Common use of Procedure for Borrowing Clause in Contracts

Procedure for Borrowing. (a) The Borrower may borrow under the Revolving Credit Commitments (subject to the limitations in Section 2.01(a)) and the Borrower may borrow the Term B-1 Commitments by giving the Administrative Agent notice substantially in the form of Exhibit B (a “Borrowing Request”), which notice must be received by the Administrative Agent prior to (a) 11:00 a.m., New York City time, three Business Days prior to the requested Borrowing Date, in the case of a Eurodollar Borrowing, or (b) 11:00 a.m., New York City time, on the Business Day prior to the requested Borrowing Date, in the case of an ABR Borrowing. The Borrowing Request from the Borrower for each Borrowing shall specify (i) whether the requested Borrowing is to be a Revolving Credit Borrowing or a Term B-1 Borrowing, (ii) the amount to be borrowed, (iii) the requested Borrowing Date (which must be the Amendment Effective Date, in the case of a Term B-1 Borrowing), (iv) whether the Borrowing is to be of Eurodollar Loans or ABR Loans, (v) if the Borrowing is to be of Eurodollar Loans, the length of the initial Interest Period therefor, and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of this Agreement. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Notwithstanding the foregoing, all Borrowings on the Original Effective Date shall be ABR Loans.

Appears in 2 contracts

Samples: Credit Agreement (Spirit AeroSystems Holdings, Inc.), Credit Agreement (Spirit AeroSystems Holdings, Inc.)

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Procedure for Borrowing. (a) The Borrower may borrow under the Revolving Credit Commitments (subject to the limitations in Section 2.01(a)) and the Borrower may borrow or the Term B-1 Commitments by giving the Administrative Agent notice substantially in the form of Exhibit B (a “Borrowing Request”), which notice must be received by the Administrative Agent prior to (a) 11:00 a.m.12:00 noon, New York City time, three Business Days prior to the requested Borrowing Date, in the case of a Eurodollar Borrowing, or (b) 11:00 a.m.12:00 noon, New York City time, on the Business Day prior to the requested Borrowing Date, in the case of an ABR Borrowing. The Borrowing Request from the Borrower for each Borrowing shall specify (i) whether the requested Borrowing is to be a Revolving Credit Borrowing or a Term B-1 Borrowing, (ii) the amount to be borrowed, (iii) the requested Borrowing Date (which must be the Amendment Effective Date, in the case of a Term B-1 Borrowing), (iv) whether the Borrowing is to be of Eurodollar Loans or ABR Loans, (v) if the Borrowing is to be of Eurodollar Loans, the length of the initial Interest Period therefor, and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of this Agreement. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Notwithstanding the foregoing, all Borrowings on the Original Effective Date shall be ABR Loans.

Appears in 2 contracts

Samples: Credit Agreement (Polymer Group Inc), Credit Agreement (Polymer Group Inc)

Procedure for Borrowing. (a) The Borrower may borrow under the Revolving Credit Commitments (subject to the limitations in Section 2.01(a)) and Borrower and the Additional Borrower may borrow under the Term B-1 Commitments by giving the Administrative Agent notice substantially in the form of Exhibit B C (a “Borrowing Request”), which notice must be received by the Administrative Agent prior to (a) 11:00 a.m., New York City time, three Business Days prior to the requested Borrowing Date, in the case of a Eurodollar Borrowing, or (b) 11:00 a.m., New York City time, on the Business Day prior to the requested Borrowing Date, in the case of an ABR Borrowing; provided that any such notice of an ABR Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.06(e) may be given by 11:00 a.m., New York City time, on the date of the proposed Borrowing. The Borrowing Request from the Borrower for each Borrowing shall specify (i) whether the requested Borrowing is to be a Revolving Credit Borrowing or a Term B-1 Borrowing, (ii) the amount to be borrowed, (iii) the requested Borrowing Date (which must be the Amendment Effective Closing Date, in the case of a Term B-1 Borrowing), (iv) whether the Borrowing is to be of Eurodollar Loans or ABR Loans, (v) if the Borrowing is to be of Eurodollar Loans, the length of the initial Interest Period therefor, and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of this Agreement. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s duration. Notwithstanding the foregoing, all Borrowings on the Original Effective Date shall be ABR Loans.

Appears in 2 contracts

Samples: Security Agreement (Emdeon Inc.), First Lien Security Agreement (Emdeon Inc.)

Procedure for Borrowing. (a) The Borrower may borrow under the Revolving Credit Commitments Loans (subject or continue Eurodollar Rate Loans or convert Eurodollar Rate Loans to the limitations in Section 2.01(a)Base Rate Loans or convert Base Rate Loans to Eurodollar Rate Loans) and the Borrower may borrow the Term B-1 Commitments by giving the Administrative Agent notice substantially on any Business Day (together with other capitalized terms not defined in the form body of this Agreement, as defined in Exhibit B A); but Borrower shall give written notice (each a “Borrowing RequestNotice”) to Lender no later than 11:00 am (Pittsburgh time) on the Business Day that is at least three Business Days before the date of funding a Loan or the date of the conversion or continuation of any Loan (each a “Borrowing Date”), which notice must be received by the Administrative Agent prior a Business Day. Borrower shall give such notice in a form acceptable to (a) 11:00 a.m., New York City time, three Business Days prior to the requested Lender and each such Borrowing Date, in the case of a Eurodollar Borrowing, or (b) 11:00 a.m., New York City time, on the Business Day prior to the requested Borrowing Date, in the case of an ABR Borrowing. The Borrowing Request from the Borrower for each Borrowing Notice shall specify (i) whether Borrower is requesting a Loan, a conversion of Loans from one Type to the requested Borrowing is to be a Revolving Credit Borrowing other, or a Term B-1 Borrowingcontinuation of Eurodollar Rate Loans, (ii) the amount to requested date of the borrowing, conversion or continuation, as the case may be borrowed(which shall be a Business Day), (iii) the requested Borrowing Date (which must principal amount of Loans to be the Amendment Effective Dateborrowed, in the case of a Term B-1 Borrowing)converted or continued, (iv) whether the Borrowing is Type of Loans to be of Eurodollar borrowed or to which existing Loans or ABR Loansare to be converted, (v) if the Borrowing is to be of Eurodollar Loansapplicable, the length duration of the initial Interest Period therefor, with respect thereto and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of this Agreement. If no election as Borrower fails to the specify a Type of Loan in a Borrowing is specifiedNotice or if Borrower fails to give a timely notice requesting a conversion or continuation, then the requested Borrowing applicable Loans shall be an ABR Borrowingmade as, or converted to, Base Rate Loans. If no Any such automatic conversion to Base Rate Loans shall be effective as of the last day of the Interest Period is specified then in effect with respect to any requested the applicable Eurodollar Borrowing, then Rate Loans. If the Borrower shall requests a borrowing of, conversion to, or continuation of Eurodollar Rate Loans in any such Loan Notice, but fails to specify an Interest Period, it will be deemed to have selected specified an Interest Period of one month’s duration. Notwithstanding A Loan may only be made in US Dollars. Lender will make such Loans available to Borrower by promptly crediting such amounts to the foregoing, all Borrowings on account of Borrower designated by Borrower in the Original Effective Date shall be ABR Loansapplicable Borrowing Notice.

Appears in 2 contracts

Samples: Working Capital Loan Agreement (EQT GP Holdings, LP), Loan Agreement (EQT GP Holdings, LP)

Procedure for Borrowing. (a) The Subject to the terms and conditions hereof, Borrower may borrow under the Revolving Credit Commitments (subject on any Business Day; provided that, with respect to the limitations in Section 2.01(a)) and the any borrowing, Borrower may borrow the Term B-1 Commitments by giving shall give the Administrative Agent (or, with respect to Swing Line Loans, the Swing Line Lender) irrevocable notice substantially in the form of Exhibit B Q (a “Borrowing Request”), which notice must be received by the Administrative Agent prior to 12:00 noon (aor, with respect to Swing Line Loans, 1:00 p.m.) 11:00 a.m., New York City time, (i) three Business Days prior to the requested Borrowing Date, in Date if all or any part of the case of a Loans are to be Eurodollar Borrowing, or Loans and (bii) 11:00 a.m., New York City time, on the one Business Day prior to the requested Borrowing DateDate (or, in the case of an ABR Borrowing. The Borrowing Request from Swing Line Loans and, if the Borrower for each Borrowing shall specify (i) whether Closing Date occurs on the date this Agreement is executed and delivered, Loans made on the Closing Date, on the requested Borrowing Date) if the borrowing is to be a Revolving Credit Borrowing or a Term B-1 Borrowing, solely of Alternate Base Rate Loans) and in either case specifying (iia) the amount of the borrowing, (b) whether such Loans are initially to be borrowedEurodollar Loans or Alternate Base Rate Loans or a combination thereof, (iiic) if the requested Borrowing Date (which must be the Amendment Effective Date, in the case of a Term B-1 Borrowing), (iv) whether the Borrowing borrowing is to be of Eurodollar Loans entirely or ABR Loans, (v) if the Borrowing is to be of partly Eurodollar Loans, the length of the initial Interest Period therefor, for such Eurodollar Loans and (vid) whether the location and number Loan is a Term Loan, a Swing Line Loan or Revolving Credit Loan. Upon receipt of such notice the Administrative Agent shall promptly notify each affected Lender thereof. Not later than 12:00 noon on the Borrowing Date specified in such notice, each affected Lender shall make available to the Administrative Agent at the office of the Borrower’s account Administrative Agent specified in subsection 11.2 (or at such other location as the Administrative Agent may direct) an amount in immediately available funds equal to which funds are the amount of the Loan to be disbursedmade by such Lender (except that proceeds of Swing Line Loans will be made available to Borrower in accordance with subsection 3.4(a)). Loan proceeds received by the Administrative Agent hereunder shall promptly be made available to Borrower in immediately available funds to be delivered by wire transfer to the account(s) designated by Borrower in the applicable borrowing notice, which shall comply with the requirements of this Agreement. If no election aggregate amount actually received by the Administrative Agent from the Lenders and in like funds as to received by the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Notwithstanding the foregoing, all Borrowings on the Original Effective Date shall be ABR LoansAdministrative Agent.

Appears in 2 contracts

Samples: Credit Agreement (Language Line Costa Rica, LLC), Credit Agreement (Language Line Holdings, Inc.)

Procedure for Borrowing. (a) The Borrower may borrow under Loans or continue Eurodollar Rate Loans or convert Eurodollar Rate Loans to Base Rate Loans or convert Base Rate Loans to Eurodollar Rate Loans on any Business Day (the Revolving Credit Commitments (subject to the limitations in Section 2.01(a)) and the Borrower may borrow the Term B-1 Commitments by giving the Administrative Agent notice substantially in the form date of Exhibit B (any such borrowing, conversion or continuation, each a “Borrowing RequestDate), which ) upon written notice must be received by (each a “Borrowing Notice”) to Lender no later than 11:00 am (Pittsburgh time) on the Administrative Agent prior to (a) 11:00 a.m., New York City time, Business Day that is at least three Business Days prior to before the requested Borrowing Date, . Borrower shall give such notice in the case of a Eurodollar Borrowing, or (b) 11:00 a.m., New York City time, on the Business Day prior form acceptable to the requested Lender and each such Borrowing Date, in the case of an ABR Borrowing. The Borrowing Request from the Borrower for each Borrowing Notice shall specify (i) whether Borrower is requesting a Loan, a conversion of Loans from one Type to the requested Borrowing is to be a Revolving Credit Borrowing other, or a Term B-1 Borrowingcontinuation of Eurodollar Rate Loans, (ii) the amount to requested date of the borrowing, conversion or continuation, as the case may be borrowed(which shall be a Business Day), (iii) the requested Borrowing Date (which must principal amount of Loans to be the Amendment Effective Dateborrowed, in the case of a Term B-1 Borrowing)converted or continued, (iv) whether the Borrowing is Type of Loans to be of Eurodollar borrowed or to which existing Loans or ABR Loansare to be converted, (v) if the Borrowing is to be of Eurodollar Loansapplicable, the length duration of the initial Interest Period therefor, with respect thereto and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of this Agreement. If no election as Borrower fails to the specify a Type of Loan in a Borrowing is specifiedNotice or if Borrower fails to give a timely notice requesting a conversion or continuation of any Eurodollar Rate Loan, then the requested Borrowing applicable Loans shall be an ABR Borrowingmade as, or converted to, Base Rate Loans. If no Any such automatic conversion to Base Rate Loans shall be effective as of the last day of the Interest Period is specified then in effect with respect to any requested the applicable Eurodollar Borrowing, then Rate Loans. If the Borrower shall requests a borrowing of, conversion to, or continuation of Eurodollar Rate Loans in any such Loan Notice, but fails to specify an Interest Period, it will be deemed to have selected specified an Interest Period of one month’s duration. Notwithstanding A Loan may only be made in US Dollars. Lender will make such Loans available to Borrower by wire transfer of immediately available funds to the foregoing, all Borrowings on domestic bank account of Borrower designated by Borrower in the Original Effective Date shall be ABR Loansapplicable Borrowing Notice.

Appears in 2 contracts

Samples: Working Capital Loan Agreement (Equitrans Midstream Corp), Working Capital Loan Agreement (EQGP Holdings, LP)

Procedure for Borrowing. (a) The Borrower may In order to borrow under the Revolving Credit Commitments (subject to the limitations in Section 2.01(a)) and the Borrower may borrow or the Term B-1 Commitments by giving Commitments, Borrower must give the Administrative Agent notice substantially in the form of Exhibit B (a “Borrowing Request”), which notice must be received by the Administrative Agent prior to (a) 11:00 a.m., New York City time, three Business Days prior to the requested Borrowing Date, in the case of a Eurodollar Borrowing, Borrowing or (b) 11:00 a.m., New York City time, on the Business Day prior to the requested Borrowing Date, in the case of an ABR Borrowing. The Borrowing Request from the Borrower for each Borrowing shall specify (i) whether the requested Borrowing is to be a Revolving Credit Borrowing or a Term B-1 Borrowing, (ii) the amount to be borrowed, (iii) the requested Borrowing Date (which must be the Amendment Effective Closing Date, in the case of a Term B-1 Borrowing), (iv) whether the Borrowing is to be of Eurodollar Loans or ABR Loans, (v) if the Borrowing is to be of Eurodollar Loans, the length of the initial Interest Period therefor, and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of this Agreement. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Notwithstanding the foregoing, all Borrowings on the Original Effective Date shall be ABR Loans.

Appears in 2 contracts

Samples: Credit Agreement (Rural Metro Corp /De/), Credit Agreement (Rural Metro Corp /De/)

Procedure for Borrowing. (a) The Subject to Section 4, the Borrower may borrow under the Revolving Credit Commitments (subject during the Commitment Period on any Business Day, with respect to the limitations in Section 2.01(a)) and Term Benchmark Loans, or any Business Day, with respect to ABR Loans, provided that the Borrower may borrow the Term B-1 Commitments by giving shall give the Administrative Agent irrevocable notice substantially in the form of Exhibit B (a “Borrowing Request”), which notice Notice”)(which Borrowing Notice must be received by the Administrative Agent prior to (a) 11:00 a.m.A.M., New York City time, three Business Days prior to the requested Borrowing DateDate for a Term Benchmark Loan, and 11:00 a.m. on the requested Borrowing Date for an ABR Loan), specifying (i) the aggregate amount to be borrowed and the aggregate amount outstanding after giving effect to such borrowing, (ii) the Type of each Loan requested, (iii) the requested Borrowing Date and (iv) with respect to any Term Benchmark Loan, the lengths of the initial Interest Periods therefor. The aggregate amount of each borrowing by the Borrower under the Commitments on any Borrowing Date shall be in an amount equal to (i) as to each ABR Loan, $1,000,000 or a whole multiple of $500,000 in excess thereof (or, if the case then Available Commitments are less than $1,000,000, such lesser amount); (ii) as to each Term Benchmark Loan, $1,000,000 or a whole multiple of a Eurodollar Borrowing$500,000 in excess thereof (or, or (b) 11:00 a.m.if the then Available Commitments are less than $1,000,000, such lesser amount). Upon receipt of any such Borrowing Notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 prior to 4:00 P.M., New York City time, on the Business Day prior Borrowing Date requested by the Borrower in funds immediately available to the requested Borrowing Date, in the case of an ABR BorrowingAdministrative Agent. The Borrowing Request from Such borrowing will then be made available to the Borrower for each Borrowing shall specify (i) whether the requested Borrowing is to be a Revolving Credit Borrowing or a Term B-1 Borrowing, (ii) the amount to be borrowed, (iii) the requested on such Borrowing Date (which must be by the Amendment Effective Date, in Administrative Agent transferring by wire to the case custodian of a Term B-1 Borrowing), (iv) whether and for the Borrowing is to be of Eurodollar Loans or ABR Loans, (v) if the Borrowing is to be of Eurodollar Loans, the length account of the initial Interest Period therefor, and (vi) Borrower the location and number aggregate of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of this Agreement. If no election as amounts made available to the Type of Borrowing is specified, then Administrative Agent by the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then Lenders and in like funds as received by the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Notwithstanding the foregoing, all Borrowings on the Original Effective Date shall be ABR LoansAdministrative Agent.

Appears in 2 contracts

Samples: Credit Agreement (Kayne Anderson Energy Infrastructure Fund, Inc.), Credit Agreement

Procedure for Borrowing. (a) The Borrower may borrow under the Revolving Credit Commitments (for the avoidance of doubt, all Borrowings prior to a Revolving Credit Maturity Date shall be made, and deemed to be made, ratably among all Classes of Revolving Loans then in existence under this Agreement) or the Term Loan Commitments (in each case subject to the limitations in Section 2.01(a)) and the by Borrower may borrow the Term B-1 Commitments by giving the Administrative Agent notice substantially in the form of Exhibit B (each, a “Borrowing Request”), which notice must be received by the Administrative Agent prior to (a) 11:00 a.m., New York City time, three on the third Business Days Day prior to the requested Borrowing Date, in the case of a Eurodollar Borrowing, or (b) 11:00 a.m.12:00 noon, New York City time, on the Business Day prior to the requested Borrowing Date, in the case of an ABR Borrowing. The Each Borrowing Request from the Borrower for each Borrowing shall specify (i) whether the requested Borrowing is to be a Revolving Credit Borrowing or a Term B-1 Loan Borrowing, (ii) the amount to be borrowed, (iii) the requested Borrowing Date (which must be the Amendment Effective Datea Business Day and, in the case of a Term B-1 Loan Borrowing, which must be the Effective Date), (iv) whether the Borrowing is to be of Eurodollar Loans or ABR Loans, (v) if the Borrowing is to be of Eurodollar Loans, the length of the initial Interest Period therefor, and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of this Agreement. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Notwithstanding the foregoing, all Borrowings on the Original Effective Date shall be ABR Loans.

Appears in 2 contracts

Samples: Pledge Agreement (Lifepoint Health, Inc.), Credit Agreement (Lifepoint Hospitals, Inc.)

Procedure for Borrowing. (a) The Borrower may borrow under the Revolving Credit Commitments (subject to on any Business Day during the limitations in Section 2.01(a)) and Commitment Period, provided that the Borrower may borrow the Term B-1 Commitments by giving shall deliver to the Administrative Agent notice substantially in the form of Exhibit B a Borrowing Notice (a “which Borrowing Request”), which notice Notice must be received by the Administrative Agent prior to (a) 11:00 a.m.12:00 Noon, New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of a Eurodollar BorrowingLoans, or (b) 11:00 a.m., New York City time, on the one Business Day prior to the requested Borrowing Date, in the case of Base Rate Loans). Any Loans made on the Closing Date shall initially be Base Rate Loans, and no Loan may be made as, converted into or continued as a Eurodollar Loan having an ABR Borrowing. The Borrowing Request from Interest Period in excess of one month prior to the Borrower for each Borrowing shall specify date which is the earlier of (i) whether 60 days after the requested Borrowing is to be a Revolving Credit Borrowing or a Term B-1 Borrowing, Closing Date and (ii) the date on which the Arrangers notify the Borrower that the primary syndication of the Facility is complete. Each borrowing of Loans under the Commitments shall be in an amount equal to be borrowed, (iiix) the requested Borrowing Date (which must be the Amendment Effective Date, in the case of a Term B-1 Borrowing), (iv) whether the Borrowing is to be of Eurodollar Loans or ABR Base Rate Loans, $1,000,000 or a whole multiple in excess of $100,000 thereof (v) or, if the Borrowing is to be then aggregate Available Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $2,000,000 or a whole multiple of $100,000 in excess thereof. Upon receipt of any such Borrowing Notice from the length Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make its Commitment Percentage of the initial Interest Period therefor, and (vi) amount of each borrowing of Loans available to the location and number Administrative Agent for the account of the Borrower’s account Borrower at the Funding Office prior to which 12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower in funds are to be disbursed, which shall comply with the requirements of this Agreement. If no election as immediately available to the Type of Borrowing is specified, Administrative Agent. Such borrowing will then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect made available to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Notwithstanding by the foregoing, all Borrowings on Administrative Agent in like funds as received by the Original Effective Date shall be ABR LoansAdministrative Agent.

Appears in 2 contracts

Samples: Credit Agreement (U-Store-It Trust), Credit Agreement (U-Store-It Trust)

Procedure for Borrowing. (a) The Borrower may borrow under Each Borrowing of a Revolving Loan or of the Revolving Credit Commitments Initial Term Loan on the Closing Date shall be made upon the Borrower’s irrevocable (subject to the limitations in Section 2.01(a)10.5) and the Borrower may borrow the Term B-1 Commitments by giving the Administrative written notice delivered to Agent notice substantially in the form of Exhibit B (a “Borrowing Request”)Notice of Borrowing, which may be given by (A) telephone, or (B) a Notice of Borrowing; provided that any telephone notice must be confirmed immediately by delivery to Agent of a Notice of Borrowing. Each Notice of Borrowing must be received by the Administrative Agent prior to 11:00 a.m. (ai) 11:00 a.m.on the Closing Date, New York City timewith respect to Borrowings of Base Rate Loans to be made on the Closing Date, (ii) on the date which is three (3) Business Days prior to the requested Borrowing Date, date in the case of a Eurodollar Borrowing, or each LIBOR Rate Loan (b) 11:00 a.m., New York City time, including with respect to any Borrowings of LIBOR Rate Loans to be made on the Closing Date, if any, but any such notice prior to the Closing Date shall also require a funding indemnity agreement to be provided to Agent by the Borrower in form and substance reasonably acceptable to Agent), and (iii) on the date which is one (1) Business Day prior to the requested Borrowing date of each Base Rate Loan made after the Closing Date; provided, however, that if the Borrower wishes to request LIBOR Rate Loans having an Interest Period other than one, two, three or six months in duration as provided in the case definition of an ABR “Interest Period,” the applicable notice must be received by Agent not later than 11:00 a.m. four (4) Business Days prior to the requested date of such Borrowing. The Borrowing Request from , whereupon Agent shall give prompt notice to the Borrower for each Borrowing shall specify (i) appropriate Lenders of such request and determine whether the requested Borrowing is to be a Revolving Credit Borrowing or a Term B-1 Borrowing, (ii) the amount to be borrowed, (iii) the requested Borrowing Date (which must be the Amendment Effective Date, in the case of a Term B-1 Borrowing), (iv) whether the Borrowing is to be of Eurodollar Loans or ABR Loans, (v) if the Borrowing is to be of Eurodollar Loans, the length of the initial Interest Period therefor, and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of this Agreement. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect acceptable to any all of them. Not later than 11:00 a.m. three (3) Business Days before the requested Eurodollar date of such Borrowing, then Agent shall notify the Borrower shall (which notice may be deemed to have selected an by telephone) whether or not the requested Interest Period has been consented to by all the Lenders. Such Notice of one month’s duration. Notwithstanding the foregoing, all Borrowings on the Original Effective Date Borrowing shall be ABR Loans.specify:

Appears in 2 contracts

Samples: Credit Agreement (R1 RCM Inc.), Credit Agreement (R1 RCM Inc.)

Procedure for Borrowing. (a) The Borrower may borrow under the Revolving Credit Commitments (subject during the Commitment Period on any Business Day that an Advance may be requested pursuant to the limitations in terms of Section 2.01(a)) and 5.2 of the Participation Agreement, provided that the -------- Borrower may borrow the Term B-1 Commitments by giving shall give the Administrative Agent irrevocable notice substantially in the form of Exhibit B (a “Borrowing Request”), which notice must be received by the Administrative Agent (i) prior to (a) 11:00 a.m.12:00 Noon, New York City Dallas, Texas time, three Business Days prior to the requested Borrowing Date, in Date if all or any part of the case of a requested Loans are to be Eurodollar BorrowingLoans, or (bii) 11:00 a.m.prior to 10:00 a.m. Dallas, New York City time, on the Texas time three Business Day Days prior to the requested Borrowing Date, in the case of an ABR Borrowing. The Borrowing Request from the Borrower for each Borrowing shall specify (i) whether the requested Borrowing is Date with respect to any Loans that are to be a Revolving Credit Borrowing or a Term B-1 Borrowing, ABR Loans) specifying (iiA) the amount to be borrowedborrowed (which on any date shall not be in excess of the then Available Commitments), (iiiB) the requested Borrowing Date (which must be the Amendment Effective Date, in the case of a Term B-1 Borrowing), (ivC) whether the Borrowing is to be of Eurodollar Loans or ABR Loans, (v) if the Borrowing borrowing is to be of Eurodollar Loans, ABR Loans or a combination thereof, (D) if the length borrowing is to be a combination of Eurodollar Loans and ABR Loans, the respective amounts of each Type of Loan and (E) the Interest Period applicable to any Eurodollar Loan; provided, however, that during the Commitment Period (1) there shall be only one Interest Period applicable for all amounts outstanding hereunder bearing interest based on the Eurodollar Rate, (2) such Interest Period shall commence on the date that the first Eurodollar Loan hereunder is extended and (3) any amounts thereafter borrowed or converted hereunder during the Commitment Period which are to bear interest based on the Eurodollar Rate may only be borrowed or converted on the first day of the initial Interest Period therefor, and (vi) applicable to Eurodollar Loans. Pursuant to the location and number terms of the Borrower’s account to which funds are to be disbursedParticipation Agreement, which shall comply with the requirements of this Agreement. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period delivered such notice upon the delivery of one month’s durationa notice by the Construction Agent or the Lessee containing such required information. Notwithstanding Upon receipt of any such notice from the foregoingBorrower, all Borrowings the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 prior to 12:00 Noon, Dallas, Texas time, on the Original Effective Borrowing Date shall requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be ABR Loansmade available to the Borrower by the Administrative Agent crediting an account designated, subject to Section 11.1 of the Participation Agreement, by the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Lenders and in like funds as received by the Administrative Agent. No amount of any Loan which is repaid or prepaid by the Borrower may be reborrowed hereunder.

Appears in 2 contracts

Samples: Credit Agreement (Capital One Financial Corp), Credit Agreement (Capital One Financial Corp)

Procedure for Borrowing. (a) The Subject to the terms and conditions hereof, Borrower may borrow under the Revolving Credit Commitments (subject on any Business Day; provided that, with respect to the limitations in Section 2.01(a)) and the any borrowing, Borrower may borrow the Term B-1 Commitments by giving shall give the Administrative Agent irrevocable notice substantially in the form of Exhibit B J (a “Borrowing Request”), which notice must be received by the Administrative Agent prior to 12:00 noon (ai) 11:00 a.m., New York City time, three Business Days prior to the requested Borrowing DateDate if all or any part of the Loans are to be Eurodollar Loans and (ii) on the Borrowing Date if the borrowing is to be solely of Alternate Base Rate Loans) and specifying (a) the amount of the borrowing, in the case of a Eurodollar Borrowing, or (b) 11:00 a.m.whether such Loans are initially to be Eurodollar Loans or Alternate Base Rate Loans or a combination thereof, New York City time, on (c) if the Business Day prior to the requested Borrowing Date, in the case of an ABR Borrowing. The Borrowing Request from the Borrower for each Borrowing shall specify (i) whether the requested Borrowing borrowing is to be a Revolving Credit Borrowing entirely or a Term B-1 Borrowing, (ii) the amount to be borrowed, (iii) the requested Borrowing Date (which must be the Amendment Effective Date, in the case of a Term B-1 Borrowing), (iv) whether the Borrowing is to be of Eurodollar Loans or ABR Loans, (v) if the Borrowing is to be of partly Eurodollar Loans, the length of the initial Interest Period therefor, for such Eurodollar Loans and (vid) whether the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of this AgreementLoan is a Term Loan or Revolving Credit Loan. If no election as to the Type of Borrowing is specifiedspecified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar BorrowingBorrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Notwithstanding Upon receipt of such notice the foregoingAdministrative Agent shall promptly notify each affected Lender thereof. Not later than 2:00 p.m., all Borrowings New York City time, on the Original Effective Borrowing Date specified in such notice, each affected Lender shall make available to the Administrative Agent at the office of the Administrative Agent specified in subsection 11.2 (or at such other location as the Administrative Agent may direct) an amount in immediately available funds equal to the amount of the Loan to be ABR Loansmade by such Lender. Loan proceeds received by the Administrative Agent hereunder shall promptly be made available to Borrower in immediately available funds to be delivered by wire transfer to the account(s) designated by Borrower in the applicable borrowing notice, with the aggregate amount actually received by the Administrative Agent from the Lenders and in like funds as received by the Administrative Agent.

