Common use of Requests for Borrowing Clause in Contracts

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice in the form attached hereto as Exhibit B (a “Notice of Borrowing”) not later than 11:00 a.m. (Charlotte time) (i) on the same Business Day 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 each LIBOR Rate Loan, in a principal amount of $2,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to each Base Rate Loan, in a principal amount of $1,000,000 or a whole multiple of $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 Working Capital Loan, Swingline Loan or Permitted Acquisition Loan, (D) in the case of a Working Capital Loan or Permitted Acquisition Loan, whether such Loan is to be a LIBOR Rate Loan or Base Rate Loan, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 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

Sources: Credit Agreement (Inergy L P), Credit Agreement (Inergy L P)

Requests for Borrowing. 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 11:00 a.m. 2:00 p.m. (Charlotte time) (i) on the same Business Day for 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 each LIBOR Base Rate Loan, Loans (other than Swingline Loans) in a an aggregate principal amount of $2,000,000 1,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to each Base LIBOR Rate Loan, Loans in a an aggregate principal amount of $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 $100,000 or a whole multiple of $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 Working Capital Loan, Swingline Revolving Credit Loan or Permitted Acquisition Swingline Loan, (D) in the case of a Working Capital Revolving Credit Loan or Permitted Acquisition Loan, whether such Loan is the Loans are to be a LIBOR Rate Loan Loans or Base Rate LoanLoans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. 2:00 p.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

Sources: Credit Agreement (Jack in the Box Inc /New/), Credit Agreement (Jack in the Box Inc /New/)

Requests for Borrowing. The 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 11:00 a.m. (Charlotte time) 12:00 p.m. (i) on the same Business Day for 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 each LIBOR Base Rate Loan, Loans (other than Swingline Loans) in a an aggregate principal amount of $2,000,000 3,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof, (y) with respect to each Base LIBOR Rate Loan, Loans in a an aggregate principal amount of $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 $500,000 or a whole multiple of $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 Working Capital Loan, Swingline Revolving Credit Loan or Permitted Acquisition Swingline Loan, (D) in the case of a Working Capital Revolving Credit Loan or Permitted Acquisition Loan, whether such Loan is the Loans are to be a LIBOR Rate Loan Loans or Base Rate LoanLoans, 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 11:00 a.m. (Charlotte time) 12:00 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

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

Requests for Borrowing. The 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 11:00 a.m. (Charlotte time) a.m. (i) on the same Business Day for 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 each LIBOR Base Rate LoanLoans (other than Swingline Loans), in a an aggregate principal amount of $2,000,000 1,000,000 or a whole multiple of $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 each Base LIBOR Rate LoanLoans, in a an aggregate principal amount of $1,000,000 or a whole multiple of $100,000 500,000 in excess thereof, thereof and (z3) with respect to each Swingline LoanLoans, in a an aggregate principal amount of $250,000 500,000 or a whole multiple of $50,000 100,000 in excess thereof, (C) whether such Loan is to be a Working Capital Loan, Swingline Revolving Credit Loan or Permitted Acquisition Swingline Loan, (D) in the case of a Working Capital Loan or Permitted Acquisition Revolving Credit Loan, whether such Loan is to be a LIBOR Rate Loan or a Base Rate Loan, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. (Charlotte time) 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

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

Requests for Borrowing. The 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 11:00 a.m. (Charlotte time) 12:00 p.m. (i) on the same Business Day for 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 each LIBOR Base Rate Loan, Loans (other than Swingline Loans) in a an aggregate principal amount of $2,000,000 3,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof, (y) with respect to each Base LIBOR Rate Loan, Loans in a an aggregate principal amount of $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 $500,000 or a whole multiple of $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 Working Capital Loan, Swingline Revolving Credit Loan or Permitted Acquisition Swingline Loan, (D) in the case of a Working Capital Revolving Credit Loan or Permitted Acquisition Loan, whether such Loan is the Loans are to be a LIBOR Rate Loan Loans or Base Rate LoanLoans, 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 11:00 a.m. (Charlotte time) 12:00 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

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

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice in the form attached hereto as Exhibit EXHIBIT B (a “Notice of Borrowing”"NOTICE OF BORROWING") not later than 11:00 a.m. (Charlotte time) (i) on the same Business Day for 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 each LIBOR Rate LoanLoans and Base Rate Loans, in a an aggregate principal amount of $2,000,000 3,000,000 or a whole multiple of $500,000 in excess thereof, and (y) with respect to each Base Rate Loan, Swingline Loans in a an aggregate principal amount of $1,000,000 500,000 or a whole multiple of $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 Working Capital Revolving Credit Loan, Swingline Loan, Liquidity Loan or Permitted Acquisition Loan, (D) in the case of a Working Capital Revolving Credit Loan, Liquidity Loan or Permitted Acquisition Loan, Loan whether such Loan is the Loans are to be a LIBOR Rate Loan Loans or Base Rate LoanLoans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 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

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

Requests for Borrowing. The 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 11:00 a.m. (Charlotte time) noon (i) on the same Business Day for 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 each LIBOR Base Rate LoanLoans (other than Swingline Loans), must be in a an aggregate principal amount of $2,000,000 500,000 or a whole multiple of $500,000 100,000 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 each Base LIBOR Rate LoanLoans, must be in a an aggregate principal amount of $1,000,000 500,000 or a whole multiple of $100,000 in excess thereof, and (z) with respect to each Swingline LoanLoans, may be in a principal amount of $250,000 or a whole multiple of $50,000 in excess thereofany amount, (C) whether such Loan is to be a Working Capital Loan, Swingline Revolving Credit Loan or Permitted Acquisition Swingline Loan, (D) in the case of a Working Capital Revolving Credit Loan or Permitted Acquisition Loan, whether such Loan is the Loans are to be a LIBOR Rate Loan Loans or Base Rate LoanLoans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. (Charlotte time) 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

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

Requests for Borrowing. The 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 11:00 a.m. (Charlotte time) a.m. (i) on the same Business Day for 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 each LIBOR Base Rate Loan, Loans (other than Swingline Loans) in a an aggregate principal amount of $2,000,000 3,000,000 or a whole multiple of $500,000 1,000,000 in excess thereofthereof (or, if less, the remaining available amount of the Revolving Credit Commitment), (y) with respect to each Base LIBOR Rate Loan, Loans in a an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof (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 thereofthereof (or, and (z) with respect to each Swingline Loanif less, in a principal the remaining available amount of $250,000 or a whole multiple of $50,000 in excess thereofthe Swingline Commitment), (C) whether such Loan is to be a Working Capital Loan, Swingline Revolving Credit Loan or Permitted Acquisition Swingline Loan, (D) in the case of a Working Capital Revolving Credit Loan or Permitted Acquisition Loan, whether such Loan is to be a LIBOR Rate Loan or a Base Rate Loan, 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 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

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

Requests for Borrowing. The 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 11:00 a.m. (Charlotte Eastern time) (i) on the same Business Day for 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 each LIBOR Base Rate Loan, Loans (other than Swingline Loans) in a an aggregate principal amount of $2,000,000 1,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to each Base LIBOR Rate Loan, Loans in a an aggregate principal amount of $1,000,000 or a whole multiple of $100,000 500,000 in excess thereof, thereof and (z) with respect to each Swingline Loan, Loans (other than Swingline Loans deemed requested pursuant to the Swingline Side Letter) in a an aggregate principal amount of $250,000 100,000 or a whole multiple of $50,000 100,000 in excess thereof, (C) whether such Loan is to be a Working Capital Loan, Swingline Revolving Credit Loan or Permitted Acquisition Swingline Loan, (D) in the case of a Working Capital Revolving Credit Loan or Permitted Acquisition Loan, whether such Loan is the Loans are to be a LIBOR Rate Loan Loans or Base Rate LoanLoans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. (Charlotte 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

Sources: 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 11:00 a.m. (Charlotte time) (i) on the same Business Day for 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 each LIBOR Base Rate Loan, Loans (other than Swingline Loans) in a an aggregate principal amount of $2,000,000 50,000 or a whole multiple of $500,000 10,000 in excess thereof, (y) with respect to each Base LIBOR Rate Loan, Loans in a an aggregate principal amount of $1,000,000 or a whole multiple of $100,000 1,000,000 in excess thereof, thereof and (z) with respect to each Swingline Loan, Loans in a an aggregate principal amount of $250,000 50,000 or a whole multiple of $50,000 10,000 in excess thereof, (C) whether such Loan is to be a Working Capital Loan, Swingline Revolving Credit Loan or Permitted Acquisition Swingline Loan, (D) in the case of a Working Capital Revolving Credit Loan or Permitted Acquisition Loan, whether such Loan is the Loans are to be a LIBOR Rate Loan Loans or Base Rate LoanLoans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 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

Sources: Credit Agreement (Broadview Networks Holdings Inc), Credit Agreement (Broadview Networks Holdings Inc)

Requests for Borrowing. The 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 11:00 a.m. (Charlotte time) a.m. (i) on the same Business Day for 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 each LIBOR Base Rate Loan, Loans (other than Swingline Loans) in a an aggregate principal amount of $2,000,000 3,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof, (y) with respect to each Base LIBOR Rate Loan, Loans in a an aggregate principal amount of $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 $500,000 or a whole multiple of $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 Working Capital Loan, Swingline Revolving Credit Loan or Permitted Acquisition Swingline Loan, (D) in the case of a Working Capital Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Permitted Acquisition LoanBase Rate Loans, (E) whether such Loan is will be made to be a LIBOR Rate Loan the Parent Borrower or Base Rate Loan, 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 11:00 a.m. (Charlotte time) 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

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

Requests for Borrowing. The 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 in the form attached hereto as Exhibit B (a “Notice of Borrowing”) such request by telephone not later than 11:00 a.m. (Charlotte time) or, in respect of a Swingline Loan, 2:00 p.m.) (i) on the same Business Day for 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 each LIBOR Base Rate Loan, Loans (other than Swingline Loans) in a an aggregate principal amount of $2,000,000 3,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof, (y) with respect to each Base LIBOR Rate Loan, Loans in a an aggregate principal amount of $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 $500,000 or a whole multiple of $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 Working Capital Loan, Swingline Revolving Credit Loan or Permitted Acquisition Swingline Loan, (D) in the case of a Working Capital Loan or Permitted Acquisition Revolving Credit Loan, whether such Loan is the Loans are to be a LIBOR Rate Loan Loans or Base Rate LoanLoans, 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 11:00 a.m. (Charlotte time) 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

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

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 11:00 a.m. (Charlotte time) a.m. (i) on the same Business Day for 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 each LIBOR Base Rate Loan, Loans (other than Swingline Loans) in a an aggregate principal amount of $2,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to each Base Eurodollar Rate Loan, Loans in a an aggregate principal amount of $1,000,000 2,000,000 or a whole multiple of $100,000 500,000 in excess thereof, thereof and (z) with respect to each Swingline Loan, Loans in a an aggregate principal amount of $250,000 100,000 or a whole multiple of $50,000 25,000 in excess thereof, (C) whether such Loan is to be a Working Capital Loan, Swingline Revolving Loan or Permitted Acquisition Swingline Loan, (D) in the case of a Working Capital Loan or Permitted Acquisition Revolving Loan, whether such Loan is the Loans are to be a LIBOR Eurodollar Rate Loan Loans or Base Rate LoanLoans, 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 11:00 a.m. (Charlotte time) 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

