Common use of Request for Borrowing Clause in Contracts

Request for Borrowing. Each Borrowing, each conversion of Loans from one Type of Loan to the other, and each continuation of LIBOR Rate Loans shall be made upon the applicable Borrower Party’s irrevocable notice to Administrative Agent, which may be given by (A) telephone or (B) a Loan Notice; provided that any telephonic notice must be confirmed promptly by delivery to the Administrative Agent of a Loan Notice (and each Loan Notice submitted by a Qualified Borrower must be countersigned by a Responsible Officer of Borrower). Each such Loan Notice must be received by Administrative Agent not later than 1:00 p.m. at least: (i) three (3) Business Days prior to the requested date of any Borrowing of, conversion to or continuation of LIBOR Rate Loans or of any conversion of LIBOR Rate Loans to Base Rate Loans; and (ii) one (1) Business Day prior to the requested date of any Borrowing of Base Rate Loans. Each Loan Notice shall specify: (A) whether the Borrower Party is requesting a Borrowing, a conversion of Loans from one Type of Loan to the other, or a continuation of LIBOR Rate Loans; (B) the requested date of the Borrowing, conversion or continuation, as the case may be (which shall be a Business Day); (C) the principal amount of Loans to be borrowed, converted or continued; (D) the Type of Loans to be borrowed or to which existing Loans are to be converted; (E) if applicable, the duration of the Interest Period with respect thereto; and (F) to which account the proceeds of such Borrowing should be directed. If a Borrower Party fails to specify a Type of Loan in a Loan Notice or if a Borrower Party fails to give a timely notice requesting a conversion or continuation, then the applicable Loans shall be made as, or converted to, Base Rate Loans. Any such automatic conversion to Base Rate Loans shall be effective as of the last day of the Interest Period then in effect with respect to the applicable LIBOR Rate Loans. If a Borrower Party requests a Borrowing of, conversion to, or continuation of LIBOR Rate Loans in any such Loan Notice, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month.

Appears in 2 contracts

Sources: Revolving Credit Agreement (GOLUB CAPITAL INVESTMENT Corp), Revolving Credit Agreement (Golub Capital BDC 3, Inc.)

Request for Borrowing. Each Except with respect to Swingline Loans which are addressed in Section 2.07, each Borrowing, each conversion of Eurocurrency Rate Loans or Base Rate Loans from one Type of Syndicated Loan to the otheranother, and each continuation of LIBOR Eurocurrency Rate Loans shall be made upon the applicable Borrower Party’s irrevocable written notice to Administrative Agent. Unless otherwise agreed by Administrative Agent, which may be given by (A) telephone or (B) a Loan Notice; provided that any telephonic each such notice must be confirmed promptly received by Administrative Agent not later than 11:00 a.m. at least: (i) three (3) Business Days prior to the requested date of any Borrowing other than for a Base Rate Loan; (ii) three (3) Business Days prior to the conversion of Base Rate Loans to another Type of Syndicated Loan, the conversion of Eurocurrency Rate Loans to another Type of Syndicated Loan or the continuation of Eurocurrency Rate Loans; (iii) five (5) Business Days prior to the requested date of any Borrowing of, conversion to or continuation of Loans denominated in Alternative Currencies; and (iv) one (1) Business Day prior to the requested date of any Borrowing of Base Rate Loans ; provided, however, to the extent a Borrower Party requires same day funding for a U.S. Dollar denominated Base Rate Loan in an amount not to exceed $10,000,000, the Administrative Agent must have received notice for such Base Rate Loan not later than 10:00 a.m. on the requested Borrowing date. Each notice by a Borrower Party pursuant to this Section 2.02(a) must be by delivery to the Administrative Agent of a written Loan Notice Notice, appropriately completed and signed by a Responsible Officer of such Borrower Party (and each Loan Notice submitted by a Qualified Borrower must be countersigned by a Responsible Officer of Borrower). Each such Loan Notice must be received by Administrative Agent not later than 1:00 p.m. at least: (i) three (3) Business Days prior to the requested date of any Borrowing of, conversion to or continuation of LIBOR Rate Loans or of any conversion of LIBOR Rate Loans to Base Rate Loans; and (ii) one (1) Business Day prior to the requested date of any Borrowing of Base Rate Loans. Each Loan Notice shall specify: (A) whether the Borrower Party is requesting a Borrowing, a conversion of Loans from one a Eurocurrency Rate Loan or Base Rate Loan to another Type of Loan to the otherSyndicated Loan, or a continuation of LIBOR Eurocurrency Rate Loans; (B) the requested date of the Borrowing, conversion or continuation, as the case may be (which shall be a Business Day, the “Loan Date”); (C) the principal amount of Syndicated Loans to be borrowed, converted or continued; (D) if any portion of such Borrowing is not to be funded by a Conduit Lender through the issuance of Commercial Paper, whether such portion of such Borrowing is to be funded instead as a Base Rate Loan or a Eurocurrency Rate Loan (it being understood that if any Conduit Lender elects to fund any portion of a Loan through its Liquidity Provider, such Conduit Lender’s Funding Agent shall determine whether such portion shall bear interest based on the Eurocurrency Rate or the Base Rate for the period prior to the time such portion of such Loan is funded through the issuance of Commercial Paper); (E) the Type of Syndicated Loans to be borrowed which any existing Eurocurrency Rate Loans or to which existing Base Rate Loans are to be converted; (EF) if applicablewith respect to a Eurocurrency Rate Loan, the duration of the Interest Period with respect thereto; and (FG) to which account the proceeds of such Borrowing Borrowing, conversion or continuation should be directed; and (H) the currency of the Loans to be borrowed. If a Borrower Party fails to specify a currency in a Loan Notice requesting a Borrowing, then the Syndicated Loans so requested shall be made in Dollars. If a Borrower Party fails to specify a Type of Syndicated Loan in a Loan Notice or if a Borrower Party fails to give a timely notice requesting a conversion or continuationcontinuation with respect to a Eurocurrency Rate Loan, then the applicable Syndicated Loans shall be made as, or converted to, Base a Eurocurrency Rate LoansLoan with an Interest Period of one (1) week; provided, however, that in the case of a failure to timely request a continuation of Syndicated Loans denominated in an Alternative Currency, such Syndicated Loans shall be continued as Eurocurrency Rate Loans in their original currency with an Interest Period of one (1) week. Any such automatic conversion to Base Rate Loans shall be effective as of the last day of the Interest Period then in effect with respect to the applicable LIBOR Eurocurrency Rate Loans. If a Borrower Party requests a Borrowing of, conversion to, or continuation of LIBOR Rate Loans in any such Loan Notice, but fails to specify an Interest PeriodPeriod with respect to a Eurocurrency Rate Loan, it will be deemed to have specified an Interest Period of one month(1) week. No Syndicated Loan may be converted into or continued as a Syndicated Loan denominated in a different currency, but instead must be prepaid in the original currency of such Syndicated Loan and reborrowed in the other currency.

Appears in 2 contracts

Sources: Revolving Credit Agreement (TCW Direct Lending VII LLC), Revolving Credit Agreement (TCW Direct Lending VII LLC)

Request for Borrowing. Each Borrowing, each conversion of Loans from one Type of Loan to the other, and each continuation of LIBOR Rate Term SOFR Loans shall be made upon the applicable Borrower Party’s Borrowers’ irrevocable notice to the Administrative Agent, which may be given by (A) telephone or (B) a Loan Notice; provided that any telephonic notice must be confirmed promptly by delivery to the Administrative Agent of a Loan Notice (and each Loan Notice submitted by a Qualified Borrower must be countersigned by a Responsible Officer of Borrower)email. Each such Loan Notice notice must be received by the Administrative Agent not later than 1:00 p.m. at least: (i) 11:00 a.m. at least (A) three (3) Business Days prior to the requested date of any Borrowing of, conversion to or continuation of LIBOR Rate Term SOFR Loans or of any conversion of LIBOR Term SOFR Loans to Alternate Base Rate Loans to Base Rate Loans; and (ii) 11:00 a.m. at least one (1) Business Day prior to the requested date of any Borrowing of Alternate Base Rate Loans; provided that, with the consent of the Lenders, Borrowing of Alternate Base Rate Loans shall be made on a same-day basis if such notice is received by the Administrative Agent not later than 10:00 a.m. on the day of such Borrowing. Each emailed notice by any Borrower pursuant to this Section 2.03(a) must be confirmed promptly by delivery to the Administrative Agent of a written Loan Notice, appropriately completed and signed by a Responsible Officer of the Borrowers (and each Loan Notice submitted by a Qualified Borrower must be countersigned by a Responsible Officer of the Borrowers), unless otherwise agreed by the Administrative Agent. Each Loan Notice (whether emailed or written) shall specify: (A) whether the Borrower Party is Borrowers are requesting a Borrowing, a conversion of Loans a Loan from one Type of Loan to the other, or a continuation of LIBOR Rate Loansa Term SOFR Loan; (B) the requested date of the Borrowing, conversion or continuation, as the case may be (which shall be a Business Day); (C) the principal amount of Loans the Loan to be borrowed, converted or continued; (D) the Type of Loans Loan to be borrowed or to which existing Loans are Loan is to be converted; (E) if applicable, the duration of the Interest Period with respect theretofor any Term SOFR Loan; (F) [reserved]; and (FG) to which account the proceeds of such Borrowing Borrowing, conversion or continuation should be directed. If a Borrower Party fails the Borrowers fail to specify a Type of Loan in a Loan Notice or if a Borrower Party fails the Borrowers fail to give a timely notice requesting a conversion or continuationconversion, then the applicable Loans Loan shall be made as, or converted to, Base Rate Loansa Term SOFR Loan. Any such automatic conversion to Base Rate Loans a Term SOFR Loan shall be effective as of the last day of the Interest Period then in effect with respect to the applicable LIBOR Rate LoansLoan. If the Borrowers fail to give timely notice requesting a Borrower Party requests a Borrowing of, conversion to, or continuation of LIBOR Rate Loans in any Term SOFR Loans, then such Term SOFR Loan Notice, but fails to specify an shall be automatically renewed with the same Interest Period, it will . Each Loan Notice submitted by the Borrowers shall be deemed to be a representation and warranty that the conditions specified in Sections 7.01 and 7.02 have specified an Interest Period been satisfied on and as of one monththe date of the applicable Borrowing, conversion or continuation.

Appears in 2 contracts

Sources: Revolving Credit Agreement (Overland Advantage), Revolving Credit Agreement (Overland Advantage)

Request for Borrowing. Each Except with respect to Swingline Loans which are addressed in Section 2.07, each Borrowing, each conversion of Eurocurrency Rate Loans, Floating LIBOR Rate Loans or Base Rate Loans from one Type of Syndicated Loan to the otheranother, and each continuation of LIBOR Eurocurrency Rate Loans shall be made upon the applicable Borrower Party’s irrevocable notice to Administrative Agent, which may be given by telephone. Unless otherwise agreed by Administrative Agent, each such notice must be received by Administrative Agent not later than 11:00 a.m. at least: (Ai) telephone three (3) Business Days prior to the requested date of any Borrowing other than for a Base Rate Loan; (ii) three (3) Business Days prior to the conversion of Base Rate Loans to another Type of Syndicated Loan, the conversion of Eurocurrency Rate Loans (or Floating LIBOR Rate Loan) to another Type of Syndicated Loan or the continuation of Eurocurrency Rate Loans; (Biii) a Loan Noticefive (5) Business Days prior to the requested date of any Borrowing of, conversion to or continuation of Loans denominated in Alternative Currencies; provided that and (iv) one (1) Business Day prior to the requested date of any Borrowing of Base Rate Loans. Each telephonic notice by a Borrower Party pursuant to this Section 2.02 (a) must be confirmed promptly by delivery to the Administrative Agent of a written Loan Notice Notice, appropriately completed and signed by a Responsible Officer of such Borrower Party (and each Loan Notice submitted by a Qualified Borrower must be countersigned by a Responsible Officer of Borrower). Each such Loan Notice must be received by Administrative Agent not later than 1:00 p.m. at least: (iwhether telephonic or written) three (3) Business Days prior to the requested date of any Borrowing of, conversion to or continuation of LIBOR Rate Loans or of any conversion of LIBOR Rate Loans to Base Rate Loans; and (ii) one (1) Business Day prior to the requested date of any Borrowing of Base Rate Loans. Each Loan Notice shall specify: (A) whether the Borrower Party is requesting a Borrowing, a conversion of Loans from one a Eurocurrency Rate Loan, a Floating LIBOR Rate Loan or Base Rate Loan to another Type of Loan to the otherSyndicated Loan, or a continuation of LIBOR Eurocurrency Rate Loans; (B) the requested date of the Borrowing, conversion or continuation, as the case may be (which shall be a Business Day, the “Loan Date”); (C) the principal amount of Syndicated Loans to be borrowed, converted or continued; (D) if any portion of such Borrowing is not to be funded by a Conduit Lender through the issuance of Commercial Paper, whether such portion of such Borrowing is to be funded instead as a Base Rate Loan or a Eurocurrency Rate Loan (it being understood that if any Conduit Lender elects to fund any portion of a Loan through its Liquidity Provider, such Conduit Lender’s Funding Agent shall determine whether such portion shall bear interest based on the Eurocurrency Rate or the Base Rate for the period prior to the time such portion of such Loan is funded through the issuance of Commercial Paper); (E) the Type of Syndicated Loans to be borrowed which any existing Eurocurrency Rate Loans, Floating LIBOR Rate Loans or to which existing Base Rate Loans are to be converted; (EF) if applicablewith respect to a Eurocurrency Rate Loan, the duration of the Interest Period with respect thereto; and (FG) to which account the proceeds of such Borrowing Borrowing, conversion or continuation should be directed; and (H) the currency of the Loans to be borrowed. If a Borrower Party fails to specify a currency in a Loan Notice requesting a Borrowing, then the Syndicated Loans so requested shall be made in Dollars. If a Borrower Party fails to specify a Type of Syndicated Loan in a Loan Notice or if a Borrower Party fails to give a timely notice requesting a conversion or continuationcontinuation with respect to a Eurocurrency Rate Loan or Base Rate Loan, then the applicable Syndicated Loans shall be made as, or converted to, Base Rate Loans; provided, however, that in the case of a failure to timely request a continuation of Syndicated Loans denominated in an Alternative Currency, such Syndicated Loans shall be continued as Eurocurrency Rate Loans in their original currency with an Interest Period of one month. Any such automatic conversion to Base Rate Loans shall be effective as of the last day of the Interest Period then in effect with respect to the applicable LIBOR Eurocurrency Rate Loans. If a Borrower Party requests a Borrowing of, conversion to, or continuation of LIBOR Rate Loans in any such Loan Notice, but fails to specify an Interest PeriodPeriod with respect to a Eurocurrency Rate Loan, it will be deemed to have specified an Interest Period of one month. No Syndicated Loan may be converted into or continued as a Syndicated Loan denominated in a different currency, but instead must be prepaid in the original currency of such Syndicated Loan and reborrowed in the other currency.

