Common use of Requests for Borrowing Clause in Contracts

Requests for Borrowing. The Administrative Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit B (a “Notice of Borrowing”) not later than 12:00 noon (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be (x) with respect to Base Rate Loans (other than Swingline Loans), in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans, in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, in an aggregate principal amount of $1,000,000 or a whole multiple of $1,000,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan, whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 noon shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.

Appears in 3 contracts

Samples: Credit Agreement (La-Z-Boy Inc), Credit Agreement (La-Z-Boy Inc), Credit Agreement (La-Z-Boy Inc)

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Requests for Borrowing. The Administrative Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit B C (a “Notice of Borrowing”) not later than 12:00 noon 10:00 a.m. (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be be, (xy) with respect to Base Rate Loans (other than Swingline Loans), in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans, in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $1,000,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan, whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (ED) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 12:00 noon 10:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.

Appears in 3 contracts

Samples: Credit Agreement (Cirrus Logic Inc), Credit Agreement (Cirrus Logic Inc), Credit Agreement (Cirrus Logic Inc)

Requests for Borrowing. The Administrative Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit B (a “Notice of Borrowing”) not later than 12:00 noon p.m. (i) on the same Business Day as each Base Rate Loan and each Swingline Loan Loan, and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be be, (x) with respect to Base Rate Loans (other than Swingline Loans), ) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans, Loans in an aggregate principal amount of $3,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, Loans in an aggregate principal amount of $1,000,000 500,000 or a whole multiple of $1,000,000 100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan, Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto; provided that if the Borrower wishes to request LIBOR Rate Loans having an Interest Period of twelve months in duration, such notice must be received by the Administrative Agent not later than 12:00 p.m. four Business Days prior to the requested date of such borrowing, whereupon the Administrative Agent shall give prompt notice to the Revolving Credit Lenders of such request and determine whether the requested Interest Period is acceptable to all of them. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 12:00 noon p.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing.

Appears in 3 contracts

Samples: Credit Agreement (Synaptics Inc), Credit Agreement (SYNAPTICS Inc), Credit Agreement (SYNAPTICS Inc)

Requests for Borrowing. The Administrative Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit B (a “Notice of Borrowing”) not later than 12:00 noon 11:00 a.m. (i) on the same Business Day as each requested date of any Borrowing of Base Rate Loan and each Loans or Swingline Loan Loans and (ii) at least three (3) Business Days before each the requested date of any Borrowing of LIBOR Rate LoanLoans, of its intention to borrow, specifying (A) the date of such borrowingBorrowing, which shall be a Business Day, (B) the amount of such borrowingBorrowing, which shall be be, (x) with respect to a Borrowing of Base Rate Loans (other than Swingline Loans), in an aggregate principal amount of $3,000,000 500,000 or a whole multiple of $1,000,000 100,000 in excess thereof, (y) with respect to a Borrowing of LIBOR Rate Loans, in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans in an aggregate principal amount of $25,000 or a whole multiple of $10,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case Type of a Revolving Credit Loan, whether the Loans are to be LIBOR Rate borrowed (provided that all Swingline Loans or shall be Base Rate Loans), and (E) in the case of a Borrowing of LIBOR Rate LoanLoans, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 noon 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing. Notwithstanding the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth herein.

Appears in 3 contracts

Samples: Credit Agreement (MGP Ingredients Inc), Credit Agreement (MGP Ingredients Inc), Credit Agreement (MGP Ingredients Inc)

Requests for Borrowing. The Administrative In order to request a Borrowing, the Borrower shall give notify the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit B (a “Notice of Borrowing”) not later than 12:00 noon (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, request by telephone (B) the amount of such borrowing, which shall be (x) with respect to Base Rate Loans (other than Swingline Loans), in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans, in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, in an aggregate principal amount of $1,000,000 or a whole multiple of $1,000,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (Da) in the case of a Revolving Credit LoanEurodollar Borrowing, whether the Loans are to be LIBOR Rate Loans or Base Rate Loansnot later than 11:00 a.m., New York City time, three Business Days before a proposed Borrowing, and (Eb) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, one Business Day before a LIBOR Rate Loanproposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable, and shall be confirmed promptly by hand delivery, e-mail or fax to the duration Administrative Agent of a written Borrowing Request and shall specify the following information: (i) whether the Borrowing then being requested is to be a Borrowing of Initial Term Loans or a Borrowing of Incremental Loans and whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing; (iii) the number and location of the account to which funds are to be disbursed; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period applicable with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. A Notice If no election as to the Type of Borrowing received after 12:00 noon is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed received on the next Business Dayto have selected an Interest Period of one month’s duration. The Administrative Agent shall promptly notify advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Notice Lender’s portion of the requested Borrowing. For the avoidance of doubt, the notice of the initial Borrowings on the Closing Date may be conditional on the effectiveness of this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Office Depot Inc), Credit Agreement (Office Depot Inc)

Requests for Borrowing. The Administrative Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit EXHIBIT B (a “Notice of Borrowing”"NOTICE OF BORROWING") not later than 12:00 noon 11:00 a.m. (Charlotte time) (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be (x) with respect to Base LIBOR Rate Loans (other than Swingline Loans), in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR and Base Rate Loans, in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof thereof, and (zy) with respect to Swingline Loans, Loans in an aggregate principal amount of $1,000,000 500,000 or a whole multiple of $1,000,000 250,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan, Swingline Loan, Liquidity Loan or Swingline Acquisition Loan, (D) in the case of a Revolving Credit Loan, Liquidity Loan or Acquisition Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 noon 11:00 a.m. (Charlotte time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (Suburban Propane Partners Lp), Credit Agreement (Suburban Propane Partners Lp)

Requests for Borrowing. The Administrative Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit B (a “Notice of Borrowing”) not later than 12:00 noon (i) on the same Business Day as each Swingline Loan, (ii) at least one (1) Business Day before each Base Rate Loan and each (other than a Swingline Loan Loan), and (iiiii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be (x) with respect to Base Rate Loans (other than Swingline Loans), must be in an aggregate principal amount of $3,000,000 500,000 or a whole multiple of $1,000,000 100,000 in excess thereofthereof (provided, that any Base Rate Loan may be in an amount that is equal to the entire unused balance of the total Commitments or that is required to finance the amount of the reimbursement of a drawing under a Letter of Credit as contemplated by Section 3.5), (y) with respect to LIBOR Rate Loans, must be in an aggregate principal amount of $3,000,000 500,000 or a whole multiple of $1,000,000 100,000 in excess thereof thereof, and (z) with respect to Swingline Loans, may be in an aggregate principal amount of $1,000,000 or a whole multiple of $1,000,000 in excess thereofany amount, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan, Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 noon shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (Supreme Industries Inc), Credit Agreement (Supreme Industries Inc)

Requests for Borrowing. The Administrative Borrower shall give the Administrative Agent irrevocable prior written notice (it being understood and agreed that such notice may state that the Borrowing is conditioned upon the effectiveness of other credit facilities, acquisitions, dispositions or other transactions, in which case, such notice may be revoked or modified by Borrower (by notice to Administrative Agent on or prior to the specified borrowing date) if such condition is not satisfied) substantially in the form attached hereto as of Exhibit B (a “Notice of Borrowing”) not later than 12:00 noon p.m. (i) on the same Business Day as each Base Rate Loan and each Swingline Loan Loan, and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be be, (x) with respect to Base Rate Loans (other than Swingline Loans), ) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans, Loans in an aggregate principal amount of $3,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, Loans in an aggregate principal amount of $1,000,000 500,000 or a whole multiple of $1,000,000 100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan, Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto; provided that if the Borrower wishes to request LIBOR Rate Loans having an Interest Period of twelve months in duration, such notice must be received by the Administrative Agent not later than 12:00 p.m. four Business Days prior to the requested date of such borrowing, whereupon the Administrative Agent shall give prompt notice to the Revolving Credit Lenders of such request and determine whether the requested Interest Period is acceptable to all of them. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 12:00 noon p.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing.

Appears in 2 contracts

Samples: First Amendment and Lender Joinder Agreement (SYNAPTICS Inc), Credit Agreement (SYNAPTICS Inc)

Requests for Borrowing. The Administrative Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit B A-5 (a “Notice of Borrowing”) not later than 12:00 noon p.m. (i) on the same Business Day as each Base Rate ABR Loan and each Swingline Loan and Loan, (ii) at least three (3) Business Days before each LIBOR Rate Eurodollar Loan and (iii), subject to Section 1.05, at least four (4) Business Days before each Eurocurrency Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) whether the Loan shall be denominated in dollars or an Alternative Currency, (C) if such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, (D) the amount of such borrowing, which shall be in an amount equal to the amount of the Revolving Commitment or the Alternative Currency Commitment, as applicable, then available to the Borrower, or if less, (x1) with respect to Base Rate ABR Loans (other than and Swingline Loans), in an aggregate principal amount of $3,000,000 100,000 or a whole multiple of $1,000,000 100,000 in excess thereof, and (y2) with respect to LIBOR Rate Eurodollar Loans and Eurocurrency Loans, in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof and (zor the Alternative Currency Amount thereof, as applicable) with respect to Swingline Loans, in an aggregate principal amount of $1,000,000 or a whole multiple of $1,000,000 in excess thereof, (CE) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan, Loan and (DF) in the case of a Revolving Credit Loan, whether the Loans are to be LIBOR Rate Loans Eurodollar Loan or Base Rate Loans, and (E) in the case of a LIBOR Rate Eurocurrency Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 noon p.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Choice Hotels International Inc /De), Revolving Credit Agreement (Choice Hotels International Inc /De)

Requests for Borrowing. The Administrative Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit B (a “Notice of Borrowing”) not later than 12:00 noon 11:00 a.m. (i) on the same Business Day as each Base Rate Loan, each LIBOR Market Index Rate Loan and each Swingline Loan (other than Cash Management Swingline Loans) and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be be, (x) with respect to Base Rate Loans and LIBOR Market Index Rate Loans (other than Swingline Loans), ) in an aggregate principal amount of $3,000,000 500,000 or a whole multiple of $1,000,000 500,000 in excess thereof, (y) with respect to LIBOR Rate Loans, Loans in an aggregate principal amount of $3,000,000 500,000 or a whole multiple of $1,000,000 500,000 in excess thereof and (z) with respect to Swingline Loans (other than Cash Management Swingline Loans, ) in an aggregate principal amount of $1,000,000 500,000 or a whole multiple of $1,000,000 100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan, Loan whether the Loans are to be LIBOR Rate Loans, LIBOR Market Index Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 noon 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (Merit Medical Systems Inc), Credit Agreement (Merit Medical Systems Inc)

Requests for Borrowing. The Administrative Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit B 2.03(a) (a “Notice of Borrowing”) not later than 12:00 noon 11:00 a.m. (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be be, (x) with respect to Base Rate Loans (other than Swingline Loans), in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans, in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof and (zor, if less, the remaining available amount of the Revolving Credit Commitment), (y) with respect to Swingline Loans, LIBOR Rate Loans in an aggregate principal amount of $1,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereofthereof (or, if less, the remaining available amount of the Revolving Credit Commitment) and (z) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof (or, if less, the remaining available amount of the Swingline Commitment), (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan, Loan whether the Loans are such Loan is to be a LIBOR Rate Loans Loan or a Base Rate LoansLoan, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 12:00 noon 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (Salesforce Com Inc), Credit Agreement (Salesforce Com Inc)

Requests for Borrowing. The Administrative Borrower Agent, on behalf of itself or the Cayman Borrower, shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit B (a “Notice of Borrowing”) not later than 12:00 noon 11:00 a.m. (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be be, (x) with respect to Base Rate Loans (other than Swingline Loans), ) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans, Loans in an aggregate principal amount of $3,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, Loans in an aggregate principal amount of $1,000,000 500,000 or a whole multiple of $1,000,000 100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan, Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, (E) whether such Loan will be made to the Parent Borrower or the Cayman Borrower and (EF) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. If the Borrower Agent fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower Agent requests a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 12:00 noon 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (Ubiquiti Networks, Inc.), Credit Agreement (Ubiquiti Networks, Inc.)

Requests for Borrowing. The Administrative Borrower With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit B (a "Notice of Borrowing") not later than 12:00 noon 11:00 a.m. (Eastern time) (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be be, (x) with respect to Base Rate Loans (other than Swingline Loans), in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans, in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to Swingline Loans (other than Swingline Loans deemed requested pursuant to the Swingline Side Letter) in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan, Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 noon 11:00 a.m. (Eastern time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.

Appears in 2 contracts

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

Requests for Borrowing. The Administrative Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit B (a “Notice of Borrowing”) not later than 12:00 noon (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be (x) with respect to Base Rate Loans (other than Swingline Loans), in an aggregate principal amount of $3,000,000 2,000,000 or a whole multiple of $1,000,000 in excess thereof, provided that any borrowing of Base Rate Loans may be in an aggregate amount that is equal to the entire unused balance of the Revolving Credit Commitment or that is required to finance the amount of a Reimbursement Obligation under a Letter of Credit, (y) with respect to LIBOR Rate Loans, in an aggregate principal amount of $3,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, in an aggregate principal amount of $1,000,000 250,000 or a whole multiple of $1,000,000 100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan, whether the Loans are such Loan is to be a LIBOR Rate Loans Loan or a Base Rate LoansLoan, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 12:00 noon shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (Fossil Group, Inc.), Credit Agreement (Fossil Group, Inc.)