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

Requests for Borrowing. The Borrower U.S. Borrower, on behalf of the Applicable 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 11:00 a.m. (Charlotte time) 1:00 p.m. (i) on the same Business Day for 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 Day 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) the amount of such borrowing, which shall be (x) with respect to each LIBOR Rate Loan, in a principal amount of $2,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to each Base Rate Loan, in a principal amount of $1,000,000 or a whole multiple of $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 Working Capital Revolving Credit Loan or a Swingline Loan; (C) if such Loan is an Alternative Currency Revolving Credit Loan, Swingline Loan or Permitted Acquisition Loan, (D) the applicable Alternative Currency in the case of a Working Capital Loan or Permitted Acquisition Loan, whether 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, and ; (E) in the case of 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, (1) 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, (2) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000, €5,000,000, CHF5,000,000, £5,000,000 or CAD$5,000,000 or a whole multiple of $1,000,000, €1,000,000, CHF1,000,000, £1,000,000 or CAD$1,000,000 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 U.S. Borrower fails to specify a currency in the Notice of Borrowing requesting a Loan, then the Loan so requested shall be made in Dollars. A Notice of Borrowing received after 11:00 a.m. (Charlotte time) 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 2 contracts

Sources: Credit Agreement (Owens Corning), Credit Agreement (Owens Corning)

Requests for Borrowing. The 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 11:00 a.m. (Charlotte Eastern time) (i) on the same Business Day for 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 each LIBOR Base Rate Loan, Loans (other than Swingline Loans) in a an aggregate principal amount of $2,000,000 1,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to each Base LIBOR Rate Loan, Loans in a an aggregate principal amount of $1,000,000 or a whole multiple of $100,000 500,000 in excess thereof, thereof and (z) with respect to each Swingline Loan, Loans (other than Swingline Loans deemed requested pursuant to the Swingline Side Letter) in a an aggregate principal amount of $250,000 100,000 or a whole multiple of $50,000 100,000 in excess thereof, (C) whether such Loan is to be a Working Capital Loan, Swingline Revolving Credit Loan or Permitted Acquisition Swingline Loan, (D) in the case of a Working Capital Revolving Credit Loan or Permitted Acquisition Loan, whether such Loan is the Loans are to be a LIBOR Rate Loan Loans or Base Rate LoanLoans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. (Charlotte 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

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

Requests for Borrowing. 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 11:00 a.m. (Charlotte Chicago time) (i) on the same Business Day for 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 each LIBOR Base Rate Loan, Loans in a an aggregate principal amount of $2,000,000 3,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof, and (y) with respect to each Base LIBOR Rate Loan, Loans in a an aggregate principal amount of $1,000,000 5,000,000 or a whole multiple of $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 1,000,000 in excess thereof, (C) whether such Loan is the Loans are to be a Working Capital Loan, Swingline Loan or Permitted Acquisition Loan, (D) in the case of a Working Capital Loan or Permitted Acquisition Loan, whether such Loan is to be a LIBOR Rate Loan Loans or Base Rate LoanLoans, 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 11:00 a.m. (Charlotte 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 2 contracts

Sources: Term Loan Agreement, Credit Agreement (Grainger W W Inc)

Requests for Borrowing. The Borrower shall give the Administrative ---------------------- Agent irrevocable prior written notice in the form attached hereto as Exhibit B --------- (a "Notice of Borrowing") not later than 11:00 a.m. (Charlotte time) (i) on the same Business Day 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 each LIBOR Rate Loan, in a principal amount of $2,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to each Base Rate Loan, in a principal amount of $1,000,000 or a whole multiple of $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 Working Capital Loan, Swingline Loan, Permitted Acquisition Loan or Permitted IPC Acquisition Loan, (D) in the case of a Working Capital Loan, Permitted Acquisition Loan or Permitted IPC Acquisition Loan, whether such Loan is to be a LIBOR Rate Loan or Base Rate Loan, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 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

Sources: Credit Agreement (Inergy L P)

Requests for Borrowing. The 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 11:00 a.m. (Charlotte time) a.m. (i) on the same Business Day for as each Base Floating 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 each LIBOR Floating Rate Loan, Loans in a an aggregate principal amount of $2,000,000 3,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof, (y) with respect to each Base LIBOR Rate Loan, Loans in a an aggregate principal amount of $1,000,000 5,000,000 or a whole multiple of $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 1,000,000 in excess thereof, (C) whether such Loan is to be a Working Capital Loan, Swingline Loan or Permitted Acquisition Loan, (D) in the case of a Working Capital Loan or Permitted Acquisition Loan, whether such Loan is to be a LIBOR Rate Loan or Base Floating Rate Loan, and (ED) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. (Charlotte time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing. To the extent ▇▇▇▇▇ Fargo Bank, N.A. is the sole Lender under this Agreement, the parties may implement certain automated advance and credit sweep procedures in lieu of the foregoing as the parties may agree to from time to time.

Appears in 1 contract

Sources: Credit Agreement (Buffalo Wild Wings Inc)

Requests for Borrowing. The 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 11:00 a.m. (Charlotte Eastern time) (i) on the same Business Day for 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 each LIBOR Base Rate Loan, Loans (other than Swingline Loans) in a an aggregate principal amount of $2,000,000 3,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof, (y) with respect to each Base LIBOR Rate Loan, Loans in a an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 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, 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 Working Capital Loan, Swingline Revolving Credit Loan or Permitted Acquisition Swingline Loan, (D) in the case of a Working Capital Revolving Credit Loan or Permitted Acquisition Loan, whether such Loan is the Loans are to be a LIBOR Rate Loan Loans or Base Rate LoanLoans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. (Charlotte 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

Sources: Credit Agreement (Belk Inc)

Requests for Borrowing. The 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 11:00 a.m. (Charlotte time) (i) 11:00 a.m. on the same Business Day for 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 each LIBOR Base Rate Loan, Loans (other than Swingline Loans) in a an aggregate principal amount of $2,000,000 1,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to each Base LIBOR Rate Loan, Loans in a an aggregate principal amount of $1,000,000 or a whole multiple of $100,000 500,000 in excess thereof, thereof and (z) with respect to each Swingline Loan, Loans in a an aggregate principal amount of $250,000 500,000 or a whole multiple of $50,000 100,000 in excess thereof, (C) whether such Loan is to be a Working Capital Loan, Swingline Revolving Credit Loan or Permitted Acquisition Swingline Loan, (D) in the case of a Working Capital Revolving Credit Loan or Permitted Acquisition Loan, whether such Loan is the Loans are to be a LIBOR Rate Loan Loans or Base Rate LoanLoans, 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 11:00 a.m. (Charlotte time) shall 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

Sources: Credit Agreement (DynCorp International LLC)

Requests for Borrowing. The Borrower Borrowers shall give the Administrative Agent irrevocable prior written notice in the form attached hereto as Exhibit B (a “Notice of Borrowing”) not later than 11:00 a.m. (Charlotte a.m.(Philadelphia time) (i) on the same Business Day for as each Base Rate Loan and each Swingline Loan and or Daily One Month LIBOR Loan, (ii) at least three (3) Business Days before each LIBOR Rate Loan, and (iii) at least three (3) London Business Days before each Alternate Currency Loan, of its intention to borrow, specifying specifying: (A) the date of such borrowing, which shall be a Business Day, Day (and a London Business Day with respect to an Alternate Currency Loan); (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, (w) with respect to Base Rate Loans, in an aggregate principal amount of $250,000 and increments of $250,000 in excess thereof, (x) with respect to each Daily One Month LIBOR Rate LoanLoans, in a an aggregate principal amount of $2,000,000 or a whole multiple 500,000 and increments of $500,000 250,000 in excess thereof, (y) with respect to each Base LIBOR Rate Loan, Loans in a an aggregate principal amount of $1,000,000 or a whole multiple and increments of $100,000 500,000 in excess thereof, thereof and (z) with respect to each Swingline LoanEurocurrency Loans, in a principal amount the Dollar Equivalent of $250,000 or a whole multiple 100,000 and increments of $50,000 100,000 in excess thereof, ; (C) whether such Loan is Loans are to be Base Rate Loans, Daily One Month LIBOR Loans, LIBOR Rate Loans or Eurocurrency Loans, if a Working Capital Loancombination thereof, Swingline Loan or Permitted Acquisition Loan, the amount allocated to each; and (D) in the case of a Working Capital Loan or Permitted Acquisition Loan, whether such Loan is to be a LIBOR Rate Loan or Base Rate Loan, and (E) in the case of a LIBOR Rate Eurocurrency Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing Notices received after 11:00 a.m. (Charlotte a.m.(Philadelphia 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

Sources: Credit Agreement (Urban Outfitters Inc)

Requests for Borrowing. The applicable Borrower or Borrowers shall give the Administrative Agent irrevocable prior written notice in the form attached hereto as Exhibit B (a "Notice of Borrowing") not later than 11:00 a.m. 12:00 noon (Charlotte time) ) (i) on the same Business Day for 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) whether such Loan is to be a Revolving Credit Loan, Finnish Mark Loan or a Swingline Lo▇▇, (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 Dollars, 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 each LIBOR Rate LoanLoans 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 a an aggregate principal amount of $2,000,000 1,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to each Base Rate Loan, in a principal amount of $1,000,000 or a whole multiple of $100,000 in excess thereof, and (z) with respect to each Swingline Loan, Loans in a an aggregate principal amount of $250,000 100,000 or a whole multiple of $50,000 in excess thereof, (C) whether such Loan is to be a Working Capital Loan, Swingline Loan or Permitted Acquisition Loan, (D) in the case of a Working Capital Loan or Permitted Acquisition Loan, whether such Loan is to be a LIBOR Rate Loan or Base Rate Loan, thereof 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 11:00 a.m. 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 ▇▇ Borrowing with respect to a Finnish Mark Loan.