Appears in 1 contract

Sources: Revolving Credit Agreement (TCW Direct Lending LLC)

Request for Borrowing. Each Borrowing, each conversion of Loans from one Type of Loan to the other, and each continuation of LIBOR Rate RateRFR Loans shall be made upon the applicable Borrower PartyBorrower’s irrevocable notice to Administrative Agent, which may be given by (A) telephone or (B) a Loan Notice; provided that any telephonic notice must be confirmed promptly by delivery to electronic mail pursuant to, and in accordance with the Administrative Agent terms of a Loan Notice (and each Loan Notice submitted by a Qualified Borrower must be countersigned by a Responsible Officer of Borrower)this Credit Agreement. Each such Loan Notice notice must be received by Administrative Agent not later than 1:00 p.m. at least: (i) three (3) Business Days prior to the requested date of any Borrowing of, conversion to or continuation of LIBOR Rate RateRFR Loans or of any conversion of LIBOR Rate RateRFR Loans to Alternate Base Rate Loans; and (ii) 10:00 a.m. at least three (3) Business Days (or four (4), in the case of borrowing of Loans denominated in Special Notice Currencies) prior to the requested date of any Borrowing of, conversion to or continuation of Loans denominated in Alternative Currencies; and (iii) 1:00 p.m. one (1) Business Day prior to the requested date of any Borrowing of Alternate Base Rate Loans. Each telephonic notice by the Borrower pursuant to this Section 2.03 (a) must be confirmed promptly by delivery to Administrative Agent of a written Loan Notice, appropriately completed and signed by a Responsible Officer of ▇▇▇▇▇▇▇▇. Each Loan Notice (whether telephonic or written) shall specify: (A) whether the Borrower Party is requesting a Borrowing, a conversion of Loans from one Type of Loan to the other, or a continuation of LIBOR Rate RateRFR Loans; (B) the requested date of the Borrowing, conversion or continuation, as the case may be (which shall be a Business Day); (C) the principal amount of Loans to be borrowed, converted or continued; (D) the Type of Loans to be borrowed or to which existing Loans are to be converted; (E) if applicable, the duration of the Interest Period with respect thereto; (F) the currency of the Loans to be borrowed; and (FG) to which account the proceeds of such Borrowing Borrowing, conversion or continuation should be directed. If the Borrower fails to specify a currency in a Loan Notice requesting a Borrowing, then the Loans so requested shall be made in Dollars. If the Borrower Party fails to specify a Type of Loan in a Loan Notice or if a the Borrower Party fails to give a timely notice requesting a conversion or continuation, then the applicable Loans shall be made as, or converted to, Base Rate LIBOR RateRFR Loans; provided, however, no Loan may be converted into or continued as a Loan denominated in a different currency, but instead must be prepaid in the original currency of such Loan and reborrowed in the other currency. Any such automatic conversion to Base Rate LIBOR RateRFR Loans shall be effective as of the last day of the Interest Period then in effect with respect to the applicable LIBOR Alternate Base Rate Loans. If a , it being understood that the Borrower Party requests a Borrowing of, conversion to, or continuation of LIBOR may cause any Alternate Base Rate Loans in any such Loan Notice, but fails to specify be converted to LIBOR RateTerm RFR Loans at the end of an Interest PeriodPeriod upon three (3) Business Days prior written notice, it will and subject to the requirements set forth in this Agreement. Each Loan Notice submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 7.01 and 7.02 have specified an Interest Period been satisfied on and as of one monththe date of the applicable Borrowing, conversion or continuation. Notwithstanding any term to the contrary contained herein, only Loans denominated in Dollars may be converted to Alternate Base Rate Loans.

Appears in 1 contract

Sources: Revolving Credit Agreement (Nuveen Churchill Direct Lending Corp.)

Request for Borrowing. Each Borrowing, each conversion of Loans from one Type of Loan to the otheranother Type of Loan, and each continuation of LIBOR Rate Loans a Term SOFR Loan shall be made upon the applicable Borrower Party’s irrevocable notice to Administrative AgentAgent (a “Request for Borrowing”), which may be given by telephone. Each notice: (Ai) telephone or (B) a Loan Notice; provided that any telephonic notice must shall be confirmed promptly by delivery furnished to the Administrative Agent no later than 2:00 p.m. (x) on the requested date of Borrowing in the case of a Loan Notice Base Rate Loan, provided that, any such Loans shall not exceed the Daily Borrowing Sublimit, or one (1) Business Day prior to the requested date of Borrowing for any Base Rate Loans in excess of the Daily Borrowing Sublimit, and each Loan Notice submitted by a Qualified Borrower must be countersigned by a Responsible Officer of Borrower). Each such Loan Notice must be received by Administrative Agent not later than 1:00 p.m. (y) at least: (i) least three (3) Business Days prior to the requested date of any Borrowing of, conversion to or continuation in the case of LIBOR Rate Loans or of any conversion of LIBOR Rate Loans to Base Rate Loansa Term SOFR Loan; and (ii) one must specify: (1A) Business Day prior to the requested amount of such Borrowing; (B) the Interest Option; (C) the Interest Period therefor, if applicable; and (D) the date of any Borrowing such Borrowing, which shall be a Business Day. Each telephonic notice by a Borrower Party pursuant to this Section 2.02(a) must be confirmed promptly by delivery to Administrative Agent of Base Rate Loansa written Loan Notice, appropriately completed and signed by a Responsible Officer of such Borrower Party. Each Loan Notice (other than in connection with a continuation of an Interest Period) shall be delivered together with a Borrowing Base Certificate, and shall specify: (A) whether the Borrower Party is requesting a Borrowing, a conversion of Loans from one Type of Loan to the other, or a continuation of LIBOR Rate Term SOFR Loans; (B) the requested date of the Borrowing, conversion or continuation, as the case may be (which shall be a Business Day); (C) the principal amount of Loans to be borrowed, converted or continued; (D) the Type of Loans to be borrowed or to which existing Loans are to be converted; (E) if applicable, the duration of the Interest Period with respect thereto; and (F) to which account the proceeds of such Borrowing should be directed. If a Borrower Party fails to specify a Type of Loan in a Loan Notice or if a Borrower Party fails to give a timely notice requesting a conversion or continuation, then the applicable Loans shall be made as, or converted to, continued as Base Rate Loans. Any such automatic conversion to Base Rate Loans shall be effective as of the last day of the Interest Period then in effect with respect to the applicable LIBOR Rate Loans. If a Borrower Party requests a Borrowing of, conversion to, or continuation of LIBOR Rate Term SOFR Loans in any such Loan Notice, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month.

Appears in 1 contract

Sources: Revolving Credit Agreement (AGTB Private BDC)

Request for Borrowing. Each Borrowing, each conversion of Eurodollar Rate Loans or Base Rate Loans from one Type of Loan to the otheranother, and each continuation of LIBOR Eurodollar Rate Loans shall be made upon the applicable Borrower Party’s irrevocable notice to Administrative Agent, which may Agent in writing. Each such notice must be given received by Administrative Agent not later than 11:00 a.m. at least: (Ai) telephone two (2) Business Days prior to the requested date of any Borrowing other than for a Base Rate Loan; (ii) two (2) Business Days prior to the conversion of Base Rate Loans to another Type of Loan or the continuation of Eurodollar Rate Loans; and (Biii) one (1) Business Day prior to the requested date of any Borrowing of Base Rate Loans or of any conversion of Eurodollar Rate Loans to Base Rate Loans. Each notice by a Loan Notice; provided that any telephonic notice Borrower Party pursuant to this Section 2.02 (a) must be confirmed promptly by delivery to the Administrative Agent of a written Loan Notice Notice, appropriately completed and signed by a Responsible Officer of such Borrower Party (and each Loan Notice submitted by a Qualified Borrower must be countersigned by a Responsible Officer of the applicable Borrower). Each such Loan Notice must be received by Administrative Agent not later than 1:00 p.m. at least: (i) three (3) Business Days prior to the requested date of any Borrowing of, conversion to or continuation of LIBOR Rate Loans or of any conversion of LIBOR Rate Loans to Base Rate Loans; and (ii) one (1) Business Day prior to the requested date of any Borrowing of Base Rate Loans. Each Loan Notice shall specify: (A) whether the Borrower Party is requesting a Borrowing, a conversion of Loans from one a Eurodollar Rate Loan or Base Rate Loan to another Type of Loan to the otherLoan, or a continuation of LIBOR Eurodollar Rate Loans; (B) the requested date of the Borrowing, conversion or continuation, as the case may be (which shall be a Business Day, the “Loan Date”); (C) the principal amount of Loans to be borrowed, converted or continued; (D) [reserved]; (E) the Type of Loans to be borrowed which any existing Eurodollar Rate Loans or to which existing Base Rate Loans are to be converted; (E) if applicable, the duration of the Interest Period with respect thereto; and (F) to which account the proceeds of such Borrowing Borrowing, conversion or continuation should be directed. Each Loan Notice submitted by a Borrower Party shall be deemed to be a representation and warranty that the applicable conditions specified in Section 6.02 have been satisfied on and as of the date of the applicable Borrowing. If a Borrower Party fails to specify a Type of Loan in a Loan Notice or if Notice, the applicable Loan shall be made as a Eurodollar Rate Loan. If a Borrower Party fails to give a timely notice requesting a conversion or continuationcontinuation with respect to a Eurodollar Rate Loan or Base Rate Loan, then the applicable Loans shall be made as, or converted to, Base Eurodollar Rate Loans. Any such automatic conversion to Base Rate Loans continuation shall be effective as of the last day of the Interest Period then in effect with respect to the applicable LIBOR Eurodollar Rate Loans. If a Borrower Party requests a Borrowing of, conversion to, or continuation of LIBOR Rate Loans in any such Loan Notice, but fails to specify an Interest PeriodPeriod with respect to a Eurodollar Rate Loan, it will be deemed to have specified an Interest Period of one (1) month.

Appears in 1 contract

Sources: Revolving Credit Agreement (SLR Hc BDC LLC)

Request for Borrowing. Each Borrowing, each conversion of Loans from one Type of Loan to the other, and each continuation of LIBOR Rate Loans shall be made upon the applicable Borrower Party’s irrevocable notice to Administrative Agent, which may be given by (A) telephone or (B) a Loan Notice; provided that any telephonic notice must be confirmed promptly by delivery to the Administrative Agent of a Loan Notice (and each Loan Notice submitted by a Qualified Borrower must be countersigned by a Responsible Officer of Borrower)telephone. Each such Loan Notice notice must be received by Administrative Agent not later than 1:00 p.m. 11:00 a.m. at least: (i) three (3) Business Days prior to the requested date of any Borrowing of, or conversion to or continuation of LIBOR Rate Loans or of any conversion of LIBOR Rate Loans to Base Rate ABR Loans; and (ii) one (1) Business Day prior to the requested date of any Borrowing of Base Rate ABR Loans. Each telephonic notice by a Borrower Party pursuant to this Section 2.02(a) must be confirmed promptly by delivery to Administrative Agent of a written Loan Notice, which must be appropriately completed and signed by a Responsible Officer of such Borrower Party (and each Loan Notice submitted by a Qualified Borrower must be countersigned by a Responsible Officer of the Borrower). Each Loan Notice (whether telephonic or written) shall specify: (A) whether the Borrower Party is requesting a Borrowing, a conversion of Loans from one Type of Loan to the other, or a continuation of LIBOR Rate Loans; (B) the requested date of the Borrowing, conversion or continuation, as the case may be (which shall be a Business Day); (C) the principal amount of Loans to be borrowed, converted or continued; (D) the Type of Loans to be borrowed or to which existing Loans are to be converted; (E) if applicable, the duration of the Interest Period with respect thereto; (F) if a LIBOR Loan, the currency of the Loans to be borrowed; and (FG) to which account the proceeds of such Borrowing should be directed. If a Borrower Party fails to specify a type of currency in a Loan Notice requesting a Borrowing, then the Loans so requested shall be made in Dollars. If a Borrower Party fails to specify a Type of Loan in a Loan Notice or if a Borrower Party fails to give a timely notice requesting a conversion or continuation, then the applicable Loans shall be made as, or converted to, Base Rate Loansa LIBOR Loan with an Interest Period of one (1) month. Any such automatic conversion to Base Rate LIBOR Loans with an Interest Period of one (1) month shall be effective as of the last day of the Interest Period then in effect with respect to the applicable LIBOR Rate Loans. If a Borrower Party requests a Borrowing of, conversion to, or continuation of LIBOR Rate Loans in any such Loan Notice, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month.

Appears in 1 contract

Sources: Revolving Credit Agreement (Bain Capital Specialty Finance, Inc.)

Request for Borrowing. Each Borrowing, each conversion of Loans from one Type of Syndicated Loan to the otheranother, and each continuation of LIBOR Rate Term SOFR Loans shall be made upon the applicable Borrower Party’s irrevocable written notice to Administrative Agent. Unless otherwise agreed by Administrative Agent, which may be given by (A) telephone or (B) a Loan Notice; provided that any telephonic each such notice must be confirmed promptly received by Administrative Agent not later than 1:00 p.m. at least: (i) one (1) Business Day prior to the requested date of any Borrowing, provided, however, to the extent a Borrower Party requires same day funding for a Daily SOFR Loan or Base Rate Loan, in an amount not to exceed $10,000,000, the Administrative Agent must have received notice for such Daily SOFR Loan or Base Rate Loan not later than 10:00 a.m. on the requested Borrowing date; and (ii) three (3) Business Days prior to the conversion of Daily SOFR Loans to another Type of Syndicated Loan, the conversion of Base Rate Loans to another Type of Syndicated Loan, the conversion of Term SOFR Loans to another Type of Syndicated Loan or the continuation of Term SOFR Loans. Each notice by a Borrower Party pursuant to this Section 2.02(a) must be by delivery to the Administrative Agent of a written Loan Notice Notice, appropriately completed and signed by a Responsible Officer of such Borrower Party (and each Loan Notice submitted by a Qualified Borrower must be countersigned by a Responsible Officer of Borrower). Each such Loan Notice must be received by Administrative Agent not later than 1:00 p.m. at least: (i) three (3) Business Days prior to the requested date of any Borrowing of, conversion to or continuation of LIBOR Rate Loans or of any conversion of LIBOR Rate Loans to Base Rate Loans; and (ii) one (1) Business Day prior to the requested date of any Borrowing of Base Rate Loans. Each Loan Notice shall specify: (A) whether the Borrower Party is requesting a Borrowing, a conversion of Loans from one a Term SOFR Loan or Daily SOFR Loan, or Base Rate Loan to another Type of Loan to the otherSyndicated Loan, or a continuation of LIBOR Rate Term SOFR Loans; (B) the requested date of the Borrowing, conversion or continuation, as the case may be (which shall be a Business Day, the “Loan Date”); (C) the principal amount of Syndicated Loans to be borrowed, converted or continued; (D) the Type of Loans to be borrowed or to which existing Loans are to be converted; (E) if applicable, the duration of the Interest Period with respect thereto; and (F) to which account the proceeds any portion of such Borrowing should is not to be directed. If funded by a Borrower Party fails Conduit Lender through the issuance of Commercial Paper, whether such portion of such Borrowing is to specify be funded instead as a Type Daily SOFR Loan, Term SOFR Loan or a Base Rate Loan (it being understood that if any Conduit Lender elects to fund any portion of Loan in a Loan Notice through its Liquidity Provider, such Conduit Lender’s Funding Agent shall determine whether such portion shall bear interest based on the Term SOFR, the Daily SOFR or if a Borrower Party fails to give a timely notice requesting a conversion or continuationthe Base Rate, then for the applicable Loans shall be made as, or converted to, Base Rate Loans. Any such automatic conversion to Base Rate Loans shall be effective as of the last day of the Interest Period then in effect with respect period prior to the applicable LIBOR Rate Loans. If a Borrower Party requests a Borrowing of, conversion to, or continuation time such portion of LIBOR Rate Loans in any such Loan Notice, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period is funded through the issuance of one month.Commercial Paper);