Appears in 2 contracts

Samples: Credit Agreement (Atlantic Broadband Finance, LLC), Credit Agreement (Atlantic Broadband Finance, LLC)

Procedure for Borrowing. (a) The Borrower may borrow under the Revolving Credit Commitments (subject to during the limitations in Section 2.01(a)) and Commitment Period on any Business Day, provided that the Borrower may borrow the Term B-1 Commitments by giving shall give the Administrative Agent notice substantially in the form of Exhibit B (a “Borrowing Request”)irrevocable notice, which notice must be received by the Administrative Agent prior to (ax) 11:00 a.m.with respect to Eurodollar Loans, 12:00 P.M., New York City time on the date that is three Business Days prior to the Borrowing Date, or (y) with respect to ABR Loans, 12:00 P.M., New York City time on the date that is one Business Day prior to the Borrowing Date, in each case specifying (i) the amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether the borrowing is to be of Eurodollar Loans, ABR Loans or a combination thereof, (iv) the Class of Loans comprising such Borrowing and (v) if the borrowing is to be entirely or partly of Eurodollar Loans, the amount of such Type of Loan and the length of the initial Interest Period therefor. The borrowing under the Commitments shall be in an amount equal to (x) in the case of ABR Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (y) in the case of Eurodollar Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Prior to (x) with respect to Eurodollar Loans, 10:00 A.M., New York City time, three Business Days prior to the requested Borrowing Date, in the case of a Eurodollar Borrowing, or (by) 11:00 a.m.with respect to ABR Loans, 2:00 P.M., New York City time, on the Business Day prior Borrowing Date requested by the Borrower, each Lender will make an amount equal to its Commitment Percentage of the principal amount of the Loans requested to be made on such Borrowing Date available to the requested Borrowing Date, in Administrative Agent for the case account of an ABR Borrowing. The Borrowing Request from the Borrower for each Borrowing shall specify (i) whether at the requested Borrowing is to be a Revolving Credit Borrowing or a Term B-1 Borrowing, (ii) the amount to be borrowed, (iii) the requested Borrowing Date (which must be the Amendment Effective Date, in the case of a Term B-1 Borrowing), (iv) whether the Borrowing is to be of Eurodollar Loans or ABR Loans, (v) if the Borrowing is to be of Eurodollar Loans, the length office of the initial Interest Period therefor, and (vi) Administrative Agent specified in writing by the location and number Administrative Agent to the Lenders in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower’s account to which funds are to be disbursed, which shall comply Borrower with the requirements aggregate of this Agreement. If no election as the amounts made available to the Type of Borrowing is specified, then Administrative Agent by the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then Lenders and in like funds as received by the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Notwithstanding the foregoing, all Borrowings on the Original Effective Date shall be ABR LoansAdministrative Agent.

Appears in 2 contracts

Samples: Term Loan Credit Agreement (Boston Scientific Corp), Term Loan Credit Agreement

Procedure for Borrowing. Each incurrence of Loans shall be made by a written request by an Authorized Person of Borrower delivered to Agent. With respect to a Borrowing of Base Rate Loans, such request must be received by Agent no later than 12:00 p.m. (aNew York City time) The Borrower may borrow under on the Revolving Credit Commitments Business Day that is the requested Funding Date. With respect to a Borrowing of LIBOR Rate Loans, such request must be received by Agent no later than 3:00 p.m. (subject New York City time) 3 Business Days prior to the limitations in Section 2.01(adate that is the requested Funding Date. Each such request (each, a “Notice of Borrowing”)) , except as otherwise expressly provided herein, shall be irrevocable and the Borrower may borrow the Term B-1 Commitments by giving the Administrative Agent notice substantially in the form of Exhibit B (a “Borrowing Request”)A, which notice must be received by the Administrative Agent prior appropriately completed to (a) 11:00 a.m., New York City time, three Business Days prior to the requested Borrowing Date, in the case of a Eurodollar Borrowing, or (b) 11:00 a.m., New York City time, on the Business Day prior to the requested Borrowing Date, in the case of an ABR Borrowing. The Borrowing Request from the Borrower for each Borrowing shall specify specify: (i) whether the requested Borrowing is aggregate principal amount of the Loans to be a Revolving Credit Borrowing or a Term B-1 incurred pursuant to such Borrowing, (ii) the amount to requested Funding Date (which shall be borroweda Business Day), (iii) whether the requested Loans being incurred pursuant to such Borrowing Date (which must be shall constitute B Term Loans, or Other Term Loans of the Amendment Effective Dateapplicable Tranche, in the case of a Term B-1 Borrowing), and (iv) whether the Loans being incurred pursuant to such Borrowing is are to be of Eurodollar initially maintained as Base Rate Loans or ABR or, to the extent permitted hereunder, LIBOR Rate Loans and, if LIBOR Rate Loans, (v) if the Borrowing is to be of Eurodollar Loans, the length of the initial Interest Period therefor, and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which applicable thereto. Each 2020 Buyback Term Loan shall comply with the requirements of this Agreement. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall initially be deemed to have selected be a LIBOR Rate Loan with an initial Interest Period equal to the remaining duration (as of one month’s durationthe First Amendment Signing Date) of the Interest Period applicable to the Existing Term Loans (as defined in the First Amendment) from which such 2020 Buyback Term Loans were converted. Notwithstanding Each 2020 Initial Term Loan shall initially be deemed to be a LIBOR Rate Loan with the foregoing, all Borrowings on Interest Period in effect under the Original Effective Date Credit Agreement immediately prior to the First Amendment Signing Date. Agent shall promptly give each Lender which is required to make Loans of the respective Tranche specified in the respective Notice of Borrowing, notice of such proposed Borrowing, of such Lender’s proportionate share thereof and of the other matters required by the immediately preceding sentence to be ABR Loansspecified in the Notice of Borrowing. At Agent’s election, in lieu of delivering the above-described written request, any Authorized Person of Borrower may give Agent telephonic notice of such request by the required time. In such circumstances, Borrower agrees 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.

Appears in 2 contracts

Samples: Credit Agreement (Golden Nugget Online Gaming, Inc.), Credit Agreement (Golden Nugget Online Gaming, Inc.)

Procedure for Borrowing. (a) The Borrower may borrow under the Revolving Credit Commitments (subject to on the limitations in Section 2.01(a)) and the Borrower may borrow the Term B-1 Commitments Closing Date by giving the Administrative Agent notice substantially in the form of Exhibit B C (a “Borrowing Request”), which notice must be received by the Administrative Agent prior to (a) 11:00 a.m., New York City time, three Business Days prior to the requested Borrowing Date, in the case of a Eurodollar Borrowing, or (b) 11:00 a.m., New York City time, on the Business Day prior to the requested Borrowing Date, in the case of an ABR Borrowing. The Borrowing Request from the Borrower for each Borrowing shall specify (i) whether the requested Borrowing is to be a Revolving Credit Borrowing or a Term B-1 Borrowing, (ii) the amount to be borrowedborrowed (which must not be less than the aggregate amount of Commitments), (iiiii) the requested Borrowing Date (which must be the Amendment Effective Closing Date, in the case of a Term B-1 Borrowing), (iviii) whether the Borrowing is to be of Eurodollar Loans or ABR Loans, (viv) if the Borrowing is to be of Eurodollar Loans, the length of the initial Interest Period therefor, and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of this Agreement. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s duration. Notwithstanding the foregoing, all Borrowings on the Original Effective Date shall be ABR Loans.

Appears in 2 contracts

Samples: Security Agreement (Emdeon Inc.), Security Agreement (Emdeon Inc.)

Procedure for Borrowing. (a) The Borrower may borrow under the Revolving Credit Commitments (subject to during the limitations in Section 2.01(a)) and Revolving Credit Commitment Period on any Business Day, PROVIDED that the Borrower may borrow the Term B-1 Commitments by giving shall give the Administrative Agent irrevocable notice substantially in the form of Exhibit B (a “Borrowing Request”), which notice must be received by the Administrative Agent prior to (a) 11:00 a.m.10:00 A.M., New York City time, (a) three Business Days prior to the requested Borrowing Date, in if all or any part of the case of a requested Revolving Credit Loans are to be initially Eurodollar BorrowingLoans, or (b) 11:00 a.m., New York City time, on the one Business Day prior to the requested Borrowing Date, in if all of the case of an requested Revolving Credit Loans are to be initially ABR Borrowing. The Borrowing Request from the Borrower for each Borrowing shall specify Loans), specifying (i) whether the requested Borrowing is to be a Revolving Credit Borrowing or a Term B-1 Borrowing, (ii) the amount to be borrowed, (iiiii) the requested Borrowing Date (which must be the Amendment Effective Date, in the case of a Term B-1 Borrowing), (iviii) whether the Borrowing is to be of Eurodollar Loans or ABR Loans, (v) if the Borrowing borrowing is to be of Eurodollar Loans, ABR Loans or a combination thereof and (iv) if the length borrowing is to be entirely or partly of Eurodollar Loans, the respective amounts of each such Type of Revolving Credit Loan and the respective lengths of the initial Interest Period therefor, and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of this AgreementPeriods for such Eurodollar Loans. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Notwithstanding the foregoing, all Borrowings The Revolving Credit Loans made on the Original Effective Closing Date shall initially be ABR Loans. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to $1,000,000 or a whole multiple of $100,000 in excess thereof. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Revolving Credit Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in subsection 11.2 prior to 12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Revolving Credit Lenders and in like funds as received by the Administrative Agent. The failure of any Revolving Credit Lender to make the Revolving Credit Loan to be made by it as part of any borrowing shall not relieve any other Revolving Credit Lender of its obligation to make available its share of such borrowing.

Appears in 2 contracts

Samples: Credit Agreement (Affiliated Managers Group Inc), Credit Agreement (Affiliated Managers Group Inc)

Procedure for Borrowing. (a) The Borrower may In order to borrow under the Revolving Credit Commitments (subject to the limitations in Section 2.01(a)) and the Borrower may borrow or the Term B-1 Commitments by giving Commitments, Borrower must give the Administrative Agent notice substantially in the form of Exhibit B B-1 (a “Borrowing Request”), which notice must be received by the Administrative Agent prior to (a) 11:00 a.m., New York City time, three Business Days prior to the requested Borrowing Date, in the case of a Eurodollar Borrowing, Borrowing or (b) 11:00 a.m., New York City time, on the Business Day prior to the requested Borrowing Date, in the case of an ABR Borrowing. The Borrowing Request from the Borrower for each Borrowing shall specify (i) whether the requested Borrowing is to be a Revolving Credit Borrowing or a Term B-1 Borrowing, (ii) the amount to be borrowed, (iii) the requested Borrowing Date (which must be the Amendment Effective Closing Date, in the case of a Term B-1 Borrowing), (iv) whether the Borrowing is to be of Eurodollar Loans or ABR Loans, (v) if the Borrowing is to be of Eurodollar Loans, the length of the initial Interest Period therefor, and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of this Agreement. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Notwithstanding the foregoing, all Borrowings on the Original Effective Date shall be ABR Loans.

Appears in 2 contracts

Samples: Credit Agreement (Rural/Metro Corp /De/), Credit Agreement (Rural/Metro Corp /De/)

Procedure for Borrowing. (a) The Borrower may borrow under the Revolving Credit Aggregate Commitments (subject to during the limitations in Section 2.01(a)) and Commitment Period on any Business Day, provided that the Borrower may borrow the Term B-1 Commitments by giving shall give the Administrative Agent irrevocable notice substantially in the form of Exhibit B (a “Borrowing Request”), which notice must be received by the Administrative Agent prior to (a) 11:00 a.m., New York City time, (a) three Business Days prior to the requested Borrowing Date, in if all or any part of the case of a requested Loans initially are to be Eurodollar Borrowing, Loans or (b) 11:00 a.m.on the requested Borrowing Date, otherwise), specifying (i) the amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether the borrowing is to be of Eurodollar Loans, ABR Loans or a combination thereof and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Periods therefor. Each borrowing under the Aggregate Commitments shall be in an amount consistent with the requirements set forth in subsection 4.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in subsection 11.2 prior to 12:00 (noon), New York City time, on the Business Day prior Borrowing Date requested by the Borrower in funds immediately available to the requested Borrowing Date, in the case of an ABR BorrowingAdministrative Agent. The Borrowing Request from Such borrowing will then be made available to the Borrower for each Borrowing shall specify (i) whether no later than 2:00 p.m. New York City time by the requested Borrowing is to be a Revolving Credit Borrowing or a Term B-1 Borrowing, (ii) Administrative Agent crediting the amount to be borrowed, (iii) the requested Borrowing Date (which must be the Amendment Effective Date, in the case of a Term B-1 Borrowing), (iv) whether the Borrowing is to be of Eurodollar Loans or ABR Loans, (v) if the Borrowing is to be of Eurodollar Loans, the length account of the initial Interest Period therefor, and (vi) Borrower on the location and number books of such office with the aggregate of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of this Agreement. If no election as amounts made available to the Type of Borrowing is specified, then Administrative Agent by the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then Lenders and in like funds as received by the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Notwithstanding the foregoing, all Borrowings on the Original Effective Date shall be ABR LoansAdministrative Agent.

Appears in 2 contracts

Samples: Credit Agreement (Westport Resources Corp /Nv/), Credit Agreement (Westport Finance Co)

Procedure for Borrowing. (a) The Borrower may borrow under Each Borrowing of a Revolving Loan or of the Revolving Credit Commitments Initial Term Loan on the Closing Date shall be made upon the Borrower’s irrevocable (subject to the limitations in Section 2.01(a)10.5) and the Borrower may borrow the Term B-1 Commitments by giving the Administrative written notice delivered to Agent notice substantially in the form of Exhibit B (a “Borrowing Request”)Notice of Borrowing, which may be given by (A) telephone, or (B) a Notice of Borrowing; provided, that, any telephone notice must be confirmed promptly by delivery to Agent of a Notice of Borrowing. Each Notice of Borrowing must be received by the Administrative Agent prior to 11:00 a.m. (ai) 11:00 a.m.on the Closing Date, New York City timewith respect to Borrowings of Base Rate Loans to be made on the Closing Date, (ii) on the date which is three (3) Business Days (or, with respect to any Borrowing of LIBOR Rate Loans to be made on the Closing Date, one (1) Business Day) prior to the requested Borrowing Date, date in the case of a Eurodollar Borrowingeach LIBOR Rate Loan, or and (biii) 11:00 a.m., New York City time, on the date which is one (1) Business Day prior to the requested Borrowing date of each Base Rate Loan made after the Closing Date; provided, however, that, if the Borrower wishes to request LIBOR Rate Loans having an Interest Period other than one, two, three or six months in duration as provided in the case definition of an ABR “Interest Period,” the applicable notice must be received by Agent not later than 11:00 a.m. four (4) Business Days prior to the requested date of such Borrowing. The Borrowing Request from , whereupon Agent shall give prompt notice to the appropriate Lenders of such request and determine whether the requested Interest Period is acceptable to all of them, and not later than 11:00 a.m. three (3) Business Days before the requested date of such Borrowing, Agent shall notify the Borrower for each Borrowing shall specify (iwhich notice may be by telephone) whether the requested Borrowing is to be a Revolving Credit Borrowing or a Term B-1 Borrowing, (ii) the amount to be borrowed, (iii) the requested Borrowing Date (which must be the Amendment Effective Date, in the case of a Term B-1 Borrowing), (iv) whether the Borrowing is to be of Eurodollar Loans or ABR Loans, (v) if the Borrowing is to be of Eurodollar Loans, the length of the initial Interest Period therefor, and (vi) has been consented to by all the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of this AgreementLenders. If no election as to the Type Such Notice of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Notwithstanding the foregoing, all Borrowings on the Original Effective Date shall be ABR Loans.specify:

Appears in 2 contracts

Samples: Credit Agreement (R1 RCM Inc.), Credit Agreement (R1 RCM Inc.)

Procedure for Borrowing. (a) The Borrower may borrow under the Revolving Credit Commitments (subject Each borrowing of Loans, each conversion of Loans of one Type to the limitations in Section 2.01(a)) other, and each continuation of LIBOR Loans shall be made upon delivery by the Borrower may borrow the Term B-1 Commitments by giving Representative of an irrevocable notice to the Administrative Agent notice substantially in Agent, by facsimile, or by electronic communication, if arrangements for doing so have been approved by the form of Exhibit B (a “Administrative Agent. Each Borrowing Request”), which notice Request and Conversion/Continuation Notice must be received by the Administrative Agent prior to (a) 11:00 a.m., not later than 2:00 p.m. New York City time, time (i) three (3) Business Days prior to the requested Borrowing Datedate of any borrowing of, in conversion to or continuation of LIBOR Loans, (ii) three (3) Business Days prior to the case conversion of a Eurodollar BorrowingLIBOR Loan to a Base Rate Loan, or and (biii) 11:00 a.m., New York City time, on the one (1) Business Day prior to the requested Borrowing Date, in the case date of an ABR Borrowingany borrowing of any Base Rate Loan. The Borrowing Request from the Borrower for each Borrowing Each written notice of borrowing or conversion shall specify (i) whether the requested Borrowing borrowing is to be a Revolving Credit Borrowing or an Acquisition Borrowing, a Term B-1 Borrowingconversion of Loans from one Type to the other, or a continuation of a LIBOR Loan, (ii) the amount to requested date of the borrowing, continuation or conversion, as the case may be borrowed(which shall be a Business Day), (iii) the requested Borrowing Date (which must principal amount of the Revolving Loan or Acquisition Loan to be the Amendment Effective Dateborrowed, in the case of a Term B-1 Borrowing)continued or converted, (iv) whether the Borrowing is to be of Eurodollar Loans or ABR Loans, (v) if the Borrowing is to be of Eurodollar Loansapplicable, the length duration of the initial Interest Period therefor, applicable thereto; and (vi) if applicable, the location and number Type of the Borrower’s account Loans to be borrowed or to which funds existing Loans are to be disbursedconverted. Each borrowing of, which conversion to or continuation of LIBOR Loans shall comply with the requirements be in an amount equal to $250,000 or whole multiples of this Agreement$100,000 in excess thereof. If no election as the Borrower fails to the specify a Type of Loan in a Borrowing is specifiedRequest or Conversion/Continuation Notice or if the Borrower fails to give timely notice requesting a conversion or continuation, then the requested Borrowing Revolving Loans or Acquisition Loans, as the case may be, shall be an ABR Borrowingmade as, or converted to, Base Rate Loans. If no Any such automatic conversion to Base Rate Loan shall be effective as of the last day of the Interest Period is specified then in effect with respect to any requested Eurodollar Borrowing, then the applicable LIBOR Loan. If the Borrower shall Representative requests a borrowing of, conversion to or continuation of a LIBOR Loan in any such borrowing or conversion notice, but fails to specify an Interest Period, the Borrower Representative will be deemed to have selected specified an Interest Period of one month’s duration. Notwithstanding any contrary provision hereof, if a Default has occurred and is continuing and the foregoingAdministrative Agent so notifies the Borrower Representative, all Borrowings on the Original Effective Date then, so long as a Default is continuing (i) no outstanding Revolving Loan or Acquisition Loan may be converted to or continued as a LIBOR Loan and (ii) unless repaid, each LIBOR Loan shall be ABR Loansconverted to a Base Rate Loan at the end of the Interest Period applicable thereto.

Appears in 2 contracts

Samples: Credit Agreement (Smith & Wesson Holding Corp), Credit Agreement (Smith & Wesson Holding Corp)

Procedure for Borrowing. (a) The Borrower may borrow from the Lenders under the Revolving Credit Total Commitments (subject during the Commitment Period on any Business Day by delivering to the limitations in Section 2.01(a)) and the Borrower may borrow the Term B-1 Commitments by giving the Administrative Agent a notice of borrowing substantially in the form of Exhibit B (a “Notice of Borrowing”) (which notice, to be effective on the requested Borrowing Request”)Date, which notice must be received by the Administrative Agent prior to (a) 11:00 a.m., New York City timeprior to 12:00 noon, three Business Days prior to before the requested Borrowing Date, if the requested Loans are initially to be Eurodollar Loans or (b) prior to 11:00 a.m., on the requested Borrowing Date, if the requested Loans are initially to be Base Rate Loans), specifying (i) the amount of the proposed Borrowing, which shall be $1,000,000 or whole multiples of $100,000 in excess thereof, (ii) the proposed Borrowing Date, and (iii) whether the requested Loans are to be Eurodollar Loans or Base Rate Loans and, in the case of a Eurodollar Borrowing, or (b) 11:00 a.m., New York City time, on the Business Day prior to the requested Borrowing Date, in the case of an ABR Borrowing. The Borrowing Request from the Borrower for each Borrowing shall specify (i) whether the requested Borrowing is to be a Revolving Credit Borrowing or a Term B-1 Borrowing, (ii) the amount to be borrowed, (iii) the requested Borrowing Date (which must be the Amendment Effective Date, in the case of a Term B-1 Borrowing), (iv) whether the Borrowing is to be of Eurodollar Loans or ABR Loans, (v) if the Borrowing is to be of Eurodollar Loans, the length of the initial Interest Period therefor; provided, however, that the initial Borrowing shall be in an amount sufficient to repay all principal, interest and other amounts owing under the Existing Credit Agreement and the Agent is authorized to apply the proceeds of the initial Borrowing hereunder directly to the repayment of such principal, interest and other amounts, as notified to it by Royal Bank of Canada. The Agent shall promptly notify each Lender of a requested Borrowing, specifying the amount thereof, the requested Borrowing Date and each Lender’s share of the requested Borrowing. No later than 3:00 p.m. on the proposed Borrowing Date each Lender shall remit to the Agent such Lender’s pro rata share (viwhich shall be equal to its Commitment Percentage) of the location and number Borrowing requested by the Borrower for such Borrowing Date. The Agent shall, unless it determines that any applicable condition specified in Article IV has not been satisfied, make the amount of the requested Borrowing available to Borrower in immediately available funds on the requested Borrowing Date by crediting the amount in the Borrower’s operating account to which funds are to be disbursedat the Agent’s branch at One Liberty Plaza, which shall comply with the requirements of this Agreement. If no election New York, New York, or as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is otherwise specified with respect to any requested Eurodollar Borrowing, then by the Borrower shall be deemed to have selected an Interest Period Lender in the notice of one month’s duration. Notwithstanding the foregoing, all Borrowings on the Original Effective Date shall be ABR LoansBorrowing.

Appears in 1 contract

Samples: Credit Agreement (Alesco Financial Inc)

Procedure for Borrowing. (a) The Borrower may borrow under the Revolving Credit Commitments (subject during the Commitment Period on any Business Day that an Advance may be requested pursuant to the limitations in terms of Section 2.01(a)) and 5.2 of the Participation Agreement, provided, that the Borrower may borrow shall give the Term B-1 Commitments by giving the Administrative Agent irrevocable notice substantially in the form of Exhibit B (a “Borrowing Request”), which notice must be received by the Administrative Agent prior to (a) 11:00 a.m.12:00 Noon, New York City time, at least three (3) Business Days prior to the requested Borrowing Date specifying (i) the amount to be borrowed (which on any date shall not be in excess of the then Available Commitments), (ii) the requested Borrowing Date, in (iii) whether the case borrowing is to be of Eurodollar Loans, ABR Loans or a combination thereof, (iv) if the borrowing is to be a combination of Eurodollar Loans and ABR Loans, the respective amounts of each Type of Loan and (v) the Interest Period applicable to each Eurodollar Loan. Pursuant to the terms of the Participation Agreement, the Borrower shall be deemed to have delivered such notice upon the delivery of a Eurodollar Borrowingnotice by the Construction Agent or the Lessee containing such required information. Upon receipt of any such notice from the Borrower, or the Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing (band in accordance with the percentages of Loans allocated to Tranche A Loans and Tranche B Loans as set forth in Section 5.2(c) 11:00 a.m.of the Participation Agreement) available to the Agent for the account of the Borrower at the office of the Agent specified in Section 9.2 prior to 12:00 Noon, New York City time, on the Business Day prior Borrowing Date requested by the Borrower in funds immediately available to the requested Borrowing Date, in the case of an ABR BorrowingAgent. The Borrowing Request from Such borrowing will then be made available to the Borrower for each Borrowing shall specify (i) whether by the requested Borrowing is Agent crediting an account designated, subject to be a Revolving Credit Borrowing or a Term B-1 Borrowing, (ii) the amount to be borrowed, (iii) the requested Borrowing Date (which must be the Amendment Effective Date, in the case of a Term B-1 Borrowing), (iv) whether the Borrowing is to be of Eurodollar Loans or ABR Loans, (v) if the Borrowing is to be of Eurodollar Loans, the length Section 9.1 of the initial Interest Period thereforParticipation Agreement, and (vi) by the location and number Borrower on the books of such office with the aggregate of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of this Agreement. If no election as amounts made available to the Type Agent by the Lenders and in like funds as received by the Agent. No amount of Borrowing any Loan which is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then repaid or prepaid by the Borrower shall may be deemed to have selected an Interest Period reborrowed hereunder, except as set forth in Section 5.2(d) of one month’s duration. Notwithstanding the foregoing, all Borrowings on the Original Effective Date shall be ABR LoansParticipation Agreement.

Appears in 1 contract

Samples: Credit Agreement (Franklin Resources Inc)

Procedure for Borrowing. (a) The Borrower may borrow under the Revolving Credit Commitments (subject during the Commitment Period on any Business Day that an Advance may be requested pursuant to the limitations in terms of Section 2.01(a)) and 5.2 of the Participation Agreement, provided, that the Borrower may borrow shall give the Term B-1 Commitments by giving the Administrative Agent irrevocable notice substantially in the form of Exhibit B (a “Borrowing Request”), which notice must be received by the Administrative Agent prior to (a) 11:00 a.m.12:00 Noon, New York City Eastern time, at least three (3) Business Days prior to the requested Borrowing DateDate specifying (i) the amount to be borrowed (which on any date shall not be in excess of the then Available Commitments), in the case of a Eurodollar Borrowing, or (bii) 11:00 a.m., New York City time, on the Business Day prior to the requested Borrowing Date, in the case of an ABR Borrowing. The Borrowing Request from the Borrower for each Borrowing shall specify (iiii) whether the requested Borrowing is to be a Revolving Credit Borrowing or a Term B-1 Borrowing, (ii) the amount to be borrowed, (iii) the requested Borrowing Date (which must be the Amendment Effective Date, in the case of a Term B-1 Borrowing), (iv) whether the Borrowing is to be of Eurodollar Loans or ABR Loans, (v) if the Borrowing borrowing is to be of Eurodollar Loans, ABR Loans or a combination thereof, (iv) if the length borrowing is to be a combination of Eurodollar Loans and ABR Loans, the respective amounts of each Type of Loan and (v) the Interest Period applicable to each Eurodollar Loan. Pursuant to the terms of the initial Interest Period thereforParticipation Agreement, and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of this Agreement. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period delivered such notice upon the delivery of one month’s durationa notice by the Construction Agent or the Lessee containing such required information. Notwithstanding Upon receipt of any such notice from the foregoingBorrower, all Borrowings the Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available to the Agent for the account of the Borrower at the office of the Agent specified in Section 9.2 prior to 12:00 Noon, Eastern time, on the Original Effective Borrowing Date shall requested by the Borrower in funds immediately available to the Agent. Such borrowing will then be ABR Loansmade available to the Borrower by the Agent crediting an account designated, subject to Section 9.1 of the Participation Agreement, by the Borrower on the books of such office with the aggregate of the amounts made available to the Agent by the Lenders and in like funds as received by the Agent. No amount of any Loan which is repaid or prepaid by the Borrower may be reborrowed hereunder, except as set forth in Section 5.2(d) of the Participation Agreement.

Appears in 1 contract

Samples: Credit Agreement (Convergys Corp)

Procedure for Borrowing. Each Borrowing shall be made by a written request by an Authorized Person delivered to Agent (awhich may be delivered through Agent’s electronic platform or portal). Unless Swing Lender is not obligated to make a Swing Loan pursuant to Section 2.3(b) The Borrower may borrow under the Revolving Credit Commitments (subject to the limitations in Section 2.01(a)) and the Borrower may borrow the Term B-1 Commitments by giving the Administrative Agent notice substantially in the form of Exhibit B (a “Borrowing Request”)below, which such notice must be received by Agent no later than noon (Chicago time) (i) on the Administrative Agent 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 1 Business Day prior to the requested Funding Date in the case of a request for a Base Rate Loan, (aiii) 11:00 a.m., New York City time, three on the U.S. Government Securities Business Day that is two U.S. Government Securities Business Days prior to the requested Borrowing Date, Funding Date in the case of a Eurodollar request for a Term SOFR Loan, (iv) on the U.S. Government Securities Business Day that is two U.S. Government Securities Business Days prior to the requested Funding Date in the case of a request for a Daily Simple SOFR Loan that is not a Swing Loan and (iiiv) on the Business Day that is 3 Business Days prior to the requested Funding Date in the case of all other requests, specifying (A) the amount of such Borrowing, or and (bB) 11:00 a.m.the requested Funding Date, New York City which shall be a Business Day; provided, however, that if Swing Lender is not obligated to make a Swing Loan as to a requested Borrowing, such notice must beAgent may, in its sole discretion, elect to accept as timely requests that are received by Agent no later than noon (Chicago time, ) on the applicable Business Day prior to the date that is the requested Funding Dateor U.S. Government Securities Business Day, as applicable. All Borrowing Daterequests 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. At Agent’s election, in lieu of delivering the case above-described written request, any Authorized Person may give Agent telephonic notice of an ABR Borrowingsuch request by the required time. The Borrowing Request from the In such circumstances, each Borrower for each Borrowing shall specify (i) whether the requested Borrowing is to agrees that any such telephonic notice will be a Revolving Credit Borrowing or a Term B-1 Borrowing, (ii) the amount to be borrowed, (iii) the requested Borrowing Date (which must be the Amendment Effective Date, confirmed in the case of a Term B-1 Borrowing), (iv) whether the Borrowing is to be of Eurodollar Loans or ABR Loans, (v) if the Borrowing is to be of Eurodollar Loans, the length writing within 24 hours of the initial Interest Period thereforgiving of such telephonic notice, and (vi) but the location and number failure to provide such written confirmation shall not affect the validity of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of this Agreement. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Notwithstanding the foregoing, all Borrowings on the Original Effective Date shall be ABR Loansrequest.

