Common use of Procedure for Revolving Loan Borrowing Clause in Contracts

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 12:00 Noon, New York City time, three Business Days prior to the requested Borrowing Date or (ii) in the case of ABR Loans, prior to 12:00 Noon, New York City time, one Business Day prior to the proposed Borrowing Date), specifying (x) the amount and Type of Revolving Loans to be borrowed, (y) the requested Borrowing Date and (z) in the case of Eurocurrency Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount of all Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit). Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans, $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 Eurocurrency Loans, $1,000,000 or a whole multiple of $500,000 in excess thereof; provided that the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(a). Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 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 designated in writing by the Borrower to the Administrative Agent with the aggregate of the amounts made available to the Administrative Agent by 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

Samples: Credit Agreement (Booz Allen Hamilton Holding Corp), Guarantee and Collateral Agreement (Booz Allen Hamilton Holding Corp), Credit Agreement (Booz Allen Hamilton Holding Corp)

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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 12:00 Noon11:00 A.M., New York City time, (a) three (3) Business Days prior to the requested Borrowing Date Date, in the case of Eurodollar Loans, or (iib) the requested Borrowing Date, in the case of ABR Loans, prior ) (provided that any such notice of a borrowing of ABR Loans to 12:00 Noonfinance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, one Business Day prior to on the date of the proposed Borrowing Dateborrowing), specifying (xi) the amount amount, Class and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and (ziii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount of all Any Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for initially be ABR Loans unless the avoidance of doubt, shall not include Borrower has provided to the face amount of any outstanding Letters of Credit)Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative Agent. Each borrowing by the Borrower under the of Revolving Commitments Loans shall be in an amount equal to (x) in the case of ABR Loans, $1,000,000 500,000 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 Eurocurrency Eurodollar Loans, $1,000,000 3,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings under the of Revolving Commitments Loans that are ABR Loans in other amounts pursuant to Section 2.7(a)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 11:00 A.M.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 designated in writing by of the Borrower to on the Administrative Agent books of such office with the aggregate of the amounts made available to the Administrative Agent by such Revolving the 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

Samples: 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 Availability Period on any Business Day; provided that the Borrower shall give the Administrative Agent irrevocable written notice substantially in the form of Exhibit B-1 (which notice must be received by the Administrative Agent (ia) in the case of Eurocurrency Loans, prior to 12:00 Noon2:00 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, (i) three (3) Business Days prior to the requested Borrowing Date Date, in the case of Eurodollar Loans, or (ii) one (1) Business Day prior to the requested Borrowing Date, in the case of ABR Base Rate Loans, prior ) (provided that any such notice of a borrowing of Base Rate Loans to 12:00 Noonfinance payments required to be made pursuant to Section 3.5 may be given not later than 2:00 p.m., New York City time, one Business Day prior to on the date of the proposed Borrowing Dateborrowing), specifying (x) the amount and Type of Revolving Loans to be borrowed, (y) the requested Borrowing Date and (z) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount ; provided that prior to the earlier of all Revolving Loans made on (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 not exceed $25,000,000 have an Interest Period of one (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit)1) month. Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Base Rate Loans, $1,000,000 250,000 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 (or, if the then aggregate Available Revolving Commitments are less than $1,000,000500,000 or $100,000, as the case may be, such lesser amount) and (y) in the case of Eurocurrency Loans, $1,000,000 or a whole multiple of $500,000 in excess thereofamounts); provided that (x) the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Base Rate Loans in other amounts pursuant to Section 2.7(a)3.4 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 thereof. Each Revolving Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 11:00 A.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 the Administrative Agent crediting the wire transfer of immediately available funds to a bank account designated in writing by the Borrower to the Administrative Agent with the aggregate of the amounts made available to the Administrative Agent by 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

Samples: 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 provided, that the Borrower shall give the Administrative Agent irrevocable written notice (notice, which notice must be received by the Administrative Agent (i) in the case of Eurocurrency Loans, prior to 12:00 Noon1:00 p.m., New York City time, (a) three Business Days prior to the requested Borrowing Date or (ii) Date, in the case of ABR Eurodollar Loans, prior to 12:00 Noon, New York City time, or (b) one Business Day prior to the proposed requested Borrowing Date), specifying in the case of Base Rate Loans and which shall specify (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and (ziii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount of all Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit). Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Base Rate Loans, $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 Eurocurrency Eurodollar Loans, $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided that the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(a). Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 11:00 A.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 an account of the account designated in writing Borrower maintained by the Borrower to the Administrative Agent with the aggregate of the amounts made available to the Administrative Agent by such Revolving Lenders and Agent, in like amounts and 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 5 contracts

Samples: Intercreditor Agreement (KAR Auction Services, Inc.), Credit Agreement (KAR Auction Services, Inc.), Credit Agreement (KAR Auction Services, 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 12:00 Noon, New York City time, (a) three Business Days prior to the requested Borrowing Date Date, in the case of Eurodollar Loans, or (iib) one Business Day prior to the requested Borrowing Date, in the case of ABR Loans, prior ) (provided that any such notice of a borrowing of ABR Loans under the Revolving Facility to 12:00 Noonfinance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, one Business Day prior to on the date of the proposed Borrowing Dateborrowing), specifying (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and (ziii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount of all Any Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit)initially be ABR Loans. Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans, $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 Eurocurrency Eurodollar Loans, $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided that the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(a). Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 11:00 A.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 designated in writing by of the Borrower to on the Administrative Agent books of such office with the aggregate of the amounts made available to the Administrative Agent by such 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 Eurocurrency Loan, the Borrower shall be deemed to have selected an Interest Period of one month’s duration.

Appears in 5 contracts

Samples: 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 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 12:00 Noon11:00 A.M., New York City time, (a) three Business Days prior to the requested Borrowing Date Date, in the case of Eurodollar Loans, or (iib) one Business Day prior to the requested Borrowing Date, in the case of ABR Loans, prior ) (provided that any such notice of a borrowing of ABR Loans under the Revolving Facility to 12:00 Noonfinance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, one Business Day prior to on the date of the proposed Borrowing Dateborrowing), specifying (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and (ziii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount of all Any Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amountinitially be ABR Loans and, for unless otherwise agreed by the avoidance Administrative Agent 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 doubt, shall not include one month prior to the face amount of any outstanding Letters of Credit)date that is 60 days after the Closing Date. Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans, $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 Eurocurrency Eurodollar Loans, $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(a)2.7. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 11:00 A.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 designated in writing by of the Borrower to on the Administrative Agent books of such office with the aggregate of the amounts made available to the Administrative Agent by such 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 Eurocurrency Loan, the Borrower shall be deemed to have selected an Interest Period of one month’s duration.

Appears in 4 contracts

Samples: Credit Agreement (Universal Health Services Inc), Credit Agreement (Universal Health Services Inc), Collateral Agreement (Universal Health Services 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 written notice Borrowing Notice (which notice must be received by the Administrative Agent (i) in the case of Eurocurrency Loans, prior to 12:00 Noon, New York City time, (a) three Business Days prior to the requested Borrowing Date or (ii) Date, in the case of ABR Eurodollar Loans, or (b) one Business Day prior to 12:00 Noonthe requested Borrowing Date, in the case of Base Rate Loans) (provided that any such notice of a borrowing of Base Rate Loans to finance payments required to be made pursuant to Section 3.5 may be given not later than 10:00 A.M., New York City time, one Business Day prior to on the date of the proposed Borrowing Dateborrowing), specifying (xi) the amount and Type of U.S. Revolving Loans to be borrowed, (yii) the requested Borrowing Date and (ziii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount of all Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit). Each borrowing by the Borrower under the U.S. Revolving Commitments shall be in an amount equal to (x) in the case of ABR Base Rate Loans, $1,000,000 or a whole multiple of $100,000 in excess thereof (or, if the then aggregate Available U.S. Revolving Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurocurrency Eurodollar Loans, $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided provided, that (x) the Swingline U.S. Swing Line Lender may request, on behalf of the U.S. Borrower, borrowings under the U.S. Revolving Commitments that are ABR Base Rate Loans in other amounts pursuant to Section 2.7(a)3.4 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 thereof. Each Subject to the terms and conditions hereof, each U.S. Revolving Lender 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 11:00 A.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 the account designated in writing by the Borrower wiring (pursuant to instructions theretofore delivered to the Administrative Agent with by the U.S. Borrower) the aggregate of the amounts made available to the Administrative Agent by such the U.S. 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 4 contracts

Samples: Credit Agreement (Cedar Fair L P), Credit Agreement (Cedar Fair L P), Credit Agreement (Cedar Fair 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 written notice (which notice must be received by the Administrative Agent (ia) in the case of Eurocurrency Loans, prior to 12:00 Noon, New York City time, three Business Days prior to the requested Borrowing Date Date, in the case of Eurodollar Loans, or (iib) prior to 11:00 A.M., New York City time, on the requested Borrowing Date, in the case of ABR Loans, prior to 12:00 Noon, New York City time, one Business Day prior to the proposed Borrowing Date), ) specifying (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and (ziii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount of all Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit). Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans, $1,000,000 or a whole multiple of $100,000 500,000 in excess thereof (or, if the then aggregate Available Revolving Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurocurrency Loans); provided, $1,000,000 or a whole multiple of $500,000 in excess thereof; provided that the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(a)2.5. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 11:00 A.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 designated in writing by of the Borrower to on the Administrative Agent books of such office with the aggregate of the amounts made available to the Administrative Agent by such Revolving the 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 4 contracts

Samples: Credit Agreement (Pg&e Corp), Credit Agreement (PG&E Corp), Credit Agreement (PG&E Corp)

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 written notice Borrowing Notice (which notice must be received by the Administrative Agent (i) in the case of Eurocurrency Loans, prior to 12:00 Noon, New York City time, (a) three Business Days prior to the requested Borrowing Date or (ii) Date, in the case of ABR Eurodollar Loans, prior to 12:00 Noon, New York City time, one Business Day prior to or (b) on the proposed requested Borrowing Date, in the case of Base Rate Loans), specifying (xi) the amount and Type of U.S. Revolving Loans to be borrowed, (yii) the requested Borrowing Date and (ziii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount of all Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit). Each borrowing by the Borrower under the U.S. Revolving Commitments shall be in an amount equal to (x) in the case of ABR Base Rate Loans, $1,000,000 or a whole multiple of $100,000 in excess thereof (or, if the then aggregate Available U.S. Revolving Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurocurrency Eurodollar Loans, $1,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided that the Swingline Lender may request, on behalf borrowings of the Borrower, borrowings under the Revolving Commitments that are ABR Base Rate Loans in other amounts pursuant to Section 2.7(a)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 thereof. Each Subject to the terms and conditions hereof, each U.S. Revolving Lender 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 11:00 A.M.3:00 p.m., 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 the account designated in writing by the Borrower wiring (pursuant to instructions theretofore delivered to the Administrative Agent with by the U.S. Borrower) the aggregate of the amounts made available to the Administrative Agent by such the U.S. 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 4 contracts

Samples: Credit Agreement (Cedar Fair L P), Credit Agreement (Cedar Fair L P), Credit Agreement (Cedar Fair 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 written notice (which notice must be received by the Administrative Agent (i) in the case of Eurocurrency Loans, prior to 12:00 Noon11:00 A.M., New York City time, (a) three (3) Business Days prior to the requested Borrowing Date Date, in the case of Eurodollar Loans, or (iib) the requested Borrowing Date, in the case of ABR Loans, prior ) (provided that any such notice of a borrowing of ABR Loans to 12:00 Noonfinance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, one Business Day prior to on the date of the proposed Borrowing Dateborrowing), specifying (xi) the amount amount, Class and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and (ziii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount of all Any Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for initially be ABR Loans unless the avoidance of doubt, shall not include Borrower has provided to the face amount of any outstanding Letters of Credit)Administrative Agent and the Lenders a funding indemnity in form and substance reasonably satisfactory to the Administrative Agent. Each borrowing by the Borrower under the of Revolving Commitments Loans shall be in an amount equal to (x) in the case of ABR Loans, $1,000,000 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 Eurocurrency Eurodollar Loans, $1,000,000 3,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings under the of Revolving Commitments Loans that are ABR Loans in other amounts pursuant to Section 2.7(a)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 11:00 A.M.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 designated in writing by of the Borrower to on the Administrative Agent books of such office with the aggregate of the amounts made available to the Administrative Agent by such Revolving the 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 4 contracts

Samples: Credit Agreement (ESH Hospitality, Inc.), Credit Agreement (ESH Hospitality LLC), 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 provided, that the Borrower shall give the Administrative Agent irrevocable written notice in the form of Exhibit F (which notice must be received by the Administrative Agent (i) in the case of Eurocurrency Loans, prior to (a) 12:00 Noon, New York City time, three Business Days prior to the requested Borrowing Date Date, in the case of Eurodollar Loans, or (iib) 12:00 Noon, New York City time on the Business Day of the requested Borrowing Date, in the case of ABR Loans, prior to 12:00 Noon, New York City time, one Business Day prior to the proposed Borrowing Date), specifying (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and (ziii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount of all Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit). Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans, $1,000,000 500,000 or a whole multiple of $100,000 in excess thereof (or, if the then aggregate Available Revolving Commitments are less than $1,000,000500,000, such lesser amount) and (y) in the case of Eurocurrency Eurodollar Loans, $1,000,000 2,500,000 or a whole multiple of $500,000 in excess thereof; provided that the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(a). Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 11:00 A.M.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 designated in writing by of the Borrower to on the Administrative Agent books of such office with the aggregate of the amounts made available to the Administrative Agent by such 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 Eurocurrency Loan, the Borrower shall be deemed to have selected an Interest Period of one month’s duration.

Appears in 4 contracts

Samples: Credit Agreement (WEB.COM Group, Inc.), Credit Agreement (WEB.COM Group, Inc.), Credit Agreement (WEB.COM Group, 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 written notice notice, substantially in the form of Exhibit H (which notice must be received by the Administrative Agent prior to (i) in the case of Eurocurrency Loans, prior to 12:00 Noon3:00 P.M., New York City time, three Business Days prior to the requested Borrowing Date Date, in the case of Eurocurrency Loans, or (ii) 1:00 P.M., New York City time, on the requested Borrowing Date, in the case of ABR Loans, prior ) (provided that any such notice of a borrowing of ABR Loans under the Revolving Facility to 12:00 Noonfinance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, one Business Day prior to on the date of the proposed Borrowing Dateborrowing), specifying (xA) the applicable Borrower, (B) the amount and Type of Revolving Loans to be borrowed, (yC) the requested Borrowing Date and (zD) in the case of Eurocurrency Loans, the respective amounts of each such Type of Loan (and the respective lengths of the initial Interest Period therefor. The aggregate principal amount of all Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit). Each borrowing by the Borrower under the Revolving Commitments in Dollars shall be in an amount equal to (x) in the case of ABR Loans, $1,000,000 500,000 or a whole multiple of $100,000 in excess thereof (or, if the then aggregate Available Revolving Commitments are less than $1,000,000500,000, such lesser amount) and (y) in the case of Eurocurrency Loans, $1,000,000 5,000,000 or a whole multiple of $500,000 in excess thereof; provided provided, that the Swingline Lender may request, on behalf of the BorrowerBorrowers, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(a)2.7. Upon receipt of any such notice from the applicable Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the applicable Borrower at the Funding Office prior to 11:00 A.M.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 designated in writing by of the applicable Borrower to on the Administrative Agent books of such office with the aggregate of the amounts made available to the Administrative Agent by such 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 Eurocurrency Loan, the Borrower shall be deemed to have selected an Interest Period of one month’s duration.

Appears in 4 contracts

Samples: Credit Agreement (Tempur Sealy International, Inc.), Amendment and Restatement Agreement (Tempur Sealy International, Inc.), 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 (which notice must be received by the Administrative Agent (i) in the case of Eurocurrency Loans, prior to 12:00 Noon(a) 11:00 A.M., New York City time, three Business Days prior to the requested Borrowing Date Date, in the case of Term Benchmark Revolving Loans (or, with respect to any Term Benchmark Revolving Loans to be made on the Restatement Effective Date, such shorter time period as may be agreed by the Administrative Agent) or (iib) 2:00 P.M., New York City time, on the requested Borrowing Date, in the case of ABR Loans, prior to 12:00 Noon, New York City time, one Business Day prior to the proposed Borrowing Date), specifying (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and (ziii) in the case of Eurocurrency Term Benchmark Revolving Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount If any such notice requests a Term Benchmark Borrowing but does not specify an Interest Period, then the Borrower shall be deemed to have selected an Interest Period of all Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit)one month’s duration. Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans, $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 Eurocurrency Term Benchmark Revolving Loans, $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided that the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(a). Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share 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 (or, in the case of ABR Loans requested after 11:00 A.M., New York City time, prior to 4:00 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 designated in writing by of the Borrower to on the Administrative Agent books of such office with the aggregate of the amounts made available to the Administrative Agent by such Revolving the 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 4 contracts

Samples: Credit Agreement (Public Service Co of Colorado), Credit Agreement (Public Service Co of Colorado), Credit Agreement (Public Service Co of Colorado)

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 written notice (which notice must be received by the Administrative Agent (i) in the case of Eurocurrency Loans, prior to 12:00 Noon11:00 A.M., New York City time, (a) three Business Days prior to the requested Borrowing Date Date, in the case of Term Benchmark Loans, or (iib) one Business Day prior to the requested Borrowing Date, in the case of ABR Loans, prior ) (provided that any such notice of a borrowing of ABR Loans under the Revolving Facility to 12:00 Noonfinance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, one Business Day prior to on the date of the proposed Borrowing Dateborrowing), specifying (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and (ziii) in the case of Eurocurrency Term Benchmark Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount of all Notwithstanding the foregoing, the Parent Borrower may request Revolving Loans to be made on the Closing Date pursuant to irrevocable written notice to the Administrative Agent prior to 11:00 A.M., New York City time (or such later time as may be agreed by the Administrative Agent in its sole discretion) at least one (1) Business Day prior to the Closing Date, which such Revolving Loans shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount initially be Loans of any outstanding Letters of Credit)Type. Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans, $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 Eurocurrency Term Benchmark Loans, $1,000,000 2,000,000 or a whole multiple of $500,000 in excess thereof; provided provided, that the any Swingline Lender may request, on behalf of the applicable Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(a)2.7. Upon receipt of any such notice from the a Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the applicable Borrower at the Funding Office prior to 11:00 A.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 designated of the applicable Borrower specified in writing by the notice of 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 such 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 Eurocurrency Loan, the Borrower shall be deemed to have selected an Interest Period of one month’s duration.

