Common use of Refinancing of Canadian Swing Line Loans Clause in Contracts

Refinancing of Canadian Swing Line Loans. (A) The Canadian Swing Line Lender at any time in its sole and absolute discretion may request, on behalf of the Canadian Borrower (which hereby irrevocably requests the Canadian Swing Line Lender to so request on its behalf), that each Canadian Lender make a Committed Base Rate Loan in an amount equal to such Lender’s Pro Rata Share of the amount of Canadian Swing Line Loans then outstanding. Such request shall be made in accordance with the requirements of Section 2.02, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans, but subject to the unutilized portion of the Aggregate Canadian Commitments and the conditions set forth in Section 4.02. The Canadian Swing Line Lender shall furnish the Canadian Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Canadian Administrative Agent. Each Canadian Lender shall make an amount equal to its Pro Rata Share of the amount specified in such Committed Loan Notice available to the Canadian Administrative Agent in immediately available funds for the account of the Canadian Swing Line Lender at the Administrative Agent’s Office of the Canadian Administrative Agent not later than 11:00 a.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.05(c)(ii)(B), each Canadian Lender that so makes funds available shall be deemed to have made a Base Rate Committed Loan to the Canadian Borrower in such amount. The Canadian Administrative Agent shall remit the funds so received to the Canadian Swing Line Lender.

Appears in 3 contracts

Samples: Credit Agreement (Corinthian Colleges Inc), Credit Agreement (Corinthian Colleges Inc), Credit Agreement (Corinthian Colleges Inc)

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Refinancing of Canadian Swing Line Loans. (A) The Canadian Swing Line Lender at any time in its sole and absolute discretion may request, no later than 12:00 p.m. (Toronto time), on any Business Day, on behalf of the applicable Canadian Borrower Borrower(s) (which and the Canadian Borrowers hereby irrevocably requests authorize the Canadian Swing Line Lender to so request on its behalf), that each Canadian Lender make (1) with respect to Canadian Swing Line Loans denominated in Dollars, a Committed Canadian Revolving Loan that is a Canadian Base Rate Loan in an amount equal to such Canadian Lender’s Pro Rata Share Applicable Percentage of the amount of the Canadian Swing Line Lender’s Canadian Swing Line Loans denominated in Dollars then outstanding and (2) with respect to Canadian Swing Line Loans denominated in Canadian Dollars, a Canadian Revolving Loan that is a Canadian Prime Rate Loan in an amount equal to such Canadian Lender’s Applicable Percentage of the amount of the Canadian Swing Line Lender’s Canadian Swing Line Loans denominated in Canadian Dollars then outstanding. Such request shall be made in writing (which written request shall be deemed to be a Canadian Loan Notice for purposes hereof) and in accordance with the requirements of Section 2.02, without regard to the minimum and multiples specified therein for the principal amount of Canadian Base Rate Loans or Canadian Prime Rate Loans, as applicable, but subject to the unutilized portion of the Aggregate Canadian Commitments and the conditions set forth in Section 4.02. The Canadian Swing Line Lender shall furnish the applicable Canadian Borrower Borrower(s) with a copy of the applicable Committed Canadian Loan Notice promptly after delivering such notice to the Canadian Administrative Agent. Each Canadian Lender shall make an amount equal to its Pro Rata Share Applicable Percentage of the amount specified in such Committed Canadian Loan Notice available to the Canadian Administrative Agent in immediately Same Day Funds (and the Canadian Agent may apply Cash Collateral available funds with respect to the applicable Canadian Swing Line Loan) for the account of the Canadian Swing Line Lender at the Administrative Agent’s Head Office of for the Canadian Administrative Agent for Dollar-denominated payments or Canadian Dollar-denominated payments, as applicable, not later than 11:00 a.m. 5:00 p.m. (Toronto time), on the day specified in Business Day such Committed Canadian Loan NoticeNotice is received (if such Canadian Loan Notice was received by 12:00 p.m. (Toronto time) on such Business Day) or 10:00 a.m. (Toronto time), on the immediately succeeding Business Day (if such Canadian Loan Notice was received after 12:00 p.m. (Toronto time)), as applicable, whereupon, subject to Section 2.05(c)(ii)(B2.04(c)(ii)(B), each Canadian Lender that so makes funds available shall be deemed to have made a Canadian Revolving Loan that is a Canadian Base Rate Committed Loan or a Canadian Prime Rate Loan, as applicable, to the applicable Canadian Borrower Borrower(s) in such amount. The Canadian Administrative Agent shall remit the funds so received to the Canadian Swing Line Lender.