Appears in 1 contract

Samples: Credit Agreement (BOISE CASCADE Co)

Procedure for Borrowing. (a) The Borrower may borrow under the Revolving Credit Commitments (subject Commitment during the Commitment Period on any Business Day by delivering to the limitations in Section 2.01(a)) and the Borrower may borrow the Term B-1 Commitments Lender a notice of borrowing, reasonably believed by giving the Administrative Agent notice Xxxxxx to be executed by an Authorized Person, substantially in the form of Exhibit B A (a “Borrowing RequestNotice of Borrowing)) specifying (i) the amount to be borrowed, which notice shall be $25,000 or more and in minimum increments of $5,000, unless Lender consents otherwise, (ii) the requested Borrowing Date, and (iii) whether the requested Loan is to be a SOFR Loan or a Base Rate Loan. To be effective, the Notice of Borrowing must be received by thirty-five (35) calendar days before the Administrative Agent prior requested Borrowing Date, provided that upon the request of Borrower, the Lender shall use its commercially reasonable efforts to provide the requested Loan earlier than such date (a) if the Notice of Borrowing is received prior to 11:00 a.m., New York City time, a.m. three Business Days prior to before the requested Borrowing Date, in the case of a Eurodollar Borrowingrequested Loan that is initially to be a SOFR Loan, or (b) 11:00 a.m., New York City time, on if the Business Day Notice of Borrowing is received prior to 12:00 p .m. on the requested Borrowing Date, in the case of an ABR Borrowing. The Borrowing Request from the Borrower for each Borrowing shall specify (i) whether the a requested Borrowing Loan that is initially to be a Revolving Credit Borrowing or a Term B-1 BorrowingBase Rate Loan. Lender shall, (ii) unless it determines that any applicable condition specified in Article IV has not been satisfied, make the amount of the requested Loan available to be borrowed, (iii) Borrower in immediately available funds before 3:00 p.m. on the requested Borrowing Date (which must by crediting the Cash Account. Lender shall be the Amendment Effective Datefully protected in acting in accordance with all Notices of Borrowing executed, or reasonably believed by Xxxxxx to have been executed, by an Authorized Person or in failing to act in the case of a Term B-1 Borrowing), (iv) whether the Borrowing is to be of Eurodollar Loans or ABR Loans, (v) if the Borrowing is to be of Eurodollar Loans, the length of the initial Interest Period thereforabsence thereof, and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of this Agreement. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowingfully protected and absolved from any liability arising therefrom. If no Interest Period is specified with respect For the avoidance of doubt, each Base Rate Loan shall remain outstanding until the earlier to any requested Eurodollar Borrowing, then the Borrower shall be deemed occur of (x) repayment pursuant to have selected an Interest Period of one month’s duration. Notwithstanding the foregoing, all Borrowings on the Original Effective Date shall be ABR LoansSection 2.05(b) or (y) conversion pursuant to Section 2.03.

Appears in 1 contract

Samples: Credit Agreement (Predex)

Procedure for Borrowing. (a) The Borrower Borrowers may borrow under the Revolving Credit Commitments or the Term Loan Commitments (subject other than an Incremental Term Loan Commitment) (subject, in each case, to the limitations in Section 2.01(a2.01(b)) and by the Borrower may borrow the Term B-1 Commitments by Representative giving the Administrative Agent notice substantially in the form of Exhibit B A (a “Borrowing Request”), which notice must be received by the Administrative Agent prior to (a) 11:00 a.m., New York City time, three Business Days prior to the requested Borrowing Date, in the case of a Eurodollar Borrowing, or (b) 11:00 a.m., New York City time, on the Business Day prior to the requested Borrowing Date, in the case of an ABR Borrowing. The Borrowing Request from the Borrower for each Borrowing shall specify (i) whether the requested Borrowing is to be a Revolving Credit Borrowing, an Initial Term Borrowing or a Delayed Draw Term B-1 Borrowing, (ii) the amount to be borrowed, (iii) the requested Borrowing Date (which must be the Amendment Effective Date, Date in the case of a Initial Term B-1 BorrowingLoan or the Delayed Draw Term Loan Funding Date in the case of a Delayed Draw Term Loan), (iv) whether the Borrowing is to be of Eurodollar Loans or ABR Loans, (v) if the Borrowing is to be of Eurodollar Loans, the length of the initial Interest Period therefor, and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of this Agreement. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower making such Borrowing Request shall be deemed to have selected an Interest Period of one month’s duration. Notwithstanding the foregoing, all Borrowings on the Original Effective Date shall be ABR Loans.

Appears in 1 contract

Samples: Credit Agreement (Consolidated Communications Holdings, Inc.)

Procedure for Borrowing. Each Borrowing of Revolving Advances shall be made upon Borrower’s irrevocable request therefor (athe “Borrowing Request”) The Borrower may borrow under the Revolving Credit Commitments (subject delivered in writing to the limitations in Section 2.01(a)) and the Borrower may borrow the Term B-1 Commitments by giving the Administrative Agent notice substantially in the form of Exhibit B (a Notice of Borrowing Request”), duly completed; which notice must be received by the Administrative Agent prior to no later than 12:00 p.m. (a) 11:00 a.m., New York City time, ) three (3) Business Days prior to preceding the requested Borrowing Date, in the case of a Eurodollar Borrowing, or (b) 11:00 a.m., New York City time, on the Business Day prior to the requested Borrowing Date, in the case of an ABR Borrowing. The Borrowing Request from the Borrower for each Borrowing shall specify Funding Date specifying (i) whether the requested Borrowing is to be a Revolving Credit Borrowing or a Term B-1 amount of the Borrowing, (ii) if a LIBOR Rate Loan, the amount initial Interest Period to be borrowedapplicable thereto, which shall be a period contemplated by the definition of the term “Interest Period,” and (iii) the requested Borrowing Date (which must be the Amendment Effective Funding Date, in the case of a Term B-1 Borrowing), (iv) whether the Borrowing is to be of Eurodollar Loans or ABR Loans, (v) if the Borrowing is to be of Eurodollar Loans, the length of the initial Interest Period therefor, and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with be a Business Day. All Revolving Advances requested in any Borrowing Request must be in an amount not less than $1,000,000 and integral multiples of $500,000 in excess thereof, unless the requirements of this Agreement. If no election as amount available for further Advances is less than $1,000,000, in which event the Borrowing Request must be in an amount equal to the Type of Borrowing is specified, maximum amount then the requested Borrowing shall be an ABR Borrowingavailable for further Advances. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Notwithstanding Making of Advances. Promptly after receipt of a request for a Borrowing pursuant to Section 2.3(a), Administrative Agent shall notify the foregoingRevolver Lenders, all Borrowings not later than 1:00 p.m. (New York City time) two (2) Business Days immediately preceding the Funding Date applicable thereto, by telecopy, telephone, or other similar form of transmission, of the requested Borrowing. Each Revolver Lender shall make the amount of such Revolver Lender’s Pro Rata Share of the requested Borrowing available to Administrative Agent in immediately available funds, to such account of Administrative Agent as Administrative Agent may designate, not later than 1:00 p.m. (New York time) on the Original Effective Funding Date applicable thereto. After Administrative Agent’s receipt of the proceeds of such Revolving Advances, upon satisfaction of the applicable conditions precedent set forth in Article 3 hereof, Administrative Agent shall make the proceeds of such Advances available to Borrower on the applicable Funding Date by transferring same day funds equal to the proceeds of such Revolving Advances received by Administrative Agent to the account designated by Borrower; provided, however, that, subject to the provisions of Section 2.3(c), Administrative Agent shall not request any Revolver Lender to make, and no Revolver Lender shall have the obligation to make, any Advance if Administrative Agent shall have received written notice from any Revolver Lender, or otherwise has actual knowledge, that (1) one or more of the applicable conditions precedent set forth in Article 3 will not be satisfied on the requested Funding Date for the applicable Borrowing unless such condition has been waived by Administrative Agent, or (2) the requested Borrowing would exceed the Availability of the Borrower requesting the Advance on such Funding Date. Unless Administrative Agent receives notice from a Lender on or prior to the Closing Date or, with respect to any Borrowing after the Closing Date, at least one (1) Business Day prior to the date of such Borrowing, that such Lender will not make available as and when required hereunder to Administrative Agent for the account of Borrower the amount of that Lender’s Pro Rata Share of the Borrowing, Administrative Agent may assume that each Lender has made or will make such amount available to Administrative Agent in immediately available funds on the Funding Date and Administrative Agent may (but shall not be so required), in reliance upon such assumption, make available to Borrower on such date a corresponding amount. If and to the extent any Lender shall not have made its full amount available to Administrative Agent in immediately available funds and Administrative Agent in such circumstances has made available to Borrower such amount, that Lender shall on the Business Day following such Funding Date make such amount available to Administrative Agent, together with interest at the Defaulting Lenders Rate for each day during such period. A notice submitted by Administrative Agent to any Lender with respect to amounts owing under this subsection shall be ABR Loansconclusive, absent manifest error. If such amount is so made available, such payment to Administrative Agent shall constitute such Lender’s Advance on the date of Borrowing for all purposes of this Agreement. If such amount is not made available to Administrative Agent on the Business Day following the Funding Date, Administrative Agent will notify Borrower of such failure to fund and, upon demand by Administrative Agent, Borrower shall pay such amount to Administrative Agent for Administrative Agent’s account, together with interest thereon for each day elapsed since the date of such Borrowing, at a rate per annum equal to the interest rate applicable at the time to the Advances composing such Borrowing. Administrative Agent shall not be obligated to transfer to a Defaulting Lender any payments made by Borrower to Administrative Agent for the Defaulting Lender’s benefit; nor shall a Defaulting Lender be entitled to the sharing of any payments hereunder. Amounts payable to a Defaulting Lender shall instead be paid to or retained by Administrative Agent. Administrative Agent may hold and, in its discretion, re-lend to Borrower the amount of all such payments received or retained by it for the account of such Defaulting Lender. Solely for the purposes of voting or consenting to matters with respect to the Loan Documents and determining Pro Rata Shares, such Defaulting Lender shall be deemed not to be a “Lender” and such Lender’s Commitment shall be deemed to be zero (-0-). This Section shall remain effective with respect to such Lender until (x) the Obligations under this Agreement shall have been declared or shall have become immediately due and payable or (y) the requisite non-Defaulting Lenders and Administrative Agent shall have waived such Lender’s default in writing. The operation of this Section shall not be construed to increase or otherwise affect the Commitment of any Lender, or relieve or excuse the performance by Borrower of its duties and obligations hereunder.

Appears in 1 contract

Samples: Loan Agreement (Ram Energy Resources Inc)

Procedure for Borrowing. (a) The Borrower may borrow under the Each Revolving Credit Commitments (subject Borrowing, each conversion of Revolving Loans of one Type to the limitations in Section 2.01(a)) other, and each continuation of LIBOR Loans shall be made upon delivery by the Borrower may borrow the Term B-1 Commitments by giving Representative of an irrevocable notice to the Administrative Agent notice substantially in Agent, by facsimile, or by electronic communication, if arrangements for doing so have been approved by the form of Exhibit B (a “Administrative Agent. Each Borrowing Request”), which notice Request and Conversion/Continuation Notice must be received by the Administrative Agent prior to (a) 11:00 a.m., not later than 2:00 p.m. New York City time, time (i) three (3) Business Days prior to the requested Borrowing Datedate of any borrowing of, in conversion to or continuation of LIBOR Loans, (ii) three (3) Business Days prior to the case conversion of a Eurodollar BorrowingLIBOR Loan to a Base Rate Loan, or and (biii) 11:00 a.m., New York City time, on the one (1) Business Day prior to the requested Borrowing Date, in the case date of an ABR Borrowingany borrowing of any Base Rate Loan. The Borrowing Request from the Borrower for each Borrowing Each written notice of borrowing or conversion shall specify (i) whether the requested Borrowing borrowing is to be a Revolving Credit Borrowing Borrowing, a conversion of Revolving Loans from one Type to the other, or a Term B-1 Borrowingcontinuation of a LIBOR Loan, (ii) the amount to requested date of the borrowing, continuation or conversion, as the case may be borrowed(which shall be a Business Day), (iii) the requested Borrowing Date (which must principal amount of the Revolving Loan to be the Amendment Effective Dateborrowed, in the case of a Term B-1 Borrowing)continued or converted, (iv) whether the Borrowing is to be of Eurodollar Loans or ABR Loans, (v) if the Borrowing is to be of Eurodollar Loansapplicable, the length duration of the initial Interest Period therefor, applicable thereto; and (vi) if applicable, the location and number Type of the Borrower’s account Revolving Loans to be borrowed or to which funds existing Revolving Loans are to be disbursedconverted. Each borrowing of, which conversion to or continuation of LIBOR Loans shall comply with the requirements be in an amount equal to $250,000 or whole multiples of this Agreement$100,000 in excess thereof. If no election as the Borrower Representative fails to the specify a Type of Revolving Loan in a Borrowing is specifiedRequest or Conversion/Continuation Notice or if the Borrower Representative fails to give timely notice requesting a conversion or continuation, then the requested Borrowing Revolving Loans, as the case may be, shall be an ABR Borrowingmade as, or converted to, Base Rate Loans. If no Any such automatic conversion to Base Rate Loan shall be effective as of the last day of the Interest Period is specified then in effect with respect to any requested Eurodollar Borrowing, then the applicable LIBOR Loan. If the Borrower shall Representative requests a borrowing of, conversion to or continuation of a LIBOR Loan in any such borrowing or conversion notice, but fails to specify an Interest Period, the Borrower Representative will be deemed to have selected specified an Interest Period of one month’s duration. Notwithstanding any contrary provision hereof, if a Default has occurred and is continuing and the foregoingAdministrative Agent so notifies the Borrower Representative, all Borrowings on the Original Effective Date then, so long as a Default is continuing (i) no outstanding Revolving Loan may be converted to or continued as a LIBOR Loan and (ii) unless repaid, each LIBOR Loan shall be ABR Loansconverted to a Base Rate Loan at the end of the Interest Period applicable thereto. All Swingline Loans shall be made as provided in Section 2.03.

Appears in 1 contract

Samples: Credit Agreement (Smith & Wesson Holding Corp)

Procedure for Borrowing. (a) The Subject to the terms and express conditions hereof, Borrower may borrow under the Commitments on any Business Day (it being understood that Tranche B Term Loans may be borrowed only on the Closing Date and that Revolving Credit Commitments (subject Loans may be borrowed only during the Revolving Credit Commitment Period); provided that, with respect to the limitations in Section 2.01(a)) and the any borrowing, Borrower may borrow the Term B-1 Commitments by giving shall give the Administrative Agent notice substantially in the form of Exhibit B an irrevocable Borrowing Notice (a “Borrowing Request”), which notice must be received by the Administrative Agent prior to (a) 11:00 a.m., 11:30 a.m. New York City time, in the case of Tranche B Term Loans on the Closing Date and Revolving Credit Loans, (x) three Business Days prior to the requested Borrowing Date, in Date if all or any part of the case Loans are to be LIBOR Loans and (y) on the requested Borrowing Date if the borrowing is to be solely of a Eurodollar Borrowing, Index Rate Loans (or (b) 11:00 a.m., prior to 11:30 a.m. New York City time, on the time one Business Day prior to the requested Borrowing Date, in the case of an ABR Borrowing. The Borrowing Request from the Borrower for each Borrowing shall specify (i) whether the requested Borrowing is to be a Revolving Credit Borrowing or a Term B-1 Borrowing, (ii) the amount to be borrowed, (iii) the requested Borrowing Date (which must be the Amendment Effective Date, in the case of a Term B-1 Borrowingborrowing of Index Rate Loans on the Closing Date or a borrowing of Index Rate Loans in an amount greater than $5,000,000), (ivb) whether such Loans are initially to be LIBOR Loans or Index Rate Loans or a combination thereof, (c) if the Borrowing borrowing is to be of Eurodollar Loans entirely or ABR Loans, (v) if the Borrowing is to be of Eurodollar partly LIBOR Loans, the length of the initial Interest LIBOR Period therefor, for such LIBOR Loans and (vid) whether the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of this AgreementLoan is a Term Loan or Revolving Credit Loan. If no election as to the Type of Borrowing borrowing is specifiedspecified in any such notice, then the requested Borrowing borrowing shall be an ABR Borrowingborrowing of Index Rate Loans. If no Interest LIBOR Period is specified with respect to any requested Eurodollar BorrowingLIBOR Loan is specified in any such notice, then the Borrower shall be deemed to have selected an Interest LIBOR Period of one month’s duration. Notwithstanding Upon receipt of such notice the foregoingAdministrative Agent shall promptly notify each affected Lender thereof. Not later than 2:00 p.m., all Borrowings New York City time, on the Original Effective Borrowing Date specified in such notice, each affected Lender shall make available to the Administrative Agent at the office of the Administrative Agent specified in subsection 11.2 (or at such other location as the Administrative Agent may direct) an amount in immediately available funds equal to the amount of the Loan to be ABR Loansmade by such Lender. Loan proceeds received by the Administrative Agent hereunder shall promptly be made available to Borrower in immediately available funds to be delivered by wire transfer to the account(s) designated by Borrower in the applicable borrowing notice, in the aggregate amount actually received by the Administrative Agent from the Lenders and in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Clearwater Analytics Holdings, Inc.)

Procedure for Borrowing. (a) The Prior to the Completion Date and, to the extent the proceeds of the requested borrowing are used to pay Project Costs, after the Completion Date but prior to the Final Completion Date, the Borrower may borrow under the Term Loan Commitments or the Revolving Credit Commitments (subject to during the limitations in Section 2.01(a)) and Term Loan Commitment Period or the Revolving Credit Commitment Period, as applicable, on any Business Day; provided, that the Borrower may borrow the Term B-1 Commitments by giving shall give the Administrative Agent notice substantially in accordance with and pursuant to the terms of Section 2.4 of the Disbursement Agreement such Notice of Advance Requests in the form form, at the times and as required under the Disbursement Agreement. Notwithstanding any provisions of Exhibit B (a “Borrowing Request”)the Disbursement Agreement to the contrary, which notice such Notice of Advance Requests and the related Advance Confirmation Notices from the 45 Disbursement Agent in accordance with the provisions of Section 2.4 of the Disbursement Agreement must be received by the Administrative Agent prior to (a) 11:00 a.m.12:00 Noon, New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of a Eurodollar BorrowingLoans, or (b) 11:00 a.m., New York City time, on the one Business Day prior to the requested Borrowing Date, in the case of an ABR Borrowing. The Borrowing Request from the Borrower for each Borrowing shall Base Rate Loans and must specify (i) whether the requested Borrowing is amount and Type of Loans to be a Revolving Credit Borrowing or a Term B-1 Borrowingborrowed, (ii) the amount to be borrowed, requested Borrowing Date and (iii) the requested Borrowing Date (which must be the Amendment Effective Date, in the case of a Term B-1 Borrowing), (iv) whether the Borrowing is to be of Eurodollar Loans or ABR Loans, (v) if the Borrowing is to be of Eurodollar Loans, the length of the initial Interest Period therefor. Upon receipt of any Advance Confirmation Notice from the Disbursement Agent, and (vi) the location and number Administrative Agent shall promptly notify each Term Loan Lender and/or Revolving Credit Lender, as appropriate, thereof. Each such Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent at the Funding Office prior to 10:00 A.M., New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then, upon satisfaction or waiver of the Borrower’s account to which conditions precedent specified in Section 5.2, be made available by the Administrative Agent, in like funds are to be disbursedas received by the Administrative Agent from the Lenders, which shall comply with the requirements of this Agreement. If no election as to the Type Disbursement Agent in the Collection Account no later than 12:00 Noon, New York City time, on the applicable Borrowing Date who shall then make the proceeds of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect such Loans available to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period in accordance with and upon fulfillment of one month’s duration. Notwithstanding conditions set forth in the foregoing, all Borrowings on the Original Effective Date shall be ABR LoansDisbursement Agreement.

Appears in 1 contract

Samples: Credit Agreement (Wynn Resorts LTD)

Procedure for Borrowing. (a) The Subject to the terms and conditions hereof, any Borrower or Borrowers may borrow under the Revolving Credit Commitments (subject to during the limitations Commitment Period on any Business Day, provided, except as set forth in Section 2.01(a2.2(b)) and the , that -------- such Borrower may borrow the Term B-1 Commitments by giving or Borrowers shall give the Administrative Agent irrevocable notice substantially in the form of Exhibit B (a “Borrowing Request”), which notice must be received by the Administrative Agent prior to (a) 11:00 a.m.12:00 Noon, New York City time, three Business Days prior to the requested Borrowing Date, specifying (i) the amount to be borrowed and (ii) the requested Borrowing Date. If any Drawdown Certificate requests that a borrowing be made on the Borrowing Date specified therein to finance amounts then due under invoices submitted to any Borrower by the Vendor pursuant to the Supply Contracts, such Drawdown Certificate shall identify such invoices and the amounts being paid thereunder pursuant to such Borrowing. Upon receipt of any such Drawdown Certificate from the relevant Borrower(s), the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account(s) of the relevant Borrower(s) at the office of the Administrative Agent specified in the case of a Eurodollar Borrowing, or (b) Section 11.2 prior to 11:00 a.m.A.M., New York City time, on the Business Day prior Borrowing Date requested by the Borrower(s) in funds immediately available to the requested Borrowing Date, in the case of an ABR BorrowingAdministrative Agent. The Borrowing Request from the Borrower for each Borrowing shall specify (i) whether the requested Borrowing is to Such borrowing will then be a Revolving Credit Borrowing or a Term B-1 Borrowing, (ii) the amount to be borrowed, (iii) the requested Borrowing Date (which must be the Amendment Effective Date, in the case of a Term B-1 Borrowing), (iv) whether the Borrowing is to be of Eurodollar Loans or ABR Loans, (v) if the Borrowing is to be of Eurodollar Loans, the length of the initial Interest Period therefor, and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of this Agreement. If no election as made available to the Type of Borrowing is specified, then Borrower(s) by the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified Administrative Agent (x) with respect to amounts to be used to pay invoices pursuant to the Supply Contracts, by crediting the account of the Vendor designated in its borrowing notice prior to 2:00 P.M., New York City time, on such Borrowing Date with the lesser of the (1) aggregate of the amounts made available to the Administrative Agent by the Lenders and (2) the aggregate amount of such invoices and (y) with respect to proceeds to be used for any requested Eurodollar Borrowingother permitted use, then by crediting the Borrower shall be deemed account(s) of the relevant Borrower(s) designated in the Drawdown Certificate prior to have selected an Interest Period of one 1:00 P.M., New York time, on such Borrowing Date. The Borrowers may borrow no more than once in any month’s duration. Notwithstanding the foregoing, all Borrowings on the Original Effective Date shall be ABR Loans.

Appears in 1 contract

Samples: Credit Agreement (Telscape International Inc)

Procedure for Borrowing. (a) The Administrative Borrower may borrow under shall notify Agent of the request by any applicable Borrower(s) to incur a Revolving Credit Commitments (subject to the limitations in Section 2.01(a)) and the Borrower may borrow the Term B-1 Commitments by giving the Administrative Agent Advance hereunder. Such notice substantially shall be in the form of the Notice of Advance Request attached hereto as Exhibit B (a “Borrowing Request”), which notice must C and shall be received required to be delivered by the Administrative Borrower to Agent on or prior to 1:00 p.m. (aChicago time) 11:00 a.m.(i) on the Business Day of the date of such requested borrowing with respect to Base Rate Loans, New York City time, and (ii) three (3) Business Days prior to the date of such requested Borrowing Date, in the case borrowing with respect to LIBOR Rate Loans or BA Rate Loans. Each such notice shall include (A) an indication of a Eurodollar Borrowing, or (b) 11:00 a.m., New York City time, on the Business Day prior to the requested Borrowing Date, in the case of an ABR Borrowing. The Borrowing Request from the which Borrower for each Borrowing shall specify (i) whether the requested Borrowing is to be a requesting such Revolving Credit Borrowing or a Term B-1 BorrowingAdvance, (iiB) the amount of such proposed borrowing (which amount with respect to (1) LIBOR Rate Loans shall be borrowedin a minimum amount of $500,000 and in integral multiples of $100,000 in excess thereof, (iii2) BA Rate Loans shall be in a minimum amount of Cdn$500,000 and in integral multiples of Cdn$100,000 in excess thereof, and (3) with respect to Base Rate Loans shall be in a minimum amount of $10,000), (C) the requested Borrowing Date date of such proposed borrowing (which must be a Business Day), (D) if the Amendment Effective Daterequested borrowing is on behalf of a US Borrower, (E) if the requested borrowing is on behalf of a Canadian Borrower, whether such borrowing is a US Dollar Loan or a Canadian Dollar Loan, and (F) whether such borrowing is to be initially either a LIBOR Rate Loan or a BA Rate Loan (and if so, the duration of the first (1st) Interest Period therefor) or a Base Rate Loan. Additionally, any amount required to be paid as interest, fees, charges or other Obligations under this Agreement or any Other Document, at the election of Agent, shall be deemed a request by Borrowers for a Revolving Advance as of the date such payment is due, in the case of a Term B-1 Borrowing)amount required to pay in full or in part such interest, (iv) whether the Borrowing is to be of Eurodollar Loans fee, charge or ABR Loans, (v) if the Borrowing is to be of Eurodollar Loans, the length of the initial Interest Period therefor, other Obligation under this Agreement or any Other Document and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of this Agreement. If no election as to the Type of Borrowing is specified, then the requested Borrowing such deemed request shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Notwithstanding the foregoing, all Borrowings on the Original Effective Date shall be ABR Loansirrevocable.

Appears in 1 contract

Samples: Loan and Security Agreement (Castle a M & Co)

Procedure for Borrowing. (a) The Borrower may borrow under Each Borrowing of a Revolving Loan, Initial Term B Loan, Amendment No. 2 Incremental Term B Loan, or Incremental Term A Loan on the Revolving Credit Commitments Closing Date (or the Amendment No. 2 Closing Date, as applicable) shall be made upon the Borrower’s irrevocable (subject to Section 10.5) written notice delivered to Agent (and, in the limitations case of the Initial Term B Loans, Barclays Bank PLC and, in Section 2.01(a)the case of the Amendment No. 2 Incremental Term B Loans, JPMorgan Chase Bank, N.A.) and the Borrower may borrow the Term B-1 Commitments by giving the Administrative Agent notice substantially in the form of Exhibit B (a “Borrowing Request”)Notice of Borrowing, which may be given by (A) telephone, or (B) a Notice of Borrowing; provided, that, any telephone notice must be confirmed promptly by delivery to Agent of a Notice of Borrowing. Each Notice of Borrowing must be received by Agent (and, in the Administrative Agent case of the Initial Term B Loans, Barclays Bank PLC and, in the case of the Amendment No. 2 Incremental Term B Loans, JPMorgan Chase Bank, N.A.) prior to 11:00 a.m. (ai) 11:00 a.m.on the Closing Date (or the Amendment No. 2 Closing Date, New York City timeas applicable), three with respect to Borrowings of Base Rate Loans to be made on the Closing Date (or the Amendment No. 2 Closing Date, as applicable), (ii) on the date which is two (2) Business Days (or, with respect to any Borrowing of Term SOFR Loans to be made on the Closing Date (or the Amendment No. 2 Closing Date, as applicable), one (1) Business Day) prior to the requested Borrowing Date, date in the case of a Eurodollar Borrowingeach Term SOFR Loan, or and (biii) 11:00 a.m., New York City time, on the date which is one (1) Business Day prior to the requested Borrowing date of each Base Rate Loan made after the Closing Date (or the Amendment No. 2 Closing Date, as applicable); provided, however, that, if the Borrower wishes to request Term SOFR Loans having an Interest Period other than one, three or six months in duration as provided in the case definition of an ABR “Interest Period,” the applicable notice must be received by Agent not later than 11:00 a.m. four (4) Business Days prior to the requested date of such Borrowing. The Borrowing Request from , whereupon Agent shall give prompt notice to the appropriate Lenders of such request and determine whether the requested Interest Period is acceptable to all of them, and not later than 11:00 a.m. three (3) Business Days before the requested date of such Borrowing, Agent shall notify the Borrower for each Borrowing shall specify (iwhich notice may be by telephone) whether the requested Borrowing is to be a Revolving Credit Borrowing or a Term B-1 Borrowing, (ii) the amount to be borrowed, (iii) the requested Borrowing Date (which must be the Amendment Effective Date, in the case of a Term B-1 Borrowing), (iv) whether the Borrowing is to be of Eurodollar Loans or ABR Loans, (v) if the Borrowing is to be of Eurodollar Loans, the length of the initial Interest Period therefor, and (vi) has been consented to by all the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of this AgreementLenders. If no election as to the Type Such Notice of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Notwithstanding the foregoing, all Borrowings on the Original Effective Date shall be ABR Loans.specify:

Appears in 1 contract

Samples: Credit Agreement (R1 RCM Inc. /DE)

Procedure for Borrowing. (a) The Subject to Section 4, the Borrower may borrow under the Revolving Credit Commitments (subject during the Commitment Period on any Business Day, with respect to the limitations in Section 2.01(a)) and Term Benchmark Loans, or any Business Day, with respect to ABR Loans, provided that the Borrower may borrow the Term B-1 Commitments by giving shall give the Administrative Agent irrevocable notice substantially in the form of Exhibit B (a “Borrowing RequestNotice), ) (which notice Borrowing Notice must be received by the Administrative Agent prior to (a) 11:00 a.m.A.M., New York City time, three Business Days prior to the requested Borrowing DateDate for a Term Benchmark Loan, and 11:00 a.m. on the requested Borrowing Date for an ABR Loan), specifying (i) the aggregate amount to be borrowed and the aggregate amount outstanding after giving effect to such borrowing, (ii) the Type of each Loan requested, (iii) the requested Borrowing Date and (iv) with respect to any Term Benchmark Loan, the lengths of the initial Interest Periods therefor. The aggregate amount of each borrowing by the Borrower under the Commitments on any Borrowing Date shall be in an amount equal to (i) as to each ABR Loan, $1,000,000 or a whole multiple of $500,000 in excess thereof (or, if the case then Available Commitments are less than $1,000,000, such lesser amount); (ii) as to each Term Benchmark Loan, $1,000,000 or a whole multiple of a Eurodollar Borrowing$500,000 in excess thereof (or, or (b) 11:00 a.m.if the then Available Commitments are less than $1,000,000, such lesser amount). Upon receipt of any such Borrowing Notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 prior to 4:00 P.M., New York City time, on the Business Day prior Borrowing Date requested by the Borrower in funds immediately available to the requested Borrowing Date, in the case of an ABR BorrowingAdministrative Agent. The Borrowing Request from Such borrowing will then be made available to the Borrower for each Borrowing shall specify (i) whether the requested Borrowing is to be a Revolving Credit Borrowing or a Term B-1 Borrowing, (ii) the amount to be borrowed, (iii) the requested on such Borrowing Date (which must be by the Amendment Effective Date, in Administrative Agent transferring by wire to the case custodian of a Term B-1 Borrowing), (iv) whether and for the Borrowing is to be of Eurodollar Loans or ABR Loans, (v) if the Borrowing is to be of Eurodollar Loans, the length account of the initial Interest Period therefor, and (vi) Borrower the location and number aggregate of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of this Agreement. If no election as amounts made available to the Type of Borrowing is specified, then Administrative Agent by the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then Lenders and in like funds as received by the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Notwithstanding the foregoing, all Borrowings on the Original Effective Date shall be ABR LoansAdministrative Agent.

