excess thereof. Each such request for borrowing shall be irrevocable and Loan Notice shall specify (A) that whether the Borrower is requesting a Revolving Loan is requestedBorrowing, a conversion of Loans from one Type to the other, or a continuation of Loans, (B) the requested date of the requested borrowing Borrowing, conversion or continuation (which shall be a Business Day), (C) the aggregate principal amount of Loans to be borrowed, and converted or continued, (D) whether the borrowing shall Type of Loans to be comprised of Base Rate Loans, Eurodollar borrowed or to which existing Loans or a combination thereofare to be converted, and (E) if Eurodollar Loans are requestedapplicable, the duration of the Interest Period(s) thereforPeriod with respect thereto. If the Borrower shall fail fails to specify a Type of Loan in a Loan Notice or if the Borrower fails to give a timely notice requesting a conversion or continuation, then the applicable Loans shall be made as, or converted to, Base Rate Loans. Any such automatic conversion to Base Rate Loans shall be effective as of the last day of the Interest Period then in effect with respect to the applicable Eurodollar Rate Loans. If the Borrower requests a Borrowing of, conversion to, or continuation of Eurodollar Rate Loans in any such Notice of Borrowing (I) Loan Notice, but fails to specify an applicable Interest Period in the case of a Eurodollar LoanPeriod, then such notice shall it will be deemed to be a request for have specified an Interest Period of one (1) month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender’s share of any borrowing to be made pursuant thereto.

Appears in 2 contracts

Samples: Credit Agreement (Houlihan Lokey, Inc.), Credit Agreement (Houlihan Lokey, Inc.)

Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic notice promptly confirmed in writing) to the Agent Lender not later than 11:00 A.M. (CharlotteAtlanta, North Carolina Georgia time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Loan Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender’s share of any borrowing to be made pursuant thereto.

Appears in 2 contracts

Samples: Credit Agreement (PRG Schultz International Inc), Credit Agreement (PRG Schultz International Inc)

Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic notice promptly confirmed in writing) to the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender’s 's share of any borrowing to be made pursuant thereto.

Appears in 2 contracts

Samples: Credit Agreement (Aaipharma Inc), Credit Agreement (Aaipharma Inc)

Notice of Borrowing. The Borrower shall Company may request a U.S. Revolving Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writingwriting which confirmation may be by fax) to the Administrative Agent not later than 11:00 A.M. 12:00 Noon (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Alternate Base Rate LoansLoans denominated in Dollars, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar LoansLIBOR Rate Loans denominated in Dollars. Each such request for borrowing shall be irrevocable and shall specify (A) that a U.S. Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Alternate Base Rate Loans, Eurodollar LIBOR Rate Loans or a combination thereof, and if Eurodollar LIBOR Rate Loans are requested, the Interest Period(s) and currency therefor. A form of Notice of Borrowing (a “Notice of Borrowing”) is attached as Schedule 2.1(b)(i). If the Borrower Company shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar LIBOR Rate Loan, then such notice shall be deemed to be a request for an Interest Period of one month, month or (II) the type of U.S. Revolving Loan requested, then such notice shall be deemed to be a request for a an Alternate Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected U.S. Revolving Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i)Borrowing, the contents thereof and each such U.S. Revolving Lender’s share of any borrowing to be made pursuant theretothereof.

Appears in 2 contracts

Samples: Credit Agreement (Ims Health Inc), Credit Agreement (Ims Health Inc)

Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice notice, which may be given by (A) telephone, or (B) a Notice of Borrowing; provided that any telephonic notice promptly must be confirmed in writing) immediately by delivery to the Administrative Agent of a Notice of Borrowing. Each such Notice of Borrowing must be received by the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina timei) 12:00 noon on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third (ii) 11:00 A.M. three Business Day Days prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable irrevocable, executed by a Financial Officer of the Borrower and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender’s share of any borrowing to be made pursuant thereto.

Appears in 2 contracts

Samples: Credit Agreement (Autozone Inc), Day Credit Agreement (Autozone Inc)

Notice of Borrowing. The Parent Borrower shall may request a Revolving Loan borrowing by delivering a written notice Notice of Borrowing (or telephonic telephone notice promptly confirmed in writingwriting by delivery of a written Notice of Borrowing, which delivery may be by fax or electronically by pdf) to the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina time) 12:00 p.m. on the Business Day prior to the date of the requested borrowing in the case of Alternate Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar LIBOR Rate Loans. Each such request for borrowing Notice of Borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, borrowed and (D) whether the borrowing shall be comprised of Alternate Base Rate Loans, Eurodollar LIBOR Rate Loans or a combination thereof, and if Eurodollar LIBOR Rate Loans are requested, the Interest Period(s) therefor. If the Parent Borrower shall fail to specify in any such Notice of Borrowing (I1) an applicable Interest Period in the case of a Eurodollar LIBOR Rate Loan, then such notice shall be deemed to be a request for an Interest Period of one (1) month, or (II2) the type Type of Revolving Loan requested, then such notice shall be deemed to be a request for a an Alternate Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i)Borrowing, the contents thereof and each such Lender’s share of any borrowing to be made pursuant theretothereof.

Appears in 2 contracts

Samples: Credit Agreement (WestRock Co), Credit Agreement (WestRock Co)

Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writing) to the Agent not later than 11:00 A.M. (CharlotteDallas, North Carolina Texas time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, borrowed and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and (after the Initial Interest Rate Period) if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, month or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender’s 's share of any borrowing to be made pursuant thereto.