Appears in 3 contracts

Samples: 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 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 written notice (which notice must be received by the Administrative Agent (i) in the case of Eurocurrency Loans, prior to 12:00 Noon11:00 A.M., New York City time, (a) three Business Days prior to the requested Borrowing Date Date, in the case of Eurodollar Loans, or (iib) one Business Day prior to the requested Borrowing Date, in the case of ABR Loans, prior ) (provided that any such notice of a borrowing of ABR Loans under the Revolving Facility to 12:00 Noonfinance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, one Business Day prior to on the date of the proposed Borrowing Dateborrowing), specifying (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and (ziii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount of all Notwithstanding the foregoing, the Parent Borrower may request Revolving Loans to be made on the Closing Date pursuant to irrevocable written notice to the Administrative Agent prior to 11:00 A.M., New York City time (or such later time as may be agreed by the Administrative Agent in its sole discretion) at least one (1) Business Day prior to the Closing Date, which such Revolving Loans shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount initially be Loans of any outstanding Letters Type; provided that, unless otherwise agreed by the Administrative Agent 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 Credit)one month prior to the date that is 60 days after the Closing Date. Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans, $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 Eurocurrency Eurodollar Loans, $1,000,000 2,000,000 or a whole multiple of $500,000 in excess thereof; provided provided, that the any Swingline Lender may request, on behalf of the applicable Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(a)2.7. Upon receipt of any such notice from the a Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the applicable Borrower at the Funding Office prior to 11:00 A.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 designated of the applicable Borrower specified in writing by the notice of 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 such 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 Eurocurrency Loan, the Borrower shall be deemed to have selected an Interest Period of one month’s duration.

Appears in 3 contracts

Samples: Credit Agreement (Ultra Clean Holdings, Inc.), Credit Agreement (Ultra Clean Holdings, Inc.), Amendment 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 written notice (which notice must be received by the Administrative Agent (i) in the case of Eurocurrency Loans, prior to 12:00 Noon, New York City time, (a) three Business Days prior to the requested Borrowing Date Date, in the case of Eurodollar Loans, or (iib) one Business Day prior to the requested Borrowing Date, in the case of ABR Loans, prior to 12:00 Noon, New York City time, one Business Day prior to the proposed Borrowing Date), ) specifying (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and (ziii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount of all Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit). Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans, $1,000,000 or a whole multiple of $100,000 500,000 in excess thereof (or, if the then aggregate Available Revolving Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurocurrency Loans); provided, $1,000,000 or a whole multiple of $500,000 in excess thereof; provided that the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(a)2.5. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 11:00 A.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 designated in writing by of the Borrower to on the Administrative Agent books of such office with the aggregate of the amounts made available to the Administrative Agent by such Revolving the 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

Samples: 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 written notice (which notice must be received by the Administrative Agent (i) in the case of Eurocurrency Loans, prior to 12:00 Noon11:00 a.m., New York City Charlotte, North Carolina time, (a) three Business Days prior to the requested Borrowing Date Date, in the case of Eurodollar Loans, or (iib) on the requested Borrowing Date, in the case of ABR Loans, prior to 12:00 Noon, New York City time, one Business Day prior to the proposed Borrowing Date), specifying (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and (ziii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount of all Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit). Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans, $1,000,000 or a whole multiple of $100,000 in excess thereof (orthereof, if the then aggregate Available Revolving Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurocurrency Eurodollar Loans, $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided provided, however, that the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(a2.3(d). Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share Revolving Percentage of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 11:00 A.M.1:00 p.m., New York City Charlotte, North Carolina time, on the Borrowing Date requested by or on behalf of 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 designated in writing by of the Borrower to on the Administrative Agent books of such Funding Office with the aggregate of the amounts made available to the Administrative Agent by such Revolving the Lenders and in like funds as received by the Administrative Agent. If no election as Agent or, at the Borrower’s option, by effecting a wire transfer of such amounts to an account designated by the Borrower 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 durationAdministrative Agent.

Appears in 3 contracts

Samples: Credit Agreement (Nicor Inc), Credit Agreement (Northern Illinois Gas Co /Il/ /New/), Credit Agreement (Agl Resources 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 written notice in the form of Exhibit D (which notice must be received by the Administrative Agent (i) in the case of Eurocurrency Loans, prior to 12:00 Noon11:00 A.M., New York City time, (a) three Business Days prior to the requested Borrowing Date Date, in the case of Eurodollar Loans, or (iib) one Business Day prior to the requested Borrowing Date, in the case of ABR Loans) (provided, prior that any such notice of a borrowing of ABR Loans under the Revolving Facility to 12:00 Noonfinance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, one Business Day prior to on the proposed requested Borrowing Date), specifying (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and (ziii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount of all Any Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit)initially be ABR Loans. Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans, $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 Eurocurrency Eurodollar Loans, $1,000,000 2,500,000 or a whole multiple of $500,000 in excess thereof; provided provided, that the any Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(a)2.7. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 11:00 A.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 designated in writing by of the Borrower to on the Administrative Agent books of such office with the aggregate of the amounts made available to the Administrative Agent by such 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 Eurocurrency Loan, the Borrower shall be deemed to have selected an Interest Period of one month’s duration.

Appears in 3 contracts

Samples: Amendment and Restatement Agreement (Bioventus Inc.), First Lien Credit Agreement (Bioventus Inc.), 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 written notice (notice, which notice must be received by the Administrative Agent (i) in the case of Eurocurrency Loans, prior to 12:00 Noon1:00 p.m., New York City time, (a) three Business Days prior to the requested Borrowing Date or (ii) Date, in the case of ABR Eurodollar Loans, prior to 12:00 Noon, New York City time, or (b) one Business Day prior to the proposed requested Borrowing Date), specifying in the case of Base Rate Loans and which shall specify (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and (ziii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount of all Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit). Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Base Rate Loans, $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 Eurocurrency Eurodollar Loans, $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided that the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(a). Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 11:00 A.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 an account of the account designated in writing Borrower maintained by the Borrower to the Administrative Agent with the aggregate of the amounts made available to the Administrative Agent by such Revolving Lenders and Agent, in like amounts and 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

Samples: Credit Agreement (Auto Disposal of Memphis, Inc.), Credit Agreement (Carbuyco, LLC), Credit Agreement (Adesa California, LLC)

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 12:00 Noon11:00 A.M., New York City Charlotte time, (a) three Business Days prior to the requested Borrowing Date Date, in the case of Eurodollar Loans, or (iib) one Business Day prior to the requested Borrowing Date, in the case of ABR Loans, prior to 12:00 Noon, New York City time, one Business Day prior to the proposed Borrowing Date), specifying (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and (ziii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount of all Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit). Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans, $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 Eurocurrency Eurodollar Loans, $1,000,000 2,000,000 or a whole multiple of $500,000 in excess thereof; provided provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(a)2.7. 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 thereof. Each Subject to Section 2.1(e), each Revolving Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 11:00 A.M.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 designated in writing by of the Borrower to on the Administrative Agent books of such office with the aggregate of the amounts made available to the Administrative Agent by such 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 Eurocurrency Loan, the Borrower shall be deemed to have selected an Interest Period of one month’s duration.

Appears in 3 contracts

Samples: 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 Agent irrevocable written notice (which notice must be received by the Administrative Agent (i) in the case of Eurocurrency Loans, prior to 12:00 Noonnoon, New York City time, (a) three Business Days prior to the requested Borrowing Date or (ii) Date, in the case of ABR Eurodollar Loans, or (b) one Business Day prior to 12:00 Noonthe requested Borrowing Date, in the case of Base Rate Loans) (provided that any such notice of a borrowing of Base Rate Loans to finance payments required to be made pursuant to Section 3.11 may be given not later than 10:00 A.M., New York City time, one Business Day prior to on the date of the proposed Borrowing Dateborrowing), specifying (xi) the aggregate amount and Type Types of Revolving Loans to be borrowed, (yii) in the event more than one Type of Revolving Loans, the respective amounts of each such Type of Revolving Loan, (iii) the requested Borrowing Date and (ziv) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount of all Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit). Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Base Rate Loans, $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 Eurocurrency Eurodollar Loans, $1,000,000 2,000,000 or a whole multiple of $500,000 100,000 in excess thereof; provided provided, that (x) the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Base Rate Loans in other amounts pursuant to Section 2.7(a)3.4 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 thereof. Each Revolving Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 11:00 A.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 designated in writing by of the Borrower to on the Administrative Agent books of such office with the aggregate of the amounts made available to the Administrative Agent by such the Revolving Lenders and in like funds as received by the Administrative Agent. If no election as to the Type No more than $5,000,000 of a Revolving Loan is specified, then the requested Loan Loans shall be an ABR Loan. If no Interest Period is specified with respect to any requested Eurocurrency Loan, made on the Borrower shall be deemed to have selected an Interest Period of one month’s durationClosing Date.

Appears in 3 contracts

Samples: Credit Agreement (Henry Schein Inc), Credit Agreement (Henry Schein Inc), Credit Agreement (Henry Schein 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 a fully executed Borrowing Notice (which notice must be received by the Administrative Agent (i) in the case of Eurocurrency Loans, prior to 12:00 Noon, New York City time, three Business Days prior to the requested Borrowing Date or (ii) in the case of ABR Loans, prior to 12:00 Noon10:00 a.m., New York City time, one Business Day prior to on the proposed Borrowing Date), specifying (x) the amount and Type of Revolving Loans to be borrowed, (y) the requested Borrowing Date and (z) in the case of Eurocurrency Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount of all Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit). Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans, $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 Eurocurrency Loans, $1,000,000 or a whole multiple of $500,000 in excess thereof; provided that the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(a). Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 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 designated in writing by the Borrower to the Administrative Agent with the aggregate of the amounts made available to the Administrative Agent by 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

Samples: Credit Agreement (Engility Holdings, Inc.), Credit Agreement (Engility Holdings, Inc.), Credit Agreement (Engility Holdings, Inc.)

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 Day; provided that Facility, 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 12:00 Noon2:00 P.M., New York City time, (a) three Business Days prior to the requested Borrowing Date Date, in the case of Eurodollar Loans, or (iib) one Business Day prior to the requested Borrowing Date, in the case of ABR Loans, prior to 12:00 Noon, New York City time, one Business Day prior to the proposed Borrowing Date), ) specifying (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and (ziii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period Periods therefor. The aggregate principal amount of all Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit). Each borrowing by the Borrower under the Revolving Commitments shall be in an aggregate amount equal to (xw) in the case of ABR Loans, $1,000,000 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 $1,000,0005,000,000, such lesser amount) and (yx) in the case of Eurocurrency Eurodollar Loans, $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(a)2.8. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 11:00 A.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 by such Revolving Lender. The Administrative Agent shall promptly credit the account of the Borrower by on the Administrative Agent crediting the account designated in writing by the Borrower to books of such office of the Administrative Agent with the aggregate of the amounts made available to the Administrative Agent by such the Revolving Lenders and Lenders, 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 durationeach case in immediately available funds.

Appears in 3 contracts

Samples: Amendment and Restatement Agreement (Tw Telecom Inc.), Credit 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 that the Borrower shall give the Administrative Agent irrevocable written notice in the form of Exhibit E (which notice must be received by the Administrative Agent (i) in the case of Eurocurrency Loans, prior to 12:00 Noon11:00 A.M., New York City time, (a) three Business Days prior to the requested Borrowing Date Date, in the case of Eurodollar Loans, or (iib) one Business Day prior to the requested Borrowing Date, in the case of ABR Loans, prior ) (provided that any such notice of a borrowing of ABR Loans under the Revolving Facility to 12:00 Noonfinance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, one Business Day prior to on the date of the proposed Borrowing Dateborrowing), specifying (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and (ziii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount of all Revolving Loans made on , and certifying that the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit)conditions set forth in Section 5.2 are satisfied. Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans, $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 Eurocurrency Eurodollar Loans, $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(a)2.7. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 11:00 A.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 designated in writing by of the Borrower to on the Administrative Agent books of such office with the aggregate of the amounts made available to the Administrative Agent by such 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 Eurocurrency Loan, the Borrower shall be deemed to have selected an Interest Period of one month’s duration.

Appears in 3 contracts

Samples: Term Loan Agreement (Medical Properties Trust Inc), And Collateral Agreement (Medical Properties Trust Inc), Revolving Credit and Term Loan Agreement (Medical Properties Trust Inc)

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 written notice (which notice must be received by the Administrative Agent (i) in the case of Eurocurrency Loans, prior to 12:00 Noon, New York City time, (a) three Business Days prior to the requested Borrowing Date Date, in the case of Eurodollar Loans, or (iib) one Business Day prior to the requested Borrowing Date, in the case of ABR Loans, prior to 12:00 Noon, New York City time, one Business Day prior to the proposed Borrowing Date), specifying (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and (ziii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount of all Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit). Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans, $1,000,000 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 $1,000,0002,000,000, such lesser amount) and (y) in the case of Eurocurrency Eurodollar Loans, $1,000,000 3,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(a). Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of 2.6 and the Borrower at may request borrowings under the Funding Office prior Revolving Commitments that are ABR Loans in other amounts pursuant to 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 designated in writing by the Borrower to the Administrative Agent with the aggregate of the amounts made available to the Administrative Agent by 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 durationSection 3.5.

Appears in 3 contracts

Samples: 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. 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 written notice Notice of Borrowing (which notice must be received by the Administrative Agent (i) in the case of Eurocurrency Loans, prior to 12:00 Noon1:00 P.M., New York City Eastern time, (a) three (3) Business Days prior to the requested Borrowing Date Date, in the case of Eurodollar Loans, or (iib) one (1) Business Day prior to the requested Borrowing Date, in the case of ABR LoansLoans (in each case, prior with originals to 12:00 Noonfollow within three (3) Business Days)) (provided that any such Notice of Borrowing of ABR Loans under the Revolving Facility to finance payments under Section 3.5(a) may be given not later than 1:00 P.M., New York City Eastern time, one Business Day prior to on the date of the proposed Borrowing Dateborrowing), in each such case specifying (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and Date, (ziii) in the case of Eurocurrency 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. The aggregate Unless otherwise agreed by the Administrative Agent 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 30 days after the Closing Date. Each borrowing of, conversion to or continuation of a Eurodollar Loan shall be in a principal amount of all Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit). Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans, $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 (y) 2.7(b), each borrowing of or conversion to ABR Loans shall be in the case a principal amount of Eurocurrency Loans, $1,000,000 500,000 or a whole multiple of $500,000 100,000 in excess thereof; provided that thereof (or, if the Swingline Lender may request, on behalf of the Borrower, borrowings under the then aggregate Available Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(aless than $1,000,000, such lesser amount). Upon receipt of any such notice Notice of Borrowing from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share of each such borrowing available to the Administrative Agent for the account of the Borrower at the Revolving Loan Funding Office prior to 11:00 A.M.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 the such account as is designated in writing by the Borrower to the Administrative Agent by the Borrower with the aggregate of the amounts made available to the Administrative Agent by such the Revolving Lenders and in like funds as received by the Administrative Agent. If no election as to the Type of a No Revolving Loan is specified, then which constitutes a Eurodollar Loan will be made on 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 durationClosing Date.

Appears in 3 contracts

Samples: Credit Agreement (Alarm.com Holdings, Inc.), Guarantee and Collateral 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 written notice (which notice must be received by the Administrative Agent (i) in the case of Eurocurrency Loans, prior to 12:00 Noon, New York City time, (a) three Business Days prior to the requested Borrowing Date or (ii) Date, in the case of ABR Eurodollar Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of Base Rate Loans) (provided that any such notice of a borrowing of Base Rate Loans to finance payments required to be made pursuant to Section 3.5 may be given not later than 12:00 Noon, New York City time, one Business Day prior to on the date of the proposed Borrowing Dateborrowing), specifying (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and (ziii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount of all Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit). Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Base Rate Loans, $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 Eurocurrency Eurodollar Loans, $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided provided, that (x) the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Base Rate Loans in other amounts pursuant to Section 2.7(a)3.4 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 thereof. Each Revolving Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 11:00 A.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 designated in writing by of the Borrower to on the Administrative Agent books of such office with the aggregate of the amounts made available to the Administrative Agent by such 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 Eurocurrency Loan, the Borrower shall be deemed to have selected an Interest Period of one month’s duration.

Appears in 3 contracts

Samples: Credit Agreement (Metropcs Communications Inc), Credit Agreement (Metropcs Communications Inc), Credit Agreement (Metropcs Communications 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 written notice (which notice must be received by the Administrative Agent (i) in the case of Eurocurrency Loans, prior to 12:00 Noon11:00 A.M., New York City time, three Business Days prior to the requested Borrowing Date Date, in the case of Eurodollar Loans, or (ii) prior to 10:00 A.M., New York City time on the requested Borrowing Date, in the case of ABR Loans, prior to 12:00 Noon, New York City time, one Business Day prior to the proposed Borrowing DateLoans (including for purposes of financing payments required by Section 3.5), specifying (xA) the amount and Type of Revolving Loans to be borrowed, (yB) the requested Borrowing Date and (zC) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount of all Any Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit)initially be ABR Loans. Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans, $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 Eurocurrency Eurodollar Loans, $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(a)2.7. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 11:00 A.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 designated in writing by of the Borrower to on the Administrative Agent books of such office with the aggregate of the amounts made available to the Administrative Agent by such 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 Eurocurrency Loan, the Borrower shall be deemed to have selected an Interest Period of one month’s duration.