Appears in 1 contract

Samples: Credit Agreement

Procedure for Borrowing. (a) The Borrower Company may borrow under the Revolving Credit Commitments (subject on any Business Day, provided that, with respect to any borrowing, the limitations in Section 2.01(a)) and the Borrower may borrow the Term B-1 Commitments by giving Company shall give the Administrative Agent irrevocable notice substantially in the form of Exhibit B (a “Borrowing Request”), which notice must be received by the Administrative Agent prior to 12:00 noon (a) 11:00 a.m.or, with respect to Swing Line Loans, 3:00 p.m.), New York City time, (i) three Business Days prior to the requested Borrowing DateDate if all or any part of the Loans are to be Eurodollar Loans and (ii) one Business Day prior to the requested Borrowing Date (or, in the case of Swing Line Loans and, if the Closing Date occurs on the date this Agreement is executed and delivered, Loans made on the Closing Date, on the requested Borrowing Date) if the borrowing is to be solely of Alternate Base Rate Loans) and specifying (A) the amount of the borrowing, (B) whether such Loans are initially to be Eurodollar Loans or Alternate Base Rate Loans or a combination thereof, (C) if the borrowing is to be entirely or partly Eurodollar BorrowingLoans, the length of the Interest Period for such Eurodollar Loans and (D) whether the Loan is a Term Loan, a Swing Line Loan or (b) 11:00 a.m.a Revolving Credit Loan. Upon receipt of such notice the Administrative Agent shall promptly notify each Lender. Not later than 12:00 noon, New York City time, on the Business Day prior Borrowing Date specified in such notice, each Lender shall make available to the requested Borrowing DateAdministrative Agent at the office of the Administrative Agent specified in subsection 11.2 (or at such other location as the Administrative Agent may direct) an amount in immediately available funds equal to the amount of the Loan to be made by such Lender (except that proceeds of Swing Line Loans will be made available to the Company in accordance with subsection 3.4(a)). Loan proceeds received by the Administrative Agent hereunder shall promptly be made available to the Company by the Administrative Agent's crediting the account of the Company, at the office of the Administrative Agent specified in subsection 11.2, with the case of an ABR Borrowing. The Borrowing Request aggregate amount actually received by the Administrative Agent from the Borrower for each Borrowing shall specify (i) whether Lenders and in like funds as received by the requested Borrowing is to be a Revolving Credit Borrowing or a Term B-1 Borrowing, (ii) the amount to be borrowed, (iii) the requested Borrowing Date (which must be the Amendment Effective Date, in the case of a Term B-1 Borrowing), (iv) whether the Borrowing is to be of Eurodollar Loans or ABR Loans, (v) if the Borrowing is to be of Eurodollar Loans, the length of the initial Interest Period therefor, and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of this Agreement. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Notwithstanding the foregoing, all Borrowings on the Original Effective Date shall be ABR LoansAdministrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Falcon Building Products Inc)

Procedure for Borrowing. (ai) The Borrower Each of the applicable Borrowers may borrow under the Revolving Credit applicable Commitments on any Business Day during the period from the Closing Date until the Termination Date; provided that the Borrowers’ Agent shall give the Agent irrevocable (subject in the case of any notice except notice with respect to the limitations initial extension of Revolving Loans hereunder) notice in Section 2.01(a)) and the Borrower may borrow the Term B-1 Commitments by giving the Administrative Agent notice substantially in the form of Exhibit B or in such other form as may be agreed between the Borrowers’ Agent and the Agent (each, a “Borrowing RequestNotice of Borrowing), ) (which notice request must be received by the Administrative Agent prior to (ax) 11:00 a.m.12:00 noon, New York City time, at least three Business Days prior to the requested Borrowing Funding Date, if all or any part of the requested Revolving Loans are to be initially LIBOR Loans denominated in Dollars made to a U.S. Borrower, (y) 12:00 noon, New York City time, at least three Business Days prior to the case requested Funding Date, if all or any part of the requested Revolving Loans are to be initially LIBOR Loans denominated in Dollars made to any Borrower other than a Eurodollar BorrowingU.S. Borrower, LIBOR Loans denominated in any Alternative Currency or BA Equivalent Loans or (bz) 11:00 a.m.12:00 noon, New York City time, on the requested Funding Date, for Base Rate Loans or Canadian Prime Rate Loans (or in the case of the initial Borrowing hereunder, in each case, 10:00 a.m., New York City time, one Business Day prior to the requested Borrowing Datedate of the initial borrowing hereunder)) specifying (A) the identity of the Borrower, in (B) the case currency of an ABR Borrowing. The Borrowing Request from the Borrower for each Borrowing shall specify (i) whether the requested Borrowing is to be a Revolving Credit Borrowing or a Term B-1 Borrowing, (ii) and the amount to be borrowed, (iiiC) the requested Borrowing Date (which must be the Amendment Effective Funding Date, in the case of a Term B-1 Borrowing), (ivD) whether the Borrowing is to be of Eurodollar LIBOR Loans, BA Equivalent Loans, Base Rate Loans or ABR LoansCanadian Prime Rate Loans (as applicable) or a combination thereof (and if not so specified, it shall be deemed a request for Base Rate Loans (vin the case of U.S. Revolving Loans or Canadian Revolving Loans denominated in Dollars), LIBOR Loans with an Interest Period of one month or Canadian Prime Rate Loans (in the case of Canadian Revolving Loans denominated in Canadian Dollars)), and (E) if the Borrowing is to be entirely or partly of Eurodollar LIBOR Loans or BA Equivalent Loans, the length respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor, Periods or BA Equivalent Interest Periods therefor (and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of this Agreement. If no election as to the Type of Borrowing is if not so specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower it shall be deemed to have selected an Interest Period a request for a period of one month’s duration). Notwithstanding Each Borrowing, except any Base Rate Loan or Canadian Prime Rate Loan to be used solely to pay a like amount of outstanding reimbursement obligations in respect of Letters of Credit or Swingline Loans, shall be in an amount equal to an integral multiple of the foregoingapplicable Borrowing Multiple and not less than the applicable Borrowing Minimum. Upon receipt of any such notice from the Borrowers’ Agent, all Borrowings the Agent shall promptly notify each Revolving Credit Lender thereof. Subject to the satisfaction of the conditions precedent specified in Section 9.2, each Revolving Credit Lender will make the amount of its Pro Rata Share of each Borrowing of Revolving Loans available to the Agent for the account of the Borrower(s) identified in such notice to the account or accounts from time to time designated by the Agent prior to 3:00 p.m., New York City time (or 10:00 a.m., New York City time, in the case of the initial borrowing hereunder), or at such other time as to which the Agent shall notify the Borrowers’ Agent reasonably in advance of the Funding Date with respect thereto, on the Original Effective Funding Date shall requested by such Borrower(s) in Dollars, Canadian Dollars or any other Alternative Currency, as applicable, and in funds immediately available to the Agent. Such Borrowing will then be ABR Loansmade available to the relevant Borrower by the Agent, crediting the account of such Borrower designated by the Borrowers’ Agent in writing, with the aggregate of the amounts made available to the Agent by the Revolving Credit Lenders and in like funds as received by the Agent.

Appears in 1 contract

Samples: Credit Agreement (Herc Holdings Inc)

Procedure for Borrowing. (a) The Borrower may borrow under From time to time during the Revolving Credit Commitments (subject to the limitations in Section 2.01(a)) and Commitment Period, the Borrower may borrow request the Term B-1 Commitments Lender to make a Loan by giving delivering an irrevocable written notice to the Administrative Agent notice substantially Lender in the form of Exhibit B a Notice of Borrowing (a “Borrowing Request”to be confirmed promptly by telephone), which notice must specifying (i) the aggregate principal amount of the Loan to be received by made on the Administrative Agent prior to Borrowing Date, (aii) 11:00 a.m., New York City time, three Business Days prior to the requested Borrowing Date, which shall be a Business Day, (iii) whether the requested Loan is to consist of Base Rate Loans or LIBOR Loans, and (iv) if the requested Loan is to consist of LIBOR Loans, the initial Interest Periods selected by the Borrower for such LIBOR Loans. The Borrower shall give each Notice of Borrowing to the Lender not later than 12:00 p.m. (New York City time) at least three Business Days before the date of the requested Loan borrowing in the case of a Eurodollar Borrowing, or Loan consisting of LIBOR Loans and not later than 12:00 p.m. (b) 11:00 a.m., New York City time, on the ) at least one Business Day prior before the date of the requested Loan borrowing in the case of a Loan consisting of Base Rate Loans. Each Notice of Borrowing shall be delivered by first-class mail, fax or by e-mail containing such signed and completed Notice of Borrowing to the Lender at the office or facsimile number (or e-mail address, as the case may be) specified by the Lender (and such telephonic notice shall be given to the telephone number specified by the Lender). Unless the Lender determines that any applicable condition set forth in Article IV has not been satisfied by not later than 2:00 p.m. New York City time on the requested Borrowing Date, the Lender will make the requested Loan by wire transfer of immediately available funds to such account of the Borrower or its designee as specified in the case applicable Notice of an ABR Borrowing. The Borrowing Request from the Borrower for each Borrowing Each borrowing of Loans shall specify be in a principal amount of (i) whether the requested Borrowing is to be a Revolving Credit Borrowing $5,000,000 or a Term B-1 Borrowing, (ii) the amount to be borrowed, (iii) the requested Borrowing Date (which must be the Amendment Effective Datewhole multiple of $1,000,000 in excess thereof, in the case of a Term B-1 Borrowing), (iv) whether the Borrowing is to be of Eurodollar LIBOR Rate Loans or ABR Loans, (v) if the Borrowing is to be of Eurodollar Loans, the length of the initial Interest Period therefor, and (viii) $2,000,000 or a whole multiple of $500,000 in excess thereof, in the location and number case of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of this Agreement. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Notwithstanding the foregoing, all Borrowings on the Original Effective Date shall be ABR Base Rate Loans.

Appears in 1 contract

Samples: Loan Agreement (Mbia Inc)

Procedure for Borrowing. (a) The Borrower may borrow under the Multicurrency Revolving Credit Commitments and the Dollar Revolving Credit Commitments (subject to the limitations in Section 2.01(a)) and Borrower and the Additional Borrower may borrow under the Term B-1 Commitments by giving the Administrative Agent notice substantially in the form of Exhibit B C (a “Borrowing Request”"BORROWING REQUEST"), which notice must be received by the Administrative Agent prior to (a) 11:00 a.m., New York City time, three Business Days prior to the requested Borrowing Date, in the case of a Eurodollar BorrowingBorrowing in Dollars, and four Business Days, in the case of a Eurodollar Borrowing in an Alternate Currency, or (b) 11:00 a.m., New York City time, on the Business Day prior to the requested Borrowing Date, in the case of an ABR Borrowing. The Borrowing Request from the Borrower for each Borrowing shall specify (i) whether the requested Borrowing is to be a Multicurrency Revolving Credit Borrowing, Dollar Revolving Credit Borrowing or a Term B-1 Borrowing, and in the case of a Term Borrowing, shall identify the applicable Borrower, (ii) the amount to be borrowed, (iii) the requested Borrowing Date (which must be the Amendment Effective Datewhich, in the case of a Term B-1 Borrowing, must be the Closing Date), (iv) whether the Borrowing is to be of Eurodollar Loans or ABR Loans, (v) if the Borrowing is to be of Eurodollar Loans, the length of the initial Interest Period therefor, and (vi) the location and number of the Borrower’s 's account to which funds are to be disbursed, which shall comply with the requirements of this Agreement, and (vii) in the case of a Borrowing consisting of Alternate Currency Multicurrency Revolving Loans, the Alternate Currency of such Borrowing. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Notwithstanding the foregoing, all Borrowings on the Original Effective Date shall be ABR Loans.

Appears in 1 contract

Samples: Credit Agreement (Jda Software Group Inc)

Procedure for Borrowing. (a) The Borrower Company may borrow under the Revolving Credit Commitments (subject to during the limitations in Section 2.01(a)) and Commitment Period on any Business Day, provided that the Borrower may borrow the Term B-1 Commitments by giving Company shall give the Administrative Agent irrevocable notice substantially in the form of Exhibit B (a “Borrowing Request”), which notice must be received by the Administrative Agent prior to (a) 11:00 a.m.A.M., New York City time, (i) three Business Days prior to the requested Borrowing Date, in if all or any part of the case of a requested Revolving Credit Loans are to be initially Eurodollar Borrowing, Loans or (bii) 11:00 a.m., New York City time, on the one Business Day prior to the requested Borrowing Date, in the case of an ABR Borrowing. The Borrowing Request from the Borrower for each Borrowing shall specify otherwise), specifying (i) whether the requested Borrowing is to be a Revolving Credit Borrowing or a Term B-1 Borrowing, (iiA) the amount to be borrowed, (iiiB) the requested Borrowing Date (which must be the Amendment Effective Date, in the case of a Term B-1 Borrowing), (ivC) whether the Borrowing is to be of Eurodollar Loans or ABR Loans, (v) if the Borrowing borrowing is to be of Eurodollar Loans, ABR Loans or a combination thereof and (D) if the length borrowing is to be entirely or partly of Eurodollar Loans, the amounts of such Type of Loan and the lengths of the initial Interest Period Periods therefor. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of ABR Loans, $1,000,000 or a whole multiple thereof (or, if then Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (viy) in the location and number case of Eurodollar Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof. Upon receipt of any such notice from the Company, the Administrative Agent shall promptly notify each Revolving Credit Lender thereof. Each Revolving Credit Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower’s Company at the office of the Administrative Agent specified in subsection 10.2 prior to 12:00 Noon, New York City time, on the Borrowing Date requested by the Company in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Company by the Administrative Agent crediting the account to which funds are to be disbursed, which shall comply of the Company on the books of such office with the requirements aggregate of this Agreement. If no election as the amounts made available to the Type of Borrowing is specified, then Administrative Agent by the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then Revolving Credit Lenders and in like funds as received by the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Notwithstanding the foregoing, all Borrowings on the Original Effective Date shall be ABR LoansAdministrative Agent.

Appears in 1 contract

Samples: Credit Agreement (General Chemical Group Inc)

Procedure for Borrowing. (a) The Borrower may borrow under the Revolving Credit Commitments (subject to during the limitations in Section 2.01(a)) and Revolving Credit Commitment Period on any Business Day, provided that the Borrower may borrow the Term B-1 Commitments by giving shall give the Administrative Agent irrevocable notice substantially in the form of Exhibit B (a “Borrowing Request”), which notice must be received by the Administrative Agent prior to (a) 11:00 a.m.1:00 P.M., New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of a Eurodollar BorrowingLoans, or (b) 11:00 a.m., New York City time, on the Business Day prior to the requested Borrowing Date, in the case of an ABR Borrowing. The Borrowing Request from the Borrower for each Borrowing shall specify Base Rate Loans), specifying (i) whether the requested Borrowing is amount and Type of Revolving Credit Loans to be a Revolving Credit Borrowing or a Term B-1 Borrowingborrowed, (ii) the amount to be borrowed, requested Borrowing Date and (iii) the requested Borrowing Date (which must be the Amendment Effective Date, in the case of a Term B-1 Borrowing), (iv) whether the Borrowing is to be of Eurodollar Loans or ABR Loans, (v) if the Borrowing is to be of Eurodollar Loans, the length respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate Loans. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of Base Rate Loans, $1,000,000 or a whole multiple thereof (or, if the Revolving Credit Availability is less than $1,000,000, such lesser amount) and (viy) in the location and number case of Eurodollar Loans, $1,000,000 or a whole multiple of $500,000 in excess thereof. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower’s account Borrower at the Funding Office prior to which 1:00 P.M., New York City time, on the Borrowing Date requested by the Borrower in funds are to be disbursed, which shall comply with the requirements of this Agreement. If no election as immediately available to the Type of Borrowing is specified, Administrative Agent. Such borrowing will then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect made available to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Notwithstanding by the foregoing, all Borrowings on Administrative Agent in like funds as received by the Original Effective Date shall be ABR LoansAdministrative Agent.

Appears in 1 contract

Samples: Possession Credit Agreement (NBC Acquisition Corp)

Procedure for Borrowing. (a) The Borrower may borrow under the Revolving Credit Commitments (subject to the limitations in Section 2.01(a)) and the Borrower may borrow or the Term B-1 B Commitments by giving the Administrative Agent notice substantially in the form of Exhibit B (a “Borrowing Request”), which notice must be received by the Administrative Agent prior to (a) 11:00 a.m., New York City London time, three Business Days prior to the requested Borrowing Date, in the case of a Eurodollar Eurocurrency Borrowing, or (b) 11:00 10:00 a.m., New York City time, on the Business Day prior to the requested Borrowing Date, in the case of an ABR Borrowing; provided that any such notice of an ABR Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.06(e) may be given not later than 10:00 a.m., New York City time, on the date of the proposed Borrowing. The Borrowing Request from the Borrower for each Borrowing shall specify (i) whether the requested Borrowing is to be a Revolving Credit Borrowing or a Term B-1 B Borrowing, (ii) the amount to be borrowed, (iii) the requested Borrowing Date (which must be the Amendment Effective Date, in the case of a Term B-1 B Borrowing), (iv) whether the Borrowing is to be of Eurodollar Eurocurrency Loans or ABR Loans, (v) if the Borrowing is to be of Eurodollar Eurocurrency Loans, the length of the initial Interest Period therefor, and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of this Agreement. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Notwithstanding the foregoing, all Borrowings on the Original Effective Date shall be ABR Loans.

Appears in 1 contract

Samples: Credit Agreement (Constar Inc)

Procedure for Borrowing. (a) The Each Borrowing of a Revolving Loan shall be made upon Borrower may borrow under the Revolving Credit Commitments Representative’s irrevocable (subject to the limitations in Section 2.01(a)10.5) and the Borrower may borrow the Term B-1 Commitments by giving the Administrative written notice delivered to Agent notice substantially in the form of Exhibit B (a Notice of Borrowing Request”)or in a writing in any other form acceptable to Agent, which notice must be received by the Administrative Agent (i) prior to 10:00 a.m. (a) 11:00 a.m., New York City time) on the day of the requested Borrowing of each Base Rate Loan, and (ii) prior to 12:00 noon (New York time) on the day which is three (3) Business Days prior to the requested Borrowing Date, date in the case of each LIBOR Rate Loan. Such Notice of Borrowing shall specify and certify: the amount of the Borrowing (which shall be with respect to a Eurodollar BorrowingRevolving Loan, or (b) 11:00 a.m., New York City time, on the Business Day prior to an aggregate minimum principal amount of $1,000,000); the requested Borrowing Datedate, in the case of an ABR Borrowing. The Borrowing Request from the Borrower for each Borrowing which shall specify (i) whether the requested Borrowing is to be a Revolving Credit Borrowing or a Term B-1 Borrowing, (ii) the amount to be borrowed, (iii) the requested Borrowing Date (which must be the Amendment Effective Date, in the case of a Term B-1 Borrowing), (iv) Business Day; whether the Borrowing is to be comprised of Eurodollar LIBOR Rate Loans or ABR Base Rate Loans, (v) ; and if the Borrowing is to be of Eurodollar LIBOR Rate Loans, the length of the initial Interest Period therefor, and (vi) the location and number of the Borrower’s account applicable to which funds are to be disbursed, which shall comply with the requirements of this Agreement. such Loans; If no election as to the Type of Borrowing is specifiedspecified in any such notice, then the requested Borrowing shall be an ABR a Base Rate Borrowing. If no Interest Period is specified with respect to any requested Eurodollar BorrowingLIBOR Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Notwithstanding Upon receipt of a Notice of Borrowing, Agent will promptly notify each Lender of such Notice of Borrowing and of the foregoingamount of such Lender’s Revolving Commitment Percentage of the Borrowing of a Revolving Loan. Unless Agent is otherwise directed in writing by Borrower Representative, all Borrowings the proceeds of each requested Borrowing after the Closing Date will be made available to Borrowers by Agent by wire transfer of such amount to Borrowers pursuant to the wire transfer instructions specified on the Original Effective Date shall be ABR Loanssignature page hereto.

Appears in 1 contract

Samples: Credit Agreement (Rentech Nitrogen Partners, L.P.)

Procedure for Borrowing. (a) The Borrower may borrow under the Revolving Credit Commitments (subject Each borrowing of Loans, each conversion of Loans of one Type to the limitations in Section 2.01(a)) other, and each continuation of LIBOR Loans shall be made upon delivery by the Borrower may borrow of an irrevocable notice to the Term B-1 Commitments Lender, by giving facsimile, or by electronic communication, if arrangements for doing so have been approved by the Administrative Agent notice substantially in the form of Exhibit B (a “Lender. Each Borrowing Request”), which notice Request and Conversion/Continuation Notice must be received by the Administrative Agent prior to Lender not later than 2:00 p.m. Boston time (ai) 11:00 a.m., New York City time, three (3) Business Days prior to the requested Borrowing Datedate of any borrowing of, in the case conversion to or continuation of a Eurodollar BorrowingLIBOR Loans, or (bii) 11:00 a.m., New York City time, on the one (1) Business Day prior to the requested Borrowing Dateconversion of a LIBOR Loan to a Prime Loan, in and (iii) on the case Business Day on which any borrowing of an ABR BorrowingPrime Loans is requested. The Borrowing Request from the Borrower for each Borrowing Each written notice of borrowing or conversion shall specify (i) whether the requested Borrowing borrowing is to be a Revolving Credit Borrowing, an Equipment Borrowing or an Acquisition Borrowing, a Term B-1 Borrowingconversion of Loans from one Type to the other, or a continuation of a LIBOR Loan, (ii) the amount to requested date of the borrowing, continuation or conversion, as the case may be borrowed(which shall be a Business Day), (iii) the requested Borrowing Date (which must principal amount of the Revolving Loan, Equipment Loan, or Acquisition Loan to be the Amendment Effective Dateborrowed, in the case of a Term B-1 Borrowing)continued or converted, (iv) whether the Borrowing is to be of Eurodollar Loans or ABR Loans, (v) if the Borrowing is to be of Eurodollar Loansapplicable, the length duration of the initial Interest Period therefor, applicable thereto; and (vi) if applicable, the location and number Type of the Borrower’s account Loans to be borrowed or to which funds existing Loans are to be disbursedconverted. Each borrowing of, which conversion to or continuation of LIBOR Loans shall comply with the requirements be in an amount equal to $250,000 or whole multiples of this Agreement$100,000 in excess thereof. If no election as the Borrower fails to the specify a Type of Loan in a Borrowing is specifiedRequest or Conversion/Continuation Notice or if the Borrower fails to give timely notice requesting a conversion or continuation, then the requested Borrowing Revolving Loans, Equipment Loans or Acquisition Loans, as the case may be, shall be an ABR Borrowingmade as, or converted to, Prime Loans. If no Any such automatic conversion to Prime Loan shall be effective as of the last day of the Interest Period is specified then in effect with respect to any requested Eurodollar Borrowing, then the applicable LIBOR Loan. If the Borrower shall requests a borrowing of, conversion to or continuation of a LIBOR Loan in any such borrowing or conversion notice, but fails to specify an Interest Period, the Borrower will be deemed to have selected specified an Interest Period of one month’s duration. Notwithstanding any contrary provision hereof, if a Default has occurred and is continuing and the foregoingLender so notifies the Borrower, all Borrowings on the Original Effective Date then, so long as a Default is continuing (i) no outstanding Revolving Loan, Equipment Loan, or Acquisition Loan may be converted to or continued as a LIBOR Loan and (ii) unless repaid, each LIBOR Loan shall be ABR Loansconverted to a Prime Loan at the end of the Interest Period applicable thereto.

Appears in 1 contract

Samples: Loan and Security Agreement (Smith & Wesson Holding Corp)

Procedure for Borrowing. (a) The Borrower Borrowers may borrow under the Revolving Credit Commitments or the Term D Commitments (subject subject, in each case, to the limitations in Section 2.01(a)) and by the Borrower may borrow the Term B-1 Commitments by Representative giving the Administrative Agent notice substantially in the form of Exhibit B (a “Borrowing Request”), which notice must be received by the Administrative Agent prior to (a) 11:00 a.m., New York City time, three Business Days prior to the requested Borrowing Date, in the case of a Eurodollar Borrowing, or (b) 11:00 a.m., New York City time, on the Business Day prior to the requested Borrowing Date, in the case of an ABR Borrowing. The Borrowing Request from the Borrower for each Borrowing shall specify (i) whether the requested Borrowing is to be a Revolving Credit Borrowing Borrowing, or a Term B-1 D Borrowing, (ii) the amount to be borrowed, (iii) the requested Borrowing Date (which must be the Amendment Restatement Effective Date, Date in the case of a Term B-1 D Borrowing), (iv) whether the Borrowing is to be of Eurodollar Loans or ABR Loans, (v) if the Borrowing is to be of Eurodollar Loans, the length of the initial Interest Period therefor, and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of this Agreement. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower making such Borrowing Request shall be deemed to have selected an Interest Period of one month’s duration. Notwithstanding the foregoing, all Borrowings on the Original Effective Date shall be ABR Loans.

Appears in 1 contract

Samples: Credit Agreement (Consolidated Communications Illinois Holdings, Inc.)

Procedure for Borrowing. (a) The Either Borrower may borrow under the Revolving Credit Commitments or the Term C Commitments (subject subject, in each case, to the limitations in Section 2.01(a)) and the Borrower may borrow the Term B-1 Commitments by giving the Administrative Agent notice substantially in the form of Exhibit B to the Original Credit Agreement (a "Borrowing Request") (provided, that Exhibit B to the Original Credit Agreement is hereby amended by deleting each reference to "Term B Loan" and replacing it with "Term C Loan" and by deleting each reference to "Term B Borrowing" and replacing it with "Term C Borrowing"), which notice must be received by the Administrative Agent prior to (a) 11:00 a.m., New York City time, three Business Days prior to the requested Borrowing Date, in the case of a Eurodollar Borrowing, or (b) 11:00 a.m., New York City time, on the Business Day prior to the requested Borrowing Date, in the case of an ABR Borrowing. The Borrowing Request from the Borrower for each Borrowing shall specify (i) whether the requested Borrowing is to be a Revolving Credit Borrowing Borrowing, or a Term B-1 C Borrowing, (ii) the amount to be borrowed, (iii) the requested Borrowing Date (which must be the Amendment Restatement Effective Date, Date in the case of a Term B-1 C Borrowing), (iv) whether the Borrowing is to be of Eurodollar Loans or ABR Loans, (v) if the Borrowing is to be of Eurodollar Loans, the length of the initial Interest Period therefor, and (vi) the location and number of the such Borrower’s 's account to which funds are to be disbursed, which shall comply with the requirements of this Agreement; provided that the Term C Loans (whether converted pursuant to Section 1.04(b) or funded as contemplated by Section 1.04(c)) shall have Interest Periods equal to the Interest Periods in effect with respect to the Term B Loans immediately prior to the Restatement Effective Date except that interest on such Term C Loans shall accrue from the Restatement Effective Date until the end of such Interest Periods. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower making such Borrowing Request shall be deemed to have selected an Interest Period of one month’s 's duration. Notwithstanding the foregoing, all Borrowings on the Original Effective Date shall be ABR Loans.

Appears in 1 contract

Samples: Credit Agreement (Consolidated Communications Texas Holdings, Inc.)

