Common use of Procedure for Revolving Loan Borrowing Clause in Contracts

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower or the relevant Subsidiary Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to (a) 12:00 Noon, New York City time, three Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Loans, or (b) 12:00 Noon, New York City Time, on the date of the proposed borrowing, 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 12:00 Noon, New York City time, on the date of the proposed borrowing), specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurocurrency Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto and the respective lengths of the initial Interest Period therefor. If no election as to the Type of a Revolving Loan is specified in any such notice, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each borrowing 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 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, $5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7. Upon receipt of any such notice from the Borrower or any Subsidiary 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 or the relevant Subsidiary Borrower at the Funding Office prior to 2:00 P.M., New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower or the relevant Subsidiary Borrower by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent in writing with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.

Appears in 11 contracts

Samples: Credit Agreement (Avis Budget Group, Inc.), Credit Agreement (Avis Budget Group, Inc.), Credit Agreement (Avis Budget Group, Inc.)

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Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, ; provided that the Borrower or the relevant Subsidiary Borrower shall give the Administrative Agent irrevocable notice in the form of a Borrowing Request (which notice must be received by the Administrative Agent prior to (a) 12:00 Noon2:00 P.M., New York City time, (a)(i) three Business Days prior to the requested Borrowing Date, in the case of Eurocurrency LoansEurodollar Loans denominated in Dollars or (ii) four Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans denominated in Alternative Currencies (other than Dollars), or (b) 12:00 Noon, New York City Time, on one Business Day prior to the date of the proposed borrowingrequested Borrowing Date, in the case of ABR Loans) (provided that any such notice of a borrowing of ABR Loans under the Alternative Currency Revolving Facility to finance payments required by Section 3.5 may be given not later than 12:00 Noon1:00 P.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date Date, (iii) the Revolving Facility pursuant to which such Loan is to be made, (iv) the currency of the Revolving Loans to be borrowed, (v) if the Revolving Loans to be borrowed are denominated in Dollars, the Type of Revolving Loans to be borrowed and (iiivi) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto Loan and the respective lengths of the initial Interest Period therefor. If no election as to the Type of a Revolving Loan is specified in any such notice, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each borrowing under the Dollar Revolving Commitments and each borrowing under the Alternative Currency Revolving Commitments denominated in Dollars shall be in an amount equal to (x) in the case of ABR Loans, $1,000,000 or a whole multiple 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, $5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, provided that the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings denominated in Dollars under the Alternative Currency Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7. Each borrowing under the Alternative Currency Revolving Commitments (other than a borrowing denominated in Dollars) shall be in an amount equal to the Alternative Currency Equivalent of $5,000,000 or a whole multiple of $1,000,000 in excess thereof. Upon receipt of any such notice from the Borrower or any Subsidiary 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 or the relevant Subsidiary Borrower at the Funding Office for the applicable currency prior to 2:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower or the relevant Subsidiary Borrower by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent in writing with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.

Appears in 7 contracts

Samples: Credit Agreement (Davita Inc), Credit Agreement (Davita Inc), Credit Agreement (Davita Inc)

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower or the relevant Subsidiary Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to (a) 12:00 Noon, New York City time, three Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Loans, or (b) 12:00 Noon, New York City Time, on the date of the proposed borrowing, 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 12:00 Noon, New York City time, on the date of the proposed borrowing), specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurocurrency Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto and the respective lengths of the initial Interest Period therefor. If no election as to the Type of a Revolving Loan is specified in any such notice, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each borrowing 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 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, $5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the a Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7. Upon receipt of any such notice from the Borrower or any Subsidiary 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 or the relevant Subsidiary Borrower at the Funding Office prior to 2:00 P.M., New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower or the relevant Subsidiary Borrower by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent in writing with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent. Each Revolving Lender at its option may make any Revolving Loan that is requested in an Optional Currency by causing the applicable foreign branch of such Revolving Lender or the applicable Affiliate of such Revolving Lender to make such Revolving Loan; provided that any exercise of such option shall not affect the obligation of the Borrower or Subsidiary Borrower to repay such Revolving Loan in accordance with the terms of this Agreement.

Appears in 7 contracts

Samples: Credit Agreement (Avis Budget Group, Inc.), Credit Agreement (Avis Budget Group, Inc.), Credit Agreement (Avis Budget Group, Inc.)

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary Borrower may borrow under the Revolving Commitments during the Revolving Commitment Availability Period on any Business Day, ; provided that the Borrower or the relevant Subsidiary Borrower shall give the Administrative Agent its irrevocable notice (which notice, in the case of any Revolving Loans to be borrowed on the Acquisition Effective Date must be received in writing by the Administrative Agent prior to 12:00 Noon, New York City time, one Business Day prior to the Acquisition Effective Date), which may be given by (a) telephone or (b) a Committed Loan Notice; provided, that such notice may be contingent on the occurrence of a refinancing or the consummation of a sale, transfer, lease or other disposition of assets and may be revoked if the refinancing or sale, transfer, lease or other disposition of assets does not occur; provided further that any telephone notice must be confirmed promptly on the same date prior to 2:00 p.m. New York City time such telephonic notice is given by delivery to the Administrative Agent of a Committed Loan Notice. Such notice must be received by the Administrative Agent for any Revolving Loans requested to be made after the Acquisition Effective Date, prior to (a) 12:00 Noon, New York City time, (i) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurocurrency LoansLoans (four (4) Business Days prior to the requested Borrowing Date, in the case of a Eurocurrency Revolving Loan denominated in a Foreign Currency), or (bii) prior to 12:00 Noon, New York City Time, time on the date of the proposed borrowingrequested 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 to be made pursuant to Section 3.5 3.3 may be given not later than 12:00 Noon, New York City time, on the date of the proposed borrowing), specifying ) and must specify (iA) the amount and Type of Revolving Loans to be borrowed, (iiB) the requested Borrowing Date and (iiiC) in the case of Eurocurrency Revolving Loans, the respective amounts of each such Type of Loan, the Agreed Currency with respect thereto of each such Loan and the respective lengths of the initial Interest Period Periods therefor. If no election as to the Type of a Revolving Loan is specified in any such notice, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each borrowing under the Revolving Loan Commitments shall be in an amount a Dollar Amount equal to (xA) in the case of ABR Loans, $1,000,000 10,000,000 or a whole multiple in increments of $500,000 in excess thereof (or, if the then aggregate Available Revolving Commitments are less than $1,000,00010,000,000, such lesser amount) and (yB) in the case of Eurocurrency Loans, $5,000,000 10,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, provided that the Swingline Lender may request, on behalf borrowings of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.73.9 shall not be subject to the foregoing minimum amounts. Upon receipt of any such notice from the Borrower or any Subsidiary 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 or the relevant Subsidiary Borrower at the Funding Office prior to 2:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made The Administrative Agent shall make the proceeds of such Revolving Loan available to the Borrower or the relevant Subsidiary Borrower on such Borrowing Date by wire transfer of immediately available funds to a bank account designated in writing by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent in writing with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.

Appears in 6 contracts

Samples: Credit Agreement (On Semiconductor Corp), Credit Agreement (On Semiconductor Corp), Credit Agreement (On Semiconductor Corp)

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower or the relevant Subsidiary Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to (a) 12:00 Noon11:00 A.M., New York City time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Eurodollar Loans, or (b) 12:00 Noon, New York City Time, on the date of the proposed borrowingrequested 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 12:00 Noon10:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount amount, Class and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto Revolving Loan and the respective lengths of the initial Interest Period therefor. If no election as Any Revolving Loans made on the Closing Date shall initially be ABR Loans unless the Borrower has provided to the Type of Administrative Agent and the Lenders a Revolving Loan is specified funding indemnity in any such notice, then form and substance reasonably satisfactory to the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s durationAdministrative Agent. Each borrowing 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, $5,000,000 1,000,000 or a whole multiple of $1,000,000 100,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7. Upon receipt of any such notice from the Borrower or any Subsidiary 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 or the relevant Subsidiary Borrower at the Funding Office prior to 2:00 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 or the relevant Subsidiary Borrower by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent in writing with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.

Appears in 4 contracts

Samples: Guaranty and Security Agreement (CorePoint Lodging Inc.), Credit Agreement (CorePoint Lodging Inc.), Credit Agreement (CorePoint Lodging Inc.)

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary Borrower Borrowers may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower or the relevant Subsidiary applicable Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to (a) 12:00 Noon11:00 A.M., New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Eurodollar Loans, or (b) 12:00 Noon, New York City Time, on one Business Day prior to the date of the proposed borrowingrequested 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 12:00 Noon10:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto Loan and the respective lengths of the initial Interest Period therefor. If no election as to the Type of a Revolving Loan is specified in any such notice, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each borrowing 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 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, $5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Swing line Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.72.4. Upon receipt of any such notice from the Borrower or any Subsidiary 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 Borrower or the relevant Subsidiary applicable Borrower at the Funding Office prior to 2:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the such Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower or the relevant Subsidiary applicable Borrower by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary applicable Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent in writing with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.

Appears in 3 contracts

Samples: Credit Agreement (SunCoke Energy Partners, L.P.), Credit Agreement (SunCoke Energy Partners, L.P.), Credit Agreement (SunCoke Energy Partners, L.P.)

Procedure for Revolving Loan Borrowing. (a) The Borrower and any Subsidiary Borrower may borrow under the Revolving Commitments Loans during the Revolving Commitment Period on any Business Day, provided that the Borrower or the relevant Subsidiary Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to (a) 12:00 Noon, New York City time, three Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Loans, or (b) 12:00 Noon, New York City Time, on the date of the proposed borrowing, 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 12:00 Noon, New York City time, on the date of the proposed borrowing), specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurocurrency Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto and the respective lengths of the initial Interest Period therefor. If no election as to the Type of a Revolving Loan is specified in any such notice, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each borrowing 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 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, $5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7. Upon receipt of any such notice from the Borrower or any Subsidiary 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 deliver to the Administrative Agent for the account of the Borrower or the relevant Subsidiary Borrower at the Funding Office prior to 2:00 Agent, no later than 4:00 P.M., New York City time, on the requested Borrowing Date, (i) irrevocable notice in substantially the form of Exhibit F hereto (a “Borrowing Request”), specifying (A) the amount of Revolving Loans to be borrowed, (B) whether such Loans are to be Borrowing Base A Loans or Borrowing Base B Loans or a combination thereof and (C) the requested Borrowing Date and (ii) (A) in the case of Borrowing Base A Loans, a notice in substantially the form of Exhibit G (a “Pledged Eligible Assets Notice”) detailing the Pledged Eligible Assets that will secure the requested Loans and (B) in the case of Borrowing Base B Loans, a notice substantially in the form of Exhibit H (a “Borrowing Base B Limit Notice”) detailing the Borrowing Base B Limit, after giving effect to the borrowing of the Borrowing Base B Loans requested thereby and application of the proceeds thereof as Eligible NSCC Margin Deposits (which shall not be less than the aggregate principal amount of the Borrowing Base B Loans to be outstanding after giving effect to the Borrowing Base B Loans requested in the related Borrowing Request). The Borrowing Request and Pledged Eligible Assets notice, if applicable, shall be delivered by facsimile transmission (with any such transmission deemed delivered upon receipt by Borrower of a facsimile transmission confirmation) to the Loan & Agency and IB Loan Operations Departments of the Administrative Agent at the addresses set forth in Section 10.2. The Borrower in funds immediately available shall give notification, by telephone, to the Administrative Agent that the Borrowing Request and Pledged Eligible Assets Notice, if applicable, have been delivered to the Administrative Agent. Such borrowing will then be made available to the Borrower or the relevant Subsidiary Borrower by Upon its receipt of a Pledged Eligible Assets Notice, the Administrative Agent crediting shall calculate the account Loan Value of the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account as Eligible Assets identified therein, including those referred to in clause (ii), and promptly notify the Borrower or relevant Subsidiary Borrower may specify to if the Administrative Agent in writing with the aggregate requirements of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative AgentSection 2.1(a)(ii) are not satisfied.

Appears in 3 contracts

Samples: Credit Agreement (Investment Technology Group, Inc.), Credit Agreement (Investment Technology Group, Inc.), Credit Agreement (Investment Technology Group, Inc.)

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, ; provided that the Borrower or the relevant Subsidiary Borrower shall give the Administrative Agent an irrevocable notice Notice of Borrowing (which notice must be received by the Administrative Agent prior to 10:00 A.M. (a) 12:00 Noon, New York City time, three 3 Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Eurodollar Loans, or (b) 12:00 Noon, New York City Time, on 1 Business Day prior to the date of the proposed borrowingrequested Borrowing Date, in the case of ABR Loans) (provided that any such notice Notice of a borrowing Borrowing of ABR Loans under the Revolving Facility to finance payments required by under Section 3.5 3.5(a) may be given not later than 12:00 Noon, New York City time, 10:00 A.M. on the date of the proposed borrowing), in each such case specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and Date, (iii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto 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. If Unless otherwise agreed by the Administrative Agent in its sole discretion, no election as to the Type of a Revolving Loan is specified in any such noticemay be made as, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower converted into or the relevant Subsidiary Borrower shall be deemed to have requested continued as a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Eurodollar Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected having an Interest Period in excess of one month’s duration1 month prior to the date that is 30 days after the Closing Date. Each borrowing 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, $5,000,000 or a whole multiple of $1,000,000 in excess thereof); provided, provided that the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7. Upon receipt of any such notice Notice of Borrowing from the Borrower or any Subsidiary 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 or the relevant Subsidiary Borrower at the Revolving Loan Funding Office prior to 2:00 P.M., New York City time, 12:00 P.M. on the Borrowing Date requested by the Borrower in funds immediately available Same Day Funds to the Administrative Agent. Such borrowing will then be made available to the Borrower or the relevant Subsidiary Borrower by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify is designated in writing to the Administrative Agent in writing by the Borrower with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.

Appears in 3 contracts

Samples: Credit Agreement (Nerdwallet, Inc.), Credit Agreement (Nerdwallet, Inc.), Credit Agreement (Nerdwallet, Inc.)

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, ; provided that the Borrower or the relevant Subsidiary Borrower shall give the Administrative Agent an irrevocable notice Notice of Borrowing (which notice must be received by the Administrative Agent prior to 10:00 A.M. (a) 12:00 Noon, New York City time, three (3) Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Eurodollar Loans, or (b) 12:00 Noon, New York City Time, on one (1) Business Day prior to the date of the proposed borrowingrequested Borrowing Date, in the case of ABR Loans) (provided that any such notice Notice of a borrowing Borrowing of ABR Loans under the Revolving Facility to finance payments required by under Section 3.5 3.5(a) may be given not later than 12:00 Noon, New York City time, 10:00 A.M. on the date of the proposed borrowing), in each such case specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and Date, (iii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto Loan and the respective lengths of the initial Interest Period therefor. If no election as , and (iv) instructions for remittance of the proceeds of the applicable Loans to the Type of a Revolving Loan is specified in any such notice, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s durationborrowed. Each borrowing 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, $5,000,000 or a whole multiple of $1,000,000 in excess thereof); provided, provided that the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7). Upon receipt of any such notice Notice of Borrowing from the Borrower or any Subsidiary 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 or the relevant Subsidiary Borrower at the Revolving Loan Funding Office prior to 2:00 P.M., New York City time, 12:00 P.M. on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower or the relevant Subsidiary Borrower by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify is designated in writing to the Administrative Agent in writing by the Borrower with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.

Appears in 2 contracts

Samples: Guarantee and Collateral Agreement (Accuray Inc), Credit Agreement (Organogenesis Holdings Inc.)

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary A Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower or the relevant Subsidiary (a) with respect to US Revolving Loans, such Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent (I) prior to 10:00 A.M. on the Closing Date for Loans requested to be made on the Closing Date and (aII) 12:00 Noonfor Loans requested to be made on any date other than the Closing Date, New York City time, (x) prior to 10:00 A.M. three Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Loans, Eurodollar Loans or (by) 12:00 Noon, New York City Time, prior to noon on the date of the proposed borrowingrequested Borrowing Date, in the case of ABR Loans) Loans or US Base Rate Loans to be made to any US Borrower or any Canadian Borrower (provided it being understood that any such notice of only a borrowing of US Borrower or a Canadian Borrower may borrow ABR Loans under the Revolving Facility to finance payments required by this Section 3.5 may be given not later than 12:00 Noon, New York City time, on the date of the proposed borrowing2.2)), specifying (i) the amount and Type of US Revolving Loans to be borrowed, (ii) whether such Revolving Loans shall be borrowed pursuant to the Tranche 1 Revolving Commitments or the Tranche 2 Revolving Commitments, (iii) the requested Borrowing Date, and (iv) in the case of Eurodollar Loans, the length of the initial Interest Period, (b) with respect to Canadian Revolving Loans, such Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent (I) prior to 10:00 A.M. on the Closing Date for Loans requested to be made on the Closing Date and (II) for Loans requested to be made on any date other than the Closing Date, prior to 10:00 A.M. (x) two Business Days prior to the requested Borrowing Date, in the case of Bankers’ Acceptances, or (y) one Business Day prior to the requested Borrowing Date, in the case of Canadian Prime Rate Loans), specifying (i) the amount and Type of Canadian Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurocurrency Bankers’ Acceptances, the length of the initial Contract Period therefor and (c) with respect to Euro Revolving Loans, such Borrower shall give the respective amounts Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 10:00 A.M., London time, four Business Days prior to the requested Borrowing Date), specifying (i) the amount of each such Type of LoanEuro Revolving Loans to be borrowed, (ii) the Currency with respect thereto requested Borrowing Date and (iii) the respective lengths length of the initial Interest Period therefor. If no election as to the Type of a Revolving Loan is specified in any such notice, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each borrowing under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR LoansUS$10,000,000, $1,000,000 C$10,000,000 or €10,000,000, as applicable, or a whole multiple of US$1,000,000, C$1,000,000 or €1,000,000 in excess thereof (or, if the then aggregate Available Revolving Commitments are less than $1,000,000US$10,000,000, such lesser amount) and amount (y) in or the case of Eurocurrency Loans, $5,000,000 or a whole multiple of $1,000,000 in excess applicable US Dollar Equivalent thereof); provided, that the each Swingline Lender and each Issuing Lender may request, on behalf of the Borrower or any Subsidiary a Borrower, borrowings under the Tranche 1 Revolving Commitments that are ABR Loans, US Base Rate Loans or Canadian Prime Rate Loans in other amounts pursuant to Section 2.72.6 and Section 3.5, respectively. Upon receipt of any such notice from the Borrower or any Subsidiary relevant Borrower, the Administrative Agent shall promptly notify each Revolving Lender of the applicable Class thereof. Each Tranche 1 Revolving Lender or Tranche 2 Revolving Lender, as the case may be, 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 relevant Subsidiary Borrower at the relevant Funding Office prior to 2:00 P.M.(x) in the case of Loans other than ABR Loans or US Base Rate Loans, New York City time12:00 Noon, on the Borrowing Date requested by such Borrower and (y) in the case of ABR Loans, 2:00 P.M., on the Borrowing Date requested by such Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower or the relevant Subsidiary such Borrower by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary Borrower on the books of such office or such other an account as the directed by such Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent in writing with the aggregate of the amounts made available to the Administrative Agent by the Revolving applicable Lenders and in like funds as received by the Administrative Agent. Each Tranche 1 Revolving Lender shall make available to any Borrower Bankers’ Acceptance borrowings during the Revolving Commitment Period, in accordance with and pursuant to the procedures set forth in Section 2.3.

Appears in 2 contracts

Samples: Credit Agreement (Domtar CORP), Credit Agreement (Domtar CORP)

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower or the relevant Subsidiary Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 12:00 Noon, Local Time, (a) 12:00 Noon, New York City time, three Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Loans, or (b) 12:00 Noon, New York City Time, on one Business Day prior to the date of the proposed borrowingrequested 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 12:00 Noon, New York City time, on the date of the proposed borrowing), specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurocurrency Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto and the respective lengths of the initial Interest Period therefor. If no election as to the Type of a Revolving Loan is specified in any such notice, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each borrowing 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 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, $5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the US$ Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7. Upon receipt of any such notice from the Borrower or any Subsidiary Borrower, 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 Borrower or the relevant Subsidiary Borrower at the Funding Office prior to 2:00 P.M.12:00 Noon, 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 or the relevant Subsidiary Borrower by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent in writing with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.

Appears in 2 contracts

Samples: Credit Agreement (Church & Dwight Co Inc /De/), Credit Agreement (Church & Dwight Co Inc /De/)

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower or the relevant Subsidiary Borrower shall give the Administrative Agent irrevocable telephonic notice confirmed promptly in writing signed by one of the authorized individuals set forth on Schedule 2.5 in substantially the form attached hereto as Exhibit 2.5 (a “Notice of Revolving Borrowing”) (which telephonic notice must be received by the Administrative Agent prior to 10:00 a.m., Central time, (a) 12:00 Noon, New York City time, three (3) Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Eurodollar Loans, or (b) 12:00 Noon, New York City Time, on one (1) Business Day prior to the date of the proposed borrowingrequested 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 12:00 Noon, New York City time, on the date of the proposed borrowing), specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto Loan and the respective lengths of the initial Interest Period Periods therefor. If no election as to the Type of a Revolving Loan is specified in any such notice, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each borrowing 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 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, $5,000,000 100,000 or a whole multiple of $1,000,000 50,000 in excess thereof; provided, provided that the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7. Upon receipt of any such notice from the Borrower or any Subsidiary 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 or the relevant Subsidiary Borrower at the Funding Office prior to 2:00 P.M.12:00 Noon, New York City Central time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower or the relevant Subsidiary Borrower by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary Borrower on the books of such office office, or such other account as the Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent otherwise directed in writing by the Borrower, with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.

Appears in 2 contracts

Samples: Credit Agreement (Trean Insurance Group, Inc.), Credit Agreement (Trean Insurance Group, Inc.)

Procedure for Revolving Loan Borrowing. (a) The Borrower and any Subsidiary Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower or the relevant and such Subsidiary Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to (a) 12:00 Noon11:00 A.M., New York City time, (a) three Business Days prior to the requested Revolving Borrowing Date, in the case of Eurocurrency Eurodollar Loans, or (b) 12:00 Noon, New York City Time, on one Business Day prior to the date of the proposed borrowingrequested Revolving 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 12:00 Noon, New York City time, on the date of the proposed borrowing), specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Revolving Borrowing Date and (iii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto Revolving Loan and the respective lengths of the initial Interest Period therefor. If no election as to the Type of a Revolving Loan is specified in any such notice, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each borrowing 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 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, $5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower or any the relevant Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7. Upon receipt of any such notice from the Borrower or any the relevant Subsidiary 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 or the relevant Subsidiary Borrower at the Funding Office prior to 2:00 P.M.12:00 Noon, New York City time, on the Revolving Borrowing Date requested by the Borrower or the relevant Subsidiary Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower or the relevant Subsidiary Borrower by the Administrative Agent crediting the account of the Borrower or the relevant such Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent in writing with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.