Appears in 2 contracts

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

Notice of Borrowing. The Borrower shall Borrowers may request new Loans (including Swingline Loans), by delivering to Agent at its Lending Office a Revolving Loan borrowing Notice of Borrowing (which notice may be transmitted by written notice (or telephonic notice promptly confirmed in writing) electronic mail subject to the limitations set forth in Section 9.3). If the requested Loan is to be a Base Rate Loan or an LIR Loan then such Notice of Borrowing or request must be received by Agent not later than 11:00 A.M. (Charlotte, North Carolina time) at or before 12:00 noon on the Business Day prior on which Borrowers desire such Loan to the date of be made. If the requested borrowing in the case Loan is to be a LIBOR Rate Loan, then such Notice of Base Rate Loans, and Borrowing or request must be received by Agent at or before 12:00 noon on the third Business Day prior to preceding the date on which Borrowers desire such Loan to be made. Any Notice of Borrowing or request received by Agent after 12:00 noon shall be deemed to have been received on the requested borrowing in the case of Eurodollar Loansimmediately following Business Day. Each such Notice of Borrowing and request for borrowing shall be irrevocable and a Loan shall specify (A) that a Revolving Loan is requested, (Bi) the date amount of the Borrowing; (ii) the requested borrowing funding date (which shall must be a Business Day), ; (C) the aggregate principal amount to be borrowed, and (Diii) whether the borrowing shall Borrowing is requested to be comprised of made as a Swingline Loan, (iv) whether the Borrowing is requested to be made as Base Rate Loans, Eurodollar LIR Loans or a combination thereof, LIBOR Rate Loans; and if Eurodollar Loans are requested, the Interest Period(s(v) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar LIBOR Rate Loans, the duration of the applicable Interest Period. If Borrowers do not specify an Interest Period with respect to any LIBOR Rate Loan, then the Interest Period for such notice Loan shall be deemed to be a request for an Interest Period of one month, or (II) the type . Each Notice of Revolving Loan requested, then such notice shall be deemed to be a Borrowing and request for a Base Rate Loan hereunder. The received by Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender’s share of any borrowing to be made pursuant theretoirrevocable.

Appears in 2 contracts

Samples: Credit Agreement (Charah Solutions, Inc.), Credit Agreement (Charah Solutions, Inc.)

Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writing) to the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate LoansLoans denominated in Dollars, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar LoansLIBOR Loans denominated in Dollars, and on the fourth Business Day prior to the date of the requested borrowing in the case of all Loans denominated in Available Foreign Currencies . Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the currency and aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar LIBOR Loans or a combination thereof, and if Eurodollar LIBOR Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar LIBOR Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder, in the case of Revolving Loans denominated in Dollars or a LIBOR Loan, in any other case. The Administrative Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender’s share of any borrowing to be made pursuant thereto.

Appears in 2 contracts

Samples: Day Revolving Credit Agreement (Nucor Corp), Year Revolving Credit Agreement (Nucor Corp)

Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writingwriting which confirmation may be by fax) to the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Alternate Base Rate Loans and Index Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar LIBOR Rate Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Alternate Base Rate Loans, Eurodollar LIBOR Rate Loans or Index Rate Loans or a combination thereof, and if Eurodollar LIBOR Rate Loans are requested, the Interest Period(s) therefor. A form of Notice of Borrowing (a "Notice of Borrowing") is attached as Schedule 2.1(b)(i). If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar LIBOR Rate Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a an Alternate Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i)Borrowing, the contents thereof and each such Lender’s 's share of any borrowing to thereof. LIBOR Rate Loans shall not be made pursuant theretoavailable hereunder until three (3) Business Days after the Closing Date.

Appears in 2 contracts

Samples: Credit Agreement (Dollar Tree Stores Inc), Credit Agreement (Dollar Tree Stores Inc)

Notice of Borrowing. The Borrower Company shall request a Revolving Loan borrowing by delivering a written notice Notice of Borrowing (or telephonic telephone notice promptly confirmed in writingwriting by delivery of a written Notice of Borrowing, which delivery may be by fax or electronic mail) to the Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar LIBOR Rate Loans. Each such request for borrowing Notice of Borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, borrowed and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar LIBOR Rate Loans or a combination thereof, and if Eurodollar LIBOR Rate Loans are requested, the Interest Period(s) therefor. If the Borrower Company shall fail to specify in any such Notice of Borrowing (I1) an applicable Interest Period in the case of a Eurodollar LIBOR Rate Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II2) the type Type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i)Borrowing, the contents thereof and each such Lender’s share of any borrowing to be made pursuant theretothereof.

Appears in 2 contracts

Samples: Credit Agreement (Universal Health Realty Income Trust), Credit Agreement (Universal Health Realty Income Trust)

Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writing) to the Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender’s 's share of any borrowing to be made pursuant thereto.

Appears in 2 contracts

Samples: Credit Agreement (Staff Leasing Inc), Credit Agreement (Staff Leasing Inc)

Notice of Borrowing. The (i) Whenever Borrower shall request desires to obtain a Revolving Loan borrowing by under Section 3.1 of this Agreement, Borrower shall give CIT prior written notice (or telephonic notice promptly confirmed in writing) of such Borrowing request (a "Notice of Borrowing") and deliver to the Agent not CIT an accurate and complete Borrowing Base Certificate as of such date. Such Notice of Borrowing and Borrowing Base Certificate shall be given by Borrower to CIT no later than 11:00 A.M. (Charlotte, North Carolina time) 12:00 noon on the Business Day prior to the date of the requested borrowing in the case funding date of Base Rate Loans, and such Borrowing. Notices received after 12:00 noon shall be deemed received on the third next Business Day prior to the date of the requested borrowing in the case of Eurodollar LoansDay. Each such request for borrowing Notice of Borrowing (or telephonic notice thereof) shall be irrevocable and shall specify (Aa) that a the principal amount of the requested Revolving Loan is requestedLoan, (Bb) the date of the requested borrowing such Loan (which shall be a Business Day), and (Cc) the aggregate principal amount account of Borrower to which the proceeds of such Loan are to be borroweddisbursed. Notwithstanding the foregoing, from and (D) whether after CIT's notice to Borrower of the borrowing shall be comprised occurrence of Base Rate Loansthe Conversion Event, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail have no further obligation to specify in any such Notice of deliver to CIT a Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Agent shall give notice to each affected Lender promptly upon receipt of Certificate with each Notice of Borrowing, but in lieu thereof Borrower shall deliver to CIT an accurate and complete Borrowing pursuant to this Section 2.1(b)(i), Base Certificate on the contents thereof and first Business Day of each such Lender’s share week current through the last Business Day of any borrowing to be made pursuant theretothe preceding week.