Appears in 2 contracts

Samples: Credit Agreement (Mirant Corp), Guarantee and Collateral Agreement (Mirant North America, LLC)

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 written notice a Borrowing Notice (which notice shall be irrevocable and must be received by the Administrative Agent (i) in the case of Eurocurrency Loans, prior to 12:00 Noon11:00 A.M., New York City time, (i) three (3) Business Days prior to the requested Borrowing Date Date, in the case of Eurodollar Loans, or (ii) one (1) Business Day prior to the requested Borrowing Date, in the case of ABR Loans, prior to 12:00 Noon, New York City time, one Business Day prior to the proposed Borrowing Date), specifying (xA) the amount and Type of Revolving Loans to be borrowed, (yB) the requested Borrowing Date and (zC) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period Periods therefor. The aggregate principal amount of all Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit). Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans, $1,000,000 200,000 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 $1,000,000200,000, such lesser amount) and or (y) in the case of Eurocurrency Eurodollar Loans, $1,000,000 500,000 or a whole multiple of $500,000 100,000 in excess thereof; provided that thereof (or, if the Swingline Lender may request, on behalf of the Borrower, borrowings under the then aggregate Available Revolving Commitments that for all Revolving Lenders are ABR Loans less than $500,000, such lesser amount), other than, in other amounts pursuant to the case of clauses (x) and (y), a borrowing in the amount of a Revolving L/C Unreimbursed Drawing as contemplated by Section 2.7(a3.1(c). Upon Yards Creek – Credit Agreement receipt of any such notice Borrowing Notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share 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 11:00 A.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 designated in writing by the Borrower to the Administrative Agent with promptly transferring the aggregate of the amounts made available to the Administrative Agent by such the Revolving Lenders and in like funds as received by the Administrative Agent. If no election as Agent to an account maintained with the Depositary Agent pursuant to the Type terms of a Revolving Loan is specified, then the requested Loan shall be an ABR Loan. If no Interest Period is Depositary Agreement as specified with respect to any requested Eurocurrency Loan, by the Borrower shall be deemed to have selected an Interest Period for further application in accordance with the terms of one month’s durationthe Depositary Agreement.

Appears in 2 contracts

Samples: 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 written notice substantially in the form of Exhibit B hereto (which notice must be received by the Administrative Agent (i) in the case of Eurocurrency Loans, prior to 12:00 Noon, New York City time, time (a) three (3) Business Days prior to the requested Borrowing Date or (ii) Date, in the case of ABR Loans, prior to 12:00 Noon, New York City time, Eurodollar Loans or (b) one Business Day prior to the proposed requested Borrowing Date), in the case of Base Rate Loans, specifying (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and (ziii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount of all Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit). Each borrowing by the Borrower Borrowing under the Revolving Commitments shall be in an aggregate amount equal to (x) in the case of ABR Base Rate Loans, $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 or (y) in the case of Eurocurrency Eurodollar Loans, $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided that the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Base Rate Loans in other amounts pursuant to Section 2.7(a)2.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share Revolving Commitment Percentage of each borrowing Borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 11:00 A.M.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 designated in writing by 2:00 P.M., New York City time, on such Borrowing Date, as directed by the Borrower to the Administrative Agent with in the aggregate of the amounts made available to the Administrative Agent by such Revolving the 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 2 contracts

Samples: Credit Agreement (Calpine Corp), Credit Agreement (Calpine Corp)

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 written notice Notice of Borrowing (which notice must be received by the Administrative Agent (i) in the case of Eurocurrency Loans, prior to 12:00 NoonP.M., New York City Central time, (a) three Business Days prior to the requested Borrowing Date Date, in the case of Eurodollar Loans denominated in Dollars, (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 Eurodollar Loans denominated in Alternative Currencies, or (iic) on the date of the requested borrowing, in the case of ABR Loans, prior to 12:00 Noon, New York City time, one Business Day prior to the proposed Borrowing Date), in each such case specifying (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and Date, (ziii) in the case of Eurocurrency 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. The aggregate Each borrowing of, conversion to or continuation of a Eurodollar Loan shall be in a principal amount of all $5,000,000 or a whole multiple of $1,000,000 in excess thereof (or, if the then aggregate Available Revolving Loans made on the Closing Date shall not exceed Commitments are less than $25,000,000 (which 1,000,000, such lesser amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit). Each Except as provided in Sections 3.5(b) and 2.7(b), each borrowing by the Borrower under the Revolving Commitments of or conversion to ABR Loans shall be in an a principal amount equal to (x) in the case of ABR Loans, $1,000,000 500,000 or a whole multiple of $100,000 in excess thereof (or, if the then aggregate Available Revolving Commitments are less than $1,000,000500,000, such lesser amount) and (y) in the case of Eurocurrency Loans, $1,000,000 or a whole multiple of $500,000 in excess thereof; provided that the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(a). Upon receipt of any such notice Notice of Borrowing from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share of each such borrowing available to the Administrative Agent for the account of the Borrower at the Revolving Loan Funding Office prior to 11:00 A.M.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 the such account as is designated in writing by the Borrower to the Administrative Agent by the Borrower with the aggregate of the amounts made available to the Administrative Agent by such 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 Eurocurrency Loan, the Borrower shall be deemed to have selected an Interest Period of one month’s duration.

Appears in 2 contracts

Samples: 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 written notice (which notice must be received by the Administrative Agent (i) in the case of Eurocurrency LIBO Rate Loans, prior to 12:00 Noon1:00 P.M., New York City time, three two Business Days prior to the requested Borrowing Date or (ii) in the case of ABR Base Rate Loans, prior to 12:00 Noon, New York City time, one Business Day prior to on the proposed Borrowing Date), specifying (x) the amount and Type of Revolving Loans to be borrowed, (y) the requested Borrowing Date Date, and (z) in the case of Eurocurrency LIBO Rate Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor). The Any Revolving Loans made on the Closing Date shall initially be Base Rate Loans, and the aggregate principal amount of all Revolving Loans made on the Closing Date shall not exceed $25,000,000 15,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit). Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Base Rate Loans, $1,000,000 500,000 or a whole multiple of $100,000 50,000 in excess thereof (or, if the then aggregate Available Revolving Commitments are less than $1,000,000500,000, such lesser amount) and (y) in the case of Eurocurrency LIBO Rate Loans, $1,000,000 or a whole multiple of $500,000 250,000 in excess thereof; provided that the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Base Rate Loans in other amounts pursuant to Section 2.7(a). Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 11:00 A.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 designated in writing by of the Borrower to on the Administrative Agent books of the Funding Office with the aggregate of the amounts made available to the Administrative Agent by such 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 a Base Rate Loan. If no Interest Period is specified with respect to any requested Eurocurrency LIBO Rate Loan, the Borrower requested Loan shall be deemed to have selected made instead as a LIBO Rate Loan with an Interest Period of one month’s duration.

Appears in 2 contracts

Samples: And Collateral Agreement (Allison Transmission Holdings Inc), Credit Agreement (Allison Transmission 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 substantially in the form of Exhibit B hereto (which notice must be received by the Administrative Agent (i) in the case of Eurocurrency Loans, prior to 12:00 Noon, New York City time, time (a) three (3) Business Days prior to the requested Borrowing Date or (ii) Date, in the case of ABR Loans, prior to 12:00 Noon, New York City time, Eurodollar Loans or (b) one Business Day prior to the proposed requested Borrowing Date), in the case of Base Rate Loans, specifying (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and (ziii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount of all Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit). Each borrowing by the Borrower Borrowing under the Revolving Commitments shall be in an aggregate amount equal to (x) in the case of ABR Base Rate Loans, $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 or (y) in the case of Eurocurrency Eurodollar Loans, $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided that the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Base Rate Loans in other amounts pursuant to Section 2.7(a)2.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share 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 11:00 A.M.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 designated in writing by 2:00 P.M., New York City time, on such Borrowing Date, as directed by the Borrower to the Administrative Agent with in the aggregate of the amounts made available to the Administrative Agent by such Revolving the 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 2 contracts

Samples: 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 irrevocable written notice (which notice must be received by the Administrative Agent (i) in the case of Eurocurrency Loans, prior to 12:00 Noon, New York City time, (a) three Business Days prior to the requested Borrowing Date Date, in the case of Eurodollar Loans, or (iib) one Business Day prior to the requested Borrowing Date, in the case of ABR Loans, prior to 12:00 Noon, New York City time, one Business Day prior to the proposed Borrowing Date), ) specifying (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and (ziii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount of all Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit). Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans, $1,000,000 or a whole multiple of $100,000 500,000 in excess thereof (or, if the then aggregate Available Revolving Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurocurrency Loans); provided, $1,000,000 or a whole multiple of $500,000 in excess thereof; provided that the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(a)2.5. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 11:00 A.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 designated in writing by of the Borrower to on the Administrative Agent books of such office with the aggregate of the amounts made available to the Administrative Agent by such Revolving the 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 2 contracts

Samples: 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 Initial Revolving Commitment Availability Period on any Business Day; provided provided, that the Borrower shall give the Administrative Agent irrevocable written notice substantially in the form of Exhibit B-1 (which notice must be received by the Administrative Agent (i) in the case of Eurocurrency Loans, prior to 12:00 Noon11:00 a.m., New York City time, three (3) Business Days prior to the requested Borrowing Date Date, in the case of Eurodollar Loans, or (ii) in the case of ABR Loans, prior to 12:00 Noon11:00 a.m., New York City time, one Business Day prior on the requested Borrowing Date, in the case of Base Rate Loans) (provided, that any such notice of a borrowing of Base Rate Loans to finance payments required to be made pursuant to Section 3.5 may be given not later than 1:00 p.m., New York City time, on the date of the proposed Borrowing Dateborrowing), specifying (x) the amount and Type of Revolving Loans to be borrowed, (y) the requested Borrowing Date and (z) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount of all Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit). Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Base Rate Loans, $1,000,000 250,000 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 (or, if the then aggregate Available Revolving Commitments are less than $1,000,000500,000 or $100,000, as the case may be, such lesser amount) and (y) in the case amounts); provided, that borrowings of Eurocurrency Loans, $1,000,000 or a whole multiple of $500,000 in excess thereof; provided that the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Base Rate Loans in other amounts pursuant to Section 2.7(a)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 thereof. Each Revolving Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 11:00 A.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 the Administrative Agent crediting the wire transfer of immediately available funds to a bank account designated in writing by the Borrower to the Administrative Agent with the aggregate of the amounts made available to the Administrative Agent by 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.3.3

Appears in 2 contracts

Samples: Credit Agreement (Lantheus Holdings, Inc.), Credit Agreement (Lantheus Holdings, 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 written notice (which notice must be received by the Administrative Agent (i) in the case of Eurocurrency Loans, prior to 12:00 Noon, New York City time, (a) three Business Days prior to the requested Borrowing Date Date, in the case of Eurodollar Loans, or (iib) one Business Day prior to the requested Borrowing Date, in the case of ABR Loans, prior to 12:00 Noon, New York City time, one Business Day prior to the proposed Borrowing Date), specifying (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and (ziii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount of all Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit). Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans, $1,000,000 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 $1,000,0002,000,000, such lesser amount) and (y) in the case of Eurocurrency Eurodollar Loans, $1,000,000 3,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(a). Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of 2.6 and the Borrower at may request borrowings under the Funding Office prior Revolving Commitments that are ABR Loans in other amounts pursuant to 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 designated in writing by the Borrower to the Administrative Agent with the aggregate of the amounts made available to the Administrative Agent by 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 durationSection 3.6.

Appears in 2 contracts

Samples: Credit Agreement (Rent a Center Inc De), Credit Agreement (Rent a Center Inc De)

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 written notice (which notice must be received by the Administrative Agent (i) in the case of Eurocurrency Loans, prior to 12:00 Noon(a) 1:00 P.M., New York City time, three Business Days prior to the requested Borrowing Date Date, in the case of Eurodollar Loans, or (iib) 12:00 Noon 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, prior ) (provided that any such notice of a borrowing of ABR Loans under the Revolving Facility to 12:00 Noonfinance payments required by Section 3.5 may be given not later than 1:00 P.M., New York City time, one Business Day prior to on the date of the proposed Borrowing Dateborrowing), specifying (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and (ziii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount of all Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit). Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans, $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 Eurocurrency Eurodollar Loans, $1,000,000 2,500,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided provided, that the Swingline Lender may request, on behalf of the Borrower or the Co-Borrower, as applicable, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(a)2.7. Upon receipt of any such notice from the Borrower or the Co-Borrower, as applicable, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower or the Co-Borrower, as applicable, at the Funding Office prior to 11:00 A.M.2:00 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 designated in writing by of the Borrower to or the Administrative Agent Co-Borrower, as applicable, on the books of such office with the aggregate of the amounts made available to the Administrative Agent by such 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 Eurocurrency Loan, the Borrower shall be deemed to have selected an Interest Period of one month’s duration.

Appears in 2 contracts

Samples: Credit Agreement (Allscripts Healthcare Solutions, Inc.), Credit Agreement (Allscripts Healthcare Solutions, 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 written notice Notice of Borrowing (which notice must be received by the Administrative Agent (i) in the case of Eurocurrency Loans, prior to 12:00 Noon, New York City time, 10:00 A.M. (a) three (3) Business Days prior to the requested Borrowing Date Date, in the case of Eurodollar Loans, or (iib) one (1) Business Day prior to the requested Borrowing Date, in the case of ABR Loans, prior ) (provided that any such Notice of Borrowing of ABR Loans under the Revolving Facility to 12:00 Noon, New York City time, one Business Day prior to finance payments under Section 3.5(a) may be given not later than 10:00 A.M. on the date of the proposed Borrowing Dateborrowing), in each such case specifying (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and Date, (ziii) in the case of Eurocurrency 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. The aggregate principal amount Unless otherwise agreed by the Administrative Agent 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 all Revolving Loans made on one month prior to the date that is 30 days after the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit)Date. Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans, $1,000,000 or a whole multiple of $100,000 in excess thereof (or, if the then aggregate Available Revolving Commitments Commitment are less than $1,000,000, such lesser amount) and (y) in the case of Eurocurrency Loans, $1,000,000 or a whole multiple of $500,000 in excess thereof); provided that the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(a)2.7. Upon receipt of any such notice Notice of Borrowing from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share of each such borrowing available to the Administrative Agent for the account of the Borrower at the Revolving Loan Funding Office prior to 11:00 A.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 the such account as is designated in writing by the Borrower to the Administrative Agent by the Borrower with the aggregate of the amounts made available to the Administrative Agent by such the Revolving Lenders and in like funds as received by the Administrative Agent. If no election as to the Type of a No Revolving Loan is specified, then will be made on 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 durationClosing Date.

Appears in 2 contracts

Samples: 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 Designated Agent irrevocable written notice (which notice must be received by the Administrative Designated Agent (ia) in the case of Eurocurrency Loans, prior to 12:00 Noon, New York City time, three Business Days prior to the requested Borrowing Date Date, in the case of Eurodollar Loans, or (iib) prior to 1:00 P.M., New York City time, on the requested Borrowing Date, in the case of ABR Loans, ; provided that any notice of ABR Loans to be incurred on the Effective Date must be received prior to 12:00 Noon1:00 P.M., New York City time, one Business Day prior to the proposed Borrowing Effective Date), ) specifying (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and (ziii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount of all Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit). Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans, $1,000,000 or a whole multiple of $100,000 500,000 in excess thereof (or, if the then aggregate Available Revolving Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurocurrency Loans, $1,000,000 or a whole multiple of $500,000 in excess thereof; provided that the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(a). Upon receipt of any such notice from the Borrower, the Administrative Designated Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share of each borrowing available to the Administrative Designated Agent for the account of the Borrower at the Funding Office prior to 11:00 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 designated in writing by of the Borrower to on the Administrative Agent books of such office with the aggregate of the amounts made available to the Administrative Designated Agent by such Revolving the Lenders and in like funds as received by the Administrative Designated 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 2 contracts

Samples: Assignment and Assumption (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 that the Borrower shall give the Administrative Agent irrevocable written notice (which notice must be received by the Administrative Agent (ia) in the case of Eurocurrency Loans, prior to 12:00 Noon, New York City time, three Business Days prior to the requested Borrowing Date Date, in the case of Eurodollar Loans, or (iib) prior to 1:00 P.M., New York City time, on the requested Borrowing Date, in the case of ABR Loans, prior to 12:00 Noon, New York City time, one Business Day prior to the proposed Borrowing Date), ) specifying (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and (ziii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount of all Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit). Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans, $1,000,000 or a whole multiple of $100,000 500,000 in excess thereof (or, if the then aggregate Available Revolving Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurocurrency Loans); provided, $1,000,000 or a whole multiple of $500,000 in excess thereof; provided that the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(a)2.5. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 11:00 A.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 designated in writing by of the Borrower to on the Administrative Agent books of such office with the aggregate of the amounts made available to the Administrative Agent by such Revolving the 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 2 contracts

Samples: Credit Agreement (PACIFIC GAS & ELECTRIC Co), Assignment and Assumption (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 written notice (which notice must be received by the Administrative Agent (ia) in the case of Eurocurrency Loans, prior to 12:00 Noon, New York City time, three Business Days prior to the requested Borrowing Date Date, in the case of Eurodollar Loans, or (iib) prior to 11:00 A.M., New York City time, on the requested Borrowing Date, in the case of ABR Loans, prior to 12:00 Noon, New York City time, one Business Day prior to the proposed Borrowing Date), ) specifying (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and (ziii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount of all Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit). Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans, $1,000,000 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 $1,000,0005,000,000, such lesser amount) and (y) in the case of Eurocurrency Loans); provided, $1,000,000 or a whole multiple of $500,000 in excess thereof; provided that the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(a)2.5. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 11:00 A.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 designated in writing by of the Borrower to on the Administrative Agent books of such office with the aggregate of the amounts made available to the Administrative Agent by such Revolving the 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 2 contracts

Samples: 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 Day if the Borrower shall give gives the Administrative Agent irrevocable written notice (which notice must may be given by telephone (promptly confirmed in writing) or email (received by the Administrative Agent (i) in the case of Eurocurrency Loans, prior to 12:00 Noon2:00 P.M., New York City time, (a) three Business Days prior to the requested Borrowing Date or (ii) Date, in the case of ABR Eurodollar Loans, or (b) one Business Day prior to 12:00 Noonthe requested Borrowing Date, in the case of Base Rate Loans), except that any such notice of a borrowing of Base Rate Loans under the Revolving Facility to finance payments required to be made pursuant to Section 3.5 may be given not later than 11:00 A.M., New York City time, one Business Day prior to on the date of the proposed Borrowing Date)borrowing, specifying (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and (ziii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount of all Any Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amountinitially be Base Rate Loans and, for unless otherwise agreed by the avoidance Administrative Agent 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 doubt, shall not include one month prior to the face amount of any outstanding Letters of Credit)date that is 60 days after the Closing Date. Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Base Rate Loans, $1,000,000 500,000 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 Eurocurrency Eurodollar Loans, $1,000,000 or a whole multiple of $500,000 100,000 in excess thereof; provided provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Base Rate Loans in other amounts pursuant to Section 2.7(a)3.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 11:00 A.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 designated in writing by of the Borrower to on the Administrative Agent books of such office with the aggregate of the amounts made available to the Administrative Agent by such the Revolving Lenders and in like funds as received by the Administrative Agent. If no election as to the Type of a No Revolving Loan is specified, then the requested Loan Loans shall be an ABR Loan. If no Interest Period is specified with respect to any requested Eurocurrency Loan, made on the Borrower shall be deemed to have selected an Interest Period of one month’s durationClosing Date.

