Requests for Borrowing. 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. (Eastern time) (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to Swingline Loans (other than Swingline Loans deemed requested pursuant to the Swingline Side Letter) in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. (Eastern time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.
Appears in 2 contracts
Sources: Credit Agreement (Belk Inc), Credit Agreement (Belk Inc)
Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers 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. (Eastern Chicago time) (i) on the same Business Day as each of a proposed borrowing comprised of Base Rate Loan and each Swingline Loan Loans and (ii) at least three (3) Business Days before each prior to the proposed borrowing date in the case of a borrowing comprised of LIBOR Rate LoanLoans, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 3,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof, and (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 5,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to Swingline Loans (other than Swingline Loans deemed requested pursuant to the Swingline Side Letter) in an aggregate principal amount of $100,000 or a whole multiple of $100,000 1,000,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (ED) in the case of a LIBOR Rate Loan, the duration of the LIBOR Interest Period applicable thereto; provided, that in the case of a borrowing comprised of LIBOR Rate Loans on the Closing Date, the Borrower shall also deliver to the Administrative Agent with any Notice of Borrowing a LIBOR funding indemnity letter in form and substance reasonably acceptable to the Administrative Agent. A Notice of Borrowing received after 11:00 a.m. (Eastern 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. 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. (Eastern time) (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to Swingline Loans (other than Swingline Loans deemed requested pursuant to the Swingline Side Letter) in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. (Eastern time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.
Appears in 2 contracts
Sources: Credit Agreement (Belk Inc), Credit Agreement (Belk Inc)
Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers 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. (Eastern time) a.m.
(i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be, be (x1) with respect to Base Rate Loans (other than Swingline Loans) ), in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, provided that any borrowing of Base Rate Loans may be in an aggregate amount that is equal to the entire unused balance of the Revolving Credit Commitment or that is required to finance the amount of a reimbursement obligation under a Letter of Credit, (y2) with respect to LIBOR Rate Loans Loans, in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z3) with respect to Swingline Loans (other than Swingline Loans deemed requested pursuant to the Swingline Side Letter) Loans, in an aggregate principal amount of $100,000 500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan, whether such Loan whether the Loans are is to be a LIBOR Rate Loans Loan or a Base Rate LoansLoan, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. (Eastern 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. With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers 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. (Eastern time) 12:00 p.m.
(i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate 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, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 3,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 5,000,000 or a whole multiple of $500,000 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 $100,000 500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 11:00 a.m. (Eastern 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. With The U.S. Borrower, on behalf of the exception of Swingline Loans deemed requested pursuant to the Swingline Side LetterApplicable Borrower, 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. (Eastern time) 1:00 p.m.
(i) on the same Business Day as each Base Rate Loan and each Swingline Loan and Loan, (ii) at least three (3) Business Days before each LIBOR Rate Loan denominated in Dollars and (iii) at least four (4) Business 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) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan;
(C) if such Loan is an Alternative Currency Revolving Credit Loan, the applicable Alternative Currency in which such Loan is to be funded;
(D) if such Loan is a Revolving Credit Loan denominated in Dollars, whether such Revolving Credit Loan shall be a LIBOR Rate Loan or a Base Rate Loan;
(E) if such Loan is a LIBOR Rate Loan, the duration of the Interest Period applicable thereto; and
(F) the amount of such borrowing, which shall be, (x1) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 3,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof, (y2) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 5,000,000, €5,000,000, CHF5,000,000, £5,000,000 or CAD$5,000,000 or a whole multiple of $500,000 1,000,000, €1,000,000, CHF1,000,000, £1,000,000 or CAD$1,000,000 in excess thereof and or (z3) with respect to Swingline Loans (other than Swingline Loans deemed requested pursuant to the Swingline Side Letter) in an aggregate principal amount of $100,000 500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is . If the U.S. Borrower fails to be specify a Revolving Credit Loan or Swingline currency in the Notice of Borrowing requesting a Loan, (D) then the Loan so requested shall be made in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable theretoDollars. A Notice of Borrowing received after 11:00 a.m. (Eastern 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. With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit B A-5 (a "“Notice of Borrowing"”) not later than 11:00 a.m. (Eastern time) 12:00 p.m.
(i) on the same Business Day as each Base Rate ABR Loan and each Swingline Loan and Loan, (ii) at least three (3) Business Days before each LIBOR Rate Eurodollar Loan and (iii), subject to Section 1.05, at least four (4) Business Days before each Eurocurrency Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) whether the Loan shall be denominated in dollars or an Alternative Currency, (C) if such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, (D) the amount of such borrowing, which shall bebe in an amount equal to the amount of the Revolving Commitment or the Alternative Currency Commitment, as applicable, then available to the Borrower, or if less, (x1) with respect to Base Rate ABR Loans (other than and Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to Swingline Loans (other than Swingline Loans deemed requested pursuant to the Swingline Side Letter) in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, and (C2) with respect to Eurodollar Loans and Eurocurrency Loans, in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 (or the Alternative Currency Amount thereof, as applicable) in excess thereof, (E) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan, Loan and (DF) in the case of a Revolving Credit Eurodollar Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Eurocurrency Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. (Eastern 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 2 contracts
Sources: Senior Unsecured Revolving Credit Agreement (Choice Hotels International Inc /De), Senior Unsecured Revolving Credit Agreement (Choice Hotels International Inc /De)
Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers 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. (Eastern time) (i) 4:00 p.m. Eastern time on the same Business Day as each Swingline Loan, (ii) noon Eastern time on the same Business Day as each Base Rate Loan and each Swingline Loan and (iiiii) noon Eastern time on a day that is at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 2,500,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to or, in the case of Swingline Loans (other than Swingline Loans deemed requested pursuant to the Swingline Side Letter) in an aggregate principal amount of Loans, $100,000 500,000 or a whole multiple of $100,000 in excess thereof), (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. (Eastern time) the time set forth herein 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 (Blackhawk Network Holdings, Inc), Credit Agreement (Blackhawk Network Holdings, Inc)
Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers 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. (Eastern time) a.m.
(i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 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 LIBOR Rate Loans in an aggregate principal amount of $1,000,000 5,000,000 or a whole multiple of $500,000 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 (other than Swingline Loans deemed requested pursuant to the Swingline Side Letter) in an aggregate principal amount of $100,000 500,000 or a whole multiple of $100,000 in excess thereofthereof (or, if less, the remaining available amount of the Swingline Commitment), (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are such Loan is to be a LIBOR Rate Loans Loan or a Base Rate LoansLoan, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 11:00 a.m. (Eastern time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.
Appears in 2 contracts
Sources: Credit Agreement (Salesforce Com Inc), Credit Agreement (Salesforce Com Inc)
Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers 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. (Eastern time) noon (i) on the same Business Day as each Swingline Loan, (ii) at least one (1) Business Day before each Base Rate Loan and each (other than a Swingline Loan Loan), and (iiiii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) ), must be in an aggregate principal amount of $1,000,000 500,000 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 LIBOR Rate Loans Loans, must be in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to Swingline Loans (other than Swingline Loans deemed requested pursuant to the Swingline Side Letter) in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, and (z) with respect to Swingline Loans, may be in any amount, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. (Eastern 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. With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers 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. (Eastern time) (i) on the same Business Day as each Base Rate Loan, each LIBOR Market Index Rate Loan and each Swingline Loan (other than Cash Management Swingline Loans) and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans and LIBOR Market Index Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 500,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 500,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to Swingline Loans (other than Cash Management Swingline Loans deemed requested pursuant to the Swingline Side LetterLoans) in an aggregate principal amount of $100,000 500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans, LIBOR Market Index Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. (Eastern 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 (Merit Medical Systems Inc), Credit Agreement (Merit Medical Systems Inc)
Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers 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. (Eastern time) a.m.
(i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 3,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 5,000,000 or a whole multiple of $500,000 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 $100,000 500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto; provided that if the Borrower wishes to request LIBOR Rate Loans having an Interest Period of twelve months in duration, such notice must be received by the Administrative Agent not later than 11:00 a.m. four (4) Business Days prior to the requested date of such borrowing, whereupon the Administrative Agent shall give prompt notice to the Revolving Credit Lenders of such request and determine whether the requested Interest Period is acceptable to all of them. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 11:00 a.m. (Eastern 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 (Copart Inc), Credit Agreement (Copart Inc)
Requests for Borrowing. With the exception To request a Revolving Loan or a Swingline Loan on behalf of Swingline Loans deemed requested pursuant to the Swingline Side Lettera Borrower, the Borrowers 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. (Eastern time) a.m.
(i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Eurodollar Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 2,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to LIBOR Eurodollar Rate Loans in an aggregate principal amount of $1,000,000 2,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to Swingline Loans (other than Swingline Loans deemed requested pursuant to the Swingline Side Letter) in an aggregate principal amount of $100,000 or a whole multiple of $100,000 25,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan Loan, whether the Loans are to be LIBOR Eurodollar Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Eurodollar Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. (Eastern 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. With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers 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. (Eastern time) 12:00 noon (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be, be (x) with respect to Base Rate Loans (other than Swingline Loans) ), in an aggregate principal amount of $1,000,000 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 LIBOR Rate Loans Loans, in an aggregate principal amount of $1,000,000 5,000,000 or a whole multiple of $500,000 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) Loans, in an aggregate principal amount of $100,000 250,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan, whether such Loan whether the Loans are is to be a LIBOR Rate Loans Loan or a Base Rate LoansLoan, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 11:00 a.m. (Eastern 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 2 contracts
Sources: Credit Agreement (Fossil Group, Inc.), Credit Agreement (Fossil Group, Inc.)
Requests for Borrowing. With GTS, on behalf of the exception of Swingline Loans deemed requested pursuant to the Swingline Side LetterBorrowers, the Borrowers shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit B C-1 (a "Notice of Revolving Credit/Swingline Borrowing") not later than 11:00 a.m. (Eastern Charlotte time) (i) on the same Business Day as each Swingline Loan, (ii) at least one (1) Business Day before each Base Rate Loan and each Swingline Loan and (iiiii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall bebe in an amount equal to the amount of the Aggregate Commitment then available to the Borrowers, or if less, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 250,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 2,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to Swingline Loans (other than Swingline Loans deemed requested pursuant to the Swingline Side Letter) in an aggregate principal principle amount of $100,000 500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing Notices received after 11:00 a.m. (Eastern 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. With the exception of Swingline Loans deemed requested pursuant to the Swingline Side LetterSection 2.2(b) hereof, the Borrowers 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. (Eastern time) a.m.