Appears in 2 contracts

Samples: Global Revolving Credit Agreement (Ryder System Inc), Global Revolving Credit Agreement (Ryder System Inc)

Refinancing of Canadian Swing Line Loans. (Ai) The Canadian Swing Line Lender at any time in its sole and absolute discretion may request, on behalf of the Canadian Borrower (which hereby irrevocably requests authorizes the Canadian Swing Line Lender to so request on its behalf), that each Canadian Revolver Lender make a Committed Canadian Base Rate Loan or Canadian Prime Rate Loan, as applicable, in an amount equal to such that Lender’s Pro Rata Share Canadian Revolver Percentage of the amount of Canadian Swing Line Loans then outstanding; provided that the Swing Line Lender shall be deemed to have made such a request as of the Wednesday of each week (provided that if such day is not a Business Day, such request shall be deemed to have been made as of the next succeeding Business Day) unless the Swing Line Lender shall otherwise notify the Canadian Revolver Lenders. Such request shall be made in writing (which written request shall be deemed to be a Notice of Borrowing for purposes hereof) and in accordance with the requirements of Section 2.022.2, without regard to the minimum and multiples specified therein for the principal amount of Canadian Base Rate Loans or Canadian Prime Rate Loans, as applicable, or the time for borrowing, but subject to the unutilized portion of the Aggregate Canadian Commitments Revolver and the conditions set forth in Section 4.0211.2. The Canadian Swing Line Lender shall furnish the Canadian Borrower with a copy of the applicable Committed Loan Notice of Borrowing promptly after delivering such notice to the Canadian Administrative Agent. Each Canadian Revolver Lender shall make an amount equal to its Pro Rata Share Canadian Revolver Percentage of the amount specified in such Committed Loan Notice of Borrowing available to the Canadian Administrative Agent in immediately available funds for the account of the Canadian Swing Line Lender at the Administrative AgentBank of America-Canada Branch’s Office of the Canadian Administrative Agent office not later than 11:00 a.m. 12:00 noon on the day specified in such Committed Loan NoticeNotice of Borrowing, whereupon, subject to Section 2.05(c)(ii)(B2.4.2(c)(ii), each Canadian Revolver Lender that so makes funds available shall be deemed to have made a Canadian Base Rate Committed Loan or Canadian Prime Rate Loan, as applicable, to the Canadian Borrower in such amount. The Canadian Administrative Agent shall remit the funds so received to the Canadian Swing Line Lender.

Appears in 2 contracts

Samples: Credit Agreement (Ryerson Holding Corp), Credit Agreement (Ryerson Inc.)

Refinancing of Canadian Swing Line Loans. (Ai) The Canadian Swing Line Lender at any time in its sole and absolute discretion may request, on behalf of the Canadian Borrower (which hereby irrevocably requests authorizes the Canadian Swing Line Lender to so request on its behalf), that each Canadian Lender make (x) a Committed Dollar-denominated Revolving Loan that is a Base Rate Loan in a Dollar Equivalent amount equal to such Lender’s Applicable Percentage of the amount of Canadian Swing Line Loans then outstanding or (y) is such Canadian Swing Line Loan is denominated in Canadian Dollars, upon the request of the Canadian Borrower and the agreement of the Canadian Swing Line Lender, a Canadian Dollar-denominated Revolving Loan that is a Eurocurrency Rate Loan with an Interest Period of one month in an amount equal to such Lender’s Pro Rata Share Applicable Percentage of the amount of Canadian Swing Line Loans then outstanding. Such request shall be made in writing (which written request shall be deemed to be a Revolving Loan Notice for purposes hereof) and in accordance with the requirements of Section 2.02, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans or Eurocurrency Rate Loans, as applicable, but subject to the unutilized portion of the Aggregate Canadian Commitments and the conditions set forth in Section 4.025.02 (other than the absence of any Default or the delivery of a Revolving Loan Notice) and provided that, after giving effect to such Borrowing, the Total Revolving Outstandings shall not exceed the Aggregate Revolving Commitments. The Canadian Swing Line Lender shall furnish the Company and the Canadian Borrower with a copy of the applicable Committed Revolving Loan Notice promptly after delivering such notice to the Canadian Administrative Agent. Each Canadian Lender shall make an amount equal to its Pro Rata Share Applicable Percentage of the amount specified in such Committed Revolving Loan Notice available to the Canadian Administrative Agent in immediately available funds Same Day Funds for the account of the Canadian Swing Line Lender at (A) the Administrative Agent’s Office of the Canadian Administrative Agent for Dollar-denominated deposits not later than 11:00 a.m. 1:00 p.m. on the day specified in such Committed Revolving Loan Notice, or (B) the Administrative Agent’s office for Canadian Dollar-denominated deposits not later than the Applicable Time specified by the Administrative Agent, as applicable, whereupon, subject to Section 2.05(c)(ii)(B2.05(c)(ii), each Canadian Lender that so makes funds available shall be deemed to have made (and the Canadian Borrower shall be deemed to have borrowed) a Revolving Loan in Dollars that is a Base Rate Committed Loan or a Eurocurrency Rate Loan, as applicable, to the Canadian Borrower in such amount. The Canadian Administrative Agent shall remit the funds so received to the Canadian Swing Line LenderLender who shall apply such funds to the repayment of outstanding Canadian Swing Line Loans.