Appears in 2 contracts

Samples: Credit Agreement (Innophos Investment Holdings, Inc.), Credit Agreement (Innophos, 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 12:00 Noon11:00 A.M., New York City time, (a) three Business Days prior to the requested Borrowing Date Date, in the case of Eurodollar Loans, or (iib) one Business Day prior to the requested Borrowing Date, in the case of ABR Loans, prior ) (provided that any such notice of a borrowing of ABR Loans under the Revolving Facility to 12:00 Noonfinance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, one Business Day prior to on the date of the proposed Borrowing Dateborrowing), specifying (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and (ziii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Revolving Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount of all Any Revolving Loans made on the Closing Date shall not exceed $25,000,000 initially be ABR Loans and, unless otherwise agreed by the Administrative Agent 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 thirty (which amount, for 30) days after the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit)Closing Date. Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans, $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 Eurocurrency Eurodollar Loans, $1,000,000 or a whole multiple of $500,000 100,000 in excess thereof; provided that the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(a). Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 11:00 A.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 designated in writing by of the Borrower to on the Administrative Agent books of such office with the aggregate of the amounts made available to the Administrative Agent by such 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 Eurocurrency Loan, the Borrower shall be deemed to have selected an Interest Period of one month’s duration.

Appears in 2 contracts

Samples: Third Amendment (Southern Star Central Corp), Credit Agreement (Southern Star Central 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 written notice (which notice must be received by the Administrative Agent (i) in the case of Eurocurrency Loans, prior to 12:00 Noon, New York City San Francisco time, (a) three Business Days prior to the requested Borrowing Date or (ii) Date, in the case of ABR Eurodollar Loans, prior to 12:00 Noon, New York City time, or (b) one Business Day prior to the proposed requested Borrowing Date, in the case of Base Rate Loans) (provided that any such notice of a borrowing of Base Rate Loans under the Revolving Facility to finance payments required to be made pursuant to Section 3.5 may be given not later than 12:00 Noon, San Francisco time, on the date of the proposed borrowing), specifying (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and (ziii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount of all Any Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit)initially be Base Rate Loans. Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Base Rate Loans, $1,000,000 500,000 or a whole multiple of $100,000 in excess thereof (or, if the then aggregate Available Revolving Commitments are less than $1,000,000500,000, such lesser amount) and (y) in the case of Eurocurrency Eurodollar Loans, $1,000,000 or a whole multiple of $500,000 100,000 in excess thereof; provided provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Base Rate Loans in other amounts pursuant to Section 2.7(a)3.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 11:00 A.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 designated in writing by of the Borrower to on the Administrative Agent books of such office with the aggregate of the amounts made available to the Administrative Agent by such 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 Eurocurrency Loan, the Borrower shall be deemed to have selected an Interest Period of one month’s duration.

Appears in 2 contracts

Samples: Credit Agreement (Itron Inc /Wa/), Credit Agreement (Itron Inc /Wa/)

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 12:00 Noon11:00 A.M., New York City time, (a) three Business Days prior to the requested Borrowing Date Date, in the case of Eurodollar Loans, or (iib) on the requested Borrowing Date, in the case of ABR Loans, prior ) (provided that any such notice of a borrowing of ABR Loans to 12:00 Noonfinance payments required by Section 2.3(i) may be given not later than 11:00 A.M., New York City time, one Business Day prior to on the date of the proposed Borrowing Dateborrowing), specifying (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and (ziii) in the case of Eurocurrency Loans, the respective amounts amount of each such Type of Revolving Loan and and, in the case of Eurodollar Loans, the respective lengths of the initial Interest Period therefor. The aggregate principal amount of all Any Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit)initially be ABR Loans. Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans, $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 Eurocurrency Eurodollar Loans, $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided that the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(a). Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 11:00 A.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 designated in writing by of the Borrower to on the Administrative Agent books of such office with the aggregate of the amounts made available to the Administrative Agent by such Revolving the 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 2 contracts

Samples: 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 an irrevocable written notice Notice of Borrowing (which notice must be received by the Administrative Agent (i) in the case of Eurocurrency Loans, prior to 12:00 Noon10:00 A.M., New York City Pacific time, (a) three Business Days prior to the requested Borrowing Date or (ii) Date, in the case of ABR Eurodollar Loans, prior to 12:00 Noon, New York City time, or (b) one Business Day prior to the proposed requested Borrowing Date, in the case of ABR Loans (in each case, with originals to follow within 3 Business Days)) (provided that any such Notice of Borrowing of ABR Loans under the Revolving Facility to finance payments under Section 3.5(a) may be given not later than 10:00 A.M., Pacific time, on the date of the proposed borrowing), in each such case specifying (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and Date, (ziii) in the case of Eurocurrency 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. The aggregate principal amount Unless otherwise agreed by the Administrative Agent 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 all Revolving Loans made on one month prior to the date that is 30 days after the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit)Date. Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans, $1,000,000 100,000 or a whole multiple of $100,000 in excess thereof (or, if the then aggregate Available Revolving Commitments are less than $1,000,000100,000, such lesser amount) and (y) in the case of Eurocurrency Loans, $1,000,000 or a whole multiple of $500,000 in excess thereof; provided that the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(a). Upon receipt of any such notice Notice of Borrowing from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share of each such borrowing available to the Administrative Agent for the account of the Borrower at the Revolving Loan Funding Office prior to 11:00 A.M.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 the such account as is designated in writing by the Borrower to the Administrative Agent by the Borrower with the aggregate of the amounts made available to the Administrative Agent by such the Revolving Lenders and in like funds as received by the Administrative Agent. If no election as to the Type of a No Revolving Loan is specified, then will be made on the requested Loan shall be an ABR LoanClosing Date. If no Interest Period is specified with respect to any requested Eurocurrency LoanIn 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 deemed promptly confirmed in writing by delivery of a written notice to have selected an Interest Period of one month’s durationthe Administrative Agent on or before the applicable funding date (but in any case prior to funding).

Appears in 2 contracts

Samples: 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 written notice (which notice must be received by the Administrative Agent (i) in the case of Eurocurrency Loans, prior to 12:00 Noon, New York City time, (a) three Business Days prior to the requested Borrowing Date or (ii) Date, in the case of ABR Eurodollar Loans, or (b) one Business Day prior to 12:00 Noonthe requested Borrowing Date, in the case of Base Rate Loans) (provided that any such notice of a borrowing of Base Rate Loans to finance payments required to be made pursuant to Section 2.5 may be given not later than 10:00 A.M., New York City time, one Business Day prior to on the date of the proposed Borrowing Dateborrowing), specifying (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and (ziii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount of all Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit). Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Base Rate Loans, $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 Eurocurrency Eurodollar Loans, $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided provided, that (x) the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Base Rate Loans in other amounts pursuant to Section 2.7(a)2.4 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 thereof. Each Revolving Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 11:00 A.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 designated in writing by of the Borrower to on the Administrative Agent books of such office with the aggregate of the amounts made available to the Administrative Agent by such 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 Eurocurrency Loan, the Borrower shall be deemed to have selected an Interest Period of one month’s duration.

Appears in 2 contracts

Samples: Revolving Credit Agreement (CKX, Inc.), Guarantee and Collateral 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 irrevocable written notice (which notice must be received by the Administrative Agent (i) in the case of Eurocurrency Loans, prior to 12:00 Noon, New York City time, (a) three Business Days prior to the requested Borrowing Date Date, in the case of Eurodollar Loans, or (iib) one Business Day prior to the requested Borrowing Date, in the case of ABR Loans, prior to 12:00 Noon, New York City time, one Business Day prior to the proposed Borrowing Date), specifying (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and (ziii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount of all Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit). Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans, $1,000,000 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 $1,000,0002,000,000, such lesser amount) and (y) in the case of Eurocurrency Eurodollar Loans, $1,000,000 3,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(a)2.6. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving relevant Lender thereof. Each Revolving relevant Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 11:00 A.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 designated in writing by of the Borrower to on the Administrative Agent books of such office with the aggregate of the amounts made available to the Administrative Agent by such Revolving the relevant 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 2 contracts

Samples: Credit Agreement (Rent a Center Inc De), Credit Agreement (Rent a Center Inc De)

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 written notice Notice of Borrowing (which notice must be received by the Administrative Agent (i) in the case of Eurocurrency Loans, prior to 12:00 Noon10:00 A.M., New York City Eastern time, (a) three (3) Business Days prior to the requested Borrowing Date Date, in the case of Eurodollar Loans, or (iib) one (1) Business Day prior to the requested Borrowing Date, in the case of ABR LoansLoans (provided that any such Notice of Borrowing of ABR Loans under the Revolving Facility to finance payments under Section 3.1 may be given not later than 10:00 A.M., prior to 12:00 Noon, New York City Eastern time, one Business Day prior to on the date of the proposed Borrowing Dateborrowing), in each such case specifying (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and Date, (ziii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount , and (iv) instructions for remittance of all Revolving the proceeds of the applicable Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit)to be borrowed. Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) to, in the case of ABR Loans, $1,000,000 100,000 or a whole multiple of $100,000 in excess thereof (or, if the then aggregate Available Revolving Commitments are less than $1,000,000100,000, such lesser amount) and (y) in the case of Eurocurrency Loans, $1,000,000 or a whole multiple of $500,000 in excess thereof; provided that the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(a). Upon receipt of any such notice Notice of Borrowing from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the applicable Loan Funding Office prior to 11:00 A.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 the such account as is designated in writing by the Borrower to the Administrative Agent by the Borrower with the aggregate of the amounts made available to the Administrative Agent by such the Revolving Lenders Lenders, and in like funds as received by the Administrative Agent. If no election as to the Type In lieu of delivering 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 Loanwritten 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 deemed promptly confirmed in writing by delivery of a written notice to have selected an Interest Period of one month’s durationthe Administrative Agent on or before the applicable funding date (but in any case prior to funding).

Appears in 2 contracts

Samples: Credit Agreement (DoubleVerify Holdings, Inc.), Credit Agreement (DoubleVerify Holdings, 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 written 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 Eurocurrency Eurodollar Loans, prior to 12:00 Noon11:00 A.M., New York City time, three Business Days prior to the requested Borrowing Date or (ii) in the case of ABR Loans, prior to 12:00 Noon11:00 A.M., New York City time, one Business Day prior to the proposed requested Borrowing Date), specifying (xA) the aggregate principal amount and Type of Revolving Loans to be borrowed, (yB) the requested Borrowing Date and (zC) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount of all Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit). Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans, $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 Eurocurrency Loans, $1,000,000 or a whole multiple of $500,000 in excess thereof); provided that the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(a2.7(b). Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 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 designated in writing by the Borrower to the Administrative Agent with the aggregate of the amounts made available to the Administrative Agent by 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.the

Appears in 2 contracts

Samples: Credit Agreement (PGA Holdings, Inc.), 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 written notice in the form of a Borrowing Request (which notice must be received by the Administrative Agent (i) in the case of Eurocurrency Loans, prior to 12:00 Noon2:00 P.M., New York City time, (a) three Business Days prior to the requested Borrowing Date Date, in the case of Eurodollar Loans, or (iib) one Business Day prior to the requested Borrowing Date, in the case of ABR Loans, prior ) (provided that any such notice of a borrowing of ABR Loans under the Revolving Facility to 12:00 Noonfinance payments required by Section 3.5 may be given not later than 1:00 P.M., New York City time, one Business Day prior to on the date of the proposed Borrowing Dateborrowing), specifying (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and (ziii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount of all Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit). Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans, $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 Eurocurrency Eurodollar Loans, $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(a)2.7. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 11:00 A.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 designated in writing by of the Borrower to on the Administrative Agent books of such office with the aggregate of the amounts made available to the Administrative Agent by such 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 Eurocurrency Loan, the Borrower shall be deemed to have selected an Interest Period of one month’s duration.

Appears in 2 contracts

Samples: Credit Agreement (Davita Inc), Credit Agreement (Davita 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 12:00 Noon11:00 A.M., New York City Dallas, Texas time, (a) three Business Days prior to the requested Borrowing Date or (ii) Date, in the case of ABR Eurodollar Loans, prior to 12:00 Noon, New York City time, one Business Day prior to or (b) on the proposed day of the requested Borrowing Date, in the case of Base Rate Loans), specifying (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and (ziii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Revolving Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount of all Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit). Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (xi) in the case of ABR Loans, Eurodollar Loans $3,000,000 or whole multiples of $1,000,000 in excess thereof or a whole multiple (ii) in the case of Base Rate Loans $500,000 or $100,000 in excess thereof (or, if the then aggregate Available Revolving Unused Commitments are of the Lenders is less than $1,000,000500,000, such lesser amount) and (y) in the case of Eurocurrency Loans, $1,000,000 or a whole multiple of $500,000 in excess thereof; provided that the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(a). Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 11:00 A.M.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 designated in writing by of the Borrower to on the Administrative Agent books of such office with the aggregate of the amounts made available to the Administrative Agent by such Revolving the 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 2 contracts

Samples: 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 provided, that the Borrower shall give the Administrative Agent irrevocable written notice in the form of Exhibit F (which notice must be received by the Administrative Agent (i) in the case of Eurocurrency Loans, prior to 12:00 Noon, New York City time, (a) three Business Days prior to the requested Borrowing Date Date, in the case of Eurodollar Loans, or (iib) one Business Day prior to the requested Borrowing Date, in the case of ABR Loans) (provided, prior that any such notice of a borrowing of ABR Loans under the Revolving Facility to 12:00 Noonfinance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, one Business Day prior to on the date of the proposed Borrowing Dateborrowing), specifying (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and (ziii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount of all Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit). Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans, $1,000,000 500,000 or a whole multiple of $100,000 in excess thereof (or, if the then aggregate Available Revolving Commitments are less than $1,000,000500,000, such lesser amount) and (y) in the case of Eurocurrency Eurodollar Loans, $1,000,000 2,500,000 or a whole multiple of $500,000 in excess thereof; provided provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(a)2.7. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 11:00 A.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 designated in writing by of the Borrower to on the Administrative Agent books of such office with the aggregate of the amounts made available to the Administrative Agent by such 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 Eurocurrency Loan, the Borrower shall be deemed to have selected an Interest Period of one month’s duration.

Appears in 2 contracts

Samples: Intercreditor Agreement (WEB.COM Group, Inc.), Credit Agreement (WEB.COM Group, 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 deliver to the Administrative Agent an irrevocable written notice Committed Loan Notice (which notice must be received by the Administrative Agent prior to (i) in the case of Eurocurrency Loans, prior to 12:00 Noon2:00 p.m., New York City time, three on the requested Borrowing Date, in the case of RFR Loans, (ii) 2:00 p.m., New York City time, on the requested Borrowing Date, in the case of ABR Loans and (iii) 2:00 p.m. New York City time, two Business Days prior to the requested Borrowing Date or (ii) Date, in the case of Term Benchmark Loans) (provided that any such notice of a Borrowing of ABR Loans, prior Loans under the Revolving Facility to 12:00 Noonfinance payments required by Section 3.5 may be given not later than 10:00 a.m., New York City time, one Business Day prior to on the date of the proposed Borrowing DateBorrowing), specifying (xA) the applicable Borrower, (B) the amount and Type of Revolving Loans to be borrowed, (yC) the requested Borrowing Date and (zD) in the case of Eurocurrency Loansif applicable, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount of all Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit). Each borrowing by the Borrower Borrowing under the Revolving Commitments in Dollars shall be in an amount equal to (x) in the case of ABR Loans, $1,000,000 500,000 or a whole multiple of $100,000 in excess thereof (or, if the then aggregate Available Revolving Commitments are less than $1,000,000500,000, such lesser amount) and (y) in the case of Eurocurrency RFR Loans and Term Benchmark Loans, $1,000,000 5,000,000 or a whole multiple of $500,000 in excess thereof; provided provided, that the Swingline Lender may request, on behalf of the BorrowerBorrowers, borrowings Borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(a)2.7. Upon receipt of any such notice Committed Loan Notice from the applicable Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share of each borrowing Borrowing available to the Administrative Agent for the account of the applicable Borrower at the Funding Office prior to 11:00 A.M.4:00 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 Borrowing will then be made available to the applicable Borrower by the Administrative Agent crediting the account designated in writing by of the applicable Borrower to on the Administrative Agent books of such office with the aggregate of the amounts made available to the Administrative Agent by such 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 Eurocurrency Loan, the Borrower shall be deemed to have selected an Interest Period of one month’s duration.