Appears in 1 contract

Sources: Credit Agreement (Breed Technologies Inc)

Requests for Borrowing. The 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 11:00 a.m. (Charlotte time) a.m. (i) on the same Business Day for 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 each LIBOR Base Rate Loan, Loans (other than Swingline Loans) in a an aggregate principal amount of $2,000,000 1,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to each Base LIBOR Rate Loan, Loans in a an aggregate principal amount of $1,000,000 or a whole multiple of $100,000 500,000 in excess thereof, thereof and (z) with respect to each Swingline Loan, Loans in a an aggregate principal amount of $250,000 500,000 or a whole multiple of $50,000 100,000 in excess thereofthereof (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 Working Capital Loan, Swingline Revolving Credit Loan or Permitted Acquisition Swingline Loan, (D) in the case of a Working Capital Revolving Credit Loan or Permitted Acquisition Loan, whether such Loan is the Loans are to be a LIBOR Rate Loan Loans or Base Rate LoanLoans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 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

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

Requests for Borrowing. The 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 11:00 a.m. (Charlotte time) a.m. (i) on the same Business Day for as each Base Rate Loan and each Swingline Loan and (ii) at least three two (32) 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 each LIBOR Base Rate Loan, Loans (other than Swingline Loans) in a an aggregate principal amount of $2,000,000 3,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof, (y) with respect to each Base Rate Loan, Term SOFR Loans in a an aggregate principal amount of $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 $500,000 or a whole multiple of $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 Working Capital Loan, Swingline Revolving Credit Loan or Permitted Acquisition Swingline Loan, (D) in the case of a Working Capital Revolving Credit Loan or Permitted Acquisition Loan, whether such Loan is the Loans are to be a LIBOR Rate Loan Term SOFR Loans or Base Rate LoanLoans, and (E) in the case of a LIBOR Rate Term SOFR Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing (or Swingline Loan Notice, as applicable) received after 11:00 a.m. (Charlotte time) 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

Sources: Credit Agreement (Aci Worldwide, Inc.)

Requests for Borrowing. The 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 11:00 a.m. (Charlotte time) a.m. (i) on the same Business Day for 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 each LIBOR Base Rate Loan, Loans (other than Swingline Loans) in a an aggregate principal amount of $2,000,000 3,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof, (y) with respect to each Base LIBOR Rate Loan, Loans in a an aggregate principal amount of $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 $500,000 or a whole multiple of $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 Working Capital Loan, Swingline Revolving Credit Loan or Permitted Acquisition Swingline Loan, (D) in the case of a Working Capital Revolving Credit Loan or Permitted Acquisition Loan, whether such Loan is the Loans are to be a LIBOR Rate Loan Loans or Base Rate LoanLoans, 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 11:00 a.m. (Charlotte time) 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

Sources: Amendment Agreement (Aci Worldwide, Inc.)

Requests for Borrowing. The Borrower shall give the Administrative Agent Lender irrevocable prior written notice in the form attached hereto as Exhibit EXHIBIT B (a "Notice of Borrowing") not later than 11:00 a.m. 2:00 p.m. (Charlotte time) (i) on the same Business Day for as each Base Rate Loan and Loan, (ii) at least two (2) Business Days before each Swingline CD Rate 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 each LIBOR Base Rate Loan, Loans in a an aggregate principal amount of $2,000,000 1,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to each Base CD Rate Loan, Loans in a an aggregate principal amount of $1,000,000 or a whole multiple of $100,000 500,000 in excess thereof, and (z) with respect to each Swingline Loan, LIBOR Rate Loans in a an aggregate principal amount of $250,000 1,000,000 or a whole multiple of $50,000 500,000 in excess thereof, (C) whether such Loan is the Loans are to be a Working Capital LoanLIBOR Rate Loans, Swingline Loan Base Rate Loans, or Permitted Acquisition LoanCD Rate Loans, and (D) in the case of a Working Capital Loan or Permitted Acquisition Loan, whether such Loan is to be a LIBOR Rate Loan or Base Rate Loan, and (E) in the case of a LIBOR CD Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing Notices received after 11:00 a.m. 2:00 p.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

Sources: Revolving Credit Loan Agreement (Marshall Industries)

Requests for Borrowing. The 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 11:00 a.m. (Charlotte time) a.m. (i) on the same Business Day for 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 each LIBOR Rate Loan, in a principal amount of $2,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to each Base Rate Loan, Loans in a an aggregate principal amount of $1,000,000 or a whole multiple of $100,000 in excess thereof, and (zy) with respect to each Swingline Loan, LIBOR Rate Loans in a an aggregate principal amount of $250,000 1,000,000 or a whole multiple of $50,000 100,000 in excess thereof, (C) whether such Loan is to be a Working Capital Loan, Swingline Loan or Permitted Acquisition Loan, (D) in the case of a Working Capital Loan or Permitted Acquisition Loan, whether such Loan is to be a LIBOR Rate Loan or Base Rate Loan, 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 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

Sources: Credit Agreement (OMNICELL, Inc)

Requests for Borrowing. The 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 in the form attached hereto as Exhibit B (a "Notice of Borrowing") not later than 11:00 a.m. (Charlotte time) a.m. (i) on the same Business Day for 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 each LIBOR Base Rate Loan, Loans (other than the Swingline Loans requested pursuant to this Section 2.3(a)) in a an aggregate principal amount of $2,000,000 3,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof, (y) with respect to each Base LIBOR Rate Loan, Loans in a an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to the Swingline Loans requested pursuant to this Section 2.3(a) in an aggregate principal amount of $500,000 or a whole multiple of $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 Working Capital Loan, Swingline Revolving Credit Loan or Permitted Acquisition a Swingline Loan, (D) in the case of a Working Capital Revolving Credit Loan or Permitted Acquisition Loan, whether such Loan is the Loans are to be a LIBOR Rate Loan Loans or Base Rate LoanLoans, 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 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

Sources: Credit Agreement (Performance Food Group Co)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice in the form attached hereto as Exhibit B B-1 (a "Notice of Revolving Credit Borrowing") (i) not later than 12:00 noon (Charlotte time) on the Business Day on which each Swingline Loan is to be made, (ii) not later than 11:00 a.m. (Charlotte time) at least one (i1) on the same Business Day for 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 each LIBOR Base Rate Loan, Loans in a an aggregate principal amount of $2,000,000 1,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to each Base LIBOR Rate Loan, Loans in a an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 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, 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 Working Capital Loan, Swingline Revolving Credit Loan or Permitted Acquisition a Swingline Loan, (D) in the case of a Working Capital Loan or Permitted Acquisition Revolving Credit Loan, whether such Loan is the Loans are initially to be a LIBOR Rate Loan Loans or Base Rate LoanLoans, 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

Sources: Credit Agreement (Richfood Holdings Inc)

Requests for Borrowing. The 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 in the form attached hereto as Exhibit B (a "Notice of Borrowing") not later than 11:00 a.m. (Charlotte time) (i) on the same Business Day for 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 each LIBOR Base Rate Loan, Loans (other than the Swingline Loans requested pursuant to this Section 2.3(a)) in a an aggregate principal amount of $2,000,000 3,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof, (y) with respect to each Base LIBOR Rate Loan, Loans in a an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to the Swingline Loans requested pursuant to this Section 2.3(a) in an aggregate principal amount of $500,000 or a whole multiple of $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 Working Capital Loan, Swingline Revolving Credit Loan or Permitted Acquisition a Swingline Loan, (D) in the case of a Working Capital Revolving Credit Loan or Permitted Acquisition Loan, whether such Loan is the Loans are to be a LIBOR Rate Loan Loans or Base Rate LoanLoans, 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 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

Sources: Credit Agreement (Performance Food Group Co)

Requests for Borrowing. The 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 11:00 a.m. (Charlotte time) a.m. (i) on the same Business Day for 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 each LIBOR Base Rate Loan, Loans (other than Swingline Loans) in a an aggregate principal amount of $2,000,000 1,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to each Base Rate Loan, SOFR Loans in a an aggregate principal amount of $1,000,000 or a whole multiple of $100,000 500,000 in excess thereof, thereof and (z) with respect to each Swingline Loan, Loans in a an aggregate principal amount of $250,000 100,000 or a whole multiple of $50,000 100,000 in excess thereofthereof (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 Working Capital Loan, Swingline Revolving Loan or Permitted Acquisition Swingline Loan, (D) in the case of a Working Capital Revolving Loan or Permitted Acquisition Loan, whether such Revolving Loan is to be a LIBOR Rate Daily Simple SOFR Loan, a Term SOFR Loan or a Base Rate Loan, 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 11:00 a.m. (Charlotte time) 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

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

Requests for Borrowing. The Borrower Parent, on behalf of the Applicable Borrower, shall give the Administrative Agent Lender irrevocable prior written notice substantially in the form attached hereto as of Exhibit B (a “Notice of Borrowing”) not later than 11:00 a.m. (Charlotte time) 1:00 p.m. (i) on the same Business Day for 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, Euros or Sterling and (iii) at least four (4) Business Days before each Loan denominated in any other Foreign Currency, of its intention to borrow, specifying specifying: (Ai) the date of such borrowing, which shall be a Business Day, ; (Bii) the amount of if such borrowing, which shall be (x) with respect to each LIBOR Rate Loan is a Foreign Currency Loan, the applicable Foreign Currency in a principal amount of $2,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to each Base Rate Loan, in a principal amount of $1,000,000 or a whole multiple of $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 which such Loan is to be funded; (iii) if such Loan is a Working Capital Loan, Swingline Loan or Permitted Acquisition Loan, (D) denominated in the case of a Working Capital Loan or Permitted Acquisition LoanDollars, whether such Loan is to shall be a LIBOR Rate Loan or a Base Rate Loan, and ; (Eiv) in the case of if such Loan is a LIBOR Rate Loan, the duration of the Interest Period applicable thereto; and (v) the amount of such borrowing, which shall be, (A) with respect to Base Rate Loans in an aggregate principal amount of $500,000 or a whole multiple of $500,000 in excess thereof or (B) with respect to LIBOR Rate Loans in an aggregate principal amount of $500,000 or a whole multiple of $500,000 in excess thereof (or, in the case of borrowings denominated in a Foreign Currency, in such increments as the Lender may from time to time determine). If Parent fails to specify a currency in the Notice of Borrowing requesting a Loan, then the Loan so requested shall be made in Dollars. A Notice of Borrowing received after 11:00 a.m. (Charlotte time) 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

Sources: Credit Agreement (Twin Disc Inc)

Requests for Borrowing. 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 11:00 a.m. (Charlotte time) 12:00 noon (i) on the same Business Day for 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 each LIBOR Base Rate Loan, Loans (other than Swingline Loans) in a an aggregate principal amount of $2,000,000 500,000 or a whole multiple of $500,000 100,000 in excess thereof, (y) with respect to each Base LIBOR Rate Loan, Loans in a an aggregate principal amount of $1,000,000 or a whole multiple of $100,000 500,000 in excess thereof, thereof and (z) with respect to each Swingline Loan, Loans in a an aggregate principal amount of $250,000 100,000 or a whole multiple of $50,000 100,000 in excess thereof, (C) whether such Loan is to be a Working Capital Loan, Swingline Revolving Credit Loan or Permitted Acquisition Swingline Loan, (D) in the case of a Working Capital Revolving Credit Loan or Permitted Acquisition Loan, whether such Loan is the Loans are to be a LIBOR Rate Loan Loans or Base Rate LoanLoans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. (Charlotte time) 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

Sources: Credit Agreement (Radyne Corp)