Requests for Borrowing. The Administrative Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit B (a “Notice of Borrowing”) not later than 12:00 noon p.m. (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate LoanLoan (or, in the case of any LIBOR Rate Loans to be borrowed on the Closing Date, such shorter period of time as may be agreed to by the Administrative Agent and the Lenders), of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be be, (x) with respect to Base Rate Loans (other than Swingline Loans), ) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans, Loans in an aggregate principal amount of $3,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, Loans in an aggregate principal amount of $1,000,000 500,000 or a whole multiple of $1,000,000 100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan, Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 12:00 noon p.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing.

Appears in 2 contracts

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

Requests for Borrowing. The Administrative To request a borrowing of a Revolving Credit Loan or a Swingline Loan, the Borrower shall give notify the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit B (a “Notice of Borrowing”) such request by telephone not later than 12:00 noon 11:00 a.m. (or, in respect of a Swingline Loan, 2:00 p.m.) (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, . Each such telephonic Notice of its intention Borrowing shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to borrow, the Administrative Agent of a written Notice of Borrowing specifying (A) the date of such borrowing, which shall be a Business Day, (B) the principal amount of such borrowing, which shall be be, (x) with respect to Base Rate Loans (other than Swingline Loans), ) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans, Loans in an aggregate principal amount of $3,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, Loans in an aggregate principal amount of $1,000,000 500,000 or a whole multiple of $1,000,000 100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan, whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Promptly following receipt of a telephonic or written Notice of Borrowing received after 12:00 noon shall be deemed received on in accordance with this Section, the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each the details of such Notice of Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (CST Brands, Inc.), Credit Agreement (CST Brands, Inc.)

Requests for Borrowing. The Administrative Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit B (a “Notice of Borrowing”) not later than 12:00 noon 11:00 a.m. (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be be, (x) with respect to Base Rate Loans (other than Swingline Loans), ) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans, Loans in an aggregate principal amount of $3,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, Loans in an aggregate principal amount of $1,000,000 500,000 or a whole multiple of $1,000,000 100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan, Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto; provided that if the Borrower wishes to request LIBOR Rate Loans having an Interest Period of twelve months in duration, such notice must be received by the Administrative Agent not later than 11:00 a.m. four (4) Business Days prior to the requested date of such borrowing, whereupon the Administrative Agent shall give prompt notice to the Revolving Credit Lenders of such request and determine whether the requested Interest Period is acceptable to all of them. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 12:00 noon 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing.

Appears in 2 contracts

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

Requests for Borrowing. The Administrative Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit B (a “Notice of Borrowing”) not later than 12:00 noon 2:00 p.m. (i) on the same Business Day as each Base Rate Loan and each or Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be be, (x) with respect to Base Rate Loans (other than Swingline Loans), ) in an aggregate principal amount of $3,000,000 100,000 or a whole multiple of $1,000,000 100,000 in excess thereof, (y) with respect to LIBOR Rate Loans, in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $1,000,000 100,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan, Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 12:00 noon 2:00 p.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (Patrick Industries Inc), Credit Agreement (Patrick Industries Inc)

Requests for Borrowing. The Administrative Borrower Agent shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit B (a “Notice of Borrowing”) not later than 12:00 noon 11:00 a.m. (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be (x1) with respect to Base Rate Loans (other than Swingline Loans), in an aggregate principal amount of $3,000,000 1,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof, provided that any borrowing of Base Rate Loans may be in an aggregate amount that is equal to the entire unused balance of the Revolving Credit Commitment or that is required to finance the amount of a reimbursement obligation under a Letter of Credit, (y2) with respect to LIBOR Rate Loans, in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, in an aggregate principal amount of $1,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof and (3) with respect to Swingline Loans, in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan, whether the Loans are such Loan is to be a LIBOR Rate Loans Loan or a Base Rate LoansLoan, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 noon 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (Alon USA Energy, Inc.), Credit Agreement (Alon Brands, Inc.)

Requests for Borrowing. The Administrative Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit B (a “Notice of Borrowing”) not later than 12:00 noon (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be (x) with respect to Base Rate Loans (other than Swingline Loans), in an aggregate principal amount of $3,000,000 2,000,000 or a whole multiple of $1,000,000 in excess thereof, provided that any borrowing of Base Rate Loans may be in an aggregate amount that is equal to the entire unused balance of the Revolving Credit Commitment or that is required to finance the amount of a Reimbursement Obligation under a Letter of Credit, (y) with respect to LIBOR Rate Loans, in an aggregate principal amount of $3,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, in an aggregate principal amount of $1,000,000 250,000 or a whole multiple of $1,000,000 100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan, whether the Loans are such Loan is to be a LIBOR Rate Loans Loan or a Base Rate LoansLoan, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 12:00 noon shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (Fossil Inc), Credit Agreement (Fossil Group, Inc.)

Requests for Borrowing. The Administrative Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit B F (a “Notice of Borrowing”) not later than 12:00 noon 11:00 a.m. (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and Loan, (ii) at least three (3) Business Days before each LIBOR Rate LoanLoan denominated in Dollars and (iii) at least four (4) Business Days before each LIBOR Rate Loan denominated in an Alternative Currency, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be be, (x) with respect to Base Rate Loans (other than Swingline Loans), in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans, in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan, Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable theretothereto and (F) in the case of a LIBOR Rate Loan, whether such Loan is to be denominated in Dollars or an Alternative Currency. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. If the Borrower requests a borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify the currency, it will be deemed to have specified Dollars. A Notice of Borrowing received after 12:00 noon 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (Quanex Building Products CORP), Credit Agreement (Quanex Building Products CORP)

Requests for Borrowing. The To request a Revolving Loan or a Swingline Loan on behalf of a Borrower, the Administrative Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit B F hereof (a “Notice of Borrowing”) not later than 12:00 noon 11:00 a.m. (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Eurodollar Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be be, (x) with respect to Base Rate Loans (other than Swingline Loans), ) in an aggregate principal amount of $3,000,000 2,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof, (y) with respect to LIBOR Eurodollar Rate Loans, Loans in an aggregate principal amount of $3,000,000 2,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof and (z) with respect to Swingline Loans, Loans in an aggregate principal amount of $1,000,000 100,000 or a whole multiple of $1,000,000 25,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan, whether the Loans are to be LIBOR Eurodollar Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Eurodollar Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 noon 11:00 a.m. shall be deemed received on the next Business Day. Any Loan or any portion thereof as to which the Administrative Borrower has not duly specified an interest rate as provided herein shall be deemed a Base Rate Loan in the case of a Revolving Loan, and any Eurodollar Rate Loan for which the Administrative Borrower fails to specify an Interest Period shall be deemed to have an Interest Period of one (1) month. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.

Appears in 2 contracts

Samples: Loan and Security Agreement (Mohawk Industries Inc), Loan and Security Agreement (Mohawk Industries Inc)

Requests for Borrowing. The Administrative Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit B or such other form as may be reasonably approved by the Administrative Agent (including any form on an electronic platform or electronic transmission system as shall be approved by the Administrative Agent), appropriately completed and signed by a Responsible Officer of the Borrower (a “Notice of Borrowing”) ), not later than 12:00 noon (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be be, (x) with respect to Base Rate Loans (other than Swingline Loans), ) in an aggregate principal amount of $3,000,000 2,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans, Loans in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, Loans in an aggregate principal amount whole multiples of $1,000,000 or a whole multiple of $1,000,000 in excess thereof100,000, (C) whether such Loan is Loans are to be a Revolving Credit Loan Loans or Swingline LoanLoans, (D) in the case of a Revolving Credit Loan, Loans whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate LoanLoans, the duration of the Interest Period applicable theretothereto (provided that any Revolving Credit Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date shall be made as Base Rate Loans unless the Borrower has delivered to the Administrative Agent a funding indemnity letter in form and substance reasonably satisfactory to the Administrative Agent not less than three (3) Business Days prior to the date of such Revolving Credit Loans); provided that, notwithstanding the foregoing, the Borrower may provide such notice to the Administrative Agent by telephone; provided that any telephonic notice must be confirmed promptly thereafter by delivery to the Administrative Agent of a Notice of Borrowing. A Notice of Borrowing received after 12:00 noon shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (CoreCivic, Inc.), Credit Agreement (Corrections Corp of America)

Requests for Borrowing. The Administrative Borrower With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit B (a “Notice of Borrowing”) not later than 12:00 noon 11:00 a.m. (Eastern time) (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be be, (x) with respect to Base Rate Loans (other than Swingline Loans), in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans, in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to Swingline Loans (other than Swingline Loans deemed requested pursuant to the Swingline Side Letter) in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan, Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 noon 11:00 a.m. (Eastern time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.

Appears in 2 contracts

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

Requests for Borrowing. The Administrative Borrower Company, on behalf of the Borrowers, shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit B C-1 (a "Notice of Revolving Credit/Swingline Borrowing") not later than 12:00 noon 11:00 a.m. (Charlotte time) (i) on the same Business Day as each Swingline Loan or Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be in an amount equal to the amount of the Aggregate Commitment then available to the Borrowers, or if less, (x) with respect to Base Rate Loans (other than Swingline Loans), in an aggregate principal amount of $3,000,000 1,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof, (y) with respect to LIBOR Rate Loans, Loans in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, Loans in an aggregate principal amount of $1,000,000 50,000 or a whole multiple of $1,000,000 thereof in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan, Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing Notices received after 12:00 noon shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.11:00

Appears in 1 contract

Samples: Credit Agreement (Duratek Inc)

Requests for Borrowing. The Administrative Borrower Company or the applicable Borrowing Subsidiary shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit B (a “Notice of Borrowing”) not later than 12:00 noon 11:00 a.m. (Chicago time) (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and Loan, (ii) at least three (3) Business Days before each LIBOR Rate LoanLoan in Dollars and (iii) at least four (4) Business Days before each LIBOR Rate Loan in any Agreed Currency other than Dollars, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be be, (x) with respect to Base Rate Loans (other than Swingline Loans), in an aggregate principal amount Dollar Amount of $3,000,000 or a whole multiple Dollar Amount of $1,000,000 in excess thereof, and (y) with respect to LIBOR Rate Loans, Loans in an aggregate principal amount Dollar Amount of $3,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, in an aggregate principal amount of $1,000,000 or a whole multiple Dollar Amount of $1,000,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan, whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (ED) in the case of a LIBOR Rate Loan, the duration of the LIBOR Interest Period applicable thereto and (E) the Agreed Currency applicable thereto. A Notice of Borrowing received after 12:00 noon 11:00 a.m. (Chicago time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Grainger W W Inc)

Requests for Borrowing. The Administrative Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit B C (a "Notice of Borrowing”) "), not later than 12:00 noon 11:00 a.m. (Charlotte time) (i) on the same at least one (1) Business Day before the Revolving Credit Loans are to be advanced in the event that the Revolving Credit Loans will initially be made as each Base Rate Loan and each Swingline Loan Loans, (ii) at least two (2) Business Days before the Revolving Credit Loans are to be advanced in the event that the Revolving Credit Loans will initially be made as CD Rate Loans, and (iiiii) at least three (3) Business Days before each the Revolving Credit Loans are to be advanced in the event that the Revolving Credit Loans will initially be made as LIBOR Rate LoanLoans, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be (x) with respect to Base Rate Loans (other than Swingline Loans), in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans, in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, and (y) with respect to Fixed Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof, (C) whether such Loan is the Revolving Credit Loans are initially to be a Revolving Credit Loan Base Rate Loans, CD Rate Loans or Swingline LoanLIBOR Rate Loans, and (D) in the case of a Revolving Credit Loan, whether the Loans are to be LIBOR CD Rate Loans or Base LIBOR Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the initial Interest Period applicable thereto. A Notice of Borrowing Notices received after 12:00 noon 11:00 a.m. (Charlotte time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of its receipt of each Notice of Borrowing. The Borrower acknowledges and agrees that no Revolving Credit Loans shall be permitted to bear interest based on the CD Rate or the LIBOR Rate until three (3) Business Days after the Closing Date.

Appears in 1 contract

Samples: Credit Agreement (Markel Corp)

Requests for Borrowing. The Administrative Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit B (a “Notice of Borrowing”) not later than 12:00 noon 9:00 a.m. (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be be, (x) with respect to Base Rate Loans (other than Swingline Loans), ) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans, Loans in an aggregate principal amount of $3,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, Loans in an aggregate principal amount of $1,000,000 500,000 or a whole multiple of $1,000,000 100,000 in excess thereofthereof (or, in each case, the remaining amount of the Revolving Credit Commitment), (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan, Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 12:00 noon 9:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing. Confidential Portions of this Exhibit marked as [***] have been omitted pursuant to a request for confidential treatment and have been filed separately with the Securities and Exchange Commission.

Appears in 1 contract

Samples: Credit Agreement (STAMPS.COM Inc)

Requests for Borrowing. The Administrative Borrower shall give the Administrative Agent (with a copy to the Swingline Lender in the case of any request for a Swingline Loan) irrevocable prior written notice substantially in the form attached hereto as of Exhibit B or such other form as agreed by the Administrative Agent (a “Notice of Borrowing”) not later than 12:00 noon 11:00 a.m. (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and Loan, (ii) at least three (3) U.S. Government Securities Business Days before each LIBOR Rate Term Benchmark Loan and (iii) at least five (5) U.S. Government Securities Business Days before each RFR Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be be, (x) with respect to Base Rate Loans (other than Swingline Loans), in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans, in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, in an aggregate principal amount of $1,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof, (y) with respect to Term Benchmark Loans or RFR Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof (or, in each case, the remaining amount of the Revolving Credit Commitment or Swingline Commitment, as applicable), (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan, whether the Loans are to be LIBOR Rate Term Benchmark Loans, RFR Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Term Benchmark Loan, the duration of the Interest Period applicable theretothereto and (F) the location and number of the Borrower’s account to which funds are to be disbursed and a breakdown of the separate wires comprising such request. A Notice of Borrowing received after 12:00 noon 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders (and the Swingline Lender in the case of any request for a Swingline Loan) of each Notice of BorrowingBorrowing and, in the case of Revolving Credit Loans, each Lender’s ratable portion of such Loan. Notwithstanding the foregoing, in no event shall the Borrower be permitted to request pursuant to this Section 2.3 an RFR Loan bearing interest based on Daily Simple SOFR prior to a Benchmark Transition Event and Benchmark Replacement Date with respect to the Term SOFR Rate.