Appears in 2 contracts

Samples: Credit Agreement (Tempur Sealy International, Inc.), 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 an irrevocable written notice Notice of Borrowing (which notice must be received by the Administrative Agent (i) in the case of Eurocurrency Loans, prior to 12:00 Noon, New York City time, 10:00 A.M. (a) three U.S. Government Securities Business Days prior to the requested Borrowing Date Date, in the case of SOFR Loans, or (iib) one (1) Business Day prior to the requested Borrowing Date, in the case of ABR LoansLoans (in each case, prior with originals to 12:00 Noon, New York City time, one follow within three (3) Business Day prior Days)) (provided that any such Notice of Borrowing of ABR Loans under the Revolving Facility to finance payments under Section 3.5(a) may be given not later than 10:00 A.M. on the date of the proposed Borrowing Dateborrowing), in each such case specifying (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and Date, (ziii) in the case of Eurocurrency 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. The aggregate principal amount If no Interest Period is specified with respect to any requested SOFR Loan, the Borrower shall be deemed to have selected an Interest Period of all one (1) month’s duration. Unless otherwise agreed by the Administrative Agent in its sole discretion, no Revolving Loans Loan may be made on as, converted into or continued as a SOFR Loan having an Interest Period in excess of one (1) month prior to the date that is thirty (30) days after the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit)Date. Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans or SOFR Loans, $1,000,000 or a whole multiple of $100,000 1,000,000 in excess thereof (or, if the then aggregate Available Revolving Commitments are Commitment is less than $1,000,000, such lesser amount) and (y) in the case of Eurocurrency Loans, $1,000,000 or a whole multiple of $500,000 in excess thereof); provided that the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(a)2.7. Upon receipt of any such notice Notice of Borrowing from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share of each such borrowing available to the Administrative Agent for the account of the Borrower at the Revolving Loan Funding Office prior to 11:00 A.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 the such account as is designated in writing by the Borrower to the Administrative Agent by the Borrower with the aggregate of the amounts made available to the Administrative Agent by such the Revolving Lenders and in like funds as received by the Administrative Agent. If no election as to the Type of a No Revolving Loan is specified, then will be made on 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 durationClosing Date.

Appears in 2 contracts

Samples: Credit Agreement (Appian Corp), Credit Agreement (Appian 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 written notice Notice of Borrowing (which notice must be received by the Administrative Agent (i) in the case of Eurocurrency Loans, prior to 12:00 Noon, New York City time, 10:00 A.M. (a) three (3) Business Days prior to the requested Borrowing Date Date, in the case of Eurodollar Loans, or (iib) one (1) Business Day prior to the requested Borrowing Date, in the case of ABR Loans, prior ) (provided that any such Notice of Borrowing of ABR Loans under the Revolving Facility to 12:00 Noon, New York City time, one Business Day prior to finance payments under Section 3.5(a) may be given not later than 10:00 A.M. on the date of the proposed Borrowing Dateborrowing), in each such case specifying (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and Date, (ziii) in the case of Eurocurrency 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. The aggregate principal amount Unless otherwise agreed by the Administrative Agent 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 all Revolving Loans made on one month prior to the date that is 30 days after the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit)Date. Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans, $1,000,000 100,000 or a whole multiple of $100,000 in excess thereof (or, if the then aggregate Available Revolving Commitments Commitment are less than $1,000,000100,000, such lesser amount) and (y) in the case of Eurocurrency Loans, $1,000,000 or a whole multiple of $500,000 in excess thereof); provided that the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(a)2.7. Upon receipt of any such notice Notice of Borrowing from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share of each such borrowing available to the Administrative Agent for the account of the Borrower at the Revolving Loan Funding Office prior to 11:00 A.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 the such account as is designated in writing by the Borrower to the Administrative Agent by the Borrower with the aggregate of the amounts made available to the Administrative Agent by such the Revolving Lenders and in like funds as received by the Administrative Agent. If no election as to Agent or, if so specified in the Type Flow 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 LoanFunds Agreement, the Borrower Administrative Agent shall be deemed to have selected an Interest Period wire transfer all or a portion of one month’s durationsuch aggregate amounts in accordance with the wire instructions specified therein.

Appears in 2 contracts

Samples: Credit Agreement (Kaltura Inc), Credit Agreement (Kaltura 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 written notice a Borrowing Notice (which notice shall be irrevocable and must be received by the Administrative Agent (i) in the case of Eurocurrency Loans, prior to 12:00 Noon11:00 a.m., New York City time, (i) three (3) Business Days prior to the requested Borrowing Date Date, in the case of Eurodollar Loans, or (ii) one (1) Business Day prior to the requested Borrowing Date, in the case of ABR Loans, prior to 12:00 Noon, New York City time, one Business Day prior to the proposed Borrowing Date), specifying (xA) the amount and Type of Revolving Loans to be borrowed, (yB) the requested Borrowing Date and (zC) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period Periods therefor. The aggregate principal amount of all Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit). Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans, $1,000,000 200,000 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 $1,000,000200,000, such lesser amount) and or (y) in the case of Eurocurrency Eurodollar Loans, $1,000,000 500,000 or a whole multiple of $500,000 100,000 in excess thereof; provided that thereof (or, if the Swingline Lender may request, on behalf of the Borrower, borrowings under the then aggregate Available Revolving Commitments that for all Revolving Lenders are ABR Loans less than $500,000, such lesser amount), other than, in other amounts pursuant to the case of clauses (x) and (y), a borrowing in the amount of an Unreimbursed 39 Sunshine (Northeast) – Credit Agreement Amount as contemplated by Section 2.7(a3.1(c). Upon receipt of any such notice Borrowing Notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each applicable Revolving Lender 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 11:00 A.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 designated in writing by of the Borrower to on the Administrative Agent books of such office with the aggregate of the amounts made available to the Administrative Agent by such 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 Eurocurrency Loan, the Borrower shall be deemed to have selected an Interest Period of one month’s duration.

Appears in 2 contracts

Samples: 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 written notice (which notice must be received by the Administrative Agent (i) in the case of Eurocurrency Loans, prior to 12:00 Noon, New York City time, (a) three Business Days prior to the requested Borrowing Date Date, in the case of Eurodollar Loans, or (iib) one Business Day prior to the requested Borrowing Date, in the case of ABR Loans, prior to 12:00 Noon, New York City time, one Business Day prior to the proposed Borrowing Date), specifying (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and (ziii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount of all Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit). Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans, $1,000,000 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 $1,000,0002,000,000, such lesser amount) and (y) in the case of Eurocurrency Eurodollar Loans, $1,000,000 3,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(a). Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of 2.6 and the Borrower at may request borrowings under the Funding Office prior Revolving Commitments that are ABR Loans in other amounts pursuant to 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 designated in writing by the Borrower to the Administrative Agent with the aggregate of the amounts made available to the Administrative Agent by 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 durationSection 3.5.

Appears in 2 contracts

Samples: Guarantee and Collateral Agreement (Rent a Center Inc De), Credit Agreement (Rent a Center Inc De)

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 written notice a Borrowing Notice (which notice shall be irrevocable and must be received by the Administrative Agent (i) in the case of Eurocurrency Loans, prior to 12:00 Noon11:00 a.m., New York City time, (i) three (3) Business Days prior to the requested Borrowing Date Date, in the case of Eurodollar Loans, or (ii) one (1) Business Day prior to the requested Borrowing Date, in the case of ABR Loans, prior to 12:00 Noon, New York City time, one Business Day prior to the proposed Borrowing Date), specifying (xA) the amount and Type of Revolving Loans to be borrowed, (yB) the requested Borrowing Date and (zC) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period Periods therefor. The aggregate principal amount of all Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit). Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans, $1,000,000 200,000 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 $1,000,000200,000, such lesser amount) and or (y) in the case of Eurocurrency Eurodollar Loans, $1,000,000 500,000 or a whole multiple of $500,000 100,000 in excess thereof; provided that thereof (or, if the Swingline Lender may request, on behalf of the Borrower, borrowings under the then aggregate Available Revolving Commitments that for all Revolving Lenders are ABR Loans less than $500,000, such lesser amount), other than, in other amounts pursuant to the case of clauses (x) and (y), a borrowing in the amount of an Unreimbursed Amount as contemplated by Section 2.7(a3.1(c). Upon receipt of any such notice Borrowing Notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each applicable Revolving Lender 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 11:00 A.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 designated in writing by of the Borrower to on the Administrative Agent books of such office with the aggregate of the amounts made available to the Administrative Agent by such 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 Eurocurrency Loan, the Borrower shall be deemed to have selected an Interest Period of one month’s duration.

Appears in 2 contracts

Samples: Credit Agreement (REV Renewables, Inc.), Credit Agreement (REV Renewables, Inc.)

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 Day; Loan Availability Period, provided that the Borrower shall give the Administrative Agent an irrevocable written notice Borrowing Request (which notice must be received by the Administrative Agent (i) in the case of Eurocurrency Loans, prior to 12:00 Noon, New York City time, time three Business Days prior to the requested Borrowing Date or (ii) in the case of ABR Loans, prior to 12:00 Noon, New York City time, one Business Day prior to the proposed Borrowing Date), specifying (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date Date, and (ziii) in the case of Eurocurrency Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount Each borrowing of all Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit). Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans, $1,000,000 at least US$4,000,000 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 Eurocurrency Loans, $US$1,000,000 or a whole multiple of $500,000 in excess thereof; provided that the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(a). Upon receipt of any such notice Borrowing Request from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender 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 11:00 A.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 designated in writing by the Borrower to the Administrative Agent with the aggregate of the amounts made available to the Administrative Agent by such Revolving Lenders and in like funds as received by the Administrative Agent. If no election as to the Type Not more than 5 Interest Periods in respect of a Revolving Loan is specified, then the requested Loan Loans shall be an ABR Loan. If no Interest Period is specified with respect to outstanding at any requested Eurocurrency Loan, the Borrower shall be deemed to have selected an Interest Period of one month’s durationtime.

Appears in 2 contracts

Samples: Credit Agreement (Atlas Corp.), Credit Agreement (Seaspan CORP)

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 written notice Notice of Borrowing (which notice must be received by the Administrative Agent (i) in the case of Eurocurrency Loans, Lender prior to 12:00 Noon11:00 A.M., New York City Pacific time, (a) three Business Days prior to the requested Borrowing Date or (ii) Date, in the case of ABR Eurodollar Loans, prior to 12:00 Noon, New York City time, or (b) one Business Day prior to the proposed requested Borrowing Date, in the case of ABR Loans (in each case, with originals to follow within three Business Days)) (provided that any such Notice of Borrowing of ABR Loans under the Revolving Facility to finance payments under Section 3.5(a) may be given not later than 11:00 A.M., Pacific time, on the date of the proposed borrowing), in each such case specifying (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and Date, (ziii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount , and (iv) instructions for remittance of all Revolving the proceeds of the applicable Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit)to be borrowed. Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans, $1,000,000 or a whole multiple of $100,000 in excess thereof (or, if the then aggregate Available Revolving Commitments are Commitment is less than $1,000,000, such lesser amount) and (y) in the case of Eurocurrency Loans, $1,000,000 or a whole multiple of $500,000 in excess thereof; provided that the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(a). Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 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 Lender crediting the such account as is designated in writing to Lender by the Borrower to the Administrative Agent with the aggregate of the amounts made available to the Administrative Agent by 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 durationBorrower.

Appears in 2 contracts

Samples: Credit Agreement (Rightside Group, Ltd.), Credit Agreement (Rightside Group, Ltd.)

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Procedure for Revolving Loan Borrowing. The Borrower may borrow under the Revolving Commitments of either Class during the Revolving Commitment Period on any Business Day; provided that the Borrower shall give the Administrative Agent irrevocable written notice substantially in the form of Exhibit K-2 (which notice must be received by the Administrative Agent (i) in the case of Eurocurrency Loans, prior to 12:00 Noon, New York City time, three Business Days prior to the requested Borrowing Date or (ii) in the case of ABR Loans, prior to 12:00 Noon, New York City time, one Business Day prior to the proposed requested Borrowing Date), specifying (xv) whether such borrowing is to be made under the Dollar Revolving Commitments or the Multicurrency Revolving Commitments; (w) the amount amount, Currency (in the case of Multicurrency Revolving Loans) and Type of Revolving Loans to be borrowed, (yx) the requested Borrowing Date Date, (y) in the case of Revolving Loans denominated in Dollars, whether such Revolving Loan is to be an ABR Loan or a Eurocurrency Loan and (z) in the case of Eurocurrency Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount of all Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit). Each borrowing by the Borrower under the Revolving Commitments of either Class shall be in an amount equal to (x) in the case of ABR Loans, $1,000,000 500,000 or a whole multiple of $100,000 50,000 in excess thereof (or, if the then aggregate Available Revolving Commitments of the respective Class are less than $1,000,000500,000, such lesser amount) and (y) in the case of Eurocurrency Loans, $1,000,000 or a whole multiple of $500,000 250,000 in excess thereof; provided that the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments of either Class that are ABR Loans in other amounts pursuant to Section 2.7(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 such 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 11:00 9:00 A.M., New York City timeLocal 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 designated in writing by of the Borrower to on the Administrative Agent books of such office with the aggregate of the amounts made available to the Administrative Agent by such Revolving Lenders and in like funds as received by the Administrative Agent. If no election as to the Class of Revolving Loans is requested, and the Loans requested are denominated in Dollars, such election shall be deemed to be made under the Dollar Revolving Commitments. In the case of Multicurrency Revolving Loans, if no election as to the Currency of such Loan is specified, then the requested Loan shall be denominated in Dollars. If no election as to the Type of a Revolving Loan is specified, then the requested Loan shall be an ABR Loan, unless an Agreed Foreign Currency has been specified, in which case the requested Loan shall be a Eurocurrency Loan denominated in such Agreed Foreign Currency. If no Interest Period is specified with respect to any requested Eurocurrency Loan, (i) if the Currency specified for such Loan is denominated in Dollars (or if no Currency has been so specified), the requested Loan shall be made instead as an ABR Loan, and (ii) if the Currency specified for such Loan is an Agreed Foreign Currency, the Borrower shall be deemed to have selected an Interest Period of one month’s duration.

Appears in 2 contracts

Samples: Credit Agreement (Wesco Aircraft Holdings, Inc), Credit Agreement (Wesco Aircraft Holdings, 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 (i) in the case of Eurocurrency Loans, prior to 12:00 Noon, New York City timeLocal Time, (a) three Business Days prior to the requested Borrowing Date Date, in the case of Eurocurrency Loans, or (iib) 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., prior to 12:00 NoonLocal Time, New York City time, one Business Day prior to on the date of the proposed Borrowing Dateborrowing), specifying (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and (ziii) in the case of Eurocurrency Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount of all Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit). Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans, $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 Eurocurrency Loans, $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided provided, that the Swingline Lender may request, on behalf of the Parent Borrower, borrowings under the US$ Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(a2.7(b). Upon receipt of any such notice from the Borrowernotice, the Administrative Agent shall promptly notify each relevant Revolving Lender thereof. Each relevant Revolving Lender 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 11:00 A.M.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 designated in writing by of such Borrower on the Borrower to the Administrative Agent books of such office with the aggregate of the amounts made available to the Administrative Agent by such 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 Eurocurrency Loan, the Borrower shall be deemed to have selected an Interest Period of one month’s duration.

Appears in 2 contracts

Samples: Credit Agreement (Roper Industries Inc /De/), Credit Agreement (Roper Industries Inc /De/)

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 written notice (which notice must be received by the Administrative Agent (ia) in the case of Eurocurrency Loans, prior to 12:00 Noon, New York City time, three U.S. Government Securities Business Days prior to the requested Borrowing Date or (ii) Date, in the case of ABR Term Benchmark Loans, (b) prior to 12:00 Noon, New York City time, one on the requested Borrowing Date, in the case of ABR Loans or (c) if available pursuant to Section 2.18, prior to 11:00 a.m., New York City time, three U.S. Government Securities Business Day Days prior to the proposed requested Borrowing Date, in the case of RFR Loans), specifying (xi) the amount and the Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and (ziii) in the case of Eurocurrency Term Benchmark Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount Each such Borrowing of all Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit). Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans or RFR Loans, $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 Eurocurrency Term Benchmark Loans, $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof, respectively; provided further that the Swingline Lender may request, on behalf not greater than $0 (exclusive of any usage of the Borrower, borrowings under Revolving Facility for working capital) of the Revolving Commitments that are ABR Loans in other amounts pursuant Facility shall be available on the Closing Date to Section 2.7(afund 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 under the Revolving Lender Facility thereof. Each In the case of a Borrowing under the Revolving Facility, each Revolving Lender 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 11:00 A.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 designated in writing by of such Borrower on the Borrower to the Administrative Agent books of such office with the aggregate of the amounts made available to the Administrative Agent by such 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 Eurocurrency Loan, the Borrower shall be deemed to have selected an Interest Period of one month’s duration.

Appears in 2 contracts

Samples: Credit Agreement (Garden SpinCo Corp), Credit Agreement (Neogen Corp)

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 that the such Borrower shall give the Administrative Agent irrevocable written notice (which notice must be received by the Administrative Agent (ia) in the case of Eurocurrency Loans, prior to 12:00 Noon11:00 A.M., New York City time, three Business Days prior to the requested Borrowing Date Date, in the case of Eurocurrency Loans or (iib) prior to 11:00 A.M., New York City time, on the requested Borrowing Date, in the case of ABR Loans, prior to 12:00 Noon, New York City time, one Business Day prior to the proposed Borrowing Date), specifying (xi) the amount and Type of Dollar Revolving Loans to be borrowed, (yii) the requested Borrowing Date Date, and (ziii) in the case of Eurocurrency Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount of all Any Dollar Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit)initially be ABR Loans. Each borrowing by the Borrower of Dollar Revolving Loans under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans, $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 Eurocurrency Loans, $1,000,000 3,000,000 or a whole multiple of $500,000 1,000,000 in excess thereofthereof (or, if the then aggregate Available Commitments are less than $1,000,000, such lesser amount); provided provided, that the Swingline Lender may request, on behalf of the BorrowerCompany, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(a)2.5. Upon receipt of any such notice from the relevant Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving 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 relevant Borrower at the Funding Office prior to 11:00 A.M.12:00 Noon, New York City time, time on the Borrowing Date requested by the such Borrower in funds immediately available to the Administrative Agent. Such Subject to Section 2.31, such borrowing will then be made available to the relevant Borrower by the Administrative Agent crediting the account designated in writing by of such Borrower on the Borrower to the Administrative Agent books of such office with the aggregate of the amounts made available in Dollars to the Administrative Agent by such Revolving the Lenders and in like funds as received by the Administrative Agent. If no election as Agent or by wire transfer of such amounts to an account designated in writing by such Borrower to the Type of a Revolving Loan is specified, then Administrative Agent in connection with 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 durationrelevant borrowing.