Appears in 1 contract

Sources: Revolving Credit Agreement (TCW Direct Lending VIII LLC)

Request for Borrowing. Each Borrowing, each conversion of Eurodollar Rate Loans or Base Rate Loans from one Type of Loan to the otheranother, and each continuation of LIBOR Eurodollar Rate Loans shall be made upon the applicable Borrower Party’s irrevocable notice to Administrative Agent, which may be given by telephone or, as set forth below, in writing. Each such notice must be received by Administrative Agent not later than 11:00 a.m. at least: (Ai) telephone three Business Days prior to the requested date of any Borrowing other than for a Base Rate Loan; (ii) three Business Days prior to the conversion of Base Rate Loans to another Type of Loan or the continuation of Eurodollar Rate Loans; (Biii) a Loan Noticeon the date of any Borrowing of Base Rate Loans or of any conversion of Eurodollar Rate Loans to Base Rate Loans; provided that and (iv) four Business Days prior to the requested date of any Borrowing of, conversion to or continuation of Loans denominated in Alternative Currencies. Each telephonic notice by a Borrower Party pursuant to this Section 2.02 (a) must be confirmed promptly by delivery to the Administrative Agent of a written Loan Notice Notice, appropriately completed and signed by a Responsible Officer of such Borrower Party (and each Loan Notice submitted by a Qualified Borrower must be countersigned by a Responsible Officer of the applicable Borrower). Each such Loan Notice must be received by Administrative Agent not later than 1:00 p.m. at least: (iwhether telephonic or written) three (3) Business Days prior to the requested date of any Borrowing of, conversion to or continuation of LIBOR Rate Loans or of any conversion of LIBOR Rate Loans to Base Rate Loans; and (ii) one (1) Business Day prior to the requested date of any Borrowing of Base Rate Loans. Each Loan Notice shall specify: (A) whether the Borrower Party is requesting a Borrowing, a conversion of Loans from one a Eurodollar Rate Loan or Base Rate Loan to another Type of Loan to the otherLoan, or a continuation of LIBOR Eurodollar Rate Loans; (B) the requested date of the Borrowing, conversion or continuation, as the case may be (which shall be a Business Day, the “Loan Date”); (C) the principal amount of Loans to be borrowed, converted or continued; (D) the Type of Loans to be borrowed which any existing Eurodollar Rate Loans or to which existing Base Rate Loans are to be converted; (E) if applicable, the duration of the Interest Period with respect thereto; and (F) to which account the proceeds of such Borrowing Borrowing, conversion or continuation should be directed; and (F) the currency of the Loans to be borrowed. If a Borrower Party fails to specify a Type of Loan currency in a Loan Notice or if requesting a Borrowing, then the Loans so requested shall be made in Dollars. Each Loan Notice submitted by a Borrower Party fails shall be deemed to give be a timely notice requesting a conversion or continuation, then representation and warranty that the applicable Loans shall be made as, or converted to, Base Rate Loans. Any such automatic conversion to Base Rate Loans shall be effective conditions specified in Section 6.02 have been satisfied on and as of the last day date of the Interest Period then applicable Borrowing. No Loan may be converted into or continued as a Loan denominated in effect with respect to a different currency, but instead must be prepaid in the applicable LIBOR Rate Loans. If a Borrower Party requests a Borrowing of, conversion to, or continuation original currency of LIBOR Rate Loans in any such Loan Notice, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one monthand reborrowed in the other currency.

Appears in 1 contract

Sources: Revolving Credit Agreement (Goldman Sachs Private Middle Market Credit II LLC)

Request for Borrowing. Each Except with respect to Swingline Loans which are addressed in Section 2.07, each Borrowing, each conversion of Eurocurrency Rate Loans, Floating LIBOR Rate Loans or Base Rate Loans from one Type of Syndicated Loan to the otheranother, and each continuation of LIBOR Eurocurrency Rate Loans shall be made upon the applicable Borrower Party’s 's irrevocable written notice to Administrative Agent. Unless otherwise agreed by Administrative Agent, which may be given by (A) telephone or (B) a Loan Notice; provided that any telephonic each such notice must be confirmed promptly by delivery to the Administrative Agent of a Loan Notice (and each Loan Notice submitted by a Qualified Borrower must be countersigned by a Responsible Officer of Borrower). Each such Loan Notice must be received by Administrative Agent not later than 1:00 p.m. 11:00 a.m. at least: (i) three (3) Business Days prior to the requested date of any Borrowing other than for a Base Rate Loan; (ii) three (3) Business Days prior to the conversion of Base Rate Loans to another Type of Syndicated Loan, the conversion of Eurocurrency Rate Loans (or Floating LIBOR Rate Loan) to another Type of Syndicated Loan or the continuation of Eurocurrency Rate Loans; (iii) five (5) Business Days prior to the requested date of any Borrowing of, conversion to or continuation of LIBOR Rate Loans or of any conversion of LIBOR Rate Loans to Base Rate Loansdenominated in Alternative Currencies; and (iiiv) one (1) Business Day prior to the requested date of any Borrowing of Base Rate Loans. Each Loan Notice shall specify: (A) whether the Borrower Party is requesting a Borrowing, a conversion of Loans from one a Eurocurrency Rate Loan, a Floating LIBOR Rate Loan or Base Rate Loan to another Type of Loan to the otherSyndicated Loan, or a continuation of LIBOR Eurocurrency Rate Loans; (B) the requested date of the Borrowing, conversion or continuation, as the case may be (which shall be a Business Day, the "Loan Date"); (C) the principal amount of Syndicated Loans to be borrowed, converted or continued; (D) if any portion of such Borrowing is not to be funded by a Conduit Lender through the issuance of Commercial Paper, whether such portion of such Borrowing is to be funded instead as a Base Rate Loan or a Eurocurrency Rate Loan (it being understood that if any Conduit Lender elects to fund any portion of a Loan through its Liquidity Provider, such Conduit Lender's Funding Agent shall determine whether such portion shall bear interest based on the Eurocurrency Rate or the Base Rate for the period prior to the time such portion of such Loan is funded through the issuance of Commercial Paper); (E) the Type of Syndicated Loans to be borrowed which any existing Eurocurrency Rate Loans, Floating LIBOR Rate Loans or to which existing Base Rate Loans are to be converted; (EF) if applicablewith respect to a Eurocurrency Rate Loan, the duration of the Interest Period with respect thereto; and (FG) to which account the proceeds of such Borrowing Borrowing, conversion or continuation should be directed; and (H) the currency of the Loans to be borrowed. If a Borrower Party fails to specify a currency in a Loan Notice requesting a Borrowing, then the Syndicated Loans so requested shall be made in Dollars. If a Borrower Party fails to specify a Type of Syndicated Loan in a Loan Notice or if a Borrower Party fails to give a timely notice requesting a conversion or continuationcontinuation with respect to a Eurocurrency Rate Loan or Base Rate Loan, then the applicable Syndicated Loans shall be made as, or converted to, Base Rate Loans; provided, however, that in the case of a failure to timely request a continuation of Syndicated Loans denominated in an Alternative Currency, such Syndicated Loans shall be continued as Eurocurrency Rate Loans in their original currency with an Interest Period of one (1) month. Any such automatic conversion to Base Rate Loans shall be effective as of the last day of the Interest Period then in effect with respect to the applicable LIBOR Eurocurrency Rate Loans. If a Borrower Party requests a Borrowing of, conversion to, or continuation of LIBOR Rate Loans in any such Loan Notice, but fails to specify an Interest PeriodPeriod with respect to a Eurocurrency Rate Loan, it will be deemed to have specified an Interest Period of one month(1) monthweek. No Syndicated Loan may be converted into or continued as a Syndicated Loan denominated in a different currency, but instead must be prepaid in the original currency of such Syndicated Loan and reborrowed in the other currency.

Appears in 1 contract

Sources: Revolving Credit Agreement (TCW Direct Lending LLC)

Request for Borrowing. Each Borrowing, each conversion of Loans from one Type of Loan to the other, and each continuation of LIBOR Rate Term SOFR Loans shall be made upon the applicable Borrower Party’s Borrowers’ irrevocable notice to the Administrative Agent, which may be given by (A) telephone or (B) a Loan Notice; provided that any telephonic notice must be confirmed promptly by delivery to the Administrative Agent of a Loan Notice (and each Loan Notice submitted by a Qualified Borrower must be countersigned by a Responsible Officer of Borrower)email. Each such Loan Notice notice must be received by the Administrative Agent not later than 1:00 p.m. at least: (i) 11:00 a.m. at least (A) three (3) Business Days prior to the requested date of any Borrowing of, conversion to or continuation of LIBOR Rate Term SOFR Loans or of any conversion of LIBOR Term SOFR Loans to Alternate Base Rate Loans to Base Rate Loans; and (ii) 11:00 a.m. at least one (1) Business Day prior to the requested date of any Borrowing of Alternate Base Rate Loans. Each emailed notice by any Borrower pursuant to this Section 2.03(a) must be confirmed promptly by delivery to the Administrative Agent of a written Loan Notice, appropriately completed and signed by a Responsible Officer of the Borrowers (and each Loan Notice submitted by a Qualified Borrower must be countersigned by a Responsible Officer of the Borrowers), unless otherwise agreed by the Administrative Agent. Each Loan Notice (whether emailed or written) shall specify: (A) whether the Borrower Party is Borrowers are requesting a Borrowing, a conversion of Loans a Loan from one Type of Loan to the other, or a continuation of LIBOR Rate Loansa Term SOFR Loan; (B) the requested date of the Borrowing, conversion or continuation, as the case may be (which shall be a Business Day); (C) the principal amount of Loans the Loan to be borrowed, converted or continued; (D) the Type of Loans Loan to be borrowed or to which existing Loans are Loan is to be converted; (E) if applicable, the duration of the Interest Period with respect theretofor any Term SOFR Loan; (F) [reserved]; and (FG) to which account the proceeds of such Borrowing Borrowing, conversion or continuation should be directed. If a Borrower Party fails the Borrowers fail to specify a Type of Loan in a Loan Notice or if a Borrower Party fails the Borrowers fail to give a timely notice requesting a conversion or continuationconversion, then the applicable Loans Loan shall be made as, or converted to, Base Rate Loansa Term SOFR Loan. Any such automatic conversion to Base Rate Loans a Term SOFR Loan shall be effective as of the last day of the Interest Period then in effect with respect to the applicable LIBOR Rate LoansLoan. If the Borrowers fail to give timely notice requesting a Borrower Party requests a Borrowing of, conversion to, or continuation of LIBOR Rate Loans in any Term SOFR Loans, then such Term SOFR Loan Notice, but fails to specify an shall be automatically renewed with the same Interest Period, it will . Each Loan Notice submitted by the Borrowers shall be deemed to be a representation and warranty that the conditions specified in Sections 7.01 and 7.02 have specified an Interest Period been satisfied on and as of one monththe date of the applicable Borrowing, conversion or continuation.

Appears in 1 contract

Sources: Revolving Credit Agreement (Overland Advantage)

Request for Borrowing. Each Borrowing, each conversion of Loans from one Type of Loan to the other, and each continuation of LIBOR Rate Term SOFR Loans shall be made upon the applicable Borrower Party’s Borrowers’ irrevocable notice to the Administrative Agent, which may be given by (A) telephone or (B) a Loan Notice; provided that any telephonic notice must be confirmed promptly by delivery to the Administrative Agent of a Loan Notice (and each Loan Notice submitted by a Qualified Borrower must be countersigned by a Responsible Officer of Borrower)email. Each such Loan Notice notice (i) must be received by the Administrative Agent not later than 1:00 p.m. at least: (i) 11:00 a.m. at least (A) three (3) Business Days prior to the requested date of any Borrowing of, conversion to or continuation of LIBOR Rate Term SOFR Loans or of any conversion of LIBOR Term SOFR Loans to Alternate Base Rate Loans and (ii)under the Committed Tranche or (B) five (5) Business Days prior to Base Rate Loans; the requested date of any Borrowing of or continuation of Term SOFR Loans under the Uncommitted Tranche and (ii) must be received by the Administrative Agent not later than 11:00 a.m. at least one (1) Business Day prior to the requested date of any Borrowing of Alternate Base Rate LoansLoans under the Committed Tranche; provided that, with the consent of the Lenders, Borrowing of Alternate Base Rate Loans under the Committed Tranche shall be made on a same-day basis if such notice is received by the Administrative Agent not later than 10:00 a.m. on the day of such Borrowing. Each emailed notice by any Borrower pursuant to this Section 2.03(a) must be confirmed promptly by delivery to the Administrative Agent of a written Loan Notice, appropriately completed and signed by a Responsible Officer of the Borrowers (and each Loan Notice submitted by a Qualified Borrower must be countersigned by a Responsible Officer of the Borrowers), unless otherwise agreed by the Administrative Agent. Each Loan Notice (whether emailed or written) shall specify: (A) whether the Borrower Party is Borrowers are requesting a Borrowing, a conversion of Loans a Loan from one Type of Loan to the other, or a continuation of LIBOR Rate Loansa Term SOFR Loan; (B) the requested date of the Borrowing, conversion or continuation, as the case may be (which shall be a Business Day); (C) the principal amount of Loans the Loan to be borrowed, converted or continued; (D) the Type of Loans Loan to be borrowed or to which existing Loans are Loan is to be converted; (E) if applicable, the duration of the Interest Period with respect theretofor any Term SOFR Loan; (F) whether such Loan will be a Revolving Loan or a Term Loan; and (FG) to which account the proceeds of such Borrowing Borrowing, conversion or continuation should be directeddirected (H) whether such Borrowing, conversion or continuation is being requested under the Committed Tranche or the Uncommitted Tranche and (H) solely with respect to the Uncommitted Tranche, such Loan Notice shall be counter-signed by the applicable Lenders participating in the Uncommitted Tranche. If a Borrower Party fails the Borrowers fail to specify a Type of Loan in a Loan Notice or if a Borrower Party fails the Borrowers fail to give a timely notice requesting a conversion or continuationconversion, then the applicable Loans Loan shall be made as, or converted to, Base Rate Loansa Term SOFR Loan. Any such automatic conversion to Base Rate Loans a Term SOFR Loan shall be effective as of the last day of the Interest Period then in effect with respect to the applicable LIBOR Rate LoansLoan. If the Borrowers fail to give timely notice requesting a Borrower Party requests a Borrowing of, conversion to, or continuation of LIBOR Rate Loans in any Term SOFR Loans, then such Term SOFR Loan Notice, but fails to specify an shall be automatically renewed -52- with the same Interest Period, it will . Each Loan Notice submitted by the Borrowers shall be deemed to be a representation and warranty that the conditions specified in Sections 7.01 and 7.02 have specified an Interest Period been satisfied on and as of one monththe date of the applicable Borrowing, conversion or continuation.