Appears in 2 contracts

Samples: Financing Agreement (Simcala Inc), Financing Agreement (Simcala Inc)

Notice of Borrowing. The Borrower shall Company may request a U.S. Revolving Loan borrowing by delivering a written notice Notice of Borrowing (or telephonic telephone notice promptly confirmed in writingwriting by delivery of a written Notice of Borrowing, which delivery may be by fax or electronically by pdf) to the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina time) a.m. on the Business Day prior to the date of the requested borrowing in the case of Alternate Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar LoansLIBOR Rate Loans denominated in U.S. Dollars. Each such request for borrowing Notice of Borrowing shall be irrevocable and shall specify (A) that a U.S. Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, borrowed and (D) whether the borrowing shall be comprised of Alternate Base Rate Loans, Eurodollar LIBOR Rate Loans or a combination thereof, and if Eurodollar LIBOR Rate Loans are requested, the Interest Period(s) therefor. If the Borrower Company shall fail to specify in any such Notice of Borrowing (I1) an applicable Interest Period in the case of a Eurodollar LIBOR Rate Loan, then such notice shall be deemed to be a request for an Interest Period of one (1) month, or (II2) the type Type of Revolving Loan requested, then such notice shall be deemed to be a request for a an Alternate Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected U.S. Revolving Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i)Borrowing, the contents thereof and each such U.S. Revolving Lender’s share of any borrowing to be made pursuant theretothereof.

Appears in 2 contracts

Samples: Credit Agreement (Rock-Tenn CO), Credit Agreement (Rock-Tenn CO)

Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writing) to the Agent not later than 11:00 11:30 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and not later than 2:00 P.M. (Charlotte, North Carolina time) on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable irrevocable, executed by a Financial Officer of the Borrower and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender’s 's share of any borrowing to be made pursuant thereto.

Appears in 2 contracts

Samples: Credit Agreement (Autozone Inc), Credit Agreement (Autozone Inc)

Notice of Borrowing. The (a) Whenever Borrower desires funding of a Borrowing of Revolver Loans, Borrower shall request give Agent a Revolving Loan borrowing Notice of Borrowing. Such notice must be received by written notice (or telephonic notice promptly confirmed in writing) to the Agent not no later than 11:00 A.M. a.m. (Charlotte, North Carolina timeCentral Time) (i) on the Business Day prior to the date of the requested borrowing funding date, in the case of Base Rate Loans, and on the third (ii) at least three Business Day Days prior to the date of the requested borrowing funding date, in the case of Eurodollar LIBOR Loans. Each such request for borrowing Notices received after 11:00 a.m. (Central Time) shall be irrevocable and deemed received on the next Business Day. Each Notice of Borrowing shall be irrevocable, shall specify (A1) that a Revolving Loan is requestedthe amount of the Borrowing, (B2) the requested funding date of the requested borrowing (which shall must be a Business Day), (C3) whether the aggregate Borrowing is of Tranche A Revolver Loans or Tranche B Revolver Loans; provided that such Borrowing shall be Tranche A Revolver Loans unless the outstanding principal amount of Tranche B Revolver Loans is less than the Tranche B Maximum Amount, in which case up to an amount equal to the Tranche B Maximum Amount minus the outstanding principal amount of Tranche B Revolver Loans of such Revolver Loans shall be Tranche B Revolver Loans, and the remaining amount of such Revolver Loans shall be Tranche A Revolver Loans, (4) whether the Borrowing is to be borrowedmade as Base Rate Loans or LIBOR Loans, and (D5) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar LoanLIBOR Loans, then such notice the duration of the applicable Interest Period (which shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(imonth if not specified), the contents thereof and each such Lender’s share of any borrowing to be made pursuant thereto.

Appears in 2 contracts

Samples: Loan and Security Agreement (Ak Steel Holding Corp), Loan and Security Agreement (Ak Steel Holding Corp)

Notice of Borrowing. The Borrower Each Term Borrowing, each conversion of Loans from one Type to the other, and each continuation of Eurodollar Rate Loans shall request be made upon the Borrower’s irrevocable notice to the Lender, which may be given by (i) telephone or (ii) a Revolving Loan borrowing by written notice (or Notice; provided that any telephonic notice promptly must be confirmed in writing) immediately by delivery to the Agent Lender of a Loan Notice. Each such notice must be received by the Lender not later than 11:00 A.M. a.m. (Charlotte, North Carolina timeA) on the two (2) Business Day Days prior to the requested date of the requested borrowing in the case any Term Borrowing of, conversion to or continuation of Eurodollar Rate Loans or of any conversion of Eurodollar Rate Loans to Base Rate Loans, and (B) on the third requested date of any Term Borrowing of Base Rate Loans; provided, however, that if the Borrower wishes to request Eurodollar Rate Loans having an Interest Period of twelve (12) months in duration as provided in the definition of “Interest Period”, the applicable notice must be received by the Lender not later than 11:00 a.m. four (4) Business Day Days prior to the requested date of such Term Borrowing, conversion or continuation. Not later than 11:00 a.m., two (2) Business Days before the requested date of such Term Borrowing, conversion or continuation, the Lender shall notify the Borrower (which notice may be by telephone) whether or not the requested Interest Period is available. Each Term Borrowing of, conversion to or continuation of Eurodollar Rate Loans shall be, unless otherwise agreed by Lender, in a principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof (or, in connection with any conversion or continuation of a Term Loan, if less, the entire principal thereof then outstanding). Each Term Borrowing of or conversion to Base Rate Loans shall be, unless otherwise agreed by Lender, in a principal amount of $500,000 or a whole multiple of $100,000 in excess thereof (or, in connection with any conversion or continuation of a Term Loan, if less, the entire principal thereof then outstanding). Each Loan Notice (whether telephonic or written) shall specify (1) whether the Borrower is requesting a Term Borrowing, a conversion of Term Loans from one Type to the other, or a continuation of Term Loans, as the case may be, (2) the requested date of the requested borrowing in Term Borrowing, conversion or continuation, as the case of Eurodollar Loans. Each such request for borrowing shall may be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C3) the aggregate principal amount of Term Loans to be borrowed, converted or continued, (4) the Type of Loans to be borrowed or to which existing Term Loans are to be converted, and (D5) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requestedapplicable, the duration of the Interest Period(s) thereforPeriod with respect thereto. If the Borrower shall fail fails to specify a Type of Term Loan in a Loan Notice or if the Borrower fails to give a timely notice requesting a conversion or continuation, then the applicable Term Loans shall be made as, or converted to, Base Rate Loans. Any such automatic conversion to Base Rate Loans shall be effective as of the last day of the Interest Period then in effect with respect to the applicable Eurodollar Rate Loans. If the Borrower requests a Term Borrowing of, conversion to, or continuation of Eurodollar Rate Loans in any such Notice of Borrowing (I) Loan Notice, but fails to specify an applicable Interest Period in the case of a Eurodollar LoanPeriod, then such notice shall it will be deemed to be a request for have specified an Interest Period of one (1) month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender’s share of any borrowing to be made pursuant thereto.