Procedure for Borrowing. (ai) The Borrower Each of the applicable Borrowers may borrow under the Revolving Credit applicable Commitments on any Business Day during the period from the Closing Date until the Termination Date; provided that the Borrowers’ Agent shall give the Agent irrevocable (subject in the case of any notice except notice with respect to the limitations initial extension of Revolving Loans hereunder) notice in Section 2.01(a)) and the Borrower may borrow the Term B-1 Commitments by giving the Administrative Agent notice substantially in the form of Exhibit B or in such other form as may be agreed between the Borrowers’ Agent and the Agent (each, a “Borrowing RequestNotice of Borrowing), ) (which notice request must be received by the Administrative Agent prior to (ax) 11:00 a.m.12:00 noon, New York City time, at least two Business Days prior to the requested Funding Date, if all or any part of the requested Revolving Loans are to be initially LIBOR Loans denominated in Dollars made to a U.S. Borrower, (y) 12:00 noon, New York City time, at least three Business Days prior to the requested Borrowing Funding Date, if all or any part of the requested Revolving Loans are to be initially LIBOR Loans denominated in the case of Dollars made to any Borrower other than a Eurodollar BorrowingU.S. Borrower, LIBOR Loans denominated in any Alternative Currency or, BA Equivalent Loans, Bank Bxxx Rate Loans or SXXXX Rate Loans or (bz) 11:00 a.m.12:00 noon, New York City time, on the requested Funding Date, for Base Rate Loans or Canadian Prime Rate Loans (or in the case of the initial Borrowing hereunder, in each case, 10:00 a.m., New York City time, one Business Day prior to the requested Borrowing Datedate of the initial borrowing hereunder)) specifying (A) the identity of the Borrower, in (B) the case currency of an ABR Borrowing. The Borrowing Request from the Borrower for each Borrowing shall specify (i) whether the requested Borrowing is to be a Revolving Credit Borrowing or a Term B-1 Borrowing, (ii) and the amount to be borrowed, (iiiC) the requested Borrowing Date (which must be the Amendment Effective Funding Date, in the case of a Term B-1 Borrowing), (ivD) whether the Borrowing is to be of Eurodollar LIBOR Loans, BA Equivalent Loans, Base Rate Loans or, Canadian Prime Rate Loans, SXXXX Rate Loans or ABR Bank Bxxx Rate Loans (as applicable) or a combination thereof (and if not so specified, it shall be deemed a request for Base Rate Loans (in the case of U.S. Revolving Loans, ROW Revolving Loans denominated in Dollars or Canadian Revolving Loans denominated in Dollars), LIBOR Loans with an Interest Period of one month (vin the case of ROW Revolving Loans denominated in an Alternative Currency other than Sterling, Australian Dollars or New Zealand Dollars or in the case of ANZ Revolving Loans denominated in Dollars) or, Canadian Prime Rate Loans (in the case of Canadian Revolving Loans denominated in Canadian Dollars), SXXXX Rate Loans (in the case of Revolving Loans denominated in Sterling) or Bank Bxxx Rate Loans with an Interest Period of one month (in the case of Revolving Loans denominated in Australian Dollars or New Zealand Dollars)) (provided that no such Notice of Borrowing shall request (x) ANZ Revolving Loans that are Base Rate Loans, and any such request shall be deemed to be a request for LIBOR Loans or Bank Bxxx Rate Loans, as applicable, in each case with an Interest Period of one month (for the avoidance of doubt, this proviso shall not apply to any ANZ Swingline Loans requested pursuant to Section 2.3(e)) or (y) Revolving Loans denominated in Sterling that are LIBOR Loans, and any such request shall be deemed to be a request for SXXXX Rate Loans), and (E) if the Borrowing is to be entirely or partly of Eurodollar LIBOR Loans or, BA Equivalent Loans or Bank Bxxx Rate Loans, the length respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor, Periods or BA Equivalent Interest Periods therefor (and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of this Agreement. If no election as to the Type of Borrowing is if not so specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower it shall be deemed to have selected an Interest Period a request for a period of one month’s duration). Notwithstanding Each Borrowing, except any Base Rate Loan or Canadian Prime Rate Loan to be used solely to pay a like amount of outstanding reimbursement obligations in respect of Letters of Credit or Swingline Loans, shall be in an amount equal to an integral multiple of the foregoingapplicable Borrowing Multiple and not less than the applicable Borrowing Minimum. Upon receipt of any such notice from the Borrowers’ Agent, all Borrowings the Agent shall promptly notify each applicable Revolving Credit Lender thereof. Subject to the satisfaction of the conditions precedent specified in Section 9.2 and except as otherwise set forth in Section 2.10, each applicable Revolving Credit Lender will make the amount of its Pro Rata Share (or, in the case of Bank of America (for so long as it shall be a Revolving Credit Lender), in the case of any Borrowing of Canadian Revolving Loans or ROW Revolving Loans, as applicable, its Pro Rata Share plus an amount equal to the sum of the Pro Rata Share of each Participating Canadian Lender or Participating ROW Lender, as applicable, provided that, so long as any Participating Canadian Lender or Participating ROW Lender is a Defaulting Lender, Bank of America shall not be required to fund or otherwise make available the Pro Rata Share of such Participating Canadian Lender or Participating ROW Lender) of each Borrowing of Revolving Loans available to the Agent for the account of the Borrower(s) identified in such notice to the account or accounts from time to time designated by the Agent prior to 3:00 p.m., New York City time (or 10:00 a.m., New York City time, in the case of the initial borrowing hereunder), or at such other time as to which the Agent shall notify the Borrowers’ Agent reasonably in advance of the Funding Date with respect thereto, on the Original Effective Funding Date shall requested by such Borrower(s) in Dollars, Euros, Sterling, Canadian Dollars, Australian Dollars, New Zealand Dollars or any other Alternative Currency, as applicable, and in funds immediately available to the Agent. Such Borrowing will then be ABR Loans.made available to the relevant Borrower by the Agent, crediting the account of such Borrower designated by the Borrowers’ Agent in writing, with the aggregate of the amounts made available to the Agent by the applicable Revolving Credit Lenders and in like funds as received by the Agent. 77

Appears in 1 contract

Samples: Credit Agreement (United Rentals North America Inc)

Procedure for Borrowing. (a) The Borrower Borrowers may request quotations for LIBOR Rates for specific Interest Periods from the Lender, which the Lender may provide orally or in writing, together with the time period during which such quoted rates shall remain available. The Borrowers may borrow under the Revolving Credit Commitments Loans Commitment during the Commitment Period on any Business Day or LIBOR Business Day, as applicable, provided that CheckFree gives the Lender written notice (subject to the limitations in Section 2.01(a)each, a "Notice of Borrowing") and the Borrower may borrow the Term B-1 Commitments by giving the Administrative Agent notice substantially in the form of Exhibit B (a “Borrowing Request”), which notice must be received by the Administrative Agent Lender prior to 10:00 a.m., Columbus, Ohio, time for a Prime Loan and 3:00 p.m., Columbus, Ohio, time for a LIBOR Loan, (a) 11:00 a.m.on the Business Day which is the requested Borrowing Date for each Prime Loan, New York City timeor any renewal thereof, three and (b) at least two (2) LIBOR Business Days prior to the requested Borrowing DateDate for each LIBOR Loan, or the renewal of any subsequent Interest Period thereof, in the case of a Eurodollar Borrowingeach case, or (b) 11:00 a.m.respectively, New York City time, on the Business Day prior to the requested Borrowing Date, in the case of an ABR Borrowing. The Borrowing Request from the Borrower for each Borrowing shall specify specifying (i) whether the requested Revolving Loan(s) comprising such Borrowing is are to be a Revolving Credit Borrowing LIBOR Loan(s) or a Term B-1 BorrowingPrime Loan(s), (ii) the amount to requested Borrowing Date of such Borrowing, which shall be borroweda Business Day in the case of each Prime Loan and a LIBOR Business Day in the case of each LIBOR Loan, (iii) the aggregate amount of such requested Borrowing Date Borrowing, and (which must be the Amendment Effective Date, iv) in the case of a Term B-1 Borrowing), (iv) whether the Borrowing is to be of Eurodollar Loans each new or ABR Loans, (v) if the Borrowing is to be of Eurodollar Loansrenewed LIBOR Loan, the length duration of the initial or subsequent Interest Period thereforapplicable thereto, which duration shall be in accordance with the provisions of Section 2.8(d) hereof. If such Borrowing is a new or renewed LIBOR Loan having an applicable LIBOR Rate which was quoted to the Borrowers by the Lender, such Notice of Borrowing shall include a request by the Borrowers that such quoted rate shall be the effective rate with respect to such Borrowing, and (vi) the location and number Lender agrees that such quoted rate shall be the effective rate provided that the Notice of Borrowing with respect thereto is received within the Borrower’s account to time period during which funds are to be disbursed, which shall comply with the requirements of this Agreement. If no election as such quoted rate was available to the Type Borrowers hereunder. Each Notice of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified delivered to the Lender together with respect to any requested Eurodollar Borrowinga Borrowing Base Certificate, then appropriately completed and executed by CheckFree as of the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Notwithstanding the foregoing, all Borrowings on the Original Effective Date shall be ABR Loansdate thereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Checkfree Corp \Ga\)

Procedure for Borrowing. (a) The Borrower may borrow under Each Borrowing of Loans consisting only of Base Rate Loans shall be made upon the Revolving Credit Commitments (subject Co-Borrowers’ irrevocable written notice delivered to the limitations in Section 2.01(a)) and the Borrower may borrow the Term B-1 Commitments by giving the Administrative Agent notice substantially in the form of Exhibit B (a “Borrowing Request”)Notice of Borrowing, which notice must be received by the Administrative Agent prior to 1:00 p.m. (a) 11:00 a.m., New York City time, ) on the Borrowing Date specifying the amount of the Borrowing. Each Borrowing of Loans that includes any Eurodollar Rate Loans (other than Daily Eurodollar Rate Loans) shall be made upon the Co-Borrowers’ irrevocable written notice delivered to the Agent in the form of a Notice of Borrowing (which notice must be received by Agent prior to 1:00 p.m. (New York City time) three (3) Business Days prior to the requested Borrowing Date), specifying the amount of the Borrowing. Each Borrowing of Loans consisting only of Daily Eurodollar Rate Loans shall be made upon the Co-Borrowers’ irrevocable written notice delivered to the Agent in the form of a Notice of Borrowing, which notice must be received by Agent prior to 12:00 p.m. (New York City time) on the Borrowing Date specifying the amount of the Borrowing Each such Notice of Borrowing shall be submitted by HoldCo by electronic transfer or facsimile, confirmed immediately in an original writing and shall specify (i) the Type of Loan requested, (ii) the aggregate amount of the requested Loan, (iii) the date of such Borrowing, which shall be a Business Day, (iv) whether such Borrowing is to be a Base Rate Loan or a Eurodollar Rate Loan, (v) in the case of a Eurodollar Borrowing, or Rate Loan (b) 11:00 a.m., New York City time, on the Business Day prior to the requested Borrowing Date, in the case of an ABR Borrowing. The Borrowing Request from the Borrower for each Borrowing shall specify (i) whether the requested Borrowing is to be a Revolving Credit Borrowing or a Term B-1 Borrowing, (ii) the amount to be borrowed, (iii) the requested Borrowing Date (which must be the Amendment Effective Date, in the case of a Term B-1 Borrowingincluding Daily Eurodollar Rate Loans), (iv) whether the Borrowing is to be of Eurodollar Loans or ABR Loans, (v) if the Borrowing is to be of Eurodollar Loans, the length of the initial Interest Period thereforto be applicable thereto (including specifying the duration of such Interest Period and the last day of such Interest Period), and which shall be a period contemplated by the definition of “Interest Period”, (vi) the location and number of the a Co-Borrower’s account to which funds are to be disbursedor Co-Borrowers’ account, which shall comply with and (vii) the requirements of this AgreementCo-Borrower(s) for whom such Loan is requested. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowinga Base Rate Loan. If no Interest Period is specified with respect to any requested Eurodollar BorrowingRate Loan (other than Daily Eurodollar Rate Loans), then the Borrower Co-Borrowers shall be deemed to have selected an Interest Period of 44 one month’s duration. If no Interest Period is specified with respect to any requested Daily Eurodollar Rate Loan, then the Co-Borrowers shall be deemed to have selected an Interest Period of one monthweek’s duration. Notwithstanding Each requested Eurodollar Rate Loan must, (x) in the foregoingcase of Working Capital Loans, all Borrowings on be in a principal amount of at least $2,000,000 and any multiple of $1,000,000 in excess thereof and (y) in the Original Effective Date shall case of Bridge Loans, be ABR Loansin a principal amount of at least $1,000,000 and any multiple of $100,000 in excess thereof.

Appears in 1 contract

Samples: Credit Agreement (Spark Energy, Inc.)

Procedure for Borrowing. (ai) The Borrower Each of the applicable Borrowers may borrow under the Revolving Credit applicable Commitments on any Business Day during the period from the Closing Date until the Termination Date; provided that the Borrowers’ Agent shall give the Agent irrevocable (subject in the case of any notice except notice with respect to the limitations initial extension of Revolving Loans hereunder) notice in Section 2.01(a)) and the Borrower may borrow the Term B-1 Commitments by giving the Administrative Agent notice substantially in the form of Exhibit B or in such other form as may be agreed between the Borrowers’ Agent and the Agent (each, a “Borrowing RequestNotice of Borrowing), ) (which notice request must be received by the Administrative Agent prior to (ax) 11:00 a.m.12:00 noon, New York City time, at least two Business Days prior to the requested Funding Date, if all or any part of the requested Revolving Loans are to be initially LIBOR Loans denominated in Dollars made to a U.S. Borrower, (y) 12:00 noon, New York City time, at least three Business Days prior to the requested Borrowing Funding Date, if all or any part of the requested Revolving Loans are to be initially LIBOR Loans denominated in the case of Dollars made to any Borrower other than a Eurodollar BorrowingU.S. Borrower, LIBOR Loans denominated in any Alternative Currency or BA Equivalent Loans or (bz) 11:00 a.m.12:00 noon, New York City time, on the requested Funding Date, for Base Rate Loans or Canadian Prime Rate Loans (or in the case of the initial Borrowing hereunder, in each case, 10:00 a.m., New York City time, one Business Day prior to the requested Borrowing Datedate of the initial borrowing hereunder)) specifying (A) the identity of the Borrower, in (B) the case currency of an ABR Borrowing. The Borrowing Request from the Borrower for each Borrowing shall specify (i) whether the requested Borrowing is to be a Revolving Credit Borrowing or a Term B-1 Borrowing, (ii) and the amount to be borrowed, (iiiC) the requested Borrowing Date (which must be the Amendment Effective Funding Date, in the case of a Term B-1 Borrowing), (ivD) whether the Borrowing is to be of Eurodollar LIBOR Loans, BA Equivalent Loans, Base Rate Loans or ABR Canadian Prime Rate Loans (as applicable) or a combination thereof (and if not so specified, it shall be deemed a request for Base Rate Loans (in the case of U.S. Revolving Loans, ROW Revolving Loans denominated in Dollars or Canadian Revolving Loans denominated in Dollars), LIBOR Loans with an Interest Period of one month (vin the case of ROW Revolving Loans denominated in an Alternative Currency) or Canadian Prime Rate Loans (in the case of Canadian Revolving Loans denominated in Canadian Dollars)), and (E) if the Borrowing is to be entirely or partly of Eurodollar LIBOR Loans or BA Equivalent Loans, the length respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor, Periods or BA Equivalent Interest Periods therefor (and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of this Agreement. If no election as to the Type of Borrowing is if not so specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower it shall be deemed to have selected an Interest Period a request for a period of one month’s duration). Notwithstanding Each Borrowing, except any Base Rate Loan or Canadian Prime Rate Loan to be used solely to pay a like amount of outstanding reimbursement obligations in respect of Letters of Credit or Swingline Loans, shall be in an amount equal to an integral multiple of the foregoingapplicable Borrowing Multiple and not less than the applicable Borrowing Minimum. Upon receipt of any such notice from the Borrowers’ Agent, all Borrowings the Agent shall promptly notify each Revolving Credit Lender thereof. Subject to the satisfaction of the conditions precedent specified in Section 9.2 and except as otherwise set forth in Section 2.10, each Revolving Credit Lender will make the amount of its Pro Rata Share (or, in the case of Bank of America (for so long as it shall be a Revolving Credit Lender), in the case of any Borrowing of Canadian Revolving Loans or ROW Revolving Loans, as applicable, its Pro Rata Share plus an amount equal to the sum of the Pro Rata Share of each Participating Canadian Lender or Participating ROW Lender, as applicable, provided that, so long as any Participating Canadian Lender or Participating ROW Lender is a Defaulting Lender, Bank of America shall not be required to fund or otherwise make available the Pro Rata Share of such Participating Canadian Lender or Participating ROW Lender) of each Borrowing of Revolving Loans available to the Agent for the account of the Borrower(s) identified in such notice to the account or accounts from time to time designated by the Agent prior to 3:00 p.m., New York City time (or 10:00 a.m., New York City time, in the case of the initial borrowing hereunder), or at such other time as to which the Agent shall notify the Borrowers’ Agent reasonably in advance of the Funding Date with respect thereto, on the Original Effective Funding Date shall requested by such Borrower(s) in Dollars, Euros, Sterling, Canadian Dollars or any other Alternative Currency, as applicable, and in funds immediately available to the Agent. Such Borrowing will then be ABR Loansmade available to the relevant Borrower by the Agent, crediting the account of such Borrower designated by the Borrowers’ Agent in writing, with the aggregate of the amounts made available to the Agent by the Revolving Credit Lenders and in like funds as received by the Agent.

Appears in 1 contract

Samples: Lease Agreement (United Rentals North America Inc)

Procedure for Borrowing. (a) The Borrower may shall borrow under the Revolving Credit Commitments (subject to Initial Loans on the limitations Effective Date, and shall borrow the Incremental Loans, if any, on the Incremental Commitment Effective Date, which in Section 2.01(a)) and each case shall be a Business Day; provided that the Borrower may borrow the Term B-1 Commitments by giving shall notify the Administrative Agent notice by hand delivery (including overnight courier), facsimile or e-mail electronic transmission to the Administrative Agent of a written Borrowing Request, substantially in the form of Exhibit B A attached hereto or such other form as may be approved by the Administrative Agent, signed by the Borrower (a the “Borrowing Request”), which notice must be received by the Administrative Agent prior to (a) not later than 11:00 a.m., New York City time, time (a) three Business Days prior to the requested Borrowing Effective Date or the Incremental Commitment Effective Date, as applicable, in the case of a Eurodollar BorrowingLoans, or and (b) 11:00 a.m., New York City time, on the Business Day prior to Effective Date or the requested Borrowing Incremental Commitment Effective Date, as applicable, in the case of an ABR BorrowingAlternate Base Rate Loans. The Such written Borrowing Request from the Borrower for each Borrowing shall specify (i) whether the requested Borrowing is to be a Revolving Credit Borrowing or a Term B-1 Borrowing, (ii) the amount to be borrowed, (iiiii) the requested Borrowing Effective Date (which must be or the Amendment Incremental Commitment Effective Date, in the case of a Term B-1 Borrowing)as applicable, (iviii) whether the Borrowing is to be consist of Eurodollar Loans or ABR Loans, Alternate Base Rate Loans, or a combination thereof (vin each case stating the amounts requested), (iv) if in the Borrowing is to be case of Eurodollar Loans, the length of the initial Interest Period Period(s) therefor, and (viv) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of this AgreementSection 2.12. If no election as to the Type of Borrowing is specified, then the requested Each Borrowing shall be in an ABR Borrowingamount specified in the Borrowing Request not to exceed the aggregate amount of the Initial Commitments or the Incremental Commitments, as applicable. If no Interest Period is specified Upon receipt of such notice, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each Borrowing in accordance with respect its Initial Commitment and/or Incremental Commitment, if any, as applicable, available to any requested Eurodollar Borrowing, then the Administrative Agent for the account of the Borrower shall in accordance with Section 2.12. The proceeds of each such Borrowing of Loans will be deemed made available to have selected an Interest Period of one month’s duration. Notwithstanding the foregoing, all Borrowings on Borrower by the Original Effective Date shall be ABR LoansAdministrative Agent in accordance with Section 2.12.

Appears in 1 contract

Samples: Term Loan Agreement (Questar Corp)

Procedure for Borrowing. (a) The Borrower may borrow under the Revolving Credit Commitments (subject during the Commitment Period on any Business Day that an Advance may be requested pursuant to the limitations in terms of Section 2.01(a)) and 5.2 of the Participation Agreement, provided, that the Borrower may borrow shall give the Term B-1 Commitments by giving the Administrative Agent irrevocable notice substantially in the form of Exhibit B (a “Borrowing Request”), which notice must be received by the Administrative Agent prior to 12:00 Noon, Austin, Texas time at least three (a3) 11:00 a.m., New York City time, three Business Days prior to the requested Borrowing DateDate specifying (i) the amount to be borrowed (which on any date shall not be in excess of the then Available Commitments), in the case of a Eurodollar Borrowing, or (bii) 11:00 a.m., New York City time, on the Business Day prior to the requested Borrowing Date, in the case of an ABR Borrowing. The Borrowing Request from the Borrower for each Borrowing shall specify (iiii) whether the requested Borrowing is to be a Revolving Credit Borrowing or a Term B-1 Borrowing, (ii) the amount to be borrowed, (iii) the requested Borrowing Date (which must be the Amendment Effective Date, in the case of a Term B-1 Borrowing), (iv) whether the Borrowing is to be of Eurodollar Loans or ABR Loans, (v) if the Borrowing borrowing is to be of Eurodollar Loans, ABR Loans or a combination thereof, (iv) if the length borrowing is to be a combination of Eurodollar Loans and ABR Loans, the respective amounts of each Type of Loan and (v) the Interest Period applicable to each Eurodollar Loan. Pursuant to the terms of the initial Interest Period thereforParticipation Agreement, and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of this Agreement. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period delivered such notice upon the delivery of one month’s durationa notice by the Construction Agent or the Lessee containing such required information. Notwithstanding Upon receipt of any such notice from the foregoingBorrower, all Borrowings the Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available to the Agent for the account of the Borrower at the office of the Agent specified in Section 9.2 prior to 12:00 Noon, Austin, Texas time, on the Original Effective Borrowing Date shall requested by the Borrower in funds immediately available to the Agent. Such borrowing will then be ABR Loansmade available to the Borrower by the Agent crediting an account designated, subject to Section 9.1 of the Participation Agreement, by the Borrower on the books of such office with the aggregate of the amounts made available to the Agent by the Lenders and in like funds as received by the Agent or in reliance on Section 2.10(b) hereof. No amount of any Loan which is repaid or prepaid by the Borrower may be reborrowed hereunder, except as set forth in Section 5.2(d) of the Participation Agreement.

Appears in 1 contract

Samples: Lease Agreement (Lexicon Genetics Inc/Tx)

Procedure for Borrowing. (a) The Company and any Subsidiary Borrower may borrow under the Revolving Credit Commitments (subject to during the limitations in Section 2.01(a)) and Commitment Period on any Business Day, provided, that, the Company or the relevant Subsidiary Borrower may borrow the Term B-1 Commitments by giving shall give the Administrative Agent a written Borrowing Request (or telephonic notice substantially in the form of Exhibit B (promptly confirmed with a written Borrowing Request”), which notice must be received by the Administrative Agent ) prior to (a) 11:00 a.m.in the case of Eurocurrency Loans (i) in the case of requests made by the Company or any Subsidiary Borrower other than GMGTC, 1:00 P.M., New York City time, three Business Days prior to the requested Borrowing Date, Date or (ii) in the case of a Eurodollar Borrowingrequests made by GMGTC, 1:00 P.M., London time, three Business Days prior to the requested Borrowing Date or (b) 11:00 a.m.in the case of ABR Loans, 1:00 P.M., New York City time, on the Business Day prior to date of the requested Borrowing Dateproposed borrowing, in the case of an ABR Borrowing. The Borrowing Request from the Borrower for each Borrowing shall specify specifying (i) whether the requested Borrowing is amount and Type of Loans to be a Revolving Credit Borrowing or a Term B-1 Borrowingborrowed, (ii) the amount to be borrowed, requested Borrowing Date and (iii) the requested Borrowing Date (which must be the Amendment Effective Date, in the case of a Term B-1 Borrowing), (iv) whether the Borrowing is to be of Eurodollar Loans or ABR Loans, (v) if the Borrowing is to be of Eurodollar Eurocurrency Loans, the length respective lengths of the initial Interest Period Period(s) therefor; provided further, and (vi) that, any such Borrowing Request submitted by a Subsidiary Borrower shall include the location and number written consent of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of this AgreementCompany. If no election as to the Type of Borrowing a Loan is specifiedspecified in any such notice, then the requested Borrowing borrowing shall be an ABR BorrowingLoan. If no Interest Period is specified with respect to a Eurocurrency Loan is specified in any requested Eurodollar Borrowingsuch notice, then the Company or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s duration. Notwithstanding Each borrowing under the foregoingCommitments shall be in an amount equal to $25 million (or, all Borrowings if the Total Available Commitments at such time are less than $25 million, such lesser amount) or a whole multiple of $5 million in excess thereof. Upon receipt of any such notice from the Company or the relevant Subsidiary Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make (or cause its Applicable Lending Office to make) the amount of its pro rata share of each such borrowing available to the Administrative Agent for the account of the Company or the relevant Subsidiary Borrower at the Funding Office prior to 1:00 P.M. (or, in the case of an ABR Loan requested on the Original Effective proposed Borrowing Date, 3:00 P.M.), New York City time, on the Borrowing Date shall requested (or deemed requested) by the Company or the relevant Subsidiary Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be ABR Loansmade available to the Company or the relevant Subsidiary Borrower by the Administrative Agent crediting the account of the Company or the relevant Subsidiary Borrower on the books of such office or such other account as the Company or the relevant Subsidiary Borrower may specify to the Administrative Agent with the aggregate of the amounts made available to the Administrative Agent by the Lenders and in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Joinder Agreement (General Motors Co)

Procedure for Borrowing. (a) The applicable Borrower may borrow under the applicable Revolving Credit Commitments (in each case, subject to the limitations in Section 2.01(a)2.01) and the Borrower may borrow or the Term B-1 Commitments by giving the Administrative Agent notice substantially in the form of Exhibit B hereto (a "Borrowing Request") to the Applicable Agent (with a copy thereof to be promptly provided to the Administrative Agent or the European Agent, as the case may be), which notice must be received by the Administrative Applicable Agent prior to (a) 11:00 a.m.12:00 p.m., London time, three Business Days prior to the requested Borrowing Date in the case of a European Revolving Loan, or (b) 12:00 p.m., New York City timetime (i) one Business Day prior to the requested Borrowing Date, in the case of an ABR Borrowing or (ii) three Business Days prior to the requested Borrowing Date, in the case of a Eurodollar Borrowing, or (b) 11:00 a.m., New York City time, on the Business Day prior to the requested Borrowing Date, in the case of an ABR BorrowingEurocurrency Rate Loan. The Borrowing Request from the Borrower for each Borrowing shall specify (i) the identity of the Borrower and whether the requested Borrowing is to be a U.S. Revolving Credit Borrowing, a European Revolving Borrowing or a Term B-1 Borrowing, (ii) the amount to be borrowed, (iii) the requested Borrowing Date (which must be the Amendment Effective Closing Date, in the case of a Term B-1 Borrowing), (iv) whether the Borrowing is to be of Eurodollar Eurocurrency Rate Loans or ABR Loans, (v) if the Borrowing is to be of Eurodollar Eurocurrency Rate Loans, the length of the initial Interest Period therefor, (vi) the applicable currency of the Borrowing and (vivii) the location and number of the relevant Borrower’s 's account to which funds are to be disbursed, which shall comply with the requirements of this Agreement. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR BorrowingBorrowing (if the Borrowing is denominated in Dollars) or a Eurocurrency Rate Borrowing (if otherwise). If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Rate Borrowing, then the Borrower thereunder shall be deemed to have selected an Interest Period of one month’s 's duration. Notwithstanding the foregoing, all Borrowings on the Original Effective Date shall be ABR Loans.

Appears in 1 contract

Samples: Credit Agreement (Samsonite Corp/Fl)

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Procedure for Borrowing. (a) The Subject to the terms and conditions hereof, any Borrower or Borrowers may borrow under the Revolving Credit Commitments (subject to during the limitations Commitment Period on any Business Day, PROVIDED, except as set forth in Section 2.01(a2.2(b)) and the , that such Borrower may borrow the Term B-1 Commitments by giving or Borrowers shall give the Administrative Agent irrevocable notice substantially in the form of Exhibit B (a “Borrowing Request”), which notice must be received by the Administrative Agent prior to (a) 11:00 a.m.12:00 Noon, New York City time, three Business Days prior to the requested Borrowing Date, specifying (i) the amount to be borrowed and (ii) the requested Borrowing Date. If any Drawdown Certificate requests that a borrowing be made on the Borrowing Date specified therein to finance amounts then due under invoices submitted to any Borrower by the Vendor pursuant to the Supply Contract, such Drawdown Certificate shall identify such invoices and the amounts being paid thereunder pursuant to such Borrowing. Upon receipt of any such Drawdown Certificate from the relevant Borrower(s), the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account(s) of the relevant Borrower(s) at the office of the Administrative Agent specified in the case of a Eurodollar Borrowing, or (b) 11:00 a.m.Section 11.2 prior to 12:00 Noon, New York City time, on the Business Day Borrowing Date requested by the Borrower(s) in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower(s) by the Administrative Agent (x) with respect to amounts to be used to pay invoices pursuant to the Supply Contract, by crediting the account of the Vendor designated in its borrowing notice prior to 1:00 P.M., New York City time, on such Borrowing Date with the requested lesser of the (1) aggregate of the amounts made available to the Administrative Agent by the Lenders and (2) the aggregate amount of such invoices and (y) with respect to proceeds to be used for any other permitted use, by crediting the account(s) of the relevant Borrower(s) designated in the Drawdown Certificate prior to 1:00 P.M., New York time, on such Borrowing Date; PROVIDED, in the case of an ABR Borrowing. The Borrowing Request from the Borrower for each Borrowing shall specify (i) whether the requested Borrowing HOWEVER, if Lucent or any Affiliate thereof is to be a Revolving Credit Borrowing or a Term B-1 Borrowing, (ii) the amount to be borrowed, (iii) the requested Borrowing Date (which must be the Amendment Effective Date, in the case of a Term B-1 Borrowing), (iv) whether the Borrowing is to be of Eurodollar Lender and Loans or ABR Loans, (v) if the Borrowing is to be of Eurodollar Loans, the length of the initial Interest Period therefor, and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of this Agreement. If no election as used to pay invoices pursuant to the Type of Borrowing is specifiedSupply Contract, then such Lender may make its Loan or Loans by crediting the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then amount thereof against the Borrower account of the Vendor and such Lender shall be deemed to have selected an Interest Period made a Loan in the amount of one such credit. The Borrowers may borrow no more than once in any month’s duration. Notwithstanding the foregoing, all Borrowings on the Original Effective Date shall be ABR Loans.

Appears in 1 contract

Samples: Credit Agreement (Telscape International Inc)

Procedure for Borrowing. (a) The Borrower may borrow under the Revolving Credit Commitments (in each case subject to the limitations in Section 2.01(a2.01 (a)) and on the Effective Date by Borrower may borrow the Term B-1 Commitments by giving the Administrative Agent notice substantially in the form of Exhibit B (each, a “Borrowing Request”), which notice must be received by the Administrative Agent prior to (a) 11:00 a.m., New York City time, three on the third, Business Days Day prior to the requested Borrowing DateBorrowing, in the case of a Eurodollar Borrowing, or (b) 11:00 a.m.12:00 noon, New York City time, on the Effective Date, in the case of an ABR Borrowing on the Effective Date, or 12:00 noon, New York City time, on the Business Day prior to the requested Borrowing Date, in the case of an ABR Borrowingon any other date. The Each Borrowing Request from the Borrower for each Borrowing shall specify (i) whether the requested Borrowing is to be a Revolving Credit Borrowing or a Term B-1 Borrowing, (ii) the amount to be borrowed, (iiiii) the requested Borrowing Date date (which must be a Business Day and which must be the Amendment Effective Date, in the case of a Term B-1 Borrowing), (iviii) whether the Borrowing is to be of Eurodollar Loans or ABR Loans, (viv) if the Borrowing is to be of Eurodollar Loans, the length of the initial Interest Period therefor, and (viv) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of this Agreement. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Notwithstanding the foregoing, all Borrowings on the Original Effective Date shall be ABR Loans.