Appears in 1 contract

Samples: Credit Agreement (Navigant Consulting Inc)

Refinancing of Canadian Swing Line Loans. (Ai) The Canadian Swing Line Lender at any time in its sole and absolute discretion (but at least once per week) may request, on behalf of the Canadian Borrower (which hereby irrevocably requests authorizes the Canadian Swing Line Lender to so request on its behalf), that each Canadian Appropriate Lender make a Committed Canadian Base Rate Loan or Canadian Prime Rate Loan, as applicable, in an amount equal to such Lender’s Pro Rata Share Applicable Percentage of the amount of Canadian Swing Line Loans then outstanding. Such request shall be made in writing (which written request shall be deemed to be a Committed Loan Notice for purposes hereof) and in accordance with the requirements of Section 2.02, without regard to the minimum and multiples specified therein for the principal amount of Canadian Base Rate Loans and Canadian Prime Rate Loans, but subject to the unutilized portion of the Aggregate Canadian Commitments Revolving Credit Facility and the conditions set forth in Section 4.02. The Canadian Swing Line Lender shall furnish the Canadian Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Canadian Administrative Agent. Each Canadian Appropriate Lender shall make an amount equal to its Pro Rata Share Applicable Percentage of the amount specified in such Committed Loan Notice available to the Canadian Administrative Agent in immediately available funds for the account of the Canadian Swing Line Lender at the Administrative Agent’s Office of the Canadian Administrative Agent not later than 11:00 a.m. 1:00 p.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.05(c)(ii)(B2.04(B)(c)(ii), each Canadian Appropriate Lender that so makes funds available shall be deemed to have made a Base Rate Committed Loan or Canadian Prime Rate Loan, as the case may be, to the Canadian Borrower in such amount. The Canadian Administrative Agent shall remit the funds so received to the Canadian Swing Line Lender.

Appears in 1 contract

Samples: Credit Agreement (Ply Gem Holdings Inc)

Refinancing of Canadian Swing Line Loans. (Ai) The Canadian Swing Line Lender at any time in its sole and absolute discretion may request, on behalf of the Canadian Borrower (which hereby irrevocably requests authorizes the Canadian Swing Line Lender to so request on its behalf), that each Canadian Lender make a Canadian Prime Rate Committed Loan or a Canadian Base Rate Loan Committed Loan, as applicable, in an amount equal to such Canadian Lender’s Pro Rata Share of the amount of Canadian Swing Line Loans then outstanding. Such request shall be made in writing (which written request shall be deemed to be a Canadian Committed BorrowingLoan Notice for purposes hereof) and in accordance with the requirements of Section 2.023.02,2.02, without regard to the minimum and multiples specified therein for the principal amount of Canadian Prime Rate Committed Loans or Canadian Base Rate Committed Loans, but subject to the unutilized portion of the Aggregate Canadian Commitments and the conditions set forth in Section 4.026.02. The Canadian Swing Line Lender shall furnish the Canadian Borrower with a copy of the applicable Canadian Committed Loan BorrowingLoan Notice promptly after delivering such notice to the Canadian Administrative Agent. Each Canadian Lender shall make an amount equal to its Pro Rata Share of the amount specified in such Canadian Committed Loan BorrowingLoan Notice available to the Canadian Administrative Agent in immediately available funds (and the Administrative Agent may apply Cash Collateral available with respect to the applicable Canadian Swing Line Loan) for the account of the Canadian Swing Line Lender at the Administrative Agent’s Office of the Canadian Administrative Agent not later than 11:00 a.m. 1:00 p.m. on the day specified in such Canadian Committed Loan BorrowingLoan Notice, whereupon, subject to Section 2.05(c)(ii)(B3.052.05(c)(ii), each Canadian Lender that so makes funds available shall be deemed to have made a Canadian Prime Rate Committed Loan or Canadian Base Rate Committed Loan Loan, as applicable, to the Canadian Borrower in such amount. The Canadian Administrative Agent shall remit the funds so received to the Canadian Swing Line Lender.