Appears in 2 contracts

Samples: Credit Agreement (Kennametal Inc), Credit Agreement (Kennametal 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 written notice (notice, which notice must be received by the Administrative Agent (i) in the case of Eurocurrency Loans, prior to 12:00 Noon(a) 1:00 p.m., New York City time, three Business Days prior to the requested Borrowing Date or (ii) Date, in the case of ABR Eurocurrency Loans, prior to 12:00 Noonor (b) 11:00 a.m., New York City time, one Business Day prior to on the proposed requested Borrowing Date), specifying in the case of Base Rate Loans and which shall specify (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and (ziii) in the case of Eurocurrency Loans, the respective amounts of each such Type of Loan and Loan, the respective lengths of the initial Interest Period therefor. The aggregate principal amount of all Revolving Loans made on therefor and the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit)currency thereof. Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Base Rate Loans, $1,000,000 500,000 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 Eurocurrency Loans, $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided that the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(a). Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 11:00 A.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 an account of the account designated in writing Borrower maintained by the Borrower to the Administrative Agent with the aggregate of the amounts made available to the Administrative Agent by such Revolving Lenders and Agent, in like amounts and 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 2 contracts

Samples: Credit Agreement (Advanced Drainage Systems, Inc.), Credit Agreement (Advanced Drainage Systems, 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 relevant 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 12:00 Noon, New York City time, (a) three Business Days prior to the requested Borrowing Date Date, in the case of Eurodollar Loans, or (iib) one Business Day prior to the requested Borrowing Date, in the case of ABR Loans, prior to 12:00 Noon, New York City time, one Business Day prior to the proposed Borrowing Date), specifying (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and (ziii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount of all Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit). Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans, $1,000,000 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 Eurocurrency Eurodollar Loans, $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided provided, that the Swingline Lender may request, on behalf of the relevant Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(a)2.7. Upon receipt of any such notice from the either Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the relevant Borrower at the Funding Office prior to 11:00 A.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 designated in writing by of such Borrower on the Borrower to the Administrative Agent books of such office with the aggregate of the amounts made available to the Administrative Agent by such 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 Eurocurrency Loan, the Borrower shall be deemed to have selected an Interest Period of one month’s duration.

Appears in 2 contracts

Samples: Credit Agreement (Interstate Bakeries Corp/De/), Credit Agreement (Interstate Bakeries Corp/De/)

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 written notice Notice of Borrowing (which notice must be received by the Administrative Agent (i) in the case of Eurocurrency Loans, prior to 12:00 NoonP.M., New York City Central time, (a) three Business Days prior to the requested Borrowing Date Date, in the case of Eurodollar Loans denominated in Dollars, (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 Eurodollar Loans denominated in Alternative Currencies, or (iic) on the date of the requested borrowing, in the case of ABR Loans, prior to 12:00 Noon, New York City time, one Business Day prior to the proposed Borrowing Date), in each such case specifying (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and Date, (ziii) in the case of Eurocurrency 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. The aggregate Each borrowing of, conversion to or continuation of a Eurodollar Loan shall be in a principal amount of all $5,000,000 or a whole multiple of $1,000,000 in excess thereof (or, if the then aggregate Available Revolving Loans made on the Closing Date shall not exceed Commitments are less than $25,000,000 (which 1,000,000, such lesser amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit). Each Except as provided in Sections 3.5(b) and 2.7(b) each borrowing by the Borrower under the Revolving Commitments of or conversion to ABR Loans shall be in an a principal amount equal to (x) in the case of ABR Loans, $1,000,000 500,000 or a whole multiple of $100,000 in excess thereof (or, if the then aggregate Available Revolving Commitments are less than $1,000,000500,000, such lesser amount) and (y) in the case of Eurocurrency Loans, $1,000,000 or a whole multiple of $500,000 in excess thereof; provided that the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(a). Upon receipt of any such notice Notice of Borrowing from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share of each such borrowing available to the Administrative Agent for the account of the Borrower at the Revolving Loan Funding Office prior to 11:00 A.M.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 the such account as is designated in writing by the Borrower to the Administrative Agent by the Borrower with the aggregate of the amounts made available to the Administrative Agent by such 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 Eurocurrency Loan, the Borrower shall be deemed to have selected an Interest Period of one month’s duration.

Appears in 2 contracts

Samples: 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 an irrevocable written notice Notice of Borrowing (which notice must be received by the Administrative Agent (i) in the case of Eurocurrency Loans, prior to 12:00 Noon, New York City time, 10:00 A.M. (a) three (3) Business Days prior to the requested Borrowing Date Date, in the case of Eurodollar Loans, or (iib) one (1) Business Day prior to the requested Borrowing Date, in the case of ABR LoansLoans (in each case, prior with originals to 12:00 Noon, New York City time, one follow within three (3) Business Day prior Days)) (provided that any such Notice of Borrowing of ABR Loans under the Revolving Facility to finance payments under Section 3.5(a) may be given not later than 10:00 A.M. on the date of the proposed Borrowing Dateborrowing), in each such case specifying (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and Date, (ziii) in the case of Eurocurrency 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. The aggregate principal amount Unless otherwise agreed by the Administrative Agent 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 all Revolving Loans made on one month prior to the date that is 30 days after the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit)Date. Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans, $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 Eurocurrency Loans, $1,000,000 or a whole multiple of $500,000 in excess thereof); provided that the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(a)2.7. Upon receipt of any such notice Notice of Borrowing from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share of each such borrowing available to the Administrative Agent for the account of the Borrower at the Revolving Loan Funding Office prior to 11:00 A.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 the such account as is designated in writing by the Borrower to the Administrative Agent by the Borrower with the aggregate of the amounts made available to the Administrative Agent by such the Revolving Lenders and in like funds as received by the Administrative Agent. If no election as to Agent or, if so specified in the Type Flow 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 LoanFunds Agreement, the Borrower Administrative Agent shall be deemed wire transfer or otherwise credit all or a portion of such aggregate amounts to have selected an Interest Period 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 one month’s durationFunds Agreement.

Appears in 2 contracts

Samples: Credit Agreement (CrowdStrike Holdings, Inc.), Credit Agreement (CrowdStrike 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 12:00 Noon, New York City time, (a) three Business Days prior to the requested Borrowing Date or (ii) Date, in the case of ABR Eurodollar Loans, prior to 12:00 Noon, New York City time, or (b) one Business Day prior to the proposed requested Borrowing Date, in the case of Base Rate Loans), specifying (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and (ziii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount of all Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit). Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Base Rate Loans, $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 Eurocurrency Eurodollar Loans, $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Base Rate Loans in other amounts pursuant to Section 2.7(a)3.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 11:00 A.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 designated in writing by of the Borrower to on the Administrative Agent books of such office with the aggregate of the amounts made available to the Administrative Agent by such 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 Eurocurrency Loan, the Borrower shall be deemed to have selected an Interest Period of one month’s duration.

Appears in 2 contracts

Samples: Credit Agreement (Donnelley R H Inc), Credit Agreement (Donnelley R H 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 written notice a Borrowing Notice (which notice shall be irrevocable and must be received by the Administrative Agent (i) in the case of Eurocurrency Loans, prior to 12:00 Noon11:00 A.M., New York City time, (i) three Business Days prior to the requested Borrowing Date Date, in the case of Eurodollar Loans, or (ii) one Business Day prior to the requested Borrowing Date, in the case of ABR Loans, prior to 12:00 Noon, New York City time, one Business Day prior to the proposed Borrowing Date), specifying (xA) the amount and Type of Revolving Loans to be borrowed, (yB) the requested Borrowing Date and (zC) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period Periods therefor. The aggregate principal amount of all Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit). Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans, $1,000,000 200,000 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 $1,000,000200,000, such lesser amount) and or (y) in the case of Eurocurrency Eurodollar Loans, $1,000,000 500,000 or a whole multiple of $500,000 100,000 in excess thereof; provided that thereof (or, if the Swingline Lender may request, on behalf of the Borrower, borrowings under the then aggregate Available Revolving Commitments that for all Revolving Lenders are ABR Loans less than $500,000, such lesser amount), other than, in other amounts pursuant to the case of clauses (x) and (y), a borrowing in the amount of an 38 Xxxxx Wind – Credit Agreement Unreimbursed Amount as contemplated by Section 2.7(a3.1(c). Upon receipt of any such notice Borrowing Notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share 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 11:00 A.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 designated in writing by of the Borrower to on the Administrative Agent books of such office with the aggregate of the amounts made available to the Administrative Agent by such 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 Eurocurrency Loan, the Borrower shall be deemed to have selected an Interest Period of one month’s duration.

Appears in 2 contracts

Samples: Credit Agreement (REV Renewables, Inc.), Credit Agreement (REV Renewables, 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 (ia) in the case of Eurocurrency Loans, prior to 12:00 Noon11:00 A.M., New York City timeLocal Time, three Business Days prior to the requested Borrowing Date Date, in the case of Eurocurrency Loans, or (iib) prior to 2:00 P.M., Local Time, on the requested Borrowing Date, in the case of ABR Loans, prior to 12:00 Noon, New York City time, one Business Day prior to the proposed Borrowing Date), ) specifying (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and (ziii) in the case of Eurocurrency Loans, the respective amounts of each such Type of Loan and Loan, the respective lengths of the initial Interest Period therefor. The aggregate principal amount therefor and the details of all Revolving Loans made on the Closing Date shall not exceed $25,000,000 (account to which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit)funds are to be paid. Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans, $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 Eurocurrency Loans, $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided that the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(a). Upon receipt of any such notice from the Borrowernotice, the Administrative Agent shall promptly notify each relevant Revolving Lender thereof. Each relevant Revolving Lender 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 11:00 A.M.(a) in the case of Eurocurrency Loans, New York City time1:00 P.M., Local 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 designated in writing by of such Borrower on the Borrower to the Administrative Agent books of such office with the aggregate of the amounts made available to the Administrative Agent by such 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 Eurocurrency Loan, the Borrower shall be deemed to have selected an Interest Period of one month’s durationLenders.

Appears in 2 contracts

Samples: 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 written notice (which notice must be received by the Administrative Agent (ia) in the case of Eurocurrency Loans, prior to 12:00 Noon, New York City time, three Business Days prior to the requested Borrowing Date or (ii) Date, in the case of ABR Eurodollar Loans, or (b) prior to 12:00 Noon10:00 A.M., New York City time, one Business Day prior to on the proposed requested Borrowing Date, in the case of Alternate Base Rate Loans), specifying (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and (ziii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period Periods therefor. The aggregate principal amount of all Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit). Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Alternate Base Rate Loans, $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 Eurocurrency Eurodollar Loans, $1,000,000 10,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided that the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(a). Upon receipt of any such notice from the BorrowerCompany, the Administrative Agent shall promptly notify each Revolving Lender Bank thereof. Each Revolving Lender 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 11:00 A.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 designated in writing by of the Borrower to Company on the Administrative Agent books of such office with the aggregate of the amounts made available to the Administrative Agent by such the Revolving Lenders Banks 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 2 contracts

Samples: Credit Agreement (Hca Inc/Tn), Credit Agreement (Hca the Healthcare Co)

Procedure for Revolving Loan Borrowing. The Borrower may borrow under the Revolving Commitments Commitment during the Revolving Commitment Period on any Business Day; , provided that the Borrower shall give the Administrative Agent irrevocable written notice substantially in the form of Exhibit J-1 (which notice must be received by the Administrative Agent (i) in the case of Eurocurrency Loans, prior to 12:00 Noon11:00 A.M., New York City time, (a) three Business Days prior to the requested Borrowing Date Date, in the case of Eurodollar Loans, or (iib) one Business Day prior to the requested Borrowing Date, in the case of ABR Loans, prior ) (provided that any such notice of a Borrowing of ABR Loans under the Revolving Facility to 12:00 Noonfinance payments required by Section 2.4 and Section 5.1(e) may be given not later than 10:00 A.M., New York City time, one Business Day prior to on the proposed Borrowing Date), specifying (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and (ziii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount of all Any Revolving Loans made on the Closing Restatement Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit)initially be ABR Loans. Each borrowing by the Borrower Borrowing under the Revolving Commitments Commitment shall be in an amount equal to (x) in the case of ABR Loans, $1,000,000 500,000 or a whole multiple of $100,000 in excess thereof (or, if the then aggregate Available Total Unutilized Revolving Commitments at such time are less than $1,000,000500,000, such lesser amount) and (y) in the case of Eurocurrency Eurodollar Loans, $1,000,000 500,000 or a whole multiple of $500,000 100,000 in excess thereof; provided provided, that (i) the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(a1.4 and (ii) the Borrower may request ABR Loans in an amount required to finance payments required by Section 2.4 and Section 5.1(e). Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share of each borrowing Borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 11:00 A.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 Borrowing available to the Borrower on such Borrowing Date by depositing such proceeds in the Administrative Agent crediting the account designated in writing by Specified Account of the Borrower to the Administrative Agent with the aggregate of the amounts made on such Borrowing Date in immediately available to the Administrative Agent by 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 durationfunds.

Appears in 2 contracts

Samples: Credit Agreement, Direction and Waiver (InfraREIT, Inc.), Lease Agreement (InfraREIT, 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 notice, substantially in the form of Exhibit H-2 (which notice must be received by the Administrative Agent (i) in the case of Eurocurrency Loans, prior to (a) 12:00 Noon, New York City time, three (3) Business Days prior to the requested Borrowing Date Date, in the case of Eurodollar Loans, or (iib) 11:00 A.M., New York City time, on or prior to the same day as the requested Borrowing Date, in the case of ABR Loans, prior to 12:00 Noon, New York City time, one Business Day prior to the proposed Borrowing Date), specifying (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and (ziii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount of all Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit). Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans, $1,000,000 500,000 or a whole multiple of $100,000 in excess thereof over such amount (or, if the then aggregate Available Revolving Commitments of all Lenders are less than $1,000,000500,000, such lesser amount) and (y) in the case of Eurocurrency Eurodollar Loans, $1,000,000 or a whole multiple of $500,000 100,000 in excess thereof; provided provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(a)2.7. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 11:00 A.M.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 designated in writing by of the Borrower to on the Administrative Agent books of such office with the aggregate of the amounts made available to the Administrative Agent by such 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 Eurocurrency Loan, the Borrower shall be deemed to have selected an Interest Period of one month’s duration.

Appears in 2 contracts

Samples: Credit Agreement (National Mentor Holdings, Inc.), Credit Agreement (National Mentor 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 12:00 Noon11:00 A.M., New York City time, (a) three Business Days prior to the requested Borrowing Date Date, in the case of LIBOR Rate Loans, or (iib) on the requested Borrowing Date, in the case of ABR Loans, prior ) (provided further that any such notice of a borrowing of ABR Loans to 12:00 Noonfinance payments required by Section 2.3(j) may be given not later than 11:00 A.M., New York City time, one Business Day prior to on the date of the proposed Borrowing Dateborrowing), specifying (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and (ziii) in the case of Eurocurrency 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. The aggregate principal amount of all Any Revolving Loans made on the Closing Date shall may be ABR Loans or LIBOR Rate Loans (subject, in the case of LIBOR Rate Loans, to the receipt of a customary funding indemnity letter not exceed $25,000,000 less than three (which amount, for 3) Business Days prior to the avoidance of doubt, shall not include the face amount of any outstanding Letters of CreditClosing Date). Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans, $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 Eurocurrency Loans, $1,000,000 or a whole multiple of $500,000 in excess thereof); provided that the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(a)2.19. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share Revolving Percentage of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 11:00 A.M.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 designated in writing by of the Borrower to on the Administrative Agent books of such office with the aggregate of the amounts made available to the Administrative Agent by such Revolving the 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 2 contracts

Samples: Credit Agreement (Westar Energy Inc /Ks), Second Extension 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 (which notice must be received by the Administrative Agent (i) in the case of Eurocurrency Loans, prior to 12:00 Noon11:00 A.M., New York City time, (a) three Business Days prior to the requested Borrowing Date or (ii) Date, in the case of ABR LIBOR Rate Loans, prior or (b) on the requested Borrowing Date, in the case of Base Rate Loans) (provided further that any such notice of a borrowing of Base Rate Loans to 12:00 Noonfinance payments required by Section 2.3(j) may be given not later than 11:00 A.M., New York City time, one Business Day prior to on the date of the proposed Borrowing Dateborrowing), specifying (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and (ziii) in the case of Eurocurrency 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. The aggregate principal amount of all Any Revolving Loans made on the Closing Date shall may be Base Rate Loans or LIBOR Rate Loans (subject, in the case of LIBOR Rate Loans, to the receipt of a customary funding indemnity letter not exceed $25,000,000 less than three (which amount, for 3) Business Days prior to the avoidance of doubt, shall not include the face amount of any outstanding Letters of CreditClosing Date). Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans, $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 Eurocurrency Loans, $1,000,000 or a whole multiple of $500,000 in excess thereof); provided that the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Base Rate Loans in other amounts pursuant to Section 2.7(a)2.19. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share Revolving Percentage of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 11:00 A.M.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 designated in writing by of the Borrower to on the Administrative Agent books of such office with the aggregate of the amounts made available to the Administrative Agent by such Revolving the 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 2 contracts

Samples: 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 (which notice must be received by the Administrative Agent (i) in the case of Eurocurrency Revolving Loans made on the Closing Date, prior to 10:00 A.M., New York City time, on the day of the anticipated Closing Date or (ii) in the case of Revolving Loans made after the Closing Date, (x) in the case of Eurodollar Loans, prior to 12:00 Noon1:00 P.M., New York City time, three Business Days prior to the requested Borrowing Date or (iiy) in the case of ABR Loans, prior to 12:00 Noon1:00 P.M., New York City time, one Business Day prior to the proposed requested Borrowing Date), specifying (xA) the amount and Type of Revolving Loans to be borrowed, (yB) the requested Borrowing Date Date, (C) whether such Revolving Loan is to be an ABR Loan or a Eurodollar Loan and (zD) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount of all Any Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit)initially be ABR Loans. Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans, $1,000,000 500,000 or a whole multiple of $100,000 50,000 in excess thereof (or, if the then aggregate Available Revolving Commitments are less than $1,000,000500,000, such lesser amount) and (y) in the case of Eurocurrency Eurodollar Loans, $1,000,000 or a whole multiple of $500,000 250,000 in excess thereof; provided that the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(a). Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 11:00 A.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 designated in writing by of the Borrower to on the Administrative Agent books of such office with the aggregate of the amounts made available to the Administrative Agent by such 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 Eurocurrency Eurodollar Loan, the Borrower requested Loan shall be deemed to have selected made instead as an Interest Period of one month’s durationABR Loan.