Appears in 2 contracts

Samples: Credit Agreement (Synopsys Inc), Guarantee Agreement (Synopsys Inc)

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary Borrower may borrow under the (a) To request a Revolving Commitments during the Revolving Commitment Period Borrowing or a Term B-1 Loan Borrowing on any Business Day, provided that the Borrower or the relevant Subsidiary Borrower shall give notify the Administrative Agent irrevocable notice of such request (x) in the case of ABR Loans, by telephone (which notice must be received by the Administrative Agent prior to (a) 12:00 Noonnoon, New York City time, three Business Days prior to time on the requested Borrowing Date, in the case of Eurocurrency Loans, ) or (b) 12:00 Noon, New York City Time, on the date of the proposed borrowing, 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 12:00 Noon, New York City time, on the date of the proposed borrowing), specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurocurrency Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto and the respective lengths of the initial Interest Period therefor. If no election as to the Type of a Revolving Loan is specified in any such notice, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each borrowing 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 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, $5,000,000 or in writing (which notice must be received by the Administrative Agent prior to 12:00 noon, New York City time not less than (A) three Business Days prior to the requested Borrowing Date for Dollar Revolving Borrowing requests and (B) four Business Days prior to the requested Borrowing Date for Alternative Currency Revolving Borrowing requests). Any telephonic borrowing request shall be irrevocable and(but may be conditioned on the occurrence of any event if the borrowing request includes a whole multiple description of $1,000,000 in excess thereofsuch event; provided, provided that the Swingline Lender may requestrelevant Lenders shall still be entitled to the benefits of Section 2.13) and any telephonic borrowing request shall be confirmed promptly in writing. Each such telephonic and written borrowing request shall specify the amount, on behalf currency and Type of Borrowing to be borrowed and the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7requested Borrowing Date. Upon receipt of any such notice from the Borrower or any Subsidiary Borrowernotice, the Administrative Agent shall promptly notify each relevant Revolving Lender thereof. Each Revolving Lender will make For the amount avoidance of its pro rata share doubt, subject to Section 2.11, each Borrowing shall be comprised entirely of each borrowing available to the Administrative Agent for the account of the Borrower ABR Loans or the relevant Subsidiary Borrower at the Funding Office prior to 2:00 P.M., New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower or the relevant Subsidiary Borrower by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account Eurocurrency Loans as the Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent request in writing with the aggregate of the amounts accordance herewith and all Revolving Loans made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative AgentAlternative Currencies shall be Eurocurrency Loans.

Appears in 2 contracts

Samples: Credit Agreement (Match Group, Inc.), Credit Agreement (Iac/Interactivecorp)

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary Borrower may borrow under the Revolving Commitments during the Revolving Commitment Availability Period on any Business Day, ; provided that the Borrower or the relevant Subsidiary Borrower shall give the Administrative Agent its irrevocable 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 for any Revolving Loans requested to be made after the Closing Date, prior to (a) 12:00 Noon, New York City time, (i) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Eurodollar Loans, or (bii) 12:00 Noon, New York City Time, on one (1) Business Day prior to the date of the proposed borrowingrequested Borrowing Date, in the case of ABR Base Rate Loans) (provided that any such notice of a borrowing of ABR Base Rate Loans under the Revolving Facility to finance payments required by to be made pursuant to Section 3.5 2.3 may be given not later than 12:00 Noon, New York City time, on the date of the proposed borrowing), specifying (ix) the amount amount, currency (which shall be Dollars or an Alternate Currency) and Type of Revolving Loans to be borrowed, (iiy) the requested Borrowing Date and (iiiz) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto Loan and the respective lengths of the initial Interest Period therefor. If no election as to the Type of a ; provided, each Revolving Loan is specified denominated in any such notice, then the requested borrowing Alternate Currency shall be an ABR a Eurodollar Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each borrowing 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, $5,000,000 500,000 or a whole multiple of $1,000,000 100,000 in excess thereofthereof (or the Dollar Equivalent thereof in the case of any borrowing of Eurodollar Loans denominated in any Alternate Currency); provided, that the Swingline Lender may request, on behalf borrowings of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Base Rate Loans in other amounts pursuant to Section 2.72.9 shall not be subject to the foregoing minimum amounts. Upon receipt of any such notice from the Borrower or any Subsidiary 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 or the relevant Subsidiary Borrower at the Funding Office prior to 2:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made The Administrative Agent shall make the proceeds of such Revolving Loan available to the Borrower or the relevant Subsidiary Borrower on such Borrowing Date by wire transfer of immediately available funds to a bank account designated in writing by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent in writing with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.

Appears in 2 contracts

Samples: Credit Agreement (2U, Inc.), Credit Agreement (2U, Inc.)

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary Borrower may borrow under the Revolving Commitments of either Class during the Revolving Commitment Period on any Business Day, ; provided that the Borrower or the relevant Subsidiary Borrower shall give the Administrative Agent irrevocable 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 (a) 12:00 Noon, New York City time, three Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Loans, Date or (bii) 12:00 Noon, New York City Time, on the date of the proposed borrowing, in the case of ABR Loans) (provided that any such notice of a borrowing of ABR Loans under the Revolving Facility , prior to finance payments required by Section 3.5 may be given not later than 12:00 Noon, New York City time, on one Business Day prior to the date of the proposed borrowingrequested Borrowing Date), specifying (iv) 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, (iix) 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 (iiiz) in the case of Eurocurrency Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto Loan and the respective lengths of the initial Interest Period therefor. If no election as to the Type of a Revolving Loan is specified in any such notice, then the requested Each borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then by the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each borrowing 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 $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, $5,000,000 1,000,000 or a whole multiple of $1,000,000 250,000 in excess thereof; provided, provided that the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments of either Class that are ABR Loans in other amounts pursuant to Section 2.72.7(a). Upon receipt of any such notice from the Borrower or any Subsidiary 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 or the relevant Subsidiary Borrower at the Funding Office prior to 2:00 P.M.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 or the relevant Subsidiary Borrower by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent in writing with the aggregate of the amounts made available to the Administrative Agent by the such Revolving Lenders and in like funds as received by the Administrative Agent. If no election as to the Class of Revolving Loans is requested, and the Loans requested are 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 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 and any Subsidiary Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower or the relevant Subsidiary Borrower shall give the Administrative Agent irrevocable notice by telecopy or telephone (promptly confirmed by telecopy) (which notice must be received by the Administrative Agent prior to (a) 12:00 Noon11:00 A.M., New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Eurodollar Loans, or (b) 12:00 Noon, New York City Time, on one Business Day prior to the date of the proposed borrowingrequested 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 shall be given not later than 12:00 Noon10:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto Loan and the respective lengths of the initial Interest Period therefor. If no election as to Any Revolving Loans made on the Type of a Revolving Loan is specified in any such notice, then the requested borrowing Closing Date shall initially be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s durationLoans. Each borrowing 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 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, $5,000,000 2,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7. Upon receipt of any such notice from the Borrower or any Subsidiary 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 or the relevant Subsidiary Borrower at the Funding Office prior to 2:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower or the relevant Subsidiary Borrower by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent in writing with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.

Appears in 2 contracts

Samples: Credit Agreement (Educate Inc), Credit Agreement (Educate Inc)

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary Borrower Borrowers may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower or the relevant Subsidiary applicable Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to (a) 12:00 NoonP.M., New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Eurodollar Loans, or (b) 12:00 Noon, New York City Time, on one Business Day prior to the date of the proposed borrowingrequested Borrowing Date, in the case of ABR Loans) Loans or Daily Floating Rate Loans (provided that (i) such notice may be given by (A) telephone, or (B) a Loan Notice (provided any telephonic notice must be confirmed promptly by delivery to the Administrative Agent of a Loan Notice) and (ii) any such notice of a borrowing of ABR Loans or Daily Floating Rate Loans under the Revolving Facility to finance payments required by Section 3.5 may be given not later than 12:00 NoonP.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto Loan and the respective lengths of the initial Interest Period therefor. If no election as to the Type of a Revolving Loan is specified in any such notice, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each borrowing under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans or Daily Floating Rate Loans, $1,000,000 or a whole multiple 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, $5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans or Daily Floating Rate Loans in other amounts pursuant to Section 2.7. Upon receipt of any such notice Loan Notice from the Borrower or any Subsidiary 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 Borrower or the relevant Subsidiary applicable Borrower at the Funding Office prior to 2:00 1:00 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 will then be made available to the Borrower or the relevant Subsidiary applicable Borrower by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary applicable Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent in writing with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.

Appears in 2 contracts

Samples: Credit Agreement (SunCoke Energy, Inc.), Credit Agreement (SunCoke Energy, Inc.)

Procedure for Revolving Loan Borrowing. (a) The Borrower and any Subsidiary Borrower may borrow under the Revolving Commitments Loans during the Revolving Commitment Period on any Business Day, provided that the Borrower or the relevant Subsidiary Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to (a) 12:00 Noon, New York City time, three Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Loans, or (b) 12:00 Noon, New York City Time, on the date of the proposed borrowing, 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 12:00 Noon, New York City time, on the date of the proposed borrowing), specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurocurrency Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto and the respective lengths of the initial Interest Period therefor. If no election as to the Type of a Revolving Loan is specified in any such notice, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each borrowing 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 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, $5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7. Upon receipt of any such notice from the Borrower or any Subsidiary 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 deliver to the Administrative Agent for the account of the Borrower or the relevant Subsidiary Borrower at the Funding Office prior to 2:00 Agent, no later than 4:00 P.M., New York City time, on the requested Borrowing Date, (i) irrevocable notice in substantially the form of Exhibit F hereto (a “Borrowing Request”), specifying (A) the amount of Revolving Loans to be borrowed, (B) whether such Loans are to be Borrowing Base A Loans or Borrowing Base B Loans or a combination thereof and (C) the requested Borrowing Date and (ii) (A) in the case of Borrowing Base A Loans, a notice in substantially the form of Exhibit G (a “Pledged Eligible Assets Notice”) detailing the Pledged Eligible Assets that will secure the requested Loans and (B) in the case of Borrowing Base B Loans, a notice substantially in the form of Exhibit H (a “Borrowing Base B Limit Notice”) detailing the Borrowing Base B Limit, after giving effect to the borrowing of the Borrowing Base B Loans requested thereby and application of the proceeds thereof as Eligible NSCC Margin Deposits (which shall not be less than the aggregate principal amount of the Borrowing Base B Loans to be outstanding after giving effect to the Borrowing Base B Loans requested in the related Borrowing Request). The Borrowing Request and Pledged Eligible Assets Notice, if applicable, shall be delivered by facsimile transmission (with any such transmission deemed delivered upon receipt by Borrower of a facsimile transmission confirmation) to the Loan & Agency and IB Loan Operations Departments of the Administrative Agent at the addresses set forth in Section 10.2. The Borrower in funds immediately available shall give notification, by telephone, to the Administrative Agent that the Borrowing Request and Pledged Eligible Assets Notice, if applicable, have been delivered to the Administrative Agent. Such borrowing will then be made available to the Borrower or the relevant Subsidiary Borrower by Upon its receipt of a Pledged Eligible Assets Notice, the Administrative Agent crediting shall calculate the account Loan Value of the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account as Eligible Assets identified therein, including those referred to in clause (ii), and promptly notify the Borrower or relevant Subsidiary Borrower may specify to if the Administrative Agent in writing with the aggregate requirements of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative AgentSection 2.1(a)(ii) are not satisfied.

Appears in 2 contracts

Samples: Credit Agreement (Investment Technology Group, Inc.), Credit Agreement (Investment Technology Group, Inc.)

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower or the relevant Subsidiary Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to (a) 12:00 Noon11:00 A.M., New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Eurodollar Loans, or (b) 12:00 Noon, New York City Time, on one Business Day prior to the date of the proposed borrowingrequested 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 12:00 Noon10:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto Loan and the respective lengths of the initial Interest Period therefor. If no election as to the Type of a Revolving Loan is specified in any such notice, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each borrowing 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 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, $5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7. Upon receipt of any such notice from the Borrower or any Subsidiary 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 or the relevant Subsidiary Borrower at the Funding Office prior to 2:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower or the relevant Subsidiary Borrower by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent in writing with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.

Appears in 2 contracts

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

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower or the relevant Subsidiary Borrower shall give the Administrative Agent and the Sub-Agent irrevocable notice (which notice must be received by the Administrative Agent and the Sub-Agent prior to (a) 12:00 Noon, New York City time, time (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Loans, Eurodollar Loans or (b) 12:00 Noon, New York City Time, on one Business Day prior to the date of the proposed borrowingrequested Borrowing Date, in the case of ABR Base Rate 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 12:00 Noon, New York City time, on the date of the proposed borrowing), specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto Loan and the respective lengths of the initial Interest Period therefor. If no election as to the Type of a Revolving Loan is specified in any such notice, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each borrowing Borrowing 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 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, $5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, provided that the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Base Rate Loans in other amounts pursuant to Section 2.72.6. Upon receipt of any such notice from the Borrower or any Subsidiary Borrower, the Administrative Sub-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 Sub-Agent for the account of the Borrower or the relevant Subsidiary Borrower at the Funding Office prior to 2:00 P.M., New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Sub-Agent. Such borrowing Borrowing will then be made available to the Borrower or the relevant Subsidiary Borrower by the Administrative Sub-Agent crediting the account of as directed by the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent in writing with the aggregate of the amounts made available to the Administrative Sub-Agent by the Revolving Lenders and in like funds as received by the Administrative Sub-Agent.

Appears in 2 contracts

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

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary A Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower or the relevant Subsidiary (a) with respect to US Revolving Loans, such Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to (a) 12:00 Noon10:00 A.M., New York City timeon the Closing Date for Loans requested to be made on the Closing Date, three Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Loans, Eurodollar Loans or (b) 12:00 Noon, New York City Time, on one Business Day prior to the date of the proposed borrowingrequested Borrowing Date, in the case of ABR Loans or US Base Rate 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 12:00 Noon, New York City time, on the date of the proposed borrowing), specifying (i) the amount and Type of US Revolving Loans to be borrowed, (ii) whether such Revolving Loans shall be borrowed pursuant to the Tranche 1 Revolving Commitments or the Tranche 2 Revolving Commitments, (iii) the requested Borrowing Date, and (iv) in the case of Eurodollar Loans, the length of the initial Interest Period, (b) with respect to Canadian Revolving Loans, such Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 10:00 A.M., on the Closing Date for Loans requested to be made on the Closing Date, two Business Days prior to the requested Borrowing Date, in the case of Bankers’ Acceptances or one Business Day prior to the requested Borrowing Date in the case of Canadian Prime Rate Loans), specifying (i) the amount and Type of Canadian Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurocurrency Bankers’ Acceptances, the length of the initial Contract Period therefor and (c) with respect to Euro Revolving Loans, such Borrower shall give the respective amounts Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 10:00 A.M., London time, four Business Days prior to the requested Borrowing Date), specifying (i) the amount of each such Type of LoanEuro Revolving Loans to be borrowed, (ii) the Currency with respect thereto requested Borrowing Date and (iii) the respective lengths length of the initial Interest Period therefor. If no election as to the Type of a Revolving Loan is specified in any such notice, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each borrowing under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR LoansUS$10,000,000, $1,000,000 C$10,000,000 or €10,000,000, as applicable, or a whole multiple of US$1,000,000, C$1,000,000 or €1,000,000 in excess thereof (or, if the then aggregate Available Revolving Commitments are less than $1,000,000US$10,000,000, such lesser amount) and amount (y) in or the case of Eurocurrency Loans, $5,000,000 or a whole multiple of $1,000,000 in excess applicable US Dollar Equivalent thereof); provided, that the each Swingline Lender and each Issuing Lender may request, on behalf of the Borrower or any Subsidiary a Borrower, borrowings under the Tranche 1 Revolving Commitments that are ABR Loans, US Base Rate Loans or Canadian Prime Rate Loans in other amounts pursuant to Section 2.72.6 and Section 3.5, respectively. Upon receipt of any such notice from the Borrower or any Subsidiary relevant Borrower, the Administrative Agent shall promptly notify each Revolving Lender of the applicable Class thereof. Each Tranche 1 Revolving Lender or Tranche 2 Revolving Lender, as the case may be, 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 relevant Subsidiary Borrower at the relevant Funding Office prior to 2:00 P.M., New York City time12:00 Noon, 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 or the relevant Subsidiary such Borrower by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary Borrower on the books of such office or such other an account as the directed by such Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent in writing with the aggregate of the amounts made available to the Administrative Agent by the Revolving applicable Lenders and in like funds as received by the Administrative Agent. Each Tranche 1 Revolving Lender shall make available to any Borrower Bankers’ Acceptance borrowings during the Revolving Commitment Period, in accordance with and pursuant to the procedures set forth in Section 2.3.

Appears in 2 contracts

Samples: Credit Agreement (Domtar CORP), Credit Agreement (Domtar CORP)

Procedure for Revolving Loan Borrowing. The Any Borrower and any Subsidiary Borrower (other than the Canadian Borrower) may borrow under the relevant Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower or the relevant Subsidiary such Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to (a) 12:00 Noon, New York City time, three Business Days prior to by the requested Borrowing Date, in the case of Eurocurrency Loans, or (b) 12:00 Noon, New York City Specified Notice Time, on the date of the proposed borrowing, 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 12:00 Noon, New York City time, on the date of the proposed borrowing), specifying (i) the amount and Type of Revolving Loans currency to be borrowed, (ii) the requested Borrowing Date Date, (iii) the Type or Types of Loans and (iiiiv) in the case of Eurocurrency Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto Loan and the respective lengths of the initial Interest Period therefor. If no election as to the Type of a Revolving Loan is specified in any such notice, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each borrowing 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 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, $5,000,000 or a whole multiple of $1,000,000 in excess thereofMinimum Tranche; provided, that the any Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Base Rate Loans in other amounts pursuant to Section 2.6 or 2.7. Upon receipt of any such notice from the Borrower or any Subsidiary Borrower, 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 Borrower or the relevant Subsidiary applicable Borrower at the Funding Office prior to 2:00 P.M.11:00 A.M., New York City timeLocal 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 or the relevant Subsidiary applicable Borrower by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary such Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent in writing with the aggregate of the amounts made available to the Administrative Agent by the relevant Revolving Lenders and in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Dura Automotive Systems Inc)

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower or the relevant Subsidiary Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to (a) 12:00 Noon11:00 A.M., New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Eurodollar Loans, or (b) 12:00 Noon, New York City Time, on the date of the proposed borrowingrequested 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 12:00 Noon, New York City time, on the date of the proposed borrowing), specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto Loan and the respective lengths of the initial Interest Period therefor. If no election as Each telephonic notice by the Borrower pursuant to this Section 2.2(a) must be confirmed promptly by delivery to the Type Administrative Agent of a written Revolving Loan is specified in any such noticeNotice, then appropriately completed and signed by a Responsible Officer of the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s durationBorrower. Each borrowing 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 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, $5,000,000 1,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of . If the Borrower or any Subsidiary Borrowerfails to specify a Type of Revolving Loan in a Revolving Loan Notice, borrowings under then the applicable Revolving Commitments that are Loans shall be made as ABR Loans. If the Borrower requests a borrowing of Eurodollar Loans in other amounts pursuant any such Revolving Loan Notice but fails to Section 2.7specify an Interest Period, it will be deemed to have specified an Interest Period of one month. Upon receipt of any such notice from the Borrower or any Subsidiary Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereofthereof and of the amount of its Percentage of the applicable Revolving Loans. 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 relevant Subsidiary Borrower at the Funding Office prior to 2:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower or the relevant Subsidiary Borrower by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent in writing with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (National Financial Partners Corp)

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower or the relevant Subsidiary Borrower shall give the Administrative Designated Agent irrevocable notice (which notice must be received by the Administrative Designated Agent (a)(a) prior to (a) 12:00 Noon, New York City time, three Business Days prior to the requested Borrowing Date, in the case of Eurocurrency EurodollarTerm Benchmark Loans, or (bb)(b) 12:00 Noon, New York City Time, on the date of the proposed borrowing, in the case of ABR Loans) (provided that any such notice of a borrowing of ABR Loans under the Revolving Facility prior to finance payments required by Section 3.5 may be given not later than 12:00 Noon1:00 P.M., New York City time, on the date requested Borrowing Date, in the case of ABR Loans; provided that any notice of ABR Loans to be incurred on the proposed borrowing)Effective Date must be received prior to 1:00 P.M., New York City time, one Business Day prior to the Effective Date) specifying (ii)(i) the amount and Type of Revolving Loans to be borrowed, (iiii)(ii) the requested Borrowing Date and (iiiiii)(iii) in the case of Eurocurrency EurodollarTerm Benchmark Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto Loan and the respective lengths of the initial Interest Period therefor. If no election as to the Type of a Revolving Loan is specified in any such notice, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each borrowing 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 $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, $5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7). Upon receipt of any such notice from the Borrower or any Subsidiary 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 or the relevant Subsidiary Borrower at the Funding Office prior to 2:00 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 or the relevant Subsidiary Borrower by the Administrative Designated Agent crediting the account of the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent in writing with the aggregate of the amounts made available to the Administrative Designated Agent by the Revolving Lenders and in like funds as received by the Administrative Designated Agent.

Appears in 1 contract

Samples: Credit Agreement (PACIFIC GAS & ELECTRIC Co)

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any an37y Business Day, ; provided that the Borrower or the relevant Subsidiary Borrower shall give the Administrative Agent an irrevocable notice Notice of Borrowing (which notice must be received by the Administrative Agent prior to 10:00 A.M. (a) 12:00 Noon, New York City time, three 3 Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Eurodollar Loans, or (b) 12:00 Noon, New York City Time, on 1 Business Day prior to the date of the proposed borrowingrequested Borrowing Date, in the case of ABR Loans) (provided that any such notice Notice of a borrowing Borrowing of ABR Loans under the Revolving Facility to finance payments required by under Section 3.5 3.5(a) may be given not later than 12:00 Noon, New York City time, 10:00 A.M. on the date of the proposed borrowing), in each such case specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and Date, (iii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto 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. If Unless otherwise agreed by the Administrative Agent in its sole discretion, no election as to the Type of a Revolving Loan is specified in any such noticemay be made as, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower converted into or the relevant Subsidiary Borrower shall be deemed to have requested continued as a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Eurodollar Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected having an Interest Period in excess of one month’s duration1 month prior to the date that is 30 days after the Closing Date. Each borrowing 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, $5,000,000 or a whole multiple of $1,000,000 in excess thereof); provided, provided that the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7. Upon receipt of any such notice Notice of Borrowing from the Borrower or any Subsidiary 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 or the relevant Subsidiary Borrower at the Revolving Loan Funding Office prior to 2:00 P.M., New York City time, 12:00 P.M. on the Borrowing Date requested by the Borrower in funds immediately available funds to the Administrative Agent. Such borrowing will then be made available to the Borrower or the relevant Subsidiary Borrower by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify is designated in writing to the Administrative Agent in writing by the Borrower with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative AgentAgent or, if so specified in the Flow of Funds Agreement, the Administrative Agent shall wire transfer all or a portion of such aggregate amounts in accordance with the wire instructions specified for such purpose in the Flow of Funds Agreement.

Appears in 1 contract

Samples: Credit Agreement (Stitch Fix, Inc.)

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary 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 or the relevant Subsidiary Borrower shall give the Administrative Agent an irrevocable notice Notice of Borrowing (which notice must be received by the Administrative Agent prior to 11:00 A.M., Pacific time, (a) 12:00 Noon, New York City time, three Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Eurodollar Loans, or (b) 12:00 Noon, New York City Time, on one Business Day prior to the date of the proposed borrowingrequested Borrowing Date, in the case of ABR LoansLoans (in each case, with originals to follow within three Business Days)) (provided that any such notice Notice of a borrowing Borrowing of ABR Loans under the Revolving Facility to finance payments required by under Section 3.5 3.5(a) may be given not later than 12:00 Noon11:00 A.M., New York City Pacific time, on the date of the proposed borrowing), in each such case specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and Date, (iii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto Loan and the respective lengths of the initial Interest Period therefor. If no election as , and (iv) instructions for remittance of the proceeds of the applicable Loans to the Type of a Revolving Loan is specified in any such notice, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s durationborrowed. Each borrowing 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, $5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, provided that the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7). Upon receipt of any such notice Notice of Borrowing from the Borrower or any Subsidiary 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 or the relevant Subsidiary Borrower at the Revolving Loan Funding Office prior to 2:00 12:00 P.M., New York City Pacific time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower or the relevant Subsidiary Borrower by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify is designated in writing to the Administrative Agent in writing by the Borrower with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative AgentAgent or, if so specified in such written notice from the Borrower, the Administrative Agent shall wire transfer a portion of such aggregate amounts to the Existing Agent (for application against amounts then outstanding under the Existing Credit Facility), in accordance with the wire instructions specified for such purpose by the Borrower.