Appears in 1 contract

Samples: Credit Agreement (Devon Energy Corp/De)

Refinancing of Canadian Swing Line Loans. (Ai) The Canadian Swing Line Lender at any time in its sole and absolute discretion (but at least once per week) may request, on behalf of the Canadian Borrower (which hereby irrevocably requests authorizes the Canadian Swing Line Lender to so request on its behalf), that each Canadian Appropriate Lender make a Committed Canadian Base Rate Loan or Canadian Prime Rate Loan, as applicable, in an amount equal to such Lender’s Pro Rata Share Applicable Percentage of the amount of Canadian Swing Line Loans then outstanding. Such request shall be made in writing (which written request shall be deemed to be a Committed Loan Notice for purposes hereof) and in accordance with the requirements of Section 2.02, without regard to the minimum and multiples specified therein for the principal amount of Canadian Base Rate Loans and Canadian Prime Rate Loans, but subject to the unutilized portion of the Aggregate Canadian Commitments Revolving Credit Facility and the conditions set forth in Section 4.02. The Canadian Swing Line Lender shall furnish the Canadian Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Canadian Administrative Agent. Each Canadian Appropriate Lender shall make an amount equal to its Pro Rata Share Applicable Percentage of the amount specified in such Committed Loan Notice available to the Canadian Administrative Agent in immediately available funds for the account of the Canadian Swing Line Lender at the Administrative Agent’s Office of the Canadian Administrative Agent not later than 11:00 a.m. 3:00 p.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.05(c)(ii)(B2.04(B)(c)(ii), each Canadian Appropriate Lender that so makes funds available shall be deemed to have made a Base Rate Committed Loan or Canadian Prime Rate Loan, as the case may be, to the Canadian Borrower in such amount. The Canadian Administrative Agent shall remit the funds so received to the Canadian Swing Line Lender.

Appears in 1 contract

Samples: Credit Agreement (Broan-NuTone LLC)

Refinancing of Canadian Swing Line Loans. (Ai) The Canadian Swing Line Lender at any time in its sole and absolute discretion (but at least once per week) may request, on behalf of the Canadian Borrower (which hereby irrevocably requests authorizes the Canadian Swing Line Lender to so request on its behalf), that each Canadian Revolving Credit Lender make a Committed Canadian Base Rate Loan or Canadian Prime Rate Loan, as applicable, in an amount equal to such Lender’s Pro Rata Share Applicable Percentage of the amount of Canadian Swing Line Loans then outstanding. Such request shall be made in writing (which written request shall be deemed to be a Committed Loan Notice for purposes hereof) and in accordance with the requirements of Section 2.02, without regard to the minimum and multiples specified therein for the principal amount of Canadian Base Rate Loans and Canadian Prime Rate Loans, but subject to the unutilized portion of the Aggregate Canadian Commitments Revolving Credit Facility and the conditions set forth in Section 4.02. The Canadian Swing Line Lender shall furnish the Canadian Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Canadian Administrative Agent. Each Canadian Revolving Credit Lender shall make an amount equal to its Pro Rata Share Applicable Percentage of the amount specified in such Committed Loan Notice available to the Canadian Administrative Agent in immediately available funds for the account of the Canadian Swing Line Lender at the Administrative Agent’s Office of the Canadian Administrative Agent not later than 11:00 a.m. 3:00 p.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.05(c)(ii)(B2.04(B)(c)(ii), each Canadian Revolving Credit Lender that so makes funds available shall be deemed to have made a Base Rate Committed Loan or Canadian Prime Rate Loan, as the case may be, to the Canadian Borrower in such amount. The Canadian Administrative Agent shall remit the funds so received to the Canadian Swing Line Lender.

