Procedure for Revolving Loan Borrowing. The Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 11:00 A.M., New York City time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) the requested Borrowing Date, in the case of ABR Loans) (provided that any such notice of a borrowing of ABR Loans to finance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount, Class and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative Agent. Each borrowing of Revolving Loans shall be in an amount equal to (x) in the case of ABR Loans, $500,000 or a whole multiple of $100,000 in excess thereof and (y) in the case of Eurodollar Loans, $3,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings of Revolving Loans that are ABR Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender of the applicable Class thereof. Each Lender of the applicable Class 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 1:00 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 the Administrative Agent by the Lenders and in like funds as received by the Administrative Agent.
Appears in 6 contracts
Sources: Credit Agreement (ESH Hospitality, Inc.), Credit Agreement (ESH Hospitality, Inc.), Credit Agreement (ESH Hospitality, Inc.)
Procedure for Revolving Loan Borrowing. The Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 11:00 A.M.12:00 Noon, New York City time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of ABR Loans) (provided that any such notice of a borrowing of ABR Loans under the Revolving Facility to finance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount, Class amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative AgentLoans. Each borrowing of under the Revolving Loans Commitments shall be in an amount equal to (x) in the case of ABR Loans, $500,000 1,000,000 or a whole multiple of thereof (or, if the then aggregate Available Revolving Commitments are less than $100,000 in excess thereof 1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings of Revolving Loans that are ABR Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender of the applicable Class thereof. Each Revolving Lender of the applicable Class 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 1:00 P.M.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 Lenders and in like funds as received by the Administrative Agent.
Appears in 6 contracts
Sources: Credit Agreement (Gartner Inc), Credit Agreement (Gartner Inc), Credit Agreement (Gartner Inc)
Procedure for Revolving Loan Borrowing. The Borrower may borrow under the Revolving Commitments during the Revolving Commitment Availability Period on any Business Day, ; provided that the Borrower shall give the Administrative Agent irrevocable notice substantially in the form of Exhibit B-1 (which notice must be received by the Administrative Agent (a) prior to 11:00 A.M.2:00 p.m., New York City time, on the anticipated Closing Date for any Revolving Loans requested to be made on the Closing Date and (b) for any Revolving Loans requested to be made after the Closing Date, prior to 2:00 p.m., New York City time, (ai) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (bii) one (1) Business Day prior to the requested Borrowing Date, in the case of ABR Base Rate Loans) (provided that any such notice of a borrowing of ABR Base Rate Loans to finance payments required by to be made pursuant to Section 3.5 may be given not later than 10:00 A.M.2:00 p.m., New York City time, on the date of the proposed borrowing), specifying (ix) the amount, Class amount and Type of Revolving Loans to be borrowed, (iiy) the requested Borrowing Date and (iiiz) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Loans made on ; provided that prior to the earlier of (a) the Syndication Date and (b) the date that is 60 days after the Closing Date Date, any Revolving Loan that is a Eurodollar Loan shall initially be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative Agenthave an Interest Period of one (1) month. Each borrowing of under the Revolving Loans Commitments shall be in an amount equal to (x) in the case of ABR Base Rate Loans, $250,000 or a multiple of $100,000 in excess thereof (or, if the then aggregate Available Revolving Commitments are less than $250,000 or $100,000, as the case may be, such lesser amounts) and (y) in the case of Eurodollar Loans, $500,000 or a whole multiple of $100,000 in excess thereof and (y) in or, if the then aggregate Available Revolving Commitments are less than $500,000 or $100,000, as the case of Eurodollar Loansmay be, $3,000,000 or a whole multiple of $1,000,000 in excess thereofsuch lesser amounts); provided, provided that (x) the Swingline Lender may request, on behalf of the Borrower, borrowings of under the Revolving Loans Commitments that are ABR Base Rate Loans in other amounts pursuant to Section 2.43.4 and (y) borrowings of Base Rate Loans pursuant to Section 3.11 shall not be subject to the foregoing minimum amounts. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender of the applicable Class thereof. Each Revolving Lender of the applicable Class 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 1:00 P.M.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 The Administrative Agent shall make the proceeds of such Revolving Loan available to the Borrower on such Borrowing Date by wire transfer of immediately available funds to a bank account designated in writing 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 6 contracts
Sources: Credit Agreement (INC Research Holdings, Inc.), Credit Agreement (INC Research Holdings, Inc.), Credit Agreement (INC Research Holdings, Inc.)
Procedure for Revolving Loan Borrowing. The Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, ; provided that the Borrower shall give the Administrative Agent irrevocable written notice (which notice must be received by the Administrative Agent (i) in the case of Eurocurrency Loans, prior to 11:00 A.M.12:00 Noon, New York City time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, Date or (bii) the requested Borrowing Date, in the case of ABR Loans) (provided that any such notice of a borrowing of ABR Loans , prior to finance payments required by Section 3.5 may be given not later than 10:00 A.M.12:00 Noon, New York City time, on the date of one Business Day prior to the proposed borrowingBorrowing Date), specifying (ix) the amount, Class amount and Type of Revolving Loans to be borrowed, (iiy) the requested Borrowing Date and (iiiz) in the case of Eurodollar Eurocurrency Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any The aggregate principal amount of all Revolving Loans made on the Closing Date shall initially be ABR Loans unless not exceed $25,000,000 (which amount, for the Borrower has provided to avoidance of doubt, shall not include the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative Agentface amount of any outstanding Letters of Credit). Each borrowing of by the Borrower under the Revolving Loans Commitments shall be in an amount equal to (x) in the case of ABR Loans, $500,000 1,000,000 or a whole multiple of $100,000 in excess thereof (or, if the then aggregate Available Revolving Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Eurocurrency Loans, $3,000,000 1,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof; provided, provided that the Swingline Lender may request, on behalf of the Borrower, borrowings of under the Revolving Loans Commitments that are ABR Loans in other amounts pursuant to Section 2.42.7(a). Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender of the applicable Class thereof. Each Revolving Lender of the applicable Class 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 1:00 P.M.11:00 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 be made available to the Borrower by the Administrative Agent crediting the account of designated in writing by the Borrower on to the books of such office Administrative Agent with the aggregate of the amounts made available to the Administrative Agent by the such Revolving Lenders and in like funds as received by the Administrative Agent. If no election as to the Type of a Revolving Loan is specified, then the requested Loan shall be an ABR Loan. If no Interest Period is specified with respect to any requested Eurocurrency Loan, the Borrower shall be deemed to have selected an Interest Period of one month’s duration.
Appears in 6 contracts
Sources: Credit Agreement (Booz Allen Hamilton Holding Corp), Credit Agreement (Booz Allen Hamilton Holding Corp), Credit Agreement (Booz Allen Hamilton Holding Corp)
Procedure for Revolving Loan Borrowing. The Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day; provided, provided that the Borrower shall give the Administrative Agent irrevocable notice (notice, which notice must be received by the Administrative Agent prior to 11:00 A.M.1:00 p.m., New York City time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of ABR Loans) (provided that any such notice of a borrowing of ABR Base Rate Loans to finance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, on the date of the proposed borrowing), specifying and which shall specify (i) the amount, Class amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative Agent. Each borrowing of under the Revolving Loans Commitments shall be in an amount equal to (x) in the case of ABR Base Rate Loans, $500,000 1,000,000 or a whole multiple of $100,000 in excess thereof and (y) in the case of Eurodollar Loans, $3,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings of Revolving Loans that are ABR Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender of the applicable Class thereof. Each Revolving Lender of the applicable Class 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 1:00 P.M.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 amounts will then be made available to the Borrower by the Administrative Agent crediting the an account of the Borrower on the books of such office with the aggregate of the amounts made available to maintained by the Administrative Agent by the Lenders and Agent, in like amounts and funds as received by the Administrative Agent.
Appears in 5 contracts
Sources: Credit Agreement (IAA, Inc.), Incremental Commitment Agreement and Second Amendment (KAR Auction Services, Inc.), Incremental Commitment Agreement (KAR Auction Services, Inc.)
Procedure for Revolving Loan Borrowing. The Borrower Borrowers may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, ; provided that the applicable Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 11:00 A.M., New York City time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Term Benchmark Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of ABR Loans) (provided that any such notice of a borrowing of ABR Loans under the Revolving Facility to finance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount, Class amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Term Benchmark Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Notwithstanding the foregoing, the Parent Borrower may request Revolving Loans to be made on the Closing Date shall initially be ABR Loans unless the Borrower has provided pursuant to irrevocable written notice to the Administrative Agent and prior to 11:00 A.M., New York City time (or such later time as may be agreed by the Lenders a funding indemnity Administrative Agent in form and substance reasonably satisfactory its sole discretion) at least one (1) Business Day prior to the Administrative AgentClosing Date, which such Revolving Loans shall initially be Loans of any Type. Each borrowing of under the Revolving Loans Commitments shall be in an amount equal to (x) in the case of ABR Loans, $500,000 1,000,000 or a whole multiple of thereof (or, if the then aggregate Available Revolving Commitments are less than $100,000 in excess thereof 1,000,000, such lesser amount) and (y) in the case of Eurodollar Term Benchmark Loans, $3,000,000 2,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof; provided, that the any Swingline Lender may request, on behalf of the applicable Borrower, borrowings of under the Revolving Loans Commitments that are ABR Loans in other amounts pursuant to Section 2.42.7. Upon receipt of any such notice from the a Borrower, the Administrative Agent shall promptly notify each Revolving Lender of the applicable Class thereof. Each Revolving Lender of the applicable Class will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the applicable Borrower at the Funding Office prior to 1:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the applicable Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the applicable Borrower by the Administrative Agent crediting the account of the applicable Borrower on specified in the books notice of such office borrowing or other written instruction from the applicable Borrower to the Administrative Agent with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.
Appears in 4 contracts
Sources: Credit Agreement (Ultra Clean Holdings, Inc.), Credit Agreement (Ultra Clean Holdings, Inc.), Credit Agreement (Ultra Clean Holdings, Inc.)
Procedure for Revolving Loan Borrowing. The Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 11:00 A.M., New York City time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of ABR Loans) (provided that any such notice of a borrowing of ABR Loans under the Revolving Facility to finance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount, Class amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Loans made on the Closing Date shall initially be ABR Loans and, unless the Borrower has provided to otherwise agreed by the Administrative Agent and the Lenders in its sole discretion, no Revolving Loan may be made as, converted into or continued as a funding indemnity Eurodollar Loan having an Interest Period in form and substance reasonably satisfactory excess of one month prior to the Administrative Agentdate that is 60 days after the Closing Date. Each borrowing of under the Revolving Loans Commitments shall be in an amount equal to (x) in the case of ABR Loans, $500,000 1,000,000 or a whole multiple of thereof (or, if the then aggregate Available Revolving Commitments are less than $100,000 in excess thereof 1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings of under the Revolving Loans Commitments that are ABR Loans in other amounts pursuant to Section 2.42.7. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender of the applicable Class thereof. Each Revolving Lender of the applicable Class 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 1:00 P.M.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 Lenders and in like funds as received by the Administrative Agent.
Appears in 4 contracts
Sources: Credit Agreement (Universal Health Services Inc), Credit Agreement (Universal Health Services Inc), Credit Agreement (SunCoke Energy, Inc.)
Procedure for Revolving Loan Borrowing. The Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent (a) prior to 11:00 A.M.12:00 Noon, New York City time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) prior to 11:00 A.M., New York City time, on the requested Borrowing Date, in the case of ABR Loans) (provided that any such notice of a borrowing of ABR Loans to finance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount, Class amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative Agent. Each borrowing of Revolving Loans under the Commitments shall be in an amount equal to (x) in the case of ABR Loans, $500,000 1,000,000 or a whole multiple of $100,000 500,000 in excess thereof and (y) in or, if the case of Eurodollar Loansthen aggregate Available Commitments are less than $1,000,000, $3,000,000 or a whole multiple of $1,000,000 in excess thereofsuch lesser amount); provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings of Revolving Loans under the Commitments that are ABR Loans in other amounts pursuant to Section 2.42.5. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender of the applicable Class thereof. Each Lender of the applicable Class 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 1:00 P.M.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 Lenders and in like funds as received by the Administrative Agent.
Appears in 4 contracts
Sources: Credit Agreement (PG&E Corp), Credit Agreement (PG&E Corp), Credit Agreement (Pg&e Corp)
Procedure for Revolving Loan Borrowing. The Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day; provided, provided that the Borrower shall give the Administrative Agent irrevocable notice in the form of Exhibit F (which notice must be received by the Administrative Agent prior to 11:00 A.M.(a) 12:00 Noon, New York City time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) 12:00 Noon, New York City time on the Business Day of the requested Borrowing Date, in the case of ABR Loans) (provided that any such notice of a borrowing of ABR Loans to finance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount, Class amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative Agent. Each borrowing of under the Revolving Loans Commitments shall be in an amount equal to (x) in the case of ABR Loans, $500,000 or a whole multiple of thereof (or, if the then aggregate Available Revolving Commitments are less than $100,000 in excess thereof 500,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 2,500,000 or a whole multiple of $1,000,000 500,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings of Revolving Loans that are ABR Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender of the applicable Class thereof. Each Revolving Lender of the applicable Class 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 1:00 12:00 Noon (or in the case of ABR Loans borrowed on same day notice, 2:30 P.M.), New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Notwithstanding the foregoing, solely with respect to the Revolving Loans made on the Closing Date (other than ABR Loans made on same day notice), not later than 9:00 A.M., New York City time, on the Closing Date each Revolving Lender shall make available to the Administrative Agent at the Funding Office an amount in immediately available funds equal to its pro rata share of such Revolving Loans; provided, that if any Revolving Lender has not funded its pro rata share of such Revolving Loans by 9:00 A.M., New York City time on the Closing Date and has not indicated to the Administrative Agent that it will not be funding its pro rata share of such Revolving Loans, the Administrative Agent is authorized to advance such Revolving Lender’s pro rata share of such Revolving Loans; provided further, that such Revolving Lender shall fund its pro rata share of applicable Revolving Loans (including any ABR Loans made on same day notice) no later than 12:00 Noon (or in the case of ABR Loans borrowed on same day notice, 2:30 P.M.), New York City time on the Closing Date. 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 4 contracts
Sources: Credit Agreement (WEB.COM Group, Inc.), Credit Agreement (WEB.COM Group, Inc.), Credit Agreement (WEB.COM Group, Inc.)
Procedure for Revolving Loan Borrowing. The Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 11:00 A.M., New York City time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) the requested Borrowing Date, in the case of ABR Loans) (provided that any such notice of a borrowing of ABR Loans to finance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount, Class and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative Agent. Each borrowing of Revolving Loans shall be in an amount equal to (x) in the case of ABR Loans, $500,000 1,000,000 or a whole multiple of $100,000 1,000,000 in excess thereof and (y) in the case of Eurodollar Loans, $3,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings of Revolving Loans that are ABR Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender of the applicable Class thereof. Each Lender of the applicable Class 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 1:00 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 the Administrative Agent by the Lenders and in like funds as received by the Administrative Agent.
Appears in 4 contracts
Sources: Credit Agreement (ESH Hospitality, Inc.), Credit Agreement (ESH Hospitality, Inc.), Credit Agreement (ESH Hospitality, Inc.)
Procedure for Revolving Loan Borrowing. The Borrower Borrowers may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, ; provided that the applicable Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 11:00 A.M., New York City time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of ABR Loans) (provided that any such notice of a borrowing of ABR Loans under the Revolving Facility to finance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount, Class amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Notwithstanding the foregoing, the Parent Borrower may request Revolving Loans to be made on the Closing Date shall initially be ABR Loans unless the Borrower has provided pursuant to irrevocable written notice to the Administrative Agent and prior to 11:00 A.M., New York City time (or such later time as may be agreed by the Lenders a funding indemnity Administrative Agent in form and substance reasonably satisfactory its sole discretion) at least one (1) Business Day prior to the Closing Date, which such Revolving Loans shall initially be Loans of any Type; provided that, unless otherwise agreed by the Administrative AgentAgent in its sole discretion, no Revolving Loan may be made as, converted into or continued as a Eurodollar Loan having an Interest Period in excess of one month prior to the date that is 60 days after the Closing Date. Each borrowing of under the Revolving Loans Commitments shall be in an amount equal to (x) in the case of ABR Loans, $500,000 1,000,000 or a whole multiple of thereof (or, if the then aggregate Available Revolving Commitments are less than $100,000 in excess thereof 1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 2,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof; provided, that the any Swingline Lender may request, on behalf of the applicable Borrower, borrowings of under the Revolving Loans Commitments that are ABR Loans in other amounts pursuant to Section 2.42.7. Upon receipt of any such notice from the a Borrower, the Administrative Agent shall promptly notify each Revolving Lender of the applicable Class thereof. Each Revolving Lender of the applicable Class will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the applicable Borrower at the Funding Office prior to 1:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the applicable Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the applicable Borrower by the Administrative Agent crediting the account of the applicable Borrower on specified in the books notice of such office borrowing or other written instruction from the applicable Borrower to the Administrative Agent with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.
Appears in 3 contracts
Sources: Credit Agreement (Ultra Clean Holdings, Inc.), Credit Agreement (Ultra Clean Holdings, Inc.), Credit Agreement (Ultra Clean Holdings, Inc.)
Procedure for Revolving Loan Borrowing. The Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, ; provided that the Borrower shall give the Administrative Agent irrevocable notice (notice, which notice must be received by the Administrative Agent prior to 11:00 A.M.1:00 p.m., New York City time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of ABR Loans) (provided that any such notice of a borrowing of ABR Base Rate Loans to finance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, on the date of the proposed borrowing), specifying and which shall specify (i) the amount, Class amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative Agent. Each borrowing of under the Revolving Loans Commitments shall be in an amount equal to (x) in the case of ABR Base Rate Loans, $500,000 1,000,000 or a whole multiple of $100,000 in excess thereof and (y) in the case of Eurodollar Loans, $3,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings of Revolving Loans that are ABR Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender of the applicable Class thereof. Each Revolving Lender of the applicable Class 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 1:00 P.M.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 amounts will then be made available to the Borrower by the Administrative Agent crediting the an account of the Borrower on the books of such office with the aggregate of the amounts made available to maintained by the Administrative Agent by the Lenders and Agent, in like amounts and funds as received by the Administrative Agent.
Appears in 3 contracts
Sources: Credit Agreement (Auto Disposal of Memphis, Inc.), Credit Agreement (Adesa California, LLC), Credit Agreement (Carbuyco, LLC)
Procedure for Revolving Loan Borrowing. The Borrower may borrow up to the Available Revolving Commitment under the Revolving Commitments during the Revolving Commitment Period on any Business Day, ; provided that the Borrower shall give the Administrative Agent an irrevocable notice Notice of Borrowing (which notice must be received by the Administrative Agent prior to 11:00 A.M.1:00 P.M., New York City Eastern time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one (1) Business Day prior to the requested Borrowing Date, in the case of ABR LoansLoans (in each case, with originals to follow within three (3) Business Days)) (provided that any such notice Notice of a borrowing Borrowing of ABR Loans under the Revolving Facility to finance payments required by under Section 3.5 3.5(a) may be given not later than 10:00 A.M.1:00 P.M., New York City Eastern time, on the date of the proposed borrowing), in each such case specifying (i) the amount, Class amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and Date, (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor, and (iv) instructions for remittance of the proceeds of the applicable Loans to be borrowed. Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless the Borrower has provided to Unless otherwise agreed by the Administrative Agent and the Lenders in its sole discretion, no Revolving Loan may be made as, converted into or continued as a funding indemnity Eurodollar Loan having an Interest Period in form and substance reasonably satisfactory excess of one month prior to the Administrative Agentdate that is 30 days after the Closing Date. Each borrowing of, conversion to or continuation of a Eurodollar Loan shall be in a principal amount of $1,000,000 or a whole multiple of $100,000 in excess thereof (or, if the then aggregate Available Revolving Commitments are less than $1,000,000, such lesser amount). Except as provided in Sections 3.5(b) and 2.7(b), each borrowing of or conversion to ABR Loans shall be in an a principal amount equal to (x) in the case of ABR Loans, $500,000 or a whole multiple of $100,000 in excess thereof and (y) in or, if the case of Eurodollar Loansthen aggregate Available Revolving Commitments are less than $1,000,000, $3,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings of Revolving Loans that are ABR Loans in other amounts pursuant to Section 2.4such lesser amount). Upon receipt of any such notice Notice of Borrowing from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender of the applicable Class thereof. Each Revolving Lender of the applicable Class will make the amount of its pro rata share of each such borrowing available to the Administrative Agent for the account of the Borrower at the Revolving Loan Funding Office prior to 1:00 P.M., New York City Eastern 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 such account as is designated in writing to the account of Administrative Agent by the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent. No Revolving Loan which constitutes a Eurodollar Loan will be made on the Closing Date.
Appears in 3 contracts
Sources: Credit Agreement (Alarm.com Holdings, Inc.), Credit Agreement (Alarm.com Holdings, Inc.), Credit Agreement (Alarm.com Holdings, Inc.)