Appears in 1 contract

Samples: Senior Subordinated Credit Agreement (Lifepoint Hospitals, Inc.)

Procedure for Borrowing. (a) The Borrower may borrow under the Revolving Credit Commitments (subject to the limitations in Section 2.01(a)) and the Borrower may borrow or the Term B-1 B Commitments by giving the Administrative Agent notice substantially in the form of Exhibit B (a “Borrowing Request”), which notice must be received by the Administrative Agent prior to (a) 11:00 a.m., New York City London time, three Business Days prior to the requested Borrowing Date, in the case of a Eurodollar Eurocurrency Borrowing, or (b) 11:00 10:00 a.m., New York City time, on the Business Day prior to the requested Borrowing Date, in the case of an ABR Borrowing. The Borrowing Request from the Borrower for each Borrowing shall specify (i) whether the requested Borrowing is to be a Revolving Credit Borrowing or a Term B-1 B Borrowing, (ii) the amount to be borrowed, (iii) the requested Borrowing Date (which must be the Amendment Effective Date, in the case of a Term B-1 B Borrowing), (iv) whether the Borrowing is to be of Eurodollar Eurocurrency Loans or ABR Loans, (v) if the Borrowing is to be of Eurodollar Eurocurrency Loans, the length of the initial Interest Period therefor, and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of this Agreement. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Notwithstanding the foregoing, all Borrowings on the Original Effective Date shall be ABR Loans.

Appears in 1 contract

Samples: Credit Agreement (Constar International Inc)

Procedure for Borrowing. (a) The Each Borrowing of Revolver Advances shall be made by a written request by an Authorized Person of the applicable Borrower may borrow under the Revolving Credit Commitments (subject delivered to the limitations in Section 2.01(a)) and the Borrower may borrow the Term B-1 Commitments by giving the Administrative Agent notice substantially in the form of Exhibit B (a “Borrowing Request”), which Agent. Such notice must be received by Agent (1) in the Administrative Agent case of Borrowings of Base Rate Loans by the US Borrower, no later than 12:00 noon (New York time) on the Business Day that is the requested Funding Date, (2) in the case of Borrowings of Base Rate Loans by the Foreign Borrower, no later than 12:00 noon (New York time) at least 1 Business Day prior to the requested Funding Date, (a3) 11:00 a.m.in the case of Borrowings of LIBOR Rate Loans denominated in Dollars, no later than 12:00 noon (New York City time, three ) at least 3 Business Days prior to the requested Borrowing Date, Funding Date or (4) in the case of a Eurodollar Borrowings of LIBOR Rate Loans denominated in Euros, no later than 12:00 noon (London time) at least 3 Business Days prior to the requested Funding Date, specifying (i) the amount of such Borrowing, (ii) the requested Funding Date, which shall be a Business Day, (iii) the applicable Borrower, (iv) [reserved], (v) if such Borrowing is to be denominated in Dollars, whether such Borrowing shall be a LIBOR Rate Loan or a Base Rate Loan, (bvi) 11:00 a.m.if such Borrowing is a LIBOR Rate Loan, the duration of the Interest Period applicable thereto, (vii) whether such Borrowing is to be a Dollar Revolver Borrowing or a Multicurrency Revolver Borrowing and (viii) in the case of any Multicurrency Revolver Borrowing, whether such Borrowing is to be made in Dollars or Euros; provided that, notwithstanding anything to the contrary herein, unless otherwise agreed from time to time by the Agent in its sole discretion, no Revolver Advances shall be made to the Foreign Borrower prior to the date on which the Final Financing Order shall have been entered by the Bankruptcy Court. Notwithstanding the foregoing, with respect to any Advances to be made on the Closing Date, the Borrowers shall be required to provide such notice no later than 4:00 p.m. (New York City time) at least 1 Business Day prior to the Closing Date (or such shorter notice period as may be agreed to by the Agent). At Agent’s election, on in lieu of delivering the above-described written request with respect to Advances to be made to the US Borrower, any Authorized Person may give Agent telephonic notice of such request by the required time. In such circumstances, each Borrower agrees 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. The Borrowing of any LIBOR Rate Loan shall be subject to the provisions of Section 2.12. Each Borrowing of a Term Advance shall be made by delivery to the Agent, with a copy to each of the Required Term Lenders’ Advisors, in each case by e-mail or facsimile, of a written request executed by a Responsible Officer of the US Borrower. Such written request must be received by the Agent and such Required Term Lenders’ Advisors not later than 12:00 noon (New York time) at least 1 Business Day prior to the requested Borrowing DateFunding Date (or such later time agreed to by the Agent), in the case of an ABR Borrowing. The Borrowing Request from the Borrower for each Borrowing shall specify specifying (i) whether the requested amount of such Borrowing is to be a Revolving Credit Borrowing or a Term B-1 Borrowing, and (ii) the amount to be borrowed, (iii) the requested Borrowing Date (which must be the Amendment Effective Funding Date, in the case of a Term B-1 Borrowing), (iv) whether the Borrowing is to be of Eurodollar Loans or ABR Loans, (v) if the Borrowing is to be of Eurodollar Loans, the length of the initial Interest Period therefor, and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of this Agreement. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Notwithstanding the foregoing, all Borrowings on the Original Effective Date shall be ABR Loansa Business Day.

Appears in 1 contract

Samples: Assignment and Acceptance Agreement (Exide Technologies)

Procedure for Borrowing. (ai) The Borrower may borrow under the Revolving Credit Commitments (subject Each US Borrowing shall be made by an irrevocable written request by an Authorized Person delivered to the limitations in Section 2.01(a)) and the Borrower may borrow the Term B-1 Commitments by giving the Administrative Agent notice substantially specifying (i) the amount of such US Borrowing, (ii) the currency in which such US Borrowing will be made and (iii) the form of Exhibit B (requested Funding Date, which shall be a Business Day. Unless US Swing Lender is not obligated to make a US Swing Loan pursuant to Section 2.3(b) below or Administrative Borrower elects such US Borrowing Request”to be an Offshore Currency Rate Loan or other LIBOR Rate Loan pursuant to Section 2.13(b), which such notice must be received by the Administrative Agent prior to no later than 10:00 a.m. (aCalifornia time) 11:00 a.m., New York City time, three on the Business Days prior to Day that is the requested Funding Date; provided, however, that if (x) US Swing Lender is not obligated to make a US Swing Loan as to a requested US Borrowing Dateand Administrative Borrower has not elected such US Borrowing be an Offshore Currency Rate Loan or other LIBOR Rate Loan, in the case of a Eurodollar Borrowing, or such notice must be received by Administrative Agent no later than 10:00 a.m. (bCalifornia time) 11:00 a.m., New York City time, on the Business Day prior to the date that is the requested Borrowing Funding Date, (y) Administrative Borrower requests that such US Borrowing be a LIBOR Rate Loan denominated in the case of an ABR Borrowing. The Borrowing Request from the Borrower for each Borrowing shall specify Dollars, such notice must be received by Administrative Agent no later than 11:00 a.m. (iCalifornia time) whether at least 3 Business Days prior to the requested Funding Date, or (z) Administrative Borrower requests that such US Borrowing be an Offshore Currency Rate Loan, such notice must be received by Administrative Agent no later than 10:00 a.m. (California time) 3 Business Days prior to the date that is to be a Revolving Credit Borrowing or a Term B-1 Borrowing, (ii) the amount to be borrowed, (iii) the requested Borrowing Date (which must be the Amendment Effective Funding Date, in the case of a Term B-1 Borrowing), (iv) whether the Borrowing is to be of Eurodollar Loans or ABR Loans, (v) if the Borrowing is to be of Eurodollar Loans, the length of the initial Interest Period therefor, and (vi) the location and number of the Borrower. At Administrative Agent’s account to which funds are to be disbursed, which shall comply with the requirements of this Agreement. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to US Borrowings denominated in Dollars, in lieu of delivering the above-described written request, any requested Eurodollar BorrowingAuthorized Person may give Administrative Agent telephonic notice of such request by the required time. In such circumstances, then US Borrowers agree that any such telephonic notice will be confirmed in writing within 24 hours of the Borrower giving of such telephonic notice, but the failure to provide such written confirmation shall be deemed to have selected an Interest Period not affect the validity of one month’s duration. Notwithstanding the foregoing, all Borrowings on the Original Effective Date shall be ABR Loansrequest.

Appears in 1 contract

Samples: Credit Agreement (Sitel Corp)

Procedure for Borrowing. (a) The Borrower may borrow under the Revolving Credit Commitments (subject to the limitations in Section 2.01(a)) and the Borrower may borrow or the Term B-1 Commitments by giving the Administrative Agent notice substantially in the form of Exhibit B (a “Borrowing Request”), which notice must be received by the Administrative Agent prior to (a) 11:00 a.m., New York City London time, three Business Days prior to the requested Borrowing Date, in the case of a Eurodollar Eurocurrency Borrowing, or (b) 11:00 10:00 a.m., New York City time, on the Business Day prior to the requested Borrowing Date, in the case of an ABR Borrowing. The Borrowing Request from the Borrower for each Borrowing shall specify (i) whether the requested Borrowing is to be a Revolving Credit Borrowing, a Term B Borrowing or a Term B-1 C Borrowing, (ii) the amount to be borrowed, (iii) the requested Borrowing Date (which must be the Amendment Effective Date, in the case of a Term B-1 B Borrowing or the Second Lien Effective Date in the case of a Term C Borrowing), (iv) whether the Borrowing is to be of Eurodollar Eurocurrency Loans or ABR Loans, (v) if the Borrowing is to be of Eurodollar Eurocurrency Loans, the length of the initial Interest Period therefor, and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of this Agreement. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Notwithstanding the foregoing, all Borrowings on the Original Effective Date shall be ABR Loans.

Appears in 1 contract

Samples: Credit Agreement (Constar International Inc)

Procedure for Borrowing. (a) The Subject to the terms and conditions hereof, Borrower may borrow under the Revolving Credit Commitments (subject on any Business Day; provided that, with respect to the limitations in Section 2.01(a)) and the any borrowing, Borrower may borrow the Term B-1 Commitments by giving shall give the Administrative Agent (or, with respect to Swing Line Loans, the Swing Line Lender) irrevocable notice substantially in the form of Exhibit B Q (a “Borrowing Request”), which notice must be received by the Administrative Agent prior to 12:00 noon (aor, with respect to Swing Line Loans, 3:00 p.m.) 11:00 a.m., New York City time, (i) three Business Days prior to the requested Borrowing Date, in Date if all or any part of the case of a Loans are to be Eurodollar Borrowing, or Loans and (bii) 11:00 a.m., New York City time, on the one Business Day prior to the requested Borrowing DateDate (or, in the case of an ABR Borrowing. The Borrowing Request from Swing Line Loans and, if the Borrower for each Borrowing shall specify (i) whether Closing Date occurs on the date this Agreement is executed and delivered, Loans made on the Closing Date, on the requested Borrowing Date) if the borrowing is to be a Revolving Credit Borrowing or a Term B-1 Borrowing, solely of Alternate Base Rate Loans) and specifying (iia) the amount of the borrowing, (b) whether such Loans are initially to be borrowedEurodollar Loans or Alternate Base Rate Loans or a combination thereof, (iiic) if the requested Borrowing Date (which must be the Amendment Effective Date, in the case of a Term B-1 Borrowing), (iv) whether the Borrowing borrowing is to be of Eurodollar Loans entirely or ABR Loans, (v) if the Borrowing is to be of partly Eurodollar Loans, the length of the initial Interest Period therefor, for such Eurodollar Loans and (vid) whether the location and number Loan is a Term Loan, a Swing Line Loan or Revolving Credit Loan. Upon receipt of such notice the Administrative Agent shall promptly notify each affected Lender thereof. Not later than 12:00 noon on the Borrowing Date specified in such notice, each affected Lender shall make available to the Administrative Agent at the office of the Borrower’s account Administrative Agent specified in subsection 11.2 (or at such other location as the Administrative Agent may direct) an amount in immediately available funds equal to which funds are the amount of the Loan to be disbursedmade by such Lender (except that proceeds of Swing Line Loans will be made available to Borrower in accordance with subsection 3.4(a)). Loan proceeds received by the Administrative Agent hereunder shall promptly be made available to Borrower in immediately available funds to be delivered by wire transfer to the account(s) designated by Borrower in the applicable borrowing notice, which shall comply with the requirements of this Agreement. If no election aggregate amount actually received by the Administrative Agent from the Lenders and in like funds as to received by the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Notwithstanding the foregoing, all Borrowings on the Original Effective Date shall be ABR LoansAdministrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Atlantic Broadband Finance, LLC)

Procedure for Borrowing. (a) The Borrower may borrow under the Revolving Credit Commitments (subject Commitment during the Commitment Period on any Business Day by delivering to the limitations in Section 2.01(a)) and the Borrower may borrow the Term B-1 Commitments Lender a notice of borrowing, reasonably believed by giving the Administrative Agent notice Xxxxxx to be executed by an Authorized Person, substantially in the form of Exhibit B A (a “Borrowing RequestNotice of Borrowing)) specifying (i) the amount to be borrowed, which notice shall be $25,000 or more and in minimum increments of $5,000, unless Lender consents otherwise, (ii) the requested Borrowing Date, and (iii) whether the requested Loan is to be a SOFR Loan or a Base Rate Loan. To be effective, the Notice of Borrowing must be received by thirty-five (35) calendar days before the Administrative Agent prior requested Borrowing Date, provided that upon the request of Borrower, the Lender shall use its commercially reasonable efforts to provide the requested Loan earlier than such date (a) if the Notice of Borrowing is received prior to 11:00 a.m., New York City time, a.m. three Business Days prior to before the requested Borrowing Date, in the case of a Eurodollar Borrowingrequested Loan that is initially to be a SOFR Loan, or (b) 11:00 a.m., New York City time, on if the Business Day Notice of Borrowing is received prior to 12:00 p.m. on the requested Borrowing Date, in the case of an ABR Borrowing. The Borrowing Request from the Borrower for each Borrowing shall specify (i) whether the a requested Borrowing Loan that is initially to be a Revolving Credit Borrowing or a Term B-1 BorrowingBase Rate Loan. Lender shall, (ii) unless it determines that any applicable condition specified in Article IV has not been satisfied, make the amount of the requested Loan available to be borrowed, (iii) Borrower in immediately available funds before 3:00 p.m. on the requested Borrowing Date (which must by crediting the Cash Account. Lender shall be the Amendment Effective Datefully protected in acting in accordance with all Notices of Borrowing executed, or reasonably believed by Xxxxxx to have been executed, by an Authorized Person or in failing to act in the case of a Term B-1 Borrowing), (iv) whether the Borrowing is to be of Eurodollar Loans or ABR Loans, (v) if the Borrowing is to be of Eurodollar Loans, the length of the initial Interest Period thereforabsence thereof, and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of this Agreement. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowingfully protected and absolved from any liability arising therefrom. If no Interest Period is specified with respect For the avoidance of doubt, each Base Rate Loan shall remain outstanding until the earlier to any requested Eurodollar Borrowing, then the Borrower shall be deemed occur of (x) repayment pursuant to have selected an Interest Period of one month’s duration. Notwithstanding the foregoing, all Borrowings on the Original Effective Date shall be ABR LoansSection 2.05(b) or (y) conversion pursuant to Section 2.03.

Appears in 1 contract

Samples: Credit Agreement (USQ Core Real Estate Fund)

Procedure for Borrowing. (a) The Borrower may borrow under the Revolving Credit Commitments (subject to the limitations in Section 2.01(a)) and the Borrower may borrow or the Term B-1 B Commitments by giving the Administrative Agent notice substantially in the form of Exhibit B (a "Borrowing Request"), which notice must be received by the Administrative Agent prior to (a) 11:00 a.m., New York City time, three Business Days prior to the requested Borrowing Date, in the case of a Eurodollar Eurocurrency Borrowing, or (b) 11:00 a.m., New York City time, on the Business Day prior to the requested Borrowing Date, in the case of an ABR Borrowing. The Borrowing Request from the Borrower for each Borrowing shall specify (i) whether the requested Borrowing is to be a Revolving Credit Borrowing, a Term B Borrowing or a Term B-1 Foreign Currency Borrowing, (ii) the amount to be borrowedborrowed in the currency of such Borrowing, (iii) the requested Borrowing Date (which must be the Amendment Effective Date, in the case of a Term B-1 B Borrowing), (iv) whether the Borrowing is to be of Eurodollar Eurocurrency Loans or ABR Loans, (v) if the Borrowing is to be of Eurodollar Eurocurrency Loans, the length of the initial Interest Period therefor, and (vi) the location and number of the Borrower’s 's account to which funds are to be disbursed, which shall comply with the requirements of this Agreement. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Notwithstanding the foregoing, all Borrowings on the Original Effective Date shall be ABR Loans.

Appears in 1 contract

Samples: Credit Agreement (Quintiles Transnational Corp)

Procedure for Borrowing. (a) The Borrower may borrow under Each Borrowing shall be made upon the Revolving Credit Commitments Company's irrevocable written (subject or irrevocable notice via telephone confirmed immediately by a facsimile provided such notice is confirmed with an original written notice sent by mail or courier) notice delivered to the limitations in Section 2.01(a)) and the Borrower may borrow the Term B-1 Commitments by giving the Administrative Agent notice substantially in the form of Exhibit B a Notice of Borrowing (a “Borrowing Request”), which notice must be received by the Administrative Agent prior to 9:00 a.m. (aSan Francisco time) 11:00 a.m., New York City time, (i) three Business Days prior to the requested Borrowing Date, in the case of a Eurodollar Borrowing, or Offshore Rate Loans; and (bii) 11:00 a.m., New York City time, on the Business Day prior to that is the requested Borrowing Date, in the case of Base Rate Loans, specifying: the amount of the Borrowing, which shall be in an ABR Borrowing. The Borrowing Request from the Borrower for each Borrowing shall specify (i) whether aggregate minimum amount of $1,000,000 or any multiple of $100,000 in excess thereof; the requested Borrowing is to be a Revolving Credit Borrowing or a Term B-1 Borrowing, (ii) the amount to be borrowed, (iii) the requested Borrowing Date (which must be the Amendment Effective Date, in the case of a Term B-1 Borrowing), (iv) whether the Borrowing is to be of Eurodollar Loans or ABR Loans, (v) if the Borrowing is to be of Eurodollar Loans, the length of the initial Interest Period therefor, and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of this Agreement. If no election as to be a Business Day; the Type of Loans comprising the Borrowing; and the duration of the Interest Period applicable to such Loans included in such notice. If the Notice of Borrowing is specifiedfails to specify the duration of the Interest Period for any Borrowing comprised of Offshore Rate Loans, then such Interest Period shall be three months. provided, however, that with respect to the requested Borrowing to be made on the Closing Date, the Notice of Borrowing shall be an ABR delivered to the Agent not later than 1:00 p.m. (San Francisco time) one Business Day before the Closing Date and such Borrowing will consist of Base Rate Loans only. The Agent will promptly notify each Bank of its receipt of any Notice of Borrowing and of the amount of such Bank's Pro Rata Share of that Borrowing. If no Interest Period is specified Each Bank will make the amount of its Pro Rata Share of each Borrowing available to the Agent for the account of the Company at the Agent's Payment Office by 11:00 a.m. (San Francisco time) on the Borrowing Date requested by the Company in funds immediately available to the Agent. The proceeds of all such Loans will then be made available to the Company by the Agent at such office by crediting the account of the Company on the books of BofA with respect the aggregate of the amounts made available to the Agent by the Banks and in like funds as received by the Agent. After giving effect to any requested Eurodollar Borrowing, then unless the Borrower Agent shall otherwise consent, there may not be deemed to have selected an more than eight different Interest Period of one month’s duration. Notwithstanding the foregoing, all Borrowings on the Original Effective Date shall be ABR LoansPeriods in effect.

Appears in 1 contract

Samples: Credit Agreement (Ast Research Inc /De/)

Procedure for Borrowing. (a) The Borrower may borrow under the Revolving Credit Commitments (subject during the Commitment Period on any Business Day that an Advance may be requested pursuant to the limitations in terms of Section 2.01(a)) and 5.2 of the Participation Agreement, provided, that the Borrower may borrow -------- shall give the Term B-1 Commitments by giving the Administrative Agent irrevocable notice substantially in the form of Exhibit B (a “Borrowing Request”), which notice must be received by the Administrative Agent prior to (a) 11:00 a.m.12:00 Noon, New York City Charlotte, North Carolina time, at least three (3) Business Days prior to the requested Borrowing DateDate specifying (i) the amount to be borrowed (which on any date shall not be in excess of the then Available Commitments), in the case of a Eurodollar Borrowing, or (bii) 11:00 a.m., New York City time, on the Business Day prior to the requested Borrowing Date, in the case of an ABR Borrowing. The Borrowing Request from the Borrower for each Borrowing shall specify (iiii) whether the requested Borrowing is to be a Revolving Credit Borrowing or a Term B-1 Borrowing, (ii) the amount to be borrowed, (iii) the requested Borrowing Date (which must be the Amendment Effective Date, in the case of a Term B-1 Borrowing), (iv) whether the Borrowing is to be of Eurodollar Loans or ABR Loans, (v) if the Borrowing borrowing is to be of Eurodollar Loans, ABR Loans or a combination thereof, (iv) if the length borrowing is to be a combination of Eurodollar Loans and ABR Loans, the respective amounts of each Type of Loan and (v) the Interest Period applicable to each Eurodollar Loan. Pursuant to the terms of the initial Interest Period thereforParticipation Agreement, and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of this Agreement. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period delivered such notice upon the delivery of one month’s durationa notice by the Construction Agent or the Lessee containing such required information. Notwithstanding Upon receipt of any such notice from the foregoingBorrower (or the Construction Agent or the Lessee, all Borrowings as the case may be), the Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available to the Agent for the account of the Borrower at the office of the Agent specified in Section 12.2 of the Participation Agreement (or such other address as may be identified by the Agent from time to time) prior to 12:00 Noon, Charlotte, North Carolina time, on the Original Effective Borrowing Date shall requested by the Borrower in funds immediately available to the Agent. Such borrowing will then be ABR Loansmade available to the Borrower by the Agent crediting an account designated, subject to Section 9.1 of the Participation Agreement, by the Borrower on the books of such office with the aggregate of the amounts made available to the Agent by the Lenders and in like funds as received by the Agent. No amount of any Loan which is repaid or prepaid by the Borrower may be reborrowed hereunder, except as set forth in Section 5.2(d) of the Participation Agreement.

Appears in 1 contract

Samples: Credit Agreement (Us Foodservice/Md/)

Procedure for Borrowing. (a) The Borrower may borrow under the Revolving Credit Commitments (subject to the limitations in Section 2.01(a)) and the Borrower may borrow the Term B-1 Commitments by giving shall give the Administrative Agent notice written notice, in substantially in the form of attached hereto as Exhibit B H (a “Borrowing RequestNotice”), which notice Borrowing Notice must be have been received by the Administrative Agent prior to by (ai) 11:00 a.m., 1:00 p.m. (New York City time, ) at least three Business Days (or such shorter period as may be agreed by the Administrative Agent in its reasonable discretion) prior to the requested Borrowing Date, in the case of a Eurodollar Borrowing, Date for Eurocurrency Loans or (bii) 11:00 a.m., 1:00 p.m. (New York City time, on the ) at least one Business Day (or such shorter period as may be agreed by the Administrative Agent in its reasonable discretion) prior to the requested Borrowing DateDate for ABR Loans, in the each case of an ABR Borrowing. The Borrowing Request from the Borrower for each Borrowing shall specify specifying (i) whether the requested Borrowing is to be a Revolving Credit Borrowing or a Term B-1 Borrowing, (iiw) the amount and Tranche to be borrowed, (iiix) the requested Borrowing Date (which must be the Amendment Effective Date, in the case of a Term B-1 Borrowing), (ivy) whether the Borrowing borrowing is to be of Eurodollar Eurocurrency Loans, ABR Loans or ABR Loans, (v) if the Borrowing is to be of Eurodollar Loans, the length of the initial Interest Period therefora combination thereof, and (viz) the location and number wire instructions for delivery of such funds. Upon receipt of such notice the Borrower’s account to which funds are to be disbursed, which Administrative Agent shall comply with the requirements of this Agreementpromptly notify each applicable Lender thereof. If no election as to the Type of Borrowing is specifiedspecified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is Subject to the satisfaction of the conditions precedent specified with respect in subsections 5.1 and 5.2, as applicable to any requested Eurodollar such Borrowing, then each Lender having a Term Loan Commitment will make the amount of its pro rata share of the applicable Term Loan Commitments available, in each case for the account of the Borrower shall be deemed by wire transfer to have selected an Interest Period the Administrative Agent’s Account prior to 2:00 p.m. (New York City time) (or, if the time period for the Borrower’s delivery of notice was extended, such later time as agreed to by the Borrower and the Administrative Agent in its reasonable discretion, but in no event less than one month’s duration. Notwithstanding the foregoing, all Borrowings hour following notice) on the Original Effective applicable Borrowing Date in funds immediately available to the Administrative Agent. The Administrative Agent shall be ABR Loanspromptly deliver by wire transfer to the account designated by the Borrower in the Borrowing Notice the aggregate of the amounts made available to the Administrative Agent by the Lenders and in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Aimmune Therapeutics, Inc.)

Procedure for Borrowing. (a) The Subject to the limitations in Sections 2.01(a) and (b) and 2.02(g), the respective Borrower (or Borrowers) may borrow under the U.S. Revolving Credit Commitments (subject to the limitations in Section 2.01(a)) and the Borrower may borrow Commitments, Canadian Revolving Credit Commitments, the Term B-1 B Commitments or Incremental Term Commitments, as applicable, by giving the Administrative Agent notice substantially in the form of Exhibit B A-1, with such changes thereto as may agreed to by the Administrative Agent, (a “Borrowing Request”), which notice must be received by the Administrative Agent prior to (a) 11:00 a.m., New York City time, three Business Days prior to the requested Borrowing Date, in the case of a Eurodollar Borrowing, or (b) 11:00 a.m., New York City time, on the Business Day prior to the requested Borrowing Date, in the case of an ABR BorrowingBorrowing or (c) 11:00 a.m., New York City time, one Business Day prior to the requested Borrowing Date, in the case of a Borrowing of Canadian Revolving Loans. The Borrowing Request from the Borrower for each such Borrowing shall specify (i) whether the requested Borrowing is to be a Borrowing of Term B Loans, Incremental Term Loans, U.S. Revolving Credit Borrowing Loans or a Term B-1 BorrowingCanadian Revolving Loans, (ii) the amount to be borrowedborrowed in the applicable currency of such Borrowing, (iii) the requested Borrowing Date (which must be the Amendment Effective Initial Borrowing Date, in the case of a Term B-1 B Borrowing), and must in all cases be a Business Day, (iv) in the case of a Borrowing of Term Loans or U.S. Revolving Loans, whether the Borrowing is to be of Eurodollar Loans or ABR LoansLoans (subject to Section 2.01(c)), (v) if the Borrowing is to be of Eurodollar Loans, the length of the initial Interest Period therefortherefor (subject to Section 2.01(c)), and (vi) the location and number of the respective Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of this Agreement. If no election as to the Type of Borrowing is specifiedspecified for a Borrowing of Term Loans or U.S. Revolving Loans, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the respective U.S. Borrower (or the U.S. Borrowers) shall be deemed to have selected an Interest Period of one month’s duration. Notwithstanding the foregoing, all Borrowings on the Original Effective Date shall be ABR Loans.

Appears in 1 contract

Samples: Credit Agreement (Intertape Woven Products Services S.A. De C.V.)