Appears in 2 contracts

Samples: Credit Agreement (Alnylam Pharmaceuticals, Inc.), Credit Agreement (Spark Therapeutics, Inc.)

Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by delivering a written notice Notice of Borrowing (or telephonic telephone notice promptly confirmed in writingwriting by delivery of a written Notice of Borrowing, which delivery may be by fax) to the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Alternate Base Rate Loans, and on the third second Business Day prior to the date of the requested borrowing in the case of Eurodollar LIBOR Rate Loans. Each such request for borrowing Notice of Borrowing shall be irrevocable and shall specify (A1) that a Revolving Loan is requested, (B2) the date of the requested borrowing (which shall be a Business Day), (C3) the aggregate principal amount to be borrowed, borrowed and (D4) whether the borrowing shall be comprised of Alternate Base Rate Loans, Eurodollar LIBOR Rate Loans or a combination thereof, and if Eurodollar LIBOR Rate Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (Ia) an applicable Interest Period in the case of a Eurodollar LIBOR Rate Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (IIb) the type Type of Revolving Loan requested, then such notice shall be deemed to be a request for a an Alternate Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Revolving Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i)Borrowing, the contents thereof and each such Revolving Lender’s share of any borrowing to be made pursuant theretothereof.

Appears in 2 contracts

Samples: Credit Agreement (Cash America International Inc), Credit Agreement (Enova International, Inc.)

Notice of Borrowing. The Borrower Borrowers shall request a Revolving Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writing) to the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina time) a.m. on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan or Term Loan, if applicable, is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, borrowed and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing shall fail to specify (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunderhereunder and (III) whether the borrowing is a Revolving Loan or a Term Loan, then such notice shall be deemed to be a request for a Revolving Loan. The Administrative Agent shall give notice to each affected Revolving Lender promptly upon or Term Lenders, as appropriate, before 5:00 p.m. on the day of receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), specifying the contents thereof and each such Lender’s share of any borrowing to be made pursuant thereto.

Appears in 2 contracts

Samples: Credit Agreement (Speedway Motorsports Inc), Credit Agreement (New Hampshire Motor Speedway, Inc.)

Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic notice promptly confirmed in writingwith a written Notice of Borrowing) to the Agent not later than 11:00 A.M. 2:00 P.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. A form of Notice of Borrowing (a "Notice of Borrowing") is attached as Exhibit 2.1(b). If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender’s 's share of any borrowing to be made pursuant thereto.

Appears in 2 contracts

Samples: Credit Agreement (Apria Healthcare Group Inc), Credit Agreement (Apria Healthcare Group Inc)

Notice of Borrowing. The Borrower shall request a Revolving Loan ------------------- borrowing by written notice delivery of a Notice of Borrowing (or telephonic telephone notice promptly confirmed in writing) substantially in the form of Schedule 2.1 ------------ (b)(i) to the Administrative Agent not later than 11:00 A.M. 12:00 Noon (Charlotte, ----- North Carolina time) on the Business Day prior to the date of the requested borrowing (which shall be a Business Day) in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, thereof and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i2.1 (b)(i), the contents thereof and each such Lender’s 's share of any borrowing to be made pursuant thereto.

Appears in 2 contracts

Samples: Credit Agreement (Amerisource Distribution Corp), Credit Agreement (Amerisource Distribution Corp)

Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writingwriting which confirmation may be by fax) to the Administrative Agent not later than 11:00 A.M. 1:00 P.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Alternate Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar LIBOR Rate Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Alternate Base Rate Loans, Eurodollar LIBOR Rate Loans or a combination thereof, and if Eurodollar LIBOR Rate Loans are requested, the Interest Period(s) therefor. A form of Notice of Borrowing (a "NOTICE OF BORROWING") is attached as SCHEDULE 2.1(b)(i). If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar LIBOR Rate Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a an Alternate Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i)Borrowing, the contents thereof and each such Lender’s 's share of any borrowing to be made pursuant theretothereof.

Appears in 2 contracts

Samples: Credit Agreement (TTM Technologies Inc), Credit Agreement (TTM Technologies Inc)

Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic notice promptly confirmed in writing) to the Agent not later than 11:00 A.M. 12:00 Noon (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender’s 's share of any borrowing to be made pursuant thereto.

Appears in 2 contracts

Samples: Credit Agreement (Insight Health Services Corp), Credit Agreement (Insight Health Services Corp)

Notice of Borrowing. The Borrower Airgas (through a Responsible Officer) shall request a U.S. Revolving Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writing) to the Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of U.S. Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Eurocurrency Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a U.S. Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of U.S. Base Rate Loans, Eurodollar Eurocurrency Loans or a combination thereof, and if Eurodollar Eurocurrency Loans are requested, the Interest Period(s) therefor. If the Borrower Airgas shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Eurocurrency Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of U.S. Revolving Loan requested, then such notice shall be deemed to be a request for a U.S. Base Rate Loan hereunder. The Agent shall give notice to each affected U.S. Revolving Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), specifying the contents thereof and each such U.S. Revolving Lender’s share of any borrowing to be made pursuant thereto.

Appears in 2 contracts

Samples: Credit Agreement (Airgas Inc), Credit Agreement (Airgas Inc)

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Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writingwriting which confirmation may be by fax) to the Agent not later than 11:00 10:30 A.M. (CharlotteMilwaukee, North Carolina Wisconsin time) on the Business Day prior to the date of the requested borrowing in the case of Base Prime Rate Loans, and on the third second Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Prime Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. A form of Notice of Borrowing a (“Notice of Borrowing”) is attached as Exhibit 2.1(b)(i). If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Prime Rate Loan hereunder. The Agent shall give notice to each affected Lender (promptly upon receipt of each Notice of Borrowing, and in any event not later than 12:00 noon, Milwaukee, Wisconsin time, with respect to any Notice of Borrowing delivered to the Agent pursuant to this Section 2.1(b)(i), section) of the contents thereof and each such Lender’s share of any borrowing to be made pursuant theretothereof.