Procedure for Revolving Loan Borrowing. The Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 11:00 A.M.12:00 Noon, New York City time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of ABR Base Rate Loans) (provided that any such notice of a borrowing of ABR Base Rate Loans to finance payments required by to be made pursuant to Section 3.5 may be given not later than 10:00 A.M.12:00 Noon, New York City time, on the date of the proposed borrowing), specifying (i) the amount, Class amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative Agent. Each borrowing of under the Revolving Loans Commitments shall be in an amount equal to (x) in the case of ABR Base Rate Loans, $500,000 1,000,000 or a whole multiple of thereof (or, if the then aggregate Available Revolving Commitments are less than $100,000 in excess thereof 1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that (x) the Swingline Lender may request, on behalf of the Borrower, borrowings of under the Revolving Loans Commitments that are ABR Base Rate Loans in other amounts pursuant to Section 2.43.4 and (y) borrowings of Base Rate Loans pursuant to Section 3.11 shall not be subject to the foregoing minimum amounts. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender of the applicable Class thereof. Each Revolving Lender of the applicable Class 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 1:00 P.M.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 on such Borrowing Date 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 3 contracts
Sources: Amendment and Restatement Agreement (Metropcs Communications Inc), Amendment and Restatement Agreement (Metropcs Communications Inc), Credit Agreement (Metropcs Communications Inc)
Procedure for Revolving Loan Borrowing. The (a) Any Borrower may borrow under the Available Revolving Commitments in Dollars during the Revolving Commitment Period on any Business Day, provided that the such Borrower shall give the Administrative Agent irrevocable notice notice, substantially in the form of Exhibit H (which notice must be received by the Administrative Agent prior to 11:00 A.M.(i) 3:00 P.M., New York City time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Eurocurrency Loans, or (bii) 1:00 P.M., New York City time, on the requested Borrowing Date, in the case of ABR Loans) (provided that any such notice of a borrowing of ABR Loans under the Revolving Facility to finance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, on the date of the proposed borrowing), specifying (iA) the amountapplicable Borrower, Class (B) the amount and Type of Revolving Loans to be borrowed, (iiC) the requested Borrowing Date and (iiiD) in the case of Eurodollar Eurocurrency Loans, the respective amounts of each such Type of Loan (and the respective lengths of the initial Interest Period therefor. Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative Agent). Each borrowing of under the Revolving Loans Commitments in Dollars shall be in an amount equal to (x) in the case of ABR Loans, $500,000 or a whole multiple of $100,000 in excess thereof (or, if the then aggregate Available Revolving Commitments are less than $500,000, such lesser amount) and (y) in the case of Eurodollar Eurocurrency Loans, $3,000,000 5,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the BorrowerBorrowers, borrowings of under the Revolving Loans Commitments that are ABR Loans in other amounts pursuant to Section 2.42.7. Upon receipt of any such notice from the applicable Borrower, the Administrative Agent shall promptly notify each Revolving Lender of the applicable Class thereof. Each Revolving Lender of the applicable Class will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the applicable Borrower at the Funding Office prior to 1:00 2:30 P.M., New York City time, on the Borrowing Date requested by the applicable Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the applicable Borrower by the Administrative Agent crediting the account of the applicable Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.
(b) Any Borrower may borrow under the Available Revolving Commitments in any Foreign Currency during the Revolving Commitment Period on any Business Day; provided that such Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 2:00 P.M., Local Time, three Business Days prior to the requested Borrowing Date), specifying (i) the applicable Borrower, (ii) the amount of Foreign Currency Loans to be borrowed, (iii) the Foreign Currency in which such Foreign Currency Loans will be denominated, (iv) the requested Borrowing Date, (v) the length of the initial Interest Period therefor and (vi) the applicable account of such Borrower to which such funds will be credited or disbursed. Upon receipt of any such notice from the applicable Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each borrowing of Foreign Currency Loans in a particular Foreign Currency shall be in a minimum amount as set forth on the Administrative Schedule. With respect to any borrowing of Foreign Currency Loans, the Foreign Currency Loan of each Revolving Lender shall be in an amount equal to its Revolving Percentage of the applicable borrowing. On each Borrowing Date, each Revolving Lender will make the amount of its share of such borrowing available to the Administrative Agent at the applicable office specified on the Administrative Schedule, prior to the time specified on the Administrative Schedule for the relevant Foreign Currency, in the relevant Foreign Currency in funds immediately available. Such borrowing will then be made available to the applicable Borrower in like funds as received by the Administrative Agent, by the Administrative Agent crediting or disbursing the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders to the account set forth by the applicable Borrower in the applicable borrowing notice.
Appears in 3 contracts
Sources: Credit Agreement (Tempur Sealy International, Inc.), Credit Agreement (Tempur Sealy International, Inc.), Credit Agreement (Tempur Sealy International, Inc.)
Procedure for Revolving Loan Borrowing. The Borrower Borrowers may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the applicable Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 11:00 A.M., New York City time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of ABR Loans) (provided that any such notice of a borrowing of ABR Loans under the Revolving Facility to finance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount, Class amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative Agent. Each borrowing of under the Revolving Loans Commitments shall be in an amount equal to (x) in the case of ABR Loans, $500,000 1,000,000 or a whole multiple of thereof (or, if the then aggregate Available Revolving Commitments are less than $100,000 in excess thereof 1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Swing line Lender may request, on behalf of the any Borrower, borrowings of under the Revolving Loans Commitments that are ABR Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the a Borrower, the Administrative Agent shall promptly notify each Revolving Lender of the applicable Class thereof. Each Revolving Lender of the applicable Class will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the applicable Borrower at the Funding Office prior to 1:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the such Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the applicable Borrower by the Administrative Agent crediting the account of the applicable Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.
Appears in 3 contracts
Sources: Credit Agreement (SunCoke Energy Partners, L.P.), Credit Agreement (SunCoke Energy Partners, L.P.), Credit Agreement (SunCoke Energy Partners, L.P.)
Procedure for Revolving Loan Borrowing. The Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 11:00 A.M., New York City Charlotte time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of ABR Loans) (provided that any such notice of a borrowing of ABR Loans to finance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount, Class amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative Agent. Each borrowing of under the Revolving Loans Commitments shall be in an amount equal to (x) in the case of ABR Loans, $500,000 1,000,000 or a whole multiple of thereof (or, if the then aggregate Available Revolving Commitments are less than $100,000 in excess thereof 1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 2,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings of under the Revolving Loans Commitments that are ABR Loans in other amounts pursuant to Section 2.42.7. Upon receipt of any such notice from the BorrowerBorrower pursuant to the first sentence of this Section 2.5, the Administrative Agent shall promptly notify each Revolving Lender of the applicable Class thereof. Each Subject to Section 2.1(e), each Revolving Lender of the applicable Class 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 1:00 2:00 P.M., New York City Charlotte 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 3 contracts
Sources: Credit Agreement (Mq Associates Inc), Credit Agreement (Mq Associates Inc), Credit Agreement (Mq Associates Inc)
Procedure for Revolving Loan Borrowing. The Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Designated Agent irrevocable notice (which notice must be received by the Administrative Designated Agent (a) prior to 11:00 A.M.12:00 Noon, New York City time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Term Benchmark Loans, or (b) prior to 1:00 P.M., New York City time, on the requested Borrowing Date, in the case of ABR Loans) (; provided that any such notice of a borrowing of ABR Loans to finance payments required by Section 3.5 may be given not later than 10:00 A.M.incurred on the Effective Date must be received prior to 1:00 P.M., New York City time, on one Business Day prior to the date of the proposed borrowing), Effective Date) specifying (i) the amount, Class amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Term Benchmark Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative Agent. Each borrowing of Revolving Loans under the Commitments shall be in an amount equal to (x) in the case of ABR Loans, $500,000 1,000,000 or a whole multiple of $100,000 500,000 in excess thereof and (y) in or, if the case of Eurodollar Loansthen aggregate Available Commitments are less than $1,000,000, $3,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings of Revolving Loans that are ABR Loans in other amounts pursuant to Section 2.4such lesser amount). Upon receipt of any such notice from the Borrower, the Administrative Designated Agent shall promptly notify each Lender of the applicable Class thereof. Each Lender of the applicable Class will make the amount of its pro rata share of each borrowing available to the Administrative Designated Agent for the account of the Borrower at the Funding Office prior to 1:00 3:00 P.M., New York City time (or, for any borrowing to occur on the Effective Date, 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 Designated Agent. Such borrowing will then be made available to the Borrower by the Administrative Designated Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Designated Agent by the Lenders and in like funds as received by the Administrative Designated Agent.
Appears in 3 contracts
Sources: Credit Agreement (PACIFIC GAS & ELECTRIC Co), Credit Agreement (PACIFIC GAS & ELECTRIC Co), Credit Agreement (PG&E Corp)
Procedure for Revolving Loan Borrowing. The Borrower may borrow In order to effect a borrowing under the Revolving Commitments during the Revolving Commitment Period on any Business DayFacility, provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 11:00 A.M.2:00 P.M., New York City time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of ABR Loans) (provided that any such notice of a borrowing of ABR Loans to finance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount, Class amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period Periods therefor. Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative Agent. Each borrowing of Revolving Loans shall be in an aggregate amount equal to (xw) in the case of ABR Loans, $500,000 5,000,000 or a whole multiple of $100,000 1,000,000 in excess thereof (or, if the then aggregate Available Revolving Commitments are less than $5,000,000, such lesser amount) and (yx) in the case of Eurodollar Loans, $3,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings of under the Revolving Loans Commitments that are ABR Loans in other amounts pursuant to Section 2.42.8. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender of the applicable Class thereof. Each Lender of the applicable Class 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 1:00 P.M.Not later than 12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower in funds immediately Borrower, each Revolving Lender shall make available to the Administrative Agent. Such borrowing will then Agent at the Funding Office an amount in immediately available funds equal to the Revolving Loan to be made available to the Borrower by the such Revolving Lender. The Administrative Agent crediting shall promptly credit the account of the Borrower on the books of such office of the Administrative Agent with the aggregate of the amounts made available to the Administrative Agent by the Lenders and Revolving Lenders, in like funds as received by the Administrative Agenteach case in immediately available funds.
Appears in 3 contracts
Sources: Credit Agreement (Tw Telecom Inc.), Amendment and Restatement Agreement (Tw Telecom Inc.), Credit Agreement (Time Warner Telecom Inc)
Procedure for Revolving Loan Borrowing. The Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided provided, that the Borrower shall give the Administrative Agent irrevocable notice in the form of Exhibit D (which notice must be received by the Administrative Agent prior to 11:00 A.M., New York City time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of ABR Loans) (provided provided, that any such notice of a borrowing of ABR Loans under the Revolving Facility to finance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, on the date of the proposed borrowingrequested Borrowing Date), specifying (i) the amount, Class amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative AgentLoans. Each borrowing of under the Revolving Loans Commitments shall be in an amount equal to (x) in the case of ABR Loans, $500,000 1,000,000 or a whole multiple of thereof (or, if the then aggregate Available Revolving Commitments are less than $100,000 in excess thereof 1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 2,500,000 or a whole multiple of $1,000,000 500,000 in excess thereof; provided, that the any Swingline Lender may request, on behalf of the Borrower, borrowings of under the Revolving Loans Commitments that are ABR Loans in other amounts pursuant to Section 2.42.7. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender of the applicable Class thereof. Each Revolving Lender of the applicable Class 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 1:00 P.M.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 Lenders and in like funds as received by the Administrative Agent.
Appears in 3 contracts
Sources: First Lien Credit Agreement (Bioventus Inc.), First Lien Credit Agreement (Bioventus Inc.), First Lien Credit Agreement (Bioventus Inc.)
Procedure for Revolving Loan Borrowing. The Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 11:00 A.M.12:00 Noon, New York City time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of ABR Loans) (provided that any such notice of a borrowing of ABR Loans to finance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount, Class amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative Agent. Each borrowing of Revolving Loans under the Commitments shall be in an amount equal to (x) in the case of ABR Loans, $500,000 1,000,000 or a whole multiple of $100,000 500,000 in excess thereof and (y) in or, if the case of Eurodollar Loansthen aggregate Available Commitments are less than $1,000,000, $3,000,000 or a whole multiple of $1,000,000 in excess thereofsuch lesser amount); provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings of Revolving Loans under the Commitments that are ABR Loans in other amounts pursuant to Section 2.42.5. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender of the applicable Class thereof. Each Lender of the applicable Class 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 1:00 P.M.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 Lenders and in like funds as received by the Administrative Agent.
Appears in 3 contracts
Sources: Credit Agreement (Pacific Gas & Electric Co), Credit Agreement (Pg&e Corp), Credit Agreement (Pacific Gas & Electric Co)
Procedure for Revolving Loan Borrowing. The Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice in the form of Exhibit E (which notice must be received by the Administrative Agent prior to 11:00 A.M., New York City time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of ABR Loans) (provided that any such notice of a borrowing of ABR Loans under the Revolving Facility to finance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount, Class amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Loans made on , and certifying that the Closing Date shall initially be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity conditions set forth in form and substance reasonably satisfactory to the Administrative AgentSection 5.2 are satisfied. Each borrowing of under the Revolving Loans Commitments shall be in an amount equal to (x) in the case of ABR Loans, $500,000 1,000,000 or a whole multiple of thereof (or, if the then aggregate Available Revolving Commitments are less than $100,000 in excess thereof 1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings of under the Revolving Loans Commitments that are ABR Loans in other amounts pursuant to Section 2.42.7. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender of the applicable Class thereof. Each Revolving Lender of the applicable Class 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 1:00 P.M.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 Lenders and in like funds as received by the Administrative Agent.
Appears in 3 contracts
Sources: Revolving Credit and Term Loan Agreement (Medical Properties Trust Inc), Revolving Credit and Term Loan Agreement (Medical Properties Trust Inc), Revolving Credit and Term Loan Agreement (Medical Properties Trust Inc)
Procedure for Revolving Loan Borrowing. The Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, ; provided that the Borrower shall give the Administrative Agent irrevocable notice a fully executed Borrowing Notice (which notice must be received by the Administrative Agent (i) in the case of Eurocurrency Loans, prior to 11:00 A.M.12:00 Noon, New York City time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, Date or (bii) the requested Borrowing Date, in the case of ABR Loans) (provided that any such notice of a borrowing of ABR Loans , prior to finance payments required by Section 3.5 may be given not later than 10:00 A.M.a.m., New York City time, on the date of the proposed borrowingBorrowing Date), specifying (ix) the amount, Class amount and Type of Revolving Loans to be borrowed, (iiy) the requested Borrowing Date and (iiiz) in the case of Eurodollar Eurocurrency Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless Each borrowing by the Borrower has provided to under the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative Agent. Each borrowing of Revolving Loans Commitments shall be in an amount equal to (x) in the case of ABR Loans, $500,000 1,000,000 or a whole multiple of $100,000 in excess thereof (or, if the then aggregate Available Revolving Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Eurocurrency Loans, $3,000,000 1,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof; provided, provided that the Swingline Lender may request, on behalf of the Borrower, borrowings of under the Revolving Loans Commitments that are ABR Loans in other amounts pursuant to Section 2.42.7(a). Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender of the applicable Class thereof. Each Revolving Lender of the applicable Class 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 1:00 P.M.11:00 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 be made available to the Borrower by the Administrative Agent crediting the account of designated in writing by the Borrower on to the books of such office Administrative Agent with the aggregate of the amounts made available to the Administrative Agent by the such Revolving Lenders and in like funds as received by the Administrative Agent. If no election as to the Type of a Revolving Loan is specified, then the requested Loan shall be an ABR Loan. If no Interest Period is specified with respect to any requested Eurocurrency Loan, the Borrower shall be deemed to have selected an Interest Period of one month’s duration.
Appears in 3 contracts
Sources: Credit Agreement (Engility Holdings, Inc.), Credit Agreement (Engility Holdings, Inc.), Credit Agreement (Engility Holdings, Inc.)
Procedure for Revolving Loan Borrowing. (a) The U.S. Borrower may borrow under the U.S. Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the U.S. Borrower shall give the Administrative Agent an irrevocable notice Borrowing Notice (which notice must be received by the Administrative Agent prior to 11:00 A.M.12:00 Noon, New York City time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of ABR Base Rate Loans) (provided that any such notice of a borrowing of ABR Base Rate Loans to finance payments required by to be made pursuant to Section 3.5 may be given not later than 10:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount, Class amount and Type of U.S. Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative Agent. Each borrowing of under the U.S. Revolving Loans Commitments shall be in an amount equal to (x) in the case of ABR Base Rate Loans, $500,000 1,000,000 or a whole multiple of thereof (or, if the then aggregate Available U.S. Revolving Commitments are less than $100,000 in excess thereof 1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that (x) the Swingline U.S. Swing Line Lender may request, on behalf of the U.S. Borrower, borrowings of under the U.S. Revolving Loans Commitments that are ABR Base Rate Loans in other amounts pursuant to Section 2.43.4 and (y) borrowings of Base Rate Loans pursuant to Section 3.11 shall not be subject to the foregoing minimum amounts. Upon receipt of any such notice from the U.S. Borrower, the Administrative Agent shall promptly notify each U.S. Revolving Lender of the applicable Class thereof. Each Subject to the terms and conditions hereof, each U.S. Revolving Lender of the applicable Class will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the U.S. Borrower at the Funding Office prior to 1:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the U.S. Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the U.S. Borrower by the Administrative Agent crediting wiring (pursuant to instructions theretofore delivered to the account of Administrative Agent by the Borrower on the books of such office with U.S. Borrower) the aggregate of the amounts made available to the Administrative Agent by the U.S. Revolving Lenders and in like funds as received by the Administrative Agent.
(b) The Canadian Borrower or the U.S. Borrower may borrow under the Canadian Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Canadian Borrower or the U.S. Borrower shall give the Administrative Agent a Borrowing Notice (which notice must be received by the Administrative Agent prior to 12:00 Noon, Toronto time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, (b) two Business Days prior to the requested Borrowing, in the case of BA Loans, or (c) one Business Day prior to the requested Borrowing Date, in the case of Base Rate Loans and Canadian Prime Rate Loans) (provided that any such notice of a borrowing of Base Rate Loans or Canadian Prime Rate Loans to finance payments required to be made pursuant to Section 3.5 may be given not later than 9:00 A.M., Toronto time, on the date of the proposed borrowing), specifying (i) the amount and Type of Canadian Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans and BA Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Each borrowing under the Canadian Revolving Commitments shall be in an amount equal to (x) in the case of Base Rate Loans or Canadian Prime Rate Loans, $1,000,000 or C$1,000,000, respectively, or a whole multiple thereof (or, if the then aggregate Available Canadian Revolving Commitments are less than $1,000,000 or the Dollar Equivalent at such time of C$1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans or BA Loans, $1,000,000 or C$1,000,000, respectively, or a whole multiple of $1,000,000 or C$1,000,000, respectively, in excess thereof; provided, that (x) the Canadian Swing Line Lender may request, on behalf of the Canadian Borrower or the U.S. Borrower, borrowings under the Canadian Revolving Commitments that are Base Rate Loans or Canadian Prime Rate Loans in other amounts pursuant to Section 3.4 and (y) borrowings of Base Rate Loans or Canadian Prime Rate Loans pursuant to Section 3.11 shall not be subject to the foregoing minimum amounts. Upon receipt of any such notice from the Canadian Borrower or the U.S. Borrower, the Administrative Agent shall promptly notify each Canadian Revolving Lender thereof. Subject to the terms and conditions hereof, each Canadian Revolving Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Canadian Borrower or the U.S. Borrower at the Canadian Payment Office prior to 12:00 Noon, Toronto time, on the Borrowing Date requested by the Canadian Borrower or the U.S. Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Canadian Borrower or the U.S. Borrower by the Administrative Agent wiring (pursuant to instructions theretofore delivered to the Administrative Agent by Cedar Fair LP) the aggregate of the amounts made available to the Administrative Agent by the Canadian Revolving Lenders and in like funds as received by the Administrative Agent.
(c) BA Loans under the Canadian Revolving Facility:
Appears in 3 contracts
Sources: Credit Agreement (Cedar Fair L P), Credit Agreement (Cedar Fair L P), Credit Agreement (Cedar Fair L P)
Procedure for Revolving Loan Borrowing. (a) The Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, or provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 11:00 A.M.12:00 Noon, New York City time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of ABR Loans) (provided that any such notice of a borrowing of ABR Loans to finance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount, Class amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative Agent. Each borrowing of under the Revolving Loans Commitments shall be in an amount equal to (x) in the case of ABR Loans, $500,000 2,000,000 or a whole multiple of $100,000 500,000 in excess thereof (or, if the then aggregate Available Revolving Commitments are less than $2,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings of under the Revolving Loans Commitments that are ABR Loans in other amounts pursuant to Section 2.4. 2.6 and the Borrower may request borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 3.5.
(b) Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each relevant Lender of the applicable Class thereof. Each relevant Lender of the applicable Class will make the amount of its pro rata share of each such borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 1:00 P.M.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 relevant Lenders and in like funds as received by the Administrative AgentAgent or, if the borrowing was made pursuant to Section 3.5, by paying the Issuing Bank the amounts funded by it with respect to the Letter of Credit drawing which gave rise to such borrowing.
Appears in 3 contracts
Sources: Credit Agreement (Rent a Center Inc De), Credit Agreement (Rent a Center Inc De), Credit Agreement (Rent a Center Inc De)
Procedure for Revolving Loan Borrowing. (a) The Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 11:00 A.M.12:00 Noon, New York City time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of ABR Loans) (provided that any such notice of a borrowing of ABR Loans to finance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount, Class amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative Agent. Each borrowing of under the Revolving Loans Commitments shall be in an amount equal to (x) in the case of ABR Loans, $500,000 2,000,000 or a whole multiple of $100,000 500,000 in excess thereof (or, if the then aggregate Available Revolving Commitments are less than $2,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings of under the Revolving Loans Commitments that are ABR Loans in other amounts pursuant to Section 2.4. 2.6 and the Borrower may request borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 3.6.
(b) Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each relevant Lender of the applicable Class thereof. Each relevant Lender of the applicable Class will make the amount of its pro rata share of each such borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 1:00 P.M.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 relevant Lenders and in like funds as received by the Administrative AgentAgent or, if the borrowing was made pursuant to Section 3.6, by paying the Issuing Bank the amounts funded by it with respect to the Letter of Credit drawing which gave rise to such borrowing.
Appears in 2 contracts
Sources: Credit Agreement (Rent a Center Inc De), Credit Agreement (Rent a Center Inc De)
Procedure for Revolving Loan Borrowing. The Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent (a) prior to 11:00 A.M.12:00 Noon, New York City time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) prior to 11:00 A.M., New York City time, on the requested Borrowing Date, in the case of ABR Loans) (provided that any such notice of a borrowing of ABR Loans to finance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount, Class amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative Agent. Each borrowing of Revolving Loans under the Commitments shall be in an amount equal to (x) in the case of ABR Loans, $500,000 5,000,000 or a whole multiple of $100,000 1.000,000 in excess thereof and (y) in or, if the case of Eurodollar Loansthen aggregate Available Commitments are less than $5,000,000, $3,000,000 or a whole multiple of $1,000,000 in excess thereofsuch lesser amount); provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings of Revolving Loans under the Commitments that are ABR Loans in other amounts pursuant to Section 2.42.5. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender of the applicable Class thereof. Each Lender of the applicable Class 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 1:00 P.M.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 Lenders and in like funds as received by the Administrative Agent.