Appears in 1 contract

Samples: Credit Agreement (Chuy's Holdings, Inc.)

Requests for Borrowing. The Administrative Borrower shall give the Administrative Agent irrevocable prior written notice (it being understood and agreed that such notice may state that the Borrowing is conditioned upon the effectiveness of other credit facilities, acquisitions, dispositions or other transactions, in which case, such notice may be revoked or modified by Borrower (by notice to Administrative Agent on or prior to the specified borrowing date) if such condition is not satisfied) substantially in the form attached hereto as of Exhibit B (a “Notice of Borrowing”) not later than 12:00 noon p.m. (i) on the same Business Day as each Base Rate Loan and each Swingline Loan Loan, and (ii) at least three (3) RFR Business Days before each LIBOR Rate RateTerm SOFR Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be be, (x) with respect to Base Rate Loans (other than Swingline Loans), ) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans, RateTerm SOFR Loans in an aggregate principal amount of $3,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, Loans in an aggregate principal amount of $1,000,000 500,000 or a whole multiple of $1,000,000 100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan, Loan whether the Loans are to be LIBOR Rate RateTerm SOFR Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate RateTerm SOFR Loan, the duration of the Interest Period applicable thereto; provided that if the Borrower wishes to request LIBOR Rate Loans having an Interest Period of twelve months in duration, such notice must be received by the Administrative Agent not later than 12:00 p.m. four Business Days prior to the requested date of such borrowing, whereupon the Administrative Agent shall give prompt notice to the Revolving Credit Lenders of such request and determine whether the requested Interest Period is acceptable to all of them. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a Borrowing of LIBOR RateTerm SOFR Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 12:00 noon p.m. shall be deemed received on the next Business Day or RFR Business Day, as applicable. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (SYNAPTICS Inc)

Requests for Borrowing. The Administrative Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit B (a "Notice of Borrowing") not later than 12:00 noon 1:00 p.m. (New York time) (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be be, (x) with respect to Base Rate Loans (other than Swingline Loans), ) in an aggregate minimum principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof1,000,000, (y) with respect to LIBOR Rate Loans, Loans in an aggregate minimum principal amount of $3,000,000 or 1,000,000 or, at the Borrower's option, if such borrowing is to be used to pay a whole multiple principal installment due under Section 4.3, in an amount equal to the principal amount of $1,000,000 in excess thereof such installment, and (z) with respect to Swingline Loans, Loans in an aggregate principal amount of $1,000,000 100,000 or a whole multiple of $1,000,000 100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan, Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 noon 1:00 p.m. (New York time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Wackenhut Corrections Corp)

Requests for Borrowing. The Administrative Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit B (a “Notice of Borrowing”) not later than 12:00 noon (i) 3:00 p.m. on the same Business Day as each Swingline Loan, (ii) 11:00 a.m. on the same Business Day as each Base Rate Loan and each Swingline Loan and (iiiii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be be, (x) with respect to Base Rate Revolving Loans (other than Swingline Loans), in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans, in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, in an aggregate principal amount of $1,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof and (y) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan, Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 noon 11:00 a.m. (or, in respect of any Swingline Loan, 3:00 p.m.) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Lenders of each Notice of Borrowing. Notwithstanding the foregoing, all Revolving Loans made on the Closing Date shall be made as Base Rate Loans.

Appears in 1 contract

Samples: Credit Agreement (Orbital Sciences Corp /De/)

Requests for Borrowing. The Administrative Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit B B-1 (a “Notice of Revolving Credit/Swingline Borrowing”) not later than 12:00 noon 11:00 a.m. (Charlotte time) (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be in an amount equal to the amount of the Revolving Credit Commitment then available to the Borrower, or if less, (x) with respect to Base Rate Loans in an aggregate principal amount of $500,000 or a whole multiple of $50,000 in excess thereof, (other than Swingline Loans), y) with respect to LIBOR Rate Loans in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans, in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof and (z) with respect to Swingline Loans, Loans in an aggregate principal amount of $1,000,000 100,000 or a whole multiple of $1,000,000 50,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan, (D) in the case of a Revolving Credit Loan, whether the Loans are such Loan is to be a LIBOR Rate Loans Loan or a Base Rate Loans, Loan and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto; provided that Swingline Loans made pursuant to the SweepPlus Program shall be made pursuant to the terms and conditions thereof and shall be in a minimum amount of $1,000 or any increment thereof. A Notice of Borrowing Notices received after 12:00 noon 11:00 a.m. (Charlotte time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Revolving Credit/Swingline Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Global Imaging Systems Inc)

Requests for Borrowing. The Administrative Borrower Company, on behalf of the Co-Borrowers, shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit B (a "Notice of Borrowing") not later than 12:00 noon 11:00 a.m. (Atlanta time) (i) on the same Business Day as date of borrowing with respect to each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, and (iii) at least four (4) Business Days before each Foreign Currency Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be (x) shall, with respect to Base LIBOR Rate Loans (other than Swingline Loans), be in an aggregate principal amount of $3,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Foreign Currency Loans, be denominated in the applicable Foreign Currency and be in increments of 100,000 units of such Foreign Currency (such amount to have an approximate minimum Assigned Dollar Value of $1,000,000), and, with respect to Base Rate Loans, be in an aggregate principal amount of $3,000,000 500,000 and or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, in an aggregate principal amount of $1,000,000 or a whole multiple of $1,000,000 100,000 in excess thereof, (C) whether such Loan is the Loans are to be a Revolving Credit Loan LIBOR Rate Loans, Base Rate Loans, or Swingline LoanForeign Currency Loans, and (D) in the case of a Revolving Credit Loan, whether the Loans are to be LIBOR Rate Loans Loan or Base Rate Loans, and (E) in the case of a LIBOR Rate Foreign Currency Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing Notices received after 12:00 noon 11:00 a.m. (Atlanta time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Scientific Games Holdings Corp)

Requests for Borrowing. The Administrative Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit B (a “Notice of Borrowing”) for Revolving Credit Loans or Swingline Loans, as the case may be, not later than 12:00 noon 1:00 p.m. (New York time) (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be be, (x) with respect to Base Rate Loans (other than Swingline Loans), ) in an aggregate minimum principal amount of One Million Dollars ($3,000,000 or a whole multiple of $1,000,000 in excess thereof1,000,000), (y) with respect to LIBOR Rate LoansLoans in an aggregate minimum principal amount of Two Million Five Hundred Thousand Dollars ($2,500,000) or, at the Borrower’s option, if such borrowing is to be used to pay a principal installment due under Section 4.3, in an aggregate amount equal to the principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof such installment, and (z) with respect to Swingline Loans, Loans in an aggregate principal amount of One Hundred Thousand Dollars ($1,000,000 100,000) or a whole multiple of One Hundred Thousand Dollars ($1,000,000 100,000) in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan, Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 noon 1:00 p.m. (New York time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Geo Group Inc)

Requests for Borrowing. The Administrative Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit B (a “Notice of Borrowing”) not later than 12:00 noon 11:00 a.m. (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and Loan, (ii) at least three (3) Business Days before each LIBOR Rate Loan denominated in Dollars and (iii) at least four (4) Business Days before each Alternative Currency Revolving Credit Loan, of its intention to borrow, specifying specifying: (A) the date of such borrowing, which shall be a Business Day, (B) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan; (C) if such Loan is an Alternative Currency Revolving Credit Loan, the applicable Alternative Currency in which such Loan is to be funded; (D) if such Loan is a Revolving Credit Loan denominated in Dollars, whether such Revolving Credit Loan shall be a LIBOR Rate Loan or a Base Rate Loan; (E) if such Loan is a LIBOR Rate Loan, the duration of the Interest Period applicable thereto; and (F) the amount of such borrowing, which shall be be, (x1) with respect to Base Rate Loans (other than Swingline Loans), in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans, in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof (or, if such borrowing is denominated in an Alternative Currency, 5,000,000 units of such currency and whole multiples of 1,000,000 units in excess thereof), (z2) with respect to Swingline Loans, LIBOR Rate Loans in an aggregate principal amount of $1,000,000 5,000,000, or a whole multiple of $1,000,000, in excess thereof (or, if such borrowing is denominated in an Alternative Currency, 5,000,000 units of such currency and whole multiples of 1,000,000 units in excess thereof) or (3) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof. If the Borrower fails to specify a currency in a Notice of Borrowing, (C) whether such then the Loan is to so requested shall be a Revolving Credit Loan or Swingline Loan, (D) made in the case of a Revolving Credit Loan, whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable theretoDollars. A Notice of Borrowing received after 12:00 noon 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Global Power Equipment Group Inc.)

Requests for Borrowing. The Administrative Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit B (a “Notice of Borrowing”) not later than 12:00 noon 11:00 a.m. (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be be, (x) with respect to Base Rate Loans (other than Swingline Loans), ) in an aggregate principal amount of $3,000,000 500,000 or a whole multiple of $1,000,000 250,000 in excess thereof, (y) with respect to LIBOR Rate Loans, Loans in an aggregate principal amount of $3,000,000 500,000 or a whole multiple of $1,000,000 250,000 in excess thereof and (z) with respect to Swingline Loans, Loans in an aggregate principal amount of $1,000,000 100,000 or a whole multiple of $1,000,000 50,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan, Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 12:00 noon 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Zoe's Kitchen, Inc.)

Requests for Borrowing. The Administrative Borrower shall give the Administrative Agent irrevocable prior written notice substantially (or telephonic notice promptly confirmed in writing) in the form attached hereto as Exhibit B (a "Notice of Borrowing") not later than 12:00 noon 11:00 a.m. (New York time) (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and Loan, (ii) at least one Business Day before each proposed borrowing of Base Rate Loans and (iii) at least three (3) Business Days before each LIBOR Rate Loanproposed borrowing of Eurodollar Loans, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be (x) with respect to Base Rate Revolving Credit Loans (other than Swingline Loans), in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans, in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, shall be in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof for Base Rate Loans (provided that the foregoing minimums shall not apply if the Revolving Credit Loans are being made pursuant to Section 2.2(b) and an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereofthereof for Eurodollar Loans, (C) whether such Loan is Loans are to be a Revolving Credit Loan Loans or a Swingline Loan, (D) in the case of a Revolving Credit LoanLoans, whether the Loans are to be LIBOR Rate Eurodollar Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate LoanEurodollar Loans, the duration of the Interest Period applicable thereto. A Notice of Borrowing Notices received after 12:00 noon 11:00 a.m. (New York time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of BorrowingBorrowing with respect to Revolving Credit Loans.

Appears in 1 contract

Samples: Credit Agreement (Caraustar Industries Inc)

Requests for Borrowing. The Administrative Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit B (a “Notice of Borrowing”) for Revolving Credit Loans or Swingline Loans, as the case may be, not later than 12:00 noon 1:00 p.m. (New York time) (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be be, (x) with respect to Base Rate Loans (other than Swingline Loans), in an aggregate minimum principal amount of One Million Dollars ($3,000,000 or a whole multiple of $1,000,000 in excess thereof1,000,000), (y) with respect to LIBOR Rate Loans, in an aggregate minimum principal amount of Two Million Five Hundred Thousand Dollars ($3,000,000 or 2,500,000) or, at the Borrower’s option, if such borrowing is to be used to pay a whole multiple principal installment due under Section 4.3, in an amount equal to the principal amount of $1,000,000 in excess thereof such installment, and (z) with respect to Swingline Loans, in an aggregate principal amount of One Hundred Thousand Dollars ($1,000,000 100,000) or a whole multiple of One Hundred Thousand Dollars ($1,000,000 100,000) in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan, Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 noon 1:00 p.m. (New York time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Geo Group Inc)

Requests for Borrowing. The Administrative Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit B (a “Notice of Borrowing”) not later than 12:00 noon 11:00 a.m. (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be be, (x) with respect to Base Rate Loans (other than Swingline Loans), ) in an aggregate principal amount of no less than $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans, Loans in an aggregate principal amount of no less than $3,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, Loans in an aggregate principal amount of $1,000,000 500,000 or a whole multiple of $1,000,000 100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan, Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, (E) in the case of a Swingline Loan, whether the Loans are to be Base Rate Loans or LIBOR Market Index Rate Loans and (EF) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 noon 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Macquarie Infrastructure Corp)

Requests for Borrowing. The Administrative Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit B (a “Notice of Borrowing”) or such other form as may be approved by the Administrative Agent (including any form on an electronic platform or electronic transmission system as shall be approved by the Administrative Agent) not later than 12:00 noon 11:00 a.m. (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be be, (x) with respect to Base Rate Loans (other than Swingline Loans), ) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans, Loans in an aggregate principal amount of $3,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, Loans in an aggregate principal amount of $1,000,000 500,000 or a whole multiple of $1,000,000 100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan, Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto; provided that if the Borrower wishes to request LIBOR Rate Loans having an Interest Period of twelve months in duration, such notice must be received by the Administrative Agent not later than 11:00 a.m. four (4) Business Days prior to the requested date of such borrowing, whereupon the Administrative Agent shall give prompt notice to the Revolving Credit Lenders of such request and determine whether the requested Interest Period is acceptable to all of them. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 12:00 noon 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing. Notwithstanding the foregoing, no such Notice of Borrowing shall be required in connection with a Borrowing of a Swingline Loan when the Autoborrow Agreement is in effect.