Appears in 1 contract

Sources: Credit Agreement (Overland Advantage)

Request for Borrowing. Each Borrowing, each conversion of Eurocurrency Rate Loans, Floating LIBOR Rate Loans or Base Rate Loans from one Type of Loan to the otheranother, and each continuation of LIBOR Eurocurrency Rate Loans shall be made upon the applicable Borrower Party’s irrevocable notice to Administrative Agent, which may be given by telephone. Unless otherwise agreed by Administrative Agent, each such notice must be received by Administrative Agent not later than 11:00 a.m. at least: (Ai) telephone three (3) Business Days prior to the requested date of any Borrowing other than for a Base Rate Loan; (ii) three (3) Business Days prior to the conversion of Base Rate Loans to another Type of Loan, the conversion of Eurocurrency Rate Loans (or Floating LIBOR Rate Loan) to another Type of Loan or the continuation of Eurocurrency Rate Loans; (Biii) a Loan Noticefive (5) Business Days prior to the requested date of any Borrowing of, conversion to or continuation of Loans denominated in Alternative Currencies; provided that and (iv) one (1) Business Day prior to the requested date of any Borrowing of Base Rate Loans. Each telephonic notice by a Borrower Party pursuant to this Section 2.02 (a) must be confirmed promptly by delivery to the Administrative Agent of a written Loan Notice Notice, appropriately completed and signed by a Responsible Officer of such Borrower Party (and each Loan Notice submitted by a Qualified Borrower must be countersigned by a Responsible Officer of Borrower). Each such Loan Notice must be received by Administrative Agent not later than 1:00 p.m. at least: (iwhether telephonic or written) three (3) Business Days prior to the requested date of any Borrowing of, conversion to or continuation of LIBOR Rate Loans or of any conversion of LIBOR Rate Loans to Base Rate Loans; and (ii) one (1) Business Day prior to the requested date of any Borrowing of Base Rate Loans. Each Loan Notice shall specify: (A) whether the Borrower Party is requesting a Borrowing, a conversion of Loans from one a Eurocurrency Rate Loan, a Floating LIBOR Rate Loan or Base Rate Loan to another Type of Loan to the otherLoan, or a continuation of LIBOR Eurocurrency Rate Loans; (B) the requested date of the Borrowing, conversion or continuation, as the case may be (which shall be a Business Day, the “Loan Date”); (C) the principal amount of Loans to be borrowed, converted or continued; (D) if any portion of such Borrowing is not to be funded by a Conduit Lender through the issuance of Commercial Paper, whether such portion of such Borrowing is to be funded instead as a Base Rate Loan or a Eurocurrency Rate Loan (it being understood that if any Conduit Lender elects to fund any portion of a Loan through its Liquidity Provider, such Conduit Lender’s Funding Agent shall determine whether such portion shall bear interest based on the Eurocurrency Rate or the Base Rate for the period prior to the time such portion of such Loan is funded through the issuance of Commercial Paper); (E) the Type of Loans to be borrowed which any existing Eurocurrency Rate Loans, Floating LIBOR Rate Loans or to which existing Base Rate Loans are to be converted; (EF) if applicablewith respect to a Eurocurrency Rate Loan, the duration of the Interest Period with respect thereto; and (FG) to which account the proceeds of such Borrowing Borrowing, conversion or continuation should be directed; and (H) the currency of the Loans to be borrowed. If a Borrower Party fails to specify a currency in a Loan Notice requesting a Borrowing, then the Loans so requested shall be made in Dollars. If a Borrower Party fails to specify a Type of Loan in a Loan Notice or if a Borrower Party fails to give a timely notice requesting a conversion or continuationcontinuation with respect to a Eurocurrency Rate Loan or Base Rate Loan, then the applicable Loans shall be made as, or converted to, Base Rate Loans; provided, however, that in the case of a failure to timely request a continuation of Loans denominated in an Alternative Currency, such Loans shall be continued as Eurocurrency Rate Loans in their original currency with an Interest Period of one month. Any such automatic conversion to Base Rate Loans shall be effective as of the last day of the Interest Period then in effect with respect to the applicable LIBOR Eurocurrency Rate Loans. If a Borrower Party requests a Borrowing of, conversion to, or continuation of LIBOR Rate Loans in any such Loan Notice, but fails to specify an Interest PeriodPeriod with respect to a Eurocurrency Rate Loan, it will be deemed to have specified an Interest Period of one month.. No Loan may be converted into or continued as a Loan denominated in a different currency, but instead must be prepaid in the original currency of such Loan and reborrowed in the other currency. Table of Contents

Appears in 1 contract

Sources: Revolving Credit Agreement (TCW Direct Lending LLC)

Request for Borrowing. Each Except with respect to Swingline Loans which are addressed in Section 2.07, each Borrowing, each conversion of Eurocurrency Rate Loans or Base Rate Loans from one Type of Syndicated Loan to the otheranother, and each continuation of LIBOR Eurocurrency Rate Loans shall be made upon the applicable Borrower Party’s irrevocable written notice to Administrative Agent. Unless otherwise agreed by Administrative Agent, which may be given by (A) telephone or (B) a Loan Notice; provided that any telephonic each such notice must be confirmed promptly by delivery to the Administrative Agent of a Loan Notice (and each Loan Notice submitted by a Qualified Borrower must be countersigned by a Responsible Officer of Borrower). Each such Loan Notice must be received by Administrative Agent not later than 1:00 p.m. 11:00 a.m. at least: (i) three (3) Business Days prior to the requested date of any Borrowing other than for a Base Rate Loan; (ii) three (3) Business Days prior to the conversion of Base Rate Loans to another Type of Syndicated Loan, the conversion of Eurocurrency Rate Loans to another Type of Syndicated Loan or the continuation of Eurocurrency Rate Loans; (iii) five (5) Business Days prior to the requested date of any Borrowing of, conversion to or continuation of LIBOR Rate Loans or of any conversion of LIBOR Rate Loans to Base Rate Loansdenominated in Alternative Currencies; and (iiiv) one (1) Business Day prior to the requested date of any Borrowing of Base Rate Loans. Each Loan Notice shall specify: (A) whether the Borrower Party is requesting a Borrowing, a conversion of Loans from one a Eurocurrency Rate Loan or Base Rate Loan to another Type of Loan to the otherSyndicated Loan, or a continuation of LIBOR Eurocurrency Rate Loans; (B) the requested date of the Borrowing, conversion or continuation, as the case may be (which shall be a Business Day, the “Loan Date”); (C) the principal amount of Syndicated Loans to be borrowed, converted or continued; (D) if any portion of such Borrowing is not to be funded by a Conduit Lender through the issuance of Commercial Paper, whether such portion of such Borrowing is to be funded instead as a Base Rate Loan or a Eurocurrency Rate Loan (it being understood that if any Conduit Lender elects to fund any portion of a Loan through its Liquidity Provider, such Conduit Lender’s Funding Agent shall determine whether such portion shall bear interest based on the Eurocurrency Rate or the Base Rate for the period prior to the time such portion of such Loan is funded through the issuance of Commercial Paper); (E) the Type of Syndicated Loans to be borrowed which any existing Eurocurrency Rate Loans or to which existing Base Rate Loans are to be converted; (EF) if applicablewith respect to a Eurocurrency Rate Loan, the duration of the Interest Period with respect thereto; and (FG) to which account the proceeds of such Borrowing Borrowing, conversion or continuation should be directed; and (H) the currency of the Loans to be borrowed. If a Borrower Party fails to specify a currency in a Loan Notice requesting a Borrowing, then the Syndicated Loans so requested shall be made in Dollars. If a Borrower Party fails to specify a Type of Syndicated Loan in a Loan Notice or if a Borrower Party fails to give a timely notice requesting a conversion or continuationcontinuation with respect to a Eurocurrency Rate Loan or Base Rate Loan, then the applicable Syndicated Loans shall be made as, or converted to, Base Rate Loans; provided, however, that in the case of a failure to timely request a continuation of Syndicated Loans denominated in an Alternative Currency, such Syndicated Loans shall be continued as Eurocurrency Rate Loans in their original currency with an Interest Period of one (1) month. Any such automatic conversion to Base Rate Loans shall be effective as of the last day of the Interest Period then in effect with respect to the applicable LIBOR Eurocurrency Rate Loans. If a Borrower Party requests a Borrowing of, conversion to, or continuation of LIBOR Rate Loans in any such Loan Notice, but fails to specify an Interest PeriodPeriod with respect to a Eurocurrency Rate Loan, it will be deemed to have specified an Interest Period of one month(1) week. No Syndicated Loan may be converted into or continued as a Syndicated Loan denominated in a different currency, but instead must be prepaid in the original currency of such Syndicated Loan and reborrowed in the other currency.

Appears in 1 contract

Sources: Revolving Credit Agreement (TCW Direct Lending LLC)

Request for Borrowing. Each Except with respect to Swingline Loans which are addressed in Section 2.07, each Borrowing, each conversion of Eurocurrency RateDaily SOFR Loans or Term SOFR Loans or Base Rate Loans from one Type of Syndicated Loan to the otheranother, and each continuation of LIBOR Rate Eurocurrency RateTerm SOFR Loans shall be made upon the applicable Borrower Party’s irrevocable written notice to Administrative Agent. Unless otherwise agreed by Administrative Agent, which may be given by (A) telephone or (B) a Loan Notice; provided that any telephonic each such notice must be confirmed promptly by delivery to the Administrative Agent of a Loan Notice (and each Loan Notice submitted by a Qualified Borrower must be countersigned by a Responsible Officer of Borrower). Each such Loan Notice must be received by Administrative Agent not later than 1:00 p.m. 11:00 a.m. at least: (i) three (3) Business Days prior to the requested date of any Borrowing other than for a Base Rate Loan or Daily SOFR Loan; (ii) three (3) Business Days prior to the conversion of Base Rate Loans to another Type of Syndicated Loan, the conversion of Eurocurrency Rate Loans to another Type of Syndicated Loan or the continuation of Eurocurrency RateTerm SOFR Loans; and (iii) five (5) Business Days prior to the requested date of any Borrowing of, conversion to or continuation of LIBOR Rate Loans or of any conversion of LIBOR Rate Loans to Base Rate Loansdenominated in Alternative Currencies; and (iiiv) one (1) Business Day prior to the requested date of any Borrowing of Base Rate Loans ; provided, however, to the extent a Borrower Party requires same day funding for a U.S. Dollar denominated Base Rate Loan in an amount not to exceed $10,000,000, the Administrative Agent must have received notice for such Base Rate Loan not later than 10:00 a. m. on the requested Borrowing date. Each notice by a Borrower Party pursuant to this Section 2.02(a) must be by delivery to Administrative Agent of a written Loan Notice, appropriately completed and signed by a Responsible Officer of such Borrower Party (and each Loan Notice submitted by a Qualified Borrower must be countersigned by a Responsible Officer of Borrower)or Daily SOFR Loans or of any conversion of Daily SOFR Loans or Term SOFR Loans to Base Rate Loans. Each Loan Notice shall specify: (A) whether the Borrower Party is requesting a Borrowing, a conversion of Loans from one a Eurocurrency RateDaily SOFR Loan, Term SOFR Loan or Base Rate Loan to another Type of Loan to the otherSyndicated Loan, or a continuation of LIBOR Rate Eurocurrency RateTerm SOFR Loans; (B) the requested date of the Borrowing, conversion or continuation, as the case may be (which shall be a Business Day, the “Loan Date”); (C) the principal amount of Syndicated Loans to be borrowed, converted or continued; (D) if any portion of such Borrowing is not to be funded by a Conduit Lender through the issuance of Commercial Paper, whether such portion of such Borrowing is to be funded instead as a Base Rate Loan, Daily SOFR Loan or a Eurocurrency RateTerm SOFR Loan (it being understood that if any Conduit Lender elects to fund any portion of a Loan through its Liquidity Provider, such Conduit Lender’s Funding Agent shall determine whether such portion shall bear interest based on the EurocurrencyDaily Simple SOFR, Adjusted Term SOFR Rate or the Base Rate for the period prior to the time such portion of such Loan is funded through the issuance of Commercial Paper); (E) the Type of Syndicated Loans to be borrowed which any existing Eurocurrency RateDaily SOFR Loans, Term SOFR Loans or to which existing Base Rate Loans are to be converted; and (EF) if applicablewith respect to a Eurocurrency Rate Loan, the duration of the Interest Period with respect thereto; and (FG) to which account the proceeds of such Borrowing Borrowing, conversion or continuation should be directed; and (H) the currency of the Loans to be borrowed. If a Borrower Party fails to specify a currency in a Loan Notice requesting a Borrowing, then the Syndicated Loans so requested shall be made in Dollars. If a Borrower Party fails to specify a Type of Syndicated Loan in a Loan Notice or if if. If a Borrower Party fails to give a timely notice requesting a conversion or continuationcontinuation with respect to a Eurocurrency Rateof a Term SOFR Loan, then the applicable Loans Syndicated LoansLoan shall be made as, or converted to, Base a Eurocurrency Rate LoansLoan with an Interest Period of one (1) week; provided, however, that in the case of a failure to timely request a continuation of Syndicated Loans denominated in an Alternative Currency, such Syndicated Loans shall be continued as Eurocurrency Rate Loans in their original currencycontinued as a Term SOFR Loan with an Interest Period of one (1) week. Any 4890-4745-6322 v.15 48 Anymonth, and such automatic conversion to Base Rate Loans conversioncontinuation shall be effective as of the last day of the Interest Period then in effect with respect to the applicable LIBOR Eurocurrency Rate LoansLoansTerm SOFR Loan. If a Borrower Party requests a Borrowing of, conversion to, or continuation of LIBOR Rate Loans in any such Loan Notice, but fails to specify an Interest PeriodPeriod with respect to a Eurocurrency RateTerm SOFR Loan, it will be deemed to have specified an Interest Period of one month(1) week. No Syndicated Loan may be converted into or continued as a Syndicated Loan denominated in a different currency, but instead must be prepaid in the original currency of such Syndicated Loan and reborrowed in the other currencymonth.