Requests for Borrowing. The Borrower Borrowers shall give the Administrative Agent irrevocable prior written notice in the form attached hereto as Exhibit EXHIBIT B (a “Notice of Borrowing”"NOTICE OF BORROWING") not later than 11:00 a.m. (Charlotte time) (i) on the same Business Day for 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 each LIBOR Base Rate Loan, Loans in a an aggregate principal amount of $2,000,000 3,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof, (y) with respect to each Base LIBOR Rate Loan, Loans in a 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 $500,000 or a whole multiple of $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 Working Capital Loan, Swingline Loan or Permitted Acquisition Revolving Credit Loan, (D) in the case of a Working Capital Revolving Credit Loan or Permitted Acquisition Loan, whether such Loan is the Loans are to be a LIBOR Rate Loan Loans or Base Rate LoanLoans, 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 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

Sources: Credit Agreement (Condor Technology Solutions Inc)

Requests for Borrowing. The 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 11:00 a.m. (Charlotte time) (i) on the same Business Day for 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 each LIBOR Base Rate Loan, Loans (other than Swingline Loans) in a an aggregate principal amount of $2,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to each Base Rate Loan, in a principal amount of $1,000,000 2,500,000 or a whole multiple of $100,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $2,500,000 or a whole multiple of $100,000 in excess thereof and (z) with respect to each Swingline Loan, Loans in a an aggregate principal amount of $250,000 50,000 or a whole multiple of $50,000 in excess thereof, (C) whether such Loan is to be a Working Capital Loan, Swingline Revolving Credit Loan or Permitted Acquisition Swingline Loan, (D) in whether the case of a Working Capital Loan or Permitted Acquisition Loan, whether such Loan is Loans are to be a LIBOR Rate Loan Loans or Base Rate LoanLoans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 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 BorrowingBorrowing by telecopier (or by telephone promptly confirmed by telecopier).

Appears in 1 contract

Sources: Credit Agreement (DRS Technologies Inc)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit of EXHIBIT B (a "Notice of Borrowing") not later than 11:00 a.m. (Charlotte time) 12:00 noon (i) on the same Business Day for 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 each LIBOR Base Rate Loan, Loans (other than Swingline Loans) in a an aggregate principal amount of $2,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof, (y) with respect to each Base LIBOR Rate Loan, Loans in a an aggregate principal amount of $1,000,000 3,000,000 or a whole multiple of $100,000 1,000,000 in excess thereof, thereof and (z) with respect to each Swingline Loan, Loans in a principal amount whole multiples of $250,000 or a whole multiple of $50,000 in excess thereof100,000, (C) whether such Loan is Loans are to be a Working Capital Loan, Revolving Credit Loans or Swingline Loan or Permitted Acquisition LoanLoans, (D) in the case of a Working Capital Loan or Permitted Acquisition Loan, Revolving Credit Loans whether such Loan is the Loans are to be a LIBOR Rate Loan Loans or Base Rate LoanLoans, and (E) in the case of a LIBOR Rate LoanLoans, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. (Charlotte time) 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

Sources: Credit Agreement (Corrections Corp of America)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice in the form attached hereto as Exhibit B B-1 (a "Notice of Revolving Loan Borrowing") not later than 11:00 a.m. Noon (Charlotte time) (i) on the same Business Day for 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 each LIBOR Rate Loan, in a principal amount of $2,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to each Base Rate Loan, Loans in a an aggregate principal amount of $1,000,000 or a whole multiple of $100,000 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 each Swingline Loan, Loans in a an aggregate principal amount of $250,000 50,000 or a whole multiple of $50,000 in excess thereof, (C) whether such Loan is to be a Working Capital Loan, Swingline Revolving Credit Loan or Permitted Acquisition a Swingline Loan, (D) in the case of a Working Capital Revolving Credit Loan or Permitted Acquisition Loan, whether such Loan is the Loans are to be a LIBOR Rate Loan Loans or Base Rate LoanLoans, 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 11:00 a.m. 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

Sources: Credit Agreement (Veridian Corp)

Requests for Borrowing. The 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 11:00 a.m. (Charlotte time) 10:00 a.m. (i) on the same Business Day for 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 each LIBOR Rate Loan, in a principal amount of $2,000,000 or a whole multiple of $500,000 in excess thereofbe, (y) with respect to each Base Rate Loan, Loans in a an aggregate principal amount of $1,000,000 or a whole multiple of $100,000 1,000,000 in excess thereof, thereof and (z) with respect to each Swingline Loan, LIBOR Rate Loans in a an aggregate principal amount of $250,000 1,000,000 or a whole multiple of $50,000 1,000,000 in excess thereof, (C) whether such Loan is the Revolving Credit Loans are to be a Working Capital Loan, Swingline Loan or Permitted Acquisition Loan, (D) in the case of a Working Capital Loan or Permitted Acquisition Loan, whether such Loan is to be a LIBOR Rate Loan Loans or Base Rate LoanLoans, 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 11:00 10:00 a.m. (Charlotte time) 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

Sources: Credit Agreement (Cirrus Logic, Inc.)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit of EXHIBIT B (a “Notice of Borrowing”"NOTICE OF BORROWING") not later than 11:00 a.m. (Charlotte time) 12:00 p.m. (i) on the same Business Day for 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 each LIBOR Base Rate Loan, Loans (other than Swingline Loans) in a an aggregate principal amount of $2,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to each Base Rate Loan, in a 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 $500,000 or a whole multiple of $100,000 in excess thereof and (z) with respect to each Swingline Loan, Loans in a an aggregate principal amount of $250,000 100,000 or a whole multiple of $50,000 100,000 in excess thereof, (C) whether such Loan is to be a Working Capital Loan, Swingline Revolving Credit Loan or Permitted Acquisition Swingline Loan, (D) in the case of a Working Capital Revolving Credit Loan or Permitted Acquisition Loan, whether such Loan is the Loans are to be a LIBOR Rate Loan Loans or Base Rate LoanLoans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. (Charlotte time) 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

Sources: Credit Agreement (Restaurant Co)

Requests for Borrowing. The 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 11:00 a.m. (Charlotte time) 1:00 p.m. (i) on the same Business Day for 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 each LIBOR Rate Loan, in a principal amount of $2,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to each Base Rate Loan, Loans (other than Swingline Loans) in a 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 each Swingline Loan, Loans in a an aggregate principal amount of $250,000 100,000 or a whole multiple of $50,000 in excess thereof, (C) whether such Loan is to be a Working Capital Loan, Swingline Revolving Credit Loan or Permitted Acquisition Swingline Loan, (D) in the case of a Working Capital Revolving Credit Loan or Permitted Acquisition Loan, whether such Loan is the Loans are to be a LIBOR Rate Loan Loans or Base Rate LoanLoans, 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 11:00 a.m. (Charlotte time) 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

Sources: Credit Agreement (Kforce Inc)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice (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 11:00 a.m. (Charlotte time) (i) on the same Business Day for 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 each LIBOR Rate Loan, Loans in a an aggregate principal amount of $2,000,000 250,000 or a whole multiple of $500,000 100,000 in excess thereof, (y) thereof and with respect to each Base Rate Loan, Loans in a an aggregate principal amount of $1,000,000 250,000 or a whole multiple of $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 the Revolving Credit Loans are to be a Working Capital Loan, Swingline Loan or Permitted Acquisition Loan, (D) in the case of a Working Capital Loan or Permitted Acquisition Loan, whether such Loan is to be a LIBOR Rate Loan Loans or Base Rate LoanLoans (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 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

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

Requests for Borrowing. The 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 in the form attached hereto as Exhibit B (a "Notice of Borrowing") not later than 11:00 a.m. (Charlotte time) (i) on the same Business Day for 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 each LIBOR Base Rate Loan, Loans (other than the Swingline Loans requested pursuant to this Section 2.3(a)) in a an aggregate principal amount of $2,000,000 3,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof, (y) with respect to each Base LIBOR Rate Loan, Loans in a an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to the Swingline Loans requested pursuant to this Section 2.3(a) in an aggregate principal amount of $500,000 or a whole multiple of $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 Working Capital Loan, Swingline Revolving Credit Loan or Permitted Acquisition a Swingline Loan, (D) in the case of a Working Capital Revolving Credit Loan or Permitted Acquisition Loan, whether such Loan is the Loans are to be a LIBOR Rate Loan Loans or Base Rate LoanLoans, 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 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

Sources: Credit Agreement (Performance Food Group Co)

Requests for Borrowing. The 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 11:00 a.m. (Charlotte time) (i) on the same Business Day for 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 each LIBOR Base Rate Loan, Loans (other than Swingline Loans) in a an aggregate principal amount of $2,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to each Base Rate Loan, in a principal amount of $1,000,000 2,500,000 or a whole multiple of $100,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $100,000 in excess thereof and (z) with respect to each Swingline Loan, Loans in a an aggregate principal amount of $250,000 50,000 or a whole multiple of $50,000 in excess thereof, (C) whether such Loan is to be a Working Capital Loan, Swingline Revolving Credit Loan or Permitted Acquisition Swingline Loan, (D) in whether the case of a Working Capital Loan or Permitted Acquisition Loan, whether such Loan is Revolving Credit Loans are to be a LIBOR Rate Loan Loans or Base Rate LoanLoans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 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 BorrowingBorrowing by telecopier (or by telephone promptly confirmed by telecopier).

Appears in 1 contract

Sources: Credit Agreement (DRS Technologies Inc)

Requests for Borrowing. 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 11:00 a.m. (Charlotte time) a.m. (i) on the same Business Day for 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 each LIBOR Base Rate Loan, Loans (other than Swingline Loans) in a an aggregate principal amount of $2,000,000 1,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to each Base LIBOR Rate Loan, Loans in a an aggregate principal amount of $1,000,000 3,000,000 or a whole multiple of $100,000 1,000,000 in excess thereof, and (z) with respect to each Swingline Loan, Loans in a an aggregate principal amount of $250,000 500,000 or a whole multiple of $50,000 100,000 in excess thereof, (C) whether such Loan is to be a Working Capital Loan, Swingline Revolving Credit Loan or Permitted Acquisition Swingline Loan, (D) in the case of a Working Capital Revolving Credit Loan or Permitted Acquisition Loan, whether such Loan is the Loans are to be a LIBOR Rate Loan Loans or Base Rate LoanLoans, 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 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

Sources: Credit Agreement (SolarWinds, Inc.)

Requests for Borrowing. The applicable Borrower or Borrowers shall give the Administrative Agent irrevocable prior written notice in the form attached hereto as Exhibit B (a "Notice of Borrowing") not later than 11:00 a.m. 12:00 noon (Charlotte time) ) (i) on the same Business Day for 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) whether such Loan is to be a Revolving Credit Loan, Finnish Mark Loan or a Swingline Lo▇▇, (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 Dollars, 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 each LIBOR Rate LoanLoans 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 a an aggregate principal amount of $2,000,000 1,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to each Base Rate Loan, in a principal amount of $1,000,000 or a whole multiple of $100,000 in excess thereof, and (z) with respect to each Swingline Loan, Loans in a an aggregate principal amount of $250,000 100,000 or a whole multiple of $50,000 in excess thereof, (C) whether such Loan is to be a Working Capital Loan, Swingline Loan or Permitted Acquisition Loan, (D) in the case of a Working Capital Loan or Permitted Acquisition Loan, whether such Loan is to be a LIBOR Rate Loan or Base Rate Loan, thereof 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 11:00 a.m. 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 Noti▇▇ ▇f Borrowing with respect to a Finnish Mark Loan.