Appears in 2 contracts
Sources: Credit Agreement (Pacific Gas & Electric Co), Credit Agreement (Pg&e Corp)
Procedure for Revolving Loan Borrowing. The Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that Day if the Borrower shall give gives the Administrative Agent irrevocable notice (which notice must may be given by telephone (promptly confirmed in writing) or email (received by the Administrative Agent prior to 11:00 A.M.2:00 P.M., New York City time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of ABR Base Rate Loans) (provided ), except that any such notice of a borrowing of ABR Base Rate Loans under the Revolving Facility to finance payments required by to be made pursuant to Section 3.5 may be given not later than 10:00 11:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount, Class amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Loans made on the Closing Date shall initially be ABR Base Rate Loans and, unless the Borrower has provided to otherwise agreed by the Administrative Agent and the Lenders in its sole discretion, no Revolving Loan may be made as, converted into or continued as a funding indemnity Eurodollar Loan having an Interest Period in form and substance reasonably satisfactory excess of one month prior to the Administrative Agentdate that is 60 days after the Closing Date. Each borrowing of under the Revolving Loans Commitments shall be in an amount equal to (x) in the case of ABR Base Rate Loans, $500,000 or a whole multiple of $100,000 in excess thereof (or, if the then aggregate Available Revolving Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 1,000,000 or a whole multiple of $1,000,000 100,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings of under the Revolving Loans Commitments that are ABR Base Rate Loans in other amounts pursuant to Section 2.43.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender of the applicable Class thereof. Each Revolving Lender of the applicable Class 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 1:00 P.M.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 Lenders and in like funds as received by the Administrative Agent. No Revolving Loans shall be made on the Closing Date.
Appears in 2 contracts
Sources: Credit Agreement (Innophos, Inc.), Credit Agreement (Innophos Investment Holdings, Inc.)
Procedure for Revolving Loan Borrowing. The Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, ; provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 11:00 A.M., New York City time, (ai) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) Revolving Loans made on the requested Borrowing Closing Date, in the case of ABR Loans) (provided that any such notice of a borrowing of ABR Loans prior to finance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, on the date day of the proposed borrowinganticipated Closing Date or (ii) in the case of Revolving Loans made after the Closing Date, (x) in the case of Eurodollar Loans, prior to 1:00 P.M., New York City time, three Business Days prior to the requested Borrowing Date or (y) in the case of ABR Loans, prior to 1:00 P.M., New York City time, one Business Day prior to the requested Borrowing Date), specifying (iA) the amount, Class amount and Type of Revolving Loans to be borrowed, (iiB) the requested Borrowing Date Date, (C) whether such Revolving Loan is to be an ABR Loan or a Eurodollar Loan and (iiiD) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative AgentLoans. Each borrowing of by the Borrower under the Revolving Loans Commitments shall be in an amount equal to (x) in the case of ABR Loans, $500,000 or a whole multiple of $100,000 50,000 in excess thereof (or, if the then aggregate Available Revolving Commitments are less than $500,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 1,000,000 or a whole multiple of $1,000,000 250,000 in excess thereof; provided, provided that the Swingline Lender may request, on behalf of the Borrower, borrowings of under the Revolving Loans Commitments that are ABR Loans in other amounts pursuant to Section 2.42.7(a). Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender of the applicable Class thereof. Each Revolving Lender of the applicable Class 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 1:00 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 the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent. If no election as to the Type of a Revolving Loan is specified, then the requested Loan shall be an ABR Loan. If no Interest Period is specified with respect to any requested Eurodollar Loan, the requested Loan shall be made instead as an ABR Loan.
Appears in 2 contracts
Sources: Credit Agreement (Yankee Finance, Inc.), Credit Agreement (Yankee Holding Corp.)
Procedure for Revolving Loan Borrowing. The (a) Subject to Section 3.1(c)(ii), the Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, ; provided that with respect to any borrowing of Revolving Loans (except as contemplated by Section 3.1(c)(ii)) the Borrower shall give deliver to the Administrative Agent irrevocable notice a Borrowing Notice (which notice shall be irrevocable and must be received by the Administrative Agent prior to 11:00 A.M.a.m., New York City time, (ai) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (bii) one (1) Business Day prior to the requested Borrowing Date, in the case of ABR Loans) (provided that any such notice of a borrowing of ABR Loans to finance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, on the date of the proposed borrowing), specifying (iA) the amount, Class amount and Type of Revolving Loans to be borrowed, (iiB) the requested Borrowing Date and (iiiC) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period Periods therefor. Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative Agent. Each borrowing of under the Revolving Loans Commitments shall be in an amount equal to (x) in the case of ABR Loans, $200,000 or a whole multiple of $100,000 in excess thereof (or, if the then aggregate Available Revolving Commitments for all Revolving Lenders are less than $200,000, such lesser amount) or (y) in the case of Eurodollar Loans, $500,000 or a whole multiple of $100,000 in excess thereof and (y) or, if the then aggregate Available Revolving Commitments for all Revolving Lenders are less than $500,000, such lesser amount), other than, in the case of Eurodollar Loansclauses (x) and (y), $3,000,000 or a whole multiple borrowing in the amount of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings of Revolving Loans that are ABR Loans in other amounts pursuant to an Unreimbursed 39 Sunshine (Northeast) – Credit Agreement Amount as contemplated by Section 2.43.1(c). Upon receipt of any such notice Borrowing Notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender of the applicable Class thereof. Each applicable Revolving Lender of the applicable Class will make the amount of its pro rata share Revolving Percentage of each borrowing under its applicable Revolving Facility available to the Administrative Agent for the account of the Borrower at the Funding Office (or by wire transfer to the Administrative Agent Account, unless otherwise directed in writing by the Administrative Agent) prior to 1:00 P.M.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 Lenders and in like funds as received by the Administrative Agent.
(b) Nothing in this Section 2.5 shall be deemed to relieve any Revolving Lender from its obligations to make Revolving Loans on the same terms and conditions as set forth herein and the Borrower shall retain any and all rights it may have against any such Revolving Lender resulting in the failure of such Revolving Lender to make such Revolving Loans under this Section 2.5. Subject to Section 2.21(g) to the extent applicable, the respective obligations of each Lender under this Agreement are several and not joint and no Lender shall be responsible for the failure of any other Lender to satisfy its obligations hereunder.
Appears in 2 contracts
Sources: Credit Agreement (REV Renewables, Inc.), Credit Agreement (REV Renewables, Inc.)
Procedure for Revolving Loan Borrowing. The Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 11:00 A.M., New York City time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) the requested Borrowing Date, in the case of ABR Loans) (provided that any such notice of a borrowing of ABR Loans to finance payments required by Section 3.5 may be given not no later than 10:00 11:00 A.M., New York City time, on the date of the proposed borrowingrequested Borrowing Date), specifying (i) the amount, Class and Type amount of Revolving Loans to be borrowed, borrowed and (ii) the requested Borrowing Date and (iii) in which shall be a Business Day during the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative AgentCommitment Period). Each borrowing of Revolving Loans under the Commitments shall be in an amount equal to (x) in the case of ABR Loans, $500,000 1,000,000 or a whole multiple of $100,000 in excess thereof and (y) in or, if the case of Eurodollar Loansthen aggregate Available Commitments are less than $1,000,000, $3,000,000 or a whole multiple of $1,000,000 in excess thereofsuch lesser amount); provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings of Revolving Loans that are ABR Loans under the Commitments in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender of the applicable Class thereof. Each Lender of the applicable Class 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 1:00 P.M.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 Lenders and in like funds as received by the Administrative AgentAgent or by otherwise transferring such amounts as the Borrower shall direct.
Appears in 2 contracts
Sources: Credit Agreement (M/I Homes, Inc.), Credit Agreement (M/I Homes, Inc.)
Procedure for Revolving Loan Borrowing. The Borrower Borrowers may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the relevant Borrower shall give the Administrative Agent irrevocable written notice (which notice must be received by the Administrative Agent (a) prior to 11:00 A.M., New York City timeLocal Time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Eurocurrency Loans, or (b) prior to 2:00 P.M., Local Time, on the requested Borrowing Date, in the case of ABR Loans) (provided that any such notice of a borrowing of ABR Loans to finance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount, Class amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Eurocurrency Loans, the respective amounts of each such Type of Loan and Loan, the respective lengths of the initial Interest Period therefor. Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless the Borrower has provided to the Administrative Agent therefor and the Lenders a funding indemnity in form and substance reasonably satisfactory details of the account to the Administrative Agentwhich funds are to be paid. Each borrowing of under the Revolving Loans Commitments shall be in an amount equal to (x) in the case of ABR Loans, $500,000 1,000,000 or a whole multiple of thereof (or, if the then aggregate Available Revolving Commitments are less than $100,000 in excess thereof 1,000,000, such lesser amount) and (y) in the case of Eurodollar Eurocurrency Loans, $3,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings of Revolving Loans that are ABR Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the Borrowernotice, the Administrative Agent shall promptly notify each relevant Revolving Lender of the applicable Class thereof. Each relevant Revolving Lender of the applicable Class will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the relevant Borrower at the Funding Office prior to (a) in the case of Eurocurrency Loans, 1:00 P.M., New York City timeLocal Time and (b) in the case of ABR Loans, 4:00 P.M., Local Time, in each case on the Borrowing Date requested by the relevant Borrower in funds immediately available to the Administrative Agent; provided that any Revolving Lender may make any Revolving Loan to any Foreign Subsidiary Borrower by causing any domestic or foreign branch or affiliate of such Revolving Lender to make such Revolving Loan. Such borrowing will then be made available to the relevant Borrower by the Administrative Agent crediting the account of the such 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 AgentRevolving Lenders.
Appears in 2 contracts
Sources: Credit Agreement (Roper Technologies Inc), Credit Agreement (Roper Technologies Inc)
Procedure for Revolving Loan Borrowing. The Borrower Company may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower Company shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent (a) prior to 11:00 A.M.12:00 Noon, New York City time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) the requested Borrowing Date, in the case of ABR Loans) (provided that any such notice of a borrowing of ABR Loans prior to finance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, on the date requested Borrowing Date, in the case of the proposed borrowingAlternate Base Rate Loans), specifying (i) the amount, Class amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period Periods therefor. Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative Agent. Each borrowing of under the Revolving Loans Commitments shall be in an amount equal to (x) in the case of ABR Alternate Base Rate Loans, $500,000 1,000,000 or a whole multiple of thereof (or, if the then aggregate Available Revolving Commitments are less than $100,000 in excess thereof 1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 10,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings of Revolving Loans that are ABR Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the BorrowerCompany, the Administrative Agent shall promptly notify each Lender of the applicable Class Revolving Bank thereof. Each Lender of the applicable Class Revolving Bank will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower Company at the Funding Office prior to 1:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower Company in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower Company by the Administrative Agent crediting the account of the Borrower Company on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Lenders Revolving Banks and in like funds as received by the Administrative Agent.
Appears in 2 contracts
Sources: Credit Agreement (Hca the Healthcare Co), Credit Agreement (Hca Inc/Tn)
Procedure for Revolving Loan Borrowing. (a) The Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent (i) prior to 11:00 A.M., New York City time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (bii) prior to 10:00 A.M., New York City time on the requested Borrowing Date, in the case of ABR Loans) Loans (provided that any such notice including for purposes of a borrowing of ABR Loans to finance financing payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, on the date of the proposed borrowing3.5), specifying (iA) the amount, Class amount and Type of Revolving Loans to be borrowed, (iiB) the requested Borrowing Date and (iiiC) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative AgentLoans. Each borrowing of under the Revolving Loans Commitments shall be in an amount equal to (x) in the case of ABR Loans, $500,000 1,000,000 or a whole multiple of thereof (or, if the then aggregate Available Revolving Commitments are less than $100,000 in excess thereof 1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings of under the Revolving Loans Commitments that are ABR Loans in other amounts pursuant to Section 2.42.7. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender of the applicable Class thereof. Each Revolving Lender of the applicable Class 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 1:00 P.M.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 Lenders and in like funds as received by the Administrative Agent.
(b) In the event that the Borrower fails to reimburse any Revolving Issuing Lender in accordance with Section 3.5 for the amount of any draft paid by such Revolving Issuing Lender under any Revolving Letter of Credit issued by it, and for all other amounts due in connection therewith pursuant to Section 3.5 (the “Reimbursement Payment”), then on the date that the Reimbursement Payment is due, the Borrower shall be deemed to have made a request for a borrowing of ABR Loans in an amount equal to the Reimbursement Payment, which deemed request shall not be subject to any condition precedent set forth in Section 5.2 and shall be irrevocable. Each Revolving Lender acknowledges and agrees that its obligation to make its pro rata share of any such borrowing available to the Administrative Agent is absolute and unconditional and shall not be affected by any event, happening or circumstance whatsoever, including the failure of any condition precedent set forth in Section 5 to be satisfied at the time of such deemed request.
Appears in 2 contracts
Sources: Credit Agreement (Mirant North America, LLC), Credit Agreement (Mirant Corp)
Procedure for Revolving Loan Borrowing. The Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice by submitting a Borrowing Request (which notice Borrowing Request must be received by the Administrative Agent prior to 11:00 A.M.(a) 12:00 Noon, New York City time, (a) time three (3) U.S. Government Securities Business Days prior to the requested Borrowing DateDate (or, in the case of Eurodollar Loansthe Closing Date, one U.S. Government Securities Business Days prior thereto), in the case of Term Benchmark Loans or (b) 10:00 a.m., New York City time, the date of the requested Borrowing Date, in the case of ABR Loans) (provided that any such notice Borrowing Request of a borrowing of Revolving Loans that are ABR Loans to finance payments required by Section 3.5 may must be given not later than 10:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount, Class amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Term Benchmark Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative Agent. Each borrowing of Revolving Loans under the Commitments shall be in an amount equal to (x) in the case of ABR LoansLoans and, $500,000 1,000,000 or a whole multiple of thereof (or, if the then aggregate Available Commitments are less than $100,000 in excess thereof 1,000,000, such lesser amount) and (y) in the case of Eurodollar Term Benchmark Loans, $3,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings of Revolving Loans that are ABR Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice Borrowing Request from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender of the applicable Class thereof. Each Revolving Lender of the applicable Class 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 1:00 P.M.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 Lenders and in like funds as received by the Administrative Agent.
Appears in 2 contracts
Sources: Abl Credit Agreement (TTM Technologies Inc), Abl Credit Agreement (TTM Technologies Inc)
Procedure for Revolving Loan Borrowing. The Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, ; provided that the Borrower shall give the Administrative Agent an irrevocable notice Notice of Borrowing (which notice must be received by the Administrative Agent prior to 11:00 10:00 A.M., New York City Pacific time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of ABR LoansLoans (in each case, with originals to follow within 3 Business Days)) (provided that any such notice Notice of a borrowing Borrowing of ABR Loans under the Revolving Facility to finance payments required by under Section 3.5 3.5(a) may be given not later than 10:00 A.M., New York City Pacific time, on the date of the proposed borrowing), in each such case specifying (i) the amount, Class amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and Date, (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor, and (iv) instructions for remittance of the proceeds of the applicable Loans to be borrowed. Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless the Borrower has provided to Unless otherwise agreed by the Administrative Agent and the Lenders in its sole discretion, no Revolving Loan may be made as, converted into or continued as a funding indemnity Eurodollar Loan having an Interest Period in form and substance reasonably satisfactory excess of one month prior to the Administrative Agentdate that is 30 days after the Closing Date. Each borrowing of under the Revolving Loans Commitments shall be in an amount equal to (x) in the case of ABR Loans, $500,000 100,000 or a whole multiple of thereof (or, if the then aggregate Available Revolving Commitments are less than $100,000 in excess thereof and (y) in the case of Eurodollar Loans100,000, $3,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings of Revolving Loans that are ABR Loans in other amounts pursuant to Section 2.4such lesser amount. Upon receipt of any such notice Notice of Borrowing from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender of the applicable Class thereof. Each Revolving Lender of the applicable Class will make the amount of its pro rata share of each such borrowing available to the Administrative Agent for the account of the Borrower at the Revolving Loan Funding Office prior to 1:00 12:00 P.M., New York City Pacific 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 such account as is designated in writing to the account of Administrative Agent by the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent. No Revolving Loan will be made on the Closing Date. In lieu of delivering a written notice, the Borrower may give the Administrative Agent telephonic notice by the required time of any proposed borrowing under this Section 2.5; provided that such notice shall be promptly confirmed in writing by delivery of a written notice to the Administrative Agent on or before the applicable funding date (but in any case prior to funding).
Appears in 2 contracts
Sources: Credit Agreement (Cambium Networks Corp), Credit Agreement (Cambium Networks Corp)
Procedure for Revolving Loan Borrowing. The Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent (a) prior to 11:00 A.M.12:00 Noon, New York City time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) prior to 1:00 P.M., New York City time, on the requested Borrowing Date, in the case of ABR Loans) (provided that any such notice of a borrowing of ABR Loans to finance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount, Class amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative Agent. Each borrowing of Revolving Loans under the Commitments shall be in an amount equal to (x) in the case of ABR Loans, $500,000 1,000,000 or a whole multiple of $100,000 500,000 in excess thereof and (y) in or, if the case of Eurodollar Loansthen aggregate Available Commitments are less than $1,000,000, $3,000,000 or a whole multiple of $1,000,000 in excess thereofsuch lesser amount); provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings of Revolving Loans under the Commitments that are ABR Loans in other amounts pursuant to Section 2.42.5. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender of the applicable Class thereof. Each Lender of the applicable Class 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 1:00 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 the Administrative Agent by the Lenders and in like funds as received by the Administrative Agent.
Appears in 2 contracts
Sources: Credit Agreement (PACIFIC GAS & ELECTRIC Co), Credit Agreement (PACIFIC GAS & ELECTRIC Co)
Procedure for Revolving Loan Borrowing. The Borrower Borrowers may borrow under the Revolving Commitments Commitment during the Revolving Commitment Period on any Business Day, provided PROVIDED that the Borrower Borrowers shall give the Administrative Agent Lender irrevocable notice in writing by delivery of a notice substantially in the form attached hereto as EXHIBIT B (which notice must be received by the Administrative Agent prior is hereinafter referred to 11:00 A.M., New York City time, as a "BORROWING NOTICE") (a) three prior to 2:00 p.m., Boston time, two (32) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, LIBOR Loans or (b) prior to Noon, Boston time, on the requested Borrowing Date, in the case of ABR Prime Rate Loans) (provided that any such notice of a borrowing of ABR Loans to finance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City timeand, on the date of the proposed borrowing)in each case, specifying (i) the amount, Class and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iiiii) in the case of Eurodollar LIBOR Loans, the respective amounts of each such Type of Revolving Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative AgentPrime Rate Loans. Each borrowing of under the Revolving Loans Commitment shall be in an amount equal to (x) in the case of ABR Prime Rate Loans, $100,000 or a whole multiple of $50,000 in excess thereof (or, if the difference between the aggregate amount of all outstanding Revolving Loans and the Revolving Commitment then in effect is less than $100,000, such lesser amount) and (y) in the case of LIBOR Loans, $500,000 or a whole multiple of $100,000 in excess thereof and (y) in the case of Eurodollar Loans, $3,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings of Revolving Loans that are ABR Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender of the applicable Class thereof. Each Lender of the applicable Class 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 1:00 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 Borrowers by the Administrative Agent Lender crediting the account of the Borrower Borrowers on the books of such office with the aggregate of the amounts made available to the Administrative Agent (or, if so requested by the Lenders and in like Borrowers, by wire transferring immediately available funds to such bank account as received by the Administrative AgentBorrowers shall designate).
Appears in 2 contracts
Sources: Loan and Security Agreement (First Marblehead Corp), Loan and Security Agreement (First Marblehead Corp)
Procedure for Revolving Loan Borrowing. The Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, ; provided that the Borrower shall give the Administrative Agent an irrevocable notice Notice of Borrowing (which notice must be received by the Administrative Agent prior to 11:00 10:00 A.M., New York City time,
(a) three (3) U.S. Government Securities Business Days prior to the requested Borrowing Date, in the case of Eurodollar SOFR Loans, or (b) two (2) Business Days prior to the requested Borrowing Date, in the case of ABR Loans) (provided that any such notice Notice of a borrowing Borrowing of ABR Loans under the Revolving Facility to finance payments required by under Section 3.5 3.5(a) may be given not later than 10:00 A.M., New York City time, A.M. on the date of the proposed borrowing), in each such case specifying (i) the amount, Class amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and Date, (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and Loan, (iv) in the case of SOFR Loans, the respective lengths of the initial Interest Period therefor, and (v) instructions for remittance of the proceeds of the applicable Loans to be borrowed. Any Revolving Loans made on If no Interest Period is specified in the Closing Date shall initially be ABR Loans unless Notice of Borrowing requesting a SOFR Loan, the Borrower has provided shall be deemed to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative Agenthave selected an Interest Period of one (1) month’s duration. Each borrowing of under the Revolving Loans Commitments shall be in an amount equal to (x) in the case of ABR Loans or SOFR Loans, $500,000 1,000,000 or a whole multiple of $100,000 in excess thereof and (y) in or, if the case of Eurodollar Loansthen Available Revolving Commitment is less than $1,000,000, $3,000,000 or a whole multiple of $1,000,000 in excess thereofsuch lesser amount); provided, provided that the Swingline Lender may request, on behalf of the Borrower, borrowings of under the Revolving Loans Commitments that are ABR Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice Notice of Borrowing from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender of the applicable Class thereof. Each Revolving Lender of the applicable Class will make the amount of its pro rata share of each such borrowing available to the Administrative Agent for the account of the Borrower at the Revolving Loan Funding Office prior to 1:00 P.M., New York City time, 10:00 A.M. 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 such account as is designated in writing to the account of Administrative Agent by the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent. No Revolving Loan will be made on the Closing Date.
Appears in 2 contracts
Sources: Senior Secured Revolving Credit Agreement (Pagaya Technologies Ltd.), First Amendment (Pagaya Technologies Ltd.)
Procedure for Revolving Loan Borrowing. The Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 11:00 A.M.12:00 Noon, New York City time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of ABR Base Rate Loans) (provided that any such notice of a borrowing of ABR Loans to finance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount, Class amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative Agent. Each borrowing of under the Revolving Loans Commitments shall be in an amount equal to (x) in the case of ABR Base Rate Loans, $500,000 1,000,000 or a whole multiple of thereof (or, if the then aggregate Available Revolving Commitments are less than $100,000 in excess thereof 1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings of under the Revolving Loans Commitments that are ABR Base Rate Loans in other amounts pursuant to Section 2.43.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender of the applicable Class thereof. Each Revolving Lender of the applicable Class 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 1:00 P.M.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 Lenders and in like funds as received by the Administrative Agent.