Appears in 1 contract

Samples: Credit Agreement (Copart Inc)

Requests for Borrowing. The Administrative Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit B (a “Notice of Borrowing”) not later than 12:00 noon 11:00 a.m. (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate LoanLoan (provided that the Borrower may request, no later than two (2) Business Days prior to the Closing Date, that the Lenders make Revolving Credit Loans that are LIBOR Rate Loans on the Closing Date if the Borrower has delivered to the Administrative Agent a letter in form and substance reasonably satisfactory to the Administrative Agent indemnifying the Lenders in the manner set forth in Section 5.9 of this Agreement), of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be be, (x) with respect to Base Rate Loans (other than Swingline Loans), in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans, in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, in an aggregate principal amount of $1,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof and (y) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan, Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto; provided that if the Borrower wishes to request LIBOR Rate Loans having an Interest Period of nine or twelve months (or any period less than one month) in duration, such notice must be received by the Administrative Agent not later than 11:00 a.m. three (3) Business Days prior to the requested date of such borrowing, whereupon the Administrative Agent shall give prompt notice to the Revolving Credit Lenders of such request and determine whether the requested Interest Period is acceptable to all of them. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 12:00 noon 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Boot Barn Holdings, Inc.)

Requests for Borrowing. The Administrative Borrower shall give the Administrative ---------------------- Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit B B- --------- 1 (a "Notice of Revolving Credit Borrowing") (i) not later than 12:00 noon - (iCharlotte time) on the same Business Day as on which each Swingline Loan is to be made, (ii) not later than 11:00 a.m. (Charlotte time) at least one (1) Business Day before each Revolving Credit Loan which is initially to be a Base Rate Loan and each Swingline Loan is to be made and (iiiii) not later than 11:00 a.m. (Charlotte time) at least three (3) Business Days before each Revolving Credit Loan which is initially to be a LIBOR Rate LoanLoan is to be made, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be in an amount equal to the amount of the Aggregate Revolving Credit Commitment then available to the Borrower, or if less, (x) with respect to Base Rate Loans (other than Swingline Loans), in an aggregate principal amount of $3,000,000 1,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof, (y) with respect to LIBOR Rate Loans, Loans in an aggregate principal amount of $3,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, Loans in an aggregate principal principle amount of $1,000,000 500,000 or a whole multiple of $1,000,000 100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan, (D) in the case of a Revolving Credit Loan, whether the Loans are initially to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the initial Interest Period applicable thereto. A Notice of Borrowing Notices received after 12:00 noon (Charlotte time) in the case of Swingline Loans or 11:00 a.m. (Charlotte time) in the case of Base Rate Loans and LIBOR Rate Loans shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of BorrowingRevolving Credit Borrowing received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Richfood Holdings Inc)

Requests for Borrowing. The Administrative Borrower shall give the Administrative Agent irrevocable prior written notice of a borrowing of Loans substantially in the form attached hereto as Exhibit B (of a Loan Notice of Borrowing”) not later than 12:00 noon 11:00 a.m. (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and Loan, (ii) at least three (3) U.S. Government Securities Business Days before each LIBOR Rate Daily Simple SOFR Loan and (iii) at least three (3) U.S. Government Securities Business Days before each Term SOFR Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be be, (x) with respect to Base Rate Loans (other than Swingline Loans), in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans, in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, in an aggregate principal amount of $1,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof, (y) with respect to SOFR Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof (or, in each case, the remaining amount of the Revolving Credit Commitment or the Swingline Commitment, as applicable), (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan whether such Revolving Loan is to be a Daily Simple SOFR Loan, whether the Loans are to be LIBOR Rate Loans a Term SOFR Loan or a Base Rate LoansLoan, and (E) in the case of a LIBOR Rate Term SOFR Loan, the duration of the Interest Period applicable thereto. If the Borrower fails to specify a Type of Loan in a Loan Notice, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a borrowing of a Term SOFR Loan 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. A Loan Notice of Borrowing received after 12:00 noon 11:00 a.m. shall be deemed received on the next Business Day or U.S. Government Securities Business Day, as applicable. The Administrative Agent shall promptly notify the Lenders of each Notice of BorrowingLoan Notice.

Appears in 1 contract

Samples: Credit Agreement (United States Lime & Minerals Inc)

Requests for Borrowing. The Administrative Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit B (a “Notice of Borrowing”) not later than 12:00 noon 11:00 a.m. Local Time (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and Loan, (ii) at least three (3) Business Days before each LIBOR Rate LoanLoan under the Dollar Tranche or if in respect of Delayed Draw Term Loans or Incremental Term Loans, and (iii) at least four (4) Business Days before each Loan under the Designated Currency Tranche, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be be, (x) with respect to Base Rate Loans (other than Swingline Loans), in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans, in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, in an aggregate principal amount of $1,000,000 or a whole multiple of $1,000,000 100,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal Dollar Amount of $2,500,000 or a whole multiple of $100,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Dollar Tranche Revolving Credit Loan Loan, a Designated Currency Tranche Revolving Credit Loan, a Delayed Draw Term Loan, or a Swingline Loan, (D) in the case of a Dollar Tranche Revolving Credit Loan or a Delayed Draw Term Loan, whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto, and (F) in the case of a Designated Currency Tranche Revolving Credit Loan, the Agreed Currency thereof. The Base Rate shall not be available under the Designated Currency Tranche. A Notice of Borrowing received after 12:00 noon 11:00 a.m. Local Time shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the appropriate Lenders of each Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Blackbaud Inc)

Requests for Borrowing. The Administrative Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit B (a “Notice of Borrowing”) not later than 12:00 noon 11:00 a.m. (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be be, (x) with respect to Base Rate Loans (other than Swingline Loans)) in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans, in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, Loans in an aggregate principal amount of $1,000,000 500,000 or a whole multiple of $1,000,000 100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan, Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 12:00 noon 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (SolarWinds, Inc.)

Requests for Borrowing. The Administrative Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit B B-1 (a "Notice of Revolving Loan Borrowing") not later than 12:00 noon Noon (Charlotte time) (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be (x) with respect to Base Rate Loans (other than Swingline Loans), in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans, in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, in an aggregate principal amount of $1,000,000 or a whole multiple of $1,000,000 50,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $4,000,000 or a whole multiple of $100,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $50,000 or a whole multiple of $50,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan, (D) in the case of a Revolving Credit Loan, Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Revolving Loan Borrowing received after 12:00 noon Noon (Charlotte time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Revolving Loan Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Veridian Corp)

Requests for Borrowing. The Administrative Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit B (a “Notice of Borrowing”) not later than 12:00 noon 11:00 a.m. (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) 3 Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be be, (x) with respect to Base Rate Loans (other than Swingline Loans), ) in an aggregate principal amount of no less than $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans, Loans in an aggregate principal amount of no less than $3,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, Loans in an aggregate principal amount of $1,000,000 500,000 or a whole multiple of $1,000,000 100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan, Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, (E) in the case of a Swingline Loan, whether the Loans are to be Base Rate Loans or LIBOR Market Index Rate Loans and (EF) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 noon 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Macquarie Infrastructure CO LLC)

Requests for Borrowing. The Administrative Borrower Agent, on behalf of itself or the Cayman Borrower, shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit B (a “Notice of Borrowing”) not later than 12:00 noon 11:00 a.m. (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be be, (x) with respect to Base Rate Loans (other than Swingline Loans), ) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans, Loans in an aggregate principal amount of $3,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, Loans in an aggregate principal amount of $1,000,000 500,000 or a whole multiple of $1,000,000 100,000 in excess thereof, (C) whether such Loan is to be a Revolving 54537432_8 Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan, Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, (E) whether such Loan will be made to the Parent Borrower or the Cayman Borrower and (EF) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. If the Borrower Agent fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower Agent requests a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 12:00 noon 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Ubiquiti Networks, Inc.)

Requests for Borrowing. The Administrative Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit B (a “Notice of Borrowing”) not later than 12:00 noon (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention From time to borrow, specifying (A) time following the date of such borrowinghereof through the Maturity Date, which shall be the Borrower may make one or more written requests to borrow from the Lender principal amounts under this Note up to a Business Daymaximum amount not to exceed, (B) together with the amount of such borrowing, which shall be (x) with respect to Base Rate Loans (other than Swingline Loans), in an aggregate principal amount then outstanding under this Note, TEN MILLION DOLLARS ($10,000,000.00) in the aggregate (the “Maximum Amount”). Such Borrowings shall be in increments of $3,000,000 1,000,000 each, or a whole multiple multiples of $1,000,000 in excess thereof, (yor if the then aggregate amount available for borrowing under this Note is less than $1,000,000, such aggregate lesser amount). Within two (2) with respect Business Days following the Lender’s receipt of any such borrowing request, the Lender shall arrange to LIBOR Rate Loanslend and disburse such monies to the Borrower so long as, in an and to the extent, the aggregate principal amount of $3,000,000 all Borrowings outstanding under this Note, after giving effect to such Borrowing, does not exceed the Maximum Amount. Simultaneously with the making of any Borrowing or a whole multiple the repayment of $1,000,000 any Borrowing (as provided below in excess thereof Section 5) hereunder, the Lender shall update Schedule 1 hereto accurately to reflect any amounts so borrowed or repaid and (z) with respect to Swingline Loans, in an the aggregate principal amount of $1,000,000 or all Borrowings outstanding under this Note after giving effect thereto and, upon approval thereof by the Borrower, the Lender and the Borrower shall each affix the initials of their respective authorized representatives to such updated Schedule 1, which shall thereafter constitute prima facie evidence of the aggregate principal amount of all Borrowings outstanding hereunder. Disbursement of any monies by the Lender in connection with the making of a whole multiple Borrowing hereunder shall be made to the Borrower by wire transfer of $1,000,000 immediately available funds in excess thereof, (C) whether such Loan is accordance with the instructions that the Borrower specifies to be a Revolving Credit Loan or Swingline Loan, (D) the Lender in the case of a Revolving Credit Loan, whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 noon shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowingwritten request.

Appears in 1 contract

Samples: Revolving Note (Voltari Corp)

Requests for Borrowing. The Administrative Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit B (a “Notice of Borrowing”) Borrowing not later than 12:00 noon (i) 11:00 a.m. on the same Business Day Initial Delayed Draw Term Loan Funding Date or any subsequent day prior to the Delayed Draw Funding Deadline questing that the Lenders make a Delayed Draw Term Loan as each a Base Rate Loan and each Swingline Loan and on such date (ii) at least provided the Borrower may request, no later than three (3) Business Days before each days prior to the Initial Delayed Draw Term Loan Funding Date or any subsequent date of borrowing, that the Lender make a Delayed Draw Term Loan as a LIBOR Rate Loan, of its intention to borrow), specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be (x) with respect to Base Rate Loans (other than Swingline Loans), in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans, in an aggregate principal amount of $3,000,000 25,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loansor, in an aggregate principal if less, the remaining undrawn amount of $1,000,000 or a whole multiple of $1,000,000 in excess thereofthe Delayed Draw Term Loan Commitment, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan, whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (ED) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 noon 11:00 a.m. shall be deemed received on the next Business Day. The Upon receipt of any such Notice of Borrowing from the Borrower, the Administrative Agent shall promptly notify the Lenders of each Notice of BorrowingLender thereof.

Appears in 1 contract

Samples: Credit Agreement (Globalstar, Inc.)

Requests for Borrowing. The Administrative Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit B (a “Notice of Borrowing”) not later than 12:00 noon 1:00 p.m. (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be be, (x) with respect to Base Rate Loans (other than Swingline Loans), in an aggregate principal amount of $3,000,000 1,000,000 or a whole multiple of $1,000,000 in excess thereofthereof (or if less, the entirety of the unutilized Revolving Credit Commitment), (y) with respect to LIBOR Rate Loans, Loans in an aggregate principal amount of $3,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, Loans in an aggregate principal amount of $1,000,000 500,000 or a whole multiple of $1,000,000 100,000 in excess thereofthereof (or if less, the entirety of the unutilized Swingline Commitment), (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan, Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 noon 1:00 p.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Amerigas Partners Lp)

Requests for Borrowing. The Administrative applicable Borrower or Borrowers shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit B (a "Notice of Borrowing") not later than 12:00 noon (Charlotte time) (i) on the same Business Day as each Swingline Loan, (ii) at least one Business Day before each Base Rate Loan and each Swingline Loan and Loan, (iiiii) at least three (3) Business Days before each LIBOR Rate LoanLoan denominated in Dollars and (iv) at least four (4) Business Days before each LIBOR Rate Loan denominated in an Alternative Currency, of its or their intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be (x) with respect to Base Rate Loans (other than Swingline Loans), in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans, in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, in an aggregate principal amount of $1,000,000 or a whole multiple of $1,000,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan, Finnish Mark Loan or a Swingline Loxx, (C) if such Loan is a Revolving Credit Loan, whether such Loan shall be denominated in Dollars or in an Alternative Currency, (D) if denominated in the case of a Revolving Credit LoanDollars, whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, (E) the amount of such borrowing, which shall be (u) with respect to LIBOR Rate Loans denominated in Dollars in an aggregate principal amount of $10,000,000 or a whole multiple of $1,000,000 in excess thereof, (v) with respect to LIBOR Rate Loans denominated in an Alternative Currency (other than Finnish Marks) in an aggregate principal Alternative Currency Amount of $10,000,000 or a whole multiple of $1,000,000 in excess thereof, (x) with respect to LIBOR Rate Loans denominated in Finnish Marks in an aggregate principal Alternative Currency Amount of $2,000,000 or a whole multiple of $100,000 in excess thereof, (y) with respect to Base Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, and (Ez) with respect to Swingline Loans in an aggregate principal amount of $100,000 or a whole multiple thereof and (F) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing Notices received after 12:00 noon (Charlotte time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify (i) the Lenders of each Notice of BorrowingBorrowing with respect to a Revolving Credit Loan and (ii) the Finnish Mark Lenders of each Notice xx Borrowing with respect to a Finnish Mark Loan.