Procedure for Borrowing. (a) The Borrower Company may borrow under the Revolving Credit Commitments (subject on any Business Day, PROVIDED that, with respect to any borrowing, the limitations in Section 2.01(a)) and the Borrower may borrow the Term B-1 Commitments by giving Company shall give the Administrative Agent irrevocable notice substantially in the form of Exhibit B (a “Borrowing Request”), which notice must be received by the Administrative Agent prior to 12:00 noon (a) 11:00 a.m.or, with respect to Swing Line Loans, 1:00 p.m.), New York City time, (i) three Business Days prior to the requested Borrowing DateDate if all or any part of the Loans are to be Eurodollar Loans and (ii) one Business Day prior to the requested Borrowing Date (or, in the case of Swing Line Loans and, if the Closing Date occurs on the date this Agreement is executed and delivered, Loans made on the Closing Date, on the requested Borrowing Date) if the borrowing is to be solely of Alternate Base Rate Loans) and specifying (A) the amount of the borrowing, (B) whether such Loans are initially to be Eurodollar Loans or Alternate Base Rate Loans or a combination thereof, (C) if the borrowing is to be entirely or partly Eurodollar BorrowingLoans, the length of the Interest Period for such Eurodollar Loans and (D) whether the Loan is a B Term Loan, C Term Loan, Revolving Credit Loan, Receivables Financing Loan or (b) 11:00 a.m.a Swing Line Loan. Upon receipt of such notice the Administrative Agent shall promptly notify each Lender. Not later than 12:00 noon, New York City time, on the Business Day prior Borrowing Date specified in such notice, each Lender with a Commitment of the respective Tranche shall make available to the requested Borrowing DateAdministrative Agent at the office of the Administrative Agent specified in subsection 12.2 (or at such other location as the Administrative Agent may direct) an amount in immediately available funds equal to the amount of the Loan to be made by such Lender (except that proceeds of Swing Line Loans will be made available to the Company in accordance with subsection 3.4(a)). Loan proceeds received by the Administrative Agent hereunder shall promptly be made available to the Company by the Administrative Agent's crediting the account of the Company, at the office of the Administrative Agent specified in subsection 12.2, with the case of an ABR Borrowing. The Borrowing Request aggregate amount actually received by the Administrative Agent from the Borrower for each Borrowing shall specify (i) whether Lenders and in like funds as received by the requested Borrowing is to be a Revolving Credit Borrowing or a Term B-1 Borrowing, (ii) the amount to be borrowed, (iii) the requested Borrowing Date (which must be the Amendment Effective Date, in the case of a Term B-1 Borrowing), (iv) whether the Borrowing is to be of Eurodollar Loans or ABR Loans, (v) if the Borrowing is to be of Eurodollar Loans, the length of the initial Interest Period therefor, and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of this Agreement. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Notwithstanding the foregoing, all Borrowings on the Original Effective Date shall be ABR LoansAdministrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Werner Holding Co Inc /Pa/)

Procedure for Borrowing. (a) The Borrower Company may borrow under the Revolving Credit Commitments (subject on any Business Day, provided that, with respect to any borrowing, the limitations in Section 2.01(a)) and the Borrower may borrow the Term B-1 Commitments by giving Company shall give the Administrative Agent irrevocable notice substantially in the form of Exhibit B (a “Borrowing Request”), which notice must be received by the Administrative Agent prior to 2:00 p.m. (a) 11:00 a.m.or, with respect to Swing Line Loans, 3:00 p.m.), New York City time), (i) three Business Days prior to the requested Borrowing DateDate if all or any part of the Loans are to be Eurodollar Loans and (ii) one Business Day prior to the requested Borrowing Date (or, in the case of Swing Line Loans, on the requested Borrowing Date) if the borrowing is to be solely of Alternate Base Rate Loans and specifying (A) the amount of the borrowing, (B) whether such Loans are initially to be Eurodollar Loans or Alternate Base Rate Loans or a combination thereof, (C) if the borrowing is to be entirely or partly Eurodollar BorrowingLoans, the length of the Interest Period for such Eurodollar Loans and (D) whether the Loan is a Term Loan (with respect to Loans to be made on the Closing Date), a Swing Line Loan or (b) 11:00 a.m.a Revolving Loan; provided, however, that the Loans made on the Closing Date shall be made initially as Alternate Base Rate Loans. Upon receipt of such notice the Administrative Agent shall promptly notify each Lender. Not later than 2:00 p.m., New York City time, on the Business Day prior Borrowing Date specified in such notice, each Lender shall make available to the requested Borrowing DateAdministrative Agent at the office of the Administrative Agent specified in subsection 11.2 (or at such other location as the Administrative Agent may direct) an amount in immediately available funds equal to the amount of the Loan to be made by such Lender (except that proceeds of Swing Line Loans will be made available to the Company in accordance with subsection 3.4(a)). Loan proceeds received by the Administrative Agent hereunder shall promptly be made available to the Company by the Administrative Agent's crediting the account of the Company, at the office of the Administrative Agent specified in subsection 11.2, with the case of an ABR Borrowing. The Borrowing Request aggregate amount actually received by the Administrative Agent from the Borrower for each Borrowing shall specify (i) whether Lenders and in like funds as received by the requested Borrowing is to be a Revolving Credit Borrowing or a Term B-1 Borrowing, (ii) the amount to be borrowed, (iii) the requested Borrowing Date (which must be the Amendment Effective Date, in the case of a Term B-1 Borrowing), (iv) whether the Borrowing is to be of Eurodollar Loans or ABR Loans, (v) if the Borrowing is to be of Eurodollar Loans, the length of the initial Interest Period therefor, and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of this Agreement. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Notwithstanding the foregoing, all Borrowings on the Original Effective Date shall be ABR LoansAdministrative Agent.

Appears in 1 contract

Samples: Credit Agreement (CSK Auto Corp)

Procedure for Borrowing. (a) The Borrower may borrow under Each Borrowing of Loans consisting only of Base Rate Loans shall be made upon the Revolving Credit Commitments (subject Co-Borrowers’ irrevocable written notice delivered to the limitations in Section 2.01(a)) and the Borrower may borrow the Term B-1 Commitments by giving the Administrative Agent notice substantially in the form of Exhibit B (a “Borrowing Request”)Notice of Borrowing, which notice must be received by the Administrative Agent prior to 1:00 p.m. (a) 11:00 a.m., New York City time, ) on the Borrowing Date specifying the amount of the Borrowing. Each Borrowing of Loans that includes any Eurodollar Rate Loans (other than Daily Eurodollar Rate Loans) shall be made upon the Co-Borrowers’ irrevocable written notice delivered to the Agent in the form of a Notice of Borrowing (which notice must be received by Agent prior to 1:00 p.m. (New York City time) three (3) Business Days prior to the requested Borrowing Date), specifying the amount of the Borrowing. Each Borrowing of Loans consisting only of Daily Eurodollar Rate Loans shall be made upon the Co-Borrowers’ irrevocable written notice delivered to the Agent in the form of a Notice of Borrowing, which notice must be received by Agent prior to 12:00 p.m. (New York City time) on the Borrowing Date specifying the amount of the Borrowing Each such Notice of Borrowing shall be submitted by HoldCo by electronic transfer or facsimile, confirmed immediately in an original writing and shall specify (i) the Type of Loan requested, (ii) the aggregate amount of the requested Loan, (iii) the date of such Borrowing, which shall be a Business Day, (iv) whether such Borrowing is to be a Base Rate Loan or a Eurodollar Rate Loan, (v) in the case of a Eurodollar BorrowingRate Loan (including 4812-0911-1547, or (b) 11:00 a.m., New York City time, on the Business Day prior to the requested Borrowing Date, in the case of an ABR Borrowing. The Borrowing Request from the Borrower for each Borrowing shall specify (i) whether the requested Borrowing is to be a Revolving Credit Borrowing or a Term B-1 Borrowing, (ii) the amount to be borrowed, (iii) the requested Borrowing Date (which must be the Amendment Effective Date, in the case of a Term B-1 Borrowingv. 7 Daily Eurodollar Rate Loans), (iv) whether the Borrowing is to be of Eurodollar Loans or ABR Loans, (v) if the Borrowing is to be of Eurodollar Loans, the length of the initial Interest Period thereforto be applicable thereto (including specifying the duration of such Interest Period and the last day of such Interest Period), and which shall be a period contemplated by the definition of “Interest Period”, (vi) the location and number of the a Co-Borrower’s account to which funds are to be disbursedor Co-Borrowers’ account, which shall comply with (vii) whether such Loan is a Working Capital Loan or an Acquisition Loan and (viii) the requirements of this AgreementCo-Borrower(s) for whom such Loan is requested. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowinga Base Rate Loan. If no Interest Period is specified with respect to any requested Eurodollar BorrowingRate Loan (other than Daily Eurodollar Rate Loans), then the Borrower Co-Borrowers shall be deemed to have selected an Interest Period of one month’s duration. Notwithstanding If no Interest Period is specified with respect to any requested Daily Eurodollar Rate Loan, then the foregoing, all Borrowings on the Original Effective Date Co-Borrowers shall be ABR deemed to have selected an Interest Period of one month’s duration. Each requested Eurodollar Rate Loan must, (x) in the case of Working Capital Loans, be in a principal amount of at least $2,000,000 and any multiple of $1,000,000 in excess thereof and (y) in the case of Acquisition Loans, be in a principal amount of at least $1,000,000 and any multiple of $100,000 in excess thereof.

Appears in 1 contract

Samples: Credit Agreement (Via Renewables, Inc.)

Procedure for Borrowing. (a) The Borrower applicable Borrowers may ----------------------- borrow under the applicable Revolving Credit Commitments (in each case, subject to the limitations in Section 2.01(a)2.01) and or the Borrower may borrow the applicable Term B-1 B Commitments by giving the notice (a "Borrowing Request") to the Applicable Agent (with a copy ------------------ thereof to be promptly provided to the Administrative Agent notice substantially in or the form of Exhibit B (a “Borrowing Request”U.K. Administrative Agent, as the case may be), which notice must be received by the Administrative Applicable Agent prior to (a) 11:00 10:00 a.m., New York City London time, (i) three Business Days prior to the requested Borrowing Date, Date in the case of a Eurodollar BorrowingEurocurrency Borrowing denominated in Euros and (ii) one Business Day prior to the requested Borrowing Date in the case of a Eurocurrency Borrowing denominated in Pounds Sterling, or (b) 11:00 9:00 a.m., New York City time, on the Business Day prior to the requested proposed Borrowing Date, in the case of an ABR Borrowing. The Borrowing Request from the Borrower for each Borrowing shall specify (i) the identity of the Borrower and whether the requested Borrowing is to be a Revolving Credit Dollar Borrowing, a Revolving Euro Borrowing, a Term B Dollar Borrowing or a Term B-1 B Euro Borrowing, (ii) the amount to be borrowedborrowed and the currency thereof, (iii) the requested Borrowing Date (which must be the Amendment Effective Date, in the case of a Term B-1 B Borrowing), (iv) whether the Borrowing is to be of Eurodollar Eurocurrency Loans or ABR Loans, (v) if the Borrowing is to be of Eurodollar Eurocurrency Loans, the length of the initial Interest Period therefor, and (vi) the location and number of the relevant Borrower’s 's account to which funds are to be disbursed, which shall comply with the requirements of this Agreement. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR BorrowingBorrowing (if the Borrowing is made by the U.S. Borrower) or a Eurocurrency Borrowing (if the Borrowing is made by the Euro Borrower or a Subsidiary Borrower). If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing, then the Borrower thereunder shall be deemed to have selected an Interest Period of one month’s 's duration. Notwithstanding the foregoing, all Borrowings on the Original Effective Date shall be ABR Loans.

Appears in 1 contract

Samples: Credit Agreement (Crown Holdings Inc)

Procedure for Borrowing. (ai) The Borrower may borrow under Each US Borrowing shall be made by an irrevocable written request by an Authorized Person of the Revolving Credit Commitments (subject US Borrowers delivered to the limitations in Agent. Unless US Swing Lender is not obligated to make a US Swing Loan pursuant to Section 2.01(a)2.3(b) and the Borrower may borrow the Term B-1 Commitments by giving the Administrative Agent notice substantially in the form of Exhibit B (a “Borrowing Request”)below, which such notice must be received by Agent no later than (A) Noon (Central time) with respect to a request for Base Rate Loans, on the Administrative Agent Business Day that is the requested Funding Date, (B) 10:00 a.m. (Central time) with respect to a request for Advances to be denominated in Euros or Sterling, at least one Business Day prior to the requested Funding Date, and (aC) 11:00 a.m.Noon (Central time) with respect to a request for LIBOR Rate Loans, New York City time, at least three Business Days prior to the requested Borrowing Funding Date, in each case, specifying (1) the case amount of a Eurodollar such US Borrowing, (2) if such US Borrowing is to be denominated in (x) Dollars, whether such US Borrowing shall be a LIBOR Rate Loan or a Base Rate Loan or (by) 11:00 a.m.Euros or Sterling, New York City whether such US Borrowing shall be a LIBOR Rate Loan or an Advance that accrues interest at the Floating Rate, (3) if such US Borrowing is a LIBOR Rate Loan, the duration of the Interest Period applicable thereto, (4) whether such US Borrowing is to be made in Dollars, Euros or Sterling, and (5) the requested Funding Date, which shall be a Business Day; provided, however, that if US Swing Lender is not obligated to make a US Swing Loan as to a requested US Borrowing, such notice must be received by Agent no later than (w) Noon (Central time) with respect to a request for Base Rate Loans and if Xxxxx Fargo is the only Lender, on the Business Day that is the requested Funding Date, (x) Noon (Central time) with respect to a request for Base Rate Loans if there is more than one Lender, on the Business Day prior to the date that is the requested Borrowing Funding Date, in the case of an ABR Borrowing. The Borrowing Request from the Borrower for each Borrowing shall specify (iy) whether the requested Borrowing is to be a Revolving Credit Borrowing or a Term B-1 Borrowing, 10:00 a.m. (iiCentral time) the amount to be borrowed, (iii) the requested Borrowing Date (which must be the Amendment Effective Date, in the case of a Term B-1 Borrowing), (iv) whether the Borrowing is to be of Eurodollar Loans or ABR Loans, (v) if the Borrowing is to be of Eurodollar Loans, the length of the initial Interest Period therefor, and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of this Agreement. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowinga request for Advances to be denominated in Euros or Sterling, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Notwithstanding the foregoing, all Borrowings on the Original Effective Date Business Day prior to the date that is the requested Funding Date, or (z) Noon (Central time) with respect to a request for LIBOR Rate Loans, at least three Business Day prior to the requested Funding Date. At Agent’s election, in lieu of delivering the above-described written request, any Authorized Person may give Agent telephonic notice of such request by the required time. In such circumstances, US 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 be ABR Loansnot affect the validity of the request.

Appears in 1 contract

Samples: Credit Agreement (Pregis Holding II CORP)

Procedure for Borrowing. (a) The Borrower may borrow under the Revolving Credit Commitments (subject As a condition precedent to the limitations in Section 2.01(a)) and borrowing of Loans hereunder, the Borrower may borrow the Term B-1 Commitments by giving shall give the Administrative Agent an irrevocable notice substantially in the form of Exhibit B EXHIBIT A-1 (a “Borrowing Request”)i) in the case of Tranche A Loan, on or prior to the Closing Date (which notice must be received by the Administrative Agent prior to (a) 11:00 10:00 a.m., New York City timetime on the Closing Date), three Business Days prior to the requested Borrowing Date, and (ii) in the case of Tranche B Loan, on any Business Day, at the option of the Borrower, during the Availability Period (which notice must be received by the Administrative Agent prior to 10:00 a.m., New York City time on such day), in each case specifying (1) that a Loan is requested, (2) the aggregate amount to be borrowed, (3) the requested borrowing date (which shall be a Business Day), (4) whether the borrowing is to be of Eurodollar BorrowingLoans, Alternate Base Rate Loans or a combination thereof, (b5) if the borrowing is to be entirely or partly of Eurodollar Loans, the amounts of such Eurodollar Loans and the lengths of the initial Interest Periods therefore, (6) the number and the location of the account to which the proceeds are to be disbursed (consistent with the provisions of hereof) and (7) the details of the Notes to be issued. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in SECTION 9.2 prior to 11:00 a.m., New York City time, on the Business Day prior date requested by the Borrower in funds immediately available to the requested Borrowing Date, Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent by subscription of the Notes in the case of an ABR Borrowing. The Borrowing Request from manner specified by the Borrower for each in such Notice of Borrowing shall specify (i) whether the requested Borrowing is to be a Revolving Credit Borrowing or a Term B-1 Borrowing, (ii) the amount to be borrowed, (iii) the requested Borrowing Date (which must be the Amendment Effective Date, in the case aggregate of a Term B-1 Borrowingthe amounts made available to the Administrative Agent by the Lenders and in like funds as received by the Administrative Agent (net of the Pre-Funded Interest and fees and expenses then due and payable (if any), (iv) whether ). If the Borrowing is Borrower fails to be of Eurodollar Loans or ABR Loans, (v) if the Borrowing is to be of Eurodollar Loans, the length of indicate the initial Interest Periods in such notice, the Interest Period therefor, and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of this Agreement. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Notwithstanding the foregoing, all Borrowings on the Original Effective Date shall be ABR Loans.

Appears in 1 contract

Samples: Credit Agreement (Aquila Inc)

Procedure for Borrowing. (a) The Borrower applicable Borrowers may borrow under the applicable Revolving Credit Commitments (in each case, subject to the limitations in Section 2.01(a)2.01) and or the Borrower may borrow the applicable Term B-1 B Dollar Commitments by giving the Administrative Agent notice substantially in the form of Exhibit B (a “Borrowing Request”) to the Applicable Agent (with a copy thereof to be promptly provided to the Administrative Agent or the U.K. Administrative Agent, as the case may be), which notice must be received by the Administrative Applicable Agent prior to (a) 11:00 10:00 a.m., New York City London time, (i) three Business Days prior to the requested Borrowing Date, Date in the case of a Eurodollar BorrowingEurocurrency Borrowing denominated in Euros and (ii) one Business Day prior to the requested Borrowing Date in the case of a Eurocurrency Borrowing denominated in Pounds Sterling, or (b) 11:00 9:00 a.m., New York City time, on the Business Day prior to the requested proposed Borrowing Date, in the case of an ABR Borrowing. The Borrowing Request from the Borrower for each Borrowing shall specify (i) the identity of the Borrower and whether the requested Borrowing is to be a Revolving Credit Dollar Borrowing, a Revolving Euro Borrowing or a Term B-1 B Dollar Borrowing, (ii) the amount to be borrowedborrowed and the currency thereof, (iii) the requested Borrowing Date (which must be the Amendment Effective Date, in the case of a Term B-1 B Dollar Borrowing), (iv) whether the Borrowing is to be of Eurodollar Eurocurrency Loans or ABR Loans, (v) if the Borrowing is to be of Eurodollar Eurocurrency Loans, the length of the initial Interest Period therefor, and (vi) the location and number of the relevant Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of this Agreement. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR BorrowingBorrowing (if the Borrowing is made by the U.S. Borrower) or a Eurocurrency Borrowing (if the Borrowing is made by the Euro Borrower or a Subsidiary Borrower). If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing, then the Borrower thereunder shall be deemed to have selected an Interest Period of one month’s duration. Notwithstanding the foregoing, all Borrowings on the Original Effective Date shall be ABR Loans.

Appears in 1 contract

Samples: Credit Agreement (Crown Holdings Inc)

Procedure for Borrowing. (a) The Borrower may borrow under the Revolving Credit Commitments (subject to the limitations in Section 2.01(a)) and the Borrower may borrow the Term B-1 Commitments by giving shall give the Administrative Agent irrevocable notice substantially in writing in the form of Exhibit B a Borrowing Notice (a “Borrowing Request”), which notice must be received by the Administrative Agent prior to (a) 11:00 a.m.2:00 P.M., New York City time, (a) three (3) Business Days prior to the requested Borrowing anticipated Closing Date, in the case of a Eurodollar BorrowingLIBOR Loans, or (b) 11:00 a.m.one (1) Business Day prior to the anticipated Closing Date, in the case of Alternate Base Rate Loans) requesting that the Lenders make the Loans on the Closing Date. Such Borrowing Notice shall specify whether the Loans shall initially consist of Alternate Base Rate Loans or LIBOR Loans and in the case of LIBOR Loans, the Interest Period or Interest Periods with respect thereto. If no election of an Interest Period is specified in such Borrowing Notice in the case of a Borrowing consisting of LIBOR Loans, such notice shall be deemed to be a request for an Interest Period of one (1) month. If no election is made as to the Type of Loan, such Borrowing Notice shall be deemed to be a request for a Borrowing consisting of Alternate Base Rate Loans. Upon receipt of such Borrowing Notice the Administrative Agent shall promptly notify each Lender thereof. Not later than 2:00 P.M., New York City time, on the Business Day prior Closing Date each Lender shall make available to the requested Borrowing Date, Administrative Agent at the Funding Office an amount in immediately available funds equal to its Commitment. The Administrative Agent shall disburse the aggregate of the amounts made available to the Administrative Agent by the Lenders by depositing such amount in immediately available funds to the account of the Borrower specified in the case Borrowing Notice. Each Lender may, at its option, fulfill its obligation to make LIBOR Loans by causing a foreign branch or Affiliate of an ABR Borrowing. The Borrowing Request from such Lender to fund such LIBOR Loans; provided, however, that any exercise of such option shall not affect the obligation of the Borrower for each Borrowing shall specify (i) whether the requested Borrowing is to be a Revolving Credit Borrowing or a Term B-1 Borrowing, (ii) the amount to be borrowed, (iii) the requested Borrowing Date (which must be the Amendment Effective Date, repay Loans in the case of a Term B-1 Borrowing), (iv) whether the Borrowing is to be of Eurodollar Loans or ABR Loans, (v) if the Borrowing is to be of Eurodollar Loans, the length of the initial Interest Period therefor, and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply accordance with the requirements terms hereof or increase the costs to the Borrower payable hereunder in respect of LIBOR Loans. Subject to the other provisions of this Agreement. If no election as to Section 2.1 and the provisions of Section 2.6, Loans of more than one Type of Borrowing is specified, then may be outstanding at the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Notwithstanding the foregoing, all Borrowings on the Original Effective Date shall be ABR Loanssame time.

Appears in 1 contract

Samples: Guaranty and Pledge Agreement (Lions Gate Entertainment Corp /Cn/)

Procedure for Borrowing. (a) The Borrower Borrowers may borrow under the Revolving Credit Commitments (subject on any Business Day; provided that, with respect to any borrowing, the limitations in Section 2.01(a)) and the Borrower may borrow the Term B-1 Commitments by giving Borrowers shall give the Administrative Agent irrevocable notice substantially in the form of Exhibit B (a “Borrowing Request”), which notice must be received by the Administrative Agent prior to 12:00 noon (a) 11:00 a.m.or, with respect to Swing Line Loans, 2:00 p.m.), New York City time, (i) three Business Days prior to the requested Borrowing DateDate if all or any part of the Loans are to be Eurodollar Loans and (ii) on the Borrowing Date (or, in the case of a Eurodollar BorrowingSwing Line Loans and, or if the Closing Date occurs on the date this Agreement is executed and delivered, Loans made on the Closing Date, on the requested Borrowing Date) if the borrowing is to be solely of Alternate Base Rate Loans) and specifying (a) the amount of the borrowing, (b) 11:00 a.m.whether such Loans are initially to be Eurodollar Loans or Alternate Base Rate Loans or a combination thereof, (c) if the borrowing is to be entirely or partly Eurodollar Loans, the length of the Interest Period for such Eurodollar Loans and (d) whether the Loan is a Swing Line Loan or Revolving Credit Loan. Upon receipt of such notice the Administrative Agent shall promptly notify each affected Lender thereof. Not later than 12:00 noon, New York City time, on the Business Day prior Borrowing Date specified in such notice, each affected Lender shall make available to the requested Borrowing DateAdministrative Agent at the office of the Administrative Agent specified in Section 11.2 (or at such other location as the Administrative Agent may direct) an amount in immediately available funds equal to the amount of the Loan to be made by such Lender (except that proceeds of Swing Line Loans will be made available to the Borrowers in accordance with subsection 2.4(a)). Loan proceeds received by the Administrative Agent hereunder shall promptly be made available to the Borrowers by the Administrative Agent’s crediting the account of the Borrowers, at the office of the Administrative Agent specified in Section 11.2, with the case of an ABR Borrowing. The Borrowing Request aggregate amount actually received by the Administrative Agent from the Borrower for each Borrowing shall specify (i) whether Lenders and in like funds as received by the requested Borrowing is to be a Revolving Credit Borrowing or a Term B-1 Borrowing, (ii) the amount to be borrowed, (iii) the requested Borrowing Date (which must be the Amendment Effective Date, in the case of a Term B-1 Borrowing), (iv) whether the Borrowing is to be of Eurodollar Loans or ABR Loans, (v) if the Borrowing is to be of Eurodollar Loans, the length of the initial Interest Period therefor, and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of this Agreement. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Notwithstanding the foregoing, all Borrowings on the Original Effective Date shall be ABR LoansAdministrative Agent.

Appears in 1 contract

Samples: Loan and Security Agreement (Texas Market Tire, Inc.)

Procedure for Borrowing. (a) The Borrower Borrowers may borrow under request a borrowing hereunder, on any Business Day during the Revolving Credit Commitments (subject period from and including the Effective Date to and including the termination of this Loan Agreement, by delivering to the limitations in Section 2.01(a)) and Lender, with a copy to the Borrower may borrow the Term B-1 Commitments by giving the Administrative Agent notice Custodian, a written request for borrowing, substantially in the form of Exhibit B (a “Borrowing Request”)D attached hereto, which notice request must be received by the Administrative Agent Lender prior to (a) 11:00 a.m.--------- 2:00 p.m., New York City time, three two (2) Business Days prior to the requested Borrowing DateFunding Date for any Mortgage Loans which are not Wet-Ink Mortgage Loans, in the case of a Eurodollar Borrowing, or (bii) 11:00 a.m.6:00 p.m., New York City time, on the one (1) Business Day prior to the requested Borrowing DateFunding Date for any Eligible Mortgage Loans which are Wet-Ink Mortgage Loans and (iii) 10:00 a.m. New York City time, in three (3) Business Days prior to the case of an ABR BorrowingFunding Date for any Eligible Security. The Borrowing Request from the Borrower Such request for each Borrowing borrowing shall specify (i) whether attach a schedule identifying the requested Borrowing is Eligible Mortgage Loans which are not Wet-Ink Mortgage Loans or Eligible Securities that the Borrowers propose to pledge to the Lender and to be a Revolving Credit included in the Borrowing or a Term B-1 BorrowingBase in connection with such borrowing, (ii) specify the amount to be borrowedrequested Funding Date, (iii) include a Mortgage Loan Tape containing information with respect to the requested Borrowing Date (which must Eligible Mortgage Loans and Eligible Securities that the Borrowers propose to pledge to the Lender and to be the Amendment Effective Date, included in the case of a Term B-1 Borrowing)Borrowing Base in connection with such borrowing, and (iv) whether the Borrowing is to be of Eurodollar Loans or ABR Loans, (v) if the Borrowing is to be of Eurodollar Loans, the length of the initial Interest Period therefor, and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of this Agreement. If no election certify as to the Type truth and accuracy of Borrowing is specifiedthe representations and warranties made hereunder as required by Section 5.02(b) hereof . Upon the Borrowers' request for a borrowing pursuant to Section 2.03(a), then the Lender may at its sole option, assuming all conditions precedent set forth in Section 5.01 and 5.02 have been met and provided no Default shall have occurred and be continuing, make a Loan to the Borrowers on the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then Funding Date in the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Notwithstanding the foregoing, all Borrowings on the Original Effective Date shall be ABR Loansamount so requested.

Appears in 1 contract

Samples: Master Loan and Security Agreement (New Century Financial Corp)

Procedure for Borrowing. (a) The Borrower may borrow under the Revolving Credit Commitments (subject notify by delivery of a Notice of Borrowing to the limitations in Section 2.01(a)) and the Borrower may borrow the Term B-1 Commitments by giving the Administrative Agent notice substantially in the form of Exhibit B (a “Borrowing Request”), which notice must be received by the Administrative Agent prior to 11:00 a.m. (New York time) on a Business Day of Xxxxxxxx’s request to incur, on that day, or in the alternative, on the immediately succeeding Business Day thereafter (as specified in the Notice of Borrowing), a Revolving Advance hereunder. Any amount required to be paid as interest hereunder, or as fees or other charges under this Agreement or any other agreement with Agent, any Lender and/or the Issuer, or with respect to any other Obligation, which shall become due, if not otherwise paid when due, shall be deemed a request for a Revolving Advance to be maintained as a Domestic Rate Loan 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, any Lender and/or the Issuer and such request shall be irrevocable. (b) Notwithstanding the provisions of subsection (a) above, in the event Borrower desires to obtain a SOFR Loan, Borrower shall deliver a Notice of Borrowing to Agent by no later than 11:00 a.m., a.m. (New York City time, ) on the day which is three (3) U.S. Government Securities Business Days prior to the requested Borrowing Datedate such SOFR Loan is to be borrowed, in the case of a Eurodollar Borrowing, or (b) 11:00 a.m., New York City time, on the Business Day prior to the requested Borrowing Date, in the case of an ABR Borrowing. The Borrowing Request from the Borrower for each Borrowing shall specify specifying (i) whether the requested Borrowing is to date of the proposed borrowing (which shall be a Revolving Credit Borrowing or a Term B-1 BorrowingBusiness Day), (ii) the type of borrowing and the amount on the date of such Revolving Advance to be borrowed, which amount shall be in a minimum amount of $5,000,000 and in integral multiples of $500,000 in excess thereof, and (iii) the requested Borrowing Date duration of the first Interest Period therefor. Interest Periods for SOFR Loans consisting of Revolving Advances shall be for one, three or six months. No SOFR Loan shall be made available to Borrower during the continuance of a Default or an Event of Default. After giving effect to each such borrowing, there shall not be outstanding more than six (which must be the Amendment Effective Date6) SOFR Loans consisting of Revolving Advances, in the case of aggregate at any time. Agent shall provide Borrower with a Term B-1 Borrowing), (iv) whether the Borrowing is to be of Eurodollar Loans or ABR Loans, (v) if the Borrowing is to be of Eurodollar Loans, the length quote of the initial Interest Period therefor, and (vi) actual interest rate available for the location and number of the Borrower’s account to which funds are to be disbursedSOFR Loan requested by Xxxxxxxx, which shall comply with the requirements of this Agreement. If no election as to the Type of Borrowing is specified, then the requested Borrowing quote shall be an ABR Borrowing. If no Interest Period given on the day after such SOFR Loan is specified with respect to any requested Eurodollar Borrowing, then the Borrower and such quote shall be deemed to have selected an Interest Period of one month’s durationeffective from the day provided by Agent until two (2) Business Days thereafter. Notwithstanding the foregoing, all Borrowings on the Original Effective Date shall be ABR Loans.46

Appears in 1 contract

Samples: Loan and Security Agreement (Veeco Instruments Inc)

Procedure for Borrowing. (a) The Prior to the Completion Date and, to the extent the proceeds of the requested borrowing are used to pay Project Costs, after the Completion Date but prior to the Final Completion Date, the Borrower may borrow under the Term Loan Commitments or the Revolving Credit Commitments (subject to during the limitations in Section 2.01(a)) and Term Loan Commitment Period or the Revolving Credit Commitment Period, as applicable, on any Business Day; provided, that the Borrower may borrow the Term B-1 Commitments by giving shall give the Administrative Agent notice substantially in accordance with and pursuant to the terms of Section 2.4 of the Disbursement Agreement such Notice of Advance Requests in the form form, at the times and as required under the Disbursement Agreement. Notwithstanding any provisions of Exhibit B (a “Borrowing Request”)the Disbursement Agreement to the contrary, which notice such Notice of Advance Requests and the related Advance Confirmation Notices from the Disbursement Agent in accordance with the provisions of Section 2.4 of the Disbursement Agreement must be received by the Administrative Agent prior to (a) 11:00 a.m.12:00 Noon, New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of a Eurodollar BorrowingLoans, or (b) 11:00 a.m., New York City time, on the one Business Day prior to the requested Borrowing Date, in the case of an ABR Borrowing. The Borrowing Request from the Borrower for each Borrowing shall Base Rate Loans and must specify (i) whether the requested Borrowing is amount and Type of Loans to be a Revolving Credit Borrowing or a Term B-1 Borrowingborrowed, (ii) the amount to be borrowed, requested Borrowing Date and (iii) the requested Borrowing Date (which must be the Amendment Effective Date, in the case of a Term B-1 Borrowing), (iv) whether the Borrowing is to be of Eurodollar Loans or ABR Loans, (v) if the Borrowing is to be of Eurodollar Loans, the length of the initial Interest Period therefor. Upon receipt of any Advance Confirmation Notice from the Disbursement Agent, and (vi) the location and number Administrative Agent shall promptly notify each Term Loan Lender and/or Revolving Credit Lender, as appropriate, thereof. Each such Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent at the Funding Office prior to 10:00 A.M., New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then, upon satisfaction or waiver of the Borrower’s account to which conditions precedent specified in Section 5.2, be made available by the Administrative Agent, in like funds are to be disbursedas received by the Administrative Agent from the Lenders, which shall comply with the requirements of this Agreement. If no election as to the Type Disbursement Agent in the Collection Account no later than 12:00 Noon, New York City time, on the applicable Borrowing Date who shall then make the proceeds of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect such Loans available to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period in accordance with and upon fulfillment of one month’s duration. Notwithstanding conditions set forth in the foregoing, all Borrowings on the Original Effective Date shall be ABR LoansDisbursement Agreement.