(i) on the same Business Day as each Base Rate Loan and each Swingline Loan requested under this Section 2.3(a) and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall bebe in an amount equal to the amount of the Aggregate Commitment then available to the Borrower, or if less, (x) with respect to Base Rate Loans (other than the Swingline LoansLoans requested pursuant to this Section 2.3(a)) in an aggregate principal amount of $1,000,000 3,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof and (z) with respect to the Swingline Loans (other than Swingline Loans deemed requested pursuant to the Swingline Side Letterthis Section 2.3(a) in an aggregate principal amount of $100,000 500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the LIBOR Interest Period applicable thereto. A Any Notice of Borrowing received after 11:00 a.m. (Eastern time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.
Appears in 1 contract
Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers 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. (Eastern time) (i) on the same Business Day as each requested date of any Borrowing of Base Rate Loan and Loans or Swingline Loans and, (ii) at least five (5) U.S. Government Securities Business Days before each Swingline Loan Borrowing of Daily Simple SOFR Loans and (iiiii) at least three (3) U.S. Government Securities Business Days before each the requested date of any Borrowing of LIBOR Rate LoanRateTerm SOFR Loans, of its intention to borrow, specifying (A) the date of such borrowingBorrowing, which shall be a Business Day, (B) the amount of such borrowingBorrowing, which shall be, (x) with respect to a Borrowing of Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 500,000 or a whole multiple of $500,000 100,000 in excess thereof, (y) with respect to a Borrowing of LIBOR Rate RateSOFR 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 a Borrowing of Swingline Loans (other than Swingline Loans deemed requested pursuant to the Swingline Side Letter) in an aggregate principal amount of $100,000 25,000 or a whole multiple of $100,000 10,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case Type of a Revolving Credit Loan whether the Loans are to be LIBOR Rate borrowed (provided that all Swingline Loans or shall be Base Rate Loans), and (E) in the case of a Borrowing of LIBOR Rate LoanRateTerm SOFR Loans, the duration of the Interest Period applicable thereto. If the Borrower requests a Borrowing of a Term SOFR Loan in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 11:00 a.m. (Eastern time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.Day or U.S.
Appears in 1 contract
Requests for Borrowing. With The Company, on behalf of the exception of Swingline Loans deemed requested pursuant to the Swingline Side LetterCo-Borrowers, 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. (Eastern Charlotte time) (i) on the same Business Day as date of borrowing with respect to each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, and (iii) at least four (4) Business Days before each Foreign Currency Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall beshall, (x) with respect to Base LIBOR Rate Loans (other than Swingline Loans) , be in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof, with respect to Foreign Currency Loans, have a minimum Assigned Dollar Value of $1,000,000 or a whole multiple of $500,000 1,000,000 of Assigned Dollar Value in excess thereof, (y) and, with respect to LIBOR Base Rate Loans Loans, be in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to Swingline Loans (other than Swingline Loans deemed requested pursuant to the Swingline Side Letter) in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is the Loans are to be a Revolving Credit Loan LIBOR Rate Loans, Base Rate Loans, or Swingline LoanForeign Currency Loans and, if Foreign Currency Loans, whether the borrowings are to be in British pounds sterling, French francs, or German marks, and (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans Loan or Base Rate Loans, and (E) in the case of a LIBOR Rate Foreign Currency Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing Notices received after 11:00 a.m. (Eastern 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
Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers 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"”) (i) not later than 11:00 a.m. (Eastern time) (i) 12:00 p.m. on the same Business Day as each Base Rate Loan and Loan, (ii) not later than 1:00 p.m. on the same Business Day as each Swingline Loan and (iiiii) not later than 12:00 p.m. at least three (3) U.S. Government Securities Business Days before each LIBOR Rate SOFR Loan, of its the Borrower’s intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 10,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof, (y) with respect to LIBOR Rate SOFR Loans in an aggregate principal amount of $1,000,000 10,000,000 or a whole multiple of $500,000 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 1,000,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate SOFR Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate SOFR Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. (Eastern time) the applicable deadline set forth in the preceding sentence 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 (DCP Midstream, LP)
Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers 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. (Eastern time) a.m.
(i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate LoanLoan (provided that the Borrower may request, no later than two (2) Business Days prior to the Closing Date, that the Lenders make Revolving Credit Loans that are LIBOR Rate Loans on the Closing Date if the Borrower has delivered to the Administrative Agent a letter in form and substance reasonably satisfactory to the Administrative Agent indemnifying the Lenders in the manner set forth in Section 5.9 of this Agreement), of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be, (x) other than with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (zy) with respect to Swingline Loans (other than Swingline Loans deemed requested pursuant to the Swingline Side Letter) in an aggregate principal amount of $100,000 500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto; provided that if the Borrower wishes to request LIBOR Rate Loans having an Interest Period of nine or twelve months (or any period less than one month) in duration, such notice must be received by the Administrative Agent not later than 11:00 a.m. three (3) Business Days prior to the requested date of such borrowing, whereupon the Administrative Agent shall give prompt notice to the Revolving Credit Lenders of such request and determine whether the requested Interest Period is acceptable to all of them. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 11:00 a.m. (Eastern 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
Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to the Swingline Side LetterSection 2.2(b) hereof, the Borrowers 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. (Eastern Charlotte time) (i) on the same Business Day as each Base Rate Loan and each Swingline Loan requested under this Section 2.3(a) and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall bebe in an amount equal to the amount of the Aggregate Commitment then available to the Borrower, or if less, (x) with respect to Base Rate Loans (other than the Swingline LoansLoans requested pursuant to this Section 2.3(a)) in an aggregate principal amount of $1,000,000 3,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof and (z) with respect to the Swingline Loans (other than Swingline Loans deemed requested pursuant to the Swingline Side Letterthis Section 2.3(a) in an aggregate principal amount of $100,000 500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Any Notice of Borrowing received after 11:00 a.m. (Eastern 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
Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers 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. (Eastern time) 12:00 noon (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 2,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 3,000,000 or a whole multiple of $500,000 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 whole multiples of $100,000 or a whole multiple of $100,000 in excess thereof100,000, (C) whether such Loan is Loans are to be a Revolving Credit Loan Loans or Swingline LoanLoans, (D) in the case of a Revolving Credit Loan Loans whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate LoanLoans, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. (Eastern 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
Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the 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. --------- (Eastern Philadelphia time) (i) on the same Business Day 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 bebe 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 Base LIBO Market Index Rate Loans (other than Swingline Loans) , in an aggregate principal amount of $1,000,000 500,000 or a whole multiple of $500,000 250,000 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 thereof, and (z) with respect to Swingline Loans (other than Swingline Loans deemed requested pursuant to Eurodollar Loans, the Swingline Side Letter) in an aggregate principal amount Dollar Equivalent of $100,000 or a whole multiple of $100,000 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 Revolving Credit Loan or Swingline Loancombination thereof, the amount allocated to each; and (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans Loan or Base Rate Loans, and (E) in the case of a LIBOR Rate Eurodollar Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing Notices received after 11:00 a.m. (Eastern 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
Requests for Borrowing. With The Company, on behalf of the exception of Swingline Loans deemed requested pursuant to the Swingline Side LetterCo-Borrowers, 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. (Eastern Atlanta time) (i) on the same Business Day as date of borrowing with respect to each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, and (iii) at least four (4) Business Days before each Foreign Currency Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall beshall, (x) with respect to Base LIBOR Rate Loans (other than Swingline Loans) , be in an aggregate principal amount of $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof, (y) with respect to LIBOR Foreign Currency Loans, be denominated in the applicable Foreign Currency and be in increments of 100,000 units of such Foreign Currency (such amount to have an approximate minimum Assigned Dollar Value of $1,000,000), and, with respect to Base Rate Loans Loans, be in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to Swingline Loans (other than Swingline Loans deemed requested pursuant to the Swingline Side Letter) in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is the Loans are to be a Revolving Credit Loan LIBOR Rate Loans, Base Rate Loans, or Swingline LoanForeign Currency Loans, and (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans Loan or Base Rate Loans, and (E) in the case of a LIBOR Rate Foreign Currency Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing Notices received after 11:00 a.m. (Eastern Atlanta time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.
Appears in 1 contract
Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit B (a "Notice of Borrowing") Borrowing for the Initial Term Loans or any Series of Incremental Term Loans not later than 11:00 a.m. 1:00 p.m. (Eastern New York time) (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business DayDay (and, in the case of the Initial Term Loans, the Closing Date), (B) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate minimum principal amount of One Million Dollars ($1,000,000 or a whole multiple of $500,000 in excess thereof, 1,000,000) and (y) with respect to LIBOR Rate Loans in an aggregate minimum principal amount of Two Million Five Hundred Thousand Dollars ($1,000,000 or a whole multiple of $500,000 in excess thereof and (z2,500,000) with respect to Swingline Loans (other than Swingline Loans deemed requested pursuant to the Swingline Side Letter) in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (ED) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto, and (E) in the case of the Initial Term Loans, whether it has elected to borrow such Term Loans prior to the Acquisition Date (a “Pre-Acquisition Funding Election”). A Notice of Borrowing received after 11:00 a.m. 1:00 p.m. (Eastern New York time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing. Notwithstanding anything to the contrary, however, if the Borrower fails to deliver a Notice of Borrowing for the Initial Term Loans on the day required pursuant to this Section 4.2(a), the Borrower shall be deemed to have: (1) requested Initial Term Loans in an aggregate principal amount equal to the aggregate Initial Term Loan Commitment, (2) elected that the Initial Term Loans are to be Base Rate Loans and (3) made the Pre-Acquisition Funding Election.
