Common use of Notices Irrevocable Clause in Contracts

Notices Irrevocable. Each Notice of Borrowing and each Notice of Conversion or Continuation delivered by a Borrower shall be irrevocable and binding on such Borrower. In the case of the initial Borrowing or any Borrowing which the related Notice of Conversion or Continuation specifies is to be comprised of Eurodollar Advances, the Borrowers shall indemnify each Lender against any loss, out-of-pocket cost or expense actually incurred by such Lender as a result of any failure to fulfill on or before the Borrowing Date or the date specified in such Notice of Conversion or Continuation for such Borrowing the applicable conditions set forth in Article III, including, without limitation, any loss, cost or expense actually incurred by reason of the liquidation or reemployment of deposits or other funds acquired by such Lender to fund the Revolving Advance to be made by such Lender as part of such Borrowing when such Revolving Advance, as a result of such failure, is not made on such date.

Appears in 4 contracts

Samples: Credit Agreement (MxEnergy Holdings Inc), Credit Agreement (MxEnergy Holdings Inc), Credit Agreement (MxEnergy Holdings Inc)

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Notices Irrevocable. Each Notice of Borrowing and each Notice of Conversion or Continuation delivered by a the Borrower shall be irrevocable and binding on such the Borrower. In the case of the initial Borrowing or any Borrowing which the related Notice of Conversion or Continuation specifies is to be comprised of Eurodollar Advances, the Borrowers Borrower shall indemnify each Lender against any loss, out-of-pocket cost or expense actually incurred by such Lender as a result of any failure to fulfill on or before the Borrowing Date or the date specified in such Notice of Conversion or Continuation for such Borrowing the applicable conditions set forth in Article III, including, without limitation, any loss, cost or expense actually incurred by reason of the liquidation or reemployment of deposits or other funds acquired by such Lender to fund the Revolving Advance to be made by such Lender as part of such Borrowing when such Revolving Advance, as a result of such failure, is not made on such date.

Appears in 4 contracts

Samples: Credit Agreement (Quintana Energy Services Inc.), Credit Agreement (Quintana Energy Services Inc.), Credit Agreement (Quintana Energy Services Inc.)

Notices Irrevocable. Each Notice of Borrowing and each Notice of Conversion or Continuation delivered by a Borrower shall be irrevocable and binding on such Borrowerthe Borrowers. In the case of the initial Borrowing or any Borrowing which the related Notice of Borrowing or Notice of Conversion or Continuation specifies is to be comprised of Eurodollar Advances, the Borrowers Company shall indemnify each Lender against any loss, out-of-pocket cost or expense actually incurred by such Lender as a result of any failure to fulfill on or before the Borrowing Date or the date specified in such Notice of Borrowing or such Notice of Conversion or Continuation for such Borrowing the applicable conditions set forth in Article III, including, without limitation, any loss, cost or expense actually incurred by reason of the liquidation or reemployment of deposits or other funds acquired by such Lender to fund the Revolving Advance to be made by such Lender as part of such Borrowing when such Revolving Advance, as a result of such failure, is not made on such date.

Appears in 4 contracts

Samples: Credit Agreement (Global Industries LTD), Credit Agreement (Global Industries LTD), Credit Agreement (Global Industries LTD)

Notices Irrevocable. Each Notice of Borrowing and each Notice of Conversion or Continuation delivered by a the Borrower shall be irrevocable and binding on such the Borrower. In the case of the initial Borrowing or any Borrowing which the related Notice of Conversion or Continuation specifies is to be comprised of Eurodollar Advances, the Borrowers Borrower shall indemnify each Lender against any loss, out-of-pocket cost or expense actually incurred by such Lender as a result of any failure to fulfill on or before the Borrowing Date or the date specified in such Notice of Conversion or Continuation for such Borrowing the applicable conditions set forth in Article III, including, without limitation, any loss, cost or expense actually incurred by reason of the liquidation or reemployment of deposits or other funds acquired by such Lender to fund the Revolving Advance to be made by such Lender as part of such Borrowing when such Revolving Advance, as a result of such failure, is not made on such date.

Appears in 2 contracts

Samples: Credit Agreement (Diamondback Energy Services, Inc.), Credit Agreement (Diamondback Energy Services, Inc.)

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Notices Irrevocable. Each Notice of Borrowing and each Notice of Conversion or Continuation delivered by a Borrower shall be irrevocable and binding on such Borrowerthe Borrowers. In the case of the initial Borrowing or any Borrowing which the related Notice of Conversion or Continuation Borrowing specifies is to be comprised of Eurodollar Rate Advances, the Borrowers shall indemnify each Lender against any loss, loss or out-of-pocket cost or expense actually incurred by such Lender as a result of any failure to fulfill on or before the condition precedent for Borrowing Date or the date specified in such Notice of Conversion or Continuation for such Borrowing the applicable conditions set forth in Article IIIIII not being satisfied or waived by the Administrative Agent and the Majority Lenders for any reason, including, without limitation, any loss, cost or expense actually incurred by reason of the liquidation or reemployment of deposits or other funds acquired by such Lender to fund the Revolving Advance to be made by such Lender as part of such Borrowing when such Revolving Advance, as a result of such failure, is not made on such date.

Appears in 1 contract

Samples: Credit Agreement (Arkansas Best Corp /De/)

Notices Irrevocable. Each Notice of Borrowing and each Notice of Conversion or Continuation delivered by a Borrower shall be irrevocable and binding on the Borrowers delivering such Borrowernotice. In the case of the initial Borrowing or any Borrowing which the related Notice of Borrowing or Notice of Conversion or Continuation specifies is to be comprised of Eurodollar Fixed Rate Advances, the Borrowers each Borrower shall indemnify each Lender Bank against any loss, out-of-pocket cost or expense actually incurred by such Lender Bank as a result of any failure to fulfill on or before the Borrowing Date or the date specified in such Notice of Borrowing or such Notice of Conversion or Continuation for such Borrowing the applicable conditions set forth in Article III, including, without limitation, any loss, cost or expense actually incurred by reason of the liquidation or reemployment of deposits or other funds acquired by such Lender Bank to fund the Revolving Advance to be made by such Lender Bank as part of such Borrowing when such Revolving Advance, as a result of such failure, is not made on such date.

Appears in 1 contract

Samples: Credit Agreement (Schweitzer Mauduit International Inc)

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