Appears in 1 contract

Sources: Revolving Credit Agreement (TCW Direct Lending VII LLC)

Request for Borrowing. Each Borrowing, each conversion of Loans from one Type of Loan to the otheranother Type of Loan, and each continuation of LIBOR a Eurocurrency Rate Loans Loan or RFR Loan shall be made upon the applicable Borrower Party’s irrevocable notice to Administrative AgentAgent (a “Request for Borrowing”), which may be given by telephone. Each notice: (Ai) telephone or (B) a Loan Notice; provided that any telephonic notice must shall be confirmed promptly by delivery furnished to the Administrative Agent no later than 2:00 p.m. (x) on the requested date of Borrowing in the case of a Loan Notice Base Rate Loan, provided that, any such Loans shall not exceed the Daily Borrowing Sublimit, or one (and each Loan Notice submitted by a Qualified Borrower must be countersigned by a Responsible Officer 1) Business Day prior to the requested date of Borrower). Each such Loan Notice must be received by Administrative Agent not later than 1:00 p.m. Borrowing for any Base Rate Loans in excess of the Daily Borrowing Sublimit, (y) at least: (i) least three (3) Business Days prior to the requested date of any Borrowing ofin the case of a RFR Loan in Dollars or an Eurocurrency Rate Loan in Euro, conversion to or continuation of LIBOR Rate Loans or of any conversion of LIBOR Rate Loans to Base Rate Loans; and (iiz) one at least four (14) Business Day Days prior to the requested date of any Borrowing in the case of Base an Eurocurrency Rate LoansLoan or RFR Loan in an Alternative Currency other than Euro; and (ii) must specify: (A) the amount and currency of such Borrowing; (B) the Interest Option; (C) the Interest Period therefor, if applicable; and (D) the date of such Borrowing, which shall be a Business Day. Each telephonic notice by a Borrower Party pursuant to this Section 2.02(a) must be confirmed promptly by delivery to Administrative Agent of a written Loan Notice, appropriately completed and signed by a Responsible Officer of such Borrower Party. Each Loan Notice (whether telephonic or written) shall be delivered together with a Borrowing Base Certificate, and shall specify: (A) whether the Borrower Party is requesting a Borrowing, a conversion of Loans from one Type of Loan to the other, or a continuation of LIBOR Eurocurrency Rate Loans or RFR Loans; (B) the requested date of the Borrowing, conversion or continuation, as the case may be (which shall be a Business Day); (C) the principal amount of Loans to be borrowed, converted or continued; (D) the Type of Loans to be borrowed or to which existing Loans are to be converted; (E) if applicable, the duration of the Interest Period with respect thereto; and (F) to which account the proceeds of such Borrowing should be directed. If a Borrower Party fails to specify a Type of Loan in a Loan Notice or if a Borrower Party fails to give a timely notice requesting a conversion or continuation, then the applicable Loans shall be made as, or converted to, continued as Base Rate Loans. Any such automatic conversion to Base Rate Loans shall be effective as of the last day of the Interest Period then in effect with respect to the applicable LIBOR Rate Loans. If a Borrower Party requests a Borrowing of, conversion to, or continuation of LIBOR Eurocurrency Rate Loans or RFR Loans in any such Loan Notice, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month.

Appears in 1 contract

Sources: Revolving Credit Agreement (Carlyle Secured Lending III)

Request for Borrowing. Each Borrowing, each conversion of Loans from one Type of Loan to the other, and each continuation of LIBOR Rate Term SOFR Loans shall be made upon the applicable Borrower Party’s Borrowers’ irrevocable notice to the Administrative Agent, which may be given by (A) telephone or (B) a Loan Notice; provided that any telephonic notice must be confirmed promptly by delivery to the Administrative Agent of a Loan Notice (and each Loan Notice submitted by a Qualified Borrower must be countersigned by a Responsible Officer of Borrower)email. Each such Loan Notice notice must be received by the Administrative Agent not later than 1:00 p.m. at least: (i) 11:00 a.m. at least (A) three (3) Business Days prior to the requested date of any Borrowing of, conversion to or continuation of LIBOR Rate Term SOFR Loans or of any conversion of LIBOR Term SOFR Loans to Alternate Base Rate Loans to Base Rate Loans; and (ii) 11:00 a.m. at least one (1) Business Day prior to the requested date of any Borrowing of Alternate Base Rate Loans; provided that, with the consent of the Lenders, Borrowing of Alternate Base Rate Loans shall be made on a same-day basis if such notice is received by the Administrative Agent not later than 10:00 a.m. on the day of such Borrowing. Each emailed notice by any Borrower pursuant to this Section 2.03(a) must be confirmed promptly by delivery to the Administrative Agent of a written Loan Notice, appropriately completed and signed by a Responsible Officer of the Borrowers (and each Loan Notice submitted by a Qualified Borrower must be countersigned by a Responsible Officer of the Borrowers), unless otherwise agreed by the Administrative Agent. Each Loan Notice (whether emailed or written) shall specify: (A) whether the Borrower Party is Borrowers are requesting a Borrowing, a conversion of Loans a Loan from one Type of Loan to the other, or a continuation of LIBOR Rate Loansa Term SOFR Loan; (B) the requested date of the Borrowing, conversion or continuation, as the case may be (which shall be a Business Day); (C) the principal amount of Loans the Loan to be borrowed, converted or continued; (D) the Type of Loans Loan to be borrowed or to which existing Loans are Loan is to be converted; (E) if applicable, the duration of the Interest Period with respect theretofor any Term SOFR Loan; (F) [reserved]whether such Loan will be a Revolving Loan or a Term Loan; and (FG) to which account the proceeds of such Borrowing Borrowing, conversion or continuation should be directed. If a Borrower Party fails the Borrowers fail to specify a Type of Loan in a Loan Notice or if a Borrower Party fails the Borrowers fail to give a timely notice requesting a conversion or continuationconversion, then the applicable Loans Loan shall be made as, or converted to, Base Rate Loansa Term SOFR Loan. Any such automatic conversion to Base Rate Loans a Term SOFR Loan shall be effective as of the last day of the Interest Period then in effect with respect to the applicable LIBOR Rate LoansLoan. If the Borrowers fail to give timely notice requesting a Borrower Party requests a Borrowing of, conversion to, or continuation of LIBOR Rate Loans in any Term SOFR Loans, then such Term SOFR Loan Notice, but fails to specify an shall be automatically renewed with the same Interest Period, it will . Each Loan Notice submitted by the Borrowers shall be deemed to be a representation and warranty that the conditions specified in Sections 7.01 and 7.02 have specified an Interest Period been satisfied on and as of one monththe date of the applicable Borrowing, conversion or continuation.

Appears in 1 contract

Sources: Revolving Credit Agreement (Overland Advantage)

Request for Borrowing. Each Borrowing, each conversion of Loans from one Type of Loan to the other, and each continuation of LIBOR Rate Loans Borrowing hereunder shall be made by one or more Borrowers. The applicable Borrower(s) shall give the Administrative Agent notice at the Agency Services Address of the date of each requested Borrowing hereunder, which notice may be by telephone, if confirmed in writing, facsimile, electronic mail, or other written communication (a “Request for Borrowing”), substantially in the form of Exhibit E hereto, and which notice shall be effective upon receipt by the applicable Borrower Party’s irrevocable notice to Administrative Agent, which may . Each Request for Borrowing: (i) shall be given by (A) telephone or (B) a Loan Notice; provided that any telephonic notice must be confirmed promptly by delivery furnished to the Administrative Agent of a Loan Notice (and each Loan Notice submitted by a Qualified Borrower must be countersigned by a Responsible Officer of Borrower). Each such Loan Notice must be received by Administrative Agent not no later than 1:00 p.m. 11:00 a.m. (New York time) at least: (i) least three (3) Business Days prior to the requested date of any the Borrowing of, conversion with respect to or continuation of a LIBOR Rate Loans Loan or four (4) Business Days prior to the requested date of any conversion of LIBOR Rate Loans the Borrowing with respect to Base Rate Loansan Alternative Currency Loan; and (ii) shall be furnished to the Administrative Agent no later than 1:00 p.m. (New York time) at least one (1) Business Day prior to the requested date of any the Borrowing of with respect to an Alternate Base Rate Loans. Each Loan Notice (which shall only be available in Dollars); provided that, should the Administrative Agent receive less than one (1) Business Day’s notice of a Request for Borrowing relating to an Alternate Base Rate Loan, the Administrative Agent will make commercially reasonable best efforts to permit such Loan to be funded on the date of such Request for Borrowing in accordance with Section 2.5 so long as such Request for Borrowing is received on a Business Day and otherwise complies with the terms of this Credit Agreement, and (iii) must specify: (A) whether the Borrower Party is requesting a amount of such Borrowing, a conversion of Loans from one Type of Loan to the other, or a continuation of LIBOR Rate Loans; (B) the requested Interest Option, if such Loan is to be funded in Dollars; (C) the Interest Period for such Loan, if applicable; (D) the currency; and (E) the date of the such Borrowing, conversion or continuation, as the case may be (which shall be a Business Day); . Any Request for Borrowing received by the Administrative Agent after 11:00 a.m. (CNew York time) in respect of a LIBOR Rate Loan or Alternative Currency Loan or 1:00 p.m. in respect of an Alternate Base Rate Loan shall be deemed to have been given by the principal amount of Loans applicable Borrower(s) on the next succeeding Business Day. Each Request for Borrowing submitted by a Borrower shall be deemed to be borrowed, converted or continued; a representation and warranty that the conditions specified in Sections 6.1 (D) the Type of Loans to be borrowed or to which existing Loans are to be converted; (E) if applicable, the duration of the Interest Period with respect thereto; and (F) to which account the proceeds of such Borrowing should be directed. If a Borrower Party fails to specify a Type of Loan in a Loan Notice or if a Borrower Party fails to give a timely notice requesting a conversion or continuation, then the applicable Loans shall be made as, or converted to, Base Rate Loans. Any such automatic conversion to Base Rate Loans shall be effective as of the last day of the Interest Period then in effect with respect to the initial advance under this Credit Agreement), 6.2, and if applicable, 6.3 have been satisfied on and as of the date of the applicable LIBOR Rate LoansBorrowing. If a Borrower Party requests a No Request for Borrowing of, conversion to, shall be valid hereunder for any purpose unless it shall have been accompanied or continuation of LIBOR Rate Loans preceded by the information and other documents required to be delivered in any such Loan Notice, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one monthaccordance with this Section.

Appears in 1 contract

Sources: Revolving Credit Agreement (Goldman Sachs Middle Market Lending Corp. II)

Request for Borrowing. Each Except with respect to Swingline Loans which are addressed in Section 2.07, each Borrowing, each conversion of Eurocurrency Rate Loans, Floating LIBOR Rate Loans or Base Rate Loans from one Type of Syndicated Loan to the otheranother, and each continuation of LIBOR Eurocurrency Rate Loans shall be made upon the applicable Borrower Party’s irrevocable notice to Administrative Agent. Unless otherwise agreed by Administrative Agent, which may be given by (A) telephone or (B) a Loan Notice; provided that any telephonic each such notice must be confirmed promptly by delivery to the Administrative Agent of a Loan Notice (and each Loan Notice submitted by a Qualified Borrower must be countersigned by a Responsible Officer of Borrower). Each such Loan Notice must be received by Administrative Agent not later than 1:00 p.m. 11:00 a.m. at least: (i) three (3) Business Days prior to the requested date of any Borrowing other than for a Base Rate Loan; (ii) three (3) Business Days prior to the conversion of Base Rate Loans to another Type of Syndicated Loan, the conversion of Eurocurrency Rate Loans (or Floating LIBOR Rate Loan) to another Type of Syndicated Loan or the continuation of Eurocurrency Rate Loans; (iii) five (5) Business Days prior to the requested date of any Borrowing of, conversion to or continuation of LIBOR Rate Loans or of any conversion of LIBOR Rate Loans to Base Rate Loansdenominated in Alternative Currencies; and (iiiv) one (1) Business Day prior to the requested date of any Borrowing of Base Rate Loans. Each Loan Notice shall specify: (A) whether the Borrower Party is requesting a Borrowing, a conversion of Loans from one a Eurocurrency Rate Loan, a Floating LIBOR Rate Loan or Base Rate Loan to another Type of Loan to the otherSyndicated Loan, or a continuation of LIBOR Eurocurrency Rate Loans; (B) the requested date of the Borrowing, conversion or continuation, as the case may be (which shall be a Business Day, the “Loan Date”); (C) the principal amount of Syndicated Loans to be borrowed, converted or continued; (D) if any portion of such Borrowing is not to be funded by a Conduit Lender through the issuance of Commercial Paper, whether such portion of such Borrowing is to be funded instead as a Base Rate Loan or a Eurocurrency Rate Loan (it being understood that if any Conduit Lender elects to fund any portion of a Loan through its Liquidity Provider, such Conduit Lender’s Funding Agent shall determine whether such portion shall bear interest based on the Eurocurrency Rate or the Base Rate for the period prior to the time such portion of such Loan is funded through the issuance of Commercial Paper); (E) the Type of Syndicated Loans to be borrowed which any existing Eurocurrency Rate Loans, Floating LIBOR Rate Loans or to which existing Base Rate Loans are to be converted; (EF) if applicablewith respect to a Eurocurrency Rate Loan, the duration of the Interest Period with respect thereto; and (FG) to which account the proceeds of such Borrowing Borrowing, conversion or continuation should be directed; and (H) the currency of the Loans to be borrowed. If a Borrower Party fails to specify a currency in a Loan Notice requesting a Borrowing, then the Syndicated Loans so requested shall be made in Dollars. If a Borrower Party fails to specify a Type of Syndicated Loan in a Loan Notice or if a Borrower Party fails to give a timely notice requesting a conversion or continuationcontinuation with respect to a Eurocurrency Rate Loan or Base Rate Loan, then the applicable Syndicated Loans shall be made as, or converted to, Base Rate Loans; provided, however, that in the case of a failure to timely request a continuation of Syndicated Loans denominated in an Alternative Currency, such Syndicated Loans shall be continued as Eurocurrency Rate Loans in their original currency with an Interest Period of one (1) month. Any such automatic conversion to Base Rate Loans shall be effective as of the last day of the Interest Period then in effect with respect to the applicable LIBOR Eurocurrency Rate Loans. If a Borrower Party requests a Borrowing of, conversion to, or continuation of LIBOR Rate Loans in any such Loan Notice, but fails to specify an Interest PeriodPeriod with respect to a Eurocurrency Rate Loan, it will be deemed to have specified an Interest Period of one (1) month. No Syndicated Loan may be converted into or continued as a Syndicated Loan denominated in a different currency, but instead must be prepaid in the original currency of such Syndicated Loan and reborrowed in the other currency.