Appears in 1 contract

Sources: Credit Agreement (Breed Technologies Inc)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice in the form attached hereto as Exhibit B B-1 (a "Notice of Revolving Loan Borrowing") not later than 11:00 a.m. Noon (Charlotte time) (i) on the same Business Day for 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 each LIBOR Rate Loan, in a principal amount of $2,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to each Base Rate Loan, Loans in a an aggregate principal amount of $1,000,000 or a whole multiple of $100,000 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 each Swingline Loan, Loans in a an aggregate principal amount of $250,000 50,000 or a whole multiple of $50,000 in excess thereof, (C) whether such Loan is to be a Working Capital Loan, Swingline Loan or Permitted Acquisition Revolving Credit Loan, (D) in the case of a Working Capital Revolving Credit Loan or Permitted Acquisition Loan, whether such Loan is the Loans are to be a LIBOR Rate Loan Loans or Base Rate LoanLoans, 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 11:00 a.m. 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

Sources: Credit Agreement (Veridian Corp)

Requests for Borrowing. The 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 11:00 a.m. (Charlotte time) a.m. (i) on the same Business Day for 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 each LIBOR Base Rate Loan, Loans (other than Swingline Loans) in a an aggregate principal amount of $2,000,000 3,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof, (y) with respect to each Base LIBOR Rate Loan, Loans in a an aggregate principal amount of $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 $100,000 or a whole multiple of $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 Working Capital Loan, Swingline Revolving Credit Loan or Permitted Acquisition Swingline Loan, (D) in the case of a Working Capital Revolving Credit Loan or Permitted Acquisition Loan, whether such Loan is the Loans are to be a LIBOR Rate Loan Loans or Base Rate LoanLoans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 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

Sources: Credit Agreement (Medimmune Inc /De)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice in the form attached hereto as Exhibit B B-1 (a "Notice of Borrowing") not later than 11:00 a.m. Noon (Charlotte time) (i) on the same Business Day for 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 each LIBOR Base Rate Loan, Loans in a an aggregate principal amount of $2,000,000 1,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to each Base LIBOR Rate Loan, Loans in a an aggregate principal amount of $1,000,000 5,000,000 or a whole multiple of $100,000 1,000,000 in excess thereof, thereof and (z) with respect to each Swingline Loan, Loans in a an aggregate principal amount of $250,000 100,000 or a whole multiple of $50,000 in excess thereof, (C) whether such Loan is to be a Working Capital Loan, Swingline Loan or Permitted Acquisition Revolving Credit Loan, (D) in the case of a Working Capital Revolving Credit Loan or Permitted Acquisition Loan, whether such Loan is the Loans are to be a LIBOR Rate Loan Loans or Base Rate LoanLoans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. Noon (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

Sources: Credit Agreement (Veridian Corp)

Requests for Borrowing. The 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 11:00 a.m. (Charlotte time) a.m. (i) on the same Business Day for 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 each LIBOR Base Rate Loan, Loans (other than Swingline Loans) in a an aggregate principal amount of $2,000,000 3,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof, (y) with respect to each Base LIBOR Rate Loan, Loans in a an aggregate principal amount of $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 $500,000 or a whole multiple of $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 Working Capital Loan, Swingline Revolving 54537432_8 Credit Loan or Permitted Acquisition Swingline Loan, (D) in the case of a Working Capital Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Permitted Acquisition LoanBase Rate Loans, (E) whether such Loan is will be made to be a LIBOR Rate Loan the Parent Borrower or Base Rate Loan, 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 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

Sources: Credit Agreement (Ubiquiti Networks, Inc.)

Requests for Borrowing. The 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 11:00 a.m. (Charlotte time) (i) 3:00 p.m. on the same Business Day for 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 each LIBOR Rate Loan, Revolving Loans in a principal amount of $2,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to each Base Rate Loan, in a an aggregate principal amount of $1,000,000 or a whole multiple of $100,000 500,000 in excess thereof, thereof and (zy) with respect to each Swingline Loan, Loans in a an aggregate principal amount of $250,000 500,000 or a whole multiple of $50,000 100,000 in excess thereof, (C) whether such Loan is to be a Working Capital Loan, Swingline Revolving Loan or Permitted Acquisition Swingline Loan, (D) in the case of a Working Capital Revolving Loan or Permitted Acquisition Loan, whether such Loan is the Loans are to be a LIBOR Rate Loan Loans or Base Rate LoanLoans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. (Charlotte timeor, 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

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

Requests for Borrowing. The 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 11:00 a.m. (Charlotte time) (i) on the same Business Day for 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 each LIBOR Base Rate Loan, Loans in a an aggregate principal amount of $2,000,000 500,000 or a whole multiple of $500,000 50,000 in excess thereof, (y) with respect to each Base LIBOR Rate Loan, Loans in a an aggregate principal amount of $1,000,000 3,000,000 or a whole multiple of $100,000 500,000 in excess thereof, thereof and (z) with respect to each Swingline Loan, Loans in a an aggregate principal amount of $250,000 100,000 or a whole multiple of $50,000 in excess thereof, (C) whether such Loan is to be a Working Capital Loan, Swingline Revolving Credit Loan or Permitted Acquisition a Swingline Loan, (D) in the case of a Working Capital Loan or Permitted Acquisition Revolving Credit Loan, whether such Loan is to be a LIBOR Rate Loan or a Base Rate Loan, 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 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

Sources: Credit Agreement (Global Imaging Systems Inc)

Requests for Borrowing. 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 11:00 a.m. (Charlotte 12:00 p.m.(Charlotte time) (i) on the same Business Day for 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 each LIBOR Base Rate Loan, Loans (other than Swingline Loans) in a an aggregate principal amount of $2,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to each Base Rate Loan, in a principal amount of $1,000,000 2,500,000 or a whole multiple of $100,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $100,000 in excess thereof and (z) with respect to each Swingline Loan, Loans in a an aggregate principal amount of $250,000 50,000 or a whole multiple of $50,000 in excess thereof, (C) whether such Loan is to be a Working Capital Loan, Swingline Revolving Credit Loan or Permitted Acquisition Swingline Loan, (D) in whether the case of a Working Capital Loan or Permitted Acquisition Loan, whether such Loan is Revolving Credit Loans are to be a LIBOR Rate Loan Loans or Base Rate LoanLoans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. 12:00 p.m. (Charlotte time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of BorrowingBorrowing by telecopier (or by telephone promptly confirmed by telecopier).

Appears in 1 contract

Sources: Credit Agreement (DRS Technologies Inc)

Requests for Borrowing. The 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 11:00 a.m. (Charlotte time) 9:00 a.m. (i) on the same Business Day for as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before (or, solely in the case of a borrowing on the Closing Date no later than 10:00 a.m. two (2) 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 each LIBOR Base Rate Loan, Loans (other than Swingline Loans) in a an aggregate principal amount of $2,000,000 3,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof, (y) with respect to each Base LIBOR Rate Loan, Loans in a an aggregate principal amount of $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 $500,000 or a whole multiple of $100,000 in excess thereof, and thereof (z) with respect to each Swingline Loanor, in a principal each case, the remaining amount of $250,000 the Revolving Credit Commitment or a whole multiple of $50,000 in excess thereofthe Swingline Commitment, as applicable), (C) whether such Loan is to be a Working Capital Loan, Swingline Revolving Credit Loan or Permitted Acquisition Swingline Loan, (D) in the case of a Working Capital Revolving Credit Loan or Permitted Acquisition Loan, whether such Loan is the Loans are to be a LIBOR Rate Loan Loans or Base Rate LoanLoans, 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 11:00 9:00 a.m. (Charlotte time) 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

Sources: Credit Agreement (STAMPS.COM Inc)

Requests for Borrowing. The 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 11:00 a.m. (Charlotte time) (i) 3:00 p.m. on the same Business Day for 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 each LIBOR Rate Loan, Revolving Loans in a principal amount of $2,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to each Base Rate Loan, in a an aggregate principal amount of $1,000,000 or a whole multiple of $100,000 500,000 in excess thereof, thereof and (zy) with respect to each Swingline Loan, Loans in a an aggregate principal amount of $250,000 500,000 or a whole multiple of $50,000 100,000 in excess thereof, (C) whether such Loan is to be a Working Capital Loan, Swingline Revolving Loan or Permitted Acquisition Swingline Loan, (D) in the case of a Working Capital Loan or Permitted Acquisition Revolving Loan, whether such the Loan is to be a LIBOR Rate Loan or Base Rate Loan, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. 12:00 noon (Charlotte timeor, 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

Sources: Credit Agreement (Orbital Atk, Inc.)

Requests for Borrowing. The 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 11:00 a.m. (Charlotte time) 2:00 p.m. (i) on the same Business Day for 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 each LIBOR Base Rate Loan, Loans (other than Swingline Loans) in a an aggregate principal amount of $2,000,000 100,000 or a whole multiple of $500,000 100,000 in excess thereof, (y) with respect to each Base LIBOR Rate Loan, Loans in a an aggregate principal amount of $1,000,000 or a whole multiple of $100,000 in excess thereof, thereof and (z) with respect to each Swingline Loan, Loans in a an aggregate principal amount of $250,000 100,000 or a whole multiple of $50,000 100,000 in excess thereof, (C) whether such Loan is to be a Working Capital Loan, Swingline Revolving Credit Loan or Permitted Acquisition Swingline Loan, (D) in the case of a Working Capital Revolving Credit Loan or Permitted Acquisition Loan, whether such Loan is the Loans are to be a LIBOR Rate Loan Loans or Base Rate LoanLoans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. (Charlotte time) 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 1 contract

Sources: Credit Agreement (Patrick Industries Inc)

Requests for Borrowing. The 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 11:00 a.m. (Charlotte time) (i) 11:00 a.m. on the same Business Day for 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 each LIBOR Base Rate Loan, Loans (other than Swingline Loans) in a an aggregate principal amount of $2,000,000 100,000 or a whole multiple of $500,000 100,000 in excess thereof, (y) with respect to each Base LIBOR Rate Loan, Loans in a an aggregate principal amount of $1,000,000 or a whole multiple of $100,000 in excess thereof, thereof and (z) with respect to each Swingline Loan, Loans in a an aggregate principal amount of $250,000 100,000 or a whole multiple of $50,000 100,000 in excess thereof, (C) whether such Loan is to be a Working Capital Loan, Swingline Revolving Credit Loan or Permitted Acquisition Swingline Loan, (D) in the case of a Working Capital Revolving Credit Loan or Permitted Acquisition Loan, whether such Loan is the Loans are to be a LIBOR Rate Loan Loans or Base Rate LoanLoans, 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 11:00 a.m. (Charlotte time) 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