Appears in 2 contracts
Sources: Credit Agreement (Donnelley R H Inc), Credit Agreement (Donnelley R H Inc)
Procedure for Revolving Loan Borrowing. The Borrower may borrow up to the Available Revolving Commitments under the Revolving Commitments during the Revolving Commitment Period on any Business Day, ; provided that the Borrower shall give the Administrative Agent an irrevocable notice Notice of Borrowing (which, other than with respect to borrowings on the Restatement Date (which notice must be delivered to the Administrative Agent prior to 10:00 A.M., Pacific time, one Business Day prior to the anticipated Restatement Date), must be received by the Administrative Agent prior to 11:00 10:00 A.M., New York City Pacific time, (a) three (3) U.S. Government Securities Business Days prior to the requested Borrowing Date, in the case of Eurodollar SOFR Loans, or (b) on the requested Borrowing Date, in the case of ABR Loans) (provided that any such notice of a borrowing of ABR Loans to finance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, on the date of the proposed borrowing), in each such case specifying (i) the amount, Class amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and Date, (iii) in the case of Eurodollar SOFR Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving , and (iv) instructions for remittance of the proceeds of the applicable Loans made on the Closing Date shall initially to be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative Agentborrowed. Each borrowing of, conversion to or continuation of Revolving SOFR Loans shall be in an a principal amount equal of $5,000,000 or a whole multiple of $1,000,000 in excess thereof (or, if the then aggregate Available Revolving Commitments are less than $1,000,000, such lesser amount); provided further that any such Notice of Borrowing with respect to (xborrowings of Revolving Loans on the Restatement Date may be conditioned on the occurrence of the Restatement Date. Except as provided in Sections 3.5(b) and 2.7(b), each borrowing of or conversion to ABR Loans shall be in the case a principal amount of ABR Loans, $500,000 or a whole multiple of $100,000 in excess thereof and (y) in or, if the case of Eurodollar Loansthen aggregate Available Revolving Commitments are less than $500,000, $3,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings of Revolving Loans that are ABR Loans in other amounts pursuant to Section 2.4such lesser amount). Upon receipt of any such notice Notice of Borrowing from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender of the applicable Class thereof. Each Revolving Lender of the applicable Class will make the amount of its pro rata share of each such borrowing available to the Administrative Agent for the account of the Borrower at the Revolving Loan Funding Office prior to 1:00 12:00 P.M., New York City Pacific 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 such account as is designated in writing to the account of Administrative Agent by the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.
Appears in 2 contracts
Sources: Credit Agreement (Extreme Networks Inc), Credit Agreement (Extreme Networks Inc)
Procedure for Revolving Loan Borrowing. The Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent (a) prior to 11:00 A.M.12:00 Noon, New York City time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Term Benchmark Loans, or (b) prior to 1:00 P.M., New York City time, on the requested Borrowing Date, in the case of ABR Loans) (provided that any such notice of a borrowing of ABR Loans to finance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount, Class amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Term Benchmark Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative Agent. Each borrowing of Revolving Loans under the Commitments shall be in an amount equal to (x) in the case of ABR Loans, $500,000 1,000,000 or a whole multiple of $100,000 500,000 in excess thereof and (y) in or, if the case of Eurodollar Loansthen aggregate Available Commitments are less than $1,000,000, $3,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings of Revolving Loans that are ABR Loans in other amounts pursuant to Section 2.4such lesser amount). Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender of the applicable Class thereof. Each Lender of the applicable Class 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 1:00 3:00 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 the Administrative Agent by the Lenders and in like funds as received by the Administrative Agent.
Appears in 2 contracts
Sources: Credit Agreement (PACIFIC GAS & ELECTRIC Co), Credit Agreement (PG&E Corp)
Procedure for Revolving Loan Borrowing. The Borrower may borrow under the Revolving Commitments during the Initial Revolving Commitment Availability Period on any Business Day; provided, provided that the Borrower shall give the Administrative Agent an irrevocable notice Borrowing Notice (which notice must be received by the Administrative Agent (i) prior to 11:00 A.M.a.m., New York City time, (a) three (3) Government Securities Business Days prior to the requested Borrowing Date, in the case of Eurodollar SOFR Loans, or (bii) prior to 11:00 a.m., New York City time, on the requested Borrowing Date, in the case of ABR Alternative Base Rate Loans) (provided provided, that any such notice of a borrowing of ABR Alternative Base Rate Loans to finance payments required by to be made pursuant to Section 3.5 may be given not later than 10:00 A.M.1:00 p.m., New York City time, on the date of the proposed borrowing), specifying (ix) the amount, Class amount and Type of Revolving Loans to be borrowed, (iiy) the requested Borrowing Date and (iiiz) in the case of Eurodollar SOFR Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative Agent. Each borrowing of under the Revolving Loans Commitments shall be in an amount equal to (x) in the case of ABR Alternative Base Rate Loans, $250,000 or a multiple of $100,000 in excess thereof (or, if the then aggregate Available Revolving Commitments are less than $250,000 or $100,000, as the case may be, such lesser amounts) and (y) in the case of SOFR Loans, $500,000 or a whole multiple of $100,000 in excess thereof and (y) in or, if the then aggregate Available Revolving Commitments are less than $500,000 or $100,000, as the case of Eurodollar Loansmay be, $3,000,000 or a whole multiple of $1,000,000 in excess thereofsuch lesser amounts); provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings of Revolving Alternative Base Rate Loans that are ABR Loans in other amounts pursuant to Section 2.43.11 shall not be subject to the foregoing minimum amounts. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender of the applicable Class thereof. Each Revolving Lender of the applicable Class will make the amount of its pro rata share of each borrowing available to the Administrative Agent Agent, for the account of the Borrower at the Funding Office prior to 1:00 P.M.Borrower, New York City time, on the Borrowing Date requested by the Borrower in Dollars and in funds immediately available to the Administrative Agent, at the office of the Administrative Agent specified in Section 11.2, or at such other office as the Administrative Agent may designate in writing, upon reasonable advance notice by 1:00 p.m. on the date specified in the Borrowing Notice. Such borrowing will then be made available to the Borrower by the Administrative Agent by 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 Lenders and in like funds as received by the Administrative AgentAgent (or by crediting such other account(s) as directed by the Borrower).
Appears in 2 contracts
Sources: Credit Agreement (Lantheus Holdings, Inc.), Credit Agreement (Lantheus Holdings, Inc.)
Procedure for Revolving Loan Borrowing. The (a) Subject to the terms and conditions hereof, each Borrower may borrow Revolving Loans under the Revolving Commitments during the Revolving Commitment Period on any Business Day, Day prior to the Revolving Termination Date; provided that the such Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent (a) prior to 11:00 A.M.12:00 Noon, New York City time, (a) three (3) U.S. Government Securities Business Days prior to the requested Borrowing Date, in the case of Eurodollar Term Benchmark Loans, or (b) prior to 12:00 Noon, New York City time, on the requested Borrowing Date, in the case of ABR LoansLoans or (c) (provided that any such notice of a borrowing of ABR Loans if available pursuant to finance payments required by Section 3.5 may be given not later than 10:00 A.M.2.18, prior to 11:00 a.m., New York City time, on three U.S. Government Securities Business Days prior to the date requested Borrowing Date, in the case of the proposed borrowingRFR Loans), specifying (i) the amount, Class amount and the Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Term Benchmark Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative Agent. Each borrowing such Borrowing of Revolving Loans shall be in an amount equal to (x) in the case of ABR Loans or RFR Loans, $500,000 1,000,000 or a whole multiple of thereof (or, if the then aggregate Available Revolving Commitments are less than $100,000 in excess thereof 1,000,000, such lesser amount) and (y) in the case of Eurodollar Term Benchmark Loans, $3,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof, respectively; provided, provided further that the Swingline Lender may request, on behalf not greater than $0 (exclusive of any usage of the Borrower, borrowings Revolving Facility for working capital) of the Revolving Loans that are ABR Loans in other amounts pursuant Facility shall be available on the Closing Date to Section 2.4fund the Transactions (including payment of related fees and expenses). Upon receipt of any such notice of Borrowing under the Revolving Facility from the a Borrower, the Administrative Agent shall promptly notify each Lender of under the applicable Class Revolving Facility thereof. Each In the case of a Borrowing under the Revolving Facility, each Revolving Lender of the applicable Class will make the amount of its pro rata share Revolving Percentage of each borrowing such Borrowing of Revolving Loans available to the Administrative Agent for the account of the such Borrower at the Funding Office prior to 1:00 P.M.2:00 p.m., New York City time, on the Borrowing Date requested by the such Borrower in funds immediately available to the Administrative Agent. Such borrowing Borrowing will then be made available to the such Borrower by the Administrative Agent crediting the account of the such Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.
(b) [Reserved].
(c) Each Lender may, at its option, make any Loan available to any Borrower by causing any foreign or domestic branch or Affiliate of such Lender to make such Loan; provided that any exercise of such option shall not affect the obligation of such Borrower to repay such Loan in accordance with the terms of this Agreement.
Appears in 2 contracts
Sources: Credit Agreement (Neogen Corp), Credit Agreement (Garden SpinCo Corp)
Procedure for Revolving Loan Borrowing. The Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 11:00 A.M., New York City time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of ABR Loans (other than Swingline Loans) (provided that any such notice of a borrowing of ABR Loans under the Revolving Facility to finance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount, Class amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative Agent. Each borrowing of under the Revolving Loans Commitments shall be in an amount equal to (x) in the case of ABR Loans, $500,000 1,000,000 or a whole multiple of thereof (or, if the then aggregate Available Revolving Commitments are less than $100,000 in excess thereof 1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 1,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings of under the Revolving Loans Commitments that are ABR Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender of the applicable Class thereof. Each Lender of the applicable Class 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 1:00 P.M.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 Lenders and in like funds as received by the Administrative Agent.
Appears in 2 contracts
Sources: Credit Agreement (Loral Space & Communications Inc.), Credit Agreement (Loral Space & Communications Inc.)
Procedure for Revolving Loan Borrowing. The Any Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the such Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 11:00 A.M., New York City time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of ABR Loans) (provided that any such notice of a borrowing of ABR Loans to finance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount, Class amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative Agent. Each borrowing of under the Revolving Loans Commitments shall be in an amount equal to (x) in the case of ABR Loans, $500,000 1,000,000 or a whole multiple of thereof (or, if the then aggregate Available Revolving Commitments are less than $100,000 in excess thereof 1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings of Revolving Loans that are ABR Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the a Borrower, the Administrative Agent shall promptly notify each Revolving Lender of the applicable Class thereof. Each Revolving Lender of the applicable Class will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the applicable Borrower at the Funding Office prior to 1:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the such Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the applicable Borrower by the Administrative Agent crediting the account of the such Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.
Appears in 2 contracts
Sources: Credit Agreement (Essent Group Ltd.), Credit Agreement (Essent Group Ltd.)
Procedure for Revolving Loan Borrowing. The Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, ; provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent (i) in the case of LIBO Rate Loans, prior to 11:00 A.M.1:00 P.M., New York City time, (a) three (3) two Business Days prior to the requested Borrowing Date, Date or (ii) in the case of Eurodollar Base Rate Loans, or (b) the requested Borrowing Date, in the case of ABR Loans) (provided that any such notice of a borrowing of ABR Loans prior to finance payments required by Section 3.5 may be given not later than 10:00 A.M.12:00 Noon, New York City time, on the date of the proposed borrowing)Borrowing Date, specifying (ix) the amount, Class amount and Type of Revolving Loans to be borrowed, (iiy) the requested Borrowing Date Date, and (iiiz) in the case of Eurodollar LIBO Rate Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor). Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless the Borrower has provided to the Administrative Agent Base Rate Loans, and the Lenders a funding indemnity in form and substance reasonably satisfactory to aggregate principal amount of all Revolving Loans made on the Administrative AgentClosing Date shall not exceed $15,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit). Each borrowing of by the Borrower under the Revolving Loans Commitments shall be in an amount equal to (x) in the case of ABR Base Rate Loans, $500,000 or a whole multiple of $100,000 50,000 in excess thereof (or, if the then aggregate Available Revolving Commitments are less than $500,000, such lesser amount) and (y) in the case of Eurodollar LIBO Rate Loans, $3,000,000 1,000,000 or a whole multiple of $1,000,000 250,000 in excess thereof; provided, provided that the Swingline Lender may request, on behalf of the Borrower, borrowings of under the Revolving Loans Commitments that are ABR Base Rate Loans in other amounts pursuant to Section 2.42.7(a). Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender of the applicable Class thereof. Each Revolving Lender of the applicable Class 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 1:00 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 the Funding Office with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent. If no election as to the Type of a Revolving Loan is specified, then the requested Loan shall be a Base Rate Loan. If no Interest Period is specified with respect to any requested LIBO Rate Loan, the requested Loan shall be made instead as a LIBO Rate Loan with an Interest Period of one month.
Appears in 2 contracts
Sources: Credit Agreement (Allison Transmission Holdings Inc), Credit Agreement (Allison Transmission Holdings Inc)
Procedure for Revolving Loan Borrowing. The (a) Subject to Section 3.1(c)(ii), the Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, ; provided that the Borrower shall give deliver to the Administrative Agent irrevocable notice a Borrowing Notice (which notice shall be irrevocable and must be received by the Administrative Agent prior to 11:00 A.M., New York City time, (ai) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (bii) one (1) Business Day prior to the requested Borrowing Date, in the case of ABR Loans) (provided that any such notice of a borrowing of ABR Loans to finance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, on the date of the proposed borrowing), specifying (iA) the amount, Class amount and Type of Revolving Loans to be borrowed, (iiB) the requested Borrowing Date and (iiiC) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period Periods therefor. Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative Agent. Each borrowing of under the Revolving Loans Commitments shall be in an amount equal to (x) in the case of ABR Loans, $200,000 or a whole multiple of $100,000 in excess thereof (or, if the then aggregate Available Revolving Commitments for all Revolving Lenders are less than $200,000, such lesser amount) or (y) in the case of Eurodollar Loans, $500,000 or a whole multiple of $100,000 in excess thereof and (y) or, if the then aggregate Available Revolving Commitments for all Revolving Lenders are less than $500,000, such lesser amount), other than, in the case of Eurodollar Loansclauses (x) and (y), $3,000,000 or a whole multiple borrowing in the amount of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings of a Revolving Loans that are ABR Loans in other amounts pursuant to L/C Unreimbursed Drawing as contemplated by Section 2.43.1(c). Upon receipt of any such notice Borrowing Notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender of the applicable Class thereof. Each Revolving Lender of the applicable Class will make the amount of its pro rata share Revolving Percentage of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office (or by wire transfer to the Administrative Agent Account, unless otherwise directed in writing by the Administrative Agent) prior to 1:00 P.M.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 by promptly transferring the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative AgentAgent to an account maintained with the Depositary Agent pursuant to the terms of the Depositary Agreement as specified by the Borrower for further application in accordance with the terms of the Depositary Agreement.
(b) Nothing in this Section 2.5 shall be deemed to relieve any Revolving Lender from its obligations to make Revolving Loans on the same terms and conditions as set forth herein and the Borrower shall retain any and all rights it may have against any such Revolving Lender resulting in the failure of such Revolving Lender to make such Revolving Loans under this Section 2.5. Subject to Section 2.21(g) to the extent applicable, the respective obligations of each Revolving Lender under this Agreement are several and not joint and no Revolving Lender shall be responsible for the failure of any other Revolving Lender to satisfy its obligations hereunder.
Appears in 2 contracts
Sources: Credit Agreement (REV Renewables, Inc.), Credit Agreement (REV Renewables, Inc.)
Procedure for Revolving Loan Borrowing. The Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 11:00 A.M.12:00 Noon, New York City San Francisco time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of ABR Base Rate Loans) (provided that any such notice of a borrowing of ABR Base Rate Loans under the Revolving Facility to finance payments required by to be made pursuant to Section 3.5 may be given not later than 10:00 A.M.12:00 Noon, New York City San Francisco time, on the date of the proposed borrowing), specifying (i) the amount, Class amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative AgentBase Rate Loans. Each borrowing of under the Revolving Loans Commitments shall be in an amount equal to (x) in the case of ABR Base Rate Loans, $500,000 or a whole multiple of $100,000 in excess thereof (or, if the then aggregate Available Revolving Commitments are less than $500,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 1,000,000 or a whole multiple of $1,000,000 100,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings of under the Revolving Loans Commitments that are ABR Base Rate Loans in other amounts pursuant to Section 2.43.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender of the applicable Class thereof. Each Revolving Lender of the applicable Class 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 1:00 P.M.12:00 Noon, New York City San Francisco 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 2 contracts
Sources: Credit Agreement (Itron Inc /Wa/), Credit Agreement (Itron Inc /Wa/)
Procedure for Revolving Loan Borrowing. The Borrower may borrow Revolving Loans under the Revolving Commitments Loan Commitment on any Business Day during the Revolving Commitment Period on any Business DayLoan Availability Period, provided that the Borrower shall give the Administrative Agent an irrevocable notice Borrowing Request (which notice must be received by the Administrative Agent prior to 11:00 A.M.12:00 Noon, New York City time, (a) time three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) the requested Borrowing Date, in the case of ABR Loans) (provided that any such notice of a borrowing of ABR Loans to finance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount, Class and Type of Revolving Loans amount to be borrowed, (ii) the requested Borrowing Date Date, and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative Agent. Each borrowing of Revolving Loans shall be in an amount equal to (x) in the case of ABR Loans, $500,000 at least US$4,000,000 or a whole multiple of $100,000 in excess thereof and (y) in the case of Eurodollar Loans, $3,000,000 or a whole multiple of $US$1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings of Revolving Loans that are ABR Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice Borrowing Request from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender of the applicable Class thereof. Each Revolving Lender of the applicable Class will will, subject to clause 2.02(c) below, make the amount of its pro rata share of each borrowing Revolving Loans available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 1:00 P.M.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 Collection Account or, at the Borrower’s option, by effecting a wire transfer of such amounts to an account of designated 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 Agent. Not more than 5 Interest Periods in like funds as received by the Administrative Agentrespect of Revolving Loans shall be outstanding at any time.
Appears in 2 contracts
Sources: Credit Agreement (Atlas Corp.), Credit Agreement (Seaspan CORP)
Procedure for Revolving Loan Borrowing. The Borrower may borrow up to the Available Revolving Commitment under the Revolving Commitments during the Revolving Commitment Period on any Business Day, ; provided that the Borrower shall give the Administrative Agent an irrevocable notice Notice of Borrowing (which notice must be received by the Administrative Agent prior to 11:00 10:00 A.M., New York City Eastern time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one (1) Business Day prior to the requested Borrowing Date, in the case of ABR Loans) Loans (provided that any such notice Notice of a borrowing Borrowing of ABR Loans under the Revolving Facility to finance payments required by under Section 3.5 3.1 may be given not later than 10:00 A.M., New York City Eastern time, on the date of the proposed borrowing), in each such case specifying (i) the amount, Class amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and Date, (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving , and (iv) instructions for remittance of the proceeds of the applicable Loans made on the Closing Date shall initially to be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative Agentborrowed. Each borrowing of under the Revolving Loans Commitments shall be in an amount equal to (x) to, in the case of ABR Loans, $500,000 100,000 or a whole multiple of $100,000 in excess thereof and (y) in or, if the case of Eurodollar Loansthen aggregate Available Revolving Commitments are less than $100,000, $3,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings of Revolving Loans that are ABR Loans in other amounts pursuant to Section 2.4such lesser amount). Upon receipt of any such notice Notice of Borrowing from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender of the applicable Class thereof. Each Revolving Lender of the applicable Class 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 applicable Loan Funding Office prior to 1:00 P.M.12:00 noon, New York City Eastern 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 such account as is designated in writing to the account of Administrative Agent by the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Lenders Revolving Lenders, and in like funds as received by the Administrative Agent. In lieu of delivering a written notice, the Borrower may give the Administrative Agent telephonic notice by the required time of any proposed borrowing under this Section 2.5; provided that such notice shall be promptly confirmed in writing by delivery of a written notice to the Administrative Agent on or before the applicable funding date (but in any case prior to funding).
Appears in 2 contracts
Sources: Amendment and Restatement Agreement (DoubleVerify Holdings, Inc.), Amendment and Restatement Agreement (DoubleVerify Holdings, Inc.)
Procedure for Revolving Loan Borrowing. The Borrower may borrow up to the Available Revolving Commitments under the Revolving Commitments during the Revolving Commitment Period on any Business Day, ; provided that the Borrower shall give the Administrative Agent an irrevocable notice Notice of Borrowing (which notice must be received by the Administrative Agent prior to 11:00 A.M.12:00 P.M., New York City Central time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar LoansSOFR Loans denominated in Dollars, or (b) four Business Days (or five Business Days in the case of a Special Notice Currency) prior to the requested Borrowing Date, in the case of ABR LoansSOFR Loans denominated in Alternative Currencies, or (c) (provided that any such notice of a borrowing of ABR Loans to finance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, on the date of the proposed requested borrowing, in the case of Base Rate Loans), in each such case specifying (i) the amount, Class amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and Date, (iii) in the case of Eurodollar SOFR Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving , and (iv) instructions for remittance of the proceeds of the applicable Loans made on the Closing Date shall initially to be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative Agentborrowed. Each borrowing of, conversion to or continuation of a SOFR Loan shall be in a principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof (or, if the then aggregate Available Revolving Commitments are less than $1,000,000, such lesser amount). Except as provided in Sections 3.5(b) and 2.4(b), each borrowing of or conversion to Base Rate Loans shall be in an a principal amount equal to (x) in the case of ABR Loans, $500,000 or a whole multiple of $100,000 in excess thereof and (y) in or, if the case of Eurodollar Loansthen aggregate Available Revolving Commitments are less than $500,000, $3,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings of Revolving Loans that are ABR Loans in other amounts pursuant to Section 2.4such lesser amount). Upon receipt of any such notice Notice of Borrowing from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender of the applicable Class thereof. Each Revolving Lender of the applicable Class will make the amount of its pro rata share of each such borrowing available to the Administrative Agent for the account of the Borrower at the Revolving Loan Funding Office prior to 1:00 2:00 P.M., New York City timeCentral time in the case of any Loan denominated in Dollars, and prior to the Applicable Time specified by the Administrative Agent in the case of any Loan in an Alternative Currency, 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 such account as is designated in writing to the account of Administrative Agent by the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.