Appears in 2 contracts

Samples: Credit Agreement (Yankee Holding Corp.), Credit Agreement (Yankee Finance, 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 12:00 Noonno later than 11:00 A.M., New York City time, three Business Days prior to on the requested Borrowing Date or (ii) in the case of ABR Loans, prior to 12:00 Noon, New York City time, one Business Day prior to the proposed Borrowing Date), specifying (xi) the amount and Type of Revolving Loans to be borrowed, borrowed and (yii) the requested Borrowing Date and (z) in the case of Eurocurrency Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount of all Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for shall be a Business Day during the avoidance of doubt, shall not include the face amount of any outstanding Letters of CreditCommitment Period). Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans, $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 Eurocurrency Loans); provided, $1,000,000 or a whole multiple of $500,000 in excess thereof; provided that the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(a)2.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 11:00 A.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 designated in writing by of the Borrower to on the Administrative Agent books of such office with the aggregate of the amounts made available to the Administrative Agent by such Revolving the Lenders and in like funds as received by the Administrative Agent. If no election Agent or by otherwise transferring such amounts 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 durationdirect.

Appears in 2 contracts

Samples: Third Amendment (M/I Homes, Inc.), Fourth Amendment (M/I Homes, Inc.)

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 written 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 is hereinafter referred to as a "BORROWING NOTICE") (ia) in the case of Eurocurrency Loans, prior to 12:00 Noon2:00 p.m., New York City Boston time, three two (2) Business Days prior to the requested Borrowing Date, in the case of LIBOR Loans or (b) prior to Noon, Boston time, on the Borrowing Date, in the case of Prime Rate Loans, and, in each case, specifying (i) the requested Borrowing Date or and (ii) in the case of ABR Loans, prior to 12:00 Noon, New York City time, one Business Day prior to the proposed Borrowing Date), specifying (x) the amount and Type of Revolving Loans to be borrowed, (y) the requested Borrowing Date and (z) in the case of Eurocurrency LIBOR Loans, the respective amounts of each such Type of Revolving Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount of all Any Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit)initially be Prime Rate Loans. Each borrowing by the Borrower under the Revolving Commitments Commitment shall be in an amount equal to (x) in the case of ABR Prime Rate Loans, $1,000,000 100,000 or a whole multiple of $100,000 50,000 in excess thereof (or, if the difference between the aggregate amount of all outstanding Revolving Loans and the Revolving Commitment then aggregate Available Revolving Commitments are in effect is less than $1,000,000100,000, such lesser amount) and (y) in the case of Eurocurrency LIBOR Loans, $1,000,000 500,000 or a whole multiple of $500,000 100,000 in excess thereof; provided that the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(a). Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 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 Borrowers by the Administrative Agent Lender crediting the account designated in writing of the Borrowers on the books of such office (or, if so requested by the Borrower Borrowers, by wire transferring immediately available funds to such bank account as the Administrative Agent with the aggregate of the amounts made available to the Administrative Agent by 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 Borrowers 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 durationdesignate).

Appears in 2 contracts

Samples: 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 irrevocable written notice (which notice must be received by the Administrative Agent (i) in the case of Eurocurrency Loans, prior to 12:00 Noon11:00 A.M., New York City time, (a) three Business Days prior to the requested Borrowing Date Date, in the case of Eurodollar Loans, or (iib) one Business Day prior to the requested Borrowing Date, in the case of ABR Loans (other than Swingline Loans, prior ) (provided that any such notice of a borrowing of ABR Loans under the Revolving Facility to 12:00 Noonfinance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, one Business Day prior to on the date of the proposed Borrowing Dateborrowing), specifying (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and (ziii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount of all Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit). Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans, $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 Eurocurrency Eurodollar Loans, $1,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(a)2.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 11:00 A.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 designated in writing by of the Borrower to on the Administrative Agent books of such office with the aggregate of the amounts made available to the Administrative Agent by such Revolving the 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 2 contracts

Samples: 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 written notice (which notice must be received by the Administrative Agent (i) in the case of Eurocurrency Loans, prior to 12:00 Noon11:00 A.M., New York City time, (a) three Business Days prior to the requested Borrowing Date Date, in the case of Eurodollar Loans, or (iib) one Business Day prior to the requested Borrowing Date, in the case of ABR Loans, prior to 12:00 Noon, New York City time, one Business Day prior to the proposed Borrowing Date), specifying (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and (ziii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount of all Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit). Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans, $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 Eurocurrency Eurodollar Loans, $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided that the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(a). Upon receipt of any such notice from the a Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the applicable Borrower at the Funding Office prior to 11:00 A.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 designated in writing by of such Borrower on the Borrower to the Administrative Agent books of such office with the aggregate of the amounts made available to the Administrative Agent by such 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 Eurocurrency Loan, the Borrower shall be deemed to have selected an Interest Period of one month’s duration.

Appears in 2 contracts

Samples: Credit Agreement (Essent Group Ltd.), Credit Agreement (Essent Group Ltd.)

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 such 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 12:00 Noon, New York City time, (a) three Business Days prior to the requested Borrowing Date or (ii) Date, in the case of ABR Eurodollar Loans, or (b) one Business Day prior to 12:00 Noonthe requested Borrowing Date, in the case of Base Rate Loans) (provided that any such notice of a borrowing of Base Rate Loans to finance payments required to be made pursuant to Section 3.5 may be given not later than 10:00 A.M., New York City time, one Business Day prior to on the date of the proposed Borrowing Dateborrowing), specifying (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and (ziii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount of all Any Revolving Loans made on the Closing Effective Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit)initially be Base Rate Loans. Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Base Rate Loans, $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 Eurocurrency Eurodollar Loans, $1,000,000 2,500,000 or a whole multiple of $500,000 100,000 in excess thereof; provided provided, that the Swingline Lender may request, on behalf of the relevant Borrower, borrowings under the Revolving Commitments that are ABR Base Rate Loans in other amounts pursuant to Section 2.7(a)Sections 3.4 and 3.11. Upon receipt of any such notice from the either Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the relevant Borrower at the Funding Office prior to 11:00 A.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 relevant Borrower by the Administrative Agent crediting the account designated in writing by of such Borrower on the Borrower to the Administrative Agent books of such office with the aggregate of the amounts made available to the Administrative Agent by such the Revolving Lenders and in like funds as received by the Administrative Agent. If no election as The aggregate amount of Revolving Loans and/or Swingline Loans outstanding on the Effective Date shall not exceed an amount equal to $15,000,000 after giving effect to the Type use of a Revolving Loan is specified, then proceeds of the requested Loan shall be an ABR Loan. If no Interest Period is specified with respect to any requested Eurocurrency Loan, First Lien Tranche C Term Loans on the Borrower shall be deemed to have selected an Interest Period of one month’s durationEffective Date.

Appears in 1 contract

Samples: Credit Agreement (Tube City IMS 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 written notice (which notice must be received by the Administrative Agent (i) in the case of Eurocurrency Loans, prior to 12:00 Noon2:00 p.m., New York City time, (a) three (3) Business Days prior to the requested Borrowing Date Date, in the case of Eurodollar Loans, or (iib) one (1) Business Day prior to the requested Borrowing Date, in the case of ABR Loans, prior to 12:00 Noon, New York City time, one Business Day prior to the proposed Borrowing Date), specifying (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and (ziii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount of all Any Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit)initially be ABR Loans. Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans, $1,000,000 or a whole multiple of $100,000 in excess thereof (or, if the then then-aggregate Available Revolving Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurocurrency Eurodollar Loans, $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(a)2.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 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 designated in writing by the Borrower to the Administrative Agent with the aggregate of the amounts made available to the Administrative Agent by 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.Lender

Appears in 1 contract

Samples: Credit Agreement (Standard Pacific Corp /De/)

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 written notice Notice of Borrowing (which notice must be received by the Administrative Agent (i) in the case of Eurocurrency Loans, prior to 12:00 Noon10:00 A.M., New York City Pacific time, (a) three Business Days prior to the requested Borrowing Date or (ii) Date, in the case of ABR Eurodollar Loans, prior to 12:00 Noon, New York City time, or (b) one Business Day prior to the proposed requested Borrowing Date, in the case of ABR Loans (in each case, with originals to follow within three Business Days)) (provided that any such Notice of Borrowing of ABR Loans under the Revolving Facility to finance payments under Section 3.5(a) may be given not later than 10:00 A.M., Pacific time, on the date of the proposed borrowing), in each such case, specifying (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and Date, (ziii) in the case of Eurocurrency 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. The aggregate Unless otherwise agreed by the Administrative Agent 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 30 days after the Closing Date. Each borrowing of, conversion to or continuation of a Eurodollar Loan shall be in a principal amount of all Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit). Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans, $1,000,000 500,000 or a whole multiple of $100,000 in excess thereof (or, if the then aggregate Available Revolving Commitments are less than $1,000,000100,000, 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 Eurocurrency Loans, $1,000,000 500,000 or a whole multiple of $500,000 100,000 in excess thereof; provided that thereof (or, if the Swingline Lender may request, on behalf of the Borrower, borrowings under the then aggregate Available Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(aless than $100,000, such lesser amount). Upon receipt of any such notice Notice of Borrowing from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share of each such borrowing available to the Administrative Agent for the account of the Borrower at the Revolving Loan Funding Office prior to 11:00 A.M.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 the such account as is designated in writing by the Borrower to the Administrative Agent by the Borrower with the aggregate of the amounts made available to the Administrative Agent by such the Revolving Lenders and in like funds as received by the Administrative Agent. If no election as to the Type of a No Revolving Loan is specified, then which constitutes a Eurodollar Loan will be made on 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 durationClosing Date.

Appears in 1 contract

Samples: Credit Agreement (Fusion-Io, 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 written notice (which notice must be received by the Administrative Agent (i) in the case of Eurocurrency Loans, prior to (a) 12:00 Noon, New York City time, three Business Days prior to the requested Borrowing Date or (ii) Date, in the case of ABR Eurodollar Loans, prior to 12:00 Noonor (b) 10:30 A.M., New York City time, one Business Day prior to on the proposed Borrowing Date, in the case of Base Rate Loans), specifying (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and (ziii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount of all Any Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit)initially be Base Rate Loans. Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Base Rate Loans, $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 Eurocurrency Eurodollar Loans, $1,000,000 2,500,000 or a whole multiple of $500,000 250,000 in excess thereof; provided provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Base Rate Loans in other amounts pursuant to Section 2.7(a)3.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 11:00 A.M.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 designated in writing by of the Borrower to on the Administrative Agent books of such office with the aggregate of the amounts made available to the Administrative Agent by such 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 Eurocurrency Loan, the Borrower shall be deemed to have selected an Interest Period of one month’s duration.

Appears in 1 contract

Samples: Credit Agreement (Jondex 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 written notice in the form of a Borrowing Request (which notice must be received by the Administrative Agent (i) in the case of Eurocurrency Loans, prior to 12:00 Noon11:00 A.M., New York City time, (a) three (3) Business Days prior to the requested Borrowing Date or (ii) Date, in the case of ABR Term Benchmark Loans, prior to 12:00 Noon, New York City time, one (b) five (5) Business Day Days prior to the proposed requested Borrowing Date, in the case of RFR Loans or (c) on the requested Borrowing Date, in the case of Daily SOFR Loans or ABR Loans), specifying (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and (ziii) in the case of Eurocurrency Term Benchmark Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount of all Revolving Loans made on , and certifying that the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit)conditions set forth in Section 5.2 are satisfied. Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans, RFR Loans and/or Daily SOFR Loans, $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 Eurocurrency Term Benchmark Loans, $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided that the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(a). Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent in funds immediately available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 11:00 A.M.12:00 Noon, New York City time, time on the Borrowing Date requested by the Borrower (or in funds immediately available to the Administrative Agentcase of Daily SOFR Loans or ABR Loans for which the applicable borrowing notice was given on the requested Borrowing Date, 2:00 P.M., New York City time on such Borrowing Date). Such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account designated in writing by of the Borrower to on the Administrative Agent books of such office with the aggregate of the amounts made available to the Administrative Agent by such the Revolving Lenders and in like funds as received by the Administrative Agent. If no election Subject to Sections 2.14 and 2.16, each borrowing of Revolving Loans shall be comprised entirely of ABR Loans, Term Benchmark Loans, Daily SOFR Loans or RFR Loans as the Borrower may request in accordance herewith. Each Revolving Lender may at its option make any Term Benchmark Loan by causing any domestic or foreign branch or Affiliate of such Revolving Lender to make such Revolving Loan; provided, that any exercise of such option shall not affect the Type obligation of a the Borrower to repay such Revolving Loan is specifiedin accordance with the terms of this Agreement. Borrowings of Revolving Loans of more than one Type may be outstanding at the same time, then subject to Section 2.10. For purposes of the requested Loan foregoing, Term Benchmark Tranches having different Interest Periods, regardless of whether they commence on the same date, 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 durationconsidered separate borrowings.

Appears in 1 contract

Samples: Credit Agreement (Vici Properties 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 12:00 Noon, New York City time, (a) three Business Days prior to the requested Borrowing Date Date, in the case of Eurodollar Loans, or (iib) one Business Day prior to the requested Borrowing Date, in the case of ABR Loans, prior to 12:00 Noon, New York City time, one Business Day prior to the proposed Borrowing Date), specifying (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and (ziii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount of all Any Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit)initially be ABR Loans. Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans, $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 Eurocurrency Eurodollar Loans, $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(a)2.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 11:00 A.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 designated in writing by of the Borrower to on the Administrative Agent books of such office with the aggregate of the amounts made available to the Administrative Agent by such 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 Eurocurrency Loan, the Borrower shall be deemed to have selected an Interest Period of one month’s duration.

Appears in 1 contract

Samples: Credit Agreement (Church & Dwight Co 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 written notice in the form of Exhibit F (which notice must be received by the Administrative Agent (i) in the case of Eurocurrency Loans, prior to 12:00 Noon, New York City time, (a) three Business Days prior to the requested Borrowing Date Date, in the case of Eurodollar Loans (or, in the case of a borrowing on the Revolving Amendment Date, two Business Days prior to the anticipated Revolving Amendment Date), or (iib) one Business Day prior to the requested Borrowing Date, in the case of ABR Loans) (provided, prior that any such notice of a borrowing of ABR Loans under the Revolving Facility to 12:00 Noonfinance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, one Business Day prior to on the date of the proposed Borrowing Dateborrowing), specifying (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and (ziii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount of all Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit). Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans, $1,000,000 500,000 or a whole multiple of $100,000 in excess thereof (or, if the then aggregate Available Revolving Commitments are less than $1,000,000500,000, such lesser amount) and (y) in the case of Eurocurrency Eurodollar Loans, $1,000,000 2,500,000 or a whole multiple of $500,000 in excess thereof; provided provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(a)2.7. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 11:00 A.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 designated in writing by of the Borrower to on the Administrative Agent books of such office with the aggregate of the amounts made available to the Administrative Agent by such the Revolving Lenders and in like funds as received by the Administrative Agent. If no election as to On the Type of a Revolving Loan is specifiedAmendment Date, then the requested Loan shall be an ABR Loan. If no Interest Period is specified with respect to any requested Eurocurrency Loan, the Borrower all Existing Revolving Loans shall be deemed to have selected an repaid and such portion thereof that were ABR Loans shall be reborrowed as ABR Loans by the Borrower and such portion thereof that were Eurodollar Loans shall be reborrowed as Eurodollar Loans by the Borrower (it being understood that for each tranche of Existing Revolving Loans that were Eurodollar Loans, (x) the initial Interest Period for the relevant reborrowed Eurodollar Loans shall equal the remaining length of one monththe Interest Period for such tranche and (y) the Eurodollar Rate for the relevant reborrowed Eurodollar Loans during such initial Interest Period shall be the Eurodollar Rate for such tranche immediately prior to the Revolving Amendment Date) and any Revolving Lenders that are not Existing Revolving Lenders shall advance funds to the Administrative Agent no later than 12:00 Noon, New York City time on the Revolving Amendment Date as shall be required to repay the Revolving Loans of Existing Revolving Lenders such that each Revolving Lender’s durationshare of outstanding Revolving Loans on the Revolving Amendment Date is equal to its Revolving Percentage (after giving effect to the Revolving Amendment Date).

Appears in 1 contract

Samples: First Lien Credit Agreement (WEB.COM Group, Inc.)