Sources: Credit Agreement (Patrick Industries Inc)

Requests for Borrowing. The applicable 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 11:00 a.m. (Charlotte time) 1:00 p.m. (i) on the same Business Day for 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 be, (x) with respect to each LIBOR Base Rate Loan, Loans (other than Swingline Loans) in a an aggregate principal amount of $2,000,000 1,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to each Base LIBOR Rate Loan, Loans in a 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 $500,000 or a whole multiple of $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 Working Capital Loan, Swingline Revolving Credit Loan or Permitted Acquisition Swingline Loan, (D) in the case of a Working Capital Revolving Credit Loan or Permitted Acquisition Loan, whether such Loan is the Loans are to be a LIBOR Rate Loan Loans or Base Rate Loan, 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 11:00 a.m. (Charlotte time) 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

Sources: Credit Agreement (Coeur D Alene Mines Corp)

Requests for Borrowing. 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 11:00 a.m. 1:00 p.m. (Charlotte time) ) (i) on the same Business Day for 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 each LIBOR Rate Loan, in a principal amount of $2,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to each Base Rate Loan, Loans (other than Swingline Loans) in a an aggregate principal amount of $1,000,000 or a whole multiple of $100,000 1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate minimum principal amount of $2,500,000 and (z) with respect to each Swingline Loan, Loans in a an aggregate principal amount of $250,000 100,000 or a whole multiple of $50,000 100,000 in excess thereof, (C) whether such Loan is to be a Working Capital Loan, Swingline Revolving Credit Loan or Permitted Acquisition Swingline Loan, (D) in the case of a Working Capital Revolving Credit Loan or Permitted Acquisition Loan, whether such Loan is the Loans are to be a LIBOR Rate Loan Loans or Base Rate LoanLoans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. 1:00 p.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

Sources: Credit Agreement (Wackenhut Corrections Corp)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice in the form attached hereto as Exhibit B (a "Notice of Revolving Credit Borrowing") not later than 11:00 a.m. (Charlotte time) ) (i) on the same at least one (1) Business Day for 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 each LIBOR Rate Loan, in a principal amount of $2,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to each Base Rate Loan, Loans in a an aggregate principal amount of $1,000,000 or a whole multiple of $100,000 500,000 in excess thereof, thereof and (zy) with respect to each Swingline Loan, LIBOR Rate Loans in a an aggregate principal amount of $250,000 5,000,000 or a whole multiple of $50,000 1,000,000 in excess thereof, (C) whether such Loan is Revolving Credit Loans are initially to be a Working Capital Loan, Swingline Loan or Permitted Acquisition Loan, (D) in the case of a Working Capital Loan or Permitted Acquisition Loan, whether such Loan is to be a LIBOR Rate Loan Loans or Base Rate LoanLoans, 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 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

Sources: Credit Agreement (Richfood Holdings Inc)

Requests for Borrowing. The Borrower shall give the Administrative ---------------------- Agent irrevocable prior written notice in the form attached hereto as Exhibit B B- --------- 1 (a "Notice of Revolving Credit Borrowing") (i) not later than 12:00 noon - (Charlotte time) on the Business Day on which each Swingline Loan is to be made, (ii) not later than 11:00 a.m. (Charlotte time) at least one (i1) on the same Business Day for 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 each LIBOR Base Rate Loan, Loans in a an aggregate principal amount of $2,000,000 1,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to each Base LIBOR Rate Loan, Loans in a an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 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, 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 Working Capital Loan, Swingline Revolving Credit Loan or Permitted Acquisition a Swingline Loan, (D) in the case of a Working Capital Loan or Permitted Acquisition Revolving Credit Loan, whether such Loan is the Loans are initially to be a LIBOR Rate Loan Loans or Base Rate LoanLoans, 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

Sources: Credit Agreement (Richfood Holdings Inc)

Requests for Borrowing. The 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 11:00 a.m. (Charlotte time) a.m. (i) on the same Business Day for 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 each LIBOR Base Rate Loan, Loans (other than Swingline Loans) in a an aggregate principal amount of $2,000,000 500,000 or a whole multiple of $500,000 250,000 in excess thereof, (y) with respect to each Base LIBOR Rate Loan, Loans in a an aggregate principal amount of $1,000,000 500,000 or a whole multiple of $100,000 250,000 in excess thereof, thereof and (z) with respect to each Swingline Loan, Loans in a an aggregate principal amount of $250,000 100,000 or a whole multiple of $50,000 in excess thereof, (C) whether such Loan is to be a Working Capital Loan, Swingline Revolving Credit Loan or Permitted Acquisition Swingline Loan, (D) in the case of a Working Capital Revolving Credit Loan or Permitted Acquisition Loan, whether such Loan is the Loans are to be a LIBOR Rate Loan Loans or Base Rate LoanLoans, 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 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

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

Requests for Borrowing. The 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 11:00 a.m. (Charlotte time) 12:00 noon (i) on the same Business Day for 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 each LIBOR Base Rate Loan, Loans (other than Swingline Loans) in a an aggregate principal amount of $2,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof, (y) with respect to each Base LIBOR Rate Loan, Loans in a an aggregate principal amount of $1,000,000 3,000,000 or a whole multiple of $100,000 1,000,000 in excess thereof, thereof and (z) with respect to each Swingline Loan, Loans in a principal amount whole multiples of $250,000 or a whole multiple of $50,000 in excess thereof100,000, (C) whether such Loan is Loans are to be a Working Capital Loan, Revolving Credit Loans or Swingline Loan or Permitted Acquisition LoanLoans, (D) in the case of a Working Capital Loan or Permitted Acquisition Loan, Revolving Credit Loans whether such Loan is the Loans are to be a LIBOR Rate Loan Loans or Base Rate LoanLoans, 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 11:00 a.m. (Charlotte time) 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

Sources: Credit Agreement (Corrections Corp of America)

Requests for Borrowing. The Borrower Company, on behalf of the Borrowers, shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit B B-1 (a “Notice of Borrowing”) not later than 11:00 a.m. (Charlotte time) a.m. (i) on the same Business Day for as each Base CD 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 each LIBOR CD Rate Loan, Loans (other than Swingline Loans) in a an aggregate principal amount of $2,000,000 3,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof, (y) with respect to each Base LIBOR Rate Loan, Loans (other than Swingline Loans) in a an aggregate principal amount of $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 $100,000 or a whole multiple of $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 Working Capital Loan, Swingline Revolving Credit Loan or Permitted Acquisition Swingline Loan, (D) in the case of a Working Capital Revolving Credit Loan or Permitted Acquisition Loan, whether such Loan is the Loans are to be a LIBOR Rate Loan Loans or Base CD Rate LoanLoans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 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

Sources: Credit Agreement (Family Dollar Stores Inc)

Requests for Borrowing. The 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 11:00 a.m. (Charlotte time) (i) on the same Business Day for 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 each LIBOR Base Rate Loan, Loans (other than Swingline Loans) in a an aggregate principal amount of $2,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to each Base Rate Loan, in a principal amount of $1,000,000 or a whole multiple of $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, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $3,000,000 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 $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 Working Capital Loan, Swingline Revolving Credit Loan or Permitted Acquisition a Swingline Loan, (D) in the case of a Working Capital Loan or Permitted Acquisition Revolving Credit Loan, whether such Loan is to be a LIBOR Rate Loan or a Base Rate Loan, 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 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

Sources: Credit Agreement (Global Imaging Systems Inc)

Requests for Borrowing. The 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 11:00 a.m. (Charlotte time) 1:00 p.m. (i) on the same Business Day for 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 each LIBOR Rate Loan, in a principal amount of $2,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to each Base Rate Loan, Loans in a an aggregate principal amount of $1,000,000 or a whole multiple of $100,000 1,000,000 in excess thereofthereof (or if less, the entirety of the unutilized Revolving Credit Commitment), (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to each Swingline Loan, Loans in a an aggregate principal amount of $250,000 500,000 or a whole multiple of $50,000 100,000 in excess thereofthereof (or if less, the entirety of the unutilized Swingline Commitment), (C) whether such Loan is to be a Working Capital Loan, Swingline Revolving Credit Loan or Permitted Acquisition Swingline Loan, (D) in the case of a Working Capital Revolving Credit Loan or Permitted Acquisition Loan, whether such Loan is the Loans are to be a LIBOR Rate Loan Loans or Base Rate LoanLoans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. (Charlotte time) 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

Sources: Credit Agreement (Amerigas Partners Lp)

Requests for Borrowing. The Borrower GTS, on behalf of the Borrowers, shall give the Administrative Agent irrevocable prior written notice in the form attached hereto as Exhibit B C-1 (a "Notice of Revolving Credit/Swingline Borrowing") not later than 11:00 a.m. (Charlotte time) (i) on the same Business Day for 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 each Base Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $250,000 in excess thereof, (y) with respect to LIBOR Rate Loan, Loans in a an aggregate principal amount of $2,000,000 or a whole multiple of $500,000 in excess thereof, thereof and (yz) with respect to each Base Rate Loan, Swingline Loans in a principal an aggregate principle amount of $1,000,000 500,000 or a whole multiple of $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 Working Capital Loan, Swingline Revolving Credit Loan or Permitted Acquisition Swingline Loan, (D) in the case of a Working Capital Revolving Credit Loan or Permitted Acquisition Loan, whether such Loan is the Loans are to be a LIBOR Rate Loan Loans or Base Rate LoanLoans, 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 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

Sources: Credit Agreement (GTS Duratek Inc)

Requests for Borrowing. 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 11:00 a.m. (Charlotte time) (i) on the same Business Day for 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 each LIBOR Base Rate Loan, Loans (other than Swingline Loans) in a an aggregate principal amount of $2,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to each Base Rate Loan, in a principal amount of $1,000,000 2,500,000 or a whole multiple of $100,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $2,500,000 or a whole multiple of $100,000 in excess thereof and (z) with respect to each Swingline Loan, Loans in a an aggregate principal amount of $250,000 50,000 or a whole multiple of $50,000 in excess thereof, (C) whether such Loan is to be a Working Capital Loan, Swingline Revolving Credit Loan or Permitted Acquisition Swingline Loan, (D) in whether the case of a Working Capital Loan or Permitted Acquisition Loan, whether such Loan is Revolving Credit Loans are to be a LIBOR Rate Loan Loans or Base Rate LoanLoans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 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 BorrowingBorrowing by telecopier (or by telephone promptly confirmed by telecopier).