Appears in 2 contracts
Sources: Revolving Credit Agreement (Digi International Inc), Revolving Credit Agreement (Digi International Inc)
Procedure for Revolving Loan Borrowing. The Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 11:00 A.M., New York City Dallas, Texas time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) on the day of the requested Borrowing Date, in the case of ABR Base Rate Loans) (provided that any such notice of a borrowing of ABR Loans to finance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount, Class amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Revolving Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative Agent. Each borrowing of under the Revolving Loans Commitments shall be in an amount equal to (x) in the case of ABR Loans, $500,000 or a whole multiple of $100,000 in excess thereof and (yi) in the case of Eurodollar Loans, Loans $3,000,000 or a whole multiple multiples of $1,000,000 in excess thereof; providedthereof or (ii) in the case of Base Rate Loans $500,000 or $100,000 in excess thereof (or, that if the Swingline Lender may request, on behalf Unused Commitments of the BorrowerLenders is less than $500,000, borrowings of Revolving Loans that are ABR Loans in other amounts pursuant to Section 2.4such lesser amount). Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender of the applicable Class thereof. Each Lender of the applicable Class 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 1:00 2:00 P.M., New York City Dallas, Texas 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 2 contracts
Sources: Credit Agreement (Chesapeake Midstream Partners Lp), Credit Agreement (Chesapeake Midstream Partners, L.P.)
Procedure for Revolving Loan Borrowing. The Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice substantially in the form of Exhibit B hereto (which notice must be received by the Administrative Agent prior to 11:00 A.M.12:00 Noon, New York City time, time (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, Loans or (b) one Business Day prior to the requested Borrowing Date, in the case of ABR Base Rate Loans) (provided that any such notice of a borrowing of ABR Loans to finance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount, Class amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Each Borrowing under the Revolving Loans made on the Closing Date shall initially be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative Agent. Each borrowing of Revolving Loans Commitments shall be in an aggregate amount equal to (x) in the case of ABR Base Rate Loans, $500,000 1,000,000 or a whole multiple of thereof (or, if the then Available Revolving Commitments are less than $100,000 in excess thereof and 1,000,000, such lesser amount) or (y) in the case of Eurodollar Loans, $3,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, provided that the Swingline Lender may request, on behalf of the Borrower, borrowings of under the Revolving Loans Commitments that are ABR Base Rate Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender of the applicable Class thereof. Each Lender of the applicable Class will make the amount of its pro rata share Revolving Commitment Percentage of each borrowing Borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 1:00 P.M., New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing Borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of by 2:00 P.M., New York City time, on such Borrowing Date, as directed by the Borrower on the books of such office with in 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 2 contracts
Sources: Credit Agreement (Calpine Corp), Credit Agreement (Calpine Corp)
Procedure for Revolving Loan Borrowing. The Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, ; provided that the Borrower shall give the Administrative Agent an irrevocable notice Notice of Borrowing (which notice must be received by the Administrative Agent prior to 11:00 A.M., New York City time, 10:00 A.M. (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one (1) Business Day prior to the requested Borrowing Date, in the case of ABR LoansLoans (in each case, with originals to follow within three (3) Business Days)) (provided that any such notice Notice of a borrowing Borrowing of ABR Loans under the Revolving Facility to finance payments required by under Section 3.5 3.5(a) may be given not later than 10:00 A.M., New York City time, A.M. on the date of the proposed borrowing), in each such case specifying (i) the amount, Class amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and Date, (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor, and (iv) instructions for remittance of the proceeds of the applicable Loans to be borrowed. Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless the Borrower has provided to Unless otherwise agreed by the Administrative Agent and the Lenders in its sole discretion, no Revolving Loan may be made as, converted into or continued as a funding indemnity Eurodollar Loan having an Interest Period in form and substance reasonably satisfactory excess of one month prior to the Administrative Agentdate that is 30 days after the Closing Date. Each borrowing of under the Revolving Loans Commitments shall be in an amount equal to (x) in the case of ABR Loans, $500,000 1,000,000 or a whole multiple of $100,000 in excess thereof and (y) in or, if the case of Eurodollar Loansthen aggregate Available Revolving Commitments are less than $1,000,000, $3,000,000 or a whole multiple of $1,000,000 in excess thereofsuch lesser amount); provided, provided that the Swingline Lender may request, on behalf of the Borrower, borrowings of under the Revolving Loans Commitments that are ABR Loans in other amounts pursuant to Section 2.42.7. Upon receipt of any such notice Notice of Borrowing from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender of the applicable Class thereof. Each Revolving Lender of the applicable Class will make the amount of its pro rata share of each such borrowing available to the Administrative Agent for the account of the Borrower at the Revolving Loan Funding Office prior to 1:00 P.M., New York City time, 12:00 P.M. 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 such account as is designated in writing to the account of Administrative Agent by the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative AgentAgent or, if so specified in the Flow of Funds Agreement, the Administrative Agent shall wire transfer or otherwise credit all or a portion of such aggregate amounts to SVB (for application against amounts then outstanding under the Existing Credit Facility), in accordance with the wire instructions specified for such purpose in the Flow of Funds Agreement.
Appears in 2 contracts
Sources: Credit Agreement (CrowdStrike Holdings, Inc.), Credit Agreement (CrowdStrike Holdings, Inc.)
Procedure for Revolving Loan Borrowing. The Borrower may borrow up to the Available Revolving Commitments under the Revolving Commitments during the Revolving Commitment Period on any Business Day, ; provided that the Borrower shall give the Administrative Agent an irrevocable notice Notice of Borrowing (which notice must be received by the Administrative Agent prior to 11:00 A.M.12:00 P.M., New York City Central time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar LoansLoans denominated in Dollars, or (b) four Business Days (or five Business Days in the case of a Special Notice Currency) prior to the requested Borrowing Date, in the case of ABR LoansEurodollar Loans denominated in Alternative Currencies, or (c) (provided that any such notice of a borrowing of ABR Loans to finance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, on the date of the proposed requested borrowing, in the case of ABR Loans), in each such case specifying (i) the amount, Class amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and Date, (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving , and (iv) instructions for remittance of the proceeds of the applicable Loans made on the Closing Date shall initially to be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative Agentborrowed. Each borrowing of, conversion to or continuation of a Eurodollar Loan shall be in a principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof (or, if the then aggregate Available Revolving Commitments are less than $1,000,000, such lesser amount). Except as provided in Sections 3.5(b) and 2.7(b), each borrowing of or conversion to ABR Loans shall be in an a principal amount equal to (x) in the case of ABR Loans, $500,000 or a whole multiple of $100,000 in excess thereof and (y) in or, if the case of Eurodollar Loansthen aggregate Available Revolving Commitments are less than $500,000, $3,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings of Revolving Loans that are ABR Loans in other amounts pursuant to Section 2.4such lesser amount). Upon receipt of any such notice Notice of Borrowing from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender of the applicable Class thereof. Each Revolving Lender of the applicable Class will make the amount of its pro rata share of each such borrowing available to the Administrative Agent for the account of the Borrower at the Revolving Loan Funding Office prior to 1:00 2:00 P.M., New York City timeCentral time in the case of any Loan denominated in Dollars, and prior to the Applicable Time specified by the Administrative Agent in the case of any Loan in an Alternative Currency, 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 such account as is designated in writing to the account of Administrative Agent by the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.
Appears in 2 contracts
Sources: Credit Agreement (Digi International Inc), Credit Agreement (Digi International Inc)
Procedure for Revolving Loan Borrowing. The Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 11:00 A.M., New York City time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) on the requested Borrowing Date, in the case of ABR Loans) (provided that any such notice of a borrowing of ABR Loans to finance payments required by Section 3.5 2.3(i) may be given not later than 10:00 11:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount, Class and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) the amount of each such Type of Revolving Loan and, in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative AgentLoans. Each borrowing of under the Revolving Loans Commitments shall be in an amount equal to (x) in the case of ABR Loans, $500,000 1,000,000 or a whole multiple of thereof (or, if the then aggregate Available Revolving Commitments are less than $100,000 in excess thereof 1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings of Revolving Loans that are ABR Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender of the applicable Class thereof. Each Lender of the applicable Class 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 1:00 P.M.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 Lenders and in like funds as received by the Administrative Agent.
Appears in 2 contracts
Sources: Credit Agreement (Westar Energy Inc /Ks), Credit Agreement (Westar Energy Inc /Ks)
Procedure for Revolving Loan Borrowing. The Each Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the relevant Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 11:00 A.M.12:00 Noon, New York City time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of ABR Loans) (provided that any such notice of a borrowing of ABR Loans to finance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount, Class amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative Agent. Each borrowing of under the Revolving Loans Commitments shall be in an amount equal to (x) in the case of ABR Loans, $500,000 5,000,000 or a whole multiple of $100,000 1,000,000 in excess thereof (or, if the then aggregate Available Revolving Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the relevant Borrower, borrowings of under the Revolving Loans Commitments that are ABR Loans in other amounts pursuant to Section 2.42.7. Upon receipt of any such notice from the either Borrower, the Administrative Agent shall promptly notify each Revolving Lender of the applicable Class thereof. Each Revolving Lender of the applicable Class will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the relevant Borrower at the Funding Office prior to 1:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the such Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower relevant Borrower, promptly upon receipt of such amounts by the Administrative Agent but in any event not later than 3:00 p.m. on the same Business Day, New York City time, by the Administrative Agent crediting the account of the such Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.
Appears in 2 contracts
Sources: Credit Agreement (Interstate Bakeries Corp/De/), Credit Agreement (Interstate Bakeries Corp/De/)
Procedure for Revolving Loan Borrowing. The Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 11:00 A.M., New York City Central time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) on the day of the requested Borrowing Date, in the case of ABR Base Rate Loans) (provided that any such notice of a borrowing of ABR Loans to finance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount, Class amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Revolving Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative Agent. Each borrowing of under the Revolving Loans Commitments shall be in an amount equal to (x) in the case of ABR Loans, $500,000 or a whole multiple of $100,000 in excess thereof and (yi) in the case of Eurodollar Loans, Loans $3,000,000 or a whole multiple multiples of $1,000,000 in excess thereof; providedthereof or (ii) in the case of Base Rate Loans $500,000 or $100,000 in excess thereof (or, that if the Swingline Lender may request, on behalf Unused Commitments of the BorrowerLenders is less than $500,000, borrowings of Revolving Loans that are ABR Loans in other amounts pursuant to Section 2.4such lesser amount). Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender of the applicable Class thereof. Each Lender of the applicable Class 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 1:00 2:00 P.M., New York City Central 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 or as otherwise directed by the Borrower 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 2 contracts
Sources: Credit Agreement, Credit Agreement (Access Midstream Partners Lp)
Procedure for Revolving Loan Borrowing. The Borrower may borrow up to the Available Revolving Commitments under the Revolving Commitments during the Revolving Commitment Period on any Business Day, ; provided that the Borrower shall give the Administrative Agent an irrevocable notice Notice of Borrowing (which notice must be received by the Administrative Agent prior to 11:00 A.M.12:00 P.M., New York City Central time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar LoansLoans denominated in Dollars, or (b) four Business Days (or five Business Days in the case of a Special Notice Currency) prior to the requested Borrowing Date, in the case of ABR LoansEurodollar Loans denominated in Alternative Currencies, or (c) (provided that any such notice of a borrowing of ABR Loans to finance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, on the date of the proposed requested borrowing, in the case of ABR Loans), in each such case specifying (i) the amount, Class amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and Date, (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving , and (iv) instructions for remittance of the proceeds of the applicable Loans made on the Closing Date shall initially to be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative Agentborrowed. Each borrowing of, conversion to or continuation of a Eurodollar Loan shall be in a principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof (or, if the then aggregate Available Revolving Commitments are less than $1,000,000, such lesser amount). Except as provided in Sections 3.5(b) and 2.7(b) each borrowing of or conversion to ABR Loans shall be in an a principal amount equal to (x) in the case of ABR Loans, $500,000 or a whole multiple of $100,000 in excess thereof and (y) in or, if the case of Eurodollar Loansthen aggregate Available Revolving Commitments are less than $500,000, $3,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings of Revolving Loans that are ABR Loans in other amounts pursuant to Section 2.4such lesser amount). Upon receipt of any such notice Notice of Borrowing from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender of the applicable Class thereof. Each Revolving Lender of the applicable Class will make the amount of its pro rata share of each such borrowing available to the Administrative Agent for the account of the Borrower at the Revolving Loan Funding Office prior to 1:00 2:00 P.M., New York City timeCentral time in the case of any Loan denominated in Dollars, and prior to the Applicable Time specified by the Administrative Agent in the case of any Loan in an Alternative Currency, 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 such account as is designated in writing to the account of Administrative Agent by the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.
Appears in 2 contracts
Sources: Credit Agreement (Digi International Inc), Credit Agreement (Digi International Inc)
Procedure for Revolving Loan Borrowing. The Borrower Borrowers may borrow under the relevant Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the relevant Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 11:00 A.M.12:00 Noon, New York City timeLocal Time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Eurocurrency Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of ABR Loans) (provided that any such notice of a borrowing of ABR Loans under the Revolving Facility to finance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City timeLocal Time, on the date of the proposed borrowing), specifying (i) the amount, Class amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Eurocurrency Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative Agent. Each borrowing of under the Revolving Loans Commitments shall be in an amount equal to (x) in the case of ABR Loans, $500,000 1,000,000 or a whole multiple of thereof (or, if the then aggregate Available Revolving Commitments are less than $100,000 in excess thereof 1,000,000, such lesser amount) and (y) in the case of Eurodollar Eurocurrency Loans, $3,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Parent Borrower, borrowings of under the US$ Revolving Loans Commitments that are ABR Loans in other amounts pursuant to Section 2.42.7(b). Upon receipt of any such notice from the Borrowernotice, the Administrative Agent shall promptly notify each relevant Revolving Lender of the applicable Class thereof. Each relevant Revolving Lender of the applicable Class will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the relevant Borrower at the Funding Office prior to 1:00 P.M., New York City timeLocal Time, on the Borrowing Date requested by the relevant Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the relevant Borrower by the Administrative Agent crediting the account of the such Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.
Appears in 2 contracts
Sources: Credit Agreement (Roper Industries Inc /De/), Credit Agreement (Roper Industries Inc /De/)
Procedure for Revolving Loan Borrowing. The Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day; provided, provided that the Borrower shall give the Administrative Agent irrevocable notice in the form of Exhibit F (which notice must be received by the Administrative Agent prior to 11:00 A.M.12:00 Noon, New York City time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of ABR Loans) (provided provided, that any such notice of a borrowing of ABR Loans under the Revolving Facility to finance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount, Class amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative Agent. Each borrowing of under the Revolving Loans Commitments shall be in an amount equal to (x) in the case of ABR Loans, $500,000 or a whole multiple of thereof (or, if the then aggregate Available Revolving Commitments are less than $100,000 in excess thereof 500,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 2,500,000 or a whole multiple of $1,000,000 500,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings of under the Revolving Loans Commitments that are ABR Loans in other amounts pursuant to Section 2.42.7. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender of the applicable Class thereof. Each Revolving Lender of the applicable Class 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 1:00 P.M.12:00 noon, New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Notwithstanding the foregoing, solely with respect to the Revolving Loans made on the Closing Date, not later than 9:00 A.M., New York City time, on the Closing Date each Revolving Lender shall make available to the Administrative Agent at the Funding Office an amount in immediately available funds equal to its pro rata share of such Revolving Loans; provided, that if any Revolving Lender has not funded its pro rata share of such Revolving Loans by 9:00 A.M., New York City time on the Closing Date and has not indicated to the Administrative Agent that it will not be funding its pro rata share of such Revolving Loans, the Administrative Agent is authorized to advance such Revolving Lender’s pro rata share of such Revolving Loans; provided further, that such Revolving Lender shall fund its pro rata share of such Revolving Loans no later than 12:00 Noon, New York City time on the Closing Date. 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 2 contracts
Sources: First Lien Credit Agreement (WEB.COM Group, Inc.), Credit Agreement (WEB.COM Group, Inc.)
Procedure for Revolving Loan Borrowing. The Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, ; provided that the Borrower shall give the Administrative Agent an irrevocable notice Notice of Borrowing (which notice must be received by the Administrative Agent prior to 11:00 A.M., New York City time, 10:00 A.M. (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one (1) Business Day prior to the requested Borrowing Date, in the case of ABR Loans) (provided that any such notice Notice of a borrowing Borrowing of ABR Loans under the Revolving Facility to finance payments required by under Section 3.5 3.5(a) may be given not later than 10:00 A.M., New York City time, A.M. on the date of the proposed borrowing), in each such case specifying (i) the amount, Class amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and Date, (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor, and (iv) instructions for remittance of the proceeds of the applicable Loans to be borrowed. Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless the Borrower has provided to Unless otherwise agreed by the Administrative Agent and the Lenders in its sole discretion, no Revolving Loan may be made as, converted into or continued as a funding indemnity Eurodollar Loan having an Interest Period in form and substance reasonably satisfactory excess of one month prior to the Administrative Agentdate that is 30 days after the Closing Date. Each borrowing of under the Revolving Loans Commitments shall be in an amount equal to (x) in the case of ABR Loans, $500,000 1,000,000 or a whole multiple of $100,000 in excess thereof and (y) in or, if the case of Eurodollar Loansthen Available Revolving Commitment are less than $1,000,000, $3,000,000 or a whole multiple of $1,000,000 in excess thereofsuch lesser amount); provided, provided that the Swingline Lender may request, on behalf of the Borrower, borrowings of under the Revolving Loans Commitments that are ABR Loans in other amounts pursuant to Section 2.42.7. Upon receipt of any such notice Notice of Borrowing from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender of the applicable Class thereof. Each Revolving Lender of the applicable Class will make the amount of its pro rata share of each such borrowing available to the Administrative Agent for the account of the Borrower at the Revolving Loan Funding Office prior to 1:00 P.M., New York City time, 12:00 P.M. 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 such account as is designated in writing to the account of Administrative Agent by the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent. No Revolving Loan will be made on the Closing Date.
Appears in 2 contracts
Sources: Credit Agreement (Alkami Technology, Inc.), Credit Agreement (Alkami Technology, Inc.)
Procedure for Revolving Loan Borrowing. The Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 11:00 A.M.12:00 Noon, New York City time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of ABR Loans) (provided that any such notice of a borrowing of ABR Loans to finance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount, Class amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative Agent. Each borrowing of Revolving Loans under the Commitments shall be in an amount equal to (x) in the case of ABR Loans, $500,000 1,000,000 or a whole multiple of $100,000 500,000 in excess thereof and (y) in or, if the case of Eurodollar Loansthen aggregate Available Commitments are less than $1,000,000, $3,000,000 or a whole multiple of $1,000,000 in excess thereofsuch lesser amount); provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings of Revolving Loans under the Commitments that are ABR Loans in other amounts pursuant to Section 2.42.5. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender of the applicable Class thereof. Each Lender of the applicable Class 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 1:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower in funds LOSANGELES 618830 v1 (2K) 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 2 contracts
Sources: Credit Agreement (Pacific Gas & Electric Co), Credit Agreement (Pg&e Corp)
Procedure for Revolving Loan Borrowing. The Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 11:00 A.M.12:00 Noon, New York City time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of ABR Loans) (provided that any such notice of a borrowing of ABR Loans to finance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount, Class amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative Agent. Each borrowing of under the Revolving Loans Commitments shall be in an amount equal to (x) in the case of ABR Loans, $500,000 2,000,000 or a whole multiple of $100,000 500,000 in excess thereof (or, if the then aggregate Available Revolving Commitments are less than $2,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings of under the Revolving Loans Commitments that are ABR Loans in other amounts pursuant to Section 2.42.6. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each relevant Lender of the applicable Class thereof. Each relevant Lender of the applicable Class 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 1:00 P.M.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 relevant Lenders and in like funds as received by the Administrative Agent.
Appears in 2 contracts
Sources: Credit Agreement (Rent a Center Inc De), Credit Agreement (Rent a Center Inc De)
Procedure for Revolving Loan Borrowing. The Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 11:00 A.M.12:00 Noon, New York City time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of ABR Base Rate Loans) (provided that any such notice of a borrowing of ABR Base Rate Loans to finance payments required by to be made pursuant to Section 3.5 2.5 may be given not later than 10:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount, Class amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative Agent. Each borrowing of under the Revolving Loans Commitments shall be in an amount equal to (x) in the case of ABR Base Rate Loans, $500,000 1,000,000 or a whole multiple of thereof (or, if the then aggregate Available Revolving Commitments are less than $100,000 in excess thereof 1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that (x) the Swingline Lender may request, on behalf of the Borrower, borrowings of under the Revolving Loans Commitments that are ABR Base Rate Loans in other amounts pursuant to Section 2.42.4 and (y) borrowings of Base Rate Loans pursuant to Section 2.11 shall not be subject to the foregoing minimum amounts. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender of the applicable Class thereof. Each Revolving Lender of the applicable Class 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 1:00 P.M.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 Lenders and in like funds as received by the Administrative Agent.
Appears in 2 contracts
Sources: Revolving Credit Agreement (CKX, Inc.), Revolving Credit Agreement (CKX, Inc.)
Procedure for Revolving Loan Borrowing. The Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, ; provided that the Borrower shall give the Administrative Agent an irrevocable notice Notice of Borrowing (which notice must be received by the Administrative Agent prior to 11:00 A.M., New York City time, 10:00 A.M. (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one (1) Business Day prior to the requested Borrowing Date, in the case of ABR Loans) (provided that any such notice Notice of a borrowing Borrowing of ABR Loans under the Revolving Facility to finance payments required by under Section 3.5 3.5(a) may be given not later than 10:00 A.M., New York City time, A.M. on the date of the proposed borrowing), in each such case specifying (i) the amount, Class amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and Date, (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor, and (iv) instructions for remittance of the proceeds of the applicable Loans to be borrowed. Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless the Borrower has provided to Unless otherwise agreed by the Administrative Agent and the Lenders in its sole discretion, no Revolving Loan may be made as, converted into or continued as a funding indemnity Eurodollar Loan having an Interest Period in form and substance reasonably satisfactory excess of one month prior to the Administrative Agentdate that is 30 days after the Closing Date. Each borrowing of under the Revolving Loans Commitments shall be in an amount equal to (x) in the case of ABR Loans, $500,000 100,000 or a whole multiple of $100,000 in excess thereof and (y) in or, if the case of Eurodollar Loansthen Available Revolving Commitment are less than $100,000, $3,000,000 or a whole multiple of $1,000,000 in excess thereofsuch lesser amount); provided, provided that the Swingline Lender may request, on behalf of the Borrower, borrowings of under the Revolving Loans Commitments that are ABR Loans in other amounts pursuant to Section 2.42.7. Upon receipt of any such notice Notice of Borrowing from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender of the applicable Class thereof. Each Revolving Lender of the applicable Class will make the amount of its pro rata share of each such borrowing available to the Administrative Agent for the account of the Borrower at the Revolving Loan Funding Office prior to 1:00 P.M., New York City time, 12:00 P.M. 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 such account as is designated in writing to the account of Administrative Agent by the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative AgentAgent or, if so specified in the Flow of Funds Agreement, the Administrative Agent shall wire transfer all or a portion of such aggregate amounts in accordance with the wire instructions specified therein.
