Notice of Loans. The Borrowers shall, through a Responsible Officer of any of the Borrowers, give the Agent irrevocable written, facsimile or telephonic notice (promptly confirmed by written or facsimile notice) of each borrowing (including, without limitation, a conversion or continuation as permitted by Section 2.02(e) hereof) not later than 11:00 A.M., New York City time, (i) three (3) Business Days before a proposed Eurodollar Loan borrowing or conversion or continuation and (ii) one Business Day before an Alternate Base Loan borrowing or conversion (except that no such confirmation or notice as required by (ii) above will be required, unless requested by the Agent, to the extent that the proceeds of such borrowing are requested to be disbursed to Borrowers' controlled disbursement account maintained with the Agent). Such notice shall specify (w) whether the Loans then being requested are to be Alternate Base Loans or Eurodollar Loans, (x) the date of such borrowing (which shall be a Business Day) and amount thereof and (y) if such Loans are to be Eurodollar Loans, the Interest Period with respect thereto. If no election as to the type of Loan is specified in any such notice, all such Loans shall be Alternate Base Loans. If no Interest Period with respect to any Eurodollar Loan is specified in any such notice, then an Interest Period of one month's duration shall be deemed to have been selected; provided, however, that no such Interest Period may be for more than one month for the period commencing on the Closing Date and ending on the earlier to occur of (x) the 120th day following the Closing Date and (y) the completion to the satisfaction of The Chase Manhattan Bank of the syndication of its portion of the Total Commitment and the Loans and other Credits thereunder. The Agent shall promptly advise the Lenders of any notice given pursuant to this Section 2.03 and of each Lender's portion of the requested borrowing.
Notice of Loans. 27 SECTION 2.04. Notes; Repayment of Loans..............................27 SECTION 2.05.
Notice of Loans. (a) A Borrower requesting a Loan shall give the Administrative Agent irrevocable telephonic (promptly confirmed in writing), written, telecopy or telex notice in the form of Exhibit B with respect to each Loan (i) in the case of a LIBO Rate Loan, not later than 10:30 a.m., New York City time, three Business Days before a proposed borrowing, and (ii) in the case of a Reference Rate Loan, not later than 10:30 a.m., New York City time, on the date of a proposed borrowing. Such notice shall be irrevocable (except that in the case of a LIBO Rate Loan, such Borrower may, subject to Section 2.13, revoke such notice by giving written or telex notice thereof to the Administrative Agent not later than 10:30 a.m., New York City time, two Business Days before such proposed borrowing) and shall in each case refer to this Agreement and specify (1) the Borrower to which the Loan then being requested is to be made, (2) whether the Loan then being requested is to be a Reference Rate Loan or LIBO Rate Loan, (3) the date of such Loan (which shall be a Business Day) and amount thereof, and (4) if such Loan is to be a LIBO Rate Loan, the Interest Period or Interest Periods (which shall not end after the Maturity Date) with respect thereto. If no election as to the type of Loan is specified in any such notice by such Borrower, such Loan shall be a Reference Rate Loan. If no Interest Period with respect to any LIBO Rate Loan is specified in any such notice by a Borrower, then the applicable Borrower shall be deemed to have selected an Interest Period of one month's duration. The Administrative Agent shall promptly advise the other Banks of any notice given by a Borrower pursuant to this Section 2.3(a) and of each Bank's portion of the requested Loan.
Notice of Loans. Jitney Jungle shall, through a Responsible Officer, give the Agent irrevocable written, telex or facsimile notice (promptly confirmed in writing) of each borrowing (including, without limitation, a conversion as permitted by Section 2.02(e) hereof) (i) not later than 11:00 A.M., New York City time, three (3) Business Days before a proposed Eurodollar Loan borrowing or conversion and (ii) not later than 1:00 P.M., New York City time on the Business Day of the requested Base Rate Loan borrowing or conversion. Such notice shall specify (w) whether the Loans then being requested are to be Base Rate Loans or Eurodollar Loans, (x) the date of such borrowing (which shall be a Business Day) and amount thereof, (y) if such Loans are to be Eurodollar Loans, the Interest Period with respect thereto and (z) the Borrower for whose account such borrowing is being made. If no election as to the type of Loan is specified in any such notice, all such Loans shall be Base Rate Loans. If no Interest Period with respect to any Eurodollar Loan is specified in any such notice, then an Interest Period of one (1) month's duration shall be deemed to have been selected. The Agent shall promptly advise the Lenders of any notice given pursuant to this Section 2.03 and of each Lender's portion of the requested borrowing.