Appears in 1 contract

Samples: Credit Agreement (Nortek Inc)

Refinancing of Canadian Swing Line Loans. (Ai) The Canadian Swing Line Lender at any time in its sole and absolute discretion (but at least once per week) may request, on behalf of the Canadian Borrower Borrowers (which hereby irrevocably requests authorize the Canadian Swing Line Lender to so request on its their behalf), that each Canadian Appropriate Lender make a Committed Canadian Base Rate Loan or Canadian Prime Rate Loan, as applicable, in an amount equal to the sum of such Lender’s Pro Rata Share Applicable Percentage of the amount of Canadian Swing Line Loans then outstandingoutstanding and any Defaulting Lender’s Applicable Percentage of such Canadian Swing Line Loans that has been reallocated to such Lender pursuant to Section 2.04(B)(b). Such request shall be made in writing (which written request shall be deemed to be a Committed Loan Notice for purposes hereof) and in accordance with the requirements of Section 2.02, without regard to the minimum and multiples specified therein for the principal amount of Canadian Base Rate Loans and Canadian Prime Rate Loans, but subject to the unutilized portion of the Aggregate Canadian Commitments Revolving Credit Facility and the conditions set forth in Section 4.02. The Canadian Swing Line Lender shall furnish the Canadian Borrower Borrowers with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Canadian Administrative Agent. Each Canadian Appropriate Lender shall make an amount equal to its Pro Rata Share the sum of such Lender’s Applicable Percentage of the amount specified in such Committed Loan Notice and any Defaulting Lender’s 84 Applicable Percentage of such amount that has been reallocated to such Lender pursuant to Section 2.04(B)(b) available to the Canadian Administrative Agent in immediately available funds for the account of the Canadian Swing Line Lender at the Administrative Agent’s Office of the Canadian Administrative Agent not later than 11:00 a.m. 1:00 p.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.05(c)(ii)(B2.04(B)(c)(ii), each Canadian Appropriate Lender that so makes funds available shall be deemed to have made a Base Rate Committed Loan or Canadian Prime Rate Loan, as the case may be, to the applicable Canadian Borrower in such amount. The Canadian Administrative Agent shall remit the funds so received to the Canadian Swing Line Lender.

Appears in 1 contract

Samples: Credit Agreement (Ply Gem Holdings Inc)

Refinancing of Canadian Swing Line Loans. (Ai) The Canadian Swing Line Lender at any time in its sole and absolute discretion may request, on behalf of the applicable Canadian Borrower (which hereby irrevocably requests authorizes the Canadian Swing Line Lender to so request on its behalf), that each Canadian Lender make a Canadian Prime Rate Committed Base Rate Loan in an amount equal to such Canadian Lender’s Pro Rata Share of the amount of the Canadian Swing Line Loans then outstanding. Such request shall be made in writing (which written request shall be deemed to be a Canadian Committed Borrowing Notice for purposes hereof) and in accordance with the requirements of Section 2.023.02, without regard to the minimum and multiples specified therein for the principal amount of Base Canadian Prime Rate Committed Loans, but subject to the unutilized portion of the Aggregate Canadian Commitments first proviso set forth in Section 3.01 and the conditions set forth in Section 4.026.02. The Canadian Swing Line Lender shall furnish the applicable Canadian Borrower with a copy of the applicable Canadian Committed Loan Borrowing Notice promptly after delivering such notice to the Canadian Administrative Agent. Each Canadian Lender shall make an amount equal to its Pro Rata Share of the amount specified in such Canadian Committed Loan Borrowing Notice available to the Canadian Administrative Agent in immediately available funds for the account of the Canadian Swing Line Lender at the Administrative Agent’s Office of the Canadian Administrative Agent not later than 11:00 a.m. 1:00 p.m. on the day specified in such Canadian Committed Loan Borrowing Notice, whereupon, subject to Section 2.05(c)(ii)(B3.05(c)(ii), each Canadian Lender that so makes funds available shall be deemed to have made a Base Canadian Prime Rate Committed Loan to the applicable Canadian Borrower in such amount. The Canadian Administrative Agent shall remit the funds so received to the Canadian Swing Line Lender.