Appears in 1 contract

Samples: Credit Agreement (Wynn Las Vegas LLC)

Procedure for Borrowing. (a) The Borrower may borrow under To request the Revolving Credit Commitments (subject Loans to be made on the limitations in Section 2.01(a)) and Closing Date, the Borrower may borrow the Term B-1 Commitments by giving shall deliver to the Administrative Agent irrevocable notice substantially in the form of Exhibit B (a “Borrowing Request”), which notice must be received by the Administrative Agent prior to (a) 11:00 a.m.12:00 Noon, New York City time, (a) three Business Days prior to the requested Borrowing Closing Date, in the case of a Eurodollar BorrowingLoans, or (b) 11:00 a.m., New York City time, on the Business Day prior to the requested Borrowing Closing Date, in the case of an ABR Borrowing. The Borrowing Request from Base Rate Loans (or, in the Borrower for each Borrowing shall specify case of (ia) whether or (b), such shorter period as may be acceptable to the requested Borrowing is to be a Revolving Credit Borrowing or a Term B-1 BorrowingAdministrative Agent), specifying (iiA) the amount and Type of Loans to be borrowed, (iiiB) the requested Borrowing Date (which must be the Amendment Effective Date, in the case of a Term B-1 Borrowing), (iv) whether the Borrowing is to be of Eurodollar Loans or ABR Loans, (v) if the Borrowing is to be of Eurodollar Loans, the length respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor, and (viC) the location and number requested Closing Date. Upon receipt of such notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of such borrowing available to the Administrative Agent for the account of the Borrower’s Borrower at the Funding Office prior to 2:00 p.m., New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to which the Administrative Agent by the Lenders and in like funds received by the Administrative Agent. Without limiting a form of notice permitted under this Agreement, it is understood that a written notice of a borrowing request or a written confirmation of any oral notice of a borrowing request may be signed: (i) by means of a facsimile or stamp signature of a Responsible Officer of the Borrower or (ii) by another officer of the Borrower who has been authorized to make such requests, if the funds are to be disbursed, which shall comply with the requirements of this Agreement. If no election as made available to the Type Borrower pursuant to the terms of Borrowing is specified, then a wire transfer instruction or authorization acceptable to the requested Borrowing shall be an ABR BorrowingAdministrative Agent. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Notwithstanding the foregoing, all Borrowings on the Original Effective Date shall be ABR Loans.[Credit Agreement]

Appears in 1 contract

Samples: Credit Agreement (Chesapeake Energy Corp)

Procedure for Borrowing. Subject to the terms and conditions of ------------------------- this Agreement, Lender shall cause the Revolving Credit Loans to be made to Borrower at any time and from time to time during the Revolving Credit Period of this Agreement upon timely prior oral or written notice ("Borrowing Notice") to Lender specifying (a) The Borrower may borrow under the desired amount of the Revolving Credit Commitments Loan and (subject b) the date on which the Revolving Credit Loan proceeds are to the limitations in Section 2.01(a)) and the Borrower may borrow the Term B-1 Commitments by giving the Administrative Agent notice substantially in the form of Exhibit B (a “Borrowing Request”)be made available to Borrower, which notice must be a Business Day. Each Borrowing Notice must be received by the Administrative Agent prior to Lender not later than 12:00 noon (aSt. Louis time) 11:00 a.m., New York City time, three Business Days prior to the requested Borrowing Date, in the case of a Eurodollar Borrowing, or (b) 11:00 a.m., New York City time, on the Business Day prior to the requested Borrowing Date, in the case of an ABR Borrowing. The Borrowing Request from the Borrower for each Borrowing shall specify (i) whether the requested Borrowing on which a Revolving Credit Loan is to be a Revolving Credit Borrowing or a Term B-1 Borrowing, (ii) made. Subject to the amount to be borrowed, (iii) the requested Borrowing Date (which must be the Amendment Effective Date, in the case of a Term B-1 Borrowing), (iv) whether the Borrowing is to be of Eurodollar Loans or ABR Loans, (v) if the Borrowing is to be of Eurodollar Loans, the length of the initial Interest Period therefor, terms and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements conditions of this Agreement, provided that Lender has received the Borrowing Notice, Lender shall (unless Lender determines that any applicable condition specified in Section 3 has not been satisfied) make such Revolving Credit Loan to Borrower by crediting the amount of such Revolving Credit Loan to an account of Borrower at Lender, not later than 2:30 p.m. (St. Louis time) on the Business Day specified in said Borrowing Notice. If no election Borrower hereby authorizes Lender to rely on telephonic, telegraphic, telecopy, telex or written instructions of any individual identifying himself or herself as one of the individuals listed on Schedule 2.02 attached hereto (or any other individual from time to time -------------- authorized to act on behalf of Borrower pursuant to a resolution adopted by the Type Board of Borrowing is specified, then Directors of Borrower and certified by the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified Secretary of Borrower and delivered to Lender) with respect to any requested Eurodollar Borrowingrequest to make a Revolving Credit Loan or a repayment hereunder, then the and on any signature which Lender believes to be genuine, and Borrower shall be deemed bound thereby in the same manner as if such person were actually authorized or such signature were genuine. Borrower also hereby agrees to have selected an Interest Period indemnify Lender and hold Lender harmless from and against any and all claims, demands, damages, liabilities, losses, costs and expenses (including, without limitation, reasonable attorneys' fees and expenses) relating to or arising out of one month’s durationor in connection with the acceptance of instructions for making Revolving Credit Loans or repayments hereunder. Notwithstanding the foregoing, all Borrowings on the Original Effective Date The Revolving Credit Loans shall be ABR Loansevidenced by a Revolving Credit Note of Borrower dated the date hereof and payable to the order of Lender in the original principal amount of $1,500,000.00 in the form attached hereto as Exhibit B and --------- incorporated herein by reference (as the same may from time to time be amended, modified, extended or renewed, the "Revolving Credit Note").

Appears in 1 contract

Samples: Loan Agreement (Air Methods Corp)

Procedure for Borrowing. (aEach Borrowing shall be made by delivery of a Notice of Borrowing by an Authorized Person to Agent. Unless Swing Lender is not obligated to make a Swing Loan pursuant to Section 2.3(b) The Borrower may borrow under the Revolving Credit Commitments (subject to the limitations in Section 2.01(a)) and the Borrower may borrow the Term B-1 Commitments by giving the Administrative Agent notice substantially in the form below, such Notice of Exhibit B (a “Borrowing Request”), which notice must be received by Agent no later than 1:00 p.m. (Georgia time) on the Administrative Agent prior Business Day that is the requested Funding Date, specifying (i) whether such Borrowing is requested to be an Advance or a Term Loan, (aii) 11:00 a.m.the amount of such Borrowing, New York City time(iii) the requested Funding Date, three which shall be a Business Day, and (iv) the use of the proceeds of such Borrowing and the time period within which such proceeds are expected to be used, which time period shall not exceed 5 Business Days prior after the Funding Date of such Borrowing (or a certification that the proceeds of such Borrowing shall be used to fund working capital and Capital Expenditure needs of Borrowers or to make interest payments in respect of the Senior Subordinated Notes (subject in all respects to the requested Borrowing Datesubordination provisions thereof) or the Senior Floating Rate Notes, in each case, within a reasonable period of time (not to exceed 5 Business Days) after the case Funding Date of such Borrowing and not for the purpose of aggregating cash and Cash Equivalents of Parent and its Subsidiaries); provided, however, that if Swing Lender is not obligated to make a Eurodollar Swing Loan as to a requested Borrowing, or such Notice of Borrowing must be received by Agent no later than 1:00 p.m. (bGeorgia time) 11:00 a.m., New York City time, on the Business Day prior to the date that is the requested Borrowing Funding Date. At Agent's election, in lieu of delivering a Notice of Borrowing, any Authorized Person may give Agent telephonic notice of such request by the case of an ABR Borrowing. The Borrowing Request from required time, specifying the Borrower for each Borrowing shall specify information set forth in clauses (i) whether the requested Borrowing is to be a Revolving Credit Borrowing or a Term B-1 Borrowing, (ii) the amount to be borrowed, (iii) the requested Borrowing Date (which must be the Amendment Effective Date, in the case of a Term B-1 Borrowing), through (iv) whether the above. In such circumstances, Borrowers agree that any such telephonic notice will be confirmed by delivery of a Notice of Borrowing is to be of Eurodollar Loans or ABR Loans, (v) if the Borrowing is to be of Eurodollar Loans, the length within 24 hours of the initial Interest Period thereforgiving of such telephonic notice, and (vi) but the location and number failure to provide such Notice of Borrowing shall not affect the validity of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of this Agreement. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Notwithstanding the foregoing, all Borrowings on the Original Effective Date shall be ABR Loansrequest.

Appears in 1 contract

Samples: Credit Agreement (Angiotech Pharmaceuticals Inc)

Procedure for Borrowing. (a) The Each Borrowing of Revolver Advances shall be made by a written request by an Authorized Person of the applicable Borrower may borrow under the Revolving Credit Commitments (subject delivered to the limitations in Section 2.01(a)) and the Borrower may borrow the Term B-1 Commitments by giving the Administrative Agent notice substantially in the form of Exhibit B (a “Borrowing Request”), which Agent. Such notice must be received by Agent (1) in the Administrative Agent case of Borrowings of Base Rate Loans by the US Borrower, no later than 12:00 noon (New York time) on the Business Day that is the requested Funding Date, (2) in the case of Borrowings of Base Rate Loans by the Foreign Borrower, no later than 12:00 noon (New York time) at least 1 Business Day prior to the requested Funding Date, (a3) 11:00 a.m.in the case of Borrowings of LIBOR Rate Loans denominated in Dollars, no later than 12:00 noon (New York City time, three ) at least 3 Business Days prior to the requested Borrowing Date, Funding Date or (4) in the case of a Eurodollar Borrowings of LIBOR Rate Loans denominated in Euros, no later than 12:00 noon (London time) at least 3 Business Days prior to the requested Funding Date, specifying (i) the amount of such Borrowing, (ii) the requested Funding Date, which shall be a Business Day, (iii) the applicable Borrower, (iv) [reserved], (v) if such Borrowing is to be denominated in Dollars, whether such Borrowing shall be a LIBOR Rate Loan or a Base Rate Loan, (bvi) 11:00 a.m.if such Borrowing is a LIBOR Rate Loan, the duration of the Interest Period applicable thereto, and (vii) whether such Borrowing is to be made in Dollars or Euros; provided that, notwithstanding anything to the contrary herein, unless otherwise agreed from time to time by the Agent in its sole discretion, no Revolver Advances shall be made to the Foreign Borrower prior to the date on which the Final Financing Order shall have been entered by the Bankruptcy Court. Notwithstanding the foregoing, with respect to any Advances to be made on the Closing Date, the Borrowers shall be required to provide such notice no later than 4:00 p.m. (New York City time) at least 1 Business Day prior to the Closing Date (or such shorter notice period as may be agreed to by the Agent). At Agent’s election, on in lieu of delivering the above-described written request with respect to Advances to be made to the US Borrower, any Authorized Person may give Agent telephonic notice of such request by the required time. In such circumstances, each Borrower agrees that any such telephonic notice will be confirmed in writing within 24 hours of the giving Exhibit 10.61 DIP Credit Agreement of such telephonic notice, but the failure to provide such written confirmation shall not affect the validity of the request. The Borrowing of any LIBOR Rate Loan shall be subject to the provisions of Section 2.12. Each Borrowing of a Term Advance shall be made by delivery to the Agent, with a copy to each of the Required Term Lenders’ Advisors, in each case by e-mail or facsimile, of a written request executed by a Responsible Officer of the US Borrower. Such written request must be received by the Agent and such Required Term Lenders’ Advisors not later than 12:00 noon (New York time) at least 1 Business Day prior to the requested Borrowing DateFunding Date (or such later time agreed to by the Agent), in the case of an ABR Borrowing. The Borrowing Request from the Borrower for each Borrowing shall specify specifying (i) whether the requested amount of such Borrowing is to be a Revolving Credit Borrowing or a Term B-1 Borrowing, and (ii) the amount to be borrowed, (iii) the requested Borrowing Date (which must be the Amendment Effective Funding Date, in the case of a Term B-1 Borrowing), (iv) whether the Borrowing is to be of Eurodollar Loans or ABR Loans, (v) if the Borrowing is to be of Eurodollar Loans, the length of the initial Interest Period therefor, and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with be a Business Day. Borrowing Parameters. Revolver Advances denominated in Dollars may be Base Rate Loans or LIBOR Rate Loans. Revolver Advances denominated in Euros may only be LIBOR Rate Loans or (at the requirements discretion of this Agreementthe Agent) Swingline Loans. If no election as to the Type of Borrowing is specified, then the requested Borrowing Each Swingline Loan shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Notwithstanding the foregoing, all Borrowings on the Original Effective Date shall be ABR LoansOvernight LIBO Loan.

Appears in 1 contract

Samples: Possession Credit Agreement (Exide Technologies)

Procedure for Borrowing. (a) The Borrower may borrow under the Revolving Credit Commitments (subject Subject to the limitations in Section 2.01(a)) terms and ----------------------- conditions of this Agreement, the Borrower may borrow Loans during the Term B-1 Commitments by giving applicable Availability Period on any Business Day; provided that the Administrative Agent Lender -------- shall have received from the Borrower a notice of borrowing (the "Notice of --------- Borrowing") substantially in the form of Exhibit B A, requesting such borrowing --------- (each, a "Borrowing"). The Borrower may borrow Loans on the same Business Day --------- for different Aircraft. Each such Notice of Borrowing Request”shall constitute the Borrower's irrevocable commitment to make the Borrowing requested therein and shall specify (i) the Aircraft to which such proposed Borrowing relates, (ii) the amount of the proposed Borrowing (which amount shall equal the then aggregate amount of the Deposit Payments then due and owing (including previously deferred amounts) to the Manufacturer under the Purchase Agreement for such Aircraft plus, in the case of the initial Borrowing hereunder the aggregate amount of Deposit Payments previously advanced by the Borrower to the Manufacturer under the Purchase Agreement with respect to such Aircraft (less $1,000,000 per Aircraft)), (iii) the proposed Borrowing Date (which notice shall be a Business Day and which shall not be earlier than the date such amounts are due under the Purchase Agreement) and (iv) disbursement instructions (which disbursements shall be made by the Lender directly to the Manufacturer other than, with respect the initial Borrowing hereunder, amounts disbursed to the Borrower in reimbursement of previously funded Deposit Payments). In addition, to be effective, each such Notice of Borrowing (other than with respect to the initial Borrowing hereunder) must be received by the Administrative Agent Lender prior to (a) 11:00 a.m.12:00 Noon, New York City time, three (3) Business Days prior to the requested Borrowing Date, . The Lender shall cause the proceeds of each Loan to be available in immediately available funds for the case account of a Eurodollar Borrowing, the Borrower (or (bon its behalf) 11:00 a.m.prior to 12:30 p.m., New York City time, on the Business Day prior Borrowing Date requested by the Borrower. The Lender shall cause such proceeds to be made available hereunder to the requested Manufacturer or the Borrower in connection with each Borrowing Date, in the case manner specified in the Notice of an ABR BorrowingBorrowing by the Borrower. The Borrowing Request from Borrower agrees that the actual transfer of the proceeds of a Loan to the bank designated by the Borrower for each Borrowing credit to the Manufacturer's or the Borrower's account (as applicable) maintained at such bank shall specify (i) whether constitute conclusive evidence that the requested Borrowing is Loan was made, and neither the failure of the Lender to be a Revolving Credit Borrowing or a Term B-1 Borrowing, (ii) endorse on the schedule attached to any Note the amount of such Loan, nor any failure of the bank designated by the Borrower to be borrowed, (iii) the requested Borrowing Date (which must be the Amendment Effective Date, in the case credit proceeds of a Term B-1 Borrowing)Loan to the Manufacturer's or the Borrower's account (as applicable) maintained at such bank, (iv) whether the Borrowing is to be of Eurodollar Loans or ABR Loans, (v) if the Borrowing is to be of Eurodollar Loans, the length nor any failure of the initial Interest Period therefor, and (vi) Manufacturer to credit proceeds of a Loan to the location and number account of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of this Agreement. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Notwithstanding the foregoing, all Borrowings maintain on the Original Effective Date books and records of the Manufacturer, shall be ABR Loansaffect the Borrower's obligations hereunder.

Appears in 1 contract

Samples: Loan Agreement (Midway Airlines Corp)

Procedure for Borrowing. (a) The Borrower may borrow under Each Borrowing of a Revolving Loan, Initial Term B Loan or Incremental Term A Loan on the Revolving Credit Commitments Closing Date shall be made upon the Borrower’s irrevocable (subject to Section 10.5) written notice delivered to Agent (and, in the limitations in Section 2.01(a)case of the Initial Term B Loans, Barclays Bank PLC) and the Borrower may borrow the Term B-1 Commitments by giving the Administrative Agent notice substantially in the form of Exhibit B (a “Borrowing Request”)Notice of Borrowing, which may be given by (A) telephone, or (B) a Notice of Borrowing; provided, that, any telephone notice must be confirmed promptly by delivery to Agent of a Notice of Borrowing. Each Notice of Borrowing must be received by Agent (and, in the Administrative Agent case of the Initial Term B Loans, Barclays Bank PLC) prior to 11:00 a.m. (ai) 11:00 a.m.on the Closing Date, New York City timewith respect to Borrowings of Base Rate Loans to be made on the Closing Date, three (ii) on the date which is two (2) Business Days (or, with respect to any Borrowing of Term SOFR Loans to be made on the Closing Date, one (1) Business Day) prior to the requested Borrowing Date, date in the case of a Eurodollar Borrowingeach Term SOFR Loan, or and (biii) 11:00 a.m., New York City time, on the date which is one (1) Business Day prior to the requested Borrowing date of each Base Rate Loan made after the Closing Date; provided, however, that, if the Borrower wishes to request Term SOFR Loans having an Interest Period other than one, three or six months in duration as provided in the case definition of an ABR “Interest Period,” the applicable notice must be received by Agent not later than 11:00 a.m. four (4) Business Days prior to the requested date of such Borrowing. The Borrowing Request from , whereupon Agent shall give prompt notice to the appropriate Lenders of such request and determine whether the requested Interest Period is acceptable to all of them, and not later than 11:00 a.m. three (3) Business Days before the requested date of such Borrowing, Agent shall notify the Borrower for each Borrowing shall specify (iwhich notice may be by telephone) whether the requested Borrowing is to be a Revolving Credit Borrowing or a Term B-1 Borrowing, (ii) the amount to be borrowed, (iii) the requested Borrowing Date (which must be the Amendment Effective Date, in the case of a Term B-1 Borrowing), (iv) whether the Borrowing is to be of Eurodollar Loans or ABR Loans, (v) if the Borrowing is to be of Eurodollar Loans, the length of the initial Interest Period therefor, and (vi) has been consented to by all the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of this AgreementLenders. If no election as to the Type Such Notice of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Notwithstanding the foregoing, all Borrowings on the Original Effective Date shall be ABR Loans.specify:

Appears in 1 contract

Samples: Credit Agreement (R1 RCM Inc. /DE)

Procedure for Borrowing. (a) The Borrower may borrow under the Revolving Credit Commitments (subject to the limitations in Section 2.01(a)) and the Borrower may borrow or the Term B-1 Commitments by giving the Administrative Agent notice substantially in the form of Exhibit EXHIBIT B (a “Borrowing Request”"BORROWING REQUEST"), which notice must be received by the Administrative Agent prior to (a) 11:00 a.m.12:00 noon, New York City time, three Business Days prior to the requested Borrowing Date, in the case of a Eurodollar Borrowing, or (b) 11:00 a.m.12:00 noon, New York City time, on the Business Day prior to the requested Borrowing Date, in the case of an ABR Borrowing. The Borrowing Request from the Borrower for each Borrowing shall specify (i) whether the requested Borrowing is to be a Revolving Credit Borrowing, a First Lien Term Borrowing or a Second Lien Term B-1 Borrowing, (ii) the amount to be borrowed, (iii) the requested Borrowing Date (which must be the Amendment Effective Date, in the case of a Term B-1 Borrowing), (iv) whether the Borrowing is to be of Eurodollar Loans or ABR Loans, (v) if the Borrowing is to be of Eurodollar Loans, the length of the initial Interest Period therefor, and (vi) the location and number of the Borrower’s 's account to which funds are to be disbursed, which shall comply with the requirements of this Agreement. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Notwithstanding the foregoing, all Borrowings on the Original Effective Date shall be ABR Loans.

Appears in 1 contract

Samples: Credit Agreement (Polymer Group Inc)

Procedure for Borrowing. (a) The Borrower may borrow under the Revolving Credit Commitments (subject during the Commitment Period on any Business Day, provided that the Borrower shall deliver to the limitations in Section 2.01(a)) and the Borrower may borrow the Term B-1 Commitments by giving the Administrative Agent notice substantially in the form of Exhibit B an irrevocable Requisition (a “Borrowing Request”), which notice Requisition must be received by the Administrative Agent prior to (a) 11:00 a.m.12:00 Noon, New York City time, three Business Days prior to the requested Borrowing Date, unless the borrowing is to be entirely ABR Loans, in which event such Requisition must be received one Business Day prior to the requested Borrowing Date), specifying (i) the amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether the borrowing is to be of Eurodollar Loans, ABR Loans or a combination thereof and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Periods therefor. Each borrowing under the Commitments (other than borrowings of Interest Payment Loans) shall be in an amount equal to (x) in the case of ABR Loans, at least $500,000 or a whole multiple of $100,000 in excess thereof (or if less, the Total Available Commitments or the amount representing Property Acquisition Costs for any Property) and (y) in the case of Eurodollar BorrowingLoans, at least $500,000 or (b) 11:00 a.m.a whole multiple of $100,000 in excess thereof. Upon receipt of any such Requisition from the Borrower, the Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available to the Agent for the account of the Borrower at the office of the Agent specified in Section 9.2 prior to 12:00 Noon, New York City time, on the Business Day prior Borrowing Date requested by the Borrower in funds immediately available to the requested Borrowing Date, Agent. Such borrowing will then be made available to the Borrower by the Agent crediting an account designated by the Borrower on the books of such office with the aggregate of the amounts made available to the Agent by the Lenders and in like funds as received by the case of an ABR BorrowingAgent. The Borrowing Request from the Borrower for may submit no more than three (3) Requisitions in any calendar month in total; each Borrowing shall specify (i) whether the requested Borrowing is to Requisition may be a Revolving Credit Borrowing or a Term B-1 Borrowing, (ii) the amount to be borrowed, (iii) the requested Borrowing Date (which must be the Amendment Effective Date, in the case of a Term B-1 Borrowing), (iv) whether the Borrowing is to be of Eurodollar Loans or ABR Loans, (v) if the Borrowing is to be of Eurodollar Loans, the length of the initial Interest Period therefor, and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of this Agreement. If no election applied as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified either Project Costs or Property Acquisition Costs or both but with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period a maximum of one Project Cost Requisition per month’s duration. Notwithstanding the foregoing, all Borrowings on the Original Effective Date shall be ABR Loans.

Appears in 1 contract

Samples: Credit Agreement (Kindercare Learning Centers Inc /De)

Procedure for Borrowing. (a) 16. The Borrower may borrow (i) under the applicable Revolving Credit Commitments during the applicable Revolving Commitment Period on any Business Day and (subject to ii) the limitations Amendment No. 8 SISO Term Loans in Section 2.01(a)) and a single draw on the Amendment No. 8 Effective Date; provided that the Borrower may borrow the Term B-1 Commitments by giving shall give the Administrative Agent irrevocable written notice substantially in the form of Exhibit B (a “Borrowing Request”), which notice must be received by the Administrative Agent in the case of Eurocurrency Loans denominated in Dollars, prior to (a) 11:00 a.m.12:00 Noon, New York City time, three Business Days prior to the requested Borrowing Date, or in the case of a Eurodollar BorrowingABR Loans up to $40 million, or (b) 11:00 prior to 10:00 a.m., New York City time, on the proposed Borrowing Date, or in the case of ABR Loans in excess of $40 million, prior to 1:00 p.m., New York City time, one Business Day prior to the requested proposed Borrowing Date), in the case of an ABR Borrowing. The Borrowing Request from the Borrower for each Borrowing shall specify specifying (i) whether the requested Borrowing is to be a Revolving Credit Borrowing or a Term B-1 Borrowing, (iiw) the amount and Type of Loans to be borrowed, (iiix) the requested Borrowing Date (which must be the Amendment Effective Date, and (y) in the case of a Term B-1 Borrowing), (iv) whether the Borrowing is to be of Eurodollar Loans or ABR Loans, (v) if the Borrowing is to be of Eurodollar Eurocurrency Loans, the length respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor; provided, further, that if the Borrower wishes to request Eurocurrency Loans having an Interest Period other than one, three or six months in duration as provided in the definition of “Interest Period,” the applicable notice must be received by the Administrative Agent not later than 11:00 a.m. four Business Days prior to the requested date of such borrowing, conversion or continuation, whereupon the Administrative Agent shall give prompt notice to the appropriate Lenders of such request and determine whether the requested Interest Period is acceptable to all of them. Not later than 11:00 a.m., three Business Days before the requested date of such borrowing, conversion or continuation, the Administrative Agent shall notify the Borrower (which notice may be by telephone) whether or not the requested Interest Period has been consented to by all the Lenders. Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans, $250,000 or a whole multiple of $100,000 in excess thereof (or, if the then aggregate Available Revolving Commitments of Revolving Lenders in respect of any Tranche are less than $250,000, such lesser amount with respect to borrowings under such Tranche) and (viy) in the location and number case of Eurocurrency Loans, the Borrowing Minimum or a whole multiple of the Borrowing Multiple in excess thereof. Upon receipt of any such notice from the Borrower’s , the Administrative Agent shall promptly notify each applicable Lender thereof. Each applicable Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to which 3:00 p.m., New York City time, on the Borrowing Date requested by the Borrower in funds are immediately available to the Administrative Agent. Such borrowing will then be disbursed, which shall comply made available to the Borrower by the Administrative Agent crediting the account designated in writing by the Borrower to the Administrative Agent with the requirements aggregate of this Agreementthe amounts made available to the Administrative Agent by such Lenders and in like funds as received by the Administrative Agent. If no election as to the Type of Borrowing a Loan is specified, then the requested Borrowing Loan shall be an ABR BorrowingLoan. If no Interest Period is specified with respect to any requested Eurodollar BorrowingEurocurrency Loan, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Notwithstanding the foregoing, all Borrowings on the Original Effective Date Each Swingline Loan shall be ABR Loansmade in accordance with the procedures set forth in Section 2.6.

Appears in 1 contract

Samples: Collateral Agreement (Revlon Consumer Products Corp)

Procedure for Borrowing. (a) The Borrower may borrow under the Revolving Credit Commitments or the Term B Commitments (in each case subject to the limitations in Section 2.01(a)) and the by Borrower may borrow the Term B-1 Commitments by giving the Administrative Agent notice substantially in the form of Exhibit B (each, a “Borrowing Request”), which notice must be received by the Administrative Agent prior to (a) 11:00 a.m., New York City time, three on the third Business Days Day prior to the requested Borrowing Date, in the case of a Eurodollar Borrowing, or (b) 11:00 a.m.12:00 noon, New York City time, on the Business Day prior to the requested Borrowing Date, in the case of an ABR Borrowing. The Each Borrowing Request from the Borrower for each Borrowing shall specify (i) whether the requested Borrowing is to be a Revolving Credit Borrowing or a Term B-1 B Borrowing, (ii) the amount to be borrowed, (iii) the requested Borrowing Date (which must be the Amendment Effective Datea Business Day and, in the case of a Term B-1 B Borrowing, which must be the Effective Date or the applicable Delayed Draw Closing Date), (iv) whether the Borrowing is to be of Eurodollar Loans or ABR Loans, (v) if the Borrowing is to be of Eurodollar Loans, the length of the initial Interest Period therefor, and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of this Agreement. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Notwithstanding the foregoing, all Borrowings on the Original Effective Date shall be ABR Loans.

Appears in 1 contract

Samples: Credit Agreement (Lakers Holding Corp.)

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