Procedure for Borrowing Advances Sample Clauses
Procedure for Borrowing Advances. (a) Borrowing Agent on behalf of any Borrower may notify Agent prior to 10:00 a.m. on a Business Day of a Borrower’s request to incur, on that day, a Revolving Advance hereunder. Should any amount required to be paid as interest hereunder, or as fees or other charges under this Agreement or any other agreement with Agent or Lenders, or with respect to any other Obligation, become due, same shall be deemed a request for a Revolving Advance as of the date such payment is due, in the amount required to pay in full such interest, fee, charge or Obligation under this Agreement or any other agreement with Agent or Lenders, and such request shall be irrevocable. Notwithstanding anything to the contrary contained herein, Revolving Advances deemed to be requested pursuant to the previous sentence may be made regardless of (i) the existence or continuance of any Default or Event of Default, (ii) the fact that the aggregate outstanding amount of all Revolving Advances after giving effect to such deemed request shall exceed the Maximum Revolving Advance Amount or the Formula Amount, or (iii) any other restrictions on the making of Revolving Advances contained herein.
(b) Notwithstanding the provisions of (a) above, in the event any Borrower desires to obtain a Eurodollar Rate Loan, Borrowing Agent shall give Agent written notice by no later than 10:00 a.m. on the day which is three (3) Business Days prior to the date such Eurodollar Rate Loan is to be borrowed, specifying (i) the date of the proposed borrowing (which shall be a Business Day), (ii) the type of borrowing and the amount on the date of such Advance to be borrowed, which amount shall be an integral multiple of $250,000 and (iii) the duration of the first Interest Period therefor. Interest Periods for Eurodollar Rate Loans shall be for one, two or three months; provided, if an Interest Period would end on a day that is not a Business Day, it shall end on the next succeeding Business Day unless such day falls in the next succeeding calendar month in which case the Interest Period shall end on the next preceding Business Day. No Eurodollar Rate Loan shall be made available to Borrowers during the continuance of a Default or an Event of Default. After giving effect to each requested Eurodollar Rate Loan, including those which are converted from a Domestic Rate Loan under Section 2.2(d), there shall not be outstanding more than eight (8) Eurodollar Rate Loans, in the aggregate.
(c) Each Interest Period of a Eur...
Procedure for Borrowing Advances. (i) Each Advance shall be made by a written request by a Responsible Officer of the Borrower Representative in the form of Exhibit I (a “Advance Request”) delivered to the Administrative Agent and received by the Administrative Agent no later than (x) 1:30 p.m. Local Time on the Business Day that is the requested Funding Date in the case of a request for a Swingline Loan, (y) 1:30 p.m. Local Time on the Business Day that is the requested Funding Date in the case of other U.S. Advances of U.S. Base Rate Loans or Canadian Advances of Canadian Prime Rate Loans or Canadian Base Rate Loans, (z) no later than 1:30 p.m. Local Time on the Business Day that is three (3) Business Days prior to the requested Funding Date in the case of Advances of Contract Rate Loans, in each case, specifying (A) the amount of such Advance and, in the case of clause (iv), whether such Advance requested will be a U.S. Advance or a Canadian Advance, (B) the Applicable Currency for the requested Advance (which currency shall be permitted hereunder), (C) (x) in the case of any requested U.S. Advances to be denominated in U.S. Dollars, whether such U.S. Advances are to be comprised of U.S. Base Rate Loans or LIBOR Rate Loans, (y) in the case of any requested Canadian Advances to be denominated in Canadian Dollars, whether such Canadian Advances are to be comprised of Canadian Prime Rate Loans or BA Rate Loans, and (z) in the case of any requested Canadian Advances to be denominated in U.S. Dollars, whether such Advances are to be comprised of Canadian Base Rate Loans or LIBOR Rate Loans; (D) subject to the notice periods set forth above, the requested Funding Date (which shall be a Business Day), and (E) in the case of any requested Advance of Contract Rate Loans, the Interest Period applicable thereto. At the Administrative Agent’s election, in lieu of delivering the above-described Advance Request, any Responsible Officer of the Borrower Representative may give the Administrative Agent telephonic notice of such request by the required time. In such circumstances, the Borrowers agree that any such telephonic notice will be confirmed in writing within 24 hours of the giving of such telephonic notice, but the failure to provide such written confirmation shall not affect the validity of the request. Advances for the account of a U.S. Borrower may be denominated in U.S. Dollars or Euros and Advances for the account of a Canadian Borrower may be denominated in Canadian Dollars or U.S. Dollars...
Procedure for Borrowing Advances. (a) The Borrower Representative shall notify the Agent by providing the Agent with a notice of loan substantially in the form attached hereto as Exhibit D hereto (a “Notice of Loan”) prior to 11:00 a.m. on a Business Day of a Borrower’s request to incur, on that day, a Revolving Loan hereunder. Should any amount required to be paid as interest hereunder, or as fees or other charges under this Agreement or any other agreement with the Agent or any Lender, or with respect to any other Obligation, become due, the same shall be deemed a request for a Revolving Loan charged to the Loan Account as of the date such payment is due, in the amount required to pay in full such interest, fee, charge or Obligation under this Agreement or any other agreement with the Agent, any Lender or the Issuer, and such request shall be irrevocable.