Appears in 1 contract

Sources: Revolving Credit Agreement (TCW Direct Lending LLC)

Request for Borrowing. Each Borrowing, each conversion of Loans from one Type of Syndicated Loan to the otheranother, and each continuation of LIBOR Rate Term SOFR Loans shall be made upon the applicable Borrower Party’s irrevocable written notice to Administrative Agent. Unless otherwise agreed by Administrative Agent, which may be given by (A) telephone or (B) a Loan Notice; provided that any telephonic each such notice must be confirmed promptly received by Administrative Agent not later than 1:00 p.m. at least: (i) one (1) Business Day prior to the requested date of any Borrowing, provided, however, to the extent a Borrower Party requires same day funding for a Daily SOFR Loan or Base Rate Loan, in an amount not to exceed $10,000,000, the Administrative Agent must have received notice for such Daily SOFR Loan or Base Rate Loan not later than 10:00 a.m. on the requested Borrowing date; and (ii) three (3) Business Days prior to the conversion of Daily SOFR Loans to another Type of Syndicated Loan, the conversion of Base Rate Loans to another Type of Syndicated Loan, the conversion of Term SOFR Loans to another Type of Syndicated Loan or the continuation of Term SOFR Loans. Each notice by a Borrower Party pursuant to this Section 2.02(a) must be by delivery to the Administrative Agent of a written Loan Notice Notice, appropriately completed and signed by a Responsible Officer of such Borrower Party (and each Loan Notice submitted by a Qualified Borrower must be countersigned by a Responsible Officer of Borrower). Each such Loan Notice must be received by Administrative Agent not later than 1:00 p.m. at least: (i) three (3) Business Days prior to the requested date of any Borrowing of, conversion to or continuation of LIBOR Rate Loans or of any conversion of LIBOR Rate Loans to Base Rate Loans; and (ii) one (1) Business Day prior to the requested date of any Borrowing of Base Rate Loans. Each Loan Notice shall specify: (A) whether the Borrower Party is requesting a Borrowing, a conversion of Loans from one a Term SOFR Loan or Daily SOFR Loan, or Base Rate Loan to another Type of Loan to the otherSyndicated Loan, or a continuation of LIBOR Rate Term SOFR Loans; (B) the requested date of the Borrowing, conversion or continuation, as the case may be (which shall be a Business Day, the “Loan Date”); (C) the principal amount of Syndicated Loans to be borrowed, converted or continued; (D) if any portion of such Borrowing is not to be funded by a Conduit Lender through the issuance of Commercial Paper, whether such portion of such Borrowing is to be funded instead as a Daily SOFR Loan, Term SOFR Loan or a Base Rate Loan (it being understood that if any Conduit Lender elects to fund any portion of a Loan through its Liquidity Provider, such Conduit Lender’s Funding Agent shall determine whether such portion shall bear interest based on Term SOFR, Daily SOFR or the Base Rate, for the period prior to the time such portion of such Loan is funded through the issuance of Commercial Paper); (E) the Type of Syndicated Loans to be borrowed or to which any existing Loans are Syndicated Loan is to be converted; (EF) if applicablewith respect to a Term SOFR Loan, the duration of the Interest Period with respect thereto; and (FG) to which account the proceeds of such Borrowing Borrowing, conversion or continuation should be directed. If a Borrower Party fails to specify a Type of Syndicated Loan in a Loan Notice or if a Borrower Party fails to give a timely notice requesting a conversion or continuationcontinuation with respect to a Term SOFR Loan, then the applicable Loans Syndicated Loan shall be made as, or converted to, Base Rate Loansa Daily SOFR Loan. Any such automatic conversion to Base Rate Loans shall be effective as of the last day of the Interest Period then in effect with respect to the applicable LIBOR Rate Loans. If a Borrower Party requests a Borrowing of, conversion to, or continuation of LIBOR Rate Loans in any such Loan Notice, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one monthTerm SOFR Loan.

Appears in 1 contract

Sources: Revolving Credit Agreement (TCW Direct Lending VII LLC)

Request for Borrowing. Each Borrowing, each conversion of Loans from one Type of Loan to the other, and each continuation of LIBOR RFR Rate Loans shall be made upon the applicable Borrower Partya Borrower’s irrevocable notice to Administrative Agent, which may be given by (A) telephone or (B) a Loan Notice; provided that any telephonic notice must be confirmed promptly by delivery to electronic mail pursuant to, and in accordance with the Administrative Agent terms of a Loan Notice (and each Loan Notice submitted by a Qualified Borrower must be countersigned by a Responsible Officer of Borrower)this Credit Agreement. Each such Loan Notice notice must be received by Administrative Agent not later than 1:00 p.m. at least: (i) three (3) Business Days prior to the requested date of any Borrowing of, conversion to or continuation of LIBOR RFR Rate Loans or of any conversion of LIBOR RFR Rate Loans to Alternate Base Rate Loans; and (ii) three (3) Business Days (or four (4) Business Days, in the case of Loans denominated in Special Notice Currencies) prior to the requested date of any Borrowing of, conversion to or continuation of Loans denominated in any Alternative Currency; and (iii) 1:00 p.m. one (1) Business Day prior to the requested date of any Borrowing of Alternate Base Rate Loans. Each telephonic notice by the Borrower pursuant to this Section 2.03 (a) must be confirmed promptly by delivery to Administrative Agent of a written Loan Notice, appropriately completed and signed by a Responsible Officer of Borrower (and each Loan Notice submitted by a Qualified Borrower must be countersigned by a Responsible Officer of the Borrower). Each Loan Notice (whether telephonic or written) shall specify: (A) whether the Borrower Party is requesting a Borrowing, a conversion of Loans from one Type of Loan to the other, or a continuation of LIBOR RFR Rate Loans; (B) the requested date of the Borrowing, conversion or continuation, as the case may be (which shall be a Business Day); (C) the principal amount of Loans to be borrowed, converted or continued; (D) the Type of Loans to be borrowed or to which existing Loans are to be converted; (E) if applicable, the duration of the Interest Period with respect thereto; and (F) to which account the proceeds of such Borrowing Borrowing, conversion or continuation should be directed; (G) the applicable Borrower(s) and Fund Group(s) (and, in the case of a Borrowing by a Qualified Borrower, the identity of the Borrower(s) that will guaranty such Borrowing); (H) whether such Loan shall be denominated in Dollars or an Alternative Currency; and (I) whether such Loan is an ESG Credit Extension and the applicable Interest Rate Step-Down. If a the Borrower Party fails to specify a Type of Loan in a Loan Notice or if a the Borrower Party fails to give a timely notice requesting a conversion or continuation, then the applicable Loans shall be made as, or converted to, Base RFR Rate Loans. Any such automatic conversion to Base RFR Rate Loans shall be effective as of the last day of the Interest Period then in effect with respect to the applicable LIBOR Alternate Base Rate Loans. If a , it being understood that the Borrower Party requests a Borrowing of, conversion to, or continuation of LIBOR may cause any Alternate Base Rate Loans in any such Loan Notice, but fails to specify be converted to RFR Rate Loans at the end of an Interest PeriodPeriod upon three (3) Business Days prior written notice, it will and subject to the requirements set forth in this Agreement. Each Loan Notice submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 7.01 and 7.02 have specified an Interest Period been satisfied on and as of one month.the date of the applicable Borrowing, conversion or continuation. 44

Appears in 1 contract

Sources: Revolving Credit Agreement (Lafayette Square Empire BDC, Inc.)

Request for Borrowing. Each Borrowing, each conversion of Base Rate Loans, Term SOFR Loans, Alternative Currency Term Rate Loan, Daily ▇▇▇▇▇ Loans or Daily ▇▇▇▇▇ Loans from one Type of Loan to the otheranother, and each continuation of LIBOR Term SOFR Loans or Alternative Currency Term Rate Loans shall be made upon the applicable Borrower Fund Party’s irrevocable notice to Administrative Agent, which may be given by (A) telephone or (B) a Loan Notice; provided that any telephonic Agent in writing. Each such notice must be confirmed promptly received by delivery Administrative Agent not later than 11:00 a.m. at least: (i) three (3) U.S. Government Securities Business Days prior to the Administrative Agent requested date of any Borrowing of, conversion to or continuation of Term SOFR Loans; (ii) four (4) Business Days prior to the requested date of any Borrowing of or conversion to Daily ▇▇▇▇▇ Loans or Daily ▇▇▇▇▇ Loans; (iii) on the requested date of any Borrowing of or any conversion to Base Rate Loans; and (iv) four (4) Business Days prior to the requested date of any Borrowing of, conversion to or continuation of Alternative Currency Term Rate Loans. Each notice by a Fund Party pursuant to this Section 2.02(a) must be a written Loan Notice Notice, appropriately completed and signed by a Responsible Officer of such Fund Party (and each Loan Notice submitted by a Qualified Borrower must be countersigned by a Responsible Officer of the applicable Borrower). Each such Loan Notice must be received by Administrative Agent not later than 1:00 p.m. at least: (i) three (3) Business Days prior to the requested date of any Borrowing of, conversion to or continuation of LIBOR Rate Loans or of any conversion of LIBOR Rate Loans to Base Rate Loans; and (ii) one (1) Business Day prior to the requested date of any Borrowing of Base Rate Loans. Each Loan Notice shall specify: (A) whether the Borrower Fund Party is requesting a Borrowing, a conversion of Loans from one a Loan to another Type of Loan to the otherLoan, or a continuation of LIBOR Term SOFR Loans or Alternative Currency Term Rate Loans; (B) the requested date of the Borrowing, conversion or continuation, as the case may be (which shall be a Business Day, the “Loan Date”); (C) the principal amount of Loans to be borrowed, converted or continued; (D) if a Borrowing or continuation, the Type of Loans to be borrowed or continued (a Base Rate Loan, a Term SOFR Loan, an Alternative Currency Term Rate Loan, a Daily ▇▇▇▇▇ Loan or a Daily ▇▇▇▇▇ Loan); (E) if a conversion, the Type of Loans to which any existing Term SOFR Loans, Alternative Currency Term Rate Loans, Daily ▇▇▇▇▇ Loans, Daily ▇▇▇▇▇ Loans or Base Rate Loans are to be converted; (EF) if applicablethe account to which the proceeds of such Borrowing, conversion or continuation should be directed; (G) the currency of the Loans to be borrowed; and (H) with respect to a Term SOFR Loan or an Alternative Currency Term Rate Loan, the duration of the Interest Period with respect thereto; , and (F) with respect to which account a Daily ▇▇▇▇▇ Loans or a Daily ▇▇▇▇▇ Loan, the proceeds duration of such Borrowing should be directedthe Interest Payment Period with respect thereto. If a Borrower Party fails to specify a Type of Loan in a Loan Notice or if a Borrower Fund Party fails to give a timely notice requesting a conversion or continuation, then the applicable Loans shall be made as, or converted to, Base Rate Loans. Any such automatic conversion to Base Rate Loans shall be effective as of continued with the last day of the same interest option and Interest Period then as in effect with respect to the applicable LIBOR Rate Loanseffect. If a Borrower Fund Party requests a Borrowing of, conversion to, or continuation of LIBOR Rate Loans in any such Loan Notice, but fails to specify an Interest PeriodPeriod with respect to a Term SOFR Loan or an Alternative Currency Term Rate Loan, it will be deemed to have specified an Interest Period of one month. Each Loan Notice submitted by a Fund Party shall be deemed to be a representation and warranty that the applicable conditions specified in Section 6.02 have been satisfied on and as of the date of the applicable Borrowing. Other than pursuant to Section 2.02(e), No Loan may be converted into or continued as a Loan denominated in a different currency, but instead must be prepaid in the original currency of such Loan and reborrowed in the other currency.

Appears in 1 contract

Sources: Revolving Credit Agreement (West Bay BDC LLC)

Request for Borrowing. Each Borrowing, each conversion of Base Rate Loans, EurodollarTerm SOFR Loans, Alternative Currency Term Rate Loans or Daily ▇▇▇▇▇ Loans from one Type of Loan to the otheranother, and each continuation of LIBOR EurodollarTerm SOFR Loans or Alternative Currency Term Rate Loans shall be made upon the applicable Borrower Party’s irrevocable notice to Administrative Agent, which may be given by telephone or, as set forth below, in writing. Each such notice must be received by Administrative Agent not later than 11:00 a.m. at least: (Ai) telephone two U.S. Government Securities Business Days prior to the requested date of any Borrowing of, conversion to or continuation of Eurodollar RateTerm SOFR Loans; (Bii) a Loan Noticefive ▇▇▇▇▇ Business Days prior to the requested date of any Borrowing of or conversion to Daily ▇▇▇▇▇ Loans; provided that (iii) one Business Day prior to the requested date of any Borrowing of or any conversion to Base Rate Loans; (iv) subject to Section 2.02(c) and Section 2.02(c); and (v) four Business Days prior to the requested date of any Borrowing of, conversion to or continuation of Alternative Currency Term Rate Loans denominated in Alternative Currencies (other than Sterling). Each telephonic notice by a Borrower Party pursuant to this Section 2.02 (a) must be confirmed promptly by delivery to the Administrative Agent of a written Loan Notice Notice, appropriately completed and signed by a Responsible Officer of such Borrower Party (and each Loan Notice submitted by a Qualified Borrower must be countersigned by a Responsible Officer of the applicable Borrower). Each such Loan Notice must be received by Administrative Agent not later than 1:00 p.m. at least: (iwhether telephonic or written) three (3) Business Days prior to the requested date of any Borrowing of, conversion to or continuation of LIBOR Rate Loans or of any conversion of LIBOR Rate Loans to Base Rate Loans; and (ii) one (1) Business Day prior to the requested date of any Borrowing of Base Rate Loans. Each Loan Notice shall specify: (A) whether the Borrower Party is requesting a Borrowing, a conversion of Loans from one a Loan to another Type of Loan to the otherLoan, or a continuation of LIBOR EurodollarTerm SOFR Loans or Alternative Currency Term Rate Loans; (B) the requested date of the Borrowing, conversion or continuation, as the case may be (which shall be a Business Day, the “Loan Date”); (C) the principal amount of Loans to be borrowed, converted or continued; (D) the Type of Loans to be borrowed which any existing Eurodollar Rate Loans, Daily ▇▇▇▇▇ Loans or to which existing Base Rate Loans are to be converted; (E) if applicableto which account the proceeds of such Borrowing, conversion or continuation should be directed; (F) the currency of the Loans to be borrowed; and (G) with respect to a EurodollarTerm SOFR Loan or Alternative Currency Term Rate Loan, the duration of the Interest Period with respect thereto; and (F) to which account the proceeds of such Borrowing should be directed. If a Borrower Party fails to specify a Type of Loan in a Loan Notice or if a Borrower Party fails to give a timely notice requesting a conversion or continuation, then the applicable Loans shall be made as, or converted to, to Base Rate Loans. Any , and any such automatic conversion to Base Rate Loans shall be effective as of the last day of the Interest Period then in effect with respect to the applicable LIBOR Eurodollar Rate Loans. If a Borrower Party requests a Borrowing of, conversion to, or continuation of LIBOR Rate Loans in any such Loan Notice, but fails to specify an Interest PeriodPeriod with respect to a EurodollarTerm SOFR Loan or Alternative Currency Term Rate Loan, it will be deemed to have specified an Interest Period of one month. Each Loan Notice submitted by a Borrower Party shall be deemed to be a representation and warranty that the applicable conditions specified in Section 7.02.6.02 have been satisfied on and as of the date of the 48 applicable Borrowing. No Loan may be converted into or continued as a Loan denominated in a different currency, but instead must be prepaid in the original currency of such Loan and reborrowed in the other currency.