Appears in 1 contract

Samples: Credit Agreement (Breed Technologies Inc)

Requests for Borrowing. The Administrative Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit B (a "Notice of Borrowing") not later than 12:00 noon Noon (Charlotte time) (i) on the same Business Day as each Base Rate Loan and each Swingline Loan Loan, and (ii) at least three (3) Business Days before each LIBOR Rate LoanLoan denominated in Dollars and not later than 11:00 a.m. (the time of the Administrative Agent's Correspondent) at least four (4) Business Days before each LIBOR Rate Loan denominated in an Alternative Currency, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) whether the Loan shall be denominated in Dollars or an Alternative Currency, (C) if denominated in Dollars, whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, (D) the amount of such borrowing, which shall be not exceed an amount equal to the amount of the Aggregate Commitment or Alternative Currency Commitment, as applicable, then available to the Borrower, and shall be, (x) with respect to Base Rate Loans (other than Swingline Loans), in an aggregate principal amount of $3,000,000 2,500,000 or a whole multiple of $1,000,000 500,000 in excess thereof, (y) with respect to LIBOR Rate LoansLoans denominated in Dollars, in an aggregate principal amount of $3,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline LoansLIBOR Rate Loans denominated in an Alternative Currency, in an aggregate principal amount of $1,000,000 2,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan, whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing Notices received after 12:00 noon Noon (Charlotte time) (or 11:00 a.m. (the time of the Administrative Agent's Correspondent) with respect to Alternative Currency Loans) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Insignia Esg Holdings Inc)

Requests for Borrowing. The Administrative With the exception of Swingline Loans deemed requested pursuant to Section 2.2(b) hereof, the Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit B (a "Notice of Borrowing") not later than 12:00 noon 11:00 a.m. (i) on the same Business Day as each Base Rate Loan and each Swingline Loan requested under this Section 2.3(a) and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be in an amount equal to the amount of the Aggregate Commitment then available to the Borrower, or if less, (x) with respect to Base Rate Loans (other than the Swingline LoansLoans requested pursuant to this Section 2.3(a), ) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans, Loans in an aggregate principal amount of $3,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to the Swingline Loans, Loans requested pursuant to this Section 2.3(a) in an aggregate principal amount of $1,000,000 500,000 or a whole multiple of $1,000,000 100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan, (D) in the case of a Revolving Credit Loan, Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the LIBOR Interest Period applicable thereto. A Any Notice of Borrowing received after 12:00 noon 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Performance Food Group Co)

Requests for Borrowing. The Administrative With the exception of Swingline Loans deemed requested pursuant to Section 2.2(b) hereof, the Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit B (a "Notice of Borrowing") not later than 12:00 noon 11:00 a.m. (Charlotte time) (i) on the same Business Day as each Base Rate Loan and each Swingline Loan requested under this Section 2.3(a) and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be in an amount equal to the amount of the Aggregate Commitment then available to the Borrower, or if less, (x) with respect to Base Rate Loans (other than the Swingline LoansLoans requested pursuant to this Section 2.3(a), ) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans, Loans in an aggregate principal amount of $3,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to the Swingline Loans, Loans requested pursuant to this Section 2.3(a) in an aggregate principal amount of $1,000,000 500,000 or a whole multiple of $1,000,000 100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan, (D) in the case of a Revolving Credit Loan, Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Any Notice of Borrowing received after 12:00 noon 11:00 a.m. (Charlotte time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing."; and

Appears in 1 contract

Samples: Credit Agreement (Performance Food Group Co)

Requests for Borrowing. The Administrative Borrower shall give the Administrative Agent (and, in the case of Swingline Loans, the applicable Swingline Lender) irrevocable prior written notice substantially in the form attached hereto as of Exhibit B (a “Notice of Borrowing”) not later than 12:00 noon (i) 3:00 p.m. on the same Business Day as each Swingline Loan, (ii) 12:00 noon on the same Business Day as each Revolving Loan that is a Base Rate Loan and each Swingline Loan and (iiiii) at least three (3) Business Days before each Revolving Loan that is a LIBOR Rate Loan, of its intention to borrowborrow Revolving Loans, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be be, (x) with respect to Base Rate Revolving Loans (other than Swingline Loans), in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans, in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, in an aggregate principal amount of $1,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof and (y) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan, whether the Loans are Loan is to be a LIBOR Rate Loans Loan or Base Rate LoansLoan, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 noon (or, in respect of any Swingline Loan, 3:00 p.m.) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Lenders of each Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Orbital Atk, Inc.)

Requests for Borrowing. The Administrative Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit B (a "Notice of Borrowing") not later than 12:00 noon 11:00 a.m. (Charlotte time) (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be in an amount equal to the amount of the Aggregate Commitment then available to the Borrower, or if less, (x) with respect to Base Rate Loans (other than the Swingline Loans), ) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans, Loans in an aggregate principal amount of $3,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to the Swingline Loans, Loans in an aggregate principal amount of $1,000,000 500,000 or a whole multiple of $1,000,000 100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan, (D) in the case of a Revolving Credit Loan, Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Any Notice of Borrowing received after 12:00 noon 11:00 a.m. (Charlotte time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Performance Food Group Co)

Requests for Borrowing. The Administrative Borrower shall give the Administrative Agent irrevocable prior written notice (it being understood and agreed that such notice may state that the Borrowing is conditioned upon the effectiveness of other credit facilities, acquisitions, dispositions or other transactions, in which case, such notice may be revoked or modified by Borrower (by notice to Administrative Agent on or prior to the specified borrowing date) if such condition is not satisfied) substantially in the form attached hereto as of Exhibit B (a “Notice of Borrowing”) not later than 12:00 noon p.m. (i) on the same Business Day as each Base Rate Loan and each Swingline Loan Loan, and (ii) at least three (3) RFR Business Days before each LIBOR Rate Term SOFR Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be be, (x) with respect to Base Rate Loans (other than Swingline Loans), ) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans, Term SOFR Loans in an aggregate principal amount of $3,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, Loans in an aggregate principal amount of $1,000,000 500,000 or a whole multiple of $1,000,000 100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan, Loan whether the Loans are to be LIBOR Rate Term SOFR Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Term SOFR Loan, the duration of the Interest Period applicable thereto. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a Borrowing of Term SOFR Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 12:00 noon p.m. shall be deemed received on the next Business Day or RFR Business Day, as applicable. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (SYNAPTICS Inc)

Requests for Borrowing. The Administrative Borrower Agent, on behalf of itself or the Cayman Borrower, shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit B (a “Notice of Borrowing”) not later than 12:00 noon 11:00 a.m. (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be be, (x) with respect to Base Rate Loans (other than Swingline Loans), ) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans, Loans in an aggregate principal amount of $3,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, Loans in an aggregate principal amount of $1,000,000 500,000 or a whole multiple of $1,000,000 100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan, Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, (E) whether such Loan will be made to the Parent Borrower or the Cayman Borrower and (F and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. If the Borrower Agent fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower Agent requests a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 12:00 noon 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing.. (b)

Appears in 1 contract

Samples: Credit Agreement (Ubiquiti Inc.)

Requests for Borrowing. The Administrative Borrower shall give the Administrative ---------------------- Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit B --------- (a "Notice of Borrowing") not later than 12:00 noon 11:00 a.m. (Charlotte time) (i) on the same Business Day as for each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be (x) with respect to Base each LIBOR Rate Loans (other than Swingline Loans)Loan, in an aggregate a principal amount of $3,000,000 2,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof, (y) with respect to LIBOR each Base Rate LoansLoan, in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, in an aggregate principal amount of $1,000,000 or a whole multiple of $1,000,000 100,000 in excess thereof, and (z) with respect to each Swingline Loan, in a principal amount of $250,000 or a whole multiple of $50,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Working Capital Loan, Swingline Loan, Permitted Acquisition Loan or Swingline IPC Acquisition Loan, (D) in the case of a Revolving Credit Working Capital Loan, Permitted Acquisition Loan or IPC Acquisition Loan, whether the Loans are such Loan is to be a LIBOR Rate Loans Loan or Base Rate LoansLoan, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 noon 11:00 a.m. (Charlotte time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Inergy L P)

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Requests for Borrowing. The Administrative Borrower shall give the Administrative Agent irrevocable prior written notice substantially (or telephonic notice confirmed by written notice) in the form attached hereto as Exhibit B C-1 (a "Notice of Revolving Credit Loan Borrowing") not later than 12:00 noon 11:00 a.m. (Charlotte time) (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be (x) with respect to Base LIBOR Rate Loans (other than Swingline Loans), in an aggregate principal amount of $3,000,000 250,000 or a whole multiple of $1,000,000 100,000 in excess thereof, (y) thereof and with respect to LIBOR Base Rate Loans, Loans in an aggregate principal amount of $3,000,000 250,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, in an aggregate principal amount of $1,000,000 or a whole multiple of $1,000,000 100,000 in excess thereof, (C) whether such Loan is to be a the Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan, whether the Loans are to be LIBOR Rate Loans or Base Rate LoansLoans (provided that LIBOR Rate Loans shall not be available until three (3) Business Days after the Effective Date, and (ED) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing Notices received after 12:00 noon 11:00 a.m. (Charlotte time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Revolving Credit Loan Borrowing. Any Notice of Revolving Credit Loan Borrowing delivered on the Effective Date shall request only Base Rate Loans.

Appears in 1 contract

Samples: Credit Agreement (Northland Cable Properties Six LTD Partnership)

Requests for Borrowing. The Administrative Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit B (a "Notice of Borrowing") not later than 12:00 noon (Charlotte time) (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be (x) with respect to Base LIBOR Rate Loans (other than Swingline Loans), in an aggregate principal amount of $3,000,000 10,000,000 or a whole multiple of $1,000,000 5,000,000 in excess thereof, (y) thereof and with respect to LIBOR Base Rate Loans, Loans in an aggregate principal amount of $3,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, Loans in an aggregate principal amount of $1,000,000 or a whole multiple multiples of $1,000,000 in excess thereof, (C) whether such Loan is the Loans are to be a Revolving Credit Loan Loans or Swingline LoanLoans, (D) in the case of a Revolving Credit LoanLoans, whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the LIBOR Interest Period applicable thereto. A Notice of Borrowing Any notices received after 12:00 noon 11:00 a.m. (Charlotte time) for Base Rate Loans or LIBOR Rate Loans shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of BorrowingBorrowing with Respect to a Revolving Credit Loan.

Appears in 1 contract

Samples: Credit Agreement (Lci International Inc /Va/)

Requests for Borrowing. The Administrative Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit B (a “Notice of Borrowing”) not later than 12:00 noon 11:00 a.m. (Chicago time) (i) on the same Business Day as each of a proposed borrowing comprised of Base Rate Loan and each Swingline Loan Loans and (ii) at least three (3) Business Days before each prior to the proposed borrowing date in the case of a borrowing comprised of LIBOR Rate LoanLoans, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be be, (x) with respect to Base Rate Loans (other than Swingline Loans), in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, and (y) with respect to LIBOR Rate Loans, Loans in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, in an aggregate principal amount of $1,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan, whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (ED) in the case of a LIBOR Rate Loan, the duration of the LIBOR Interest Period applicable thereto; provided, that in the case of a borrowing comprised of LIBOR Rate Loans on the Closing Date, the Borrower shall also deliver to the Administrative Agent with any Notice of Borrowing a LIBOR funding indemnity letter in form and substance reasonably acceptable to the Administrative Agent. A Notice of Borrowing received after 12:00 noon 11:00 a.m. (Chicago time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Grainger W W Inc)

Requests for Borrowing. The Administrative Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit B (a “Notice of Borrowing”) not later than 12:00 noon 11:00 a.m. (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be be, (x) with respect to Base Rate Loans (other than Swingline Loans), ) in an aggregate principal amount of $3,000,000 1,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof, (y) with respect to LIBOR Rate Loans, Loans in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, in an aggregate principal amount of $1,000,000 or a whole multiple of $1,000,000 in excess thereofLoans there shall be no minimum amount, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan, Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto; provided that if the Borrower wishes to request LIBOR Rate Loans having an Interest Period of twelve months in duration, such notice must be received by the Administrative Agent not later than 11:00 a.m. four (4) Business Days prior to the requested date of such borrowing, whereupon the Administrative Agent shall give prompt notice to the Revolving Credit Lenders of such request and determine whether the requested Interest Period is acceptable to all of them. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 12:00 noon 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Us Ecology, Inc.)