(b) The Borrower Representative may elect to convert all of the Loans to Base Rate Loans (or SOFR Loans if they are Base Rate Loans) by providing irrevocable notice to the Agent. Each such notice shall be in form and substance satisfactory to the Agent in its Permitted Discretion, appropriately completed and signed by an Authorized Officer of the Borrower and must be received by the Agent at least one (1) Business Day prior to the effective day of such request.
Procedure for Borrowing Advances. 21 2.3 Disbursement of Advance Proceeds ............................ 23 2.4 Maximum Advances ............................................ 23 2.5
Procedure for Borrowing Advances. (a) Borrowing Agent on behalf of any Borrower may notify Agent prior to 11:00 a.m. on a Business Day of a Borrower's request to incur, on that day, a Revolving Advance hereunder. Subject to the satisfaction of the conditions set forth in Section 8.3 hereof, in the event any Borrower desires an Equipment Loan, Borrowing Agent shall give Agent at least three (3) Business Days' prior written notice. Should any amount required to be paid as interest
Procedure for Borrowing Advances. (a) Borrowing Agent, on behalf of Borrowers, may notify Lender prior to 11:00 a.m. on a Business Day of Borrowers' request to incur, on that day, a Revolving Advance hereunder. Such request shall indicate the amount of the requested Revolving Advance. Should any amount required to be paid as interest hereunder, or as fees or other charges under this Agreement or any other agreement with Agent or any Lender, or with respect to any other Obligation, become due, same shall to the extent not otherwise paid be deemed a request for a Revolving Advance bearing interest at the rate applicable to Domestic Rate Loans as of the date such payment is due, in the amount required to pay in full such interest, fee, charge or Obligation under this Agreement or any other agreement with Agent or any Lender, and such request shall be irrevocable.
(b) On the Closing Date, all Revolving Advances shall be Domestic Rate Loans. On or prior to the third Business Day prior to the end of a month during the Term, commencing with the month of May, 2000, Borrowing Agent, on behalf of Borrowers, may, in writing, designate to Lender in advance the percentage of the Revolving Advances for the immediately succeeding month which shall constitute Domestic Rate Loans and the percentage of the Revolving Advances which shall constitute Eurodollar Rate Loans. If Borrowing Agent fails to timely make such a designation to Lender for any month, the interest rate designations for such month shall continue to be the interest rate designations as in effect for the immediately preceding month.
(c) Notwithstanding anything to the contrary contained herein, upon the occurrence of an Event of Default, and during its continuance, all Eurodollar Rate Loans shall automatically be converted to Domestic Rate Loans, and Borrowers shall have no right to request, and Lender shall thereafter have no obligation to make Eurodollar Rate Loans.
Procedure for Borrowing Advances. (a) As to the Advances to be made on the Closing Date, the Borrower shall notify the Administrative Agent prior to 1:30 P.M. New York time (i) on the Business Day immediately preceding the Closing Date of the Borrower's request to incur on the Closing Date Domestic Rate Loans consisting of Term Loan B or any Revolving Advance and (ii) three (3) Business Days immediately preceding the Closing Date of the Borrower's request to incur on the
Procedure for Borrowing Advances. Borrowing Agent on behalf of any Borrower may notify Agent prior to 11:00 a.m. (Central Time) on a Business Day of a Borrower’s request to incur, on that day, a Revolving Advance hereunder. Should any amount required to be paid as interest hereunder, or as fees or other charges under this Agreement or any other agreement with Agent or Lenders, or with respect to any other Obligation, become due, same shall be deemed a request for a Revolving Advance as of the date such payment is due, in the amount required to pay in full such interest, fee, charge or Obligation under this Agreement or any other agreement with Agent or Lenders, and such request shall be irrevocable.
Procedure for Borrowing Advances. Each Borrowing shall be made by a written request by an Authorized Person delivered to Agent (which may be delivered through Agent's electronic platform or portal) and received by Agent no later than 11:00 a.m.
(i) on the Business Day that is the requested Funding Date in the case of a request for a Swing Loan, (ii) on the Business Day that is one Business Day prior to the requested Funding Date in the case of a request for a Base Rate Loan, and (iii) on the Business Day that is three Business Days prior to the requested Funding Date in the case of all other requests, specifying (A) the amount of such Borrowing, and (B) the requested Funding Date (which shall be a Business Day); provided, that Agent may, in its sole discretion, elect to accept as timely requests that are received later than 11:00 a.m. on the applicable Business Day. All Borrowing requests which are not made on-line via Agent's electronic platform or portal shall be subject to (and unless Agent elects otherwise in the exercise of its sole discretion, such Borrowings shall not be made until the completion of) Agent's authentication process (with results satisfactory to Agent) prior to the funding of any such requested Advance.
Procedure for Borrowing Advances. (a) Borrowing Agent on behalf of any Borrower may notify Agent prior to 11:00 a.m. on a Business Day of a Borrower's request to incur, on that day, a Revolving Advance hereunder. Unless requested pursuant to Section 2.2(b) below, all Advances shall be Domestic Rate Loans. Should any amount required to be paid as interest hereunder, or as fees or other charges under this Agreement or any other related agreement with Agent or Lenders, or with respect to any other Obligation, become due, same shall be deemed a request for a Revolving Advance as of the date such payment is due, in the amount required to pay in full such interest, fee, charge or Obligation under this Agreement or any other agreement with Agent or Lenders, and such request shall be irrevocable. Notwithstanding anything to the contrary contained herein, Revolving Advances deemed to be requested pursuant to this Section 2.2(a) shall be made regardless of (i) the existence or continuance of any Default or Event of Default;