Appears in 1 contract

Samples: Credit Agreement (Burlington Resources Inc)

Refinancing of Canadian Swing Line Loans. (Ai) The Canadian Swing Line Lender at any time in its sole and absolute discretion may request, on behalf of the applicable Canadian Borrower (which hereby irrevocably requests authorizes the Canadian Swing Line Lender to so request on its behalf), that each Canadian Lender make a Canadian Prime Rate Committed Loan or a Canadian Base Rate Loan Committed Loan, as applicable, in an amount equal to such Canadian Lender’s Pro Rata Share of the amount of Canadian Swing Line Loans then outstanding. Such request shall be made in writing (which written request shall be deemed to be a Canadian Committed Borrowing Notice for purposes hereof) and in accordance with the requirements of Section 2.023.02, without regard to the minimum and multiples specified therein for the principal amount of Canadian Prime Rate Committed Loans or Canadian Base Rate Committed Loans, but subject to the unutilized portion of the Aggregate Canadian Commitments and the conditions set forth in Section 4.026.02. The Canadian Swing Line Lender shall furnish the applicable Canadian Borrower with a copy of the applicable Canadian Committed Loan Borrowing Notice promptly after delivering such notice to the Canadian Administrative Agent. Each Canadian Lender shall make an amount equal to its Pro Rata Share of the amount specified in such Canadian Committed Loan Borrowing Notice available to the Canadian Administrative Agent in immediately available funds for the account of the Canadian Swing Line Lender at the Administrative Agent’s Office of the Canadian Administrative Agent not later than 11:00 a.m. 1:00 p.m. on the day specified in such Canadian Committed Loan Borrowing Notice, whereupon, subject to Section 2.05(c)(ii)(B3.05(c)(ii), each Canadian Lender that so makes funds available shall be deemed to have made a Canadian Prime Rate Committed Loan or Canadian Base Rate Committed Loan Loan, as applicable, to the Canadian Borrower in such amount. The Canadian Administrative Agent shall remit the funds so received to the Canadian Swing Line Lender.

Appears in 1 contract

Samples: Credit Agreement (Devon Energy Corp/De)

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Refinancing of Canadian Swing Line Loans. (Ai) The Canadian Swing Line Lender at any time in its sole and absolute discretion may request, on behalf of the Canadian Borrower (which hereby irrevocably requests authorizes the Canadian Swing Line Lender to so request on its behalf), that each Canadian Lender make a Canadian Prime Rate Committed Loan or a Canadian Base Rate Loan Committed Loan, as applicable, in an amount equal to such Canadian Lender’s Pro Rata Share of the amount of Canadian Swing Line Loans then outstanding. Such request shall be made in writing (which written request shall be deemed to be a Canadian Committed Borrowing Notice for purposes hereof) and in accordance with the requirements of Section 2.023.02, without regard to the minimum and multiples specified therein for the principal amount of Canadian Prime Rate Committed Loans or Canadian Base Rate Committed Loans, but subject to the unutilized portion of the Aggregate Canadian Commitments and the conditions set forth in Section 4.026.02. The Canadian Swing Line Lender shall furnish the Canadian Borrower with a copy of the applicable Canadian Committed Loan Borrowing Notice promptly after delivering such notice to the Canadian Administrative Agent. Each Canadian Lender shall make an amount equal to its Pro Rata Share of the amount specified in such Canadian Committed Loan Borrowing Notice available to the Canadian Administrative Agent in immediately available funds (and the Administrative Agent may apply Cash Collateral available with respect to the applicable Canadian Swing Line Loan) for the account of the Canadian Swing Line Lender at the Administrative Agent’s Office of the Canadian Administrative Agent not later than 11:00 a.m. 1:00 p.m. on the day specified in such Canadian Committed Loan Borrowing Notice, whereupon, subject to Section 2.05(c)(ii)(B3.05(c)(ii), each Canadian Lender that so makes funds available shall be deemed to have made a Canadian Prime Rate Committed Loan or Canadian Base Rate Committed Loan Loan, as applicable, to the Canadian Borrower in such amount. The Canadian Administrative Agent shall remit the funds so received to the Canadian Swing Line Lender.

Appears in 1 contract

Samples: Credit Agreement (Devon Energy Corp/De)