Appears in 1 contract
Sources: Credit Agreement (Geo Group Inc)
Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit B C (a "Notice of Borrowing") ), not later than 11:00 a.m. (Eastern Charlotte time) )
(i) on the same at least one (1) Business Day before the Revolving Credit Loans are to be advanced in the event that the Revolving Credit Loans will initially be made as each Base Rate Loan and each Swingline Loan Loans, (ii) at least two (2) Business Days before the Revolving Credit Loans are to be advanced in the event that the Revolving Credit Loans will initially be made as CD Rate Loans, and (iiiii) at least three (3) Business Days before each the Revolving Credit Loans are to be advanced in the event that the Revolving Credit Loans will initially be made as LIBOR Rate LoanLoans, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be, be (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, and (y) with respect to LIBOR Fixed Rate Loans in an aggregate principal amount of $1,000,000 5,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to Swingline Loans (other than Swingline Loans deemed requested pursuant to the Swingline Side Letter) in an aggregate principal amount of $100,000 or a whole multiple of $100,000 1,000,000 in excess thereof, (C) whether such Loan is the Revolving Credit Loans are initially to be a Revolving Credit Loan Base Rate Loans, CD Rate Loans or Swingline LoanLIBOR Rate Loans, and (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR CD Rate Loans or Base LIBOR Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the initial Interest Period applicable thereto. A Notice of Borrowing Notices received after 11:00 a.m. (Eastern Charlotte time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of its receipt of each Notice of Borrowing. The Borrower acknowledges and agrees that no Revolving Credit Loans shall be permitted to bear interest based on the CD Rate or the LIBOR Rate until three (3) Business Days after the Closing Date.
Appears in 1 contract
Sources: Credit Agreement (Markel Corp)
Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers The Borrower shall give the Administrative Agent irrevocable prior written notice substantially (or telephonic notice confirmed by written notice) in the form attached hereto as Exhibit EXHIBIT B (a "Notice of BorrowingNOTICE OF BORROWING") not later than 11:00 a.m. (Eastern New York time) (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate LoanNew Facility Loan (except in the case of the New Facility Loans, if any, to be made by the Tranche A New Facility Lender pursuant to Section 3.2(c) below), of its intention to borrow, a proposed borrowing specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, borrowing which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) be in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 250,000 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 (z) with respect to Swingline Loans (other than Swingline Loans deemed requested pursuant to the Swingline Side Letter) in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Each Notice of Borrowing delivered by the Borrower under this Section 3.2(a) in respect of New Facility Loans under the Tranche B New Facility Commitment shall be accompanied by a signed counterpart of a joint letter of instruction to the Depositary to request the Depositary to transfer proceeds from the Escrow Account in an amount equal to (x) the amount of New Facility Loans requested in by Notice of Borrowing to be made under the Tranche B New Facility Commitment multiplied by (y) the ratio of the Tranche A New Facility Commitment divided by the Tranche B New Facility Commitments. Notices received after 11:00 a.m. (Eastern New York time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the New Facility Lenders of each Notice of Borrowing.
Appears in 1 contract
Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers 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. (Eastern time) (i) 11:00 a.m. on the same Business Day as each Base Rate Loan and Loan, (ii) 11:00 a.m. on the same Business Day as each Swingline Loan and (iiiii) 11:00 a.m. at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 100,000 or a whole multiple of $500,000 100,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 100,000 in excess thereof and (z) with respect to Swingline Loans (other than Swingline Loans deemed requested pursuant to the Swingline Side Letter) in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 11:00 a.m. (Eastern 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
Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the The applicable Borrower or Borrowers shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit EXHIBIT B (a "Notice of Borrowing") not later than 11:00 a.m. (Eastern Charlotte time) (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) whether such Loan shall be denominated in Dollars or in Sterling, (C) the amount of such borrowing, which shall bebe with respect to LIBOR Rate Loans denominated in Dollars in an aggregate principal amount of $2,500,000 or a whole multiple of $1,000,000 in excess thereof (and with respect to Loans denominated in Sterling, (x) the Dollar Amount in each case thereof), and with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to Swingline Loans (other than Swingline Loans deemed requested pursuant to the Swingline Side Letter) in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) if denominated in the case of a Revolving Credit Loan Dollars, whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, Loans and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing Notices received after 11:00 a.m. (Eastern 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 (Acc Corp)
Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers The Borrower shall give the Administrative Agent irrevocable prior written notice substantially (or telephonic notice promptly confirmed in writing) in the form attached hereto as Exhibit B (a "Notice of Borrowing") not later than 11:00 a.m. (Eastern New York time) (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and Loan, (ii) at least one Business Day before each proposed borrowing of Base Rate Loans and (iii) at least three (3) Business Days before each LIBOR Rate Loanproposed borrowing of Eurodollar Loans, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be, (x) with respect to Base Rate Revolving Credit Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to LIBOR Rate Loans shall be in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to Swingline for Base Rate Loans (other than Swingline provided that the foregoing minimums shall not apply if the Revolving Credit Loans deemed requested are being made pursuant to the Swingline Side LetterSection 2.2(b) in and an aggregate principal amount of $100,000 5,000,000 or a whole multiple of $100,000 1,000,000 in excess thereofthereof for Eurodollar Loans, (C) whether such Loan is Loans are to be a Revolving Credit Loan Loans or a Swingline Loan, (D) in the case of a Revolving Credit Loan Loans, whether the Loans are to be LIBOR Rate Eurodollar Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate LoanEurodollar Loans, the duration of the Interest Period applicable thereto. A Notice of Borrowing Notices received after 11:00 a.m. (Eastern New York time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of BorrowingBorrowing with respect to Revolving Credit Loans.
Appears in 1 contract
Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers The Borrower shall give the Administrative Agent irrevocable prior written notice substantially (or telephonic notice confirmed by written notice) in the form attached hereto as Exhibit B C-1 (a "Notice of Revolving Credit Loan Borrowing") not later than 11:00 a.m. (Eastern Charlotte time) (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, (y) be with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 250,000 or a whole multiple of $500,000 100,000 in excess thereof and (z) with respect to Swingline Base Rate Loans (other than Swingline Loans deemed requested pursuant to the Swingline Side Letter) in an aggregate principal amount of $100,000 250,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a the Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate LoansLoans (provided that LIBOR Rate Loans shall not be available until three (3) Business Days after the Effective Date, and (ED) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing Notices received after 11:00 a.m. (Eastern 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. With The Company, on behalf of the exception of Swingline Loans deemed requested pursuant to the Swingline Side LetterBorrowers, the Borrowers shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit B C-1 (a "Notice of Revolving Credit/Swingline Borrowing") not later than 11:00 a.m. (Eastern Charlotte time) (i) on the same Business Day as each Swingline Loan or Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall bebe in an amount equal to the amount of the Aggregate Commitment then available to the Borrowers, or if less, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 3,000,000 or a whole multiple of $500,000 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 50,000 or a whole multiple of $100,000 thereof in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing Notices received after 11:00 a.m. 11:00
a. m. (Eastern 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. With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers 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. (Eastern time) 12:00 noon (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 2,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 3,000,000 or a whole multiple of $500,000 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 whole multiples of $100,000 or a whole multiple of $100,000 in excess thereof100,000, (C) whether such Loan is Loans are to be a Revolving Credit Loan Loans or Swingline LoanLoans, (D) in the case of a Revolving Credit Loan Loans whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate LoanLoans, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. (Eastern 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
Requests for Borrowing. With The Company, on behalf of the exception of Swingline Loans deemed requested pursuant to the Swingline Side LetterBorrowers, 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. (Eastern Charlotte time) (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall bebe in an amount equal to the amount of the Revolving Credit Commitment then available to the Borrowers, or if less, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 500,000 or a whole multiple of $500,000 50,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 3,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to Swingline Loans (other than Swingline Loans deemed requested pursuant to the Swingline Side Letter) in an aggregate principal amount of $100,000 or a whole multiple of $100,000 50,000 in excess thereof (provided that Swingline Loans being made pursuant to the SweepPlus Program may be in a minimum amount of $1,000 or any increment thereof), (C) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan, (D) in the case of a Revolving Credit Loan, whether such Loan whether the Loans are is to be a LIBOR Rate Loans Loan or a Base Rate Loans, Loan and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing Notices received after 11:00 a.m. (Eastern 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
Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers The Borrower shall give the Administrative Agent irrevocable prior written notice (or telephonic notice, confirmed in writing), such written notice or written confirmation to be substantially in the form attached hereto as Exhibit B (a "Notice of Borrowing") not later than 11:00 a.m. (Eastern Charlotte time) (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 250,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 5,000,000 or a whole multiple of $500,000 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, (C) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. (Eastern 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 (Rare Hospitality International Inc)
Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers 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 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. (Eastern Charlotte time) at least one (i1) on the same Business Day as before each Revolving Credit Loan which is initially to be a Base Rate Loan and each Swingline Loan is to be made and (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 bebe in an amount equal to the amount of the Aggregate Revolving Credit Commitment then available to the Borrower, or if less, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 5,000,000 or a whole multiple of $500,000 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 principle amount of $100,000 500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan, (D) in the case of a Revolving Credit Loan Loan, whether the Loans are initially to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the initial Interest Period applicable thereto. A Notice of Borrowing Notices received after 12:00 noon (Charlotte time) in the case of Swingline Loans or 11:00 a.m. (Eastern 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
Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers 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. (Eastern time) a.m.
(i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 500,000 or a whole multiple of $500,000 250,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 500,000 or a whole multiple of $500,000 250,000 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 50,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 11:00 a.m. (Eastern time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.