Appears in 1 contract

Sources: Credit Agreement (DRS Technologies Inc)

Requests for Borrowing. The Borrower Company, on behalf of the Borrowers, 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 11:00 a.m. (Charlotte time) a.m. (i) on the same Business Day for as each Base CD 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 each LIBOR CD Rate Loan, Loans (other than Swingline Loans) in a an aggregate principal amount of $2,000,000 3,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof, (y) with respect to each Base LIBOR Rate Loan, Loans (other than Swingline Loans) in a an aggregate principal amount of $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 $100,000 or a whole multiple of $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 Working Capital Loan, Swingline Revolving Credit Loan or Permitted Acquisition Swingline Loan, (D) in the case of a Working Capital Revolving Credit Loan or Permitted Acquisition Loan, whether such Loan is the Loans are to be a LIBOR Rate Loan Loans or Base CD Rate LoanLoans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 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

Sources: 364 Day Credit Agreement (Family Dollar Stores Inc)

Requests for Borrowing. 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 11:00 a.m. 1:00 p.m. (Charlotte New York time) ) (i) on the same Business Day for 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 each LIBOR Base Rate Loan, Loans (other than Swingline Loans) in a an aggregate minimum principal amount of $2,000,000 or a whole multiple of $500,000 in excess thereof1,000,000, (y) with respect to each Base LIBOR Rate Loan, Loans in a an aggregate minimum principal amount of $1,000,000 or 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 $100,000 in excess thereofsuch installment, and (z) with respect to each Swingline Loan, Loans in a an aggregate principal amount of $250,000 100,000 or a whole multiple of $50,000 100,000 in excess thereof, (C) whether such Loan is to be a Working Capital Loan, Swingline Revolving Credit Loan or Permitted Acquisition Swingline Loan, (D) in the case of a Working Capital Revolving Credit Loan or Permitted Acquisition Loan, whether such Loan is the Loans are to be a LIBOR Rate Loan Loans or Base Rate LoanLoans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. 1:00 p.m. (Charlotte 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

Sources: Credit Agreement (Wackenhut Corrections Corp)

Requests for Borrowing. The Borrower Company, on behalf of the Borrowers, shall give the Administrative Agent irrevocable prior written notice in the form attached hereto as Exhibit B C-1 (a "Notice of Revolving Credit/Swingline Borrowing") not later than 11:00 a.m. (Charlotte time) (i) on the same Business Day for 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 each LIBOR Base Rate Loan, Loans in a an aggregate principal amount of $2,000,000 1,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to each Base LIBOR Rate Loan, Loans in a an aggregate principal amount of $1,000,000 3,000,000 or a whole multiple of $100,000 1,000,000 in excess thereof, thereof and (z) with respect to each Swingline Loan, Loans in a an aggregate principal amount of $250,000 50,000 or a whole multiple of $50,000 thereof in excess thereof, (C) whether such Loan is to be a Working Capital Loan, Swingline Revolving Credit Loan or Permitted Acquisition Swingline Loan, (D) in the case of a Working Capital Revolving Credit Loan or Permitted Acquisition Loan, whether such Loan is the Loans are to be a LIBOR Rate Loan Loans or Base Rate LoanLoans, 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 11:00 a.m. 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

Sources: Credit Agreement (Duratek Inc)

Requests for Borrowing. 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 11:00 a.m. (Charlotte time) 12:00 p.m. (i) on the same Business Day for as each Base 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 each LIBOR Base Rate Loan, Loans (other than Swingline Loans) in a an aggregate principal amount of $2,000,000 1,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to each Base LIBOR Rate Loan, Loans in a an aggregate principal amount of $1,000,000 2,000,000 or a whole multiple of $100,000 500,000 in excess thereof, thereof and (z) with respect to each Swingline Loan, Loans (other than Cash Management Swingline Loans) in a an aggregate principal amount of $250,000 100,000 or a whole multiple of $50,000 in excess thereof, (C) whether such Loan is to be a Working Capital Loan, Swingline Revolving Credit Loan or Permitted Acquisition Swingline Loan, (D) in the case of a Working Capital Loan or Permitted Acquisition Revolving Credit Loan, whether such Loan is the Loans are to be a LIBOR Rate Loan Loans or Base Rate LoanLoans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. (Charlotte time) 12:00 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

Sources: Credit Agreement (Lmi Aerospace Inc)

Requests for Borrowing. The Borrower Borrowers 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 11:00 a.m. (Charlotte time) a.m. (i) on the same Business Day for 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 each LIBOR Base Rate Loan, Loans (other than Swingline Loans) in a an aggregate principal amount of $2,000,000 1,000,000.00 or a whole multiple of $500,000 500,000.00 in excess thereof, (y) with respect to each Base LIBOR Rate Loan, Loans in a an aggregate principal amount of $1,000,000 2,000,000.00 or a whole multiple of $100,000 500,000.00 in excess thereof, thereof and (z) with respect to each Swingline Loan, Loans in a an aggregate principal amount of $250,000 100,000.00 or a whole multiple of $50,000 100,000.00 in excess thereof, (C) whether such Loan is to be a Working Capital Loan, Swingline Revolving Credit Loan or Permitted Acquisition Swingline Loan, (D) in the case of a Working Capital Loan or Permitted Acquisition Revolving Credit Loan, whether such Loan is the Loans are to be a LIBOR Rate Loan Loans or Base Rate LoanLoans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 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

Sources: Loan Agreement (Omega Protein Corp)

Requests for Borrowing. The 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 11:00 a.m. (Charlotte time) 12:00 p.m. (i) on the same Business Day 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 be, (x) with respect to each LIBOR Base Rate Loan, in a principal amount of $2,000,000 or a whole multiple of $500,000 in excess thereofLoans (other than Swingline Loans), (y1) with respect to each Base Rate Loan, in a an aggregate principal amount of $1,000,000 or a whole multiple of $100,000 500,000 in excess thereofthereof or (2) equal to the remaining available balance of the applicable Commitments, (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 each Swingline Loan, Loans in a an aggregate principal amount of $250,000 500,000 or a whole multiple of $50,000 100,000 in excess thereof, (C) whether such Loan is to be a Working Capital Loan, Swingline Revolving Credit Loan or Permitted Acquisition Swingline Loan, (D) in the case of a Working Capital Revolving Credit Loan or Permitted Acquisition Loan, whether such Loan is the Loans are to be a LIBOR Rate Loan Loans or Base Rate LoanLoans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. (Charlotte time) 12:00 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

Sources: Credit Agreement (Cross Country Healthcare Inc)

Requests for Borrowing. The 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 11:00 a.m. (Charlotte time) a.m. (i) on the same Business Day for 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 each LIBOR Base Rate Loan, Loans (other than Swingline Loans) in a an aggregate principal amount of no less than $2,000,000 3,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof, (y) with respect to each Base LIBOR Rate Loan, 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 in an aggregate principal amount of $1,000,000 500,000 or a whole multiple of $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 Working Capital Loan, Swingline Revolving Credit Loan or Permitted Acquisition Swingline Loan, (D) in the case of a Working Capital Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Permitted Acquisition Base Rate Loans, (E) in the case of a Swingline Loan, whether such Loan is the Loans are to be a LIBOR Rate Loan or Base Rate Loan, 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 11:00 a.m. (Charlotte time) 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

Sources: Credit Agreement (Macquarie Infrastructure Corp)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit B (a “Notice of Borrowing”) ), which may be given by telephone and promptly confirmed by fax or email, not later than 11:00 a.m. (Charlotte time) 1:00 p.m. (i) on the same Business Day for 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 Business Day 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) the amount of such borrowing, which shall be (x) with respect to each LIBOR Rate Loan, in a principal amount of $2,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to each Base Rate Loan, in a principal amount of $1,000,000 or a whole multiple of $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 Working Capital Revolving Credit Loan or a Swingline Loan; (C) if such Loan is an Alternative Currency Revolving Credit Loan, Swingline Loan or Permitted Acquisition Loan, (D) the applicable Alternative Currency in the case of a Working Capital Loan or Permitted Acquisition Loan, whether 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, and ; (E) in the case of 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, (1) 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, (2) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000, €5,000,000, CHF5,000,000, £5,000,000 or CAD$5,000,000 or a whole multiple of $1,000,000, €1,000,000, CHF1,000,000, £1,000,000 or CAD$1,000,000 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 the Notice of Borrowing requesting a Loan, then the Loan so requested shall be made in Dollars. A Notice of Borrowing received after 11:00 a.m. (Charlotte time) 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

Sources: Credit Agreement (Owens Corning)

Requests for Borrowing. The 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 11:00 a.m. (Charlotte Chicago time) (i) on the same Business Day for 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 each LIBOR Base Rate Loan, Loans in a an aggregate principal amount Dollar Amount of $2,000,000 3,000,000 or a whole multiple Dollar Amount of $500,000 1,000,000 in excess thereof, and (y) with respect to each Base LIBOR Rate Loan, Loans in a an aggregate principal amount Dollar Amount of $1,000,000 5,000,000 or a whole multiple Dollar Amount of $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 1,000,000 in excess thereof, (C) whether such Loan is the Loans are to be a Working Capital Loan, Swingline Loan LIBOR Rate Loans or Permitted Acquisition LoanBase Rate Loans, (D) in the case of a Working Capital Loan or Permitted Acquisition Loan, whether such Loan is to be a LIBOR Rate Loan or Base Rate Loan, and (E) 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 11:00 a.m. (Charlotte 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

Sources: Credit Agreement (Grainger W W Inc)

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

Appears in 1 contract

Sources: Credit Agreement (Choice One Communications Inc)

Requests for Borrowing. The Borrower Borrowers shall give the Administrative ---------------------- Agent irrevocable prior written notice in the form attached hereto as Exhibit B --------- (a "Notice of Borrowing") not later than 11:00 a.m. (Charlotte time) (i) on the same Business Day for 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 each Base Rate Loans in an aggregate principal amount of $500,000 or a whole multiple of $250,000 in excess thereof, (y) with respect to LIBOR Rate Loan, Loans in a an aggregate principal amount of $2,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to each Base Rate Loan, in a principal amount of $1,000,000 or a whole multiple of $100,000 in excess thereof, thereof and (z) with respect to each Swingline Loan, Loans in a an aggregate principal amount of $250,000 100,000 or a whole multiple of $50,000 any amount in excess thereof, (C) whether such Loan is to be a Working Capital Loan, Swingline Revolving Credit Loan or Permitted Acquisition a Swingline Loan, (D) in the case of a Working Capital Loan or Permitted Acquisition Revolving Credit Loan, whether such Loan is the Loans are to be a LIBOR Rate Loan Loans or Base Rate LoanLoans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 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

Sources: Credit Agreement (Choice One Communications Inc)

Requests for Borrowing. The 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 11:00 a.m. (Charlotte time) a.m. (i) on the same Business Day for 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 each LIBOR Base Rate Loan, Loans (other than Swingline Loans) in a an aggregate principal amount of $2,000,000 1,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to each Base LIBOR Rate Loan, Loans in a an aggregate principal amount of $1,000,000 or a whole multiple of $100,000 500,000 in excess thereof, thereof and (z) with respect to each Swingline Loan, Loans in a an aggregate principal amount of $250,000 500,000 or a whole multiple of $50,000 100,000 in excess thereof, (C) whether such Loan is to be a Working Capital Loan, Swingline Revolving Credit Loan or Permitted Acquisition Swingline Loan, (D) in the case of a Working Capital Revolving Credit Loan or Permitted Acquisition Loan, whether such Loan is the Loans are to be a LIBOR Rate Loan Loans or Base Rate LoanLoans, 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 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