Refinancing of Canadian Swing Line Loans. (Ai) The Canadian Swing Line Lender at any time in its sole and absolute discretion (but at least once per week) may request, on behalf of the Canadian Borrower Borrowers (which hereby irrevocably requests authorize the Canadian Swing Line Lender to so request on its their behalf), that each Canadian Appropriate Lender make a Committed Canadian Base Rate Loan or Canadian Prime Rate Loan, as applicable, in an amount equal to the sum of such Lender’s Pro Rata Share Applicable Percentage of the amount of Canadian Swing Line Loans then outstandingoutstanding and any Defaulting Lender’s Applicable Percentage of such Canadian Swing Line Loans that has been reallocated to such Lender pursuant to Section 2.04(B)(b). Such request shall be made in writing (which written request shall be deemed to be a Committed Loan Notice for purposes hereof) and in accordance with the requirements of Section 2.02, without regard to the minimum and multiples specified therein for the principal amount of Canadian Base Rate Loans and Canadian Prime Rate Loans, but subject to the unutilized portion of the Aggregate Canadian Commitments Revolving Credit Facility and the conditions set forth in Section 4.02. The Canadian Swing Line Lender shall furnish the Canadian Borrower Borrowers with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Canadian Administrative Agent. Each Canadian Appropriate Lender shall make an amount equal to its Pro Rata Share the sum of such Lender’s Applicable Percentage of the amount specified in such Committed Loan Notice and any Defaulting Lender’s Applicable Percentage of such amount that has been reallocated to such Lender pursuant to Section 2.04(B)(b) available to the Canadian Administrative Agent in immediately available funds for the account of the Canadian Swing Line Lender at the Administrative Agent’s Office of the Canadian Administrative Agent not later than 11:00 a.m. 1:00 p.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.05(c)(ii)(B2.04(B)(c)(ii), each Canadian Appropriate Lender that so makes funds available shall be deemed to have made a Base Rate Committed Loan or Canadian Prime Rate Loan, as the case may be, to the applicable Canadian Borrower in such amount. The Canadian Administrative Agent shall remit the funds so received to the Canadian Swing Line Lender.

Appears in 1 contract

Samples: Credit Agreement (Ply Gem Holdings Inc)

Refinancing of Canadian Swing Line Loans. (A) The Canadian Swing Line Lender at any time in its sole and absolute discretion may request, on behalf of the Canadian Borrower (which hereby irrevocably requests the Canadian Swing Line Lender to so request on its behalf), that each Canadian Lender make a Committed Base Rate Loan in an amount equal to such Lender’s 's Pro Rata Share of the amount of Canadian Swing Line Loans then outstanding. Such request shall be made in accordance with the requirements of Section 2.02, without regard to the minimum and multiples specified therein for the principal amount of Base Rate Loans, but subject to the unutilized portion of the Aggregate Canadian Commitments and the conditions set forth in Section 4.02. The Canadian Swing Line Lender shall furnish the Canadian Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Canadian Administrative Agent. Each Canadian Lender shall make an amount equal to its Pro Rata Share of the amount specified in such Committed Loan Notice available to the Canadian Administrative Agent in immediately available funds for the account of the Canadian Swing Line Lender at the Administrative Agent’s 's Office of the Canadian Administrative Agent not later than 11:00 a.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.05(c)(ii)(B), each Canadian Lender that so makes funds available shall be deemed to have made a Base Rate Committed Loan to the Canadian Borrower in such amount. The Canadian Administrative Agent shall remit the funds so received to the Canadian Swing Line Lender.

Appears in 1 contract

Samples: Credit Agreement (Corinthian Colleges Inc)

Refinancing of Canadian Swing Line Loans. (Ai) The Canadian Swing Line Lender at any time in its sole and absolute discretion may request, on behalf of the applicable Canadian Borrower (which hereby irrevocably requests authorizes the Canadian Swing Line Lender to so request on its behalf), that each Canadian Lender make a Canadian Prime Rate Committed Loan or a Canadian Base Rate Loan Committed Loan, as applicable, in an amount equal to such Canadian Lender’s Pro Rata Share of the amount of Canadian Swing Line Loans then outstanding. Such request shall be made in writing (which written request shall be deemed to be a Canadian Committed Borrowing Notice for purposes hereof) and in accordance with the requirements of Section 2.023.02, without regard to the minimum and multiples specified therein for the principal amount of Canadian Prime Rate Committed Loans or Canadian Base Rate Committed Loans, but subject to the unutilized portion of the Aggregate Canadian Commitments and the conditions set forth in Section 4.026.02. The Canadian Swing Line Lender shall furnish the applicable Canadian Borrower with a copy of the applicable Canadian Committed Loan Borrowing Notice promptly after delivering such notice to the Canadian Administrative Agent. Each Canadian Lender shall make an amount equal to its Pro Rata Share of the amount specified in such Canadian Committed Loan Borrowing Notice available to the Canadian Administrative Agent in immediately available funds (and the Administrative Agent may apply Cash Collateral available with respect to the applicable Canadian Swing Line Loan) for the account of the Canadian Swing Line Lender at the Administrative Agent’s Office of the Canadian Administrative Agent not later than 11:00 a.m. 1:00 p.m. on the day specified in such Canadian Committed Loan Borrowing Notice, whereupon, subject to Section 2.05(c)(ii)(B3.05(c)(ii), each Canadian Lender that so makes funds available shall be deemed to have made a Canadian Prime Rate Committed Loan or Canadian Base Rate Committed Loan Loan, as applicable, to the applicable Canadian Borrower in such amount. The Canadian Administrative Agent shall remit the funds so received to the Canadian Swing Line Lender.