Appears in 1 contract
Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers 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. (Eastern Charlotte time) )
(i) on the same at least one (1) Business Day before the Revolving Credit Loans are to be advanced in the event that the Revolving Credit Loans will initially be made as each Base Rate Loan and each Swingline Loan Loans, (ii) at least two (2) Business Days before the Revolving Credit Loans are to be advanced in the event that the Revolving Credit Loans will initially be made as CD Rate Loans, and (iiiii) at least three (3) Business Days before each the Revolving Credit Loans are to be advanced in the event that the Revolving Credit Loans will initially be made as LIBOR Rate LoanLoans, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be, be (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, and (y) with respect to LIBOR Fixed Rate Loans in an aggregate principal amount of $1,000,000 5,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to Swingline Loans (other than Swingline Loans deemed requested pursuant to the Swingline Side Letter) in an aggregate principal amount of $100,000 or a whole multiple of $100,000 1,000,000 in excess thereof, (C) whether such Loan is the Revolving Credit Loans are initially to be a Revolving Credit Loan Base Rate Loans, CD Rate Loans or Swingline LoanLIBOR Rate Loans, and (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR CD Rate Loans or Base LIBOR Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the initial Interest Period applicable thereto. A Notice of Borrowing Notices received after 11:00 a.m. (Eastern Charlotte time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of its receipt of each Notice of Borrowing. The Borrower acknowledges and agrees that no Revolving Credit Loans shall be permitted to bear interest based on the CD Rate or the LIBOR Rate until three (3) Business Days after the Closing Date.
Appears in 1 contract
Sources: Credit Agreement (Markel Corp)
Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit B (a "Notice of Borrowing") Borrowing for the Initial Term Loans or any Series of Incremental Term Loans not later than 11:00 a.m. 1:00 p.m. (Eastern New York time) (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business DayDay (and, in the case of the Initial Term Loans, the Closing Date), (B) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) , in an aggregate minimum principal amount of One Million Dollars ($1,000,000 or a whole multiple of $500,000 in excess thereof, 1,000,000) and (y) with respect to LIBOR Rate Loans Loans, in an aggregate minimum principal amount of Two Million Five Hundred Thousand Dollars ($1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to Swingline Loans (other than Swingline Loans deemed requested pursuant to the Swingline Side Letter) in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof2,500,000), (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, Loans and (ED) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. 1:00 p.m. (Eastern New York time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing. Notwithstanding anything to the contrary, however, if the Borrower fails to deliver a Notice of Borrowing for the Initial Term Loans on the day required pursuant to this Section 4.2(a), the Borrower shall be deemed to have: (1) requested Initial Term Loans in an aggregate principal amount equal to the aggregate Initial Term Loan Commitments and (2) elected that the Initial Term Loans are to be Base Rate Loans.
Appears in 1 contract
Sources: Credit Agreement (Geo Group Inc)
Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers 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. (Eastern time) 12:00 noon (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 2,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 3,000,000 or a whole multiple of $500,000 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 whole multiples of $100,000 or a whole multiple of $100,000 in excess thereof100,000, (C) whether such Loan is Loans are to be a Revolving Credit Loan Loans or Swingline LoanLoans, (D) in the case of a Revolving Credit Loan Loans whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate LoanLoans, the duration of the Interest Period applicable theretothereto (provided that any Revolving Credit Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date shall be made as Base Rate Loans unless the Borrower has delivered to the Administrative Agent a funding indemnity letter in form and substance reasonably satisfactory to the Administrative Agent not less than three (3) Business Days prior to the date of such Revolving Credit Loans). A Notice of Borrowing received after 11:00 a.m. (Eastern 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
Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers 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"”) or such other form as may be approved by the Administrative Agent (including any form on an electronic platform or electronic transmission system as shall be approved by the Administrative Agent) not later than 11:00 a.m. (Eastern time) a.m.
(i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 3,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 5,000,000 or a whole multiple of $500,000 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 $100,000 500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto; provided that if the Borrower wishes to request LIBOR Rate Loans having an Interest Period of twelve months in duration, such notice must be received by the Administrative Agent not later than 11:00 a.m. four (4) Business Days prior to the requested date of such borrowing, whereupon the Administrative Agent shall give prompt notice to the Revolving Credit Lenders of such request and determine whether the requested Interest Period is acceptable to all of them. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 11:00 a.m. (Eastern 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. Notwithstanding the foregoing, no such Notice of Borrowing shall be required in connection with a Borrowing of a Swingline Loan when the Autoborrow Agreement is in effect.
Appears in 1 contract
Sources: Credit Agreement (Copart Inc)
Requests for Borrowing. With A request for a borrowing shall be made, ---------------------- or shall be deemed to be made, in the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers following manner:
(i) Borrower shall give Lender notice of each request for a Revolving Credit Loan, therein specifying the Administrative Agent irrevocable amount of the proposed borrowing and the proposed borrowing date, as provided herein. With respect to all Revolving Credit Loans, Borrower shall give notice to Lender (which must be received by prior written notice substantially in the form attached hereto as Exhibit B (a "Notice of Borrowing") not later than 11:00 a.m. (Eastern to 11 a.m., Dallas, Texas time) (i) on two (2) Business Days prior to the same Business Day as each Base requested Funding Date, in the case of LIBOR Rate Loan and each Swingline Loan Loans and (ii) at least three no later than 11:00 a.m., Dallas, Texas time on the requested Funding Date, in the case of Base Rate Loans), specifying:
(3A) Business Days before each the amount of the Borrowing (which, if a LIBOR Rate Loan, shall be in an amount that is not less than $1,000,000 or an integral multiple of its intention to borrow, specifying $100,000 in excess thereof);
(AB) the date of such borrowingrequested Funding Date, which shall be a Business Day, (B) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to Swingline Loans (other than Swingline Loans deemed requested pursuant to the Swingline Side Letter) in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, ;
(C) whether such Loan is the Revolving Credit Loans requested are to be a Base Rate Revolving Credit Loan Loans or Swingline Loan, LIBOR Revolving Credit Loans; and
(D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable theretoif the requested Revolving Credit Loans are to be LIBOR Revolving Credit Loans. A If the Notice of Borrowing received after 11:00 a.m. fails to specify the duration of the Interest Period for any Borrowing comprised of LIBOR Rate Loans, such Interest Period shall be one month.
(Eastern timeii) Whenever a check is presented to Lender for payment against the Controlled Disbursement Account in an amount greater than the then available balance in such account, such presentation shall be deemed received to be a request for a borrowing on the next Business Daydate of such notice in an amount equal to the excess of such check over such available balance;
(iii) If any Secured Obligation becomes due and payable at any time prior to the time otherwise provided by Section 2.3, or as ----------- required by Lender pursuant to Section 11.2, then Borrower shall be ------------ deemed to have, requested Lender to make a Revolving Credit Loan in the amount of such Secured Obligation, and Lender in its sole discretion may make such Revolving Credit Loan, in which event such Secured Obligation shall be deemed paid and the amount thereof shall be included as a part of the Revolving Credit Loans (provided, -------- however, that Lender shall have no obligation to make any such ------- Revolving Credit Loan).
(iv) pursuant to Section 2.5(e)(ii). The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.------------------
Appears in 1 contract
Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers 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. (Eastern Charlotte time) (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and Loan, (ii) at least three (3) Business Days before each LIBOR Rate LoanLoan denominated in Dollars and (iii) at least four (4) Business Days before each LIBOR Rate Loan denominated in an Alternative Currency, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to Swingline Loans (other than Swingline Loans deemed requested pursuant to the Swingline Side Letter) in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, (C) whether the Loan shall be denominated in Dollars or an Alternative Currency; provided that, all Loans denominated in an Alternative Currency shall be LIBOR Rate Loans, (D) the amount of such borrowing, which shall be in an amount equal to the amount of the Aggregate Commitment or Alternative Currency Commitment, if applicable, then available to the Borrower, or if less, (x) with respect to Base Rate Loans in an aggregate minimum principal amount of $500,000 or a whole multiple of $250,000 in excess thereof, (y) with respect to LIBOR Rate Loans denominated in Dollars, in an aggregate minimum principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, and (z) with respect to LIBOR Rate Loans denominated in an Alternative Currency, in an aggregate minimum principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof 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. (Eastern 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
Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers 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. 12:00 Noon (Eastern Charlotte time) (i) on the same Business Day as each Base Rate Loan and each Swingline Loan Loan, and (ii) at least three (3) Business Days before each LIBOR Rate LoanLoan denominated in Dollars and not later than 11:00 a.m. (the time of the Administrative Agent's Correspondent) at least four (4) Business Days before each LIBOR Rate Loan denominated in an Alternative Currency, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) whether the Loan shall be denominated in Dollars or an Alternative Currency, (C) if denominated in Dollars, whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, (D) the amount of such borrowing, which shall not exceed an amount equal to the amount of the Aggregate Commitment or Alternative Currency Commitment, as applicable, then available to the Borrower, and shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 2,500,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to LIBOR Rate Loans denominated in Dollars, in an aggregate principal amount of $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof and (z) with respect to Swingline LIBOR Rate Loans (other than Swingline Loans deemed requested pursuant to the Swingline Side Letter) denominated in an Alternative Currency, in an aggregate principal amount of $100,000 2,000,000 or a whole multiple of $100,000 500,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing Notices received after 12:00 Noon (Charlotte time) (or 11:00 a.m. (Eastern timethe time of the Administrative Agent's Correspondent) with respect to Alternative Currency Loans) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.
Appears in 1 contract
Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers 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. (Eastern New York time) )
(i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate minimum principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof1,000,000, (y) with respect to LIBOR Rate Loans in 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 $500,000 in excess thereof such installment, and (z) with respect to Swingline Loans (other than Swingline Loans deemed requested pursuant to the Swingline Side Letter) in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. 1:00 p.m. (Eastern 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
Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers 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. (Eastern time) a.m.
(i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 3,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof 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 $100,000 500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 11:00 a.m. (Eastern time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.
Appears in 1 contract
Sources: Credit Agreement (SolarWinds, Inc.)