Appears in 2 contracts
Sources: Credit Agreement (Kaltura Inc), Credit Agreement (Kaltura Inc)
Procedure for Revolving Loan Borrowing. The Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, ; provided that the Borrower shall give the Administrative Agent an irrevocable notice Notice of Borrowing (which notice must be received by the Administrative Agent prior to 11:00 A.M., New York City 10:00 A.M. (Pacific time, ) (a) three (3) U.S. Government Securities Business Days prior to the requested Borrowing Date, in the case of Eurodollar SOFR Loans, or (b) one (1) Business Day prior to the requested Borrowing Date, in the case of ABR LoansLoans (in each case, with originals to follow within three (3) Business Days)) (provided that any such notice Notice of a borrowing Borrowing of ABR Loans under the Revolving Facility to finance payments required by under Section 3.5 3.5(a) may be given not later than 10:00 A.M., New York City A.M. (Pacific time, ) on the date of the proposed borrowing), in each such case specifying (i) the amount, Class amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and Date, (iii) in the case of Eurodollar SOFR Loans, the respective amounts of each such Type of Loan Loan, and the respective lengths (iv) instructions for remittance of the initial Interest Period therefor. Any Revolving proceeds of the applicable Loans made on the Closing Date shall initially to be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative Agentborrowed. Each borrowing of under the Revolving Loans Commitments shall be in an amount equal to (x) in the case of ABR Loans, Five Hundred Thousand Dollars ($500,000 500,000) or a whole multiple of thereof (or, if the then aggregate Available Revolving Commitments are less than Five Hundred Thousand Dollars ($100,000 in excess thereof and (y) in the case of Eurodollar Loans500,000), $3,000,000 or a whole multiple of $1,000,000 in excess thereofsuch lesser amount); provided, provided that the Swingline Lender may request, on behalf of the Borrower, borrowings of under the Revolving Loans Commitments that are ABR Loans in other amounts pursuant to Section 2.42.7. Upon receipt of any such notice Notice of Borrowing from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender of the applicable Class thereof. Each Revolving Lender of the applicable Class will make the amount of its pro rata share of each such borrowing available to the Administrative Agent for the account of the Borrower at the Revolving Loan Funding Office prior to 1:00 P.M., New York City 12:00 P.M. (Pacific 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 an Authorized Credit Account with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent, and the Administrative Agent is hereby authorized by ▇▇▇▇▇▇▇▇ to so credit any Authorized Credit Account.
Appears in 2 contracts
Sources: Credit Agreement (Once Upon a Farm, PBC), Credit Agreement (Once Upon a Farm, PBC)
Procedure for Revolving Loan Borrowing. The Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 11:00 A.M., New York City time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of ABR Loans) (provided that any such notice of a borrowing of ABR Loans under the Revolving Facility to finance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount, Class amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Revolving Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Loans made on the Closing Date shall initially be ABR Loans and, unless the Borrower has provided to otherwise agreed by the Administrative Agent and the Lenders in its sole discretion, no Revolving Loan may be made as, converted into or continued as a funding indemnity Eurodollar Loan having an Interest Period in form and substance reasonably satisfactory excess of one month prior to the Administrative Agentdate that is thirty (30) days after the Closing Date. Each borrowing of under the Revolving Loans Commitments shall be in an amount equal to (x) in the case of ABR Loans, $500,000 1,000,000 or a whole multiple of $100,000 in excess thereof (or, if the then aggregate Available Revolving Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 1,000,000 or a whole multiple of $1,000,000 100,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings of Revolving Loans that are ABR Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender of the applicable Class thereof. Each Revolving Lender of the applicable Class 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 1:00 P.M.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 Lenders and in like funds as received by the Administrative Agent.
Appears in 2 contracts
Sources: Revolving Credit Agreement (Southern Star Central Corp), Revolving Credit Agreement (Southern Star Central Corp)
Procedure for Revolving Loan Borrowing. The (a) Subject to Section 3.1(c)(ii), the Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, ; provided that the Borrower shall give deliver to the Administrative Agent irrevocable notice a Borrowing Notice (which notice shall be irrevocable and must be received by the Administrative Agent prior to 11:00 A.M., New York City time, (ai) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (bii) one Business Day prior to the requested Borrowing Date, in the case of ABR Loans) (provided that any such notice of a borrowing of ABR Loans to finance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, on the date of the proposed borrowing), specifying (iA) the amount, Class amount and Type of Revolving Loans to be borrowed, (iiB) the requested Borrowing Date and (iiiC) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period Periods therefor. Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative Agent. Each borrowing of under the Revolving Loans Commitments shall be in an amount equal to (x) in the case of ABR Loans, $200,000 or a whole multiple of $100,000 in excess thereof (or, if the then aggregate Available Revolving Commitments for all Revolving Lenders are less than $200,000, such lesser amount) or (y) in the case of Eurodollar Loans, $500,000 or a whole multiple of $100,000 in excess thereof and (y) or, if the then aggregate Available Revolving Commitments for all Revolving Lenders are less than $500,000, such lesser amount), other than, in the case of Eurodollar Loansclauses (x) and (y), $3,000,000 or a whole multiple borrowing in the amount of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings of Revolving Loans that are ABR Loans in other amounts pursuant to an 38 ▇▇▇▇▇ Wind – Credit Agreement Unreimbursed Amount as contemplated by Section 2.43.1(c). Upon receipt of any such notice Borrowing Notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender of the applicable Class thereof. Each Revolving Lender of the applicable Class will make the amount of its pro rata share Revolving Percentage of each borrowing under the Revolving Facility available to the Administrative Agent for the account of the Borrower at the Funding Office (or by wire transfer to the Administrative Agent Account, unless otherwise directed in writing by the Administrative Agent) prior to 1:00 P.M.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 Lenders and in like funds as received by the Administrative Agent.
(b) Nothing in this Section 2.5 shall be deemed to relieve any Revolving Lender from its obligations to make Revolving Loans on the same terms and conditions as set forth herein and the Borrower shall retain any and all rights it may have against any such Revolving Lender resulting in the failure of such Revolving Lender to make such Revolving Loans under this Section 2.5. Subject to Section 2.21(g) to the extent applicable, the respective obligations of each Lender under this Agreement are several and not joint and no Lender shall be responsible for the failure of any other Lender to satisfy its obligations hereunder.
Appears in 2 contracts
Sources: Credit Agreement (REV Renewables, Inc.), Credit Agreement (REV Renewables, Inc.)
Procedure for Revolving Loan Borrowing. The (a) Subject to Section 3.1(c)(ii), the Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, ; provided that with respect to any borrowing of Revolving Loans (except as contemplated by Section 3.1(c)(ii)) the Borrower shall give deliver to the Administrative Agent irrevocable notice a Borrowing Notice (which notice shall be irrevocable and must be received by the Administrative Agent prior to 11:00 A.M.a.m., New York City time, (ai) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (bii) one (1) Business Day prior to the requested Borrowing Date, in the case of ABR Loans) (provided that any such notice of a borrowing of ABR Loans to finance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, on the date of the proposed borrowing), specifying (iA) the amount, Class amount and Type of Revolving Loans to be borrowed, (iiB) the requested Borrowing Date and (iiiC) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period Periods therefor. Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative Agent. Each borrowing of under the Revolving Loans Commitments shall be in an amount equal to (x) in the case of ABR Loans, $200,000 or a whole multiple of $100,000 in excess thereof (or, if the then aggregate Available Revolving Commitments for all Revolving Lenders are less than $200,000, such lesser amount) or (y) in the case of Eurodollar Loans, $500,000 or a whole multiple of $100,000 in excess thereof and (y) or, if the then aggregate Available Revolving Commitments for all Revolving Lenders are less than $500,000, such lesser amount), other than, in the case of Eurodollar Loansclauses (x) and (y), $3,000,000 or a whole multiple borrowing in the amount of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings of Revolving Loans that are ABR Loans in other amounts pursuant to an Unreimbursed Amount as contemplated by Section 2.43.1(c). Upon receipt of any such notice Borrowing Notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender of the applicable Class thereof. Each applicable Revolving Lender of the applicable Class will make the amount of its pro rata share Revolving Percentage of each borrowing under its applicable Revolving Facility available to the Administrative Agent for the account of the Borrower at the Funding Office (or by wire transfer to the Administrative Agent Account, unless otherwise directed in writing by the Administrative Agent) prior to 1:00 P.M.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 Lenders and in like funds as received by the Administrative Agent.
Appears in 2 contracts
Sources: Credit Agreement (REV Renewables, Inc.), Credit Agreement (REV Renewables, Inc.)
Procedure for Revolving Loan Borrowing. (a) The Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, ; provided that the Borrower shall give the Administrative Agent irrevocable notice in writing, substantially in the form of Exhibit A-1 hereto, (which notice must be received by the Administrative Agent (i) in the case of Eurodollar Loans, prior to 11:00 A.M., New York City time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, Date or (bii) the requested Borrowing Date, in the case of ABR Loans) (provided that any such notice of a borrowing of ABR Loans , prior to finance payments required by Section 3.5 may be given not later than 10:00 11:00 A.M., New York City time, on one Business Day prior to the date of the proposed borrowing)requested Borrowing Date, specifying (iA) the amount, Class aggregate principal amount and Type of Revolving Loans to be borrowed, (iiB) the requested Borrowing Date and (iiiC) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless Each borrowing by the Borrower has provided to under the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative Agent. Each borrowing of Revolving Loans Commitments shall be in an amount equal to (x) in the case of ABR Loans, $500,000 1,000,000 or a whole multiple of $100,000 in excess thereof and (y) in or, if the case of Eurodollar Loansthen aggregate Available Revolving Commitments are less than $1,000,000, $3,000,000 or a whole multiple of $1,000,000 in excess thereofsuch lesser amount); provided, provided that the Swingline Lender may request, on behalf of the Borrower, borrowings of under the Revolving Loans Commitments that are ABR Loans in other amounts pursuant to Section 2.42.7(b). Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender of the applicable Class thereof. Each Revolving Lender of the applicable Class 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 1:00 P.M.11:00 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 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 Lenders and in like funds as received by the Administrative Agent.the
Appears in 2 contracts
Sources: First Lien Credit Agreement (PGA Holdings, Inc.), First Lien Credit Agreement (PGA Holdings, Inc.)
Procedure for Revolving Loan Borrowing. The Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice in the form of a Borrowing Request (which notice must be received by the Administrative Agent prior to 11:00 A.M.2:00 P.M., New York City time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of ABR Loans) (provided that any such notice of a borrowing of ABR Loans under the Revolving Facility to finance payments required by Section 3.5 may be given not later than 10:00 A.M.1:00 P.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount, Class amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative Agent. Each borrowing of under the Revolving Loans Commitments shall be in an amount equal to (x) in the case of ABR Loans, $500,000 1,000,000 or a whole multiple of thereof (or, if the then aggregate Available Revolving Commitments are less than $100,000 in excess thereof 1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings of under the Revolving Loans Commitments that are ABR Loans in other amounts pursuant to Section 2.42.7. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender of the applicable Class thereof. Each Revolving Lender of the applicable Class 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 1:00 P.M.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 Lenders and in like funds as received by the Administrative Agent.
Appears in 2 contracts
Sources: Credit Agreement (Davita Inc), Credit Agreement (Davita Inc)
Procedure for Revolving Loan Borrowing. The Borrower Borrowers may borrow under up to the Available Revolving Commitments Commitment during the Revolving Commitment Period on any Business Day, ; provided that the Borrower Borrowers shall give the Administrative Agent Lender an irrevocable notice Notice of Borrowing (which notice must be received by the Administrative Agent Lender prior to 11:00 A.M., New York City Pacific time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of ABR LoansLoans (in each case, with originals to follow within three Business Days)) (provided that any such notice Notice of a borrowing Borrowing of ABR Loans under the Revolving Facility to finance payments required by under Section 3.5 3.5(a) may be given not later than 10:00 11:00 A.M., New York City Pacific time, on the date of the proposed borrowing), in each such case specifying (i) the amount, Class amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and Date, (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving , and (iv) instructions for remittance of the proceeds of the applicable Loans made on the Closing Date shall initially to be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative Agentborrowed. Each borrowing of under the Revolving Loans Commitments shall be in an amount equal to (x) in the case of ABR Loans, $500,000 1,000,000 or a whole multiple of $100,000 in excess thereof and (y) in or, if the case of Eurodollar Loansthen aggregate Available Revolving Commitment is less than $1,000,000, $3,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings of Revolving Loans that are ABR Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender of the applicable Class thereof. Each Lender of the applicable Class 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 1:00 P.M., New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agentlesser amount). Such borrowing will then be made available to the Borrower by the Administrative Agent Lender crediting the such account of the Borrower on the books of such office with the aggregate of the amounts made available as is designated in writing to the Administrative Agent Lender by the Lenders and in like funds as received by the Administrative AgentBorrower.
Appears in 2 contracts
Sources: Credit Agreement (Rightside Group, Ltd.), Credit Agreement (Rightside Group, Ltd.)
Procedure for Revolving Loan Borrowing. The Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice substantially in the form of Exhibit B hereto (which notice must be received by the Administrative Agent prior to 11:00 A.M.12:00 Noon, New York City time, time (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, Loans or (b) one Business Day prior to the requested Borrowing Date, in the case of ABR Base Rate Loans) (provided that any such notice of a borrowing of ABR Loans to finance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount, Class amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Each Borrowing under the Revolving Loans made on the Closing Date shall initially be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative Agent. Each borrowing of Revolving Loans Commitments shall be in an aggregate amount equal to (x) in the case of ABR Base Rate Loans, $500,000 1,000,000 or a whole multiple of thereof (or, if the then Available Revolving Commitments are less than $100,000 in excess thereof and 1,000,000, such lesser amount) or (y) in the case of Eurodollar Loans, $3,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, provided that the Swingline Lender may request, on behalf of the Borrower, borrowings of under the Revolving Loans Commitments that are ABR Base Rate Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender of the applicable Class thereof. Each Lender of the applicable Class will make the amount of its pro rata share Class Revolving Commitment Percentage of each borrowing applicable Borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 1:00 P.M., New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing Borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of by 2:00 P.M., New York City time, on such Borrowing Date, as directed by the Borrower on the books of such office with in 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 2 contracts
Sources: Credit Agreement (Calpine Corp), Credit Agreement (Calpine Corp)
Procedure for Revolving Loan Borrowing. The Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day; provided, provided that the Borrower shall give the Administrative Agent irrevocable notice (notice, which notice must be received by the Administrative Agent prior to 11:00 A.M.(a) 1:00 p.m., New York City time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Eurocurrency Loans, or (b) 11:00 a.m., New York City time, on the requested Borrowing Date, in the case of ABR Loans) (provided that any such notice of a borrowing of ABR Base Rate Loans to finance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, on the date of the proposed borrowing), specifying and which shall specify (i) the amount, Class amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Eurocurrency Loans, the respective amounts of each such Type of Loan and Loan, the respective lengths of the initial Interest Period therefor. Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless the Borrower has provided to the Administrative Agent therefor and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative Agentcurrency thereof. Each borrowing of under the Revolving Loans Commitments shall be in an amount equal to (x) in the case of ABR Base Rate Loans, $500,000 or a whole multiple of $100,000 in excess thereof and (y) in the case of Eurodollar Eurocurrency Loans, $3,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings of Revolving Loans that are ABR Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender of the applicable Class thereof. Each Revolving Lender of the applicable Class 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 1:00 P.M.(i) in the case of Eurocurrency Loans, 12:00 Noon, New York City time, or (ii) in the case of Base Rate Loans, 1:00 p.m., New York City time, and, in each case, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing amounts will then be made available to the Borrower by the Administrative Agent crediting the an account of the Borrower on the books of such office with the aggregate of the amounts made available to maintained by the Administrative Agent by the Lenders and Agent, in like amounts and funds as received by the Administrative Agent.
Appears in 2 contracts
Sources: Credit Agreement (Advanced Drainage Systems, Inc.), Credit Agreement (Advanced Drainage Systems, Inc.)
Procedure for Revolving Loan Borrowing. The Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, ; provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 11:00 A.M., New York City time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar LIBOR Rate Loans, or (b) on the requested Borrowing Date, in the case of ABR Loans) (provided further that any such notice of a borrowing of ABR Loans to finance payments required by Section 3.5 2.3(j) may be given not later than 10:00 11:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount, Class and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts amount of each such Type of Revolving Loan and and, in the case of LIBOR Rate Loans, the respective lengths of the initial Interest Period therefor. Any Revolving Loans made on the Closing Date shall initially may be ABR Loans unless or LIBOR Rate Loans (subject, in the Borrower has provided case of LIBOR Rate Loans, to the Administrative Agent and the Lenders receipt of a customary funding indemnity in form and substance reasonably satisfactory letter not less than three (3) Business Days prior to the Administrative AgentClosing Date). Each borrowing of under the Revolving Loans Commitments shall be in an amount equal to (x) in the case of ABR Loans, $500,000 1,000,000 or a whole multiple of thereof (or, if the then aggregate Available Revolving Commitments are less than $100,000 in excess thereof and (y) in the case of Eurodollar Loans1,000,000, $3,000,000 or a whole multiple of $1,000,000 in excess thereofsuch lesser amount); provided, provided that the Swingline Lender may request, on behalf of the Borrower, borrowings of under the Revolving Loans Commitments that are ABR Loans in other amounts pursuant to Section 2.42.19. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender of the applicable Class thereof. Each Lender of the applicable Class will make the amount of its pro rata share Revolving Percentage of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 1:00 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 the Administrative Agent by the Lenders and in like funds as received by the Administrative Agent.
Appears in 2 contracts
Sources: Second Extension Agreement (Westar Energy Inc /Ks), Credit Agreement (Westar Energy Inc /Ks)
Procedure for Revolving Loan Borrowing. The Borrower may borrow under the Revolving Commitments during the Initial Revolving Commitment Availability Period on any Business Day; provided, provided that the Borrower shall give the Administrative Agent irrevocable notice substantially in the form of Exhibit B-1 (which notice must be received by the Administrative Agent (i) prior to 11:00 A.M.a.m., New York City time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (bii) prior to 11:00 a.m., New York City time, on the requested Borrowing Date, in the case of ABR Base Rate Loans) (provided provided, that any such notice of a borrowing of ABR Base Rate Loans to finance payments required by to be made pursuant to Section 3.5 may be given not later than 10:00 A.M.1:00 p.m., New York City time, on the date of the proposed borrowing), specifying (ix) the amount, Class amount and Type of Revolving Loans to be borrowed, (iiy) the requested Borrowing Date and (iiiz) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative Agent. Each borrowing of under the Revolving Loans Commitments shall be in an amount equal to (x) in the case of ABR Base Rate Loans, $250,000 or a multiple of $100,000 in excess thereof (or, if the then aggregate Available Revolving Commitments are less than $250,000 or $100,000, as the case may be, such lesser amounts) and (y) in the case of Eurodollar Loans, $500,000 or a whole multiple of $100,000 in excess thereof and (y) in or, if the then aggregate Available Revolving Commitments are less than $500,000 or $100,000, as the case of Eurodollar Loansmay be, $3,000,000 or a whole multiple of $1,000,000 in excess thereofsuch lesser amounts); provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings of Revolving Base Rate Loans that are ABR Loans in other amounts pursuant to Section 2.43.11 shall not be subject to the foregoing minimum amounts. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender of the applicable Class thereof. Each Revolving Lender of the applicable Class 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 1:00 P.M.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 The Administrative Agent shall make the proceeds of such Revolving Loan available to the Borrower on such Borrowing Date by wire transfer of immediately available funds to a bank account designated in writing 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 2 contracts
Sources: Credit Agreement (Lantheus Holdings, Inc.), Credit Agreement (Lantheus Holdings, Inc.)
Procedure for Revolving Loan Borrowing. The Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, ; provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 11:00 A.M., New York City time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar LIBOR Rate Loans, or (b) on the requested Borrowing Date, in the case of ABR Base Rate Loans) (provided further that any such notice of a borrowing of ABR Base Rate Loans to finance payments required by Section 3.5 2.3(j) may be given not later than 10:00 11:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount, Class and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts amount of each such Type of Revolving Loan and and, in the case of LIBOR Rate Loans, the respective lengths of the initial Interest Period therefor. Any Revolving Loans made on the Closing Date shall initially may be ABR Base Rate Loans unless or LIBOR Rate Loans (subject, in the Borrower has provided case of LIBOR Rate Loans, to the Administrative Agent and the Lenders receipt of a customary funding indemnity in form and substance reasonably satisfactory letter not less than three (3) Business Days prior to the Administrative AgentClosing Date). Each borrowing of under the Revolving Loans Commitments shall be in an amount equal to (x) in the case of ABR Loans, $500,000 1,000,000 or a whole multiple of thereof (or, if the then aggregate Available Revolving Commitments are less than $100,000 in excess thereof and (y) in the case of Eurodollar Loans1,000,000, $3,000,000 or a whole multiple of $1,000,000 in excess thereofsuch lesser amount); provided, provided that the Swingline Lender may request, on behalf of the Borrower, borrowings of under the Revolving Loans Commitments that are ABR Base Rate Loans in other amounts pursuant to Section 2.42.19. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender of the applicable Class thereof. Each Lender of the applicable Class will make the amount of its pro rata share Revolving Percentage of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 1:00 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 the Administrative Agent by the Lenders and in like funds as received by the Administrative Agent.