Appears in 2 contracts

Samples: Credit Agreement (Journal Communications Inc), Credit Agreement (Journal Communications Inc)

Notice of Borrowing. The Borrower Airgas (by its duly authorized officers or representatives) shall request a U.S. Revolving Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writing) to the U.S. Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of U.S. Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a U.S. Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of U.S. Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower Airgas shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of U.S. Revolving Loan requested, then such notice shall be deemed to be a request for a U.S. Base Rate Loan hereunder. The U.S. Agent shall give notice to each affected U.S. Revolving Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), specifying the contents thereof and each such U.S. Revolving Lender’s 's share of any borrowing to be made pursuant thereto.

Appears in 2 contracts

Samples: Credit Agreement (Airgas Carbonic Inc), Credit Agreement (Airgas Northern California & Nevada Inc)

Notice of Borrowing. The Borrower shall may request a Revolving Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writingwriting which confirmation may be by facsimile) to the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina time) a.m. on the Business Day prior to the date of the requested borrowing in the case of Alternate Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar LIBOR Rate Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Alternate Base Rate Loans, Eurodollar LIBOR Rate Loans or a combination thereof, and if Eurodollar LIBOR Rate Loans are requested, the Interest Period(s) therefor. A form of Notice of Borrowing (a "Notice of Borrowing") is attached as Schedule 2.1(b)(i). If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar LIBOR Rate Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a an Alternate Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i)Borrowing, the contents thereof and each such Lender’s 's share thereof. All Revolving Loans made on the Closing Date and on any of any borrowing to be made pursuant theretothe three Business Days following the Closing Date shall bear interest at the Alternate Base Rate.

Appears in 2 contracts

Samples: Credit Agreement (Red Robin Gourmet Burgers Inc), Credit Agreement (Red Robin Gourmet Burgers Inc)

Notice of Borrowing. The Borrower shall may request a Revolving Loan borrowing by delivering a written notice Notice of Borrowing (or telephonic telephone notice promptly confirmed in writingwriting by delivery of a written Notice of Borrowing, which delivery may be by fax) to the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina time) 1:00 P.M. on the Business Day prior to the date of the requested borrowing in the case of Alternate Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar LIBOR Rate Loans. Each such request for borrowing Notice of Borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, borrowed and (D) whether the borrowing shall be comprised of Alternate Base Rate Loans, Eurodollar LIBOR Rate Loans or a combination thereof, and if Eurodollar LIBOR Rate Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I1) an applicable Interest Period in the case of a Eurodollar LIBOR Rate Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II2) the type Type of Revolving Loan requested, then such notice shall be deemed to be a request for a an Alternate Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Revolving Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i)Borrowing, the contents thereof and each such Revolving Lender’s 's share of any borrowing to be made pursuant theretothereof.

Appears in 2 contracts

Samples: Credit Agreement (Directed Electronics, Inc.), Credit Agreement (Directed Electronics, Inc.)

Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writing) to the Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender’s 's share of any borrowing to be made pursuant thereto.

Appears in 2 contracts

Samples: Credit Agreement (Personnel Group of America Inc), Credit Agreement (Personnel Group of America Inc)

Notice of Borrowing. The Borrower shall request a Revolving Loan ------------------- borrowing by written notice (or telephonic telephone notice promptly confirmed in writing) to the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender’s 's share of any borrowing to be made pursuant thereto.

Appears in 2 contracts

Samples: Bridge Credit Agreement (Navigant International Inc), Credit Agreement (Navigant International Inc)

Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writing) to the Agent not later than 11:00 11:30 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and not later than 2:00 P.M. (Charlotte, North Carolina time) on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable irrevocable, executed by a Financial Officer of the Borrower and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender’s 's share of any borrowing to be made pursuant thereto.

Appears in 2 contracts

Samples: Credit Agreement (Autozone Inc), Credit Agreement (Autozone Inc)

Notice of Borrowing. The Borrower shall may request a Revolving Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writingwriting which confirmation may be by fax) to the Administrative Agent not later than 11:00 A.M. 12:00 noon (Charlotte, North Carolina New York time) on the Business Day prior to the date of the requested borrowing in the case of Alternate Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar LIBOR Rate Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Alternate Base Rate Loans, Eurodollar LIBOR Rate Loans or a combination thereof, and if Eurodollar LIBOR Rate Loans are requested, the Interest Period(s) therefor. A form of Notice of Borrowing (a "Notice of Borrowing") is attached as Schedule 2.1(b)(i). If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar LIBOR Rate Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a an Alternate Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Revolving Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i)Borrowing, the contents thereof and each such Revolving Lender’s 's share of any borrowing to be made pursuant theretothereof.

Appears in 2 contracts

Samples: Credit Agreement (Intermagnetics General Corp), Credit Agreement (Intermagnetics General Corp)

Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic notice promptly confirmed in writing) to the Administrative Agent not later than 11:00 A.M. 12:00 Noon (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, month or (II) the type interest rate option of a Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender’s 's share of any borrowing to be made pursuant thereto.

Appears in 2 contracts

Samples: Credit Agreement (Signal Medical Services), Credit Agreement (Jw Childs Equity Partners Ii Lp)

Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writingwriting which confirmation may be by fax) to the Agent not later than 11:00 10:30 A.M. (CharlotteMilwaukee, North Carolina Wisconsin time) on the Business Day prior to the date of the requested borrowing in the case of Base Prime Rate Loans, and on the third second Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Prime Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. A form of Notice of Borrowing a ("Notice of Borrowing") is attached as Exhibit 2.1(b)(i). If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Prime Rate Loan hereunder. The Agent shall give notice to each affected Lender (promptly upon receipt of each Notice of Borrowing, and in any event not later than 12:00 noon, Milwaukee, Wisconsin time, with respect to any Notice of Borrowing delivered to the Agent pursuant to this Section 2.1(b)(i), section) of the contents thereof and each such Lender’s 's share of any borrowing to be made pursuant theretothereof.