Requests for Borrowing. With From time to time following the exception of Swingline Loans deemed requested pursuant to date hereof through the Swingline Side LetterMaturity Date, the Borrowers shall give Borrower may make one or more written requests to borrow from the Administrative Agent irrevocable prior written notice substantially in Lender principal amounts under this Note up to a maximum amount not to exceed, together with the form attached hereto as Exhibit B (a "Notice of Borrowing") not later than 11:00 a.m. (Eastern time) (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount then outstanding under this Note, TEN MILLION DOLLARS ($10,000,000.00) in the aggregate (the “Maximum Amount”). Such Borrowings shall be in increments of $1,000,000 each, or a whole multiple multiples of $500,000 1,000,000 in excess thereof, (yor if the then aggregate amount available for borrowing under this Note is less than $1,000,000, such aggregate lesser amount). Within two (2) with respect Business Days following the Lender’s receipt of any such borrowing request, the Lender shall arrange to LIBOR Rate Loans in an lend and disburse such monies to the Borrower so long as, and to the extent, the aggregate principal amount of $1,000,000 all Borrowings outstanding under this Note, after giving effect to such Borrowing, does not exceed the Maximum Amount. Simultaneously with the making of any Borrowing or a whole multiple the repayment of $500,000 any Borrowing (as provided below in excess thereof Section 5) hereunder, the Lender shall update Schedule 1 hereto accurately to reflect any amounts so borrowed or repaid and (z) with respect to Swingline Loans (other than Swingline Loans deemed requested pursuant to the Swingline Side Letter) in an aggregate principal amount of $100,000 or all Borrowings outstanding under this Note after giving effect thereto and, upon approval thereof by the Borrower, the Lender and the Borrower shall each affix the initials of their respective authorized representatives to such updated Schedule 1, which shall thereafter constitute prima facie evidence of the aggregate principal amount of all Borrowings outstanding hereunder. Disbursement of any monies by the Lender in connection with the making of a whole multiple Borrowing hereunder shall be made to the Borrower by wire transfer of $100,000 immediately available funds in excess thereof, (C) whether such Loan is accordance with the instructions that the Borrower specifies to be a Revolving Credit Loan or Swingline Loan, (D) the Lender in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. (Eastern time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowingwritten request.
Appears in 1 contract
Sources: Revolving Note (Voltari Corp)
Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers 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. (Eastern time) 12:00 p.m.
(i) on the same Business Day 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, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 2,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to Swingline Loans (other than Cash Management Swingline Loans deemed requested pursuant to the Swingline Side LetterLoans) in an aggregate principal amount of $100,000 or a whole multiple of $100,000 50,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan Loan, whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. (Eastern 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. With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers 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"”) (i) not later than 11:00 a.m. (Eastern time) (i) 12:00 p.m. on the same Business Day as each Base Rate Loan and Loan, (ii) not later than 1:00 p.m. on the same Business Day as each Swingline Loan and (iiiii) not later than 12:00 p.m. at least three (3) Business Days before each LIBOR Rate Loan, of its the Borrower’s intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 10,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 10,000,000 or a whole multiple of $500,000 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 1,000,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. (Eastern time) the applicable deadline set forth in the preceding sentence 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 (DCP Midstream, LP)
Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit B (a "Notice of Revolving Credit Borrowing") not later than 11:00 a.m. (Eastern Charlotte time) )
(i) on the same at least one (1) Business Day as before each Revolving Credit Loan which is initially to be a Base Rate Loan and each Swingline Loan is to be made and (ii) at least three (3) Business Days before each Revolving Credit Loan which is initially to be a LIBOR Rate LoanLoan is to be made, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall bebe in an amount equal to the amount of the Aggregate Revolving Credit Commitment then available to the Borrower, or if less, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (zy) with respect to Swingline LIBOR Rate Loans (other than Swingline Loans deemed requested pursuant to the Swingline Side Letter) in an aggregate principal amount of $100,000 5,000,000 or a whole multiple of $100,000 1,000,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are initially to be LIBOR Rate Loans or Base Rate Loans, and (ED) in the case of a LIBOR Rate Loan, the duration of the initial Interest Period applicable thereto. A Notice of Borrowing Notices received after 11:00 a.m. (Eastern 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
Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers 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. (Eastern time) (i) 3:00 p.m. on the same Business Day as each Swingline Loan, (ii) 11:00 a.m. on the same Business Day as each Base Rate Loan and each Swingline Loan and (iiiii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to LIBOR Rate Revolving Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (zy) with respect to Swingline Loans (other than Swingline Loans deemed requested pursuant to the Swingline Side Letter) in an aggregate principal amount of $100,000 500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. (Eastern 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
Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers 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. (Eastern Charlotte time) (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall bebe in an amount equal to the amount of the Revolving Credit Commitment then available to the Borrower, or if less, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 500,000 or a whole multiple of $500,000 50,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 3,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to Swingline Loans (other than Swingline Loans deemed requested pursuant to the Swingline Side Letter) in an aggregate principal amount of $100,000 or a whole multiple of $100,000 50,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan, (D) in the case of a Revolving Credit Loan, whether such Loan whether the Loans are is to be a LIBOR Rate Loans Loan or a Base Rate Loans, Loan and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto; provided that Swingline Loans made pursuant to the SweepPlus Program shall be made pursuant to the terms and conditions thereof and shall be in a minimum amount of $1,000 or any increment thereof. A Notice of Borrowing Notices received after 11:00 a.m. (Eastern 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
Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers 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. (Eastern time) a.m.
(i) on the same Business Day as each Base Floating Rate Loan and each Swingline Loan and (ii) at least three two (32) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be, (x) with respect to Base Floating Rate Loans (other than Swingline 4834-0494-1091v13 27 Loans) in an aggregate principal amount of $1,000,000 3,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 5,000,000 or a whole multiple of $500,000 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 $100,000 500,000 or a whole multiple of $100,000 in excess thereof, (Cc) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan Loan, (E) whether the Loans are to be LIBOR Rate Loans or Base Floating Rate Loans, and (EF) 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 Floating 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. (Eastern 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 (Fastenal Co)
Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers 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. (Eastern time) 10:00 a.m.
(i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be, (xy) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof, thereof and (yz) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to Swingline Loans (other than Swingline Loans deemed requested pursuant to the Swingline Side Letter) in an aggregate principal amount of $100,000 or a whole multiple of $100,000 1,000,000 in excess thereof, (C) whether such Loan is to be a the Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (ED) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 11:00 10:00 a.m. (Eastern 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
Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit B A-1 (a "“Notice of Borrowing"”) not later than 11:00 a.m. (Eastern time) a.m.
(i) on the same Business Day as each Base Rate Loan and each Swingline Loan Daily Simple SOFR Loan, and (ii) at least three (3) U.S. Government Securities Business Days before each LIBOR Rate Term SOFR Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, and (y) with respect to LIBOR Rate SOFR Loans in an aggregate principal amount of $1,000,000 2,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to Swingline Loans (other than Swingline Loans deemed requested pursuant to the Swingline Side Letter) in an aggregate principal amount of $100,000 or a whole multiple of $100,000 1,000,000 in excess thereof, (C) whether such Revolving Credit Loan is to be a Revolving Credit Daily Simple SOFR Loan, a Term SOFR Loan or Swingline a Base Rate Loan, and (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Term SOFR Loan, the duration of the Interest Period applicable thereto. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a borrowing of a Term SOFR Loan in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 11:00 a.m. (Eastern 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 Revolving Credit Lenders of each Notice of Borrowing.
Appears in 1 contract
Sources: Credit Agreement (Ryman Hospitality Properties, Inc.)
Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the 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. (Eastern a.m.(Philadelphia time) (i) on the same Business Day 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 bebe 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 Base Rate Loans (other than Swingline Daily One Month LIBOR Loans) , in an aggregate principal amount of $1,000,000 or a whole multiple 500,000 and increments of $500,000 250,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple and increments of $500,000 in excess thereof and (z) with respect to Swingline Loans (other than Swingline Loans deemed requested pursuant to Eurocurrency Loans, the Swingline Side Letter) in an aggregate principal amount Dollar Equivalent of $100,000 or a whole multiple and increments of $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 Revolving Credit Loan or Swingline Loancombination thereof, the amount allocated to each; and (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans Loan or Base Rate Loans, and (E) in the case of a LIBOR Rate Eurocurrency Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing Notices received after 11:00 a.m. (Eastern 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
Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers The Borrower shall give the Administrative Agent irrevocable irrevocable
(a) prior written notice substantially in the form attached hereto as of Exhibit B (a "“Notice of Borrowing"”) not later than 11:00 a.m. (Eastern time) 12:00 p.m.
(i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate 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, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 3,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 5,000,000 or a whole multiple of $500,000 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 $100,000 500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 11:00 a.m. (Eastern 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. Disbursement of Revolving Credit and Swingline Loans. Not later than 2:00 p.m. on the(b) proposed borrowing date, (i) each Revolving Credit Lender will make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, such Revolving Credit Lender’s Revolving Credit Commitment Percentage of the Revolving Credit Loans to be made on such borrowing date and (ii) the Swingline Lender will make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, the Swingline Loans to be made on such borrowing date. The Borrower hereby irrevocably authorizes the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section in immediately available funds by crediting or wiring such proceeds to the deposit account of the Borrower identified in the most recent notice substantially in the form attached as Exhibit C (a “Notice of Account Designation”) delivered by the Borrower to the Administrative Agent or as may be otherwise agreed upon by the Borrower and the Administrative Agent from time to time. Subject to Section 5.7 hereof, the Administrative Agent shall not be obligated to disburse the portion of the proceeds of any Revolving Credit Loan requested pursuant to this Section to the extent that any Revolving Credit Lender has not made available to the Administrative Agent its Revolving Credit Commitment Percentage of such Loan. Revolving Credit Loans to be made for the purpose of refunding Swingline Loans shall be made by the Revolving Credit Lenders as provided in Section 2.2(b).
Appears in 1 contract
Sources: Credit Agreement (Realpage Inc)
Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers 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. (Eastern time) a.m.
(i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to Swingline Loans (other than Swingline Loans deemed requested pursuant to the Swingline Side Letter) in an aggregate principal amount of $100,000 500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 11:00 a.m. (Eastern time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.