Appears in 1 contract

Samples: Credit Agreement (Devon Energy Corp/De)

Refinancing of Canadian Swing Line Loans. (Ai) The Canadian Swing Line Lender at any time in its sole and absolute discretion may request, on behalf of the applicable Canadian Borrower (which hereby irrevocably requests authorizes the Canadian Swing Line Lender to so request on its behalf), that each Canadian Lender make a Canadian Prime Rate Committed Loan or a Canadian Base Rate Loan Committed Loan, as applicable, in an amount equal to such Canadian Lender’s 's Pro Rata Share of the amount of Canadian Swing Line Loans then outstanding. Such request shall be made in writing (which written request shall be deemed to be a Canadian Committed Borrowing Notice for purposes hereof) and in accordance with the requirements of Section 2.023.02, without regard to the minimum and multiples specified therein for the principal amount of Canadian Prime Rate Committed Loans or Canadian Base Rate Committed Loans, but subject to the unutilized portion of the Aggregate Canadian Commitments and the conditions set forth in Section 4.026.02. The Canadian Swing Line Lender shall furnish the applicable Canadian Borrower with a copy of the applicable Canadian Committed Loan Borrowing Notice promptly after delivering such notice to the Canadian Administrative Agent. Each Canadian Lender shall make an amount equal to its Pro Rata Share of the amount specified in such Canadian Committed Loan Borrowing Notice available to the Canadian Administrative Agent in immediately available funds for the account of the Canadian Swing Line Lender at the Administrative Agent’s 's Office of the Canadian Administrative Agent not later than 11:00 a.m. 1:00 p.m. on the day specified in such Canadian Committed Loan Borrowing Notice, whereupon, subject to Section 2.05(c)(ii)(B3.05(c)(ii), each Canadian Lender that so makes funds available shall be deemed to have made a Canadian Prime Rate Committed Loan or Canadian Base Rate Committed Loan Loan, as applicable, to the Canadian Borrower in such amount. The Canadian Administrative Agent shall remit the funds so received to the Canadian Swing Line Lender.

Appears in 1 contract

Samples: Credit Agreement (Devon Energy Corp/De)

Refinancing of Canadian Swing Line Loans. (Ai) The Canadian Swing Line Lender at any time in its sole and absolute discretion (but at least once per week) may request, on behalf of the Canadian Borrower (which hereby irrevocably requests authorizes the Canadian Swing Line Lender to so request on its behalf), that each Canadian Revolving Credit Lender make a Committed Canadian Base Rate Loan or Canadian Prime Rate Loan, as applicable, in an amount equal to such Lender’s Pro Rata Share 's Applicable Percentage of the amount of Canadian Swing Line Loans then outstanding. Such request shall be made in writing (which written request shall be deemed to be a Committed Loan Notice for purposes hereof) and in accordance with the requirements of Section 2.02, without regard to the minimum and multiples specified therein for the principal amount of Canadian Base Rate Loans and Canadian Prime Rate Loans, but subject to the unutilized portion of the Aggregate Canadian Commitments Revolving Credit Facility and the conditions set forth in Section 4.02. The Canadian Swing Line Lender shall furnish the Canadian Borrower with a copy of the applicable Committed Loan Notice promptly after delivering such notice to the Canadian Administrative Agent. Each Canadian Revolving Credit Lender shall make an amount equal to its Pro Rata Share Applicable Percentage of the amount specified in such Committed Loan Notice available to the Canadian Administrative Agent in immediately available funds for the account of the Canadian Swing Line Lender at the Administrative Agent’s 's Office of the Canadian Administrative Agent not later than 11:00 a.m. 3:00 p.m. on the day specified in such Committed Loan Notice, whereupon, subject to Section 2.05(c)(ii)(B2.04(B)(c)(ii), each Canadian Revolving Credit Lender that so makes funds available shall be deemed to have made a Base Rate Committed Loan or Canadian Prime Rate Loan, as the case may be, to the Canadian Borrower in such amount. The Canadian Administrative Agent shall remit the funds so received to the Canadian Swing Line Lender.

Appears in 1 contract

Samples: Credit Agreement (Nortek Inc)

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