Appears in 1 contract

Samples: Credit Agreement (Demand Media Inc.)

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower or the relevant Subsidiary Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to (a) 12:00 Noon11:00 A.M., New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Eurodollar Loans, or (b) 12:00 Noon, New York City Time, on the date of the proposed borrowingrequested 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 2.3(i) may be given not later than 12:00 Noon11:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurocurrency Loans, the respective amounts amount of each such Type of LoanRevolving Loan and, in the Currency with respect thereto and case of Eurodollar Loans, the respective lengths of the initial Interest Period therefor. If no election as to Any Revolving Loans made on the Type of a Revolving Loan is specified in any such notice, then the requested borrowing shall Closing Date may be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s durationEurodollar Loans. Each borrowing 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 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, $5,000,000 or a whole multiple of $1,000,000 in excess thereof); provided, that the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.72.19. Upon receipt of any such notice from the Borrower or any Subsidiary 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 or the relevant Subsidiary Borrower at the Funding Office prior to 2:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower or the relevant Subsidiary Borrower by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent in writing with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Westar Energy Inc /Ks)

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, ; provided that the Borrower or the relevant Subsidiary Borrower shall give the Administrative Agent an irrevocable notice Notice of Borrowing (which notice must be received by the Administrative Agent prior to 10:00 A.M. (a) 12:00 Noon, New York City time, three 3 Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Eurodollar Loans, or (b) 12:00 Noon, New York City Time, on 1 Business Day prior to the date of the proposed borrowingrequested Borrowing Date, in the case of ABR Loans) (provided that any such notice Notice of a borrowing Borrowing of ABR Loans under the Revolving Facility to finance payments required by under Section 3.5 3.5(a) may be given not later than 12:00 Noon, New York City time, 10:00 A.M. on the date of the proposed borrowing), in each such case specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and Date, (iii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto 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. If Unless otherwise agreed by the Administrative Agent in its sole discretion, no election as to the Type of a Revolving Loan is specified in any such noticemay be made as, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower converted into or the relevant Subsidiary Borrower shall be deemed to have requested continued as a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Eurodollar Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected having an Interest Period in excess of one month’s duration1 month prior to the date that is 30 days after the Closing Date. Each borrowing 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, $5,000,000 or a whole multiple of $1,000,000 in excess thereof); provided, provided that the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7. Upon receipt of any such notice Notice of Borrowing from the Borrower or any Subsidiary 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 or the relevant Subsidiary Borrower at the Revolving Loan Funding Office prior to 2:00 P.M., New York City time, 12:00 P.M. on the Borrowing Date requested by the Borrower in funds immediately available funds to the Administrative Agent. Such borrowing will then be made available to the Borrower or the relevant Subsidiary Borrower by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify is designated in writing to the Administrative Agent in writing by the Borrower with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative AgentAgent or, if so specified in the Flow of Funds Agreement, the Administrative Agent shall wire transfer all or a portion of such aggregate amounts in accordance with the wire instructions specified for such purpose in the Flow of Funds Agreement.

Appears in 1 contract

Samples: Credit Agreement (Stitch Fix, Inc.)

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower or the relevant Subsidiary Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to (a) 12:00 Noon, New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Eurodollar Loans, or (b) 12:00 Noon, New York City Time, on one Business Day prior to the date of the proposed borrowingrequested Borrowing Date, in the case of ABR Base Rate Loans) (provided that any such notice of a borrowing of ABR Base Rate Loans under the Revolving Facility to finance payments required by to be made pursuant to Section 3.5 2.3 may be given not later than 12:00 Noon10:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto Loan and the respective lengths of the initial Interest Period therefor. If no election as to the Type of a Revolving Loan is specified in any such notice, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each borrowing 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 $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 Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf borrowings of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Base Rate Loans in other amounts pursuant to Section 2.72.9 shall not be subject to the foregoing minimum amounts. If no election as to the Type of Revolving Loan to be borrowed is specified, then the requested borrowing shall be of a Base Rate Loan. If no Interest Period is specified with respect to any requested borrowing of a Eurodollar Loan, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Upon receipt of any such notice from the Borrower or any Subsidiary 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 or the relevant Subsidiary Borrower at the Funding Office prior to 2:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made The Administrative Agent will, on the Borrowing Date, make available to the Borrower or the relevant Subsidiary Borrower Borrower, by wire transfer of immediately available funds to a bank account designated by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent in writing with writing, the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agentimmediately available funds.

Appears in 1 contract

Samples: Credit Agreement (Carmike Cinemas Inc)

Procedure for Revolving Loan Borrowing. (a) The Borrower and any Subsidiary Borrower may borrow under the Revolving Commitments during the Revolving Commitment Availability Period on any Business Day, ; provided that the Borrower or the relevant Subsidiary Borrower shall give the Administrative Agent irrevocable notice substantially in the form of Exhibit B-1 (any such notice, a “Borrowing Notice”) (which notice must be received by the Administrative Agent prior to (a) 12:00 Noon2:00 p.m., New York City time, (i) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Eurodollar Loans, or (bii) 12:00 Noon, New York City Time, on one (1) Business Day prior to the date of the proposed borrowingrequested Borrowing Date, in the case of ABR Base Rate Loans) (provided that any such notice of a borrowing of ABR Base Rate Loans under the Revolving Facility to finance payments required by Section 3.5 the reimbursement of an LC Disbursement may be given not later than 12:00 Noon10:00 a.m., New York City time, on the date of the proposed borrowing), specifying (iw) the amount and Type of Revolving Loans to be borrowed, (iix) the requested Borrowing Date and Date, (iiiy) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto Loan and the respective lengths of the initial Interest Period therefortherefor and (z) the location and number of the Borrower’s account to which funds are to be disbursed. If no election as to the Type of a Revolving Loan is specified in any such noticespecified, then the requested borrowing shall be an ABR a Base Rate Revolving Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollars. If no Interest Period is specified with respect to any Eurocurrency Loan is specified in any such noticerequested Eurodollar Revolving Loans, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each borrowing under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Base Rate Loans, $1,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof (or, if the then aggregate Available Revolving Commitments are less than $5,000,000 or $1,000,000, as the case may be, such lesser amountamounts) and (y) in the case of Eurocurrency Eurodollar Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereofthereof (or, if the then aggregate Available Revolving Commitments are less than $5,000,000 or $1,000,000, as the case may be, such lesser amounts); provided, provided that (x) the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Base Rate Loans in other amounts pursuant to Section 2.73.3 and (y) borrowings of Base Rate Loans pursuant to Section 3.6(e) shall not be subject to the foregoing minimum amounts. Upon receipt of any such notice from the Borrower or any Subsidiary 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 or the relevant Subsidiary Borrower at the Funding Office prior to 2:00 P.M.12:00 noon, New York City time, on the Borrowing Date requested by the Borrower in funds by wire transfer of immediately available funds to the account of the Administrative AgentAgent most recently designated by it for such purpose by notice to the Lenders. Such borrowing The Administrative Agent will then be made make such Revolving Loans available to the Borrower or by promptly crediting the relevant Subsidiary amounts so received, in like funds, to an account of the Borrower maintained with the Administrative Agent in New York City and designated by the Borrower in the applicable borrowing notice; provided that Base Rate Revolving Loans made to finance the reimbursement of an LC Disbursement as provided shall be remitted by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent in writing with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative AgentIssuing Bank.

Appears in 1 contract

Samples: Credit Agreement (Riverbed Technology, Inc.)

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary Borrower may borrow under the Revolving Commitments during the Revolving Commitment Availability Period on any Business Day, ; provided that the Borrower or the relevant Subsidiary Borrower shall give the Administrative Agent irrevocable notice substantially in the form of Exhibit B-1 (which notice must be received by the Administrative Agent prior to (a) prior to 12:00 Noon, 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 12:00 Noon, New York City time, (i) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Eurodollar Loans, or (bii) 12:00 Noon, New York City Time, on one (1) Business Day prior to the date of the proposed borrowingrequested Borrowing Date, in the case of ABR Base Rate Loans) (provided that any such notice of a borrowing of ABR Base Rate Loans under the Revolving Facility to finance payments required by to be made pursuant to Section 3.5 may be given not later than 12:00 Noon, New York City time, on the date of the proposed borrowing), specifying (ix) the amount and Type of Revolving Loans to be borrowed, (iiy) the requested Borrowing Date and (iiiz) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto Loan and the respective lengths of the initial Interest Period therefor. If no election as to ; provided that Revolving Loans made on the Type of a Revolving Loan is specified in any such notice, then Closing Date and during the requested borrowing first thirty (30) days following the Closing Date that are Eurodollar Loans shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one (1) month’s duration. Each borrowing 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, $5,000,000 1,000,000 or a whole multiple of $1,000,000 100,000 in excess thereof; provided, that (x) the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Base Rate Loans in other amounts pursuant to Section 2.73.4 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 or any Subsidiary 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 or the relevant Subsidiary Borrower at the Funding Office prior to 2:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made The Administrative Agent shall make the proceeds of such Revolving Loan available to the Borrower or the relevant Subsidiary Borrower on such Borrowing Date by wire transfer of immediately available funds to a bank account designated in writing by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent in writing with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Microsemi Corp)

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, ; provided that the Borrower or the relevant Subsidiary Borrower shall give the Administrative Agent an irrevocable notice Notice of Borrowing (which notice must be received by the Administrative Agent prior to 12:00 P.M. (a) 12:00 Noon, New York City time, three (3) U.S. Government Securities 39 Business Days prior to the requested Borrowing Date, in the case of Eurocurrency SOFR Loans, or (b) 12:00 Noon, New York City Time, on one (1) Business Day prior to the date of the proposed borrowingrequested Borrowing Date, in the case of ABR Loans) (provided that any such notice Notice of a borrowing Borrowing of ABR Loans under the Revolving Facility to finance payments required by under Section 3.5 3.5(a) may be given not later than 12:00 Noon, New York City time, P.M. on the date of the proposed borrowing), in each such case specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and Date, (iii) in the case of Eurocurrency SOFR Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto and the respective lengths of the initial Interest Period therefor. If no election as , and (iv) instructions for remittance of the proceeds of the applicable Loans to the Type of a Revolving Loan is specified in any such notice, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollarsborrowed. If no Interest Period is specified with respect to any Eurocurrency Loan is specified in any such noticerequested SOFR Loan, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s duration. Unless otherwise agreed by the Administrative Agent in its sole discretion, no Revolving Loan may be made as, converted into or continued as a SOFR Loan having an Interest Period in excess of one month prior to the date that is 30 days after the Closing Date. Each borrowing 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, $5,000,000 or a whole multiple of $1,000,000 in excess thereof); provided, provided that the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7. Upon receipt of any such notice Notice of Borrowing from the Borrower or any Subsidiary 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 or the relevant Subsidiary Borrower at the Revolving Loan Funding Office prior to 2:00 P.M., New York City time, 12:00 P.M. on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower or the relevant Subsidiary Borrower by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify is designated in writing to the Administrative Agent in writing by the Borrower with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (CrowdStrike Holdings, Inc.)

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower or the relevant Subsidiary Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to (a) 12:00 Noon, New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Eurodollar Loans, or (b) 12:00 Noon, New York City Time, on one Business Day prior to the date of the proposed borrowingrequested Borrowing Date, in the case of ABR Base Rate Loans, and (c) three Business Days prior to the requested Borrowing Date, in the case of Alternate Currency Loans) (provided that any such notice of a borrowing of ABR Base Rate Loans under the Revolving Facility to finance payments required by to be made pursuant to Section 3.5 may be given not later than 12:00 Noon10:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and Date, (iii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto Loan and the respective lengths of the initial Interest Period therefortherefore and (iv) whether such Revolving Loans are to be denominated in Dollars or an Alternate Currency, and if an Alternate Currency, which Alternate Currency; provided, that , the Borrower shall not have the right to request Revolving Loans in an Alternate Currency to accrue interest at the Base Rate. If no election as Unless the Administrative Agent shall have consented to making Eurodollar Loans, the Type of a Revolving Loans made on the Closing Date shall initially be Base Rate Loans. No Revolving Loan is specified in any such noticemay be made as, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower converted into or the relevant Subsidiary Borrower shall be deemed to have requested continued as a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Eurodollar Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected having an Interest Period in excess of one month’s durationmonth prior to the date that is 30 days after the Closing Date. Each borrowing 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 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, $5,000,000 1,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof; provided, that (x) the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Base Rate Loans in other amounts pursuant to Section 2.73.4 and (y) borrowings of Base Rate Loans pursuant to Section 3.12 shall not be subject to the foregoing minimum amounts. Upon receipt of any such notice from the Borrower or any Subsidiary 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 or the relevant Subsidiary Borrower at the Funding Office prior to 2:00 P.M.12:00 Noon, New York City time, with respect to Dollar Loans, and prior to 12:00 Noon, London time, with respect to Alternate Currency Loans, in each case 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 or the relevant Subsidiary Borrower by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account as on the Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent in writing Borrowing Date with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Valassis Communications Inc)

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business DayDay (provided that the Borrower shall not borrow in reliance on the Original Revolving Commitments unless after giving effect thereto the Available Amended Revolving Commitments of all Lenders shall be zero), provided that the Borrower or the relevant Subsidiary Borrower shall give the Administrative Agent irrevocable notice notice, substantially in the form of Annex D to the Amendment Agreement (which notice must be received by the Administrative Agent prior to (a) 12:00 Noon, New York City time, three Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Eurodollar Loans, or (b) 12:00 Noon10:00 A.M., New York City Timetime, on or prior to the date of same day as the proposed borrowingrequested 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 12:00 Noon, New York City time, on the date of the proposed borrowing), specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto Loan and the respective lengths of the initial Interest Period therefor. If no election as to the Type of a Revolving Loan is specified in any such notice, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each borrowing 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 thereof of $100,000 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, $5,000,000 1,000,000 or a whole multiple of $1,000,000 100,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7. Upon receipt of any such notice from the Borrower or any Subsidiary Borrower, the Administrative Agent shall promptly notify each Amended Revolving Lender (or, if applicable, Original Revolving Lender) thereof. Each Amended Revolving Lender (or, if applicable, Original 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 relevant Subsidiary Borrower at the Funding Office prior to 2:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower or the relevant Subsidiary Borrower by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent in writing with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Amendment Agreement (National Mentor Holdings, Inc.)

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, ; provided that the Borrower or the relevant Subsidiary Borrower shall give the Administrative Agent irrevocable written notice pursuant to a Borrowing Notice (which notice must be received by the Administrative Agent (i) in the case of Term SOFR Loans, prior to (a) 12:00 Noon, New York City time, three Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Loans, Date or (bii) 12:00 Noon, New York City Time, on the date of the proposed borrowing, in the case of ABR Loans) (provided that any such notice of a borrowing of ABR Loans under the Revolving Facility , prior to finance payments required by Section 3.5 may be given not later than 12:00 Noon, New York City time, on the date of the proposed borrowingBorrowing Date), specifying (ix) the amount and Type of Revolving Loans to be borrowed, (iiy) the requested Borrowing Date and (iiiz) in the case of Eurocurrency Term SOFR Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto Loan and the respective lengths of the initial Interest Period therefor. If no election as to the Type of a Revolving Loan is specified in any such notice; provided, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such noticefurther, then that if the Borrower or the relevant Subsidiary Borrower shall be deemed wishes to have requested a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected request Term SOFR Loans having an Interest Period other than one, three or six months in duration as provided in the definition of one month’s duration“Interest Period,” the applicable notice must be received by the Administrative Agent not later than 11:00 a.m., New York City time, four Business Days prior to the requested date of such Borrowing, whereupon the Administrative Agent shall give prompt notice to the Revolving Lenders of such request and determine whether the requested Interest Period is acceptable to all of them. 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 SOFR Loans, $5,000,000 1,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7. Upon receipt of any such notice from the Borrower or any Subsidiary Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereofthereof and, in the case of a Borrowing requested pursuant to the second proviso to the first sentence of this Section 2.5, determine whether the requested Interest Period is acceptable to all of them. Not later than 11:00 a.m., New York City time, three Business Days before the requested date of any Borrowing requested pursuant to the second proviso to the first sentence of this Section 2.5, the Administrative Agent shall notify the Borrower (which notice may be by telephone) whether or not the requested Interest Period has been consented to by all of the Revolving Lenders and the Administrative Agent. 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 relevant Subsidiary Borrower at the Funding Office prior to 2:00 11:00 A.M. (or, in the case of ABR Loans being made pursuant to a notice delivered on the proposed Borrowing Date, 3:00 P.M.), New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower or the relevant Subsidiary Borrower by the Administrative Agent crediting the account of designated in writing by the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent in writing with the aggregate of the amounts made available to the Administrative Agent by the such Revolving Lenders and in like funds as received by the Administrative Agent.. If no election as to the Type of a Revolving Loan is specified, then the requested Loan shall be an ABR Loan. If no Interest Period is specified with respect to any requested Term SOFR Loan, the Borrower shall be deemed to have selected an Interest Period of one month’s duration. 2.6 [Reserved]. 2.7

Appears in 1 contract

Samples: Credit Agreement (Booz Allen Hamilton Holding Corp)

Procedure for Revolving Loan Borrowing. (a) The Borrower and any Subsidiary Borrower may borrow up to the Available Revolving Commitment under the Revolving Commitments during the Revolving Commitment Period on any Business Day; provided, provided that the Borrower or the relevant Subsidiary Borrower shall give the Administrative Agent irrevocable written notice (which notice must be received by the Administrative Agent prior to 12:00 Noon, Eastern time, (a) 12:00 Noon, New York City time, three (3) Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Eurodollar Loans, or (b) 12:00 Noon, New York City Time, on one (1) Business Day prior to the date of the proposed borrowingrequested Borrowing Date, in the case of ABR LoansLoans (in each case, with originals to follow within thirty (30) days)) (provided provided, that any such notice Notice of a borrowing Borrowing of ABR Loans under the Revolving Facility to finance payments required by under Section 3.5 3.5(a) may be given not later than 12:00 Noon, New York City Eastern time, on the date of the proposed borrowing), specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and Date, (iii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto Loan and the respective lengths of the initial Interest Period therefor, and (iv) instructions for remittance of the proceeds of the applicable Revolving Loans to be borrowed. If no election as to the Type type of a Revolving Loan is specified in any such noticethe Notice of Borrowing, then the requested borrowing loan on the Borrowing Date shall be an ABR Loan. If , and if no Currency with respect election as to any Eurocurrency the duration of the Interest Period for Eurodollar Loans is specified in any such noticethe Notice of Borrowing, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one (1) month’s duration. 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 (1) month prior to the date that is thirty (30) days after the Closing Date. Each borrowing under the Revolving Commitments shall be in an amount equal to (x) to, in the case of ABR Loans, $1,000,000 or a whole multiple of $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, $5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7). Upon receipt of any such notice Notice of Borrowing from the Borrower or any Subsidiary 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 or the relevant Subsidiary Borrower at the Revolving Loan Funding Office prior to 2:00 P.M.12:00 Noon, New York City Eastern time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such Upon receipt of the requested funds, the Administrative Agent will make such borrowing will then be made available to the Borrower or the relevant Subsidiary Borrower by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify is designated in writing to the Administrative Agent in writing by the Borrower with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative AgentAgent or, if so specified in the Notice of Borrowing (or any attachment thereto), the Administrative Agent shall wire transfer all or a portion of such aggregate amounts in accordance with the wire instructions specified in the Notice of Borrowing (or any attachment thereto).

Appears in 1 contract

Samples: Credit Agreement (Gerson Lehrman Group, Inc.)

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower or the relevant Subsidiary Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to (a) 12:00 Noon, New York City time, time three Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Eurodollar Loans, or (b) 12:00 Noon10:00 a.m., New York City Timetime, on the date of the proposed borrowingrequested Borrowing Date, in the case of ABR Loans) (provided that any such notice of a borrowing of Revolving Loans that are ABR Loans under the Revolving Facility to finance payments required by Section 3.5 may must be given not later than 12:00 Noon10:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto Loan and the respective lengths of the initial Interest Period therefor. If no election as to the Type of a Revolving Loan is specified in any such notice, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each borrowing 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 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, $5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7. Upon receipt of any such notice from the Borrower or any Subsidiary 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 or the relevant Subsidiary Borrower at the Funding Office prior to 2:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower or the relevant Subsidiary Borrower by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent in writing with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (TTM Technologies Inc)

Procedure for Revolving Loan Borrowing. The Each Borrowing of a Revolving Loan shall be made upon Borrower and Representative’s irrevocable written notice delivered to Agent substantially in the form of a Notice of Borrowing or in a writing in any Subsidiary Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Dayother form acceptable to Agent, provided that the Borrower or the relevant Subsidiary Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 2:00 p.m. (ai) 12:00 Noon, New York City time, three on the date which is two Business Days prior to the requested Borrowing Date, date in the case of Eurocurrency Loanseach LIBOR Rate Loan, or (bii) 12:00 Noon, New York City Time, on the date of which is one Business Day prior to the proposed borrowing, requested Borrowing date in the case of ABR Loanseach Base Rate Loan, and (iii) (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 12:00 Noon, New York City time, on the requested Borrowing date in the case of the proposed borrowing), specifying each Swing Loan. Such Notice of Borrowing shall specify: (ia) the amount and Type of Revolving Loans to the Borrowing, which shall not be borrowedless than $50,000, in the aggregate; (iib) the requested Borrowing Date date, which shall be a Business Day; (c) whether the Borrowing is to be comprised of LIBOR Rate Loans or Base Rate Loans; and (iiid) in if the case of Eurocurrency Borrowing is to be LIBOR Rate Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto and the respective lengths of the initial Interest Period therefor. If no election as applicable to the Type of a Revolving Loan is specified in any such notice, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each borrowing 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 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, $5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7. Upon receipt of any such notice from the Borrower or any Subsidiary Borrowera Notice of Borrowing, the Administrative Agent shall will promptly notify each Revolving Lender thereof. Each Revolving Lender will make of such Notice of Borrowing and of the amount of its pro rata share such Lender’s Commitment Percentage of the Borrowing. Unless Agent is otherwise directed in writing by Borrower Representative, the proceeds of each borrowing available to requested Borrowing after the Administrative Agent for the account of the Borrower or the relevant Subsidiary Borrower at the Funding Office prior to 2:00 P.M., New York City time, on the Borrowing Closing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower or the relevant Subsidiary Borrower Borrowers by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary Borrower on the books by wire transfer of such office amount to Borrowers pursuant to the wire transfer instructions specified on Schedule 10.02 or such other account as the Borrower or relevant Subsidiary Borrower Representative may specify to the Administrative Agent in writing with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agentdesignate.

Appears in 1 contract

Samples: Credit Agreement (Symmetry Surgical Inc.)