Appears in 1 contract
Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant In order to the Swingline Side Letterobtain a Revolving Loan, the Borrowers Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit B "B" (a "Notice of Borrowing") not later than 11:00 a.m. (Eastern Charlotte time) (i) on the same Business Day as each Base Rate Loan and each Swingline Loan Loan, and (ii) at least three (3) Business Days before each LIBOR Rate 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, be (xi) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a 30 whole multiple of $500,000 250,000 in excess thereof, and (yii) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 3,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to Swingline Loans (other than Swingline Loans deemed requested pursuant to the Swingline Side Letter) in an aggregate principal amount of $100,000 or a whole multiple of $100,000 1,000,000 in excess thereof, ; (C) whether such Loan is to be a the Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and ; (ED) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of ; and (E) a Borrowing Base Certificate in the form attached as Exhibit "C." Notices received after 11:00 a.m. (Eastern 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
Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers 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 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. (Eastern Charlotte time) at least one (i1) on the same Business Day as before each Revolving Credit Loan which is initially to be a Base Rate Loan and each Swingline Loan is to be made and (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 bebe in an amount equal to the amount of the Aggregate Revolving Credit Commitment then available to the Borrower, or if less, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 5,000,000 or a whole multiple of $500,000 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 principle amount of $100,000 500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan, (D) in the case of a Revolving Credit Loan Loan, whether the Loans are initially to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the initial Interest Period applicable thereto. A Notice of Borrowing Notices received after 12:00 noon (Charlotte time) in the case of Swingline Loans or 11:00 a.m. (Eastern 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
Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to the Swingline Side LetterSection 2.2(b) hereof, the Borrowers 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. (Eastern Charlotte time) (i) on the same Business Day as each Base Rate Loan and each Swingline Loan requested under this Section 2.3(a) and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall bebe in an amount equal to the amount of the Aggregate Commitment then available to the Borrower, or if less, (x) with respect to Base Rate Loans (other than the Swingline LoansLoans requested pursuant to this Section 2.3(a)) in an aggregate principal amount of $1,000,000 3,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof and (z) with respect to the Swingline Loans (other than Swingline Loans deemed requested pursuant to the Swingline Side Letterthis Section 2.3(a) in an aggregate principal amount of $100,000 500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Any Notice of Borrowing received after 11:00 a.m. (Eastern 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
Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers (i) Each request for borrowings hereunder shall give the Administrative Agent irrevocable prior written be made by notice substantially in the form attached hereto as Exhibit B C from the Borrower to the Agent (a the "Notice of Borrowing") ), given not later than 11:00 a.m. a.m.
(Eastern time) (iA) on the same Business Day as each on which the proposed borrowing is requested to be made for Revolving Loans that will be Base Rate Loan and each Swingline Loan Loans and (iiB) at least three (3) Business Days before each prior to the date of the requested borrowing of Revolving Loans that will be LIBOR Rate LoanLoans; provided, however, that no LIBOR Loans shall be available to the Borrower until the third Business Day after the Closing Date. Each Notice of its intention to borrowBorrowing shall be given by either telecopy, specifying telex or cable setting forth
(A1) the requested date of such borrowing, (2) the aggregate amount of such requested borrowing, (3) whether such Revolving Loans will be Base Rate Loans or LIBOR Loans, and if appropriate, the applicable Interest Period and (4) certification by the Borrower that it has complied in all respects with Article V, all of which shall be specified in such manner as is necessary to comply with all limitations on Revolving Loans outstanding hereunder. Each Notice of Borrowing shall be irrevocable by and binding on the Borrower. Each Loan shall be in a Business Day, (B) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate minimum principal amount of $1,000,000 or a whole multiple 500,000 and integral multiples of $500,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 250,000 in excess thereof (or the remaining amount of the Revolving Committed Amount, if less); provided that no more than 5 LIBOR Loans shall be outstanding hereunder at any one time. Revolving Loans may be repaid and reborrowed in accordance with the provisions hereof. The Agent shall give to each Lender prompt notice (zbut in no event later than 2:00 P.M. on the date of the Agent's receipt of notice from the Borrower) with respect to Swingline Loans of each Notice of Borrowing by telecopy, telex or cable (other than Swingline Loans deemed any Notice of Borrowing which will be funded by the Agent in accordance with subsection (d)(ii) below). No later than 3:00 P.M. on the date on which a borrowing is requested to be made pursuant to the Swingline Side Letter) applicable Notice of Borrowing, each Lender will make available to the Agent at the address of the Agent set forth in an aggregate principal Section 13.1, in immediately available funds, its Revolving Commitment Percentage of such borrowing requested to be made. Unless the Agent shall have been notified by any Lender prior to the date of borrowing that such Lender does not intend to make available to the Agent its portion of the borrowing to be made on such date, the Agent may assume that such Lender will make such amount available to the Agent on such date of borrowing and the Agent may, in reliance upon such assumption, make available the amount of $100,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is the borrowing to be a Revolving Credit Loan or Swingline Loan, (D) provided by such Lender. Upon fulfillment of the conditions set forth in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate LoanArticle V for such borrowing, the duration of Agent will make such funds available to the Interest Period applicable thereto. A Borrower at the account specified by the Borrower in such Notice of Borrowing received after 11:00 a.m. Borrowing.
(Eastern timeii) If the amounts described in subsection (a)(i) of this Section 2.2 are not in fact made available to the Agent by a Lender (such Lender being hereinafter referred to as a "Defaulting Lender") and the Agent has made such amount available to the Borrower, the Agent shall be deemed received entitled to recover such corresponding amount on demand from such Defaulting Lender. If such Defaulting Lender does not pay such corresponding amount forthwith upon the next Business Day. The Administrative Agent's demand therefor, the Agent shall promptly notify the Lenders Borrower and the Borrower shall immediately (but in no event later than five Business Days after such demand) pay such corresponding amount to the Agent. The Agent shall also be entitled to recover from such Defaulting Lender and the Borrower, (A) interest on such corresponding amount in respect of each Notice day from the date such corresponding amount was made available by the Agent to the Borrower to the date such corresponding amount is recovered by the Agent, at a rate per annum equal to either (1) if paid by such Defaulting Lender, the overnight Federal Funds Rate or (2) if paid by the Borrower, the then applicable rate of Borrowing.interest, calculated in accordance with Section 3.1, plus (B) in each case, an amount equal to any costs (including legal expenses) and losses incurred as a result of the failure of such Defaulting Lender to provide such amount as provided in this
Appears in 1 contract
Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers 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. (Eastern time) a.m.
(i) on the same Business Day as each Base Rate Loan and each Swingline Loan and Loan, (ii) at least three (3) U.S. Government Securities Business Days before each LIBOR Rate Daily Simple SOFR Loan and (iii) at least three (3) U.S. Government Securities Business Days before each Term SOFR Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to LIBOR Rate SOFR Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to Swingline Loans (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 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 Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are such Revolving Loan is to be LIBOR Rate Loans a Daily Simple SOFR Loan, a Term SOFR Loan or a Base Rate LoansLoan, and (E) in the case of a LIBOR Rate Term SOFR Loan, the duration of the Interest Period applicable thereto. If the Borrower fails to specify a Type of Loan in a Loan Notice, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a borrowing of a Term SOFR Loan in any such Loan Notice, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Loan Notice of Borrowing received after 11:00 a.m. (Eastern 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. With Unless otherwise consented to by the exception of Swingline Loans deemed requested pursuant to the Swingline Side LetterAdministrative Agent, the Borrowers 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. (Eastern time) (i) on the same Business Day as each requested date of any Borrowing of Base Rate Loan and Loans or Swingline Loans, (ii) at least five (5) U.S. Government Securities Business Days before each Swingline Loan Borrowing of Daily Simple SOFR Loans and (iiiii) at least three (3) U.S. Government Securities Business Days before each LIBOR Rate Loanthe requested date of any Borrowing of Term SOFR Loans (or at least one (1) U.S. Government Securities Business Day before a Borrowing of Term SOFR Loans on the Closing Date), of its intention to borrow, specifying (A) the date of such borrowingBorrowing, which shall be a Business Day, (B) the amount of such borrowingBorrowing, which shall be, (x) with respect to a 202564162_8 Borrowing of Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 500,000 or a whole multiple of $500,000 100,000 in excess thereof, (y) with respect to LIBOR Rate a Borrowing of SOFR Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans (other than Swingline Loans deemed requested pursuant to the Swingline Side Letter) in an aggregate principal amount of $100,000 25,000 or a whole multiple of $100,000 10,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case Type of a Revolving Credit Loan whether the Loans are to be LIBOR Rate borrowed (provided that all Swingline Loans or shall be Base Rate Loans), and (E) in the case of a LIBOR Rate LoanBorrowing of Term SOFR Loans, the duration of the Interest Period applicable thereto; provided, that any such notice may be, if expressly so stated to be, contingent upon the consummation of an identifiable event or condition and may be revoked by the Borrower in the event such contingency is not met (provided that the failure of such contingency shall not relieve the Borrower from its obligations in respect thereof under Section 4.9). If the Borrower requests a Borrowing of a Term SOFR Loan in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 11:00 a.m. (Eastern 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 Borrowing. Notwithstanding the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth in any applicable Treasury Management Agreement or in such other manner reasonably satisfactory to the Administrative Agent without giving effect to any minimum amounts, notice, time or funding requirements set forth herein.
Appears in 1 contract
Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers 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. (Eastern time) 12:00 noon (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be, be (x) with respect to Base Rate Loans (other than Swingline Loans) ), in an aggregate principal amount of $1,000,000 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 LIBOR Rate Loans Loans, in an aggregate principal amount of $1,000,000 5,000,000 or a whole multiple of $500,000 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) Loans, in an aggregate principal amount of $100,000 250,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan, whether such Loan whether the Loans are is to be a LIBOR Rate Loans Loan or a Base Rate LoansLoan, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. (Eastern 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. With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers 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. (Eastern Charlotte time) (i) on the same Business Day as for each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be, be (x) with respect to Base each LIBOR Rate Loans (other than Swingline Loans) Loan, in an aggregate a principal amount of $1,000,000 2,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to LIBOR each Base Rate Loans Loan, in an aggregate a principal amount of $1,000,000 or a whole multiple of $500,000 100,000 in excess thereof thereof, and (z) with respect to each Swingline Loans (other than Swingline Loans deemed requested pursuant to the Swingline Side Letter) Loan, in an aggregate a principal amount of $100,000 250,000 or a whole multiple of $100,000 50,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Working Capital Loan, Swingline Loan, Permitted Acquisition Loan or Swingline IPC Acquisition Loan, (D) in the case of a Revolving Credit Working Capital Loan, Permitted Acquisition Loan or IPC Acquisition Loan, whether the Loans are such Loan is to be a LIBOR Rate Loans Loan or Base Rate LoansLoan, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. (Eastern 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. With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers 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. (Eastern time) a.m.