Requests for Borrowing. The Administrative Parent Borrower shall give the Administrative Agent irrevocable prior notice, which may be given by (I) telephone or (II) written notice substantially in the form attached hereto as of Exhibit B A-5 (a “Notice of Borrowing”); provided that any telephone notice must be confirmed immediately by delivery to the Administrative Agent of a Notice of Borrowing (or Swingline Loan Notice, as applicable). Each such Notice of Borrowing (or Swingline Loan Notice, as applicable) must be received by the Administrative Agent not later than 12:00 noon 11:00 a.m. (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be be, (x) with respect to Base Rate Loans (other than Swingline Loans), ) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans, Loans in an aggregate principal amount of $3,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, Loans in an aggregate principal amount of $1,000,000 500,000 or a whole multiple of $1,000,000 100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan, Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing (or Swingline Loan Notice, as applicable) received after 12:00 noon 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of BorrowingBorrowing (by telephone or in writing).

Appears in 1 contract

Samples: Credit Agreement (Aci Worldwide, Inc.)

Requests for Borrowing. The Administrative Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit B (a “Notice of Borrowing”) not later than 12:00 noon (i) 11:00 a.m. on the same Business Day as each Base Rate Loan and each (other than Swingline Loan and Loans), (ii) 11:00 a.m. at least three (3) Business Days before each LIBOR Rate Loan and (iii) 1:00 p.m. on the same Business Day as each Swingline Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be be, (x) with respect to Base Rate Loans (other than Swingline Loans), in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans, in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan, Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing with respect to Base Rate Loans (other than Swingline Loans) and LIBOR Rate Loans received after 12:00 noon shall 11:00 a.m. or a Notice of Borrowing with respect to Swingline Loans received after 1:00 p.m. shall, in each case, be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (DynCorp International LLC)

Requests for Borrowing. The Administrative Borrower Borrowers shall give the Administrative ---------------------- Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit B --------- (a "Notice of Borrowing") not later than 12:00 noon 11:00 a.m. (Charlotte time) (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be in an amount equal to the maximum amount of the Revolving Credit Commitment then available to the Borrowers, or if less, (x) with respect to Base Rate Loans (other than Swingline Loans), in an aggregate principal amount of $3,000,000 500,000 or a whole multiple of $1,000,000 250,000 in excess thereof, (y) with respect to LIBOR Rate Loans, Loans in an aggregate principal amount of $3,000,000 2,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof and (z) with respect to Swingline Loans, Loans in an aggregate principal amount of $1,000,000 100,000 or a whole multiple of $1,000,000 any amount in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan, (D) in the case of a Revolving Credit Loan, whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 noon 11:00 a.m. (Charlotte time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each such Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Choice One Communications Inc)

Requests for Borrowing. The Administrative Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit B (a “Notice of Borrowing”) not later than 12:00 noon 11:00 a.m. (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be be, (x) with respect to Base Rate Loans (other than Swingline Loans), ) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans, Loans in an aggregate principal amount of $3,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, Loans in an aggregate principal amount of $1,000,000 500,000 or a whole multiple of $1,000,000 100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan, Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, Loans and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 12:00 noon 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing.. (b)

Appears in 1 contract

Samples: Credit Agreement (Ubiquiti Inc.)

Requests for Borrowing. The Administrative Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit B (a “Notice of Borrowing”) not later than 12:00 noon 11:00 a.m. (i) on the same Business Day as each requested date of any Borrowing of Base Rate Loan and Loans or Swingline Loans and, (ii) at least five (5) U.S. Government Securities Business Days before each Swingline Loan Borrowing of Daily Simple SOFR Loans and (iiiii) at least three (3) U.S. Government Securities Business Days before each the requested date of any Borrowing of LIBOR Rate LoanRateTerm SOFR Loans, of its intention to borrow, specifying (A) the date of such borrowingBorrowing, which shall be a Business Day, (B) the amount of such borrowingBorrowing, which shall be be, (x) with respect to a Borrowing of Base Rate Loans (other than Swingline Loans), in an aggregate principal amount of $3,000,000 500,000 or a whole multiple of $1,000,000 100,000 in excess thereof, (y) with respect to a Borrowing of LIBOR Rate Loans, in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, RateSOFR Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans in an aggregate principal amount of $25,000 or a whole multiple of $10,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case Type of a Revolving Credit Loan, whether the Loans are to be LIBOR Rate borrowed (provided that all Swingline Loans or shall be Base Rate Loans), and (E) in the case of a Borrowing of LIBOR Rate LoanRateTerm SOFR Loans, the duration of the Interest Period applicable thereto. If the Borrower requests a Borrowing of a Term SOFR Loan in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 12:00 noon 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.Day or U.S.

Appears in 1 contract

Samples: Credit Agreement (MGP Ingredients Inc)

Requests for Borrowing. The Administrative Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit B (a “Notice of Borrowing”) not later than 12:00 noon (i) 11:00 a.m. on the same Business Day as each Base Rate Loan and Loan, (ii) 11:00 a.m. on the same Business Day as each Swingline Loan and (iiiii) 11:00 a.m. at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be be, (x) with respect to Base Rate Loans (other than Swingline Loans), ) in an aggregate principal amount of $3,000,000 100,000 or a whole multiple of $1,000,000 100,000 in excess thereof, (y) with respect to LIBOR Rate Loans, in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $1,000,000 100,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan, Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 12:00 noon 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Patrick Industries Inc)

Requests for Borrowing. The Administrative applicable Borrower or Borrowers shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit B (a "Notice of Borrowing") (i) not later than 12:00 noon 11:00 a.m. (iCharlotte time) (A) on or prior to the same Business Day as for each Swingline Loan, (B) at least one Business Day before each Base Rate Loan and denominated in Dollars, (C) at least three (3) Business Days before each Swingline Base Rate Loan denominated in an Alternative Currency and (iiD) at least three (3) Business Days before each LIBOR Rate Loan, Loan denominated in Dollars and (ii) not later than 9:00 a.m. (London time) at least three (3) Business Days before each LIBOR Rate Loan to be denominated in an Alternative Currency of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan, (C) if such Loan is to be a Revolving Credit Loan, whether such Loan shall be denominated in Dollars or an Alternative Currency, (D) the amount of such borrowing, which shall be (x) with respect to Base Rate Loans (other than Swingline Loans), in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans, Loans denominated in Dollars in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof (and (z) with respect to Swingline LoansLIBOR Rate Loans denominated in an Alternative Currency, the Dollar Amount in each case thereof), with respect to Base Rate Loans in an aggregate principal amount of $1,000,000 1,500,000 or a whole multiple of $1,000,000 500,000 in excess thereof, (C) whether such Loan is and with respect to be Swingline Loans in an aggregate principal amount of $100,000 or a Revolving Credit Loan or Swingline Loanwhole multiple thereof, (DE) if denominated in the case of a Revolving Credit LoanDollars, whether the Revolving Credit Loans are to be LIBOR Rate Loans or Base Rate Loans, Loans and (EF) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing Notices received after 12:00 noon 11:00 a.m. (London time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify (and in any event provide same day notice to) the Lenders of each Notice of BorrowingBorrowing with respect to a Revolving Credit Loan.

Appears in 1 contract

Samples: Credit Agreement (Acc Corp)

Requests for Borrowing. The Administrative Borrower shall give the Administrative Agent irrevocable prior written notice (which notice shall be irrevocable unless the Borrower specifies in the Notice of Borrowing that such requested borrowing is contingent on the consummation of an anticipated transaction, in which case the Borrower shall, as promptly as practicable, notify the Administrative Agent if such transaction will not occur as scheduled) of its intention to borrow substantially in the form attached hereto as Exhibit B A-1 (a “Notice of Borrowing”) not later than 12:00 noon (i) 2:00 p.m. on the same Business Day as each Base Rate Loan and each Swingline Loan and ABR Loan, (ii) 2:00 p.m. on the same Business Day as each Swingline Loan, (iii) 12:00 p.m. at least three (3) Business Days before each LIBOR Rate LoanEurodollar Loan and, of its intention (iv) 12:00 p.m. at least (3) RFR Business Days before each RFR Loan denominated in Dollars, and (v) subject to borrowSection 1.05, 12:00 p.m. at least four (4) Business Days before each Eurocurrency Loan or RFR Loan denominated in Sterling, is to be made, specifying (A) the date of such borrowing, which shall be a Business Day, (B) with respect to any Loan other than any Swingline Loan, whether the Loan shall be denominated in Dollars or a Permitted Alternative Currency, (C) if such Loan is denominated in Dollars, whether such Loan shall be a Floating Rate Loan or an ABR Loan, (D) the amount of such borrowing, which shall be in an amount equal to the amount of the Commitment or the Alternative Currency Commitment, as applicable, then available to the Borrower, or if less, (x1) with respect to Base Rate ABR Loans (other than and Swingline Loans), in an aggregate principal amount of $3,000,000 100,000 or a whole multiple of $1,000,000 100,000 in excess thereof, and (y2) with respect to LIBOR Rate Eurodollar Loans and, Eurocurrency Loans and RFR Loans, in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof and (zor the Alternative Currency Amount thereof, as applicable) with respect to Swingline Loans, in an aggregate principal amount of $1,000,000 or a whole multiple of $1,000,000 in excess thereof, (CE) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan, (DF) in the case of a Revolving Credit Eurodollar Loan, whether the Loans are to be LIBOR Rate Loans an RFR Term Loan or Base Rate Loans, and (E) in the case of a LIBOR Rate Eurocurrency Loan, the duration of the Interest Period applicable thereto, and (G) with respect to any Loan other than any Swingline Loan, whether the proceeds of such Loan are to be disbursed to the Borrower’s Account or the account of the Swingline Lender in connection with the repayment of a Swingline Loan. A Notice of Borrowing received after 12:00 noon the applicable deadline set forth above shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing and shall provide any Notice of Borrowing with respect to a Swingline Loan to the Swingline Lender by 2:00 p.m. on the same Business Day as receipt of such Notice of Borrowing, which notice may be provided via email. For the avoidance of doubt, the Borrower shall promptly reimburse the Lenders for any amounts required to be paid under Section 2.18 as a result of the revocation of any Notice of Borrowing.

Appears in 1 contract

Samples: Senior Unsecured Credit Agreement (Choice Hotels International Inc /De)

Requests for Borrowing. The Administrative Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit B (a Notice of Borrowing”) Borrowing for the Initial Term Loans or any Series of Incremental Term Loans not later than 12:00 noon 1:00 p.m. (New York time) (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business DayDay (and, in the case of the Initial Term Loans, the Closing Date), (B) the amount of such borrowing, which shall be be, (x) with respect to Base Rate Loans (other than Swingline Loans), in an aggregate minimum principal amount of One Million Dollars ($3,000,000 or a whole multiple of $1,000,000 in excess thereof, 1,000,000) and (y) with respect to LIBOR Rate Loans, in an aggregate minimum principal amount of Two Million Five Hundred Thousand Dollars ($3,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, in an aggregate principal amount of $1,000,000 or a whole multiple of $1,000,000 in excess thereof2,500,000), (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan, whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, Loans and (ED) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 noon 1:00 p.m. (New York time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing. Notwithstanding anything to the contrary, however, if the Borrower fails to deliver a Notice of Borrowing for the Initial Term Loans on the day required pursuant to this Section 4.2(a), the Borrower shall be deemed to have: (1) requested Initial Term Loans in an aggregate principal amount equal to the aggregate Initial Term Loan Commitments and (2) elected that the Initial Term Loans are to be Base Rate Loans.

Appears in 1 contract

Samples: Credit Agreement (Geo Group Inc)

Requests for Borrowing. The Administrative Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit B (a “Notice of Borrowing”) not later than 12:00 noon (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be be, (x) with respect to Base Rate Loans (other than Swingline Loans), ) in an aggregate principal amount of $3,000,000 2,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans, Loans in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, Loans in an aggregate principal amount whole multiples of $1,000,000 or a whole multiple of $1,000,000 in excess thereof100,000, (C) whether such Loan is Loans are to be a Revolving Credit Loan Loans or Swingline LoanLoans, (D) in the case of a Revolving Credit Loan, Loans whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate LoanLoans, the duration of the Interest Period applicable theretothereto (provided that any Revolving Credit Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date shall be made as Base Rate Loans unless the Borrower has delivered to the Administrative Agent a funding indemnity letter in form and substance reasonably satisfactory to the Administrative Agent not less than three (3) Business Days prior to the date of such Revolving Credit Loans). A Notice of Borrowing received after 12:00 noon shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Corrections Corp of America)

Requests for Borrowing. The Administrative Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit B (a “Notice of Borrowing”) not later than 12:00 noon 10:00 a.m. (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be be, (xy) with respect to Base Rate Loans (other than Swingline Loans), in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans, in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $1,000,000 in excess thereof, (C) whether such Loan is to be a the Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan, whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (ED) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 12:00 noon 10:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Cirrus Logic, Inc.)

Requests for Borrowing. The Administrative Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit B (a “Notice of Borrowing”) not later than 12:00 noon p.m. (3:00 p.m. in the case of a Swingline Loan) (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be be, (x) with respect to Base Rate Loans (other than Swingline Loans), ) in an aggregate principal amount of $3,000,000 1,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans, Loans in an aggregate principal amount of $3,000,000 1,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, Loans in an aggregate principal amount of $1,000,000 100,000 or a whole multiple of $1,000,000 100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan, Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto, (F) in the case of a Swingline Loan, the Swingline Maturity Date and (G) during the Availability Period, the Availability then in effect (without giving effect to the proposed borrowing). If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 12:00 noon p.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Marlin Midstream Partners, LP)

Requests for Borrowing. The Administrative Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit B (a “Notice of Borrowing”) not later than 12:00 noon 1:00 p.m. (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be be, (x) with respect to Base Rate Loans (other than Swingline Loans), in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans, in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, in an aggregate principal amount of $1,000,000 or a whole multiple of $1,000,000 100,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $2,000,000 or a whole multiple of $250,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $100,000 or a whole multiple of $50,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan, Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto; provided that if the Borrower wishes to request LIBOR Rate Loans having an Interest Period of twelve months in duration, such notice must be received by the Administrative Agent not later than 1:00 p.m. four (4) Business Days prior to the requested date of such borrowing, whereupon the Administrative Agent shall give prompt notice to the Revolving Credit Lenders of such request and determine whether the requested Interest Period is acceptable to all of them. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 12:00 noon 1:00 p.m. shall be deemed d eemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Fidelity National Financial, Inc.)