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary Borrower may borrow under the Revolving Commitments during the Revolving Commitment Availability Period on any Business Day, ; provided that the Borrower or the relevant Subsidiary Borrower shall give the Administrative Agent irrevocable notice substantially in the form of Exhibit B-1 (which notice must be received by the Administrative Agent prior to (a) prior to 12:00 Noon, New York City time, on the anticipated Restatement Date for any Revolving Loans requested to be made on the Restatement Date and (b) for any Revolving Loans requested to be made after the Restatement Date, prior to 12:00 Noon, New York City time, (i) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Eurodollar Loans, or (bii) 12:00 Noon, New York City Time, on one (1) Business Day prior to the date of the proposed borrowingrequested Borrowing Date, in the case of ABR Base Rate Loans) (provided that any such notice of a borrowing of ABR Base Rate Loans under the Revolving Facility to finance payments required by to be made pursuant to Section 3.5 may be given not later than 12:00 Noon, New York City time, on the date of the proposed borrowing), specifying (ix) the amount and Type of Revolving Loans to be borrowed, (iiy) the requested Borrowing Date and (iiiz) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto Loan and the respective lengths of the initial Interest Period therefor. If no election as to the Type of a Revolving Loan is specified in any such notice, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each borrowing 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, $5,000,000 1,000,000 or a whole multiple of $1,000,000 100,000 in excess thereof; provided, that (x) the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Base Rate Loans in other amounts pursuant to Section 2.73.4 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 or any Subsidiary 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 or the relevant Subsidiary Borrower at the Funding Office prior to 2:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made The Administrative Agent shall make the proceeds of such Revolving Loan available to the Borrower or the relevant Subsidiary Borrower on such Borrowing Date by wire transfer of immediately available funds to a bank account designated in writing by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent in writing with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Microsemi Corp)

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary (a) Each Borrower may borrow Dollar 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 Borrower or the relevant Subsidiary such Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to (a) prior to 12:00 Noon, New York City time, three Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Eurodollar Loans, or (b) 12:00 Noon, New York City Time, on the date of the proposed borrowing, in the case of ABR Loans) (provided that any such notice of a borrowing of ABR Loans under the Revolving Facility prior to finance payments required by Section 3.5 may be given not later than 12:00 Noon, New York City time, on the date requested Borrowing Date, in the case of the proposed borrowingABR Loans), specifying (i) the amount and the Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto Loan and the respective lengths of the initial Interest Period therefor. If no election as to the Type Each such borrowing of a Dollar Revolving Loan is specified in any such notice, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each borrowing 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 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, $5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender Lenders and the Issuing Lenders may request, on behalf of the Borrower or any Subsidiary applicable Borrower, borrowings of Dollar Revolving Loans under the Revolving Commitments that are ABR Loans (or, in the case of LIBOR Swingline Loans, Eurodollar Loans) in other amounts pursuant to Section 2.72.9(c) and the proviso of Section 3.5, respectively. Upon receipt of any such notice of borrowing under the Revolving Facility from the Borrower or any Subsidiary 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 such borrowing of Dollar Revolving Loans available to the Administrative Agent for the account of the Borrower or the relevant Subsidiary such Borrower at the Domestic Funding Office prior to 2:00 P.M.p.m., New York City time, on the Borrowing Date requested by such Borrower or requested by a Swingline Lender or an Issuing Lender on behalf of the applicable Borrower as contemplated by the second preceding sentence in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower or the relevant Subsidiary such Borrower by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary such Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent in writing with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Collateral Agreement (Tenneco Inc)

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary A Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that (a) with respect to US Revolving Loans, the Parent Borrower or the relevant Subsidiary Borrower, as the case may be, shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 10:00 A.M., on the Closing Date for Loans requested to be made on the Closing Date, three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans or one Business Day prior to the requested Borrowing Date, in the case of ABR Loans), specifying (i) the amount and Type of US Revolving Loans to be borrowed, (ii) the requested Borrowing Date, and (iii) in the case of Eurodollar Loans, the length of the initial Interest Period and (b) with respect to Canadian Revolving Loans, the Canadian Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to (a) 12:00 Noon10:00 A.M., New York City timeon the Closing Date for Loans requested to be made on the Closing Date, three Business Days prior to the requested Borrowing Date in the case of Eurodollar Loans, two Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Loans, Bankers’ Acceptances or (b) 12:00 Noon, New York City Time, on one Business Day prior to the date of the proposed borrowing, requested Borrowing Date in the case of ABR US Base Rate Loans and Canadian Prime Rate 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 12:00 Noon, New York City time, on the date of the proposed borrowing), specifying (i) whether such Canadian Revolving Loans shall be denominated in US Dollars or Canadian Dollars, (ii) the amount and Type of Canadian Revolving Loans to be borrowed, (iiiii) the requested Borrowing Date Date, (iv) whether the Revolving Loans to be borrowed shall be designated as Short-Term Borrowings and (iiiv) in the case of Eurocurrency LoansEurodollar Loans and Bankers’ Acceptances, the respective amounts of each such Type of Loan, the Currency with respect thereto and the respective lengths length of the initial Interest Period or Contract Period therefor. If no election as to the Type of a Revolving Loan is specified in any such notice, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each borrowing under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans, $1,000,000 US$10,000,000 or C$10,000,000 or a whole multiple of US$1,000,000 or C$1,000,000 in excess thereof (or, if the then aggregate Available Revolving Commitments are less than $1,000,000US$10,000,000, such lesser amount) and amount (y) in or the case of Eurocurrency Loans, $5,000,000 or a whole multiple of $1,000,000 in excess Canadian Dollar Equivalent thereof); provided, that the each Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans, US Base Rate Loans or Canadian Prime Rate Loans in other amounts pursuant to Section 2.72.9. Upon receipt of any such notice from the Borrower or any Subsidiary relevant 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 or the relevant Subsidiary Borrower at the relevant Funding Office prior to 2:00 P.M., New York City time12:00 Noon, 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 or the relevant Subsidiary such Borrower by the Administrative Agent crediting the an account of the Borrower or as directed by the relevant Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent in writing with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent. Each Revolving Lender shall make available to the Canadian Borrower Bankers’ Acceptance borrowings during the Revolving Commitment Period, in accordance with and pursuant to the procedures set forth in Section 2.6.

Appears in 1 contract

Samples: Credit Agreement (Domtar CORP)

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower or the relevant Subsidiary Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to (a) 12:00 Noon, New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Eurodollar Loans, or (b) 12:00 Noon, New York City Time, on one Business Day prior to the date of the proposed borrowingrequested 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 12:00 Noon, New York City time, on the date of the proposed borrowing), specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto and the respective lengths of the initial Interest Period therefor. If no election as to Any Revolving Loans made on the Type of a Revolving Loan is specified in any such notice, then the requested borrowing Closing Date shall initially be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s durationLoans. Each borrowing 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, $5,000,000 or a whole multiple of $1,000,000 in excess thereof); provided, that the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7. Upon receipt of any such notice from the Borrower or any Subsidiary 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 or the relevant Subsidiary Borrower at the Funding Office prior to 2:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower or the relevant Subsidiary Borrower by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent in writing with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (M & F Worldwide Corp)

Procedure for Revolving Loan Borrowing. (a) The Borrower and any Subsidiary Canadian Borrower may borrow under the Canadian Borrower Revolving Commitments during the Canadian Borrower Revolving Commitment Period on any Business Day, provided that the Borrower or the relevant Subsidiary Canadian Borrower shall give deliver to the Administrative Agent an irrevocable notice Notice of Borrowing (which notice must be received by the Administrative Agent prior to (a) 12:00 Noon, New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Eurodollar Loans, or (b) 12:00 Noon, New York City Time, on at least one Business Day prior to the date of the proposed borrowingrequested 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 12:00 Noon, New York City time, on the date of the proposed borrowing), specifying (i) the amount and Type of Canadian Borrower Revolving Loans to be borrowed, (ii) the requested Borrowing Date and Date, (iii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto Loan and the respective lengths of the initial Interest Period therefortherefor and (iv) instructions for remittance of the applicable Loans to be borrowed. If no election as Each request by the Canadian Borrower to the Type of a borrow Canadian Borrower Revolving Loan is specified in any such notice, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower hereunder shall be deemed to have be a representation and warranty by the Canadian Borrower that, after giving effect to such borrowing on the requested Borrowing Date, the aggregate amount of the Canadian Borrower Revolving Extensions of Credit of the Lenders then outstanding shall not exceed the Canadian Borrower Borrowing Base. Unless otherwise agreed by the Administrative Agent in its sole discretion, no Canadian Borrower Revolving Loan may be made as, converted into or continued as a borrowing in Dollars. If no Interest Period with respect Eurodollar Loan prior to any Eurocurrency Loan the date that is specified in any such notice, then three weeks after the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s durationClosing Date. Each borrowing under the Canadian Borrower 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 Canadian Borrower Revolving Commitments of the Lenders are less than $1,000,000500,000, such lesser amount) and (y) in the case of Eurocurrency Eurodollar Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7. Upon receipt of any such notice Notice of Borrowing from the Borrower or any Subsidiary Canadian Borrower, the Administrative Agent shall promptly notify each Canadian Borrower Revolving Lender thereof. Each Canadian Borrower 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 relevant Subsidiary Canadian Borrower at the Funding Office prior to 2:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the Canadian Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower or the relevant Subsidiary Canadian Borrower by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify is designated in writing to the Administrative Agent in writing by the Canadian Borrower, with the aggregate of the amounts made available to the Administrative Agent by the Canadian Borrower Revolving Lenders and in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Dollar Financial Corp)

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary A Borrower may borrow under -------------------------------------- the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower or the relevant Subsidiary such Borrower shall give the Administrative Agent irrevocable -------- notice (which notice must be received by the Administrative Agent prior to 11:00 A.M., Local Time, (a) 12:00 Noon, New York City time, three Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Loans, or (b) 12:00 Noon, New York City Time, on one Business Day prior to the date of the proposed borrowingrequested 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 12:00 Noon10:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of any Eurocurrency Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto currency thereof and the respective lengths length of the initial Interest Period therefor. If no election as to the Type of a Revolving Loan is specified in any such notice, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each borrowing 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 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, the equivalent of $5,000,000 2,000,000 or a whole multiple of the equivalent of $1,000,000 in excess thereofthereof (or comparable amounts of any relevant Optional Currency, as determined from time to time by the Administrative Agent); provided, that the Swingline Lender may request, on -------- behalf of the Borrower or any Subsidiary a Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.72.4. Upon receipt of any such notice from the Borrower or any Subsidiary 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 Borrower or the relevant Subsidiary such Borrower at the Funding Office prior to 2:00 P.M.12:00 Noon, New York City time (or in the case of Eurocurrency Loans, prior to 12:00 Noon, London 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 or the relevant Subsidiary such Borrower by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary such Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent in writing with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Aeroflex Inc)

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary A Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that (a) with respect to US Revolving Loans, the Parent Borrower or the relevant Subsidiary Borrower, as the case may be, shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 10:00 A.M., on the Closing Date for Loans requested to be made on the Closing Date, three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans or one Business Day prior to the requested Borrowing Date, in the case of ABR Loans), specifying (i) the amount and Type of US Revolving Loans to be borrowed, (ii) the requested Borrowing Date, and (iii) in the case of Eurodollar Loans, the length of the initial Interest Period and (b) with respect to Canadian Revolving Loans, the Canadian Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to (a) 12:00 Noon10:00 A.M., New York City timeon the Closing Date for Loans requested to be made on the Closing Date, three Business Days prior to the requested Borrowing Date in the case of Eurodollar Loans, two Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Loans, Bankers’ Acceptances or (b) 12:00 Noon, New York City Time, on one Business Day prior to the date of the proposed borrowing, requested Borrowing Date in the case of ABR US Base Rate Loans and Canadian Prime Rate 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 12:00 Noon, New York City time, on the date of the proposed borrowing), specifying (i) whether such Canadian Revolving Loans shall be denominated in US Dollars or Canadian Dollars, (ii) the amount and Type of Canadian Revolving Loans to be borrowed, (iiiii) the requested Borrowing Date Date, (iv) whether the Revolving Loans to be borrowed shall be designated as Short-Term Borrowings and (iiiv) in the case of Eurocurrency LoansEurodollar Loans and Bankers’ Acceptances, the respective amounts of each such Type of Loan, the Currency with respect thereto and the respective lengths length of the initial Interest Period or Contract Period therefor. If no election as to the Type of a Revolving Loan is specified in any such notice, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each borrowing under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans, $1,000,000 US$10,000,000 or C$10,000,000 or a whole multiple of US$1,000,000 or C$1,000,000 in excess thereof (or, if the then aggregate Available Revolving Commitments are less than $1,000,000US$10,000,000, such lesser amount) and amount (y) in or the case of Eurocurrency Loans, $5,000,000 or a whole multiple of $1,000,000 in excess Canadian Dollar Equivalent thereof); provided, that the each Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans, US Base Rate Loans or Canadian Prime Rate Loans in other amounts pursuant to Section 2.72.9. Upon receipt of any such notice from the Borrower or any Subsidiary relevant 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 or the relevant Subsidiary Borrower at the relevant Funding Office prior to 2:00 P.M., New York City time12:00 Noon, 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 or the relevant Subsidiary such Borrower by the Administrative Agent crediting the an account of the Borrower or as directed by the relevant Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent in writing with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent. Each Revolving Lender shall make available to the Canadian Borrower Bankers’ Acceptance borrowings during the Revolving Commitment Period, in accordance with and pursuant to the procedures set forth in Section 2.6. Notwithstanding the foregoing, if after giving effect to any proposed Revolving Loan, the amount of the Total Revolving Extensions of Credit (other than Swingline Loans) would equal or exceed the Total Revolving Commitments less the aggregate of all Swingline Commitments, then: (a) the time for notice to request such proposed Revolving Loan shall (unless otherwise determined by the Administrative Agent in its sole discretion) be increased by one additional Business Day and (b) together with delivery of such notice of proposed Revolving Loan, a Responsible Officer of the relevant Borrower shall certify to the Administrative Agent and the Swingline Lenders in writing that, after giving effect to such Revolving Loan, the amount of the Total Revolving Extensions of Credit (including all outstanding Swingline Loans by way of account overdraft or otherwise) shall not exceed the Total Revolving Commitments.

Appears in 1 contract

Samples: Credit Agreement (Domtar CORP)

Procedure for Revolving Loan Borrowing. (a) The Borrower and any Subsidiary Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower or the relevant and such Subsidiary Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent (i) prior to (a) 12:00 Noon11:00 A.M., New York City time, three Business Days prior to the requested Revolving Borrowing Date, in the case of Eurocurrency Eurodollar Loans, or (bii) 12:00 Noon, New York City Time, on the date of the proposed borrowing, in the case of ABR Loans) (provided that any such notice of a borrowing of ABR Loans under the Revolving Facility prior to finance payments required by Section 3.5 may be given not later than 12:00 Noon, New York City time, on the date same Business Day as the requested Revolving Borrowing Date, in the case of the proposed borrowingABR Loans), specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Revolving Borrowing Date and (iii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto Revolving Loan and the respective lengths of the initial Interest Period therefor. If no election as to the Type of a Revolving Loan is specified in any such notice, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each borrowing 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 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, $5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower or any the relevant Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7. Upon receipt of any such notice from the Borrower or any the relevant Subsidiary 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 or the relevant Subsidiary Borrower at the Funding Office prior to 2:00 P.M.12:00 Noon, New York City time, on the Revolving Borrowing Date requested by the Borrower or the relevant Subsidiary Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower or the relevant Subsidiary Borrower by the Administrative Agent crediting the account of the Borrower or the relevant such Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent in writing with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Synopsys Inc)

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided PROVIDED that the Borrower or the relevant Subsidiary Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to (a) 12:00 Noon, New York City time, (a) at least three Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Eurodollar Loans, or (b) 12:00 Noon, New York City Time, on at least one Business Day prior to the date of the proposed borrowingrequested 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 12:00 Noon, New York City time, on the date of the proposed borrowing), specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto Loan and the respective lengths of the initial Interest Period therefor. If Any Revolving Loans made on the Closing Date shall initially be ABR Loans and no election Revolving Loans may be made as, converted into or continued as a Eurodollar Loan prior to the Type of a Revolving Loan is specified in any such noticeDecember 8, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s duration1999. Each borrowing 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 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, $5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7. Upon receipt of any such notice from the Borrower or any Subsidiary Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata PRO RATA share of each borrowing available to the Administrative Agent for the account of the Borrower or the relevant Subsidiary Borrower at the Funding Office prior to 2:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower or the relevant Subsidiary Borrower by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent in writing with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Claires Stores Inc)

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, ; provided that the Borrower or the relevant Subsidiary Borrower shall give the Administrative Agent irrevocable notice by facsimile or telephone (promptly confirmed by facsimile) (which notice must be received by the Administrative Agent prior to (a) 12:00 Noon11:00 A.M., New York City time, (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Eurodollar Loans, or (b) 12:00 Noon, New York City Time, on one (1) Business Day prior to the date of the proposed borrowingrequested 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 12:00 Noon10:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and Date, (iii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto Loan and the respective lengths of the initial Interest Period therefortherefor and (iv) the account of the Borrower to which such Loans shall be credited. If Any Revolving Loans made on the Restatement Effective Date shall initially be ABR Loans and, unless otherwise agreed by the Administrative Agent in its sole discretion, no election as to the Type of a Revolving Loan is specified in any such noticemay be made as, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower converted into or the relevant Subsidiary Borrower shall be deemed to have requested continued as a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Eurodollar Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected having an Interest Period in excess of one month’s durationmonth prior to the date that is 60 days after the Restatement Effective Date. Each borrowing 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, $5,000,000 or a whole multiple of $1,000,000 the amounts specified in excess thereofSection 2.14; provided, provided that the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7. Upon receipt of any such notice from the Borrower or any Subsidiary 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 or the relevant Subsidiary Borrower at the Funding Office prior to 2:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower or the relevant Subsidiary Borrower by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary Borrower on the books of specified in such office or such other account as the Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent in writing notice with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Leucadia National Corp)

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower or the relevant Subsidiary Borrower shall give the Administrative Agent an irrevocable notice of borrowing in the form of Exhibit L-2 hereto (which notice must be received by the Administrative Agent prior to (a) 12:00 Noon, New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Eurodollar Loans, or (b) 12:00 Noon, New York City Time, on one Business Day prior to the date of the proposed borrowingrequested Borrowing Date, in the case of ABR Base Rate Loans) (provided that any such notice of a borrowing of ABR Base Rate Loans under the Revolving Facility to finance payments required by to be made pursuant to Section 3.5 3.3 may be given not later than 12:00 Noon10:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto Revolving Loan and the respective lengths of the initial Interest Period therefor. If Any Revolving Loans made on the Original Closing Date shall initially be Base Rate Loans and, unless otherwise agreed by the Administrative Agent in its sole discretion, no election as to the Type of a Revolving Loan is specified in any such noticemay be made as, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower converted into or the relevant Subsidiary Borrower shall be deemed to have requested continued as a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Eurodollar Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected having an Interest Period in excess of one month’s durationmonth prior to the date that is three days after the Original Closing Date. Each borrowing 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, $5,000,000 100,000 or a whole multiple of $1,000,000 100,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7. Upon receipt of any such notice from the Borrower or any Subsidiary 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 or the relevant Subsidiary Borrower at the Funding Office prior to 2:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower or the relevant Subsidiary Borrower by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent in writing with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent. Not more than $15,000,000 of Revolving Loans were made on the Original Closing Date.

Appears in 1 contract

Samples: Credit Agreement (Muzak Holdings LLC)

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, ; provided that the Borrower or the relevant Subsidiary Borrower shall give the Administrative Agent an irrevocable notice Notice of Borrowing (which notice must be received by the Administrative Agent prior to 10:00 A.M. (a) 12:00 Noon, New York City time, three 3 U.S. Government Securities Business Days prior to the requested Borrowing Date, in the case of Eurocurrency SOFR Loans, or (b) 12:00 Noon, New York City Time, on 1 Business Day prior to the date of the proposed borrowingrequested Borrowing Date, in the case of ABR Loans) (provided that any such notice Notice of a borrowing Borrowing of ABR Loans under the Revolving Facility to finance payments required by under Section 3.5 3.5(a) may be given not later than 12:00 Noon, New York City time, 10:00 A.M. on the date of the proposed borrowing), in each such case specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and Date, (iii) in the case of Eurocurrency Loans, the respective amounts of each such Type of LoanLoan and in the case of SOFR Loans, the Currency with respect thereto and the respective lengths of the initial Interest Period therefor. If no election as , and (iv) instructions for remittance of the proceeds of the applicable Loans to the Type of a Revolving Loan is specified in any such notice, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollarsborrowed. If no Interest Period is specified with respect to any Eurocurrency Loan is specified in any such noticerequested SOFR Loan, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each borrowing 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, $5,000,000 or a whole multiple of $1,000,000 in excess thereof); provided, provided that the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7. Upon receipt of any such notice Notice of Borrowing from the Borrower or any Subsidiary 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 or the relevant Subsidiary Borrower at the Revolving Loan Funding Office prior to 2:00 P.M., New York City time, 10:00 A.M. on the Borrowing Date requested by the Borrower in funds immediately available funds to the Administrative Agent. Such borrowing will then be made available to the Borrower or the relevant Subsidiary Borrower by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify is designated in writing to the Administrative Agent in writing by the Borrower with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative AgentAgent or, if so specified in the Flow of Funds Agreement, the Administrative Agent shall wire transfer all or a portion of such aggregate amounts in accordance with the wire instructions specified for such purpose in the Flow of Funds Agreement.

Appears in 1 contract

Samples: Credit Agreement (Stitch Fix, Inc.)

Procedure for Revolving Loan Borrowing. (a) The Borrower and any Subsidiary 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 Borrower or the relevant Subsidiary Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to (a) prior to 12:00 Noon, New York City time, three Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Term Benchmark Loans, or (b) 12:00 Noon, New York City Time, on the date of the proposed borrowing, in the case of ABR Loans) (provided that any such notice of a borrowing of ABR Loans under the Revolving Facility prior to finance payments required by Section 3.5 may be given not later than 12:00 Noon, New York City time, on one Business Day prior to the date requested Borrowing Date, in the case of the proposed borrowingABR Loans), specifying (i) the amount and the Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurocurrency Term Benchmark Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto and the respective lengths of the initial Interest Period therefor. If no election as to the Type of a Revolving Loan is specified in any such noticeBorrowing request requests a LIBO Rate Loan or a Term Benchmark Loan but does not specify an Interest Period, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each such borrowing 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 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, $5,000,000 1,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7respectively. Upon receipt of any such notice of borrowing under the Revolving Facility from the Borrower or any Subsidiary 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 such borrowing of Revolving Loans available to the Administrative Agent for the account of the Borrower or the relevant Subsidiary Borrower at the Domestic Funding Office prior to 2:00 P.M.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 or the relevant Subsidiary Borrower by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent in writing with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Taboola.com Ltd.)