Sources: Credit Agreement (Afc Enterprises Inc)

Requests for Borrowing. The Borrower Borrowers shall give the ---------------------- Administrative Agent irrevocable prior written notice in the form attached hereto as Exhibit B (a "Notice of Borrowing") not later than 11:00 a.m. --------- (Charlotte Philadelphia time) (i) on the same Business Day for as each Base Rate Loan and each Swingline Loan and or LIBO Market Index Rate Loan, (ii) at least three (3) Business Days before each LIBOR Rate Loan, and (iii) at least three(3) London Business Days before each Alternate Currency Loan, of its intention to borrow, specifying specifying: (A) the date of such borrowing, which shall be a Business Day, Day (and a London Business Day with respect to an Alternate Currency Loan); (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, (w) with respect to Base Rate Loans, in an aggregate principal amount of $250,000 or a whole multiple of $250,000 in excess thereof, (x) with respect to each LIBOR LIBO Market Index Rate LoanLoans, in a an aggregate principal amount of $2,000,000 500,000 or a whole multiple of $250,000 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 (yz) with respect to each Base Rate LoanEurodollar Loans, in a principal amount the Dollar Equivalent of $1,000,000 100,000 or a whole multiple of $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 Loans are to be Base Rate Loans, LIBO Market Index Rate Loans, LIBOR Rate Loans or Eurodollar Loans or, if a Working Capital Loancombination thereof, Swingline Loan or Permitted Acquisition Loan, the amount allocated to each; and (D) in the case of a Working Capital Loan or Permitted Acquisition Loan, whether such Loan is to be a LIBOR Rate Loan or Base Rate Loan, and (E) in the case of a LIBOR Rate Eurodollar Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing Notices received after 11:00 a.m. (Charlotte Philadelphia 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

Sources: Credit Agreement (Urban Outfitters Inc)

Requests for Borrowing. The 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 11:00 a.m. (Charlotte time) 12:00 noon (i) on the same Business Day for 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 each LIBOR Base Rate LoanLoans (other than Swingline Loans), in a an aggregate principal amount of $2,000,000 or a whole multiple of $500,000 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 each Base LIBOR Rate LoanLoans, in a an aggregate principal amount of $1,000,000 5,000,000 or a whole multiple of $100,000 1,000,000 in excess thereof, thereof and (z) with respect to each Swingline LoanLoans, in a an aggregate principal amount of $250,000 or a whole multiple of $50,000 100,000 in excess thereof, (C) whether such Loan is to be a Working Capital Loan, Swingline Revolving Credit Loan or Permitted Acquisition Swingline Loan, (D) in the case of a Working Capital Loan or Permitted Acquisition Revolving Credit Loan, whether such Loan is to be a LIBOR Rate Loan or a Base Rate Loan, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. (Charlotte time) 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

Sources: Credit Agreement (Fossil Inc)

Requests for Borrowing. The 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 11:00 a.m. (Charlotte time) 12:00 noon (i) on the same Business Day for 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 each LIBOR Base Rate Loan, Loans (other than Swingline Loans) in a an aggregate principal amount of $2,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof, (y) with respect to each Base LIBOR Rate Loan, Loans in a an aggregate principal amount of $1,000,000 3,000,000 or a whole multiple of $100,000 1,000,000 in excess thereof, thereof and (z) with respect to each Swingline Loan, Loans in a principal amount whole multiples of $250,000 or a whole multiple of $50,000 in excess thereof100,000, (C) whether such Loan is Loans are to be a Working Capital Loan, Revolving Credit Loans or Swingline Loan or Permitted Acquisition LoanLoans, (D) in the case of a Working Capital Loan or Permitted Acquisition Loan, Revolving Credit Loans whether such Loan is the Loans are to be a LIBOR Rate Loan Loans or Base Rate LoanLoans, and (E) in the case of a LIBOR Rate LoanLoans, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. (Charlotte time) 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

Sources: Credit Agreement (Corrections Corp of America)

Requests for Borrowing. The 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 11:00 a.m. (Charlotte time) a.m. (i) on the same Business Day for 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) the amount of such borrowing, which shall be (x) with respect to each LIBOR Rate Loan, in a principal amount of $2,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to each Base Rate Loan, in a principal amount of $1,000,000 or a whole multiple of $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 Working Capital Revolving Credit Loan or a Swingline Loan; (C) if such Loan is an Alternative Currency Revolving Credit Loan, Swingline Loan or Permitted Acquisition Loan, (D) the applicable Alternative Currency in the case of a Working Capital Loan or Permitted Acquisition Loan, whether 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, and ; (E) in the case of 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, (1) 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 (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), (2) with respect to LIBOR Rate Loans in an aggregate principal amount of $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, then the Loan so requested shall be made in Dollars. A Notice of Borrowing received after 11:00 a.m. (Charlotte time) 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

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

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice in the form attached hereto as Exhibit EXHIBIT B (a “Notice of Borrowing”"NOTICE OF BORROWING") not later than 11:00 a.m. (Charlotte time) (i) on the same Business Day for 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 each LIBOR Rate LoanLoans and Base Rate Loans, in a an aggregate principal amount of $2,000,000 3,000,000 or a whole multiple of $500,000 in excess thereof, and (y) with respect to each Base Rate Loan, Swingline Loans in a an aggregate principal amount of $1,000,000 500,000 or a whole multiple of $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 Working Capital Revolving Credit Loan, Swingline Loan or Permitted Acquisition Loan, (D) in the case of a Working Capital Revolving Credit Loan or Permitted Acquisition Loan, Loan whether such Loan is the Loans are to be a LIBOR Rate Loan Loans or Base Rate LoanLoans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 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

Sources: Credit Agreement (Suburban Propane Partners Lp)

Requests for Borrowing. The 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 11:00 a.m. (Charlotte Eastern time) (i) on the same Business Day for 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 each LIBOR Base Rate Loan, Loans (other than Swingline Loans) in a an aggregate principal amount of $2,000,000 1,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to each Base LIBOR Rate Loan, Loans in a an aggregate principal amount of $1,000,000 or a whole multiple of $100,000 500,000 in excess thereof, thereof and (z) with respect to each Swingline Loan, Loans in a an aggregate principal amount of $250,000 500,000 or a whole multiple of $50,000 100,000 in excess thereof, (C) whether such Loan is to be a Working Capital Loan, Swingline Revolving Credit Loan or Permitted Acquisition Swingline Loan, (D) in the case of a Working Capital Revolving Credit Loan or Permitted Acquisition Loan, whether such Loan is the Loans are to be a LIBOR Rate Loan Loans or Base Rate LoanLoans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. (Charlotte 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

Sources: Credit Agreement (Belk Inc)

Requests for Borrowing. The 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 “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 11:00 a.m. (Charlotte time) a.m. (i) on the same Business Day for 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 each LIBOR Base Rate Loan, Loans (other than Swingline Loans) in a an aggregate principal amount of $2,000,000 3,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof, (y) with respect to each Base LIBOR Rate Loan, Loans in a an aggregate principal amount of $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 $500,000 or a whole multiple of $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 Working Capital Loan, Swingline Revolving Credit Loan or Permitted Acquisition Swingline Loan, (D) in the case of a Working Capital Revolving Credit Loan or Permitted Acquisition Loan, whether such Loan is the Loans are to be a LIBOR Rate Loan Loans or Base Rate LoanLoans, 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 11:00 a.m. (Charlotte time) 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

Sources: Credit Agreement (Aci Worldwide, Inc.)

Requests for Borrowing. The 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 11:00 a.m. (Charlotte time) a.m. (i) on the same Business Day for 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 each LIBOR Base Rate Loan, Loans (other than Swingline Loans) in a an aggregate principal amount of $2,000,000 3,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof, (y) with respect to each Base LIBOR Rate Loan, Loans in a an aggregate principal amount of $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 $500,000 or a whole multiple of $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 Working Capital Loan, Swingline Revolving Credit Loan or Permitted Acquisition Swingline Loan, (D) in the case of a Working Capital Revolving Credit Loan or Permitted Acquisition Loan, whether such Loan is the Loans are to be a LIBOR Rate Loan Loans or Base Rate Loan, 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 11:00 a.m. (Charlotte time) 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

Sources: Credit Agreement (Ubiquiti Inc.)

Requests for Borrowing. The 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 11:00 a.m. (Charlotte time) 1:00 p.m. (i) on the same Business Day for 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 each LIBOR Rate Loan, in a principal amount of $2,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to each Base Rate Loan, Loans (other than Swingline Loans) in a an aggregate principal amount of $1,000,000 or a whole multiple of $100,000 1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to each Swingline Loan, Loans in a an aggregate principal amount of $250,000 500,000 or a whole multiple of $50,000 100,000 in excess thereof, (C) whether such Loan is to be a Working Capital Revolving Credit Loan, Swingline Term Credit Loan or Permitted Acquisition Swingline Loan, (D) in the case of a Working Capital Revolving Credit Loan or Permitted Acquisition Loan, Term Credit Loan whether such Loan is the Loans are to be a LIBOR Rate Loan Loans or Base Rate LoanLoans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. (Charlotte time) 1:00 p.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders and Term Credit Lenders, as applicable, of each Notice of Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Blucora, Inc.)

Requests for Borrowing. The Borrower shall give the ---------------------- Administrative Agent irrevocable prior written notice in the form attached hereto as Exhibit B (a "Notice of Borrowing") not later than 11:00 a.m. --------- (Charlotte time) ) (i) on the same Business Day 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 each LIBOR Rate Loan, in a principal amount of $2,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to each Base Rate Loan, in a principal amount of $1,000,000 or a whole multiple of $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 Working Capital Loan, Swingline Loan or Permitted Acquisition Loan, (D) in the case of a Working Capital Loan or Permitted Acquisition Loan, whether such Loan is the Loans are to be a LIBOR Rate Loan Loans or Base Rate LoanLoans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 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

Sources: Credit Agreement (Inergy L P)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice in the form attached hereto as Exhibit B (a "Notice of Borrowing") not later than 11:00 a.m. 12:00 noon (Charlotte time) ) (i) on the same Business Day for 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 each LIBOR Rate Loan, Loans in a an aggregate principal amount of $2,000,000 10,000,000 or a whole multiple of $500,000 5,000,000 in excess thereof, (y) thereof and with respect to each Base Rate Loan, Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and with respect to Swingline Loans in an aggregate principal amount of $1,000,000 or a whole multiple multiples of $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 1,000,000 in excess thereof, (C) whether such Loan is the Loans are to be a Working Capital Loan, Revolving Credit Loans or Swingline Loan or Permitted Acquisition LoanLoans, (D) in the case of a Working Capital Loan or Permitted Acquisition LoanRevolving Credit Loans, whether such Loan is the Loans are to be a LIBOR Rate Loan Loans or Base Rate LoanLoans, 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 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

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