Appears in 2 contracts

Samples: Credit Agreement (Journal Communications Inc), Credit Agreement (Journal Communications Inc)

Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic notice promptly confirmed in writing) Each Borrowing, each conversion of Loans from one Type to the Agent other, and each continuation of Eurodollar Rate Loans shall be made upon the Borrower’s irrevocable notice to the Lender, which may be given by telephone. Each such notice must be received by the Lender not later than 11:00 A.M. a.m. (Charlottei) two (2) Business Days prior to the requested date of any Borrowing of, North Carolina timeconversion to or continuation of Eurodollar Rate Loans or of any conversion of Eurodollar Rate Loans to Base Rate Loans and (ii) on the Business Day prior to the requested date of the requested borrowing in the case any Borrowing of Base Rate Loans, and on . Each telephonic notice by the third Business Day prior Borrower pursuant to this Section 2.02(a) must be confirmed promptly by delivery to the date Lender of a written Loan Notice, appropriately completed and signed by a Responsible Officer of the requested borrowing in the case Borrower. Each Borrowing of, conversion to or continuation of Eurodollar LoansRate Loans shall be, unless otherwise agreed by Lender, in a principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof. Except as provided in Sections 2.03(c), each Borrowing of or conversion to Base Rate Loans shall be, unless otherwise agreed by Lender, in a principal amount of $500,000 or a whole multiple of $100,000 in excess thereof. Each such request for borrowing shall be irrevocable and Loan Notice (whether telephonic or written) shall specify (A) that the applicable Facility and whether the Borrower is requesting a Revolving Loan is requestedBorrowing, a conversion of Loans from one Type to the other, or a continuation of Loans, as the case may be, under such Facility, (B) the requested date of the requested borrowing Borrowing, conversion or continuation, as the case may be (which shall be a Business Day), (C) the aggregate principal amount of Loans to be borrowed, and converted or continued, (D) whether the borrowing shall Type of Loans to be comprised of Base Rate Loans, Eurodollar borrowed or to which existing Loans or a combination thereofare to be converted, and (E) if Eurodollar Loans are requestedapplicable, the duration of the Interest Period(s) thereforPeriod with respect thereto. If the Borrower shall fail fails to specify a Type of Loan in a Loan Notice or if the Borrower fails to give a timely notice requesting a conversion or continuation, then the applicable Loans shall be made as, or converted to, Base Rate Loans. Any such automatic conversion to Base Rate Loans shall be effective as of the last day of the Interest Period then in effect with respect to the applicable Eurodollar Rate Loans. If the Borrower requests a Borrowing of, conversion to, or continuation of Eurodollar Rate Loans in any such Notice of Borrowing (I) Loan Notice, but fails to specify an applicable Interest Period in the case of a Eurodollar LoanPeriod, then such notice shall it will be deemed to be a request for have specified an Interest Period of one (1) month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender’s share of any borrowing to be made pursuant thereto.

Appears in 2 contracts

Samples: Credit Agreement (Morningstar, Inc.), Credit Agreement (Morningstar, Inc.)

Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writing) to the Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing (which shall be a Business Day) in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, requested (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), of the contents thereof and each such Lender’s 's share of any borrowing to be made pursuant thereto.

Appears in 2 contracts

Samples: Credit Agreement (Pca International Inc), Credit Agreement (Pca International Inc)

Notice of Borrowing. The Parent Borrower shall may request a Revolving Loan borrowing by delivering a written notice Notice of Borrowing (or telephonic telephone notice promptly confirmed in writingwriting by delivery of a written Notice of Borrowing, which delivery may be by facsimile) to the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina time) a.m. on the Business Day prior to the date of the requested borrowing in the case of Alternate Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar LIBOR Rate Loans. Each such request for borrowing Notice of Borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, (D) the applicable Borrower or Borrowers with respect thereto and (DE) whether the borrowing shall be comprised of Alternate Base Rate Loans, Eurodollar LIBOR Rate Loans or a combination thereof, and if Eurodollar LIBOR Rate Loans are requested, the Interest Period(s) therefor. If the Parent Borrower shall fail to specify in any such Notice of Borrowing (I1) an applicable Interest Period in the case of a Eurodollar LIBOR Rate Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II2) the type Type of Revolving Loan requested, then such notice shall be deemed to be a request for a an Alternate Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Revolving Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i)Borrowing, the contents thereof and each such Revolving Lender’s share of any borrowing to be made pursuant theretothereof.

Appears in 2 contracts

Samples: Credit Agreement (Si International Inc), Credit Agreement (Si International Inc)

Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writing) to the Administrative Agent not later than 11:00 11:30 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and not later than 2:00 P.M. (Charlotte, North Carolina time) on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable irrevocable, executed by a Financial Officer of the Borrower and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender’s 's share of any borrowing to be made pursuant thereto.

Appears in 2 contracts

Samples: Credit Agreement (Autozone Inc), Day Credit Agreement (Autozone Inc)

Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writing) to the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate LoansLoans denominated in Dollars, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar LoansLIBOR Loans denominated in Dollars, and on the fifth Business Day prior to the date of the requested borrowing in the case of all Loans denominated in Available Foreign Currencies. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the currency and aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar LIBOR Loans or a combination thereof, and if Eurodollar LIBOR Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar LIBOR Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder, in the case of Revolving Loans denominated in Dollars, or a LIBOR Loan in any other case. The Administrative Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender’s share of any borrowing to be made pursuant thereto.

Appears in 2 contracts

Samples: Day Revolving Credit Agreement (Nucor Corp), Credit Agreement (Nucor Corp)

Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writingwriting which confirmation may be by fax) to the Agent not later than 11:00 11:30 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. A form of Notice of Borrowing (a "Notice of Borrowing") is attached as Schedule 2.1(b)(i). If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i)Borrowing, the contents thereof and each such Lender’s 's share of any borrowing to be made pursuant theretothereof.