Procedure for Revolving Loan Borrowing. The Borrower Subject to the -------------------------------------- provisions of Section 2.2, above, and any Subsidiary Section 2.8, below, Borrower may borrow under the request that Lender make Revolving Commitments during the Revolving Commitment Period Loans on any Business DayDay during the Borrowing Period; provided, provided however, that the Borrower or the relevant Subsidiary Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to (a) 12:00 Noonnotify Lender no later than -------- ------- 5:00 P.M., New York City time, three five Business Days prior to the requested Borrowing Date, in specifying the case of Eurocurrency Loans, or (b) 12:00 Noon, New York City Time, on the date of the proposed borrowing, 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 12:00 Noon, New York City time, on the date of the proposed borrowing), specifying (i) the aggregate principal amount and Type of Revolving Loans to be borrowed, (ii) and the requested Borrowing Date Date. Each such notice shall be irrevocable and (iii) in the case confirmed by delivery to Lender of Eurocurrency Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto and the respective lengths of the initial Interest Period therefor. If no election as an originally executed Borrowing Request at least two Business Days prior to the Type of a Revolving Loan is specified in any such notice, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s durationBorrowing Date. Each borrowing under the Revolving Commitments Borrowing Request shall be in an a principal amount equal to (x) in the case of ABR Loans, $1,000,000 100,000 or a whole multiple 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, $5,000,000 or amount plus a whole multiple of $1,000,000 50,000 in excess thereof; provided. Subject to Section 9, that below, Lender shall fund each Revolving Loan as requested by Borrower in the Swingline Borrowing Request so long as, at the date of the Borrowing Request, the proceeds from such Revolving Loan are reasonably required by Borrower to achieve the projected growth of Borrower as set forth in the Business Plan. At any time after the fifth full Fiscal Quarter after the Closing Date, Lender may requestshall only fund each Revolving Loan as requested by Borrower in the Borrowing Request so long as, in addition to all other applicable conditions set forth in this Agreement, at the end of the Fiscal Quarter immediately preceding such Borrowing Request, Cumulative Restaurant EBITDA is at least equal to 75% of the projected Cumulative Restaurant EBITDA for such period as set forth in the Business Plan. Notwithstanding the foregoing, on the Closing Date, Lender shall make an initial Revolving Loan to Borrower in the principal amount of the Bridge Loan Pay-Off Amount, which amount shall be withheld and applied by Lender on behalf of the Borrower or any Subsidiary in satisfaction of all of Borrower, borrowings 's obligations under the Revolving Commitments that are ABR Loans in other amounts and pursuant to Section 2.7. Upon receipt of any such notice from the Borrower or any Subsidiary 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 or the relevant Subsidiary Borrower at the Funding Office prior to 2:00 P.M., New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower or the relevant Subsidiary Borrower by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent in writing with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative AgentBridge Loan.

Appears in 1 contract

Samples: Credit Agreement (Sizzler International Inc)

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary Provided that the Revolving Loan Commitment has not been terminated as provided in Section 3.02(a) below, during the Revolving Loan Commitment Period the Borrower may borrow under the Revolving Commitments during Loan Commitment by giving the Revolving Commitment Period on any Business Day, provided that the Borrower or the relevant Subsidiary Borrower shall give the Administrative Agent Lender irrevocable notice (which notice must be received by the Administrative Agent prior to (a) 12:00 Noon, New York City time, three Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Loans, or (b) 12:00 Noon, New York City Time, on the date of the proposed borrowing, in the case of ABR Loans) (provided that any such notice of a borrowing of ABR Loans under the request for a Revolving Facility to finance payments required by Section 3.5 may be given not later than 12:00 Noon, New York City time, on the date of the proposed borrowing), specifying Loan hereunder (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurocurrency Loans, the respective amounts Eurodollar Loans or Cost of each such Type of Loan, the Currency with respect thereto Funds Rate Loans two (2) Business Days before a proposed borrowing or continuation or conversion and the respective lengths of the initial Interest Period therefor. If no election as to the Type of a Revolving Loan is specified in any such notice, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each borrowing under the Revolving Commitments shall be in an amount equal to (xii) in the case of ABR LoansPrime Rate Loans on or before the date such borrowing or continuation or conversion is to be made but in no event more than five (5) Business Days before a proposed borrowing or continuation or conversion, $1,000,000 or a whole multiple thereof such irrevocable notice setting forth (orA) the amount of the Loan requested, if the then aggregate Available Revolving Commitments are which shall not be less than $1,000,000100,000, such lesser amount(B) the requested borrowing date or Interest Period commencement date, as the case may be, (C) whether the borrowing or Interest Period is to be for a Eurodollar Loan, Cost of Funds Rate Loan or a Prime Rate Loan or a combination thereof, and (D) if entirely or partially a Eurodollar Loan or Cost of Funds Rate Loan, the length of the Interest Period therefor, which shall be thirty (30), sixty (60) or ninety (90) days. As used in this Section 2.01(a), "conversion" shall mean the conversion from one interest rate to another interest rate as more fully described in Section 2.01(b) below. Such notice must be written (including, without limitation, via facsimile transmission) and shall be sufficient if received by 11:00 a.m. (yEastern Standard Time) in on the case of Eurocurrency Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, date on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7. Upon receipt of any which such notice from the Borrower or any Subsidiary Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereofis to be given. 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 relevant Subsidiary Borrower at the Funding Office prior to 2:00 P.M., New York City time, on the Borrowing Date requested Unless notification is otherwise furnished by the Borrower in funds immediately available to the Administrative AgentLender (in a manner consistent with the requirements of this Section 2.01 (a), Revolving Loans will be made by credits to the Borrower's demand deposit account maintained with the Lender. Such borrowing If the Borrower furnishes such notice but no election is made as to the type of Revolving Loan or the Interest Period to be applicable thereto, the Revolving Loan will automatically then be made available as a Prime Rate Loan until such required information is furnished pursuant to the Borrower or the relevant Subsidiary Borrower by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent in writing with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agentterms hereof.

Appears in 1 contract

Samples: Pharmaceutical Resources Inc

Procedure for Revolving Loan Borrowing. (a) The Borrower and any Subsidiary 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 Borrower or the relevant Subsidiary Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to (a) prior to 12:00 Noon, New York City time, three Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Term Benchmark Loans, or (b) 12:00 Noon, New York City Time, on the date of the proposed borrowing, in the case of ABR Loans) (provided that any such notice of a borrowing of ABR Loans under the Revolving Facility prior to finance payments required by Section 3.5 may be given not later than 12:00 Noon, New York City time, on one Business Day prior to the date requested Borrowing Date, in the case of the proposed borrowingABR Loans), specifying (i) the amount and the Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurocurrency Term Benchmark Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto and the respective lengths of the initial Interest Period therefor. If no election as to the Type of a Revolving Loan is specified in any such noticeBorrowing request requests a Term Benchmark Loan but does not specify an Interest Period, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each such borrowing 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 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, $5,000,000 1,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7respectively. Upon receipt of any such notice of borrowing under the Revolving Facility from the Borrower or any Subsidiary 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 such borrowing of Revolving Loans available to the Administrative Agent for the account of the Borrower or the relevant Subsidiary Borrower at the Domestic Funding Office prior to 2:00 P.M.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 or the relevant Subsidiary Borrower by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent in writing with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: 2 (Taboola.com Ltd.)

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, ; provided that the Borrower or the relevant Subsidiary Borrower shall give the Administrative Agent an irrevocable notice Notice of Borrowing (which notice must be received by the Administrative Agent prior to 12:00 P.M. (a) 12:00 Noon, New York City time, three (3) U.S. Government Securities Business Days prior to the requested Borrowing Date, in the case of Eurocurrency SOFR Loans, or (b) 12:00 Noon, New York City Time, on one (1) Business Day prior to the date of the proposed borrowingrequested Borrowing Date, in the case of ABR Loans) (provided that any such notice Notice of a borrowing Borrowing of ABR Loans under the Revolving Facility to finance payments required by under Section 3.5 3.5(a) may be given not later than 12:00 Noon, New York City time, P.M. on the date of the proposed borrowing), in each such case specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and Date, (iii) in the case of Eurocurrency SOFR Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto and the respective lengths of the initial Interest Period therefor. If no election as , and (iv) instructions for remittance of the proceeds of the applicable Loans to be borrowed; provided that such notice may be conditioned upon the effectiveness of other transactions, in which case such notice may be revoked or delayed at the discretion of the Administrative Agent, upon the Borrower’s written request on or prior to the Type of a Revolving Loan specified effective date if such condition is specified in any such notice, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollarsnot satisfied. If no Interest Period is specified with respect to any Eurocurrency Loan is specified in any such noticerequested SOFR Loan, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s duration. Unless otherwise agreed by the Administrative Agent in its sole discretion, no Revolving Loan may be made as, converted into or continued as a SOFR Loan having an Interest Period in excess of one month prior to the date that is 30 days after the Closing Date. Each borrowing 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, $5,000,000 or a whole multiple of $1,000,000 in excess thereof); provided, provided that the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7. Upon receipt of any such notice Notice of Borrowing from the Borrower or any Subsidiary 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 or the relevant Subsidiary Borrower at the Revolving Loan Funding Office prior to 2:00 P.M., New York City time, 12:00 P.M. on the Borrowing Date requested by the Borrower in funds immediately available Same Day Funds to the Administrative Agent. Such borrowing will then be made available to the Borrower or the relevant Subsidiary Borrower by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify is designated in writing to the Administrative Agent in writing by the Borrower with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative AgentAgent or, if so specified in the Flow of Funds Agreement, the Administrative Agent shall wire transfer or otherwise credit all or a portion of such aggregate amounts to SVB (for application against amounts then outstanding under the Existing SVB Credit Facility), in accordance with the wire instructions specified for such purpose in the Flow of Funds Agreement.

Appears in 1 contract

Samples: Credit Agreement (AdTheorent Holding Company, Inc.)

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, ; provided that the Borrower or the relevant Subsidiary Borrower shall give the Administrative Agent an irrevocable notice Notice of Borrowing (which notice must be received by the Administrative Agent prior to 10:00 A.M. (a) 12:00 Noon, New York City time, three (3) U.S. Government Securities Business Days prior to the requested Borrowing Date, in the case of Eurocurrency EurodollarSOFR Loans, or (b) 12:00 Noon, New York City Time, on 1 Business Day prior to the date of the proposed borrowingrequested Borrowing Date, in the case of ABR Loans) (provided that any such notice Notice of a borrowing Borrowing of ABR Loans under the Revolving Facility to finance payments required by under Section 3.5 3.5(a) may be given not later than 12:00 Noon, New York City time, 10:00 A.M. on the date of the proposed borrowing), in each such case specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and Date, (iii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of LoanLoan and in the case of SOFR Loans, the Currency with respect thereto 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. If Unless otherwise agreed by the Administrative Agent in its sole discretion, no election as to the Type of a Revolving Loan may be made as, converted into or continued as a Eurodollar Loan havingIf no Interest Period is specified in any such notice, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such noticerequested SOFR Loan, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period in excess of one (1 month prior to the date that is 30 days after the Closing Date) month’s duration. Each borrowing 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, $5,000,000 or a whole multiple of $1,000,000 in excess thereof); provided, provided that the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7. Upon receipt of any such notice Notice of Borrowing from the Borrower or any Subsidiary 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 or the relevant Subsidiary Borrower at the Revolving Loan Funding Office prior to 2:00 P.M., New York City time, 12:00 P.M.10:00 A.M. on the Borrowing Date requested by the Borrower in funds immediately available Same Day Funds to the Administrative Agent. Such borrowing will then be made available to the Borrower or the relevant Subsidiary Borrower by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify is designated in writing to the Administrative Agent in writing by the Borrower with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative AgentAgent or, if so specified in the Flow of Funds Agreement, the Administrative Agent shall wire transfer all or a portion of such aggregate amounts in accordance with the wire instructions specified for such purpose in the Flow of Funds Agreement.

Appears in 1 contract

Samples: Credit Agreement (Fastly, Inc.)

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary Each Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower or the relevant Subsidiary applicable Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to (a) 12:00 Noonnoon, New York City time, three Business Days prior to the requested Borrowing Date, if all or any part of the requested Revolving Loans are to be Eurocurrency Rate Loans denominated in the case of Eurocurrency LoansDollars, or (b) 11:00 A.M., London Time, four Business Days prior to the requested Borrowing Date, if all or any part of the requested Revolving Loans are to be Eurocurrency Rate Loans denominated in Alternative Currencies (other than Special Notice Currencies), (c) 11:00 A.M., London Time, five Business Days prior to the requested Borrowing Date, if all or any part of the requested Revolving Loans are to be Eurocurrency Rate Loans denominated in a Special Notice Currency or (d) 12:00 Noonnoon, New York City Timetime, on the date of the proposed borrowingrequested Borrowing Date, in the case of ABR Loans) with respect to Base Rate Loans (provided that any such notice of a borrowing of ABR Base Rate Loans under the Revolving Facility to finance payments required by Section 3.5 3.05 may be given not later than 12:00 Noon10:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and Date, (iii) in the case of Eurocurrency Rate Loans, CDOR Rate Loans or HIBOR Rate Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto Loan and the respective lengths of the initial Interest Period therefor, (iv) the currency of the Revolving Loans to be borrowed, and (v) if applicable, the Designated Borrower. If no election as the Company fails to the Type of specify a Revolving Loan is specified currency in any such notice, then the Revolving Loans so requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing denominated in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each borrowing 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 Rate Loans, CDOR Rate Loans and HIBOR Rate Loans, $5,000,000 2,000,000 or a whole multiple of $1,000,000 500,000 in excess thereofthereof (or the Dollar Equivalent thereof with respect to Loans in any Alternative Currency); provided, that the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Base Rate Loans in other amounts pursuant to Section 2.72.07. Upon receipt of any such notice from the Borrower or any Subsidiary 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 Borrower or the relevant Subsidiary such Borrower at the Funding Office or any Applicable Payment Office (in the case of a Loan denominated in an Alternative Currency) prior to (i) 11:00 A.M., New York City time in the case of Eurocurrency Rate Loans denominated in Dollars, (ii) 12:00 noon, London Time in the case of each Eurocurrency Rate Loan denominated in an Alternative Currency (other than Swiss Francs) and 8:00 A.M., London Time in the case of each Eurocurrency Rate Loan denominated in Swiss Francs and (iii) 2:00 P.M., New York City timetime in the case of Base Rate Loans, 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 or the relevant Subsidiary applicable Borrower by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary applicable Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent in writing with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent. 2.06.

Appears in 1 contract

Samples: Execution Version Credit Agreement (Columbus McKinnon Corp)

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, ; provided that the Borrower or the relevant Subsidiary Borrower shall give the Administrative Agent an irrevocable notice Notice of Borrowing (which notice must be received by the Administrative Agent prior to 10:00 A.M. (a) 12:00 Noon, New York City time, three U.S. Government Securities Business Days prior to the requested Borrowing Date, in the case of Eurocurrency SOFR Loans, or (b) 12:00 Noon, New York City Time, on one Business Day prior to the date of the proposed borrowingrequested Borrowing Date, in the case of ABR Loans) (provided that any such notice Notice of a borrowing Borrowing of ABR Loans under the Revolving Facility to finance payments required by under Section 3.5 3.5(a) may be given not later than 12:00 Noon, New York City time, 10:00 A.M. on the date of the proposed borrowing), in each such case specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and Date, (iii) in the case of Eurocurrency Loans, the respective amounts of each such Type of Loan, (iv) in the Currency with respect thereto and case of SOFR Loans, the respective lengths of the initial Interest Period therefor. If no election as , and (v) instructions for remittance of the proceeds of the applicable Loans to the Type of a Revolving Loan is specified in any such notice, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollarsborrowed. If no Interest Period is specified with respect to any Eurocurrency Loan is specified in any such noticerequested SOFR Loans, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s duration. Unless otherwise agreed by the Administrative Agent in its sole discretion, no Revolving Loan may be made as, converted into or continued as a SOFR Loan having an Interest Period in excess of one month prior to the date that is 30 days after the Closing Date. Each borrowing 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 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, $5,000,000 or a whole multiple of $1,000,000 in excess thereof); provided, provided that the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7. Upon receipt of any such notice Notice of Borrowing from the Borrower or any Subsidiary 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 or the relevant Subsidiary Borrower at the Revolving Loan Funding Office prior to 2:00 P.M., New York City time, 10:00 A.M. on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower or the relevant Subsidiary Borrower by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify is designated in writing to the Administrative Agent in writing by the Borrower with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative AgentAgent or, if so specified in the Flow of Funds Agreement, the Administrative Agent shall wire transfer all or a portion of such aggregate amounts to the Existing Agent (for application against amounts then outstanding under the Existing Credit Facility), in US-DOCS\135452008.17 accordance with the wire instructions specified for such purpose in the Flow of Funds Agreement. No Revolving Loan will be made on the Closing Date.

Appears in 1 contract

Samples: Credit Agreement

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower or the relevant Subsidiary Borrower shall give the Administrative Agent irrevocable telephonic notice confirmed promptly in writing (which notice must be received by the Administrative Agent prior to 12:00 Noon, Charlotte, North Carolina time, (a) 12:00 Noon, New York City time, three Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Eurodollar Loans, or (b) 12:00 Noon, New York City Time, on one Business Day prior to the date of the proposed borrowingrequested Borrowing Date, in the case of ABR Base Rate 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 12:00 Noon, New York City time, on the date of the proposed borrowing), specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and Date, (iii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto Loan and the respective lengths of the initial Interest Period therefor. If no election as therefor and (iv) the location and number of the Borrower’s account to the Type of a Revolving Loan is specified in any such notice, then the requested borrowing shall which funds are to be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollarsdistributed. If no Interest Period is specified with respect to any Eurocurrency Loan is specified in any such noticerequested Eurodollar Loan, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s duration. Any Revolving Loans made on the Closing Date shall initially be Base Rate Loans. Each borrowing under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Base Rate Loans, $S 1,000,000 or a whole multiple thereof (or, if the then aggregate Available Revolving Commitments are less than $S 1,000,000, such lesser amount) and (y) in the case of Eurocurrency Eurodollar Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Base Rate Loans in other amounts pursuant to Section 2.7. Upon receipt of any such notice from the Borrower or any Subsidiary 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 or the relevant Subsidiary Borrower at the Funding Office prior to 2:00 P.M.12:00 Noon, New York City Charlotte, North Carolina 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 or the relevant Subsidiary Borrower by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent in writing with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Inamed Corp)

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower or the relevant Subsidiary Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to (a) 12:00 Noon11:00 A.M., New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Eurodollar Loans, or (b) 12:00 Noon, New York City Time, on the date of the proposed borrowingrequested 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 2.3(i) may be given not later than 12:00 Noon11:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurocurrency Loans, the respective amounts amount of each such Type of LoanRevolving Loan and, in the Currency with respect thereto and case of Eurodollar Loans, the respective lengths of the initial Interest Period therefor. If no election as to Any Revolving Loans made on the Type of a Revolving Loan is specified in any such notice, then the requested borrowing shall Closing Date may be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s durationEurodollar Loans. Each borrowing 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 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, $5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7). Upon receipt of any such notice from the Borrower or any Subsidiary 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 or the relevant Subsidiary Borrower at the Funding Office prior to 2:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower or the relevant Subsidiary Borrower by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent in writing with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Westar Energy Inc /Ks)

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Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower or the relevant Subsidiary Borrower shall give the Administrative Agent irrevocable notice a Borrowing Request substantially in the form of Exhibit A attached hereto (which notice must be received by the Administrative Agent prior to (a) 12:00 Noon, New York City time, time three Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Eurodollar Loans, or (b) 12:00 Noon, New York City Timetime, on the date of the proposed borrowingrequested Borrowing Date, in the case of ABR Loans) (provided that any such notice of a borrowing of Revolving Loans that are ABR Loans under the Revolving Facility to finance payments required by Section 3.5 may must be given not later than 12:00 Noon, New York City time, on the date of the proposed borrowing), specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date (which may be the same day as the day of the Borrowing Request in the case of ABR Loans) and (iii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto Loan and the respective lengths of the initial Interest Period therefor. If no election as to the Type of a Revolving Loan is specified in any such notice, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each borrowing 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 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, $5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7. Upon receipt of any such notice from the Borrower or any Subsidiary 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 or the relevant Subsidiary Borrower at the Funding Office prior to 2:00 P.M., New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower or the relevant Subsidiary Borrower by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent in writing with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Abl Credit Agreement (Clearwater Paper Corp)

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower or the relevant Subsidiary Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to (a) 12:00 Noon, New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Eurodollar Loans, (b) two Business Days prior to the requested Borrowing Date, in the case of Bankers’ Acceptances, or (bc) 12:00 Noon, New York City Time, on one Business Day prior to the date of the proposed borrowingrequested Borrowing Date, in the case of ABR Loans or Canadian Prime Rate Loans) (provided that any such notice of a borrowing of ABR Loans or Canadian Prime Rate Loans under the North American Revolving Facility to finance payments required by Section 3.5 or Section 4.5 may be given not later than 12:00 Noon10:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount and Type of Revolving Loans to be borrowedborrowed and, in the case of North American Revolving Loans, whether such Loans shall be denominated in Dollars or Canadian Dollars, (ii) the requested Borrowing Date and (iii) in the case of Eurocurrency LoansEurodollar Loans and Bankers’ Acceptances, the respective amounts of each such Type of Loan, the Currency with respect thereto Loan and the respective lengths of the initial Interest Period or Contract Period therefor, as the case may be. If no election as to Any Revolving Loans made on the Type of a Revolving Loan is specified in any such notice, then the requested borrowing Closing Date shall initially be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s durationCanadian Prime Rate Loans. Each borrowing under the Revolving Commitments shall be in an amount equal to (xw) in the case of ABR Loans, $1,000,000 or a whole multiple thereof (or, if the then aggregate Available North American Revolving Commitments are less than $1,000,000, such lesser amount) and ), (yx) in the case of Eurocurrency Eurodollar Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) in the case of Canadian Prime Rate Loans, C$1,000,000 or a whole multiple thereof (or, if the then aggregate Available North American Revolving Commitments or Canadian Revolving Commitments, as applicable, are less than C$1,000,000, such lesser amount) and (z) in the case of Bankers’ Acceptances, C$1,000,000 or a whole multiple thereof; provided, that the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the North American Revolving Commitments that are ABR Loans or Canadian Prime Rate Loans in other amounts pursuant to Section 2.72.9. Upon receipt of any such notice from the Borrower or any Subsidiary Borrower, the Administrative Agent shall promptly notify each North American Revolving Lender or Canadian Revolving Lender, as applicable, 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 relevant Subsidiary Borrower at the Funding Office prior to 2:00 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 or the relevant Subsidiary Borrower by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent in writing with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent. Each Revolving Lender shall make available to the Borrower Bankers’ Acceptance borrowings during the Revolving Commitment Period in accordance with and pursuant to the procedures set forth in Section 2.6.

Appears in 1 contract

Samples: Credit Agreement (Precision Drilling Trust)

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, ; provided that the Borrower or the relevant Subsidiary Borrower shall give the Administrative Agent an irrevocable notice Notice of Borrowing (which notice must be received by the Administrative Agent prior to 10:00 A.M. (a) 12:00 Noon, New York City time, three 3 Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Eurodollar Loans, or (b) 12:00 Noon, New York City Time, on 1 Business Day prior to the date of the proposed borrowingrequested Borrowing Date, in the case of ABR Loans) (provided that any such notice Notice of a borrowing Borrowing of ABR Loans under the Revolving Facility to finance payments required by under Section 3.5 3.5(a) may be given not later than 12:00 Noon, New York City time, 10:00 A.M. on the date of the proposed borrowing), in each such case specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and Date, (iii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto 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. If Unless otherwise agreed by the Administrative Agent in its sole discretion, no election as to the Type of a Revolving Loan is specified in any such noticemay be made as, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower converted into or the relevant Subsidiary Borrower shall be deemed to have requested continued as a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Eurodollar Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected having an Interest Period in excess of one month’s duration1 month prior to the date that is 30 days after the Closing Date. Each borrowing 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, $5,000,000 or a whole multiple of $1,000,000 in excess thereof); provided, provided that the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7. Upon receipt of any such notice Notice of Borrowing from the Borrower or any Subsidiary 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 or the relevant Subsidiary Borrower at the Revolving Loan Funding Office prior to 2:00 P.M., New York City time, 12:00 P.M. on the Borrowing Date requested by the Borrower in funds immediately available Same Day Funds to the Administrative Agent. Such borrowing will then be made available to the Borrower or the relevant Subsidiary Borrower by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify is designated in writing to the Administrative Agent in writing by the Borrower with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative AgentAgent or, if so specified in the Flow of Funds Agreement, the Administrative Agent shall wire transfer all or a portion of such aggregate amounts in accordance with the wire instructions specified for such purpose in the Flow of Funds Agreement.