(i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 3,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 5,000,000 or a whole multiple of $500,000 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 $100,000 500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, Loans and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 11:00 a.m. (Eastern 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. With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers 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"”) or such other form as may be approved by the Administrative Agent (including any form on an electronic platform or electronic transmission system as shall be approved by the Administrative Agent) not later than 11:00 a.m. (Eastern time) a.m.
(i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Eurodollar Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 3,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof, (y) with respect to LIBOR Eurodollar Rate Loans in an aggregate principal amount of $1,000,000 5,000,000 or a whole multiple of $500,000 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 $100,000 500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Eurodollar Rate Loans or Base Rate Loans, and (ED) in the case of a LIBOR Eurodollar Rate Loan, the duration of the Interest Period applicable thereto; provided that if the Borrower wishes to request Eurodollar Rate Loans having an Interest Period of twelve months in duration, such notice must be received by the Administrative Agent not later than 11:00 a.m. four (4) Business Days prior to the requested date of such borrowing, whereupon the Administrative Agent shall give prompt notice to the Revolving Credit Lenders of such request and determine whether the requested Interest Period is acceptable to all of them. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a borrowing of Eurodollar 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. (Eastern 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. Notwithstanding the foregoing, no such Notice of Borrowing shall be required in connection with a borrowing of a Swingline Loan when the Autoborrow Agreement is in effect.
Appears in 1 contract
Sources: Credit Agreement (Copart Inc)
Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers 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. (Eastern time) 1:00 p.m.
(i) on the same Business Day as each Base Rate Loan and each Swingline Loan and Loan, (ii) at least three (3) Business Days before each LIBOR Rate Loan denominated in Dollars and (iii) at least four 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) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan;
(C) if such Loan is an Alternative Currency Revolving Credit Loan, the applicable Alternative Currency in which such Loan is to be funded;
(D) if such Loan is a Revolving Credit Loan denominated in Dollars, whether such Revolving Credit Loan shall be a LIBOR Rate Loan or a Base Rate Loan;
(E) if such Loan is a LIBOR Rate Loan, the duration of the Interest Period applicable thereto; and
(F) the amount of such borrowing, which shall be, (x1) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 3,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof, (y2) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 5,000,000, €5,000,000, CHF5,000,000, £5,000,000 or CAD$5,000,000 or a whole multiple of $500,000 1,000,000, €1,000,000, CHF1,000,000, £1,000,000 or CAD$1,000,000 in excess thereof and or (z3) with respect to Swingline Loans (other than Swingline Loans deemed requested pursuant to the Swingline Side Letter) in an aggregate principal amount of $100,000 500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is . If the Borrower fails to be specify a Revolving Credit Loan or Swingline currency in the Notice of Borrowing requesting a Loan, (D) then the Loan so requested shall be made in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable theretoDollars. A Notice of Borrowing received after 11:00 a.m. (Eastern 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. With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the 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. (Eastern Charlotte time) (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall bebe in an amount equal to the maximum amount of the Revolving Credit Commitment then available to the Borrowers, or if less, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 500,000 or a whole multiple of $500,000 250,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 2,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to Swingline Loans (other than Swingline Loans deemed requested pursuant to the Swingline Side Letter) in an aggregate principal amount of $100,000 or a whole multiple of $100,000 any amount in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan, (D) in the case of a Revolving Credit Loan Loan, whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. (Eastern 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
Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers PZN shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit B (a "Notice of Revolving Credit/Swingline Borrowing") not later than 11:00 a.m. 12:00 noon (Eastern Charlotte time) )
(i) at least one Business Day before each Base Rate Loan (other than a Swingline Loan), (ii) 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 bebe in the full amount of the aggregate Available Commitment of the Lenders, (x) with respect to Base Rate Loans (other than Swingline Loans) or, if less, shall be in an aggregate a minimum principal amount of $1,000,000 or a whole an integral multiple of $500,000 100,000 in excess thereofthereof for Base Rate Loans, (y) with respect to LIBOR Rate Loans in an aggregate a minimum principal amount of $1,000,000 5,000,000 or a whole an integral multiple of $500,000 1,000,000 in excess thereof for LIBOR Rate Loans and (z) with respect to Swingline Loans (other than Swingline Loans deemed requested pursuant to the Swingline Side Letter) in an aggregate a minimum principal amount of $100,000 or a whole an integral multiple of $100,000 in excess thereofthereof for Swingline Loans, (C) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan, (D) in the case of a Revolving Credit Loan Loan, whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing Notices received after 11:00 a.m. 12:00 noon (Eastern 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/Swingline Borrowing with respect to a Revolving Credit Loan.
Appears in 1 contract
Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers 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. (Eastern time) 12:00 p.m.
(i) on the same Business Day as each Base Rate Loan denominated in Dollars and each Swingline Loan and Loan, (ii) at least three (3) Business Days before each LIBOR Rate LoanLoan denominated in Dollars and (iii) at least four (4) Business Days before each LIBOR Rate Loan denominated in an Alternative Currency, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to Swingline Loans (other than Swingline Loans deemed requested pursuant to the Swingline Side Letter) in an aggregate principal amount of $100,000 500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan Loan, whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. (Eastern 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
Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit B A-1 (a "“Notice of Borrowing"”) not later than 11:00 a.m. (Eastern time) (i) on the same Business Day as each Base Rate Loan and each Swingline Loan Daily Simple SOFR Loan, and (ii) at least three (3) U.S. Government Securities Business Days before each LIBOR Rate Term SOFR Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, and (y) with respect to LIBOR Rate SOFR Loans in an aggregate principal amount of $1,000,000 2,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to Swingline Loans (other than Swingline Loans deemed requested pursuant to the Swingline Side Letter) in an aggregate principal amount of $100,000 or a whole multiple of $100,000 1,000,000 in excess thereof, (C) whether such Revolving Credit Loan is to be a Revolving Credit Daily Simple SOFR Loan, a Term SOFR Loan or Swingline a Base Rate Loan, and (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Term SOFR Loan, the duration of the Interest Period applicable thereto. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a borrowing of a Term SOFR Loan in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 11:00 a.m. (Eastern 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 Revolving Credit Lenders of each Notice of Borrowing.
Appears in 1 contract
Sources: Credit Agreement (Ryman Hospitality Properties, Inc.)
Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit B (a "“Notice of Borrowing"”) for Revolving Credit Loans or Swingline Loans, as the case may be, not later than 11:00 a.m. 1:00 p.m. (Eastern New York time) (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) ), in an aggregate minimum principal amount of One Million Dollars ($1,000,000 or a whole multiple of $500,000 in excess thereof1,000,000), (y) with respect to LIBOR Rate Loans Loans, in an aggregate minimum principal amount of Two Million Five Hundred Thousand Dollars ($1,000,000 or 2,500,000) or, at the Borrower’s option, if such borrowing is to be used to pay a whole multiple principal installment due under Section 4.3, in an amount equal to the principal amount of $500,000 in excess thereof such installment, and (z) with respect to Swingline Loans (other than Swingline Loans deemed requested pursuant to the Swingline Side Letter) Loans, in an aggregate principal amount of One Hundred Thousand Dollars ($100,000 100,000) or a whole multiple of One Hundred Thousand Dollars ($100,000 100,000) in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. 1:00 p.m. (Eastern 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 (Geo Group Inc)
Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers The Company 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. (Eastern time) a.m.
(i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) U.S. Government Securities Business Days before each LIBOR Rate Loan, SOFR Loan (or at least one (1) U.S. Government Securities Business Day in the case of the initial borrowing on the Closing Date) of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to LIBOR Rate SOFR Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 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 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 Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are such Revolving Credit Loan is to be LIBOR Rate Loans a SOFR Loan or a Base Rate LoansLoan, and (E) in the case of a LIBOR Rate SOFR Loan, the duration of the Interest Period applicable thereto. If the Company fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as SOFR Loans with an Interest Period of one month. If the Company requests a borrowing of a SOFR Loan in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 11:00 a.m. (Eastern 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 Revolving Credit Lenders of each Notice of Borrowing.
Appears in 1 contract
Sources: Credit Agreement (Tecnoglass Inc.)
Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the The applicable Borrower or Borrowers shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit B (a "Notice of Borrowing") (i) not later than 11:00 a.m. (Eastern Charlotte time) (iA) on or prior to the same Business Day as for each Swingline Loan, (B) at least one Business Day before each Base Rate Loan and denominated in Dollars, (C) at least three (3) Business Days before each Swingline Base Rate Loan denominated in an Alternative Currency and (iiD) at least three (3) Business Days before each LIBOR Rate Loan, Loan denominated in Dollars and (ii) not later than 9:00 a.m. (London time) at least three (3) Business Days before each LIBOR Rate Loan to be denominated in an Alternative Currency of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan, (C) if such Loan is to be a Revolving Credit Loan, whether such Loan shall be denominated in Dollars or an Alternative Currency, (D) the amount of such borrowing, which shall be, (x) be with respect to Base LIBOR Rate Loans (other than Swingline Loans) denominated in Dollars in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof (and with respect to LIBOR Rate Loans denominated in an Alternative Currency, the Dollar Amount in each case thereof), with respect to Base Rate Loans in an aggregate principal amount of $1,500,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to Swingline Loans (other than Swingline Loans deemed requested pursuant to the Swingline Side Letter) in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, (CE) if denominated in Dollars, whether such Loan is to be a the Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, Loans and (EF) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing Notices received after 11:00 a.m. (Eastern London time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify (and in any event provide same day notice to) the Lenders of each Notice of BorrowingBorrowing with respect to a Revolving Credit Loan.