Appears in 2 contracts

Samples: Credit Agreement (Manitowoc Co Inc), Credit Agreement (Manitowoc Co Inc)

Notice of Borrowing. The Borrower shall may request a Revolving Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writingwriting which confirmation may be by fax) to the Administrative Agent not later than 11:00 A.M. 12:00 noon (Charlotte, North Carolina New York time) on the Business Day prior to the date of the requested borrowing in the case of Alternate Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar LIBOR Rate Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Alternate Base Rate Loans, Eurodollar LIBOR Rate Loans or a combination thereof, and if Eurodollar LIBOR Rate Loans are requested, the Interest Period(s) therefor. A form of Notice of Borrowing (a "Notice of Borrowing") is attached as Schedule 2.1(b)(i). If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar LIBOR Rate Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a an Alternate Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i)Borrowing, the contents thereof and each such Lender’s 's share of any borrowing to be made pursuant theretothereof.

Appears in 2 contracts

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

Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic notice promptly confirmed in writing) to the Agent not no later than 11:00 9:00 A.M. (CharlotteSan Francisco, North Carolina California time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender’s 's share of any borrowing to be made pursuant thereto.

Appears in 1 contract

Samples: Credit Agreement (Longview Fibre Co)

Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice pursuant to a Notice of Borrowing in the form set forth in Schedule 2.1(b)(i) (or telephonic telephone notice promptly confirmed in writing) to the Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar LoansEurocurrency Loans denominated in Dollars. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Eurocurrency Loans or a combination thereof, and if Eurodollar Eurocurrency Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (Ii) an applicable Interest Period in the case of a Eurodollar Eurocurrency Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (IIii) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender’s 's share of any borrowing to be made pursuant thereto.

Appears in 1 contract

Samples: Credit Agreement (Sykes Enterprises Inc)

Notice of Borrowing. The Borrower shall request a Revolving ------------------- Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writing) to the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender’s 's share of any borrowing to be made pursuant thereto.

Appears in 1 contract

Samples: Credit Agreement (Pediatric Services of America Inc)

Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writing) to the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar LIBOR Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the currency and aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar LIBOR Loans or a combination thereof, and if Eurodollar LIBOR Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar LIBOR Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder, in the case of Revolving Loans denominated in Dollars or a LIBOR Loan, in any other case. The Administrative Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender’s 's share of any borrowing to be made pursuant thereto.

Appears in 1 contract

Samples: Credit Agreement (Universal Corp /Va/)

Notice of Borrowing. The Borrower shall request a Non-Sweep Revolving Loan borrowing by written notice (or telephonic notice promptly confirmed in writing) to the Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans or Eurodollar Market Index Rate Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Non-Sweep Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans, Eurodollar Market Index Rate Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Non-Sweep Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i2.2(b)(i), the contents thereof and each such Lender’s share of any borrowing to be made pursuant thereto.

Appears in 1 contract

Samples: Credit Agreement (Benihana Inc)

Notice of Borrowing. The Borrower Airgas (by its duly authorized officers or representatives) shall request a 364-Day Revolving Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writing) to the U.S. Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of U.S. Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a 364-Day Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of U.S. Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower Airgas shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of 364-Day Revolving Loan requested, then such notice shall be deemed to be a request for a U.S. Base Rate Loan hereunder. The U.S. Agent shall give notice to each affected U.S. Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i2.5(b)(i), specifying the contents thereof and each such U.S. Lender’s 's share of any borrowing to be made pursuant thereto.

Appears in 1 contract

Samples: Credit Agreement (Airgas Inc)

Notice of Borrowing. The Borrower shall request a Revolving ------------------- Loan borrowing by written notice (or telephonic notice promptly confirmed in writing) to the Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender’s 's share of any borrowing to be made pursuant thereto.

Appears in 1 contract

Samples: Credit Agreement (Lincare Holdings Inc)

Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic notice promptly confirmed in writing) to the Agent not later than 11:00 A.M. (CharlotteAtlanta, North Carolina Georgia time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar LIBOR Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar LIBOR Loans or a combination thereof, and if Eurodollar LIBOR Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar LIBOR Loan, then such notice shall be deemed to be a request for an Interest Period of one month, month or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender’s share of any borrowing to be made pursuant thereto.

Appears in 1 contract

Samples: Credit Agreement (Healthtronics Surgical Services Inc)

Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing, a Term Loan borrowing and/or an Incremental Term Loan borrowing by written notice (or telephonic notice promptly confirmed in writing) to the Administrative Agent not later than 11:00 A.M. (i) 12:00 Noon (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and (ii) 10:30 a.m. (Charlotte, North Carolina time) on the third second Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a borrowing of Revolving Loan Loans, Term Loans and/or Incremental Term Loans is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i2.1(d)(i), the contents thereof and each such Lender’s share of any borrowing to be made pursuant thereto.

Appears in 1 contract

Samples: Credit Agreement (Tractor Supply Co /De/)

Notice of Borrowing. The Borrower shall request a Revolving Liquidity Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writing) to the Agent not later than 11:00 A.M. (CharlotteDallas, North Carolina Texas time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Liquidity Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, borrowed and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, month or (II) the type of Revolving Liquidity Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i2.7(b), the contents thereof and each such Lender’s 's share of any borrowing to be made pursuant thereto.

Appears in 1 contract

Samples: Warrant Agreement (Genicom Corp)

Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice delivering to the Administrative Agent a Notice of Borrowing in the form attached hereto as Schedule 2.1(b)(i) (a "Notice of Borrowing") (or telephonic telephone notice promptly confirmed in writing) writing by delivering to the Administrative Agent a Notice of Borrowing, which delivery may be by fax) not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Alternate Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar LIBOR Rate Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Alternate Base Rate Loans, Eurodollar LIBOR Rate Loans or a combination thereof, and if Eurodollar LIBOR Rate Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar LIBOR Rate Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a an Alternate Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i)Borrowing, the contents thereof and each such Lender’s 's share of any borrowing to be made pursuant thereto.thereof. 21 -106- (ii)

Appears in 1 contract

Samples: Credit Agreement (Dimon Inc)

Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic notice promptly confirmed in writing) ), in the form of a Notice of Borrowing attached hereto as Exhibit E, to the Agent not later than 11:00 A.M. 12:00 Noon (CharlotteCincinnati, North Carolina Ohio time) on the Business Day prior to on the date of the requested borrowing in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, borrowed and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (Iy) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one (1) month, or (IIz) the type Type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender’s 's share of any borrowing to be made pursuant thereto.