Appears in 2 contracts
Sources: Credit Agreement (Westar Energy Inc /Ks), Credit Agreement (Westar Energy Inc /Ks)
Procedure for Revolving Loan Borrowing. The Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, ; provided that the Borrower shall give the Administrative Agent irrevocable written notice pursuant to a Borrowing Notice (which notice must be received by the Administrative Agent (i) in the case of Term Benchmark Loans denominated in U.S. Dollars, prior to 11:00 A.M.a.m., New York City time, (a) three (3) U.S. Government Securities Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or Date and (bii) the requested Borrowing Date, in the case of ABR Loans) (provided that any such notice of a borrowing of ABR Loans , prior to finance payments required by Section 3.5 may be given not later than 10:00 A.M.a.m., New York City time, on the date of the proposed borrowingBorrowing Date), specifying (ix) the amount, Class amount and Type of Revolving Loans to be borrowed, (iiy) the requested Borrowing Date and (iiiz) in the case of Eurodollar Term Benchmark Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless Each borrowing by the Borrower has provided to under the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative Agent. Each borrowing of Revolving Loans Commitments shall be in an amount equal to (x) in the case of ABR Loans, $500,000 50,000 or a whole multiple of $50,000 in excess thereof (or, if the then aggregate Available Revolving Commitments are less than $50,000, such lesser amount) and (y) in the case of Term Benchmark Loans, $100,000 or a whole multiple of $100,000 in excess thereof and (y) in the case of Eurodollar Loans, $3,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings of Revolving Loans that are ABR Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender of the applicable Class thereof. Each Revolving Lender of the applicable Class 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 by 1:00 P.M., New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the account of the Administrative Agent. Agent most recently designated by it for such purpose by notice to the Lenders; Such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of designated in writing by the Borrower on to the books of such office Administrative Agent with the aggregate of the amounts made available to the Administrative Agent by the such Revolving Lenders and in like funds as received by the Administrative Agent. If no election as to the Type of a Revolving Loan denominated in U.S. Dollars is specified, then the requested Loan shall a Term Benchmark Loan with an Interest Period of one month. If no Interest Period is specified with respect to any requested Term Benchmark Loan, the Borrower shall be deemed to have selected an Interest Period of one month’s duration.
Appears in 2 contracts
Sources: Us Tla/RCF Credit Agreement (Bending Spoons S.p.A.), Us Tla/RCF Credit Agreement (Bending Spoons S.p.A.)
Procedure for Revolving Loan Borrowing. The (a) Any Borrower may borrow under the Available Revolving Commitments in Dollars during the Revolving Commitment Period on any Business Day, provided that the such Borrower shall give the Administrative Agent irrevocable notice notice, substantially in the form of Exhibit H (which notice must be received by the Administrative Agent prior to 11:00 A.M.(i) 3:00 P.M., New York City time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Eurocurrency Loans, or (bii) 1:00 P.M., New York City time, on the requested Borrowing Date, in the case of ABR Loans and (iii) 3:00 P.M. New York City time, three U.S. Government Securities Business Days prior to the requested Borrowing Date, in the case of Term Benchmark Loans) (provided that any such notice of a borrowing of ABR Loans under the Revolving Facility to finance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, on the date of the proposed borrowing), specifying (iA) the amountapplicable Borrower, Class (B) the amount and Type of Revolving Loans to be borrowed, (iiC) the requested Borrowing Date and (iiiD) in the case of Eurodollar Eurocurrency Loans and Term Benchmark Loans, the respective amounts of each such Type of Loan (and the respective lengths of the initial Interest Period therefor. Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative Agent). Each borrowing of under the Revolving Loans Commitments in Dollars shall be in an amount equal to (x) in the case of ABR Loans, $500,000 or a whole multiple of $100,000 in excess thereof (or, if the then aggregate Available Revolving Commitments are less than $500,000, such lesser amount) and (y) in the case of Eurodollar Eurocurrency Loans and Term Benchmark Loans, $3,000,000 5,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the BorrowerBorrowers, borrowings of under the Revolving Loans Commitments that are ABR Loans in other amounts pursuant to Section 2.42.7. Upon receipt of any such notice from the applicable Borrower, the Administrative Agent shall promptly notify each Revolving Lender of the applicable Class thereof. Each Revolving Lender of the applicable Class will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the applicable Borrower at the Funding Office prior to 1:00 2:30 P.M., New York City time, on the Borrowing Date requested by the applicable Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the applicable Borrower by the Administrative Agent crediting the account of the applicable Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.
(b) Any Borrower may borrow under the Available Revolving Commitments in any Foreign Currency during the Revolving Commitment Period on any Business Day; provided that such Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to (x) 2:00 P.M., Local Time, three Business Days prior to the requested Borrowing Date, in the case of Foreign Currency Loans (other than Foreign Currency Loans denominated in Pounds Sterling), or (y) 11:00 a.m., New York City time, five Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Loans denominated in Pounds Sterling), specifying (i) the applicable Borrower, (ii) the amount of Foreign Currency Loans to be borrowed, (iii) the Foreign Currency in which such Foreign Currency Loans will be denominated, (iv) the requested Borrowing Date, (v) the length of the initial Interest Period therefor and (vi) the applicable account of such Borrower to which such funds will be credited or disbursed. Upon receipt of any such notice from the applicable Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each borrowing of Foreign Currency Loans in a particular Foreign Currency shall be in a minimum amount as set forth on the Administrative Schedule. With respect to any borrowing of Foreign Currency Loans, the Foreign Currency Loan of each Revolving Lender shall be in an amount equal to its Revolving Percentage of the applicable borrowing. On each Borrowing Date, each Revolving Lender will make the amount of its share of such borrowing available to the Administrative Agent at the applicable office specified on the Administrative Schedule, prior to the time specified on the Administrative Schedule for the relevant Foreign Currency, in the relevant Foreign Currency in funds immediately available. Such borrowing will then be made available to the applicable Borrower in like funds as received by the Administrative Agent, by the Administrative Agent crediting or disbursing the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders to the account set forth by the applicable Borrower in the applicable borrowing notice.
Appears in 1 contract
Sources: Credit Agreement (Tempur Sealy International, Inc.)
Procedure for Revolving Loan Borrowing. The Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable written notice (it being understood that the Administrative Agent may accept a telephonic notice given by an Authorized Person and to be followed by a written confirmation by the next day, provided, that failure to deliver such written notice shall not affect the validity of any such request) (which notice must be received by the Administrative Agent prior to 11:00 A.M.1:00 P.M., New York City time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of ABR Base Rate Loans) (provided that any such notice of a borrowing of ABR Base Rate Loans to finance payments required by to be made pursuant to Section 3.5 may be given not later than 10:00 11:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount, Class amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to ; provided, that, at the Administrative Agent’s option, any such borrowing request relating to Base Rate Loans can, subject to Section 3.3, be funded as Swingline Loans by notice to the Borrower. Each borrowing of under the Revolving Loans Commitments shall be in an amount equal to (x) in the case of ABR Base Rate Loans, $500,000 1,000,000 or a whole multiple of $100,000 250,000 in excess thereof (or, if the then aggregate Available Revolving Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 1,000,000 or a whole multiple of $1,000,000 250,000 in excess thereof; provided, that (x) the Swingline Lender may request, on behalf of the Borrower, borrowings of under the Revolving Loans Commitments that are ABR Base Rate Loans in other amounts pursuant to Section 2.43.6 and (y) borrowings of Base Rate Loans pursuant to Section 3.11 shall not be subject to the foregoing minimum amounts. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender of the applicable Class thereof. Each Revolving Lender of the applicable Class will make the amount of its pro rata share Pro Rata Share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 1:00 P.M., New York City time (provided, that in the case of a borrowing of a Base Rate Loan under Section 3.11 each Revolving Lender will make the amount of its Pro Rata Share of such borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office by 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 1 contract
Sources: Credit Agreement (Einstein Noah Restaurant Group Inc)
Procedure for Revolving Loan Borrowing. The Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 11:00 A.M.12:00 Noon, New York City time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of ABR Loans) (provided that any such notice of a borrowing of ABR Loans under the Revolving Facility to finance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount, Class amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any No Revolving Loans will be made on the Closing Date shall initially be ABR Loans in excess of $10,000,000, unless otherwise agreed by the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative AgentJoint Bookrunners. Each borrowing of under the Revolving Loans Commitments shall be in an amount equal to (x) in the case of ABR Loans, $500,000 or a whole multiple of $100,000 in excess thereof over such amount (or, if the then aggregate Available Revolving Commitments are less than $500,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 1,000,000 or a whole multiple of $1,000,000 100,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings of under the Revolving Loans Commitments that are ABR Loans in other amounts pursuant to Section 2.42.7. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender of the applicable Class thereof. Each Revolving Lender of the applicable Class 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 1:00 P.M.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 Lenders and in like funds as received by the Administrative Agent.
Appears in 1 contract
Procedure for Revolving Loan Borrowing. The US Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, ; provided that the US Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 11:00 10:00 A.M., New York City Pacific time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of ABR LoansLoans (in each case, with originals to follow within 3 Business Days)) (provided that any such notice of a borrowing of ABR Loans under the Revolving Facility to finance payments required by under Section 3.5 3.5(a) may be given not later than 10:00 A.M., New York City Pacific time, on the date of the proposed borrowing), specifying (i) the amount, Class amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and Date, (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor, and (iv) instructions for remittance of the applicable Loans to be borrowed. Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless the Borrower has provided to Unless otherwise agreed by the Administrative Agent and the Lenders in its sole discretion, no Revolving Loan may be made as, converted into or continued as a funding indemnity Eurodollar Loan having an Interest Period in form and substance reasonably satisfactory excess of one month prior to the Administrative Agentdate that is 30 days after the Closing Date. Each borrowing of under the Revolving Loans Commitments shall be in an amount equal to (x) in the case of ABR Loans, $500,000 1,000,000 or a whole multiple of $100,000 in excess thereof and (y) in or, if the case of Eurodollar Loansthen aggregate Available Revolving Commitments are less than $1,000,000, $3,000,000 or a whole multiple of $1,000,000 in excess thereofsuch lesser amount; provided, that the Swingline Lender may request, on behalf of the US Borrower, borrowings of under the Revolving Loans Commitments that are ABR Loans in other amounts pursuant to Section 2.42.7. Upon receipt of any such notice from the US Borrower, the Administrative Agent shall promptly notify each Revolving Lender of the applicable Class thereof. Each Revolving Lender of the applicable Class will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the US Borrower at the Revolving Loan Funding Office prior to 1:00 12:00 P.M., New York City Pacific time, on the Borrowing Date requested by the US Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the US Borrower by the Administrative Agent crediting such account as is designated in writing to the account of Administrative Agent by the US Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.
Appears in 1 contract
Procedure for Revolving Loan Borrowing. The Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice in the form of Exhibit A, duly executed by a Responsible Officer and appropriately completed (a “Notice of Borrowing”), (which notice must be received by the Administrative Agent prior to 11:00 A.M., New York City time, 12:00 Noon (a) three (3) U.S. Government Securities Business Days prior to the requested Borrowing Date, in the case of Eurodollar EurodollarSOFR Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of ABR Loans) (provided that any such notice of a borrowing of ABR Loans to finance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount, Class amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar EurodollarSOFR Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless Subject to delivery by the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative Agent, at least two (2) Business Days prior to the Effective Date, of a customary LIBOR indemnity letter, the first Notice of Borrowing may be given prior to the effectiveness of this Agreement but otherwise in accordance with the preceding sentence (provided that, in the case of a borrowing of Eurodollar Loans requested to be made on the Effective Date, such request must be received by the Administrative Agent at least two (2) Business Days prior to the Effective Date). Each borrowing of Revolving Loans under the Commitments shall be in an amount equal to (x) in the case of ABR Loans, $500,000 or a whole multiple of $100,000 in excess thereof and (y) in the case of Eurodollar Loans, $3,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof; providedthereof (or, that if the Swingline Lender may requestthen aggregate Available Commitments are less than $3,000,000, on behalf of the Borrower, borrowings of Revolving Loans that are ABR Loans in other amounts pursuant to Section 2.4such lesser amount). Upon receipt of any such notice a Notice of Borrowing from the Borrower, the Administrative Agent shall promptly notify each Revolving Loan Lender of the applicable Class thereof. Each Revolving Loan Lender of the applicable Class 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 1:00 P.M., New York City time, 12:00 Noon 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 Loan Lenders and in like funds as received by the Administrative Agent.
Appears in 1 contract
Sources: Credit Agreement (Fair Isaac Corp)
Procedure for Revolving Loan Borrowing. The Borrower may borrow under the Revolving Commitments during the Revolving Commitment Availability Period on any Business Day, ; provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 11:00 A.M.12:00 Noon, New York City time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one (1) Business Day prior to the requested Borrowing Date, in the case of ABR Base Rate Loans) (provided that any such notice of a borrowing of ABR Base Rate Loans to finance payments required by to be made pursuant to Section 3.5 may be given not later than 10:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount, Class amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any ; provided that during the first thirty (30) days following the Closing Date, any Revolving Loans made on the Closing Date during such period that are LIBOR Loans shall initially be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative Agenthave an Interest Period of one (1) month. Each borrowing of under the Revolving Loans Commitments shall be in an amount equal to (x) in the case of ABR Base Rate Loans, $500,000 or a whole multiple of $100,000 in excess thereof (or, if the then aggregate Available Revolving Commitments are less than $500,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 1,000,000 or a whole multiple of $1,000,000 100,000 in excess thereof; provided, that (x) the Swingline Lender may request, on behalf of the Borrower, borrowings of under the Revolving Loans Commitments that are ABR Base Rate Loans in other amounts pursuant to Section 2.43.4 and (y) borrowings of Base Rate Loans pursuant to Section 3.11 shall not be subject to the foregoing minimum amounts. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender of the applicable Class thereof. Each Revolving Lender of the applicable Class 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 1:00 P.M.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 The Administrative Agent shall make the proceeds of such Revolving Loan available to the Borrower on such Borrowing Date by wire transfer of immediately available funds to a bank account designated in writing 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 Agent. No Revolving Loans or Swingline Loans shall be made on the Lenders and in like funds as received by the Administrative AgentClosing Date.
Appears in 1 contract
Sources: Credit Agreement (Intersil Corp/De)
Procedure for Revolving Loan Borrowing. (a) The U.S. Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the U.S. Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 11:00 A.M.12:00 Noon, New York City time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar LoansLoans (and, in the case of any borrowing to be made on the Restatement Effective Date, accompanied by a funding indemnity letter in form and substance reasonably acceptable to the Administrative Agent), or (b) on the date of the requested Borrowing Date, in the case of ABR Loans) (provided that any such notice of a borrowing of ABR Loans to finance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount, Class amount and Type of Revolving Loans to be borrowed, (ii) the currency of the Loans to be borrowed, (iii) the requested Borrowing Date and (iiiiv) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative Agent. Each borrowing of under the Revolving Loans Commitments shall be in an amount equal to (x1) in the case of ABR Loans, $500,000 or a whole multiple of $100,000 in excess thereof (or, if the then aggregate Available Revolving Commitments are less than $500,000, such lesser amount), and (y2) in the case of Eurodollar Loans, $3,000,000 1,000,000 or a whole multiple of $1,000,000 250,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the U.S. Borrower, borrowings of under the Revolving Loans Commitments that are ABR Loans in other amounts pursuant to Section 2.42.7. Upon receipt of any such notice from the U.S. Borrower, the Administrative Agent shall promptly notify each Revolving Lender of the applicable Class thereof. Each Revolving Lender of the applicable Class will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the U.S. Borrower at the Funding Office prior to 1:00 2:00 P.M., New York City time, on the Borrowing Date requested by the U.S. Borrower in funds solely by wire transfer of immediately available to funds. Except in respect of the Administrative Agent. Such provisions of this Agreement covering the reimbursement of Letters of Credit, such borrowing will then be made available to the U.S. Borrower by the Administrative Agent crediting the funds so received in the aforesaid account of the Administrative Agent to the account of the U.S. Borrower on the books of such office with or as otherwise directed in writing by the aggregate of the amounts U.S. Borrower; provided that ABR Revolving Loans made available to finance payments required by Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender.
(b) Each Lender at its option may make any Loan by the Lenders causing any domestic or foreign branch or Affiliate of such Lender to make such Loan (and in like funds the case of an Affiliate, the provisions of Sections 2.16, 2.18, 2.19 and 2.20 shall apply to such Affiliate to the same extent as received by to such Lender); provided that any exercise of such option shall not affect the Administrative Agentobligation of the U.S. Borrower to repay such Loan in accordance with the terms of this Agreement; provided, further, that no such domestic or foreign branch or Affiliate of such Lender shall be entitled to any greater indemnification under Section 2.19 in respect of any U.S. federal withholding tax with respect to any such Loan than that to which the applicable Lender would be entitled on the date on which such Loan was made had such applicable Lender funded such Loan on such date (except in connection with any indemnification entitlement arising as a result of any change in any Requirement of Law after the date on which such Loan was made).
Appears in 1 contract
Procedure for Revolving Loan Borrowing. (a) The Borrower and the Co-Borrower may borrow under the Revolving Commitments in Dollars during the Revolving Commitment Period on any Business Day, provided that the Borrower or the Co-Borrower, as applicable, shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 11:00 A.M.(a) 1:00 P.M., New York City time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) 11:00 a.m. on the requested Borrowing Date (or, in the case of Revolving Loans to be made on the Restatement Date, on the Business Day prior to the Restatement Date), in the case of ABR Loans) (provided that any such notice of a borrowing of ABR Loans under the Revolving Facility to finance payments required by Section 3.5 may be given not later than 10:00 A.M.1:00 P.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount, Class amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative Agent. Each borrowing of under the Revolving Loans Commitments shall be in an amount equal to (x) in the case of ABR Loans, $500,000 1,000,000 or a whole multiple of thereof (or, if the then aggregate Available Revolving Commitments are less than $100,000 in excess thereof 1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 2,500,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower or the Co-Borrower, as applicable, borrowings of under the Revolving Loans Commitments that are ABR Loans in other amounts pursuant to Section 2.42.7. Upon receipt of any such notice from the Borrower or the Co-Borrower, as applicable, the Administrative Agent shall promptly notify each Revolving Lender of the applicable Class thereof. Each Revolving Lender of the applicable Class will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower or the Co-Borrower, as applicable, at the Funding Office prior to 1:00 P.M., New York City time, on the Borrowing Date requested by the Borrower or the Co-Borrower, as applicable, in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower or the Co-Borrower, as applicable, by the Administrative Agent crediting the account of the Borrower or the Co-Borrower, as applicable, on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.
(b) The Borrower and the Co-Borrower may borrow under the Revolving Commitments in any Foreign Currency during the Revolving Commitment Period on any Business Day, provided that the Borrower or the Co-Borrower, as applicable, shall give the Foreign Currency Agent irrevocable notice (which notice must be received by the Foreign Currency Agent prior to 3:00 P.M., London time, four Business Days prior to the requested Borrowing Date), specifying (i) the amount of Foreign Currency Loans to be borrowed, (ii) the Foreign Currency in which such Foreign Currency Loans will be denominated, (iii) the requested Borrowing Date, (iv) the length of the initial Interest Period therefor and (v) the applicable account of the Borrower or the Co-Borrower, as applicable, to which such funds will be credited or disbursed. Upon receipt of any such notice from the Borrower or the Co-Borrower, as applicable, the Foreign Currency Agent shall promptly notify each Revolving Lender thereof. Each Borrowing of Foreign Currency Loans in a particular Foreign Currency shall be in a minimum amount equal to the Dollar Equivalent of $2,500,000. On the Borrowing Date, each Revolving Lender will make the amount of its pro rata share of each borrowing available to the Foreign Currency Agent at the applicable office specified on the Administrative Schedule, prior to the time specified on the Administrative Schedule for the relevant Foreign Currency, in the relevant Foreign Currency in funds immediately available. Such borrowing will then be made available to the Borrower or the Co-Borrower, as applicable, in like funds as received by the Foreign Currency Agent, by the Foreign Currency Agent crediting or disbursing the aggregate of the amounts made available to the Foreign Currency Agent by the Revolving Lenders to the account set forth by the Borrower or the Co-Borrower, as applicable, in the applicable borrowing notice.
(c) On the Restatement Date, all Existing Revolving Loans shall be deemed repaid and (i) such portion thereof that were ABR Loans shall be reborrowed as ABR Loans by the applicable Borrower, such portion thereof that were Eurodollar Loans shall be reborrowed as Eurodollar Loans by the applicable Borrower and such portion thereof that were Eurocurrency Loans shall be reborrowed as Eurocurrency Loans by the applicable Borrower (it being understood that for each tranche of Existing Revolving Loans that were Eurodollar Loans or Eurocurrency Loans, (x) the initial Interest Period for the relevant reborrowed Loans shall equal the remaining length of the Interest Period for such tranche and (y) the Eurodollar Rate or Eurocurrency Rate, as applicable, for the relevant reborrowed Loans during such initial Interest Period shall be the Eurodollar Rate or Eurocurrency Rate, as applicable, for such tranche immediately prior to the Restatement Date) and (ii) each such reborrowed Revolving Loan shall be deemed made in the same currency as the relevant Existing Revolving Loan. Any Revolving Lenders that are not Existing Revolving Lenders (and any Existing Revolving Lenders with Revolving Commitments as of the Restatement Date that are greater than their Existing Revolving Commitments) shall advance funds (in the relevant currency) to the Administrative Agent no later than 3:00 P.M., New York City time on the Restatement Date as shall be required to repay the Revolving Loans of Existing Revolving Lenders such that each Revolving Lender’s share of outstanding Revolving Loans denominated in a particular currency on the Restatement Date is equal to its Revolving Percentage of the total outstanding principal amount of the Revolving Loans denominated in such currency.
Appears in 1 contract
Sources: Credit Agreement (Allscripts Healthcare Solutions, Inc.)