Procedure for Revolving Loan Borrowing. (a) The Borrower or any Foreign Subsidiary Borrower may borrow Dollar Revolving Loans 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 (“Notice of Borrowing of Revolving Loan”) in the form as attached as Exhibit 2.2(a) or such other similar form reasonably requested by the Administrative Agent, duly completed, (which notice must be received by the Administrative Agent (i) in the case of Eurocurrency Loans, prior to 12:00 Noon11:00 A.M., New York City time, (a) three Business Days prior to the requested Borrowing Date or (ii) Date, in the case of ABR SOFR Loans, or (b) one Business Day prior to 12:00 Noonthe requested Borrowing Date, in the case of Base Rate Loans; provided that any Notice of Borrowing of Revolving Loan of Base Rate Loans to finance payments 38 required by Section 3.5 may be given not later than 10:00 A.M., New York City time, one Business Day prior to on the date of the proposed Borrowing Dateborrowing), specifying (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and Date, (ziii) in the case of Eurocurrency SOFR Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount , and (iv) the actual borrower of all such Dollar Revolving Loans made on Loans, whether the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit)Borrower or a specified Foreign Subsidiary Borrower. Each borrowing by the Borrower of Dollar Revolving Loans under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Base Rate Loans, $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 Eurocurrency SOFR Loans, $1,000,000 2,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided provided, further, that the Swingline Lender may request, on behalf of the Borrower, borrowings of Dollar Revolving Loans in any amount under the Revolving Commitments that are ABR Base Rate Loans in other amounts pursuant to Section 2.7(a)2.7. Upon receipt of any such notice Notice of Borrowing of Revolving Loan from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share of each borrowing of Dollar Revolving Loans available to the Administrative Agent in Dollars for the account of the Borrower or the Foreign Subsidiary Borrower specified in clause (iv) above, as applicable, at the Funding Office prior to 11:00 A.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 of Dollar Revolving Loans will then be made available to the Borrower or the Foreign Subsidiary Borrower specified in clause (iv) above, as applicable, by the Administrative Agent crediting the account of the Borrower or such Foreign Subsidiary Borrower on the books of such office or by wire transfer of such amounts to an account, reasonably acceptable to the Administrative Agent, designated in writing by the Borrower or applicable Foreign Subsidiary Borrower to the Administrative Agent Agent, with the aggregate of the amounts made available to the Administrative Agent by such 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 Eurocurrency Loan, the Borrower shall be deemed to have selected an Interest Period of one month’s duration.

Appears in 1 contract

Samples: Credit Agreement (Kadant Inc)

Procedure for Revolving Loan Borrowing. The TheExcept as provided in the second paragraph of this Section 2.5 with regards to the Suspension Period, 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 written notice Notice of Borrowing (which notice must be received by the Administrative Agent (i) in the case of Eurocurrency Loans, prior to 12:00 Noon10:00 A.M., New York City Pacific time, (a) three Business Days prior to the requested Borrowing Date Date, in the case of Eurodollar Loans, or (iib) one Business Day prior to the requested Borrowing Date, in the case of ABR Loans) (provided that any such Notice of Borrowing of ABR Loans under the Revolving Facility to finance payments under Section 3.5(a) may be given not later than 10:00 A.M., prior to 12:00 Noon, New York City Pacific time, one Business Day prior to on the date of the proposed Borrowing Dateborrowing), in each such case specifying (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and Date, (ziii) in the case of Eurocurrency 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. The aggregate Each borrowing of, conversion to or continuation of a 48 US-DOCS\109358599.12 Eurodollar Loan shall be in a principal amount of all $5,000,000 or a whole multiple of $1,000,000 in excess thereof (or, if the then aggregate Available Revolving Loans made on the Closing Date shall not exceed Commitments are less than $25,000,000 (which 1,000,000, such lesser amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit). Each Except as provided in Sections 3.5(b) and 2.7(b), each borrowing by the Borrower under the Revolving Commitments of or conversion to ABR Loans shall be in an a principal amount equal to (x) in the case of ABR Loans, $1,000,000 500,000 or a whole multiple of $100,000 in excess thereof (or, if the then aggregate Available Revolving Commitments are less than $1,000,000500,000, such lesser amount) and (y) in the case of Eurocurrency Loans, $1,000,000 or a whole multiple of $500,000 in excess thereof; provided that the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(a). Upon receipt of any such notice Notice of Borrowing from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share of each such borrowing available to the Administrative Agent for the account of the Borrower at the Revolving Loan Funding Office prior to 11:00 A.M.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 the such account as is designated in writing by the Borrower to the Administrative Agent by the Borrower with the aggregate of the amounts made available to the Administrative Agent by such the Revolving Lenders and in like funds as received by the Administrative Agent. If no election During the Suspension Period, the Borrower shall not be entitled to, and shall not seek to borrow, a Revolving Loan, provided that the Borrower may re-borrow all or any portion of any Revolving Loans or Swingline Loan repaid during the Suspension Period as long as after giving effect to such re-borrowing, the Type sum of (i) the aggregate principal amount of all Revolving Loans outstanding (excluding any portion of a Revolving Loan is specifiedattributable to a Revolving Loan Conversion), then (ii) the requested Loan shall be an ABR Loan. If no Interest Period is specified with respect to any requested Eurocurrency Loanaggregate principal amount of all Swingline Loans outstanding, and (iii) the Borrower shall be deemed to aggregate amount of all L/C Disbursements that have selected an Interest Period of one month’s durationnot yet been reimbursed or converted into Revolving Loans, does not exceed $55,000,000.

Appears in 1 contract

Samples: Credit Agreement (Extreme Networks 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 written notice notice, substantially in the form of Exhibit H (which notice must be received by the Administrative Agent prior to (i) in the case of Eurocurrency Loans, prior to 12:00 NoonP.M., New York City time, three Business Days prior to the requested Borrowing Date Date, in the case of Eurocurrency Loans, or (ii) 12:00 P.M., New York City time, on the requested Borrowing Date, in the case of ABR Loans, prior ) (provided that any such notice of a borrowing of ABR Loans under the Revolving Facility to 12:00 Noonfinance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, one Business Day prior to on the date of the proposed Borrowing Dateborrowing), specifying (xA) the applicable Borrower, (B) the amount and Type of Revolving Loans to be borrowed, (yC) the requested Borrowing Date and (zD) in the case of Eurocurrency Loans, the respective amounts of each such Type of Loan (and the respective lengths of the initial Interest Period therefor. The aggregate principal amount of all Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit). Each borrowing by the Borrower under the Revolving Commitments in Dollars shall be in an amount equal to (x) in the case of ABR Loans, $1,000,000 500,000 or a whole multiple of $100,000 in excess thereof (or, if the then aggregate Available Revolving Commitments are less than $1,000,000500,000, such lesser amount) and (y) in the case of Eurocurrency Loans, $1,000,000 5,000,000 or a whole multiple of $500,000 in excess thereof; provided provided, that the Swingline Lender may request, on behalf of the BorrowerBorrowers, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(a)2.7. Upon receipt of any such notice from the applicable Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the applicable Borrower at the Funding Office prior to 11:00 A.M.1:00 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 designated in writing by of the applicable Borrower to on the Administrative Agent books of such office with the aggregate of the amounts made available to the Administrative Agent by such 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 Eurocurrency Loan, the Borrower shall be deemed to have selected an Interest Period of one month’s duration.

Appears in 1 contract

Samples: 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 by submitting a Borrowing Request (which notice Borrowing Request must be received by the Administrative Agent (i) in the case of Eurocurrency Loans, prior to (a) 12:00 Noon, New York City time, time three U.S. Government Securities Business Days prior to the requested Borrowing Date (or, in the case of the Closing Date, one U.S. Government Securities Business Days prior thereto), in the case of Term Benchmark Loans or (iib) 10:00 a.m., New York City time, the date of the requested Borrowing Date, in the case of ABR Loans, prior ) (provided that any such Borrowing Request of Revolving Loans that are ABR Loans to 12:00 Noonfinance payments required by Section 3.5 must be given not later than 10:00 A.M., New York City time, one Business Day prior to on the date of the proposed Borrowing Dateborrowing), specifying (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and (ziii) in the case of Eurocurrency Term Benchmark Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount of all Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit). Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR LoansLoans and, $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 Eurocurrency Term Benchmark Loans, $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided that the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(a). Upon receipt of any such notice Borrowing Request from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 11:00 A.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 designated in writing by of the Borrower to on the Administrative Agent books of such office with the aggregate of the amounts made available to the Administrative Agent by such 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 Eurocurrency Loan, the Borrower shall be deemed to have selected an Interest Period of one month’s duration.

Appears in 1 contract

Samples: 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 written notice Notice of Borrowing (which notice must be received by the Administrative Agent (i) in the case of Eurocurrency Loans, prior to 12:00 Noon10:00 A.M., New York City Pacific time, (a) three Business Days prior to the requested Borrowing Date or (ii) Date, in the case of ABR Eurodollar Loans, prior to 12:00 Noon, New York City time, or (b) one Business Day prior to the proposed requested Borrowing Date, in the case of ABR Loans (in each case, with originals to follow within 30 days)) (provided that any such Notice of Borrowing of ABR Loans under the Revolving Facility to finance payments under Section 3.5(a) may be given not later than 10:00 A.M., Pacific time, on the date of the proposed borrowing), in each such case specifying (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and Date, (ziii) in the case of Eurocurrency 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. The aggregate principal amount Unless otherwise agreed by the Administrative Agent 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 all Revolving Loans made on one month prior to the date that is 30 days after the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit)Date. Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans, $1,000,000 or a whole multiple of $100,000 500,000 in excess thereof (or, if the then aggregate Available Revolving Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurocurrency Loans, $1,000,000 or a whole multiple of $500,000 in excess thereof; provided that the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(a). Upon receipt of any such notice Notice of Borrowing from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share of each such borrowing available to the Administrative Agent for the account of the Borrower at the Revolving Loan Funding Office prior to 11:00 A.M.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 the such account as is designated in writing by the Borrower to the Administrative Agent by the Borrower with the aggregate of the amounts made available to the Administrative Agent by such the Revolving Lenders and in like funds as received by the Administrative Agent. If no election as to the Type of a No Revolving Loan is specified, then will be made on 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 durationClosing Date.

Appears in 1 contract

Samples: Credit Agreement (Perficient 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 (i) in the case of Eurocurrency Loans, prior to 12:00 Noon11:00 A.M., New York City timeLocal Time, (a) three Business Days prior to the requested Borrowing Date Date, in the case of Eurocurrency Loans, or (iib) 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., prior to 12:00 NoonLocal Time, New York City time, one Business Day prior to on the date of the proposed Borrowing Dateborrowing), specifying (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and Date, (ziii) in the case of Eurocurrency Loans, the respective amounts of each such Type of Loan and Loan, the respective lengths of the initial Interest Period therefor. The aggregate principal amount therefor and the details of all 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 not exceed $25,000,000 (which amount, for be under the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit)US$ Revolving Facility. Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans, $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 Eurocurrency Loans, $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided provided, that the Swingline Lender may request, on behalf of the Parent Borrower, borrowings under the US$ Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(a2.6(b). Upon receipt of any such notice from the Borrowernotice, the Administrative Agent shall promptly notify each relevant Revolving Lender thereof. Each relevant Revolving Lender 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 11:00 A.M.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 designated in writing by of such Borrower on the Borrower to the Administrative Agent books of such office with the aggregate of the amounts made available to the Administrative Agent by such the Revolving Lenders and in like funds as received by the Administrative Agent. If no election as to the Type Agent or an account 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 in the relevant jurisdiction and designated by the Borrower in the applicable Borrowing Request, in the case of Loans denominated in an Interest Period of one month’s durationAlternative Currency.

Appears in 1 contract

Samples: Credit Agreement (Roper Industries 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 12:00 Noon2:00 p.m., New York City time, (a) three (3) Business Days prior to the requested Borrowing Date Date, in the case of Eurodollar Loans, or (iib) one (1) Business Day prior to the requested Borrowing Date, in the case of ABR Loans, prior to 12:00 Noon, New York City time, one Business Day prior to the proposed Borrowing Date), specifying (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and (ziii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount of all Any Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit)initially be ABR Loans. Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans, $1,000,000 or a whole multiple of $100,000 in excess thereof (or, if the then then-aggregate Available Revolving Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurocurrency Eurodollar Loans, $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided provided, that the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(a)2.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share Revolving Percentage of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 11:00 A.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 designated in writing by the Borrower to the Administrative Agent with the aggregate of the amounts made available to the Administrative Agent by such Revolving the 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 1 contract

Samples: Credit Agreement (Standard Pacific 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 will 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 12:00 NoonNoon (local time at the Funding Office), New York City time, (a) three Business Days prior to the requested Borrowing Date Date, in the case of Eurodollar Loans, or (iib) one Business Day prior to the requested Borrowing Date, in the case of ABR Loans, prior to 12:00 Noon, New York City time, one Business Day prior to the proposed Borrowing Date), specifying (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and (ziii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount of all Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit). Each borrowing by the Borrower of Eurodollar Loans under the Revolving Commitments shall will be in an amount equal to (x) in the case of ABR Loans, $1,000,000 500,000 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 Eurocurrency Loans, $1,000,000 or a whole multiple of $500,000 in excess thereof; provided that the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(a). Upon receipt of any such notice from the Borrower, the Administrative Agent shall will promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 11:00 A.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 designated in writing by the Borrower to the Administrative Agent with the aggregate of the amounts made available to the Administrative Agent by 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.Administrative

Appears in 1 contract

Samples: Credit Agreement (General Bearing 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 written notice (which notice must be received by the Administrative Agent (i) in the case of Eurocurrency Loans, prior to 12:00 Noon2:00 P.M., New York City time, (a) three Business Days prior to the requested Borrowing Date or (ii) Date, in the case of ABR Eurodollar Loans, prior to 12:00 Noon, New York City time, one Business Day prior to or (b) on the proposed requested Borrowing Date, in the case of Fed Funds Loans), specifying (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and (ziii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount of all Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit). Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR LoansFed Funds Loan, $1,000,000 1.0 million or a whole multiple of $100,000 in excess thereof (or, if the then aggregate Available Revolving Commitments are less than $1,000,0001.0 million, such lesser amount) and (y) in the case of Eurocurrency Eurodollar Loans, $1,000,000 5.0 million or a whole multiple of $500,000 1.0 million in excess thereof; provided that the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(a). Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 11:00 A.M.(a) 12:00 Noon, New York City time, in the case of Eurodollar Loans, or (b) 2:00 P.M., New York City time, in the case of Fed Funds Loans, 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 designated in writing by of the Borrower to on the Administrative Agent books of such office with the aggregate of the amounts made available to the Administrative Agent by such Revolving the 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 1 contract

Samples: Credit Agreement (Interactive Brokers 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 written notice Notice of Borrowing (which notice must be received by the Administrative Agent (i) in the case of Eurocurrency Loans, prior to 12:00 Noon11:00 A.M., New York City Pacific time, (a) three Business Days prior to the requested Borrowing Date or (ii) Date, in the case of ABR Eurodollar Loans, prior to 12:00 Noon, New York City time, or (b) one Business Day prior to the proposed requested Borrowing Date, in the case of ABR Loans (in each case, with originals to follow within 3 Business Days)) (provided that any such Notice of Borrowing of ABR Loans under the Revolving Facility to finance payments under Section 3.5(a) may be given not later than 11:00 A.M., Pacific time, on the date of the proposed borrowing), in each such case specifying (xi) the amount and Type of Revolving Loans to be borrowed, (yii) the requested Borrowing Date and Date, (ziii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount , and (iv) instructions for remittance of all Revolving the proceeds of the applicable Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit)to be borrowed. Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans, $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 Eurocurrency Loans, $1,000,000 or a whole multiple of $500,000 in excess thereof; provided that the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7(a)2.4. Upon receipt of any such notice Notice of Borrowing from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share of each such borrowing available to the Administrative Agent for the account of the Borrower at the Revolving Loan Funding Office prior to 11:00 A.M.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 the such account as is designated in writing by the Borrower to the Administrative Agent by the Borrower with the aggregate of the amounts made available to the Administrative Agent by such the Revolving Lenders and in like funds as received by the Administrative Agent. If no election as Agent or, if so specified in such written notice from Borrower, the Administrative Agent shall wire transfer a portion of such aggregate amounts to the Type of a Revolving Loan is specifiedExisting Agent (for application against amounts then outstanding under the Existing Credit Facility), then in accordance with the requested Loan shall be an ABR Loan. If no Interest Period is wire instructions specified with respect to any requested Eurocurrency Loan, the Borrower shall be deemed to have selected an Interest Period of one month’s durationfor such purpose by Borrower.

Appears in 1 contract

Samples: Credit Agreement (Demand Media 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 its irrevocable written (other than requests for Revolving Loans to be borrowed on the Closing Date which may be revocable) notice, which may be given by (A) telephone or (B) a Committed Loan Notice; provided that any telephone notice must be confirmed immediately by delivery to the Administrative Agent of a Committed Loan Notice (which notice must be received by the Administrative Agent (i) in for any Revolving Loans requested to be made after the case of Eurocurrency LoansClosing Date, prior to 12:00 Noon, New York City time, (i) three (3) Business Days prior to the requested Borrowing Date Date, in the case of Eurodollar Loans, or (ii) one (1) Business Day prior to the requested Borrowing Date, in the case of ABR Base Rate Loans, prior ) (provided that any such notice of a borrowing of Base Rate Loans to finance payments required to be made pursuant to Section 3.5 may be given not later than 12:00 Noon, New York City time, one Business Day prior to on the date of the proposed Borrowing Dateborrowing), specifying (x) the amount and Type of Revolving Loans to be borrowed, (y) the requested Borrowing Date and (z) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. The aggregate principal amount of all Revolving Loans made on the Closing Date shall not exceed $25,000,000 (which amount, for the avoidance of doubt, shall not include the face amount of any outstanding Letters of Credit). Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Base Rate Loans, $1,000,000 500,000 or a whole multiple of $100,000 in excess thereof (or, if the then aggregate Available Revolving Commitments are less than $1,000,000500,000, such lesser amount) and (y) in the case of Eurocurrency Eurodollar Loans, $1,000,000 or a whole multiple of $500,000 100,000 in excess thereof; provided provided, that (x) the Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Commitments that are ABR Base Rate Loans in other amounts pursuant to Section 2.7(a)3.4 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 thereof. Each Revolving Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 11:00 A.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 the Administrative Agent crediting the wire transfer of immediately available funds to a bank account designated in writing by the Borrower to the Administrative Agent with the aggregate of the amounts made available to the Administrative Agent by 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 1 contract

Samples: Credit Agreement (Microsemi Corp)

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