Appears in 1 contract
Sources: Credit Agreement (Acc Corp)
Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit B (a "Notice of Borrowing") Borrowing not later than 11:00 a.m. (Eastern time) (i) on the same Business Day Initial Delayed Draw Term Loan Funding Date or any subsequent day prior to the Delayed Draw Funding Deadline questing that the Lenders make a Delayed Draw Term Loan as each a Base Rate Loan and each Swingline Loan and on such date (ii) at least provided the Borrower may request, no later than three (3) Business Days before each days prior to the Initial Delayed Draw Term Loan Funding Date or any subsequent date of borrowing, that the Lender make a Delayed Draw Term Loan as a LIBOR Rate Loan, of its intention to borrow), specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) be in an aggregate principal amount of $1,000,000 25,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to Swingline Loans (other than Swingline Loans deemed requested pursuant to or, if less, the Swingline Side Letter) in an aggregate principal remaining undrawn amount of $100,000 or a whole multiple of $100,000 in excess thereofthe Delayed Draw Term Loan Commitment, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (ED) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. (Eastern time) shall be deemed received on the next Business Day. The Upon receipt of any such Notice of Borrowing from the Borrower, the Administrative Agent shall promptly notify the Lenders of each Notice of BorrowingLender thereof.
Appears in 1 contract
Sources: Credit Agreement (Globalstar, Inc.)
Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit B (a "“Notice of Borrowing"”) for Revolving Credit Loans or Swingline Loans, as the case may be, not later than 11:00 a.m. 1:00 p.m. (Eastern New York time) (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate minimum principal amount of One Million Dollars ($1,000,000 or a whole multiple of $500,000 in excess thereof1,000,000), (y) with respect to LIBOR Rate Loans in an aggregate minimum principal amount of Two Million Five Hundred Thousand Dollars ($1,000,000 or 2,500,000) or, at the Borrower’s option, if such borrowing is to be used to pay a whole multiple principal installment due under Section 4.3, in an amount equal to the principal amount of $500,000 in excess thereof such installment, 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 One Hundred Thousand Dollars ($100,000 100,000) or a whole multiple of One Hundred Thousand Dollars ($100,000 100,000) in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. 1:00 p.m. (Eastern 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 (Geo Group Inc)
Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers The BORROWER shall give the Administrative Agent ADMINISTRATIVE AGENT irrevocable prior written notice substantially (a "NOTICE OF BORROWING"): (i) in the form attached hereto as Exhibit B E in connection with BASE RATE LOANS, not later than 2:00 p.m. (a "Notice of Borrowing"Charlotte time) on the same BUSINESS DAY as each BASE RATE LOAN; and (ii) in the form attached hereto as Exhibit F in connection with LIBOR RATE LOANS not later than 11:00 a.m. (Eastern Charlotte time) (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days BUSINESS DAYS before each LIBOR Rate LoanRATE LOAN, of its intention to borrow, specifying (A1) the date of such borrowing, which shall be a Business DayBUSINESS DAY, (B2) the amount of such borrowing, which shall be, (x) be with respect to Base Rate Loans (other than Swingline Loans) in LIBOR RATE LOANS an aggregate principal amount of Two Million Five Hundred Thousand DOLLARS ($1,000,000 2,500,000.00) or a whole multiple of Five Hundred Thousand DOLLARS ($500,000 500,000.00) in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to Swingline Loans (other than Swingline Loans deemed requested pursuant to the Swingline Side Letter) in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, (C3) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans LOANS are to be LIBOR Rate Loans RATE LOANS, or Base Rate LoansBASE RATE LOANS, and (E4) in the case of a LIBOR Rate LoanRATE LOAN, the duration of the Interest Period INTEREST PERIOD applicable thereto. A Notice of Borrowing Notices received after 11:00 a.m. (Eastern timethe time designated in Subsections 2.2.(a)(i) or 2.2.(a)(ii), as applicable, shall be deemed received on the next Business DayBUSINESS DAY. The Administrative Agent shall promptly notify Notwithstanding anything contained herein to the Lenders of each Notice of Borrowingcontrary, prior to the SYNDICATION COMPLETION DATE all borrowings will be BASE RATE LOANS.
Appears in 1 contract
Sources: Credit Agreement (Unc Inc)
Requests for Borrowing. 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. (Eastern time) (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 3,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 5,000,000 or a whole multiple of $500,000 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, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. (Eastern time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.
Appears in 1 contract
Sources: Credit Agreement (Belk Inc)
Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit B (a "Notice of Revolving Credit Borrowing") not later than 11:00 a.m. (Eastern Charlotte time) (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall bebe in an amount equal to the amount of the Aggregate Commitment then available to the Borrower, or if less, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 250,000 in excess thereof, thereof and (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 3,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to Swingline Loans (other than Swingline Loans deemed requested pursuant to the Swingline Side Letter) in an aggregate principal amount of $100,000 or a whole multiple of $100,000 1,000,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing Notices received after 11:00 a.m. (Eastern 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
Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers 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. (Eastern time) 9:00 a.m.
(i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before (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, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 3,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 5,000,000 or a whole multiple of $500,000 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 $100,000 500,000 or a whole multiple of $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 Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. 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. (Eastern 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. With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers The Parent 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. (Eastern time) 11:00
a. m.
(i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, Loan of its intention to borrow, specifying (A) the Borrower or Borrowers to whom the proceeds of such Borrowing shall be delivered; provided that, if the Parent fails to so specify, the proceeds of such Borrowing shall be delivered to the Parent, (B) the date of such borrowing, which shall be a Business Day, (BC) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 500,000 or a whole multiple of $500,000 100,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof 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, (CD) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (DE) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (EF) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto; provided that if the Borrowers wish to request LIBOR Rate Loans having an Interest Period of twelve months in duration, such notice must be received by the Administrative Agent not later than 11:00 a.m. four (4) Business Days prior to the requested date of such borrowing, whereupon the Administrative Agent shall give prompt notice to the Revolving Credit Lenders of such request and determine whether the requested Interest Period is acceptable to all of them. If the Borrowers fail to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrowers request 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. (Eastern 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
Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers The US 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. (Eastern time) (i) 12:00 noon (A) on the same Business Day as each Base Rate Loan and each (other than a Swingline Loan Loan) and (iiB) at least three (3) Business Days before each LIBOR Rate Loan and (ii) 1:00 p.m. on the same Business Day as each Swingline Loan, of its intention to borrow, specifying (A1) the date of such borrowing, which shall be a Business Day, (B2) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 2,500,000 or a whole multiple of $500,000 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 $100,000 500,000 or a whole multiple of $100,000 in excess thereof, (C3) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D4) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. (Eastern time) 12:00 noon or 1:00 p.m., as applicable, 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
Requests for Borrowing. With The Company or the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers 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. (Eastern Chicago time) (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and Loan, (ii) at least three (3) Business Days before each LIBOR Rate LoanLoan in Dollars and (iii) at least four (4) Business Days before each LIBOR Rate Loan in any Agreed Currency other than Dollars, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount Dollar Amount of $1,000,000 3,000,000 or a whole multiple Dollar Amount of $500,000 1,000,000 in excess thereof, and (y) with respect to LIBOR Rate Loans in an aggregate principal amount Dollar Amount of $1,000,000 5,000,000 or a whole multiple Dollar Amount of $500,000 in excess thereof and (z) with respect to Swingline Loans (other than Swingline Loans deemed requested pursuant to the Swingline Side Letter) in an aggregate principal amount of $100,000 or a whole multiple of $100,000 1,000,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (ED) in the case of a LIBOR Rate Loan, the duration of the LIBOR Interest Period applicable thereto and (E) the Agreed Currency applicable thereto. A Notice of Borrowing received after 11:00 a.m. (Eastern 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. With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the 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. (Eastern Charlotte time) (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall bebe in an amount equal to the maximum amount of the Revolving Credit Commitment then available to the Borrowers, or if less, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 500,000 or a whole multiple of $500,000 250,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 2,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to Swingline Loans (other than Swingline Loans deemed requested pursuant to the Swingline Side Letter) in an aggregate principal amount of $100,000 or a whole multiple of $100,000 any amount in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan, (D) in the case of a Revolving Credit Loan Loan, whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. (Eastern 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
Requests for Borrowing. With Parent, on behalf of the exception of Swingline Loans deemed requested pursuant to the Swingline Side LetterApplicable Borrower, the Borrowers 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. (Eastern time) 1:00 p.m.
(i) on the same Business Day as each Base Rate Loan and each Swingline Loan and Loan, (ii) at least three (3) Business Days before each LIBOR Rate LoanLoan denominated in Dollars, 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;
(ii) if such Loan is a Foreign Currency Loan, the applicable Foreign Currency in which such Loan is to be funded;
(Biii) if such Loan is a Loan denominated in Dollars, whether such Loan shall be a LIBOR Rate Loan or a Base Rate Loan;
(iv) 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, (xA) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 500,000 or a whole multiple of $500,000 in excess thereof, thereof or (yB) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 500,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to Swingline Loans (other than Swingline Loans deemed requested pursuant to the Swingline Side Letter) in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereofor, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of borrowings denominated in a Revolving Credit Loan whether Foreign Currency, in such increments as the Loans are Lender may from time to be LIBOR Rate Loans or Base Rate Loans, and (E) time determine). If Parent fails to specify a currency in the case Notice of Borrowing requesting a LIBOR Rate Loan, then the duration of the Interest Period applicable theretoLoan so requested shall be made in Dollars. A Notice of Borrowing received after 11:00 a.m. (Eastern 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. With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers 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. (Eastern time) (i) 11:00 a.m. on the same Business Day as each Base Rate Loan and each (other than Swingline Loan and Loans), (ii) 11:00 a.m. at least three (3) Business Days before each LIBOR Rate Loan and (iii) 1:00 p.m. on the same Business Day as each Swingline Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to Swingline Loans (other than Swingline Loans deemed requested pursuant to the Swingline Side Letter) in an aggregate principal amount of $100,000 500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing with respect to Base Rate Loans (other than Swingline Loans) and LIBOR Rate Loans received after 11:00 a.m. (Eastern 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