Requests for Borrowing. The Administrative Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit B (a "Notice of Revolving Credit Borrowing") not later than 12:00 noon 11:00 a.m. (Charlotte time) (i) on the same at least one (1) Business Day as before each Revolving Credit Loan which is initially to be a Base Rate Loan and each Swingline Loan is to be made and (ii) at least three (3) Business Days before each Revolving Credit Loan which is initially to be a LIBOR Rate LoanLoan is to be made, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be in an amount equal to the amount of the Aggregate Revolving Credit Commitment then available to the Borrower, or if less, (x) with respect to Base Rate Loans (other than Swingline Loans), in an aggregate principal amount of $3,000,000 1,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof, thereof and (y) with respect to LIBOR Rate Loans, Loans in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, in an aggregate principal amount of $1,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan, whether the Loans are initially to be LIBOR Rate Loans or Base Rate Loans, and (ED) in the case of a LIBOR Rate Loan, the duration of the initial Interest Period applicable thereto. A Notice of Borrowing Notices received after 12:00 noon 11:00 a.m. (Charlotte time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of BorrowingRevolving Credit Borrowing received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Richfood Holdings Inc)

Requests for Borrowing. The Administrative applicable Borrower or Borrowers shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit B (a "Notice of Borrowing") (i) not later than 12:00 noon 11:00 a.m. (iCharlotte time) (A) on or prior to the same Business Day as for each Swingline Loan, (B) at least one Business Day before each Base Rate Loan and denominated in Dollars, (C) at least three (3) Business Days before each Swingline Base Rate Loan denominated in an Alternative Currency and (iiD) at least three (3) Business Days before each LIBOR Rate Loan, Loan denominated in Dollars and (ii) not later than 9:00 a.m. (Charlotte time) at least three (3) Business Days before each LIBOR Rate Loan to be denominated in an Alternative Currency of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan, (C) if such Loan is to be a Revolving Credit Loan, whether such Loan shall be denominated in Dollars or an Alternative Currency, (D) the amount of such borrowing, which shall be (x) with respect to Base Rate Loans (other than Swingline Loans), in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans, Loans denominated in Dollars in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof (and (z) with respect to Swingline LoansLIBOR Rate Loans denominated in an Alternative Currency, the Dollar Amount in each case thereof), with respect to Base Rate Loans in an aggregate principal amount of $1,000,000 1,500,000 or a whole multiple of $1,000,000 500,000 in excess thereof, (C) whether such Loan is and with respect to be Swingline Loans in an aggregate principal amount of $100,000 or a Revolving Credit Loan or Swingline Loanwhole multiple thereof, (DE) if denominated in the case of a Revolving Credit LoanDollars, whether the Revolving Credit Loans are to be LIBOR Rate Loans or Base Rate Loans, Loans and (EF) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing Notices received after 12:00 noon 11:00 a.m. (Charlotte time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify (and in any event provide same day notice to) the Lenders of each Notice of BorrowingBorrowing with respect to a Revolving Credit Loan.

Appears in 1 contract

Samples: Credit Agreement (Acc Corp)

Requests for Borrowing. The Administrative applicable Borrower or Borrowers shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit B (a "Notice of Borrowing") not later than 12:00 noon (Charlotte time) (i) on the same Business Day as each Swingline Loan, (ii) at least one Business Day before each Base Rate Loan and each Swingline Loan and Loan, (iiiii) at least three (3) Business Days before each LIBOR Rate LoanLoan denominated in Dollars and (iv) at least four (4) Business Days before each LIBOR Rate Loan denominated in an Alternative Currency, of its or their intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be (x) with respect to Base Rate Loans (other than Swingline Loans), in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans, in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, in an aggregate principal amount of $1,000,000 or a whole multiple of $1,000,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan, Finnish Mark Loan or a Swingline Loxx, (C) if such Loan is a Revolving Credit Loan, whether such Loan shall be denominated in Dollars or in an Alternative Currency, (D) if denominated in the case of a Revolving Credit LoanDollars, whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, (E) the amount of such borrowing, which shall be (u) with respect to LIBOR Rate Loans denominated in Dollars in an aggregate principal amount of $10,000,000 or a whole multiple of $1,000,000 in excess thereof, (v) with respect to LIBOR Rate Loans denominated in an Alternative Currency (other than Finnish Marks) in an aggregate principal Alternative Currency Amount of $10,000,000 or a whole multiple of $1,000,000 in excess thereof, (x) with respect to LIBOR Rate Loans denominated in Finnish Marks in an aggregate principal Alternative Currency Amount of $2,000,000 or a whole multiple of $100,000 in excess thereof, (y) with respect to Base Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, and (Ez) with respect to Swingline Loans in an aggregate principal amount of $100,000 or a whole multiple thereof and (F) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing Notices received after 12:00 noon (Charlotte time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify (i) the Lenders of each Notice of BorrowingBorrowing with respect to a Revolving Credit Loan and (ii) the Finnish Mark Lenders of each Notixx xf Borrowing with respect to a Finnish Mark Loan.

Appears in 1 contract

Samples: Credit Agreement (Breed Technologies Inc)

Requests for Borrowing. The Administrative Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit B (a “Notice of Borrowing”) not later than 12:00 noon p.m. (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) U.S. Government Securities Business Days before each LIBOR Rate SOFR Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be be, (x) with respect to Base Rate Loans (other than Swingline Loans), in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans, in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, in an aggregate principal amount of $1,000,000 or a whole multiple of $1,000,000 500,000 in excess thereofthereof and (y) with respect to Swingline Loans in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof (or, in each case, the remaining amount of the Commitment or the Swingline Commitment, as applicable), (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan, Loan whether the Loans are such Revolving Credit Loan is to be LIBOR Rate Loans a SOFR Loan or a Base Rate LoansLoan, and (E) in the case of a LIBOR Rate SOFR Loan, the duration of the Interest Period applicable thereto. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a borrowing of SOFR Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 12:00 noon p.m. shall be deemed received on the next Business Day or U.S. Government Securities Business Day, as applicable. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.. (b)

Appears in 1 contract

Samples: Credit Agreement (Coca-Cola Consolidated, Inc.)

Requests for Borrowing. The Administrative Borrower Company, on behalf of the Borrowers, shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit B B-1 (a "Notice of Revolving Credit/Swingline Borrowing") not later than 12:00 noon 11:00 a.m. (Charlotte time) (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be in an amount equal to the amount of the Revolving Credit Commitment then available to the Borrowers, or if less, (x) with respect to Base Rate Loans (other than Swingline Loans)) in an aggregate principal amount of $500,000 or a whole multiple of $50,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans, in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof and (z) with respect to Swingline Loans, Loans in an aggregate principal amount of $1,000,000 100,000 or a whole multiple of $1,000,000 50,000 in excess thereof (provided that Swingline Loans being made pursuant to the SweepPlus Program may be in a minimum amount of $1,000 or any increment thereof), (C) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan, (D) in the case of a Revolving Credit Loan, whether the Loans are such Loan is to be a LIBOR Rate Loans Loan or a Base Rate Loans, Loan and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing Notices received after 12:00 noon 11:00 a.m. (Charlotte time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Revolving Credit/Swingline Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Global Imaging Systems Inc)

Requests for Borrowing. The Administrative Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit B (a "Notice of Borrowing”) "), not later than 12:00 noon 11:00 a.m. (Charlotte time) (i) on the same at least one (1) Business Day before the Revolving Credit Loans are to be advanced in the event that the Revolving Credit Loans will initially be made as each Base Rate Loan and each Swingline Loan Loans, (ii) at least two (2) Business Days before the Revolving Credit Loans are to be advanced in the event that the Revolving Credit Loans will initially be made as CD Rate Loans, and (iiiii) at least three (3) Business Days before each the Revolving Credit Loans are to be advanced in the event that the Revolving Credit Loans will initially be made as LIBOR Rate LoanLoans, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be (x) with respect to Base Rate Loans (other than Swingline Loans), in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans, in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, and (y) with respect to Fixed Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof, (C) whether such Loan is the Revolving Credit Loans are initially to be a Revolving Credit Loan Base Rate Loans, CD Rate Loans or Swingline LoanLIBOR Rate Loans, and (D) in the case of a Revolving Credit Loan, whether the Loans are to be LIBOR CD Rate Loans or Base LIBOR Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the initial Interest Period applicable thereto. A Notice of Borrowing Notices received after 12:00 noon 11:00 a.m. (Charlotte time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of its receipt of each Notice of Borrowing. The Borrower acknowledges and agrees that no Revolving Credit Loans shall be permitted to bear interest based on the CD Rate or the LIBOR Rate until three (3) Business Days after the Closing Date.

Appears in 1 contract

Samples: Credit Agreement (Markel Corp)

Requests for Borrowing. The Administrative Borrower GTS, on behalf of the Borrowers, shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit B C-1 (a "Notice of Revolving Credit/Swingline Borrowing") not later than 12:00 noon 11:00 a.m. (Charlotte time) (i) on the same Business Day as each Swingline Loan, (ii) at least one (1) Business Day before each Base Rate Loan and each Swingline Loan and (iiiii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be in an amount equal to the amount of the Aggregate Commitment then available to the Borrowers, or if less, (x) with respect to Base Rate Loans (other than Swingline Loans), in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans, in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, in an aggregate principal amount of $1,000,000 or a whole multiple of $1,000,000 250,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $2,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principle amount of $500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan, Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing Notices received after 12:00 noon 11:00 a.m. (Charlotte time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (GTS Duratek Inc)

Requests for Borrowing. The Administrative Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit B (a “Notice of Borrowing”) not later than 12:00 noon 11:00 a.m. (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be be, (x) with respect to Base Rate Loans (other than Swingline Loans), in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans, in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan, Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 12:00 noon 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Afc Enterprises Inc)

Requests for Borrowing. The Administrative Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit B (a “Notice of Borrowing”) not later than 12:00 noon 11:00 a.m. (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) U.S. Government Securities Business Days before each LIBOR SOFR Rate LoanLoan (provided that the Administrative Borrower may request, no later than two (2) Business Days prior to the Closing Date, that the Lenders make Revolving Credit Loans that are SOFR Rate Loans on the Closing Date if the Administrative Borrower, on behalf of the Borrowers, has delivered to the Administrative Agent a letter in form and substance reasonably satisfactory to the Administrative Agent indemnifying the Lenders in the manner set forth in Section 5.9 of this Agreement), of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be be, (x1) with respect to Base Rate Loans (other than Swingline Loans), in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans, in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, in an aggregate principal amount of $1,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof and (2) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan, Loan whether the Loans are to be LIBOR SOFR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR SOFR Rate Loan, the duration of the Interest Period applicable thereto. If the Administrative Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Administrative Borrower requests a Borrowing of SOFR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 12:00 noon 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing. All requests for Loans may be delivered through Agent’s electronic platform or portal. All such Loan requests which are not made on-line via Agent’s electronic platform or portal shall be subject to (and unless Agent elects otherwise in the exercise of its sole discretion, ​ ​ such Loans shall not be made until the completion of) Agent’s authentication process (with results reasonably satisfactory to Agent) prior to the funding of any such Loan.

Appears in 1 contract

Samples: Collateral Agreement (Boot Barn Holdings, Inc.)

Requests for Borrowing. The Administrative Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit B (a “Notice of Borrowing”) not later than 12:00 noon 11:00 a.m. (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be be, (x) with respect to Base Rate Loans (other than Swingline Loans), in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans, in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, in an aggregate principal amount of $1,000,000 or a whole multiple of $100,000 in excess thereof, and (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan, whether the Loans are to be LIBOR Rate Loans Loan or Base Rate Loans, Loan and (ED) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 12:00 noon 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (OMNICELL, Inc)

Requests for Borrowing. The Administrative Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit B (a Notice of Borrowing”) Borrowing for the Initial Term Loans or any Series of Incremental Term Loans not later than 12:00 noon 1:00 p.m. (New York time) (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business DayDay (and, in the case of the Initial Term Loans, the Closing Date), (B) the amount of such borrowing, which shall be be, (x) with respect to Base Rate Loans (other than Swingline Loans), in an aggregate minimum principal amount of One Million Dollars ($3,000,000 or a whole multiple of $1,000,000 in excess thereof, 1,000,000) and (y) with respect to LIBOR Rate Loans, Loans in an aggregate minimum principal amount of Two Million Five Hundred Thousand Dollars ($3,000,000 or a whole multiple of $1,000,000 in excess thereof and (z2,500,000) with respect to Swingline Loans, in an aggregate principal amount of $1,000,000 or a whole multiple of $1,000,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan, whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (ED) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto, and (E) in the case of the Initial Term Loans, whether it has elected to borrow such Term Loans prior to the Acquisition Date (a “Pre-Acquisition Funding Election”). A Notice of Borrowing received after 12:00 noon 1:00 p.m. (New York time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing. Notwithstanding anything to the contrary, however, if the Borrower fails to deliver a Notice of Borrowing for the Initial Term Loans on the day required pursuant to this Section 4.2(a), the Borrower shall be deemed to have: (1) requested Initial Term Loans in an aggregate principal amount equal to the aggregate Initial Term Loan Commitment, (2) elected that the Initial Term Loans are to be Base Rate Loans and (3) made the Pre-Acquisition Funding Election.