Appears in 1 contract

Samples: Credit Agreement (Fastly, Inc.)

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary Borrower may borrow -------------------------------------- under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower or the relevant Subsidiary Borrower shall give the Administrative Agent -------- irrevocable notice by delivery of a Notice of Borrowing (which notice Notice of Borrowing must be received by the Administrative Agent prior to (a) 12:00 Noon, New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Loans, or (b) 12:00 Noon, New York City Time, on one Business Day prior to the date of the proposed borrowingrequested 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 12:00 Noon, New York City time, on the date of the proposed borrowing), specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurocurrency Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto Loan and the respective lengths of the initial Interest Period therefor. If Any Revolving Loans made on the Closing Date shall initially be ABR Loans, and, unless otherwise agreed by the Administrative Agent in its sole discretion, no election Revolving Loan may be made as, converted into or continued as a Eurocurrency Loan prior to the Type of a Revolving Loan date that is specified in any such notice, then five Business Days after the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s durationClosing Date. Each borrowing 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 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, $5,000,000 1.0 million or a whole $250,000 multiple of $1,000,000 thereof in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7. Upon receipt of any such notice Notice of Borrowing from the Borrower or any Subsidiary 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 or the relevant Subsidiary Borrower at the Funding Office prior to 2:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower or the relevant Subsidiary Borrower by the Administrative Agent crediting the account of designated by the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent in writing with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (American Pharmaceutical Partners Inc /Ca/)

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided PROVIDED that the Borrower or the relevant Subsidiary Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to (a) 12:00 Noon, New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Eurodollar Loans, or (b) 12:00 Noon, New York City Time, on one Business Day prior to the date of the proposed borrowingrequested Borrowing Date, in the case of ABR Base Rate 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 12:00 Noon, New York City time, on the date of the proposed borrowing), specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto Loan and the respective lengths of the initial Interest Period therefor. If no election as to Any Revolving Loans made on the Type of a Revolving Loan Closing Date shall initially be Base Rate Loans and, until the date that is specified in any such notice, then 65 days after the requested borrowing Closing Date all Interest Periods for all Loans hereunder which are LIBOR Loans shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s durationmonth duration and shall end on the same Business Day. Each borrowing 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, $5,000,000 2,000,000 or a whole multiple of $1,000,000 100,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7. Upon receipt of any such notice from the Borrower or any Subsidiary Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata PRO RATA share of each borrowing available to the Administrative Agent for the account of the Borrower or the relevant Subsidiary Borrower at the Funding Office prior to 2:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower or the relevant Subsidiary Borrower by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent in writing with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Dames & Moore Group)

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, ; provided that the Borrower or the relevant Subsidiary 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 denominated in Dollars, prior to (a) 12:00 Noon, New York City time, three Business Days prior to the requested Borrowing Date, (ii) in the case of Eurocurrency LoansLoans denominated in a Permitted Foreign Currency, or (b) 12:00 Noon, New York City Time, on the date of the proposed borrowing, in the case of ABR Loans) (provided that any such notice of a borrowing of ABR Loans under the Revolving Facility prior to finance payments required by Section 3.5 may be given not later than 12:00 Noon, New York City time, four Business Days prior to the requested Borrowing Date or (iii) in the case of ABR Loans, prior to 1:00 p.m., New York City time, on the date of the proposed borrowingBorrowing Date), specifying (iw) the amount and Type of Revolving Loans to be borrowedborrowed (which, in the case of any Revolving Loans denominated in a Permitted Foreign Currency, shall be Eurocurrency Loans), (iix) the requested Borrowing Date Date, (y) the currency in which such Revolving Loans are to be borrowed and (iiiz) in the case of Eurocurrency Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto Loan and the respective lengths of the initial Interest Period therefor. If no election as ; provided, further, that if the Borrower wishes to the Type of a Revolving Loan is specified in any such notice, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any request Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected having an Interest Period other than one, two, three or six months in duration as provided in the definition of one month’s duration“Interest Period,” the applicable notice must be received by the Administrative Agent not later than 11:00 a.m. four Business Days prior to the requested date of such Borrowing, conversion or continuation, whereupon the Administrative Agent shall give prompt notice to the appropriate Lenders of such request and determine whether the requested Interest Period is acceptable to all of them. Not later than 11:00 a.m., three Business Days before the requested date of such Borrowing, conversion or continuation, the Administrative Agent shall notify the Borrower (which notice may be by telephone) whether or not the requested Interest Period has been consented to by all the Lenders. Each borrowing by the Borrower under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans, $1,000,000 or a whole multiple of $100,000 in excess thereof (or, if the then aggregate applicable Available Revolving Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurocurrency Loans, $5,000,000 the Borrowing Minimum or a whole multiple of $1,000,000 the Borrowing Multiple in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7. Upon receipt of any such notice from the Borrower or any Subsidiary 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 or the relevant Subsidiary Borrower at the Funding Office prior to 2:00 P.M.11:00 a.m. (or, in the case of ABR Loans being made pursuant to a notice delivered on the proposed Borrowing Date, 3:00 p.m.), New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower or the relevant Subsidiary Borrower by the Administrative Agent crediting the account of designated in writing by the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent in writing with the aggregate of the amounts made available to the Administrative Agent by the such Revolving Lenders and in like funds as received by the Administrative Agent. If no election as to the Type of a Revolving Loan is specified, other than with respect to Revolving Loans denominated in a Permitted Foreign Currency, 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. If no currency is specified with respect to any requested Revolving Loan, the Borrower shall be deemed to have selected Dollars.

Appears in 1 contract

Samples: Term Credit Agreement (Revlon Inc /De/)

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower or the relevant Subsidiary Borrower shall give the Administrative Agent irrevocable notice in the form of Exhibit A, duly executed by a Responsible Officer and appropriately completed (a “Notice of Revolving Loan Borrowing”), (which notice must be received by the Administrative Agent prior to 12:00 Noon (a) 12:00 Noon, New York City time, three Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Eurodollar Loans, or (b) 12:00 Noon, New York City Time, on one Business Day prior to the date of the proposed borrowingrequested 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 12:00 Noon, New York City time, on the date of the proposed borrowing), specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto Loan and the respective lengths of the initial Interest Period therefor. If no election as Subject to delivery by the Borrower to the Type Administrative Agent, at least two (2) Business Days prior to the Effective Date, of a customary LIBOR indemnity letter, the first Notice of Revolving Loan is specified Borrowing may be given prior to the effectiveness of this Agreement but otherwise in any such noticeaccordance with the preceding sentence (provided that, then in the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested case of a borrowing in Dollars. If no Interest Period with respect of Eurodollar Loans requested to any Eurocurrency Loan is specified in any be made on the Effective Date, such notice, then request must be received by the Borrower or Administrative Agent at least two (2) Business Days prior to the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s durationEffective Date). Each borrowing under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans, $1,000,000 3,000,000 or a whole multiple of $500,000 in excess thereof (or, if the then aggregate Available Revolving Commitments are less than $1,000,0003,000,000, such lesser amount) and (y) in the case of Eurocurrency Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7). Upon receipt of any such notice a Notice of Revolving Loan Borrowing from the Borrower or any Subsidiary Borrower, the Administrative Agent shall promptly notify each Revolving Loan Lender thereof. Each Revolving Loan 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 relevant Subsidiary Borrower at the Funding Office prior to 2:00 P.M., New York City time, 12:00 Noon on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower or the relevant Subsidiary Borrower by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent in writing with the aggregate of the amounts made available to the Administrative Agent by the Revolving Loan Lenders and in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Fair Isaac Corp)

Procedure for Revolving Loan Borrowing. (a) The Borrower and any Subsidiary Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower or the relevant and such Subsidiary Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to (a) 12:00 Noon, New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Eurodollar Loans, or (b) 12:00 Noon, New York City Time, on one Business Day prior to the date of the proposed borrowingrequested 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 12:00 Noon, New York City time, on the date of the proposed borrowing), specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto Revolving Loan and the respective lengths of the initial Interest Period therefor. If no election as ; provided that prior to the Type of a Revolving Loan is specified in any such noticeSyndication Date, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollars. If no may only select 7-day Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s durationPeriods. Each borrowing 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 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, $5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower or any the relevant Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.72.4. Upon receipt of any such notice from the Borrower or any the relevant Subsidiary 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 or the relevant Subsidiary Borrower at the Funding Office prior to 2:00 1:00 P.M., New York City time, on the Borrowing Date requested by the Borrower or the relevant Subsidiary Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower or the relevant Subsidiary Borrower by the Administrative Agent crediting the account of the Borrower or the relevant such Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent in writing with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Synopsys Inc)

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary (a) Any Borrower may borrow under the Revolving Commitments in Dollars during the Revolving Commitment Period on any Business Day, provided that the Borrower or the relevant Subsidiary such Borrower shall give the Administrative Agent irrevocable notice notice, substantially in the form of Exhibit H (which notice must be received by the Administrative Agent prior to (a) 12:00 Noon1:00 P.M., New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Loans, Term Benchmark Loans or (b) 12:00 Noon, New York City Time, on one Business Day prior to the date of the proposed borrowingrequested 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 12:00 Noon10:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the applicable Borrower, (ii) the amount and Type of Revolving Loans to be borrowed, (iiiii) the requested Borrowing Date Date, and (iiiiv) in the case of Eurocurrency Term Benchmark Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto Loan (and the respective lengths of the initial Interest Period therefor. If no election as to the Type of a Revolving Loan is specified in any such notice, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s duration). Each borrowing under the Revolving Commitments in Dollars shall be in an amount equal to (x) in the case of ABR Loans, $1,000,000 or a whole multiple 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, $5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower or any Subsidiary BorrowerBorrowers, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7. Upon receipt of any such notice from the Borrower or any Subsidiary 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 Borrower or the relevant Subsidiary applicable Borrower at the Funding Office prior to 2:00 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 Borrower or the relevant Subsidiary applicable Borrower by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary applicable Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent in writing with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Wolverine World Wide Inc /De/)

Procedure for Revolving Loan Borrowing. Calculation of -------------------------------------- Borrowing Base. (a) The Parent Borrower and any the Subsidiary Borrower Borrower, as the case may be, may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower or the relevant Subsidiary such Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to (ai) 12:00 Noon, New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Loans, or (b) 12:00 Noon, New York City Time, on the date of the proposed borrowingrequested Borrowing Date, in the case of ABR Alternate Base Rate Loans or Dollar-denominated Multi-Currency Revolving Loans; and (ii) (provided that any such notice 9:00 a.m. London time three Business Days prior to the requested Borrowing Date, in the case of a borrowing of ABR Loans under the Non-Dollar-denominated Multi-Currency Revolving Facility to finance payments required by Section 3.5 may be given not later than 12:00 Noon, New York City time, on the date of the proposed borrowingLoans), specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and Date, (iii) in the case of Eurocurrency LoansLoans and any Non-Dollar-denominated Multi-Currency Revolving Loan, the respective amounts of each such Type of Loan, the Currency with respect thereto Loan and the respective lengths of the initial Interest Period therefor, and (iv) in the case of Non-Dollar-denominated Multi-Currency Revolving Loans, the currency of the Loans to be borrowed. If Any US Dollar Revolving Loans or Dollar-denominated Multi-Currency Revolving Loans made on the Initial Closing Date shall initially be Alternate Base Rate Loans and, unless otherwise agreed by the Administrative Agent in its sole discretion, no election as to the Type of a Revolving Loan is specified in any such noticemay be made as, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower converted into or the relevant Subsidiary Borrower shall be deemed to have requested continued as a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected having an Interest Period in excess of one month’s durationmonth prior to the date that is 60 days after the Initial Closing Date. Each borrowing 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 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, the Dollar Equivalent of $5,000,000 or a whole multiple of the Dollar Equivalent of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7. Upon receipt of any such notice from the Parent Borrower or any the Subsidiary Borrower, as the case may be, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each US Dollar 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 relevant Subsidiary such Borrower at the Funding Office prior to 2:00 P.M.3:00 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 will then be made available to the Borrower or the relevant Subsidiary such Borrower by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary such Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent in writing with the aggregate of the amounts made available to the Administrative Agent by the US Dollar Revolving Lenders and in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Act Manufacturing Inc)

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, Day after the Closing Date; provided that the Borrower or the relevant Subsidiary Borrower shall give the Administrative Agent irrevocable notice notice, (which notice must be received by the Administrative Agent prior to (a) 12:00 Noon, New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Eurodollar Loans, or (b) 12:00 Noon, New York City Time, on one Business Day prior to the date of the proposed borrowingrequested 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 12:00 Noon, New York City time, on the date of the proposed borrowing), specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date Date, and (iii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto Loan and the respective lengths of the initial Interest Period therefor. If no election as The Borrower may give the Administrative Agent telephonic notice by the required time of any proposed borrowing under this subsection 2.5 provided that such notice shall within one Business Day be confirmed in writing to the Type of a Revolving Loan is specified in any such notice, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s durationAdministrative Agent. Each borrowing 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 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, $5,000,000 1,000,000 or a whole multiple of $1,000,000 100,000 in excess thereof; provided, provided that the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7. Upon receipt of any such notice from the Borrower or any Subsidiary 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 or at the relevant Subsidiary Borrower at the Funding Office prior to 2:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower or the relevant Subsidiary Borrower by the Administrative Agent crediting the account of the Borrower or as specified in the relevant Subsidiary Borrower on the books notice of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent in writing borrowing with the aggregate of the amounts made available to the CREDIT AGREEMENT Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Doane Pet Care Co)

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary Borrower Each of the Borrowers may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, ; provided that the Borrower or the relevant Subsidiary Borrower Representative (on behalf of any Borrower) shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to (a) 12:00 Noon1:00 P.M., New York City time, at least three Business Days prior to the requested Borrowing Date, in if all or any part of the case of requested Revolving Loans are to be initially Eurocurrency Loans, or Loans (b) 12:00 Noon, New York City Time, on the date of the proposed borrowing, 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 12:00 Noon1:00 P.M., New York City time, on the date of the proposed borrowingrequested Borrowing Date, for ABR Loans), in each case specifying (i) the identity of the Borrower, (ii) the amount and Type of Revolving Loans to be borrowed, (iiiii) the requested Borrowing Date Date, (iv) whether the borrowing is to be of Eurocurrency Loans or ABR Loans or a combination thereof and (iiiv) in if the case borrowing is to be entirely or partly of Eurocurrency Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto and the respective lengths of the initial Interest Period Periods therefor. If no election as to All Revolving Loans incurred and/or maintained during the Type of a Revolving Loan is specified in any such notice, then first week following the requested borrowing Closing Date shall be an incurred and/or maintained as ABR Loan. If no Currency with respect to any Loans or Eurocurrency Loans is specified in any such notice, then with a one week Interest Period Applicable thereto. All Revolving Loans incurred and/or maintained until the Borrower earlier of the completion of syndication of the Facilities (as reasonably determined by the Lead Arrangers) or 90 days after the relevant Subsidiary Borrower Closing Date shall be deemed to have requested incurred and/or maintained as ABR Loans or as Eurocurrency Loans with a borrowing in Dollars. If no one-month Interest Period applicable thereto (with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or first day of the relevant Subsidiary Borrower shall be deemed to have selected an first Interest Period of therefor to commence on the date that is one month’s durationweek after the Closing Date). Each borrowing under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans, except any ABR Loan to be used solely to pay a like amount of outstanding Reimbursement Obligations or Swing Line Loans, $1,000,000 2.0 million or a whole multiple of $1.0 million in excess thereof (or, if the then aggregate Available Revolving Commitments are (A) less than $1,000,0002.0 million, $1.0 million or a whole multiple thereof or (B) less than $1.0 million, such lesser amount) and (y) in the case of Eurocurrency Loans, Loans $5,000,000 5.0 million or a whole multiple of $1,000,000 1.0 million in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7. Upon receipt of any such notice from the Borrower or any Subsidiary BorrowerRepresentative, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Subject to the satisfaction of the conditions precedent specified in subsection 6.2, each Lender will shall make the amount of its pro rata share of each borrowing of Revolving Loans available to the Administrative Agent for the account of the Borrower or the relevant Subsidiary Borrower identified in such notice at the Funding Office office of the Administrative Agent specified in subsection 11.2 prior to 2:00 P.M.P.M. (or 10:00 A.M., in the case of the initial borrowing hereunder), New York City time, or at such other office of the Administrative Agent or at such other time as to which the Administrative Agent shall notify such Lender and the Borrower Representative reasonably in advance of the Borrowing Date with respect thereto, on the Borrowing Date requested by the Borrower Representative in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower or the relevant Subsidiary Borrower identified in such notice by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary such Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent in writing with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Revolving Credit Agreement (Great North Imports, LLC)

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower or the relevant Subsidiary Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to (a) 12:00 Noon11:00 A.M., New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Loans, provided that in the case of Permitted Foreign Currency Loans, such notice must be received prior to 11:00 A.M., New York City time, four Business Days prior to the requested Borrowing Date, or (b) 12:00 Noon, New York City Time, on the date of the proposed borrowingrequested 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 12:00 Noon, New York City time, on the date of the proposed borrowing), specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and Date, (iii) in the case of Eurocurrency Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto Loan and the respective lengths of the initial Interest Period therefortherefor and (iv) the currency of such borrowing (which shall be in a Permitted Currency). If no election as to the Type currency of a Revolving Loan is specified in any such notice, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing denominated in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each borrowing 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 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, $5,000,000 or a whole multiple of $1,000,000 in excess thereofthereof (or, in the case of Permitted Foreign Currency Loans, approximately in such amount); provided, that the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.72.4. Upon receipt of any such notice from the Borrower or any Subsidiary 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 or the relevant Subsidiary Borrower at the Funding Office prior to 2:00 P.M., New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower or the relevant Subsidiary Borrower by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent in writing with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Hilfiger Tommy Corp)

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, ; provided that the Borrower or the relevant Subsidiary Borrower shall give the Revolving Facility Administrative Agent irrevocable notice in the form of a Borrowing Request (which notice must be received by the Revolving Facility Administrative Agent prior to (a) 12:00 Noonnot later than 2:00 P.M., New York City time, three Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Eurodollar Loans, or (b) 12:00 Noon, New York City Time, on the date of the proposed borrowing, 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 12:00 Noonnoon, New York City time, on the date requested Borrowing Date, in the case of the proposed borrowingABR Loans), specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date Date, (iii) the Revolving Facility pursuant to which such Loan is to be made, (iv) [reserved], (v) the Type of Revolving Loans to be borrowed and (iiivi) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto Loan and the respective lengths of the initial Interest Period therefor. If no election as to the Type of a Revolving Loan is specified in any such notice, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each borrowing 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, $5,000,000 500,000 or a whole multiple of $1,000,000 100,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7. Upon receipt of any such notice from the Borrower or any Subsidiary 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 Revolving Facility Administrative Agent for the account of the Borrower or the relevant Subsidiary Borrower at the its Funding Office for the applicable currency prior to 2:00 P.M.p.m., New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Revolving Facility Administrative Agent. Such borrowing will then be made available to the Borrower or the relevant Subsidiary Borrower by the Revolving Facility Administrative Agent Administrative Agent crediting the account of the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent in writing with the aggregate of the amounts made available to the Revolving Facility Administrative Agent by the Revolving Lenders and in like funds as received by the Revolving Facility Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Tivity Health, Inc.)

Procedure for Revolving Loan Borrowing. The Each Borrowing of a Revolving Loan shall be made upon Borrower and Representative’s irrevocable written notice delivered to Agent substantially in the form of a Notice of Borrowing or in a writing in any Subsidiary Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Dayother form reasonably acceptable to Agent, provided that the Borrower or the relevant Subsidiary Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 2:00 p.m. (ai) 12:00 Noon, New York City time, on the date which is three Business Days prior to the requested Borrowing Date, date in the case of Eurocurrency Loanseach LIBOR Rate Loan, or (bii) 12:00 Noon, New York City Time, on the date of which is one Business Day prior to the proposed borrowing, 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 12:00 Noon, New York City time, on the date of the proposed borrowing), specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurocurrency Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto and the respective lengths of the initial Interest Period therefor. If no election as to the Type of a Revolving Base Rate Loan is specified in any such notice, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each borrowing under the Revolving Commitments shall be in an amount equal to or less than $75,000,000 but equal to or greater than $20,000,000, and (xiii) on the requested Borrowing date in the case of ABR Loans, $1,000,000 or a whole multiple thereof (or, if the then aggregate Available Revolving Commitments are each Base Rate Loan in an amount less than $1,000,00020,000,000. Such Notice of Borrowing shall specify: (a) the amount of the Borrowing, such lesser amountwhich shall not be less than $100,000, in aggregate; (b) the requested Borrowing date, which shall be a Business Day; (c) whether the Borrowing is to be comprised of LIBOR Rate Loans or Base Rate Loans; and (yd) in if the case of Eurocurrency Borrowing is to be LIBOR Rate Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant Interest Period applicable to Section 2.7such Loans. Upon receipt of any such notice from the Borrower or any Subsidiary Borrowera Notice of Borrowing, the Administrative Agent shall will promptly notify each Revolving Lender thereof. Each Revolving Lender will make of such Notice of Borrowing and of the amount of its pro rata share such Lender’s Commitment Percentage of the Borrowing. Unless Agent is otherwise directed in writing by Borrower Representative, the proceeds of each borrowing available to requested Borrowing after the Administrative Agent for the account of the Borrower or the relevant Subsidiary Borrower at the Funding Office prior to 2:00 P.M., New York City time, on the Borrowing Closing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower or the relevant Subsidiary Borrower Borrowers by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary Borrower on the books by wire transfer of such office amount to Borrowers pursuant to the wire transfer instructions specified on Schedule 10.02 or such other account as Borrower Representative may designate. All Borrowing requests which are not made on-line via Agent’s electronic platform or portal shall be subject to (and unless Agent elects otherwise in the Borrower or relevant Subsidiary Borrower may specify exercise of its sole discretion, such Borrowings shall not be made until the completion of) Agent’s authentication process (with results satisfactory to Agent) prior to the Administrative Agent in writing with the aggregate funding of the amounts made available to the Administrative Agent by the any such requested Revolving Lenders and in like funds as received by the Administrative AgentLoan.