Notice of Loans. 30 SECTION 2.04. Notes; Repayment of Loans.............................................................31 SECTION 2.05. Interest on Loans.....................................................................33 SECTION 2.06. Fees..................................................................................33 SECTION 2.07. Termination and Reduction of Revolving Credit Commitments..................................................................34 SECTION 2.08. Interest on Overdue Amounts; Alternate Rate of Interest.....................................................................34 SECTION 2.09. Prepayment of Loans...................................................................35 SECTION 2.10. Reserve Requirements; Change in Circumstances.........................................39 SECTION 2.11. Change in Legality....................................................................41 SECTION 2.12. Indemnity.............................................................................42
Notice of Loans. 25 SECTION 2.04. Notes; Repayment of Loans ................................................................. 25 SECTION 2.05. Interest on Loans ......................................................................... 28 SECTION 2.06. Fees ...................................................................................... 28
Notice of Loans. If a Partner desires to make a Partner Loan, such Partner (the "Initiating Partner") shall give the other Partners (the "Non-Initiating Partners") Notice of the Initiating Partner's intent to fund a Partner Loan, which Notice shall state the following: (i) the total amount of the Partner Loan proposed to be funded; (ii) the purpose for the proposed Partner Loan; and (iii) the proposed funding date of such Partner Loan, which date (the "Funding Date") shall not be less than 10 days following the date of such Notice; provided that (A) the notice requirement shall be shortened to the extent necessary to permit a Partner to fund a Partner Loan for the purpose of curing or preventing the occurrence of a default under the Project Loans or under the Project Documents, or to pay Partnership expenses that AHF reasonably believes will not be paid timely by the Partnership, or (B) if the General Partner is in default of its obligations hereunder, AHF may fund a Partner Loan without prior Notice to the General Partner. The Non- Initiating Partner shall notify the Initiating Partner at least 5 days prior to the Funding Date whether and in what amount the Non-Initiating Partner intends to make a Partner Loan to the Partnership, which amount may be up to, but not in excess of, 50% of the total proposed Partner Loan. The Initiating Partner and the Non-Initiating Partner shall each fund the portion of the Partner Loan it agreed to make by the Funding Date. If a Partner fails to make such Partner Loan to the Partnership on or before the Funding Date, the Partner who makes such Partner's share of the Partner Loan may, at such Partner's option, advance to the Partnership the amount of the non-lending Partner's share of the Partner Loan. Without limiting the generality of the foregoing, AHF shall have the right to propose and fund a Partner Loan for the purpose of payment of any indebtedness owed to AHF or its Affiliates. No Partner has the right to propose and fund a Partner Loan to fund distributions and/or payments to be made pursuant to Sections 9.1, 9.2 and 9.3 of this Agreement.
Notice of Loans. The Borrower shall, through a Responsible Officer of the Borrower, give the Lenders irrevocable written, telex or facsimile notice (promptly confirmed in writing) of each borrowing not later than 11:00 A.M., New York City time, two (2) Business Days before a proposed borrowing. Such notice shall specify the date of such borrowing (which shall be a Business Day) and the amount thereof.
Notice of Loans. The Borrower shall give the Agent irrevocable written or facsimile notice (promptly confirmed in writing) of each borrowing to be made by the Borrower (including, without limitation, a conversion as permitted by Section 2.02(e) hereof) not later than (i) 8:00 a.m., San Francisco, California time, the Business Day of a proposed Reducing Revolver Loan consisting of an Alternate Base Loan borrowing or any Alternate Base Loan conversion, (ii) 8:00 a.m., San Francisco, California time, three (3) Business Days before a proposed Reducing Revolver Loan consisting of a Eurodollar Loan borrowing or any Eurodollar Loan conversion, (iii) 8:00 a.m., San Francisco, California time, the Business Day of a proposed Revolving Credit Loan consisting of a Reference Rate Loan borrowing or any Reference Rate Loan conversion, (iv) 8:00 a.m., San Francisco, California time, the Business Day of a proposed Revolving Credit Loan consisting of an Alternate Base Loan borrowing or any Alternate Base Loan conversion, and (v) 8:00 a.m., San Francisco, California time, the Business Day of a proposed Swingline Loan. Such notice shall be in substantially the form of Exhibit I hereto (the "Borrowing Notice") and shall (i) specify whether the Loans then being requested are to be Reducing Revolver Loans, Revolving Credit Loans or Swingline Loans, (ii) specify whether the Loans then being requested are to be Alternate Base Loans, Reference Rate Loans or Eurodollar Loans, (iii) specify the date of such borrowing (which shall be a Business Day) and amount thereof, (iv) if such Loans are to be Eurodollar Loans, specify the Interest Period with respect thereto, (v) state that the representations and warranties set forth in Article III hereof and in any documents delivered in connection herewith shall be true and correct in all material respects with the same effect as though made on and as of such date (except insofar as such representations and warranties relate expressly to an earlier date), (vi) state that no Default or Event of Default has occurred and is continuing or would otherwise be created by such borrowing, and (vii) if such borrowing is to be a Reducing Revolver Loan and if requested by the Agent, set forth the calculations of the financial covenants (which financial covenants shall be calculated after giving effect to the proposed Reducing Revolver Loan) in such Borrowing Notice and compliance therewith. If no election as to the Type of Loan is specified in any such notice, all such Lo...
Notice of Loans. The Borrower shall, through a Responsible Officer of the Borrower, give the Agent irrevocable written, facsimile or telephonic notice (promptly confirmed by written or facsimile notice) of each borrowing not later than 11:00 a.m., New York City time, one Business Day before any borrowing hereunder. Such notice shall specify the date of such borrowing (which shall be a Business Day) and amount thereof. The Agent shall promptly advise the Lenders of any notice given pursuant to this Section 2.3 and of each Lender's portion of the requested borrowing.