Appears in 1 contract

Samples: Credit Agreement (Kendle International Inc)

Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writing) to the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Alternate Base Rate LoansLoans denominated in Dollars, and 1:00 P.M. on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar LoansLIBOR Rate Loans denominated in Dollars and 1:00 P.M. on the fourth Business Day prior to the date of the requested borrowing in the case of all LIBOR Rate Loans denominated in any Foreign Currency. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the currency and the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Alternate Base Rate Loans, Eurodollar LIBOR Rate Loans or a combination thereof, and if Eurodollar LIBOR Rate Loans are requested, the Interest Period(s) therefore and currency therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I1) an applicable Interest Period in the case of a Eurodollar LIBOR Rate Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II2) the type Type of Loan requested, then such notice shall be deemed to be a request for a Alternate Base Rate Loan hereunder or (3) the currency of the Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Revolving Loan hereunderdenominated in Dollars. The Administrative Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender’s share of any borrowing to be made pursuant thereto.

Appears in 1 contract

Samples: Credit Agreement (Hyatt Hotels Corp)

Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by delivering a written notice Notice of Borrowing (or telephonic telephone notice promptly confirmed in writingwriting by delivery of a written Notice of Borrowing, which delivery may be by fax) to the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina time) 12:00 P.M. on the Business Day prior to the date of the requested borrowing in the case of Alternate Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar LIBOR Rate Loans. Each such request for borrowing Notice of Borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Alternate Base Rate Loans, Eurodollar LIBOR Rate Loans or a combination thereof, and if Eurodollar LIBOR Rate Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar LIBOR Rate Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a an Alternate Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i)Borrowing, the contents thereof and each such Lender’s share of any borrowing to be made pursuant theretothereof.

Appears in 1 contract

Samples: Credit Agreement (Mortons Restaurant Group Inc)

Notice of Borrowing. (1) The Borrower Borrowers may request Revolving Loans for the purpose of financing Eligible Assets (other than CMBS Securities) approved by the Administrative Agent in its discretion and for no other purpose. The Borrowers shall request a Revolving Loan borrowing by delivering a written notice Notice of Borrowing (or telephonic telephone notice promptly confirmed in writingwriting by delivery of a written Notice of Borrowing, which delivery may be by Electronic Transmission) to the Administrative Agent along with a Compliance Certificate, Borrower Asset Schedule and Underwriting Package for the related Eligible Asset(s) to be financed not later than 11:00 A.M. (Charlotte, North Carolina timeA) on twelve (12) Business Days for Non-Wachovia Assets and (B) seven (7) Business Days for Wachovia Assets from the Business Day prior to the date delivery of the requested borrowing in the case applicable Notice of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar LoansBorrowing. Each such request for borrowing Notice of Borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Alternate Base Rate Loans, Eurodollar LIBOR Rate Loans or a combination thereof, and if Eurodollar LIBOR Rate Loans are requested, the Interest Period(s) therefor, (E) the applicable Borrower and the Eligible Asset to be financed and (F) a calculation of the Availability. If the Borrower Borrowers shall fail to specify in any such Notice of Borrowing (I1) an applicable Interest Period in the case of a Eurodollar LIBOR Rate Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II2) the type Type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base LIBOR Rate Loan hereunder. The Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender’s share of any borrowing to be made pursuant thereto.

Appears in 1 contract

Samples: Credit Agreement (CapLease, Inc.)

Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writing) to the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender’s 's share of any borrowing to be made pursuant thereto.

Appears in 1 contract

Samples: Credit Agreement (Railworks Corp)

Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written telephonic notice (or telephonic notice promptly confirmed in writing) to the Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender’s 's share of any borrowing to be made pursuant thereto.

Appears in 1 contract

Samples: Credit Agreement (Pluma Inc)

Notice of Borrowing. The Borrower Borrowers shall request a Revolving Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writing) to the Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, borrowed and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing shall fail to specify (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Agent shall give notice to each affected Revolving Lender promptly upon before 5:00 p.m. (Charlotte, North Carolina time) on the day of receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), specifying the contents thereof and each such Lender’s 's share of any borrowing to be made pursuant thereto.

Appears in 1 contract

Samples: Credit Agreement (Speedway Motorsports Inc)

Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice delivering a Notice of Borrowing (or telephonic telephone notice promptly confirmed in writingwriting through a Notice of Borrowing) to the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Alternate Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar LIBOR Rate Loans. Each such request for borrowing Notice of Borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Alternate Base Rate Loans, Eurodollar LIBOR Rate Loans or a combination thereof, and if Eurodollar LIBOR Rate Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I1) an applicable Interest Period in the case of a Eurodollar LIBOR Rate Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II2) the type Type of Revolving Loan requested, then such notice shall be deemed to be a request for a Alternate Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Lender Lender, promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), of the contents thereof and of each such Lender’s share of any borrowing to be made pursuant thereto.

Appears in 1 contract

Samples: Credit Agreement (Hni Corp)

Notice of Borrowing. The Borrower Borrowers shall request a Committed Revolving Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writing) from either Borrower to the Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Committed Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. A form of Notice of Borrowing (a "Notice of Borrowing") is attached as Schedule 2.1(b)(i). If the Borrower giving such Notice of Borrowing shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Committed Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Promptly upon receipt of each Notice of Borrowing, the Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender’s share of any borrowing to be made pursuant thereto's Revolving Commitment Percentage thereof.

Appears in 1 contract

Samples: Credit Agreement (Promus Hotel Corp)

Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writingwriting which confirmation may be by fax) to the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Alternate Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar LIBOR Rate Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Alternate Base Rate Loans, Eurodollar LIBOR Rate Loans or a combination thereof, and if Eurodollar LIBOR Rate Loans are requested, the Interest Period(s) therefor. A form of Notice of Borrowing (a "Notice of Borrowing") is attached as Schedule 2.1(b)(i). If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar LIBOR Rate Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type Type of Revolving Loan requested, then such notice shall be deemed to be a request for a an Alternate Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i)Borrowing, the contents thereof and each such Lender’s 's share of any borrowing to be made pursuant theretothereof.

Appears in 1 contract

Samples: Credit Agreement (Florida Rock Industries Inc)

Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic notice promptly confirmed in writing) to the Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Agent shall give notice to each affected Revolving Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender’s 's share of any borrowing to be made pursuant thereto.

Appears in 1 contract

Samples: Credit Agreement (Cluett Peabody & Co Inc /De)

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