Appears in 1 contract

Samples: Credit Agreement (Jakks Pacific Inc)

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, ; provided that the Borrower or the relevant Subsidiary Borrower shall give the Administrative Agent an irrevocable notice Notice of Borrowing (which notice must be received by the Administrative Agent prior to 10:00 A.M. (a) 12:00 Noon, New York City time, three (3) Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Eurodollar Loans, or (b) 12:00 Noon, New York City Time, on one (1) Business Day prior to the date of the proposed borrowingrequested Borrowing Date, in the case of ABR Loans) (provided that any such notice Notice of a borrowing Borrowing of ABR Loans under the Revolving Facility to finance payments required by under Section 3.5 3.5(a) may be given not later than 12:00 Noon, New York City time, 10:00 A.M. on the date of the proposed borrowing), in each such case specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and Date, (iii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto and the respective lengths of the initial Interest Period Periods therefor. If no election as , and (iv) instructions for remittance of the proceeds of the applicable Loans to the Type of a Revolving Loan is specified in any such notice, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s durationborrowed. Each borrowing 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, $5,000,000 or a whole multiple of $1,000,000 in excess thereof); provided, provided that the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.72.4. Upon receipt of any such notice Notice of Borrowing from the Borrower or any Subsidiary 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 or the relevant Subsidiary Borrower at the Revolving Loan Funding Office prior to 2:00 P.M., New York City time, 12:00 P.M. on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower or the relevant Subsidiary Borrower by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify is designated in writing to the Administrative Agent in writing by the Borrower with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative AgentAgent or, if so specified in the Flow of Funds Agreement, the Administrative Agent shall wire transfer all or a portion of such aggregate amounts to the Existing Lender (for application against amounts then outstanding under the Existing Credit Facility), in accordance with the wire instructions specified for such purpose in the Flow of Funds Agreement.

Appears in 1 contract

Samples: Credit Agreement (UiPath, Inc.)

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, ; provided that the Borrower or the relevant Subsidiary Borrower shall give the Administrative Agent an irrevocable notice Notice of Borrowing (which notice must be received by the Administrative Agent prior to 10:00 A.M. (a) 12:00 Noon, New York City time, three (3) U.S. Government Securities Business Days prior to the requested Borrowing Date, in the case of Eurocurrency SOFR Loans, or (b) 12:00 Noon, New York City Time, on one (1) Business Day prior to the date of the proposed borrowingrequested Borrowing Date, in the case of ABR Loans) (provided that any such notice Notice of a borrowing Borrowing of ABR Loans under the Revolving Facility to finance payments required by under Section 3.5 3.5(a) may be given not later than 12:00 Noon, New York City time, 10:00 A.M. on the date of the proposed borrowing), in each such case specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and Date, (iii) in the case of Eurocurrency Loans, the respective amounts of each such Type of Loan, (iv) in the Currency with respect thereto and case of SOFR Loans, the respective lengths of the initial Interest Period therefor. If no election as , and (v) instructions for remittance of the proceeds of the applicable Loans to the Type of a Revolving Loan is specified in any such notice, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollarsborrowed. If no Interest Period is specified with respect to any Eurocurrency Loan is specified in any such noticerequested SOFR Loan, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s duration. Unless otherwise agreed by the Administrative Agent in its sole discretion, no Revolving Loan may be made as, converted into or continued as a SOFR Loan having an Interest Period in excess of one month prior to the date that is 30 days after the Closing Date. Each borrowing 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 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, $5,000,000 or a whole multiple of $1,000,000 in excess thereof); provided, provided that the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7. Upon receipt of any such notice Notice of Borrowing from the Borrower or any Subsidiary 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 or the relevant Subsidiary Borrower at the Revolving Loan Funding Office prior to 2:00 P.M., New York City time, 10:00 A.M. on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower or the relevant Subsidiary Borrower by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify is designated in writing to the Administrative Agent in writing by the Borrower with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.. No Revolving Loan will be made on the Closing Date. NY-2355188

Appears in 1 contract

Samples: Credit Agreement (Alkami Technology, Inc.)

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary A Borrower may borrow under the Revolving Commitments Loans during the Revolving Commitment Period on any Business Day, provided that the Borrower or the relevant Subsidiary such Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to (a) 12:00 Noon, New York City time, three Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Loans, or (b) 12:00 Noon, New York City Time, on the date of the proposed borrowing, 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 12:00 Noon, New York City time, on the date of the proposed borrowing), specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurocurrency Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto and the respective lengths of the initial Interest Period therefor. If no election as to the Type of a Revolving Loan is specified in any such notice, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each borrowing 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 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, $5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7. Upon receipt of any such notice from the Borrower or any Subsidiary 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 deliver to the Administrative Agent for the account of the Borrower or the relevant Subsidiary Borrower at the Funding Office prior to 2:00 Agent, no later than 3:00 P.M., New York City time, on the requested Borrowing Date, (i) irrevocable notice in substantially the form of Exhibit F hereto (a “Borrowing Request”), specifying (A) the amount of Revolving Loans to be borrowed, (B) if such Borrower is KECS, whether such Loans are to be Borrowing Base A Loans or Borrowing Base B Loans or a combination thereof and whether such Loans are designated as Customer Loans, Non-Customer Loans or Firm Loans or a combination thereof and (C) the requested Borrowing Date (which shall be a Business Day during the Commitment Period) and (ii) substantially simultaneously with or prior to the related Borrowing Request (in the case of a Borrowing Request for a Federal Funds Rate Loan) and (in the case of a Eurodollar Loan) not later than 11:00 A.M., New York City time, on the requested Borrowing Date, (A) in the case of Borrowing Base A Loans, a notice in substantially the form of Exhibit G (a “Borrowing Base A Limit Notice”) detailing the Pledged Eligible Assets (including, in the case of KECS, whether such Pledged Eligible Assets are Customer Pledged Eligible Assets, Non-Customer Pledged Eligible Assets or Firm Pledged Eligible Assets or a combination thereof) that will secure the requested Loans and (B) in the case of Borrowing Base B Loans, a notice substantially in the form of Exhibit H (a “Borrowing Base B Limit Notice”) detailing the Borrowing Base B Limit, after giving effect to the borrowing of the Borrowing Base B Loans requested thereby and application of the proceeds thereof as Eligible NSCC Margin Deposits (which shall not be less than the aggregate principal amount of the Borrowing Base B Loans to be outstanding after giving effect to the Borrowing Base B Loans requested in the related Borrowing Request). The Borrowing Request and Borrowing Base A Limit Notice, if applicable, shall be delivered by facsimile transmission (with any such transmission deemed delivered upon receipt by a Borrower of a facsimile transmission confirmation) to the Loan & Agency and IB Loan Operations Departments of the Administrative Agent at the addresses set forth in Section 10.2. The Borrower in funds immediately available requesting a Borrowing shall give notification, by telephone, to the Administrative Agent that the Borrowing Request and Borrowing Base A Limit Notice, if applicable, have been delivered to the Administrative Agent. Such borrowing will then be made available to the Borrower or the relevant Subsidiary Borrower by Upon its receipt of a Borrowing Base A Limit Notice, the Administrative Agent crediting shall calculate the account Pledged Eligible Asset Loan Values of the Borrower or Pledged Eligible Assets (and in the relevant Subsidiary Borrower on case of KECS, the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent in writing with the aggregate Pledged Eligible Asset Loan Values of the amounts made available Customer Pledged Eligible Assets, Non-Customer Pledged Eligible Assets and Firm Pledged Eligible Assets, as applicable) which will secure the Loan to such Borrower, including those referred to in clause (ii), and promptly notify the Administrative Agent by applicable Borrower if the Revolving Lenders and in like funds as received by the Administrative Agentrequirements of Section 2.1(a)(ii), (v), (vi) or (vii) are not satisfied.

Appears in 1 contract

Samples: Credit Agreement (Knight Capital Group, Inc.)

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary Borrower Borrowers may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower or the relevant Subsidiary applicable Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to (a) 12:00 NoonP.M., New York City time, three (a) threetwo Business Days prior to the requested Borrowing Date, in the case of Eurocurrency EurodollarTerm SOFR Loans, or (b) 12:00 Noon, New York City Time, on one Business Day prior to the date of the proposed borrowingrequested Borrowing Date, in the case of ABR Loans) Loans or Daily Floating Rate Loans (provided that (i) such notice may be given by (A) telephone, or (B) a Loan Notice (provided any telephonic notice must be confirmed promptly by delivery to the Administrative Agent of a Loan Notice) and (ii) any such notice of a borrowing of ABR Loans or Daily Floating Rate Loans under the Revolving Facility to finance payments required by Section 3.5 may be given not later than 12:00 NoonP.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurocurrency EurodollarTerm SOFR Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto Loan and the respective lengths of the initial Interest Period therefor. If no election as to the Type of a Revolving Loan is specified in any such notice, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each borrowing under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans or Daily Floating Rate Loans, $1,000,000 or a whole multiple 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 EurodollarTerm SOFR Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans or Daily Floating Rate Loans in other amounts pursuant to Section 2.7. Upon receipt of any such notice Loan Notice from the Borrower or any Subsidiary 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 Borrower or the relevant Subsidiary applicable Borrower at the Funding Office prior to 2:00 1:00 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 will then be made available to the Borrower or the relevant Subsidiary applicable Borrower by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary applicable Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent in writing with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (SunCoke Energy, Inc.)

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, ; provided that the Borrower or the relevant Subsidiary Borrower shall give the Administrative Agent an irrevocable notice (Notice of Borrowing which notice must be received by the Administrative Agent prior to 12:00 P.M. (a) 12:00 Noon, New York City time, three 3 U.S. Government Securities Business Days prior to the requested Borrowing Date, in the case of Eurocurrency SOFR Loans, or (b) 12:00 Noon, New York City Time, on 1 Business Day prior to the date of the proposed borrowingrequested Borrowing Date, in the case of ABR Loans) Loans (provided that any such notice Notice of a borrowing Borrowing of ABR Loans under the Revolving Facility to finance payments required by under Section 3.5 2.7(f) may be given not later than 12:00 Noon, New York City time, 10:00 A.M. on the date of the proposed borrowing), in each such case, specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and Date, (iii) in the case of Eurocurrency Loans, the respective amounts of each such Type of Loan, (iv) in the Currency with respect thereto and case of Term SOFR Borrowings, the respective lengths of the initial Interest Period therefor. If no election as , and (v) instructions for remittance of the proceeds of the applicable Loans to the Type of a Revolving Loan is specified in any such notice, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollarsborrowed. If no Interest Period is specified with respect to any Eurocurrency Loan is specified in any such noticerequested Term SOFR Borrowing, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one 1 month’s duration. Each borrowing 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 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, $5,000,000 or a whole multiple of $1,000,000 in excess thereof); provided, provided that the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.72.6. Upon receipt of any such notice Notice of Borrowing from the Borrower or any Subsidiary 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 or the relevant Subsidiary Borrower at the Revolving Loan Funding Office prior to 2:00 P.M., New York City time, 1:00 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 or the relevant Subsidiary Borrower by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify is designated in writing to the Administrative Agent in writing by the Borrower with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative AgentAgent or, if so specified in the Flow of Funds Agreement, the Administrative Agent shall wire transfer all or a portion of such aggregate amounts in accordance with the wire instructions specified in the Flow of Funds Agreement.

Appears in 1 contract

Samples: Credit Agreement (Sprout Social, Inc.)

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, ; provided that the Borrower or the relevant Subsidiary Borrower shall give the Administrative Agent an irrevocable notice Notice of Borrowing (which notice must be received by the Administrative Agent prior to 10:00 A.M. (a) 12:00 Noon, New York City time, three U.S. Government Securities Business Days prior to the requested Borrowing Date, in the case of Eurocurrency SOFR Loans, or (b) 12:00 Noon, New York City Time, on one Business Day prior to the date of the proposed borrowingrequested Borrowing Date, in the case of ABR Loans) (provided that any such notice Notice of a borrowing Borrowing of ABR Loans under the Revolving Facility to finance payments required by under Section 3.5 3.5(a) may be given not later than 12:00 Noon, New York City time, 10:00 A.M. on the date of the proposed borrowing), in each such case specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and Date, (iii) in the case of Eurocurrency SOFR Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto and the respective lengths of the initial Interest Period therefor. If no election as , and (iv) instructions for remittance of the proceeds of the applicable Loans to the Type of a Revolving Loan is specified in any such notice, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollarsborrowed. If no Interest Period is specified with respect to any Eurocurrency Loan is specified in any such noticerequested SOFR Loan, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s duration. Unless otherwise agreed by the Administrative Agent in its reasonable discretion, no Revolving Loan may be made as, converted into or continued as a SOFR Loan having an Interest Period in excess of one month prior to the date that is 30 days after the Closing Date. Each borrowing under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans or SOFR 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, $5,000,000 or a whole multiple of $1,000,000 in excess thereof); provided, provided that the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7. Upon receipt of any such notice Notice of Borrowing from the Borrower or any Subsidiary 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 or the relevant Subsidiary Borrower at the Revolving Loan Funding Office prior to 2:00 P.M., New York City time, 12:00 P.M. on the Borrowing Date requested by the Borrower in funds immediately available Same Day Funds to the Administrative Agent. Such borrowing will then be made available to the Borrower or the relevant Subsidiary Borrower by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify is designated in writing to the Administrative Agent in writing by the Borrower with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (SmartRent, Inc.)

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower or the relevant Subsidiary Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to (a) 12:00 Noon11:00 A.M., New York City time, three Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Eurodollar Loans, or (b) 12:00 Noon, 3:00 P.M. New York City Timetime, on one Business Day prior to the date of the proposed borrowingrequested 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 12:00 Noon10:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto Loan and the respective lengths of the initial Interest Period therefor. If no election as Any Revolving Loans made on the Closing Date shall initially be ABR Loans, unless Borrower has given notice to the Type of a Revolving Loan is specified in any Administrative Agent three Business Days prior to the Closing Date that such notice, then the requested borrowing Loans shall be an ABR Loan. If no Currency with respect to any Eurocurrency Eurodollar Loans is specified in any such notice, then and the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s durationPeriods related thereto. Each borrowing 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 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, $5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender Lenders may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7. Upon receipt of any such notice from the Borrower or any Subsidiary 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 or the relevant Subsidiary Borrower at the Funding Office prior to 2:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower or the relevant Subsidiary Borrower by the Administrative Agent (i) crediting the account of the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent in writing with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.the

Appears in 1 contract

Samples: Mortgage, Security Agreement (Metavante Technologies, Inc.)

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary Borrower may borrow under the Revolving Commitments during the Revolving Commitment Availability Period on any Business Day, ; provided that the Borrower or the relevant Subsidiary Borrower shall give the Administrative Agent its irrevocable notice (which notice, in the case of any Revolving Loans to be borrowed on the Acquisition Effective Date must be received in writing by the Administrative Agent prior to 12:00 Noon, New York City time, one Business Day prior to the Acquisition Effective Date), which may be given by (a) telephone or (b) a Committed Loan Notice; provided, that such notice may be contingent on the occurrence of a refinancing or the consummation of a sale, transfer, lease or other disposition of assets and may be revoked if the refinancing or sale, transfer, lease or other disposition of assets does not occur; provided further that any telephone notice must be confirmed promptly on the same date prior to 2:00 p.m. New York City time such telephonic notice is given by delivery to the Administrative Agent of a Committed Loan Notice. Such notice must be received by the Administrative Agent for any Revolving Loans requested to be made after the Acquisition Effective Date, prior to (a) 12:00 Noon, New York City time, (i) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurocurrency LoansLoans (four (4) Business Days prior to the requested Borrowing Date, in the case of a Eurocurrency Revolving Loan denominated in a Foreign Currency), or (bii) prior to 12:00 Noon, New York City Time, time on the date of the proposed borrowingrequested 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 to be made pursuant to Section 3.5 3.3 may be given not later than 12:00 Noon, New York City time, on the date of the proposed borrowing), specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurocurrency Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto and the respective lengths of the initial Interest Period therefor. If no election as to the Type of a Revolving Loan is specified in any such notice, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each borrowing 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 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, $5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7. Upon receipt of any such notice from the Borrower or any Subsidiary 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 or the relevant Subsidiary Borrower at the Funding Office prior to 2:00 P.M., New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower or the relevant Subsidiary Borrower by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent in writing with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.must specify

Appears in 1 contract

Samples: Credit Agreement (On Semiconductor Corp)

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day; PROVIDED, provided that the Borrower or the relevant Subsidiary Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to (a) 12:00 Noon, New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Eurodollar Loans, or (b) 12:00 Noon, New York City Time, on the date of the proposed borrowingrequested 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 12:00 Noon, New York City time, on the date of the proposed borrowing), specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto Loan and the respective lengths of the initial Interest Period therefor. If no election as to Any Revolving Loans made on the Type of a Revolving Loan is specified in any such notice, then the requested borrowing Closing Date shall initially be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s durationLoans. Each borrowing under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans, $1,000,000 15,000,000 or a whole multiple of $5,000,000 in excess thereof (or, if the then aggregate Available Revolving Commitments are less than $1,000,00015,000,000, such lesser amount) and (y) in the case of Eurocurrency Eurodollar Loans, $5,000,000 25,000,000 or a whole multiple of $1,000,000 5,000,000 in excess thereof; providedPROVIDED, that the any Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7SECTION 2.4. Upon receipt of any such notice from the Borrower or any Subsidiary Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata PRO RATA share of each borrowing available to the Administrative Agent for the account of the Borrower or the relevant Subsidiary Borrower at the Funding Office prior to 2:00 P.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 or the relevant Subsidiary Borrower by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent in writing with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent. Any borrowing made while any Swingline Loans are outstanding must be in an amount which is sufficient to repay such Swingline Loans, and such Swingline Loans shall be repaid with the proceeds thereof on the date of such borrowing.

Appears in 1 contract

Samples: Credit Agreement (Homeside Lending Inc)

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower or the relevant Subsidiary Borrower shall give the Administrative Agent irrevocable notice substantially in the form of Exhibit K (which notice must be received by the Administrative Agent prior to (a) 12:00 Noon11:00 A.M., New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Eurodollar Loans, or (b) 12:00 Noon, New York City Time, on one Business Day prior to the date of the proposed borrowingrequested 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 12:00 Noon1:00 P.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto Loan and the respective lengths of the initial Interest Period therefor. If no election as to Any Revolving Loans made on the Type of a Revolving Loan is specified in any such notice, then the requested borrowing Closing Date shall initially be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s durationLoans. Each borrowing 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 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, $5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7. Upon receipt of any such notice from the Borrower or any Subsidiary 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 or the relevant Subsidiary Borrower at the Funding Office prior to 2:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower or the relevant Subsidiary Borrower by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent in writing with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Advent Software Inc /De/)

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, ; provided that the Borrower or the relevant Subsidiary Borrower shall give the Administrative Agent irrevocable written notice pursuant to a Borrowing Notice (which notice must be received by the Administrative Agent (i) in the case of EurocurrencyTerm SOFR Loans, prior to (a) 12:00 Noon, New York City time, three Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Loans, Date or (bii) 12:00 Noon, New York City Time, on the date of the proposed borrowing, in the case of ABR Loans) (provided that any such notice of a borrowing of ABR Loans under the Revolving Facility , prior to finance payments required by Section 3.5 may be given not later than 12:00 Noon, New York City time, on the date of the proposed borrowingBorrowing Date), specifying (ix) the amount and Type of Revolving Loans to be borrowed, (iiy) the requested Borrowing Date and (iiiz) in the case of Eurocurrency EurocurrencyTerm SOFR Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto Loan and the respective lengths of the initial Interest Period therefor. If no election as to the Type of a Revolving Loan is specified in any such notice; provided, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such noticefurther, then that if the Borrower or the relevant Subsidiary Borrower shall be deemed wishes to have requested a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected request Term SOFR Loans having an Interest Period other than one, three or six months in duration as provided in the definition of one month’s duration“Interest Period,” the applicable notice must be received by the Administrative Agent not later than 11:00 a.m., New York City time, four Business Days prior to the requested date of such Borrowing, whereupon the Administrative Agent shall give prompt notice to the Revolving Lenders of such request and determine whether the requested Interest Period is acceptable to all of them. 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 EurocurrencyTerm SOFR Loans, $5,000,000 1,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7. Upon receipt of any such notice from the Borrower or any Subsidiary Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. and, in the case of a Borrowing requested pursuant to the second proviso to the first sentence of this Section 2.5, determine whether the requested Interest Period is acceptable to all of them. Not later than 11:00 a.m., New York City time, three Business Days before the requested date of any Borrowing requested pursuant to the second proviso to the first sentence of this Section 2.5, the Administrative Agent shall notify the Borrower (which notice may be by telephone) whether or not the requested Interest Period has been consented to by all of the Revolving Lenders and the Administrative Agent. 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 relevant Subsidiary Borrower at the Funding Office prior to 2:00 11:00 A.M. (or, in the case of ABR Loans being made pursuant to a notice delivered on the proposed Borrowing Date, 3:00 P.M.), New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower or the relevant Subsidiary Borrower by the Administrative Agent crediting the account of designated in writing by the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent in writing with the aggregate of the amounts made available to the Administrative Agent by the such Revolving Lenders and in like funds as received by the Administrative Agent. If no election as to the Type of a Revolving Loan is specified, then the requested Loan shall be an ABR Loan. If no Interest Period is specified with respect to any requested EurocurrencyTerm SOFR Loan, the Borrower shall be deemed to have selected an Interest Period of one month’s duration.

Appears in 1 contract

Samples: Credit Agreement (Booz Allen Hamilton Holding Corp)

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower or the relevant Subsidiary Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to (a) 12:00 Noon, New York City timetime and confirmed in writing by delivery of a notice substantially in the form of Exhibit J hereto (each a "Borrowing Notice"), (a) three Business Days prior to the requested Borrowing Date, in the case of Eurocurrency LIBOR Loans, or (b) 12:00 Noon, New York City Time, on one Business Day prior to the date of the proposed borrowingrequested Borrowing Date, in the case of ABR Base Rate 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 12:00 Noon, New York City time, on the date of the proposed borrowing), specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurocurrency LIBOR Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto Loan and the respective lengths of the initial Interest Period therefor. If no election as to Any Revolving Loans made on the Type of a Revolving Loan is specified in any such notice, then the requested borrowing Closing Date shall initially be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s durationBase Rate Loans. Each borrowing 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 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 LIBOR Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7. Upon receipt of any such notice from the Borrower or any Subsidiary 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 or the relevant Subsidiary Borrower at the Funding Office prior to 2:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower or the relevant Subsidiary Borrower by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary Borrower on the books of such office or (or, if so requested by Borrower, by wire transferring immediately available funds to such other bank account as the Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent in writing shall designate) with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Lifepoint Hospitals Holdings Inc)

Procedure for Revolving Loan Borrowing. Calculation of Borrowing Base. (a) The Parent Borrower and any the Subsidiary Borrower Borrower, as the case may be, may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower or the relevant Subsidiary such Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to (a) 12:00 Noon, New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Loans, or (b) 12:00 Noon, New York City Time, on the date of the proposed borrowingrequested Borrowing Date, in the case of ABR Alternate Base Rate 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 12:00 Noon, New York City time, on the date of the proposed borrowing), specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurocurrency Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto Loan and the respective lengths of the initial Interest Period therefor. If Any US Dollar Revolving Loans made on the Initial Closing Date shall initially be Alternate Base Rate Loans and, unless otherwise agreed by the Administrative Agent in its sole discretion, no election as to the Type of a Revolving Loan is specified in any such noticemay be made as, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower converted into or the relevant Subsidiary Borrower shall be deemed to have requested continued as a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected having an Interest Period in excess of one month’s durationmonth prior to the date that is 60 days after the Initial Closing Date. Each borrowing under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Alternate Base Rate Loans, $1,000,000 1 or a whole multiple 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, $5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7. Upon receipt of any such notice from the Parent Borrower or any the Subsidiary Borrower, as the case maybe, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each US Dollar 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 relevant Subsidiary such Borrower at the Funding Office prior to 2:00 P.M.3:00 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 will then be made available to the Borrower or the relevant Subsidiary such Borrower by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary such Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent in writing with the aggregate of the amounts made available to the Administrative Agent by the US Dollar Revolving Lenders and in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Act Manufacturing Inc

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, ; provided that the Borrower or the relevant Subsidiary Borrower shall give the Administrative Agent an irrevocable notice Notice of Borrowing (which notice must be received by the Administrative Agent prior to 12:00 P.M. (a) 12:00 Noon, New York City time, three (3) Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Eurodollar Loans, or (b) 12:00 Noon, New York City Time, on one (1) Business Day prior to the date of the proposed borrowingrequested Borrowing Date, in the case of ABR Loans) (provided that any such notice Notice of a borrowing Borrowing of ABR Loans under the Revolving Facility to finance payments required by under Section 3.5 3.5(a) may be given not later than 12:00 Noon, New York City time, P.M. on the date of the proposed borrowing), in each such case specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and Date, (iii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto 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. If Unless otherwise agreed by the Administrative Agent in its sole discretion, no election as to the Type of a Revolving Loan is specified in any such noticemay be made as, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower converted into or the relevant Subsidiary Borrower shall be deemed to have requested continued as a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Eurodollar Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected having an Interest Period in excess of one month’s durationmonth prior to the date that is 30 days after the Closing Date. Each borrowing 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, $5,000,000 or a whole multiple of $1,000,000 in excess thereof); provided, provided that the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7. Upon receipt of any such notice Notice of Borrowing from the Borrower or any Subsidiary 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 or the relevant Subsidiary Borrower at the Revolving Loan Funding Office prior to 2:00 P.M., New York City time, 12:00 P.M. on the Borrowing Date requested by the Borrower in funds immediately available Same Day Funds to the Administrative Agent. Such borrowing will then be made available to the Borrower or the relevant Subsidiary Borrower by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify is designated in writing to the Administrative Agent in writing by the Borrower with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative AgentAgent or, if so specified in the Flow of Funds Agreement, the Administrative Agent shall wire transfer or otherwise credit all or a portion of such aggregate amounts to SVB (for application against amounts then outstanding under the Existing Credit Facility), in accordance with the wire instructions specified for such purpose in the Flow of Funds Agreement.