Appears in 1 contract

Sources: Revolving Credit Agreement (Goldman Sachs Private Middle Market Credit II LLC)

Request for Borrowing. Each Borrowing, each conversion of Loans from one Type of Loan to the other, and each continuation of LIBOR Rate Loans Borrowing hereunder shall be made by one or more Borrowers. The applicable Borrower(s) shall give the Administrative Agent notice at the Agency Services Address of the date of each requested Borrowing hereunder, which notice may be by telephone, if confirmed in writing, facsimile, electronic mail, or other written communication (a “Request for Borrowing”), substantially in the form of Exhibit E hereto, and which notice shall be effective upon receipt by the applicable Borrower Party’s irrevocable notice to Administrative Agent, which may . Each Request for Borrowing: (i) shall be given by (A) telephone or (B) a Loan Notice; provided that any telephonic notice must be confirmed promptly by delivery furnished to the Administrative Agent of a Loan Notice (and each Loan Notice submitted by a Qualified Borrower must be countersigned by a Responsible Officer of Borrower). Each such Loan Notice must be received by Administrative Agent not no later than 1:00 p.m. 11:00 a.m. (New York time) at least: (i) least three (3) Business Days prior to the requested date of any the Borrowing of, conversion with respect to a LIBOR RateTerm SOFR Loan or continuation four (4) Business Days prior to the requested date of LIBOR Rate Loans or of any conversion of LIBOR Rate Loans the Borrowing with respect to Base Rate Loansan Alternative Currency Loan; and (ii) shall be furnished to the Administrative Agent no later than 1:00 p.m. (New York time) at least one (1) Business Day prior to the requested date of any the Borrowing of with respect to an Alternate Base Rate Loans. Each Loan Notice (which shall only be available in Dollars) or Daily Simple SOFR Loan; provided that, should the Administrative Agent receive less than one (1) Business Day’s notice of a Request for Borrowing relating to an Alternate Base Rate Loan or Daily Simple SOFR Loan, the Administrative Agent will make commercially reasonable best efforts to permit such Loan to be funded on the date of such Request for Borrowing in accordance with Section 2.5 so long as such Request for Borrowing is received on a Business Day and otherwise complies with the terms of this Credit Agreement, and (iii) must specify: (A) whether the Borrower Party is requesting a amount of such Borrowing, a conversion of Loans from one Type of Loan to the other, or a continuation of LIBOR Rate Loans; (B) the requested Interest Option, if such Loan is to be funded in Dollars; (C) the Interest Period for such Loan, if applicable; (D) the currency; and (E) the date of the such Borrowing, conversion or continuation, as the case may be (which shall be a Business Day); . Any Request for Borrowing received by the Administrative Agent after 11:00 a.m. (CNew York time) in respect of a LIBOR RateDaily Simple SOFR Loan, Term SOFR Loan or Alternative Currency Loan or 1:00 p.m. in respect of an Alternate Base Rate Loan shall be deemed to have been given by the principal amount of Loans applicable Borrower(s) on the next succeeding Business Day. Each Request for Borrowing submitted by a Borrower shall be deemed to be borrowed, converted or continued; a representation and warranty that the conditions specified in Sections 6.1 (D) the Type of Loans to be borrowed or to which existing Loans are to be converted; (E) if applicable, the duration of the Interest Period with respect thereto; and (F) to which account the proceeds of such Borrowing should be directed. If a Borrower Party fails to specify a Type of Loan in a Loan Notice or if a Borrower Party fails to give a timely notice requesting a conversion or continuation, then the applicable Loans shall be made as, or converted to, Base Rate Loans. Any such automatic conversion to Base Rate Loans shall be effective as of the last day of the Interest Period then in effect with respect to the initial advance under this Credit Agreement), 6.2, and if applicable, 6.3 have been satisfied on and as of the date of the applicable LIBOR Rate LoansBorrowing. If a Borrower Party requests a No Request for Borrowing of, conversion to, shall be valid hereunder for any purpose unless it shall have been accompanied or continuation of LIBOR Rate Loans preceded by the information and other documents required to be delivered in any such Loan Notice, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one monthaccordance with this Section.

Appears in 1 contract

Sources: Revolving Credit Agreement (Goldman Sachs Middle Market Lending Corp. II)

Request for Borrowing. Each Borrowing, each conversion of Loans from one Type of Syndicated Loan to the otheranother, and each continuation of LIBOR Rate Term SOFR Loans shall be made upon the applicable Borrower Party’s irrevocable written notice to Administrative Agent. Unless otherwise agreed by Administrative Agent, which may be given by (A) telephone or (B) a Loan Notice; provided that any telephonic each such notice must be confirmed promptly received by Administrative Agent not later than 1:00 p.m. at least: (i) one (1) Business Day prior to the requested date of any Borrowing, provided, however, to the extent a Borrower Party requires same day funding for a Daily SOFR Loan or Base Rate Loan, in an amount not to exceed $10,000,000, the Administrative Agent must have received notice for such Daily SOFR Loan or Base Rate Loan not later than 10:00 a.m. on the requested Borrowing date; and (ii) three (3) Business Days prior to the conversion of Daily SOFR Loans to another Type of Syndicated Loan, the conversion of Base Rate Loans to another Type of Syndicated Loan, the conversion of Term SOFR Loans to another Type of Syndicated Loan or the continuation of Term SOFR Loans. Each notice by a Borrower Party pursuant to this Section 2.02(a) must be by delivery to the Administrative Agent of a written Loan Notice Notice, appropriately completed and signed by a Responsible Officer of such Borrower Party (and each Loan Notice submitted by a Qualified Borrower must be countersigned by a Responsible Officer of Borrower). Each such Loan Notice must be received by Administrative Agent not later than 1:00 p.m. at least: (i) three (3) Business Days prior to the requested date of any Borrowing of, conversion to or continuation of LIBOR Rate Loans or of any conversion of LIBOR Rate Loans to Base Rate Loans; and (ii) one (1) Business Day prior to the requested date of any Borrowing of Base Rate Loans. Each Loan Notice shall specify: (A) whether the Borrower Party is requesting a Borrowing, a conversion of Loans from one a Term SOFR Loan or Daily SOFR Loan, or Base Rate Loan to another Type of Loan to the otherSyndicated Loan, or a continuation of LIBOR Rate Term SOFR Loans; (B) the requested date of the Borrowing, conversion or continuation, as the case may be (which shall be a Business Day, the “Loan Date”); (C) the principal amount of Syndicated Loans to be borrowed, converted or continued; (D) if any portion of such Borrowing is not to be funded by a Conduit Lender through the issuance of Commercial Paper, whether such portion of such Borrowing is to be funded instead as a Daily SOFR Loan, Term SOFR Loan or a Base Rate Loan (it being understood that if any Conduit Lender elects to fund any portion of a Loan through its Liquidity Provider, such Conduit Lender’s Funding Agent shall determine whether such portion shall bear interest based on the Term SOFR, the Daily SOFR or the Base Rate, for the period prior to the time such portion of such Loan is funded through the issuance of Commercial Paper); (E) the Type of Syndicated Loans to be borrowed or to which any existing Loans are Syndicated Loan is to be converted; (EF) if applicablewith respect to a Term SOFR Loan, the duration of the Interest Period with respect thereto; and (FG) to which account the proceeds of such Borrowing Borrowing, conversion or continuation should be directed. If a Borrower Party fails to specify a Type of Syndicated Loan in a Loan Notice or if a Borrower Party fails to give a timely notice requesting a conversion or continuationcontinuation with respect to a Term SOFR Loan, then the applicable Loans Syndicated Loan shall be made as, or converted to, Base Rate Loansa Daily SOFR Loan. Any such automatic conversion to Base Rate Loans shall be effective as of the last day of the Interest Period then in effect with respect to the applicable LIBOR Rate Loans. If a Borrower Party requests a Borrowing of, conversion to, or continuation of LIBOR Rate Loans in any such Loan Notice, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one monthTerm SOFR Loan.

Appears in 1 contract

Sources: Revolving Credit Agreement (TCW Direct Lending VIII LLC)

Request for Borrowing. Each Borrowing, each conversion of Base Rate Loans, Term SOFR Loans, Alternative Currency Term Rate Loans or Daily ▇▇▇▇▇ Loans from one Type of Loan to the otheranother, and each continuation of LIBOR Term SOFR Loans or Alternative Currency Term Rate Loans shall be made upon the applicable Borrower Party’s irrevocable notice to Administrative Agent, which may be given by 42 ▇▇▇▇-▇▇▇▇-▇▇▇▇ v.54890-8208-0090 v.3 (Aa) telephone or (B) a Loan Notice; provided that any telephonic notice must be confirmed promptly by delivery to the Administrative Agent of a written Loan Notice Notice, appropriately completed and signed by a Responsible Officer of such Borrower Party (and each Loan Notice submitted by a Qualified Borrower must be countersigned by a Responsible Officer of the applicable Borrower). Each such Loan Notice must be received by Administrative Agent not later than 1:00 p.m. at least: (iwhether telephonic or written) three (3) Business Days prior to the requested date of any Borrowing of, conversion to or continuation of LIBOR Rate Loans or of any conversion of LIBOR Rate Loans to Base Rate Loans; and (ii) one (1) Business Day prior to the requested date of any Borrowing of Base Rate Loans. Each Loan Notice shall specify: (A) whether the Borrower Party is requesting a Borrowing, a conversion of Loans from one a Loan to another Type of Loan to the otherLoan, or a continuation of LIBOR Term SOFR Loans or Alternative Currency Term Rate Loans; (B) the requested date of the Borrowing, conversion or continuation, as the case may be (which shall be a Business Day, the “Loan Date”); (C) the principal amount of Loans to be borrowed, converted or continued; (D) the Type of Loans to be borrowed or to which any existing Loans are to be converted; (E) if applicableto which account the proceeds of such Borrowing, conversion or continuation should be directed; (F) the currency of the Loans to be borrowed; and (G) with respect to a Term SOFR Loan or Alternative Currency Term Rate Loan, the duration of the Interest Period with respect thereto; and (F) to which account the proceeds of such Borrowing should be directed. If a Borrower Party fails to specify a Type of Loan in a Loan Notice or if a Borrower Party fails to give a timely notice requesting a conversion or continuation, then the applicable Loans shall be made as, or converted to, to Base Rate Loans. Any , and any such automatic conversion to Base Rate Loans shall be effective as of the last day of the Interest Period then in effect with respect to the applicable LIBOR Rate Loans. If a Borrower Party requests a Borrowing of, conversion to, or continuation of LIBOR Rate Loans in any such Loan Notice, but fails to specify an Interest PeriodPeriod with respect to a Term SOFR Loan or Alternative Currency Term Rate Loan, it will be deemed to have specified an Interest Period of one month. Each Loan Notice submitted by a Borrower Party shall be deemed to be a representation and warranty that the applicable conditions specified in Section 6.02 have been satisfied on and as of the date of the applicable Borrowing. No Loan may be converted into or continued as a Loan denominated in a different currency, but instead must be prepaid in the original currency of such Loan and reborrowed in the other currency.

Appears in 1 contract

Sources: Revolving Credit Agreement (Goldman Sachs Private Middle Market Credit II LLC)

Request for Borrowing. Each Borrowing, each conversion of Loans from one Type of Loan to the other, and each continuation of LIBOR Rate Loans Borrowing hereunder shall be made by one or more Borrowers. The applicable Borrower(s) shall give the Administrative Agent notice at the Agency Services Address of the date of each requested Borrowing hereunder, which notice may be by telephone, if confirmed in writing, facsimile, electronic mail, or other written communication (a “Request for Borrowing”), substantially in the form of Exhibit E hereto, and which notice shall be effective upon receipt by the applicable Borrower Party’s irrevocable notice to Administrative Agent, which may . Each Request for Borrowing: (i) shall be given by (A) telephone or (B) a Loan Notice; provided that any telephonic notice must be confirmed promptly by delivery furnished to the Administrative Agent of a Loan Notice (and each Loan Notice submitted by a Qualified Borrower must be countersigned by a Responsible Officer of Borrower). Each such Loan Notice must be received by Administrative Agent not no later than 1:00 p.m. 11:00 a.m. (New York time) at least: (i) least three (3) Business Days prior to the requested date of any the Borrowing of, conversion with respect to a Term SOFR Loan or continuation four (4) Business Days prior to the requested date of LIBOR Rate Loans or of any conversion of LIBOR Rate Loans the Borrowing with respect to Base Rate Loansan Alternative Currency Loan; and (ii) shall be furnished to the Administrative Agent no later than 1:00 p.m. (New York time) at least one (1) Business Day prior to the requested date of any the Borrowing of with respect to an Alternate Base Rate Loans. Each Loan Notice (which shall only be available in Dollars) or Daily Simple SOFR Loan; provided that, should the Administrative Agent receive less than one (1) Business Day’s notice of a Request for Borrowing relating to an Alternate Base Rate Loan or Daily Simple SOFR Loan, the Administrative Agent will make commercially reasonable best efforts to permit such Loan to be funded on the date of such Request for Borrowing in accordance with Section 2.5 so long as such Request for Borrowing is received on a Business Day and otherwise complies with the terms of this Credit Agreement, and (iii) must specify: (A) whether the Borrower Party is requesting a amount of such Borrowing, a conversion of Loans from one Type of Loan to the other, or a continuation of LIBOR Rate Loans; (B) the requested Interest Option, if such Loan is to be funded in Dollars; (C) the Interest Period for such Loan, if applicable; (D) the currency; and (E) the date of the such Borrowing, conversion or continuation, as the case may be (which shall be a Business Day); . Any Request for Borrowing received by the Administrative Agent after 11:00 a.m. (CNew York time) in respect of a Daily Simple SOFR Loan, Term SOFR Loan or Alternative Currency Loan or 1:00 p.m. in respect of an Alternate Base Rate Loan shall be deemed to have been given by the principal amount of Loans applicable Borrower(s) on the next succeeding Business Day. Each Request for Borrowing submitted by a Borrower shall be deemed to be borrowed, converted or continued; a representation and warranty that the conditions specified in Sections 6.1 (D) the Type of Loans to be borrowed or to which existing Loans are to be converted; (E) if applicable, the duration of the Interest Period with respect thereto; and (F) to which account the proceeds of such Borrowing should be directed. If a Borrower Party fails to specify a Type of Loan in a Loan Notice or if a Borrower Party fails to give a timely notice requesting a conversion or continuation, then the applicable Loans shall be made as, or converted to, Base Rate Loans. Any such automatic conversion to Base Rate Loans shall be effective as of the last day of the Interest Period then in effect with respect to the initial advance under this Credit Agreement), 6.2, and if applicable, 6.3 have been satisfied on and as of the date of the applicable LIBOR Rate LoansBorrowing. If a Borrower Party requests a No Request for Borrowing of, conversion to, shall be valid hereunder for any purpose unless it shall have been accompanied or continuation of LIBOR Rate Loans preceded by the information and other documents required to be delivered in any such Loan Notice, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one monthaccordance with this Section.