Appears in 1 contract

Samples: Credit Agreement (Geo Group Inc)

Requests for Borrowing. The Administrative Borrower shall give the Administrative Agent irrevocable prior notice (1) written notice substantially in the form attached hereto of Exhibit B or (2) delivered electronically via e-mail from the official corporate email address of Borrower which includes an approval from the Chief Financial Officer, Senior Vice President - Finance & Accounting, Controller, Treasurer, Assistant Treasurer, Director of Treasury or Senior Manager - Treasury Operations of Borrower and containing substantially the same information as specified on Exhibit B (a “Notice of Borrowing”) not later than 12:00 noon 1:00 p.m. (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) U.S. Government Securities Business Days before each LIBOR Rate SOFR Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be be, (x) with respect to Base Rate Loans (other than Swingline Loans), in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans, in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, in an aggregate principal amount of $1,000,000 or a whole multiple of $100,000 in excess thereof, (y) with respect to SOFR Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $250,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $100,000 or a whole multiple of $50,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan, Loan whether the Loans are to be LIBOR Rate SOFR Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate SOFR Loan, the duration of the Interest Period applicable thereto. If Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If Borrower requests a Borrowing of SOFR Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 12:00 noon 1:00 p.m. shall be deemed received on the next Business Day or U.S. Government Securities Business Day, as applicable. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Kforce Inc)

Requests for Borrowing. The Administrative Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit B (a "Notice of Borrowing") not later than 12:00 noon 11:00 a.m. (Charlotte time) (i) on the same Business Day as each Swingline Loan, (ii) at least one Business Day before each Base Rate Loan and each Swingline Loan and Loan, (iiiii) at least three (3) Business Days before each LIBOR Rate LoanLoan denominated in Dollars and (iv) at least four (4) Business Days before each LIBOR Rate Loan denominated in an Alternative Currency, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be (x) with respect to Base Rate Loans (other than Swingline Loans), in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans, in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, in an aggregate principal amount of $1,000,000 or a whole multiple of $1,000,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan, Specified A/C Loan or a Swingline Loan, (DC) in the case of if such Loan is a Revolving Credit Loan, whether such Loan shall be denominated in Dollars or in an Alternative Currency, (D) if denominated in Dollars, whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, (E) the amount of such borrowing, which shall be (1) with respect to LIBOR Rate Loans denominated in Dollars in an aggregate principal amount of $2,500,000 or a whole multiple of $500,000 in excess thereof, (2) with respect to LIBOR Rate Loans denominated in an Alternative Currency in an aggregate principal Alternative Currency Amount equal to $5,000,000 or a whole multiple of $1,000,000 in excess thereof, (3) with respect to Base Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, and (E4) with respect to Swingline Loans in an aggregate principal amount of $1,000,000 or a whole multiple thereof and (F) in the case of a LIBOR Rate Loan, the duration of the LIBOR Interest Period applicable thereto. A Notice of Borrowing Notices received after 12:00 noon 11:00 a.m. (Charlotte time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify (i) the Lenders of each Notice of BorrowingBorrowing with respect to a Revolving Credit Loan and (ii) the applicable Specified A/C Lenders of each Notice of Borrowing with respect to a Specified A/C Loan.

Appears in 1 contract

Samples: Credit Agreement (Checkpoint Systems Inc)

Requests for Borrowing. The Administrative Borrower With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit B (a "Notice of Borrowing") not later than 12:00 noon 11:00 a.m. (Eastern time) (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be be, (x) with respect to Base Rate Loans (other than Swingline Loans), ) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans, Loans in an aggregate principal amount of $3,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, Loans (other than Swingline Loans deemed requested pursuant to the Swingline Side Letter) in an aggregate principal amount of $1,000,000 100,000 or a whole multiple of $1,000,000 100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan, Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 noon 11:00 a.m. (Eastern time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Belk Inc)

Requests for Borrowing. The Administrative Borrower AHL, on behalf of the Borrowers, shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit B (a "Notice of Borrowing") not later than 12:00 noon 11:00 a.m. (Charlotte time) (i) on the same Business Day as date of borrowing with respect to each Revolving Loan constituting a Base Rate Loan and each Swingline that is not a Foreign Currency Loan and (ii) at least three (3) Business Days before each Dollar LIBOR Rate Loan, and (iii) at least four (4) Business Days before each Foreign Currency Loan of its intention to borrow, specifying (A) the Borrower to whom loan proceeds are to be advanced, (B) the date of such borrowing, which shall be a Business Day, (BC) the amount of such borrowing, which shall be (x) shall, with respect to (I) Foreign Currency Loans (other than European Swingline Loans) and LIBOR Rate Loans, be in an aggregate principal amount of $2,000,000 or a whole multiple of $100,000 in excess thereof, (II) Base Rate Loans (other than Swingline Loans and European Swingline Loans made as Base Rate Loans), in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans, in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, be in an aggregate principal amount of $1,000,000 and or a whole multiple of $1,000,000 100,000 in excess thereof, and (III) European Swingline Loans, be in an aggregate principal amount of $500,000 and or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of if not a Revolving Credit Foreign Currency Loan, whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing Notices received after 12:00 noon 11:00 a.m. (Charlotte time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Ahl Services Inc)

Requests for Borrowing. The Administrative Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit B B-1 (a "Notice of Revolving Loan Borrowing") not later than 12:00 noon Noon (Charlotte time) (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be (x) with respect to Base Rate Loans (other than Swingline Loans), in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans, in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, in an aggregate principal amount of $1,000,000 or a whole multiple of $1,000,000 50,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $4,000,000 or a whole multiple of $100,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $50,000 or a whole multiple of $50,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan, Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Revolving Loan Borrowing received after 12:00 noon Noon (Charlotte time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Revolving Loan Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Veridian Corp)

Requests for Borrowing. The Administrative With the exception of Swingline Loans deemed requested pursuant to Section 2.2(b) hereof, the Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit B (a "Notice of Borrowing") not later than 12:00 noon 11:00 a.m. (Charlotte time) (i) on the same Business Day as each Base Rate Loan and each Swingline Loan requested under this Section 2.3(a) and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be in an amount equal to the amount of the Aggregate Commitment then available to the Borrower, or if less, (x) with respect to Base Rate Loans (other than the Swingline LoansLoans requested pursuant to this Section 2.3(a), ) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans, Loans in an aggregate principal amount of $3,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to the Swingline Loans, Loans requested pursuant to this Section 2.3(a) in an aggregate principal amount of $1,000,000 500,000 or a whole multiple of $1,000,000 100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan, (D) in the case of a Revolving Credit Loan, Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Any Notice of Borrowing received after 12:00 noon 11:00 a.m. (Charlotte time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Performance Food Group Co)

Requests for Borrowing. The Administrative Borrower shall give the Administrative Agent irrevocable prior notice (1) written notice substantially in the form attached hereto of Exhibit B or (2) delivered electronically via e-mail from the official corporate email address of Borrower which includes an approval from the Chief Financial Officer, Senior Vice President - Finance & Accounting, Controller, Treasurer, Assistant Treasurer, Director of Treasury or Senior Manager - Treasury Operations of Borrower and containing substantially the same information as specified on Exhibit B (a “Notice of Borrowing”) not later than 12:00 noon 1:00 p.m. (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be be, (x) with respect to Base Rate Loans (other than Swingline Loans), in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans, in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, in an aggregate principal amount of $1,000,000 or a whole multiple of $100,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $250,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $100,000 or a whole multiple of $50,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan, Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto; provided that if Borrower wishes to request LIBOR Rate Loans having an Interest Period of twelve months in duration, such notice must be received by the Administrative Agent not later than 1:00 p.m. four (4) Business Days prior to the requested date of such borrowing, whereupon the Administrative Agent shall give prompt notice to the Lenders of such request and determine whether the requested Interest Period is acceptable to all of them. If Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If Borrower requests a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 12:00 noon 1:00 p.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Kforce Inc)

Requests for Borrowing. The Administrative Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit B (a “Notice of Borrowing”) not later than 12:00 noon p.m. (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate LoanLoan (or, in the case of any LIBOR Rate Loans to be borrowed on the Closing Date, such shorter period of time as may be agreed to by the Administrative Agent and the Revolving Credit Lenders), of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be be, (x) with respect to Base Rate Loans (other than Swingline Loans), ) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans, Loans in an aggregate principal amount of $3,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, Loans in an aggregate principal amount of $1,000,000 500,000 or a whole multiple of $1,000,000 100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan, Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 12:00 noon p.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (RealPage, Inc.)

Requests for Borrowing. The Administrative Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit B (a “Notice of Borrowing”) not later than 12:00 noon (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be be, (x) with respect to Base Rate Loans (other than Swingline Loans), ) in an aggregate principal amount of $3,000,000 2,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans, Loans in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, Loans in an aggregate principal amount whole multiples of $1,000,000 or a whole multiple of $1,000,000 in excess thereof100,000, (C) whether such Loan is Loans are to be a Revolving Credit Loan Loans or Swingline LoanLoans, (D) in the case of a Revolving Credit Loan, Loans whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate LoanLoans, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 noon shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Corrections Corp of America)

Requests for Borrowing. The Administrative Borrower (i) Each request for borrowings hereunder shall give the Administrative Agent irrevocable prior written be made by notice substantially in the form attached hereto as Exhibit B EXHIBIT C from the Borrower to the Agent (a “the "Notice of Borrowing”) "), given not later than 12:00 noon 11:00 a.m. (iA) on the same Business Day as each on which the proposed borrowing is requested to be made for Revolving Loans that will be Base Rate Loan and each Swingline Loan Loans and (iiB) at least three (3) Business Days before each prior to the date of the requested borrowing of Revolving Loans that will be LIBOR Rate LoanLoans; PROVIDED, HOWEVER, that no LIBOR Loans shall be available to the Borrower until the third Business Day after the Closing Date. Each Notice of its intention to borrowBorrowing shall be given by either telecopy, specifying telex or cable setting forth (A1) the requested date of such borrowing, (2) the aggregate amount of such requested borrowing, (3) whether such Revolving Loans will be Base Rate Loans or LIBOR Loans, and if appropriate, the applicable Interest Period and (4) certification by the Borrower that it has complied in all respects with ARTICLE V, all of which shall be a Business Day, (B) the amount specified in such manner as is necessary to comply with all limitations on Revolving Loans outstanding hereunder. Each Notice of such borrowing, which Borrowing shall be (x) with respect to Base Rate Loans (other than Swingline Loans), irrevocable by and binding on the Borrower. Each Loan shall be in an aggregate a minimum principal amount of $3,000,000 or a whole multiple 500,000 and integral multiples of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans, in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 250,000 in excess thereof and (z) with respect to Swingline Loans, in an aggregate principal or the remaining amount of $1,000,000 or a whole multiple of $1,000,000 the Revolving Committed Amount, if less); PROVIDED that no more than 5 LIBOR Loans shall be outstanding hereunder at any one time. Revolving Loans may be repaid and reborrowed in excess thereof, accordance with the provisions hereof. The Agent shall give to each Lender prompt notice (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) but in no event later than 1:30 P.M. on the case of a Revolving Credit Loan, whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration date of the Interest Period applicable thereto. A Notice Agent's receipt of Borrowing received after 12:00 noon shall be deemed received on notice from the next Business Day. The Administrative Agent shall promptly notify the Lenders Borrower) of each Notice of Borrowing by telecopy, telex or cable (other than any Notice of Borrowing which will be funded by the Agent in accordance with subsection (d)(ii) below). No later than 3:00 P.M. on the date on which a borrowing is requested to be made pursuant to the applicable Notice of Borrowing, each Lender will make available to the Agent at the address of the Agent set forth in Section 13.1, in immediately available funds, its Revolving Commitment Percentage of such borrowing requested to be made. Unless the Agent shall have been notified by any Lender prior to the date of borrowing that such Lender does not intend to make available to the Agent its portion of the borrowing to be made on such date, the Agent may assume that such Lender will make such amount available to the Agent on such date of borrowing and the Agent may, in reliance upon such assumption, make available the amount of the borrowing to be provided by such Lender. Upon fulfillment of the conditions set forth in ARTICLE V for such borrowing, the Agent will make such funds available to the Borrower at the account specified by the Borrower in such Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Sterile Recoveries Inc)

Requests for Borrowing. The Administrative Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit B A-1 (a “Notice of Borrowing”) not later than 12:00 noon 11:00 a.m. (i) on the same Business Day as each Base Rate Loan and each Swingline Loan Daily Simple SOFR Loan, and (ii) at least three (3) U.S. Government Securities Business Days before each LIBOR Rate Term SOFR Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be be, (x) with respect to Base Rate Loans (other than Swingline Loans), in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans, in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, and (y) with respect to SOFR Loans in an aggregate principal amount of $2,000,000 or a whole multiple of $1,000,000 in excess thereof, (C) whether such Revolving Credit Loan is to be a Revolving Credit Daily Simple SOFR Loan, a Term SOFR Loan or Swingline a Base Rate Loan, and (D) in the case of a Revolving Credit Loan, whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Term SOFR Loan, the duration of the Interest Period applicable thereto. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a borrowing of a Term SOFR Loan in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 12:00 noon 11:00 a.m. shall be deemed received on the next Business Day or U.S. Government Securities Business Day, as applicable. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing.

Appears in 1 contract

Samples: Pledge Agreement (Ryman Hospitality Properties, Inc.)

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