Procedure for Revolving Loan Borrowing. The Borrower Borrowers may borrow under the relevant Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the relevant Borrower shall give the Administrative Agent irrevocable written notice (which notice must be received by the Administrative Agent prior to 11:00 A.M., New York City timeLocal Time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Eurocurrency Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of ABR Loans) (provided that any such notice of a borrowing of ABR Loans under the US$ Revolving Facility to finance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City timeLocal Time, on the date of the proposed borrowing), specifying (i) the amount, Class amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and Date, (iii) in the case of Eurodollar Eurocurrency Loans, the respective amounts of each such Type of Loan and Loan, the respective lengths of the initial Interest Period therefor. Any therefor and the details of the account to which funds are to be paid and (iv) in the case of Revolving Loans made on denominated in Dollars, whether they are to be Revolving Loans under the Closing Date US$ Revolving Facility or the Multicurrency Revolving Facility, provided that if no selection is made, such Revolving Loans shall initially be ABR Loans unless under the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative AgentUS$ Revolving Facility. Each borrowing of under the Revolving Loans Commitments shall be in an amount equal to (x) in the case of ABR Loans, $500,000 1,000,000 or a whole multiple of thereof (or, if the then aggregate Available Revolving Commitments are less than $100,000 in excess thereof 1,000,000, such lesser amount) and (y) in the case of Eurodollar Eurocurrency Loans, $3,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Parent Borrower, borrowings of under the US$ Revolving Loans Commitments that are ABR Loans in other amounts pursuant to Section 2.42.6(b). Upon receipt of any such notice from the Borrowernotice, the Administrative Agent shall promptly notify each relevant Revolving Lender of the applicable Class thereof. Each relevant Revolving Lender of the applicable Class will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the relevant Borrower at the Funding Office prior to 1:00 P.M., New York City timeLocal Time, on the Borrowing Date requested by the relevant Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the relevant Borrower by the Administrative Agent crediting the account of the such Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative AgentAgent or an account of the Borrower in the relevant jurisdiction and designated by the Borrower in the applicable Borrowing Request, in the case of Loans denominated in an Alternative Currency.
Appears in 1 contract
Procedure for Revolving Loan Borrowing. The Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 11:00 A.M.12:00 Noon, New York City time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of ABR Loans) (provided that any such notice of a borrowing of ABR Loans under the Revolving Facility to finance payments required by Section 3.5 may be given not later than 10:00 A.M.12:00 Noon, New York City time, on the date of the proposed borrowing), specifying (i) the amount, Class amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Loans made on the Closing Date shall initially be ABR Loans and, unless the Borrower has provided to otherwise agreed by the Administrative Agent and the Lenders in its sole discretion, no Revolving Loan may be made as, converted into or continued as a funding indemnity Eurodollar Loan having an Interest Period in form and substance reasonably satisfactory excess of one month prior to the Administrative Agentdate that is sixty days after the Closing Date. Each borrowing of under the Revolving Loans Commitments shall be in an amount equal to (x) in the case of ABR Loans, $500,000 1,000,000 or a whole multiple of thereof (or, if the then aggregate Available Revolving Commitments are less than $100,000 in excess thereof 1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, provided that the Swingline Lender may request, on behalf of the Borrower, borrowings of under the Revolving Loans Commitments that are ABR Loans in other amounts pursuant to Section 2.42.7. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender of the applicable Class thereof. Each Revolving Lender of the applicable Class 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 1:00 P.M.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 Lenders and in like funds as received by the Administrative Agent.
Appears in 1 contract
Procedure for Revolving Loan Borrowing. The Borrower Borrowers may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, ; provided that the Administrative Borrower shall give the Administrative Agent an irrevocable notice Notice of Borrowing (which notice must be received by the Administrative Agent prior to 11:00 10:00 A.M., New York City Pacific time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of ABR LoansLoans (in each case, with originals to follow within 3 Business Days)) (provided that any such notice Notice of a borrowing Borrowing of ABR Loans under the Revolving Facility to finance payments required by under Section 3.5 3.5(a) may be given not later than 10:00 A.M., New York City Pacific time, on the date of the proposed borrowing), in each such case specifying (i) the amount, Class amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and Date, (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor, and (iv) instructions for remittance of the proceeds of the applicable Loans to be borrowed. Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless the Borrower has provided to Unless otherwise agreed by the Administrative Agent and the Lenders in its sole discretion, no Revolving Loan may be made as, converted into or continued as a funding indemnity Eurodollar Loan having an Interest Period in form and substance reasonably satisfactory excess of one month prior to the Administrative Agentdate that is 30 days after the Funding Date. Each borrowing of under the Revolving Loans Commitments shall be in an amount equal to (x) in the case of ABR Loans, $500,000 1,000,000 or a whole multiple of $100,000 in excess thereof and (y) in or, if the case of Eurodollar Loansthen aggregate Available Revolving Commitments are less than $1,000,000, $3,000,000 or a whole multiple of $1,000,000 in excess thereofsuch lesser amount; provided, provided that the Swingline Lender may request, on behalf of the BorrowerBorrowers, borrowings of under the Revolving Loans Commitments that are ABR Loans in other amounts pursuant to Section 2.42.7. Upon receipt of any such notice Notice of Borrowing from the Administrative Borrower, the Administrative Agent shall promptly notify each Revolving Lender of the applicable Class thereof. Each Revolving Lender of the applicable Class will make the amount of its pro rata share of each such borrowing available to the Administrative Agent for the account of the applicable Borrower at the Revolving Loan Funding Office prior to 1:00 12:00 P.M., New York City Pacific time, on the Borrowing Date requested by the Administrative Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the applicable Borrower by the Administrative Agent crediting such account as is designated in writing to the account of the Administrative Agent by such Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative AgentAgent or, if so specified in the Flow of Funds Agreement, the Administrative Agent shall wire transfer all or a portion of such aggregate amounts to the holders of the Existing Notes (for application against amounts then outstanding under the Existing Notes) and, as applicable, the Existing Revolving Lender (for application against amounts then outstanding under the Existing Revolver), in each case in accordance with the wire instructions specified for such purpose in the Flow of Funds Agreement.
Appears in 1 contract
Procedure for Revolving Loan Borrowing. The Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 11:00 A.M.(a) 1:00 p.m., New York City time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) 12 Noon, New York City time, on the requested Borrowing Date, in the case of ABR Loans) (provided that any such notice of a borrowing of ABR Loans to finance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount, Class amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period Periods therefor. Any Revolving Unless notice of one or more Eurodollar Loans is given at least three (3) Business Days prior to the Closing Date, any Loans made on the Closing Date shall initially be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative AgentLoans. Each borrowing of Revolving Loans under the Commitments shall be in an amount equal to (x) in the case of ABR Loans, $500,000 100,000 or a whole any larger amount which is an even multiple of $100,000 in excess thereof (or, if the then aggregate Available Commitments are less than $100,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 1,000,000 or a whole multiple of $1,000,000 100,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings of Revolving Loans under the Commitments that are ABR Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender of the applicable Class thereof. Each Lender of the applicable Class 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 1:00 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 the Administrative Agent by the Lenders and in like funds as received by the Administrative AgentAgent or by otherwise transferring such amounts as the Borrower shall direct.
Appears in 1 contract
Sources: Credit Agreement (AV Homes, Inc.)
Procedure for Revolving Loan Borrowing. The Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, ; provided that the Borrower shall give the Administrative Agent an irrevocable notice Notice of Borrowing (which notice must be received by the Administrative Agent prior to 11:00 10:00 A.M., New York City Pacific time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one (1) Business Day prior to the requested Borrowing Date, in the case of ABR Loans) (provided that any such notice Notice of a borrowing Borrowing of ABR Loans under the Revolving Facility to finance payments required by under Section 3.5 3.5(a) may be given not later than 10:00 A.M., New York City Pacific time, on the date of the proposed borrowing), in each such case specifying (i) the amount, Class amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and Date, (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any , and (iv) instructions for remittance of the proceeds of the Revolving Loans made on the Closing Date shall initially to be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative Agentborrowed. Each borrowing of, conversion to or continuation of Revolving Loans a Eurodollar Loan shall be in an a principal amount equal to (x) in the case of ABR Loans, $500,000 or a whole multiple of $100,000 in excess thereof (or, if the then aggregate Available Revolving Commitments are less than $100,000, such lesser amount). Except as provided in Sections 3.5(b) and (y) 2.7(b), each borrowing of or conversion to ABR Loans shall be in the case a principal amount of Eurodollar Loans, $3,000,000 500,000 or a whole multiple of $1,000,000 100,000 in excess thereof; providedthereof (or, that if the Swingline Lender may requestthen aggregate Available Revolving Commitments are less than $100,000, on behalf of the Borrower, borrowings of Revolving Loans that are ABR Loans in other amounts pursuant to Section 2.4such lesser amount). Upon receipt of any such notice Notice of Borrowing from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender of the applicable Class thereof. Each Revolving Lender of the applicable Class will make the amount of its pro rata share of each such borrowing available to the Administrative Agent for the account of the Borrower at the Revolving Loan Funding Office prior to 1:00 12:00 P.M., New York City Pacific 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 such account as is designated in writing to the account of Administrative Agent by the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative AgentAgent or, if so specified in the Payoff Letter, the Administrative Agent shall wire transfer all or a portion of such aggregate amounts to the Existing Lender (for application against amounts then outstanding under the Existing Credit Facility), in accordance with the wire instructions specified for such purpose.
Appears in 1 contract
Procedure for Revolving Loan Borrowing. The (a) Each Borrower may borrow Dollar Revolving Loans under the Revolving Commitments during the Revolving Commitment Period on any Business Day; provided, provided that the that, such Borrower shall give the Administrative Agent irrevocable notice, which may be given by (A) telephone or (B) a Borrowing Notice; provided, that, any telephonic notice (which notice must be confirmed promptly by delivery to the Administrative Agent of a Borrowing Notice. Each such Borrowing Notice must be received by the Administrative Agent (x) prior to 11:00 A.M., New York City time, (a) three (3) two Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, Term SOFR Loans or (by) prior to 11:00 A.M., New York City time, on the requested Borrowing Date, in the case of ABR Loans) (provided that any such notice of a borrowing of ABR Loans to finance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount, Class amount and Type of Dollar Revolving Loans to be borrowed, (ii) the requested Borrowing Date Date, and (iii) in the case of Eurodollar Term SOFR Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative Agent. Each borrowing of Dollar Revolving Loans under the Commitments shall be in an amount equal to (x) in the case of ABR Loans, $500,000 1,000,000 or a whole multiple of $100,000 in excess thereof (or, if the then aggregate Available Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Term SOFR Loans, $3,000,000 or a whole multiple of $1,000,000 in excess thereofthereof (or, if the then aggregate Available Commitments are less than $1,000,000, such lesser amount); provided, that that, the Swingline Lender may request, on behalf of the BorrowerCompany, borrowings of Revolving Loans under the Commitments that are ABR Loans in other amounts pursuant to Section 2.42.5. Upon receipt of any such notice Borrowing Notice from the relevant Borrower, the Administrative Agent shall promptly notify each Lender thereof. Subject to Section 2.31, each Lender will make the amount of its pro rata share of each borrowing of Dollar Revolving Loans available to the Administrative Agent for the account of the applicable Class relevant Borrower at the Funding Office prior to 12:00 Noon, New York City time on the Borrowing Date requested by such Borrower in funds immediately available to the Administrative Agent. Subject to Section 2.31, such borrowing will then be made available to the relevant Borrower by the Administrative Agent crediting the account of such Borrower on the books of such office with the aggregate of the amounts made available in Dollars to the Administrative Agent by the Lenders and in like funds as received by the Administrative Agent or by wire transfer of such amounts to an account designated in writing by such Borrower to the Administrative Agent in connection with the relevant borrowing.
(b) Subject to the terms hereof, each Borrower may borrow Multicurrency Loans under the Multicurrency Subcommitments during the Commitment Period on any Business Day; provided, that, such Borrower shall give the Administrative Agent irrevocable notice, which may be given by (A) telephone or (B) a Borrowing Notice; provided, that, any telephonic notice must be confirmed promptly by delivery to the Administrative Agent of a Borrowing Notice. Each such Borrowing Notice must be received by the Administrative Agent prior to 11:00 A.M., New York City time, three Business Days (or four Business Days in the case of a Multicurrency Loan denominated in Yen) prior to the requested Borrowing Date, specifying (i) the requested Borrowing Date, (ii) the respective amounts of each Multicurrency Loan in each Foreign Currency and (iii) other than with respect to any Foreign Currency Daily Rate Loan, the respective lengths of the initial Interest Period therefor. Each borrowing under the Multicurrency Subcommitments shall be in an amount equal to (w) in the case of Multicurrency Loans denominated in Sterling, £1,000,000 or a whole multiple of £100,000 in excess thereof, (x) in the case of Multicurrency Loans denominated in Euros, €1,000,000 or a whole multiple of €100,000 in excess thereof, (y) in the case of Multicurrency Loans denominated in Canadian Dollars, C$1,000,000 or a whole multiple of C$100,000 in excess thereof and (z) in the case of Multicurrency Loans denominated in Yen, Y100,000,000 or a whole multiple of Y10,000,000 in excess thereof; provided, that, the Euro Swingline Lender may request, on behalf of any relevant Foreign Borrower, borrowings denominated in Euros under the Multicurrency Subcommitments that are Foreign Currency Term Rate Loans with an Interest Period of one month in other amounts pursuant to Section 2.5. Upon receipt of any Borrowing Notice from the relevant Borrower, the Administrative Agent shall promptly notify each Multicurrency Lender thereof. Each Multicurrency Lender of the applicable Class will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the relevant Borrower at the Funding Office prior to 1:00 P.M.12:00 Noon, New York City timeCity, in each case, on the Borrowing Date requested by the applicable Borrower in funds immediately available in the relevant Foreign Currency to the Administrative Agent. Such borrowing will then be made available to the applicable Borrower by the Administrative Agent crediting the account of the such Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Multicurrency Lenders and in like funds as received by the Administrative AgentAgent or by wire transfer of such amounts to an account designated in writing by such Borrower to the Administrative Agent in connection with the relevant borrowing.
(c) With respect to any Foreign Currency Daily Rate, Foreign Currency Term Rate or Term SOFR, the Administrative Agent will have the right to make Conforming Changes from time to time and, notwithstanding anything to the contrary herein or in any other Loan Document, any amendments implementing such Conforming Changes will become effective without any further action or consent of any other party to this Agreement or any other Loan Document; provided, that, with respect to any such amendment effected, the Administrative Agent shall post each such amendment implementing such Conforming Changes to the Company and the Lenders reasonably promptly after such amendment becomes effective.
(d) After giving effect to all Borrowings and all continuations of Loans as the same Type, there shall not be more than fifteen (15) Interest Periods in effect with respect to Loans.
(e) It is understood and agreed that any outstanding revolving credit extension that is a Eurocurrency Loan (as defined in the Existing Credit Agreement) shall continue as a Eurocurrency Loan (as defined in the Existing Credit Agreement) until the end of the current interest period(s) applicable thereto, and any provisions of the Existing Credit Agreement applicable to such loans are incorporated herein by reference, mutatis mutandis, and the parties hereto hereby agree that such provisions shall continue to apply to such loans until the end of the current interest period(s) applicable thereto.
Appears in 1 contract
Sources: Credit Agreement (Kennametal Inc)
Procedure for Revolving Loan Borrowing. The Each Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower Company (on behalf of such Borrower) shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to (a) 11:00 A.M., New York City timeLocal Time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Eurocurrency Loans, ABR Loans or Agreed Rate Loans borrowed by a Borrowing Subsidiary, or (b) 1:00 P.M., Local Time, one Business Day prior to the requested Borrowing Date, in the case of ABR LoansLoans borrowed by the Company) (provided that any such notice of a borrowing of ABR Loans under the Revolving Commitments to finance payments required by Section 3.5 may be given not later than 10:00 A.M.12:00 P.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount, Class amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and Date, (iii) in the case of Eurodollar Eurocurrency Loans or Agreed Rate Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any , (iv) the location and number of the account to which funds are to be disbursed, (v) the currency of the Revolving Loans made on to be borrowed and (vi) the Closing Date shall initially be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative Agentapplicable Borrower. Each borrowing of under the Revolving Loans Commitments shall be in an initial amount equal to (x) in the case of ABR Loans, $500,000 1,000,000 or a whole multiple thereof (or, if the then aggregate Available Revolving Commitments are less than $1,000,000 or not a whole multiple of $100,000 in excess thereof 1,000,000, the amount thereof) and (y) in the case of Eurodollar Eurocurrency Loans or Agreed Rate Loans, $3,000,000 5,000,000, €5,000,000 or ¥500,000,000, as applicable, or a whole multiple of $1,000,000, €1,000,000 or ¥100,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the applicable Borrower, borrowings of in Dollars under the Revolving Loans Commitments that are ABR Loans in other amounts pursuant to Section 2.42.5. Upon receipt of any such notice from the BorrowerCompany, the Administrative Agent shall promptly notify each Lender of the applicable Class thereof. Each Lender of the applicable Class will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the applicable Borrower at the applicable Funding Office prior to 1:00 P.M., New York City time, on the Borrowing Date requested by the Borrower Company in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the applicable Borrower by the Administrative Agent crediting the account of the applicable Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the applicable Lenders and in like funds as received by the Administrative Agent. If no election as to the currency of a Revolving Loan is specified in any such notice, then the requested Revolving Loan shall be denominated in Dollars. If no election as to the Type of Revolving Loan is specified in any such notice, then the requested Revolving Loan shall be a Eurocurrency Loan. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Company shall be deemed to have selected an Interest Period of one month’s duration.
Appears in 1 contract
Sources: Credit Agreement (First Solar, Inc.)
Procedure for Revolving Loan Borrowing. The Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent (a) (1) prior to 11:00 A.M.1:00 P.M., New York City time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar EurodollarTerm Benchmark Loans, or (2) in the case of an RFR Loan, not later than 11:00 a.m., New York City time, five (5) Business Days before the date of the proposed Borrowing, or (b) by 2:00 P.M., New York City time, on the requested Borrowing Date, in the case of ABR Loans) (provided that any such notice of a borrowing of ABR Loans to finance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount, Class amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar EurodollarTerm Benchmark Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative AgentLoans. Each borrowing of Revolving Loans under the Commitments shall be in an amount equal to (x) in the case of ABR Loans or RFR Loans, $500,000 1,000,000 or a whole multiple of thereof (or, if the then aggregate Available Commitments are less than $100,000 in excess thereof 1,000,000, such lesser amount) and (y) in the case of Eurodollar EurodollarTerm Benchmark Loans, $3,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings of Revolving Loans under the Commitments that are ABR Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender of the applicable Class thereof. Each Lender of the applicable Class 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 1:00 P.M.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 Lenders and in like funds as received by the Administrative AgentAgent or by otherwise transferring such amounts as the Borrower shall direct.
Appears in 1 contract
Procedure for Revolving Loan Borrowing. The Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 11:00 A.M.2:00 P.M., New York City time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of ABR Base Rate Loans) (provided that any such notice of a borrowing of ABR Base Rate Loans under the Revolving Facility to finance payments required by to be made pursuant to Section 3.5 may be given not later than 10:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount, Class amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative Agent. Each borrowing of under the Revolving Loans Commitments shall be in an amount equal to (xA) in the case of ABR Base Rate Loans, $500,000 1,000,000 or a whole multiple of thereof (or, if the then aggregate Available Revolving Commitments are less than $100,000 in excess thereof 1,000,000, such lesser amount) and (yB) in the case of Eurodollar Loans, $3,000,000 1,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, provided that the Swingline Lender may request, on behalf of the Borrower, borrowings of under the Revolving Loans Commitments that are ABR Base Rate Loans in other amounts pursuant to Section 2.43.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender of the applicable Class thereof. Each Revolving Lender of the applicable Class 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 1:00 P.M.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 by 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 1 contract
Sources: Credit Agreement (Protection One Alarm Monitoring Inc)
Procedure for Revolving Loan Borrowing. The Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice in the form of Exhibit A, duly executed by a Responsible Officer and appropriately completed (a “Notice of Borrowing”), (which notice must be received by the Administrative Agent prior to 11:00 A.M., New York City time, 12:00 Noon (a) three (3) U.S. Government Securities Business Days prior to the requested Borrowing Date, in the case of Eurodollar Term SOFR Loans, or (b) one U.S. Government Securities Business Day prior to the requested Borrowing Date, in the case of Daily Simple SOFR Loans or (c) one Business Day prior to the requested Borrowing Date, in the case of ABR Loans) (provided that any such notice of a borrowing of ABR Loans to finance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount, Class amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Term SOFR Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative Agent. Each borrowing of Revolving Loans under the Commitments shall be in an amount equal to (x) in the case of ABR Loans, $500,000 or a whole multiple of $100,000 in excess thereof and (y) in the case of Eurodollar Loans, $3,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof; providedthereof (or, that if the Swingline Lender may requestthen aggregate Available Commitments are less than $3,000,000, on behalf of the Borrower, borrowings of Revolving Loans that are ABR Loans in other amounts pursuant to Section 2.4such lesser amount). Upon receipt of any such notice a Notice of Borrowing from the Borrower, the Administrative Agent shall promptly notify each Revolving Loan Lender of the applicable Class thereof. Each Revolving Loan Lender of the applicable Class 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 1:00 P.M., New York City time, 12:00 Noon 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 Loan Lenders and in like funds as received by the Administrative Agent.
Appears in 1 contract
Sources: Credit Agreement (Fair Isaac Corp)
Procedure for Revolving Loan Borrowing. The Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 11:00 A.M.2:00 p.m., New York City time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one (1) Business Day prior to the requested Borrowing Date, in the case of ABR Loans) (provided that any such notice of a borrowing of ABR Loans to finance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount, Class amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative AgentLoans. Each borrowing of Revolving Loans under the Commitments shall be in an amount equal to (x) in the case of ABR Loans, $500,000 1,000,000 or a whole multiple of thereof (or, if the then-aggregate Available Commitments are less than $100,000 in excess thereof 1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings of Revolving Loans under the Commitments that are ABR Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender of the applicable Class thereof. Each Lender of the applicable Class will make the amount of its pro rata share Revolving Percentage of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 1:00 P.M.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 designated by 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.
Appears in 1 contract
Procedure for Revolving Loan Borrowing. The Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, ; provided that the Borrower shall will give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 11:00 A.M., New York City time12:00 Noon (local time at the Funding Office), (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of ABR Loans) (provided that any such notice of a borrowing of ABR Loans to finance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount, Class amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless the Borrower has provided to the Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative Agent. Each borrowing of Eurodollar Loans under the Revolving Loans shall Commitments will be in an amount equal to (x) in the case of ABR Loans, $500,000 or a whole multiple of $100,000 in excess thereof and (y) in the case of Eurodollar Loans, $3,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings of Revolving Loans that are ABR Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall will promptly notify each Revolving Lender of the applicable Class thereof. Each Revolving Lender of the applicable Class 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 1:00 P.M., New York City time12:00 Noon (local time at the Funding Office), 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 Lenders and in like funds as received by the Administrative Agent.Administrative
Appears in 1 contract