Appears in 1 contract

Sources: Revolving Credit Agreement (Goldman Sachs Middle Market Lending Corp. II)

Request for Borrowing. Each Except with respect to Swingline Loans which are addressed in Section 2.07, each Borrowing, each conversion of Daily SOFR Loans or Term SOFR Loans or Base Rate Loans from one Type of Syndicated Loan to the otheranother, and each continuation of LIBOR Rate Term SOFR Loans shall be made upon the applicable Borrower Party’s irrevocable written notice to Administrative Agent. Unless otherwise agreed by Administrative Agent, which may be given by (A) telephone or (B) a Loan Notice; provided that any telephonic each such notice must be confirmed promptly by delivery to the Administrative Agent of a Loan Notice (and each Loan Notice submitted by a Qualified Borrower must be countersigned by a Responsible Officer of Borrower). Each such Loan Notice must be received by Administrative Agent not later than 1:00 p.m. 11:00 a.m. at least: (i) three (3) Business Days prior to the requested date of any Borrowing of, conversion other than for a Base Rate Loan or Daily SOFR Loan; (ii) three (3) Business Days prior to or continuation of LIBOR Rate Loans or of any the conversion of LIBOR Base Rate Loans to Base Rate another Type of Syndicated Loan or the continuation of Term SOFR Loans; and (iiiii) one (1) Business Day prior to the requested date of any Borrowing of Base Rate Loans or Daily SOFR Loans or of any conversion of Daily SOFR Loans or Term SOFR Loans to Base Rate Loans. Each Loan Notice shall specify: (A) whether the Borrower Party is requesting a Borrowing, a conversion of Loans from one a Daily SOFR Loan, Term SOFR Loan or Base Rate Loan to another Type of Loan to the otherSyndicated Loan, or a continuation of LIBOR Rate Term SOFR Loans; (B) the requested date of the Borrowing, conversion or continuation, as the case may be (which shall be a Business Day, the “Loan Date”); (C) the principal amount of Syndicated Loans to be borrowed, converted or continued; (D) if any portion of such Borrowing is not to be funded by a Conduit Lender through the issuance of Commercial Paper, whether such portion of such Borrowing is to be funded instead as a Base Rate Loan, Daily SOFR Loan or Term SOFR Loan (it being understood that if any Conduit Lender elects to fund any portion of a Loan through its Liquidity Provider, such Conduit Lender’s Funding Agent shall determine whether such portion shall bear interest based on the Daily Simple SOFR, Term SOFR Rate or the Base Rate for the period prior to the time such portion of such Loan is funded through the issuance of Commercial Paper); (E) the Type of Syndicated Loans to be borrowed which any existing Daily SOFR Loans, Term SOFR Loans or to which existing Base Rate Loans are to be converted; (E) if applicable, the duration of the Interest Period with respect thereto; and (F) to which account the proceeds of such Borrowing Borrowing, conversion or continuation should be directed. If a Borrower Party fails to specify a Type of Loan in a Loan Notice or if a Borrower Party fails to give a timely notice requesting a conversion or continuationcontinuation of a Term SOFR Loan, then the applicable Loans Loan shall be made ascontinued as a Term SOFR Loan with an Interest Period of one (1) month, or converted to, Base Rate Loans. Any and such automatic conversion to Base Rate Loans continuation shall be effective as of the last day of the Interest Period then in effect with respect to the applicable LIBOR Rate LoansTerm SOFR Loan. If a Borrower Party requests a Borrowing of, conversion to, or continuation of LIBOR Rate Loans in any such Loan Notice, but fails to specify an Interest PeriodPeriod with respect to a Term SOFR Loan, it will be deemed to have specified an Interest Period of one (1) month.

Appears in 1 contract

Sources: Revolving Credit Agreement (TCW Direct Lending VII LLC)

Request for Borrowing. Each Except with respect to Swingline Loans which are addressed in Section 2.07, each Borrowing, each conversion of Daily SOFR Loans or Term SOFR Loans or Base Rate Loans from one Type of Syndicated Loan to the otheranother, and each continuation of LIBOR Rate Term SOFR Loans shall be made upon the applicable Borrower Party’s irrevocable written notice to Administrative Agent. Unless otherwise agreed by Administrative Agent, which may be given by (A) telephone or (B) a Loan Notice; provided that any telephonic each such notice must be confirmed promptly by delivery to the Administrative Agent of a Loan Notice (and each Loan Notice submitted by a Qualified Borrower must be countersigned by a Responsible Officer of Borrower). Each such Loan Notice must be received by Administrative Agent not later than 1:00 p.m. 11:00 a.m. at least: (i) three (3) Business Days prior to the requested date of any Borrowing of, conversion other than for a Base Rate Loan or Daily SOFR Loan; (ii) three (3) Business Days prior to or continuation of LIBOR Rate Loans or of any the conversion of LIBOR Base Rate Loans to Base Rate another Type of Syndicated Loan or the continuation of Term SOFR Loans; and (iiiii) one (1) Business Day prior to the requested date of any Borrowing of Base Rate Loans or Daily SOFR Loans or of any conversion of Daily SOFR Loans or Term SOFR Loans to Base Rate Loans. Each Loan Notice shall specify: (A) whether the Borrower Party is requesting a Borrowing, a conversion of Loans from one a Daily SOFR Loan, Term SOFR Loan or Base Rate Loan to another Type of Loan to the otherSyndicated Loan, or a continuation of LIBOR Rate Term SOFR Loans; (B) the requested date of the Borrowing, conversion or continuation, as the case may be (which shall be a Business Day, the “Loan Date”); (C) the principal amount of Syndicated Loans to be borrowed, converted or continued; (D) if any portion of such Borrowing is not to be funded by a Conduit Lender through the issuance of Commercial Paper, whether such portion of such Borrowing is to be funded instead as a Base Rate Loan, Daily SOFR Loan or Term SOFR Loan (it being understood that if any Conduit Lender elects to fund any portion of a Loan through its Liquidity Provider, such Conduit Lender’s Funding Agent shall determine whether such portion shall bear interest based on the Daily Simple SOFR, Term SOFR Rate or the Base Rate for the period prior to the time such portion of such Loan is funded through the issuance of Commercial Paper); (E) the Type of Syndicated Loans to be borrowed which any existing Daily SOFR Loans, Term SOFR Loans or to which existing Base Rate Loans are to be converted; (E) if applicable, the duration of the Interest Period with respect thereto; and (F) to which account the proceeds of such Borrowing Borrowing, conversion or continuation should be directed. If a Borrower Party fails to specify a Type of Loan in a Loan Notice or if a Borrower Party fails to give a timely notice requesting a conversion or continuationcontinuation of a Term SOFR Loan, then the applicable Loans Loan shall be made ascontinued as a Term SOFR Loan with an Interest Period of one month, or converted to, Base Rate Loans. Any and such automatic conversion to Base Rate Loans continuation shall be effective as of the last day of the Interest Period then in effect with respect to the applicable LIBOR Rate LoansTerm SOFR Loan. If a Borrower Party requests a Borrowing of, conversion to, or continuation of LIBOR Rate Loans in any such Loan Notice, but fails to specify an Interest PeriodPeriod with respect to a Term SOFR Loan, it will be deemed to have specified an Interest Period of one month.

Appears in 1 contract

Sources: Revolving Credit Agreement (TCW Direct Lending LLC)

Request for Borrowing. Each Borrowing, each conversion of Loans from one Type of Loan to the other, and each continuation of LIBOR Rate Loans shall Credit Extension will be made upon the applicable Borrower Party’s irrevocable notice to Administrative Agent, which may be given by (A) telephone or (B) a Loan Notice; provided that any telephonic notice must be confirmed promptly immediately by delivery to the Administrative Agent of a Loan Notice together with a Borrowing Base Certificate (and each Loan Notice submitted by a Qualified Borrower must be countersigned by a Responsible Officer of Borrowerthe applicable Borrower(s)). Each such Loan Notice must be received by Administrative Agent not later than 1:00 p.m. 11:00 a.m. at least: (i) three (3) two U.S. Government Securities Business Days prior to the requested date of any Borrowing of, conversion to or continuation of LIBOR Rate Term Benchmark Loans or of any conversion of LIBOR Rate Term Benchmark Loans to Base Rate Loans; and (ii) one (1) Business Day prior to the requested date of any Borrowing of Base Rate Loans. Each Loan Notice shall must specify: (A) whether the Borrower Party is requesting a Borrowing, a conversion of Loans from one Type of Loan to the other, or a continuation of LIBOR Rate Term Benchmark Loans; (B) the requested date of the Borrowing, conversion or continuation, as the case may be such Loan Credit Extension (which shall must be a Business Day); (C) the principal amount of Loans to be borrowed, converted or continuedrequested; (D) the Type of Loans to be borrowed or to which existing Loans are to be converted; (E) if applicable, the duration of the Interest Period with respect thereto; and (F) to which account the proceeds of such Borrowing should be directed. If a Borrower Party fails to specify a Type of Loan in a Loan Notice or if a Borrower Party fails to give a timely notice requesting a conversion or continuation, then the applicable Loans shall will be made as, or converted to, Base Rate Loans. Any such automatic conversion to Base Rate Loans shall will be effective as of the last day of the Interest Period then in effect with respect to the applicable LIBOR Rate Term Benchmark Loans. If a Borrower Party requests a Borrowing of, conversion to, or continuation Loan Credit Extension of LIBOR Rate Term Benchmark Loans in any such Loan Notice, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month.

Appears in 1 contract

Sources: Revolving Credit Agreement (Sound Point Direct Lending BDC)

Request for Borrowing. Each Borrowing, each conversion of Eurocurrency Rate Loans, Floating LIBOR Rate Loans or Base Rate Loans from one Type of Loan to the otheranother, and each continuation of LIBOR Eurocurrency Rate Loans shall be made upon the applicable Borrower Party’s irrevocable notice to Administrative Agent, which may be given by telephone. Unless otherwise agreed by Administrative Agent, each such notice must be received by Administrative Agent not later than 11:00 a.m. at least: (Ai) telephone three (3) Business Days prior to the requested date of any Borrowing other than for a Base Rate Loan; (ii) three (3) Business Days prior to the conversion of Base Rate Loans to another Type of Loan, the conversion of Eurocurrency Rate Loans (or Floating LIBOR Rate Loan) to another Type of Loan or the continuation of (Ba) a Loan Notice; provided that any telephonic notice must be confirmed promptly by delivery to the Administrative Agent of a written Loan Notice Notice, appropriately completed and signed by a Responsible Officer of such Borrower Party (and each Loan Notice submitted by a Qualified Borrower must be countersigned by a Responsible Officer of Borrower). Each such Loan Notice must be received by Administrative Agent not later than 1:00 p.m. at least: (iwhether telephonic or written) three (3) Business Days prior to the requested date of any Borrowing of, conversion to or continuation of LIBOR Rate Loans or of any conversion of LIBOR Rate Loans to Base Rate Loans; and (ii) one (1) Business Day prior to the requested date of any Borrowing of Base Rate Loans. Each Loan Notice shall specify: (A) whether the Borrower Party is requesting a Borrowing, a conversion of Loans from one a Eurocurrency Rate Loan, a Floating LIBOR Rate Loan or Base Rate Loan to another Type of Loan to the otherLoan, or a continuation of LIBOR Eurocurrency Rate Loans; (B) the requested date of the Borrowing, conversion or continuation, as the case may be (which shall be a Business Day, the “Loan Date”); (C) the principal amount of Loans to be borrowed, converted or continued; (D) if any portion of such Borrowing is not to be funded by a Conduit Lender through the issuance of Commercial Paper, whether such portion of such Borrowing is to be funded instead as a Base Rate Loan or a Eurocurrency Rate Loan (it being understood that if any Conduit Lender elects to fund any portion of a Loan through its Liquidity Provider, such Conduit Lender’s Funding Agent shall determine whether such portion shall bear interest based on the Eurocurrency Rate or the Base Rate for the period prior to the time such portion of such Loan is funded through the issuance of Commercial Paper); (E) the Type of Loans to be borrowed which any existing Eurocurrency Rate Loans, Floating LIBOR Rate Loans or to which existing Base Rate Loans are to be converted; (EF) if applicablewith respect to a Eurocurrency Rate Loan, the duration of the Interest Period with respect thereto; and (FG) to which account the proceeds of such Borrowing Borrowing, conversion or continuation should be directed; and (H) the currency of the Loans to be borrowed. If a Borrower Party fails to specify a currency in a Loan Notice requesting a Borrowing, then the Loans so requested shall be made in Dollars. If a Borrower Party fails to specify a Type of Loan in a Loan Notice or if a Borrower Party fails to give a timely notice requesting a conversion or continuationcontinuation with respect to a Eurocurrency Rate Loan or Base Rate Loan, then the applicable Loans shall be made as, or converted to, Base Rate Loans; provided, however, that in the case of a failure to timely request a continuation of Loans denominated in an Alternative Currency, such Loans shall be continued as Eurocurrency Rate Loans in their original currency with an Interest Period of one month. Any such automatic conversion to Base Rate Loans shall be effective as of the last day of the Interest Period then in effect with respect to the applicable LIBOR Eurocurrency Rate Loans. If a Borrower Party requests a Borrowing of, conversion to, or continuation of LIBOR Rate Loans in any such Loan Notice, but fails to specify an Interest PeriodPeriod with respect to a Eurocurrency Rate Loan, it will be deemed to have specified an Interest Period of one month. No Loan may be converted into or continued as a Loan denominated in a different currency, but instead must be prepaid in the original currency of such Loan and reborrowed in the other currency.

Appears in 1 contract

Sources: Revolving Credit Agreement (TCW Direct Lending LLC)

Request for Borrowing. Each Borrowing, each conversion of Loans from one Type of Loan to the other, and each continuation of LIBOR Rate Loans shall be made upon the applicable Borrower Party’s irrevocable notice to Administrative Agent, which may be given by (A) telephone or (B) a Loan Notice; provided that any telephonic notice must be confirmed promptly immediately by delivery to the Administrative Agent of a Loan Notice (and each Loan Notice submitted by a Qualified Borrower must be countersigned by a Responsible Officer of Borrower). Each such Loan Notice must be received by Administrative Agent not later than 1:00 p.m. at least: (i) three (3) Business Days prior to the requested date of any Borrowing of, conversion to or continuation of LIBOR Rate Loans or of any conversion of LIBOR Rate Loans to Base Rate Loans; and (ii) one (1) Business Day prior to the requested date of any Borrowing of Base Rate Loans. Each Loan Notice shall specify: (A) whether the Borrower Party is requesting a Borrowing, a conversion of Loans from one Type of Loan to the other, or a continuation of LIBOR Rate Loans; (B) the requested date of the Borrowing, conversion or continuation, as the case may be (which shall be a Business Day); (C) the principal amount of Loans to be borrowed, converted or continued; (D) the Type of Loans to be borrowed or to which existing Loans are to be converted; (E) if applicable, the duration of the Interest Period with respect thereto; and (F) to which account the proceeds of such Borrowing should be directed. If a Borrower Party fails to specify a Type of Loan in a Loan Notice or if a Borrower Party fails to give a timely notice requesting a conversion or continuation, then the applicable Loans shall be made as, or converted to, Base Rate Loans. Any such automatic conversion to Base Rate Loans shall be effective as of the last day of the Interest Period then in effect with respect to the applicable LIBOR Rate Loans. If a Borrower Party requests a Borrowing of, conversion to, or continuation of LIBOR Rate Loans in any such Loan Notice, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month.

Appears in 1 contract

Sources: Revolving Credit Agreement (Golub Capital Investment Corp)