Appears in 1 contract

Samples: Credit Agreement (Tenable Holdings, Inc.)

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower or the relevant Subsidiary Borrower shall give the Administrative Agent irrevocable notice substantially in the form of Exhibit J (which notice must be received by the Administrative Agent prior to (a) 12:00 Noon11:00 A.M., New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Eurodollar Loans, or (b) 12:00 Noon, New York City Time, on one Business Day prior to the date of the proposed borrowingrequested 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 12:00 Noon1:00 P.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto Loan and the respective lengths of the initial Interest Period therefor. If no election as to Any Revolving Loans made on the Type of a Revolving Loan is specified in any such notice, then the requested borrowing Closing Date shall initially be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s durationLoans. Each borrowing 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 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, $5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7. Upon receipt of any such notice from the Borrower or any Subsidiary 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 or the relevant Subsidiary Borrower at the Funding Office prior to 2:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower or the relevant Subsidiary Borrower by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent in writing with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Advent Software Inc /De/)

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary Borrower may borrow under the Revolving Commitments during the Revolving Commitment Availability Period on any Business Day, ; provided that the Borrower or the relevant Subsidiary Borrower shall give the Administrative Agent irrevocable notice substantially in the form of Exhibit B-1 (which notice must be received by the Administrative Agent prior to (a) prior to 12:00 Noon, New York City time, on the anticipated Restatement Date for any Revolving Loans requested to be made on the Restatement Date and (b) for any Revolving Loans. The Borrower may borrow under the Revolving Commitments during the Revolving Availability Period on any Business Day; provided that the Borrower shall give the Administrative Agent irrevocable notice substantially in the form of Exhibit B-1 (which notice must be received by the Administrative Agent for any Revolving Loans requested to be made after the RestatementAmendment No. 5 Effective Date, prior to 12:00 Noon, New York City time, (i) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Eurodollar Loans, or (bii) 12:00 Noon, New York City Time, on one (1) Business Day prior to the date of the proposed borrowingrequested Borrowing Date, in the case of ABR Base Rate Loans) (provided that any such notice of a borrowing of ABR Base Rate Loans under the Revolving Facility to finance payments required by to be made pursuant to Section 3.5 may be given not later than 12:00 Noon, New York City time, on the date of the proposed borrowing), specifying (ix) the amount and Type of Revolving Loans to be borrowed, (iiy) the requested Borrowing Date and (iiiz) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto Loan and the respective lengths of the initial Interest Period therefor. If no election as to the Type of a Revolving Loan is specified in any such notice, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each borrowing 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, $5,000,000 1,000,000 or a whole multiple of $1,000,000 100,000 in excess thereof; provided, that (x) the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Base Rate Loans in other amounts pursuant to Section 2.73.4 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 or any Subsidiary 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 or the relevant Subsidiary Borrower at the Funding Office prior to 2:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made The Administrative Agent shall make the proceeds of such Revolving Loan available to the Borrower or the relevant Subsidiary Borrower on such Borrowing Date by wire transfer of immediately available funds to a bank account designated in writing by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent in writing with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Microsemi Corp)

Procedure for Revolving Loan Borrowing. The Borrower ASC and any the Subsidiary Borrower Borrowers may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower or the relevant Subsidiary Borrower ASC shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to (a) 12:00 Noon11:00 A.M., New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Eurodollar Loans, or (b) 12:00 Noon, New York City Time, on the date of the proposed borrowingrequested Borrowing Date, in the case of ABR Loansloans) (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 12:00 Noon10:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) whether such borrowing is to be made under the Revolving A Commitments or the Revolving B Commitments or both (and if to be made under both the respective amounts to be borrowed under each), (ii) the amount and Type of Revolving Loans to be borrowedborrowed by each applicable Borrower, (ii) the requested Borrowing Date and Date, (iii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto Loan and the respective lengths of the initial Interest Period Periods therefor. If no election as to , (iv) if all or any portion of the Type proceeds of a Revolving Loan is specified in any such notice, then the requested borrowing will be used by ASC to make a payment to Triple Peaks LLC under the Triple Peaks Settlement Agreement, the amount to be so used (which request shall constitute a covenant by ASC that it will so use such amount for such purpose) and (v) if all or any portion of the proceeds of the requested borrowing will be an used by ASC to make a payment to purchase or redeem Senior Subordinated Notes when required by the redemption provisions of the Senior Subordinated Note Indenture, the amount to be so used (which request shall constitute a covenant by ASC that it will so use such amount for such purpose). Any Revolving Loans made on the Closing Date shall initially be ABR Loan. If Loans, and, unless otherwise agreed by the Administrative Agent in its sole discretion, no Currency with respect to any Eurocurrency Loans is specified in any such noticeRevolving Loan may be made as, then the Borrower converted into or the relevant Subsidiary Borrower shall be deemed to have requested continued as a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Eurodollar Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected having an Interest Period in excess of one month’s durationmonth prior to the date that is 60 days after the Closing Date; and provided further that borrowings under the Revolving Commitments (other than borrowings to finance payments required by Section 3.5) may be made not more frequently than once per day. Each borrowing of Eurodollar 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 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, $5,000,000 2,500,000 or a whole multiple of $1,000,000 500,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7. Upon receipt of any such notice from the Borrower or any Subsidiary BorrowerASC, the Administrative Agent shall promptly notify each applicable Revolving Lender thereof. Each applicable 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 relevant Subsidiary Borrower Borrower(s) at the Funding Office prior to 2:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower ASC in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower or the relevant Subsidiary Borrower by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent in writing with Borrower(s) the aggregate of the amounts made available to the Administrative Agent by the such Revolving Lenders and in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (American Skiing Co /Me)

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, ; provided that the Borrower or the relevant Subsidiary Borrower shall give the Administrative Agent an irrevocable notice Notice of Borrowing (which notice must be received by the Administrative Agent prior to 10:00 A.M. (a) 12:00 Noon, New York City time, three (3) Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Eurodollar Loans, or (b) 12:00 Noon, New York City Time, on one (1) Business Day prior to the date of the proposed borrowingrequested Borrowing Date, in the case of ABR Loans) (provided that any such notice Notice of a borrowing Borrowing of ABR Loans under the Revolving Facility to finance payments required by under Section 3.5 3.5(a) may be given not later than 12:00 Noon, New York City time, 10:00 A.M. on the date of the proposed borrowing), in each such case specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and Date, (iii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto 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. If Unless otherwise agreed by the Administrative Agent in its sole discretion, no election as to the Type of a Revolving Loan is specified in any such noticemay be made as, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower converted into or the relevant Subsidiary Borrower shall be deemed to have requested continued as a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Eurodollar Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected having an Interest Period in excess of one month’s durationmonth prior to the date that is 30 days after the Closing Date. Each borrowing 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, $5,000,000 or a whole multiple of $1,000,000 in excess thereof); provided, provided that the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7. Upon receipt of any such notice Notice of Borrowing from the Borrower or any Subsidiary 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 or the relevant Subsidiary Borrower at the Revolving Loan Funding Office prior to 2:00 P.M., New York City time, 12:00 P.M. on the Borrowing Date requested by the Borrower in funds immediately available Same Day Funds to the Administrative Agent. Such borrowing will then be made available to the Borrower or the relevant Subsidiary Borrower by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify is designated in writing to the Administrative Agent in writing by the Borrower with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative AgentAgent or, if so specified in the Flow of Funds Agreement, the Administrative Agent shall wire transfer or otherwise credit all or a portion of such aggregate amounts to SVB (for application against amounts then outstanding under the Existing Credit Facility), in accordance with the wire instructions specified for such purpose in the Flow of Funds Agreement.

Appears in 1 contract

Samples: Credit Agreement (Yext, Inc.)

Procedure for Revolving Loan Borrowing. The Borrower Subject to the terms and any Subsidiary conditions hereof, the Borrower may borrow under the Revolving Commitments Commitment during the Revolving Commitment Period on any Business Day, ; provided that the Borrower or the relevant Subsidiary Borrower shall give the Administrative Agent an irrevocable notice Notice of Borrowing (which notice must be received by the Administrative Agent prior to 10:00 A.M., Eastern time, (a) 12:00 Noon, New York City time, three (3) Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Eurodollar Loans, or (b) 12:00 Noon, New York City Time, on one (1) Business Day prior to the date of the proposed borrowingrequested Borrowing Date, in the case of ABR LoansLoans (in each case, with originals to follow within three (3) Business Days)) (provided that any such notice Notice of a borrowing Borrowing of ABR Loans under the Revolving Facility to finance payments required by under Section 3.5 3.5(a) may be given not later than 12:00 Noon10:00 A.M., New York City Eastern time, on the date of the proposed borrowing), specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and Date, (iii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto Loan and the respective lengths of the initial Interest Period therefor, and (iv) instructions for remittance of the applicable Loans to be borrowed. If Unless otherwise agreed by the Administrative Agent in its sole discretion, no election as to the Type of a Revolving Loan is specified in any such noticemay be made as, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower converted into or the relevant Subsidiary Borrower shall be deemed to have requested continued as a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Eurodollar Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected having an Interest Period in excess of one month’s duration(1) month prior to the date that is thirty (30) days after the Effective Date. Each borrowing under the Revolving Commitments Commitment 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, $5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7). Upon receipt of any such notice Notice of Borrowing from the Borrower or any Subsidiary 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 or the relevant Subsidiary Borrower at the Revolving Loan Funding Office prior to 2:00 12:00 P.M., New York City Eastern time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such Upon satisfaction of the applicable conditions set forth in Section 5.2, such borrowing will then be made available to the Borrower or the relevant Subsidiary Borrower by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify is designated in writing to the Administrative Agent in writing by the Borrower with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent. The Borrower promises to pay to the Administrative Agent, for the account of the Revolving Lenders, in accordance with their respective Revolving Percentages, all amounts due under the Revolving Loans on the Revolving Termination Date or such earlier date as required hereunder.

Appears in 1 contract

Samples: Credit Agreement (Enernoc Inc)

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary Borrower may borrow under the Revolving Commitments during the Revolving Commitment Availability Period on any Business Day, ; provided that the Borrower or the relevant Subsidiary Borrower shall give the Administrative Agent its irrevocable notice (which notice, in the case of any Revolving Loans to be borrowed on the Acquisition Effective Date must be received in writing by the Administrative Agent prior to 12:00 Noon, New York City time, one Business Day prior to the Acquisition Effective Date), which may be given by (a) telephone or (b) a Committed Loan Notice; provided, that such notice may be contingent on the occurrence of a refinancing or the consummation of a sale, transfer, lease or other disposition of assets and may be revoked if the refinancing or sale, transfer, lease or other disposition of assets does not occur; provided further that any telephone notice must be confirmed promptly on the same date prior to 2:00 p.m. New York City time such telephonic notice is given by delivery to the Administrative Agent of a Committed Loan Notice. Such notice must be received by the Administrative Agent for any Revolving Loans requested to be made after the Acquisition Effective Date, prior to (a) 12:00 Noon, New York City time, (i) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurocurrency LoansEurocurrencySOFR Loans (four (4) Business Days prior to the requested Borrowing Date, in the case of a EurocurrencySOFR Revolving Loan denominated in a Foreign Currency), or (bii) prior to 12:00 Noon, New York City Time, time on the date of the proposed borrowingrequested 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 to be made pursuant to Section 3.5 3.3 may be given not later than 12:00 Noon, New York City time, on the date of the proposed borrowing), specifying ) and must specify (iA) the amount and Type of Revolving Loans to be borrowed, (iiB) the requested Borrowing Date and (iiiC) in the case of Eurocurrency EurocurrencySOFR Revolving Loans, the respective amounts of each such Type of Loan, the Agreed Currency with respect thereto of each such Loan and the respective lengths of the initial Interest Period Periods therefor. If no election as to the Type of a Revolving Loan is specified in any such notice, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each borrowing under the Revolving Loan Commitments shall be in an amount a Dollar Amount equal to (xA) in the case of ABR Loans, $1,000,000 10,000,000 or a whole multiple in increments of $500,000 in excess thereof (or, if the then aggregate Available Revolving Commitments are less than $1,000,00010,000,000, such lesser amount) and (yB) in the case of Eurocurrency EurocurrencySOFR Loans, $5,000,000 10,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, provided that the Swingline Lender may request, on behalf borrowings of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.73.9 shall not be subject to the foregoing minimum amounts. Upon receipt of any such notice from the Borrower or any Subsidiary 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 or the relevant Subsidiary Borrower at the Funding Office prior to 2:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made The Administrative Agent shall make the proceeds of such Revolving Loan available to the Borrower or the relevant Subsidiary Borrower on such Borrowing Date by wire transfer of immediately available funds to a bank account designated in writing by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent in writing with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (On Semiconductor Corp)

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, ; provided that the Borrower or the relevant Subsidiary Borrower shall give the Administrative Agent an irrevocable notice Notice of Borrowing (which notice must be received by the Administrative Agent prior to 10:00 A.M. (a) 12:00 Noon, New York City time, three (3) U.S. Government Securities Business Days prior to the requested Borrowing Date, in the case of Eurocurrency SOFR Loans, or (b) 12:00 Noon, New York City Time, on one (1) Business Day prior to the date of the proposed borrowingrequested Borrowing Date, in the case of ABR Loans) (provided that any such notice Notice of a borrowing Borrowing of ABR Loans under the Revolving Facility to finance payments required by under Section 3.5 3.5(a) may be given not later than 12:00 Noon, New York City time, 10:00 A.M. on the date of the proposed borrowing), in each such case specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and Date, (iii) in the case of Eurocurrency SOFR Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto Loan and the respective lengths of the initial Interest Period therefor. If no election as , and (iv) instructions for remittance of the proceeds of the applicable Loans to the Type of a Revolving Loan is specified in any such notice, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollarsborrowed. If no Interest Period is specified with respect to any Eurocurrency Loan is specified in any such noticerequested SOFR Loan, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one (1) month’s duration. Unless otherwise agreed by the Administrative Agent in its sole discretion, no Revolving Loan may be made 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. Each borrowing 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 Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof); provided, provided that the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7. Upon receipt of any such notice Notice of Borrowing from the Borrower or any Subsidiary 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 or the relevant Subsidiary Borrower at the Revolving Loan Funding Office prior to 2:00 P.M., New York City time, 10:00 A.M. on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower or the relevant Subsidiary Borrower by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify is designated in writing to the Administrative Agent in writing by the Borrower with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.. 2.6

Appears in 1 contract

Samples: Credit Agreement (Brilliant Earth Group, Inc.)

Procedure for Revolving Loan Borrowing. (a) The Borrower and any Subsidiary Borrower U.S. Borrowers may borrow under the U.S. Revolving Commitments during the U.S. Revolving Commitment Period on any Business Day, provided PROVIDED that the Borrower or the relevant Subsidiary Borrower NSP shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to (a) 12:00 Noon, New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Eurodollar Loans, or (b) 12:00 Noon, New York City Time, on one Business Day prior to the date of the proposed borrowingrequested 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 12:00 Noon, New York City time, on the date of the proposed borrowing), specifying (i) the amount and Type of U.S. Revolving Loans to be borrowed, (ii) the requested Borrowing Date Date, (iii) the account to which the proceeds of such Loans should be transferred and (iiiiv) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto Loan and the respective lengths of the initial Interest Period therefor. If Any U.S. Revolving Loans made on the Closing Date shall initially be ABR Loans and, unless otherwise agreed by the Administrative Agent in its sole discretion, no election as to the Type of a U.S. Revolving Loan is specified in any such noticemay be made as, then the requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower converted into or the relevant Subsidiary Borrower shall be deemed to have requested continued as a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Eurodollar Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected having an Interest Period in excess of one month’s durationmonth prior to the date that is the earlier of (x) 10 days after the Closing Date and (y) the date the Administrative Agent and Syndication Agent notify NSP that the syndication of the Loans has closed, PROVIDED that, during the 10-day period described in the foregoing clause (x), NSP may (anything in the definition of the term "Interest Period" to the contrary notwithstanding) select Interest Periods that end on or before the last day of such 10-day period so long as Interest Periods of the selected length are available to all U.S. Revolving Lenders. Each borrowing under the U.S. Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans, $1,000,000 or a whole multiple thereof (or, if 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, $5,000,000 or a whole multiple of $1,000,000 in excess thereof; providedPROVIDED, that the U.S. Swingline Lender may request, on behalf of the Borrower or any Subsidiary BorrowerNSP, borrowings under the U.S. Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.72.5. Upon receipt of any such notice from the Borrower or any Subsidiary BorrowerNSP, the Administrative Agent shall promptly notify each U.S. Revolving Lender thereof. 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 Borrower or the relevant Subsidiary Borrower Borrowers at the Funding Office prior to 2:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower NSP in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower or the relevant Subsidiary Borrower U.S. Borrowers by the Administrative Agent crediting transferring to the account of the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent in writing with Borrowers specified by NSP the aggregate of the amounts made available to the Administrative Agent by the U.S. Revolving Lenders and in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Norcross Capital Corp)

Procedure for Revolving Loan Borrowing. (a) The Borrower and any Subsidiary Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower or the relevant Subsidiary Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to (a) 12:00 Noon11:00 A.M., New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Eurodollar Loans, or (b) 12:00 Noon, New York City Time, on the date day of the proposed borrowingrequested 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 12:00 Noon10:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurocurrency Eurodollar Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto Loan and the respective lengths of the initial Interest Period therefor. If no election as to Unless otherwise specifically requested in the Type of a Revolving Loan is specified in any such respective borrowing notice, then any Revolving Loans made on the requested borrowing Closing Date shall initially be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have selected an Interest Period of one month’s durationLoans. Each borrowing 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 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, $5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.7. Upon receipt of any such notice from the Borrower or any Subsidiary 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 or the relevant Subsidiary Borrower at the Funding Office prior to 2:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower or the relevant Subsidiary Borrower by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent in writing with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Newpark Resources Inc)

Procedure for Revolving Loan Borrowing. The Borrower and any Subsidiary Each Borrower may borrow under the Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower or the relevant Subsidiary applicable Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to (a) 12:00 Noonnoon, New York City time, three Business Days prior to the requested Borrowing Date, if all or any part of the requested Revolving Loans are to be Eurocurrency Rate Loans denominated in the case of Eurocurrency LoansDollars, or (b) 11:00 A.M., Local Time, four Business Days prior to the requested Borrowing Date, if all or any part of the requested Revolving Loans are to be Eurocurrency Rate Loans denominated in Alternative Currencies (other than Special Notice Currencies), (c) 11:00 A.M., Local Time, five Business Days prior to the requested Borrowing Date, if all or any part of the requested Revolving Loans are to be Eurocurrency Rate Loans denominated in Special Notice Currency or (d) 12:00 Noonnoon, New York City Timetime, on the date of the proposed borrowingrequested Borrowing Date, in the case of ABR Loans) with respect to Base Rate Loans (provided that any such notice of a borrowing of ABR Base Rate Loans under the Revolving Facility to finance payments required by Section 3.5 3.05 may be given not later than 12:00 Noon10:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount and Type of Revolving Loans to be borrowed, (ii) the requested Borrowing Date and Date, (iii) in the case of Eurocurrency Rate Loans, CDOR Rate Loans, HIBOR Rate Loans or Mexican Peso Rate Loans, the respective amounts of each such Type of Loan, the Currency with respect thereto Loan and the respective lengths of the initial Interest Period therefor, (iv) the currency of the Revolving Loans to be borrowed, and (v) if applicable, the Designated Borrower. If no election as the Company fails to the Type of specify a Revolving Loan is specified currency in any such notice, then the Revolving Loans so requested borrowing shall be an ABR Loan. If no Currency with respect to any Eurocurrency Loans is specified in any such notice, then the Borrower or the relevant Subsidiary Borrower shall be deemed to have requested a borrowing denominated in Dollars. If no Interest Period with respect to any Eurocurrency Loan is specified in any such notice, then Any Revolving Loans made on the Borrower or the relevant Subsidiary Borrower Closing Date shall initially be deemed to have selected an Interest Period of one month’s durationBase Rate Loans. Each borrowing 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 Rate Loans, CDOR Rate Loans, HIBOR Rate Loans and Mexican Peso Rate Loans, $5,000,000 2,000,000 or a whole multiple of $1,000,000 500,000 in excess thereofthereof (or the Dollar Equivalent thereof with respect to Loans in any Alternative Currency); provided, that the Swingline Lender may request, on behalf of the Borrower or any Subsidiary Borrower, borrowings under the Revolving Commitments that are ABR Base Rate Loans in other amounts pursuant to Section 2.72.07. Upon receipt of any such notice from the Borrower or any Subsidiary 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 Borrower or the relevant Subsidiary such Borrower at the Funding Office or any Applicable Payment Office (in the case of a Loan denominated in an Alternative Currency) prior to (i) 11:00 A.M., New York City time in the case of Eurocurrency Rate Loans denominated in Dollars, (ii) 12:00 noon, Local Time in the case of each Eurocurrency Rate Loan denominated in an Alternative Currency (other than Swiss Francs) and 8:00 A.M., Local Time in the case of each Eurocurrency Rate Loan denominated in Swiss Francs and (iii) 2:00 P.M., New York City timetime in the case of Base Rate Loans, 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 or the relevant Subsidiary applicable Borrower by the Administrative Agent crediting the account of the Borrower or the relevant Subsidiary applicable Borrower on the books of such office or such other account as the Borrower or relevant Subsidiary Borrower may specify to the Administrative Agent in writing with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Columbus McKinnon Corp)

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