Common use of Requests for Borrowing Clause in Contracts

Requests for Borrowing. The Borrower shall give the Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit A-5 (a “Notice of Borrowing”) not later than 12:00 p.m. (i) on the same Business Day as each ABR Loan and each Swingline Loan, (ii) at least three (3) Business Days before each Eurodollar Loan and (iii), subject to Section 1.05, at least four (4) Business Days before each Eurocurrency Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) whether the Loan shall be denominated in dollars or an Alternative Currency, (C) if such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, (D) the amount of such borrowing, which shall be in an amount equal to the amount of the Revolving Commitment or the Alternative Currency Commitment, as applicable, then available to the Borrower, or if less, (1) with respect to ABR Loans and Swingline Loans, in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, and (2) 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 Loan or a Swingline Loan and (F) in the case of a Eurodollar Loan or a Eurocurrency Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 p.m. shall be deemed received on the next Business Day. The 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. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit A-5 B (a “Notice of Borrowing”) not later than 12:00 p.m. (i) on the same Business Day as each ABR Base Rate Loan and each Swingline Loan, Loan and (ii) at least three (3) Business Days before each Eurodollar LIBOR Rate Loan (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 (iiithe Lenders), subject to Section 1.05, at least four (4) Business Days before each Eurocurrency Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) whether the Loan shall be denominated in dollars or an Alternative Currency, (C) if such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, (D) the amount of such borrowing, which shall be in an amount equal to the amount of the Revolving Commitment or the Alternative Currency Commitment, as applicable, then available to the Borrower, or if lessbe, (1x) with respect to ABR Base Rate Loans and (other than Swingline Loans, in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, and (2) 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, (Ey) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan and Loan, (FD) in the case of a Eurodollar Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a Eurocurrency LIBOR Rate Loan, the duration of the Interest Period applicable thereto. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 12:00 p.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing.

Appears in 2 contracts

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

Requests for Borrowing. The To request a Revolving Loan or a Swingline Loan on behalf of a Borrower, the Administrative Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit A-5 F hereof (a “Notice of Borrowing”) not later than 12:00 p.m.11:00 a.m. (i) on the same Business Day as each ABR Base Rate Loan and each Swingline Loan, Loan and (ii) at least three (3) Business Days before each Eurodollar Loan and (iii), subject to Section 1.05, at least four (4) Business Days before each Eurocurrency Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) whether the Loan shall be denominated in dollars or an Alternative Currency, (C) if such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, (D) the amount of such borrowing, which shall be in an amount equal to the amount of the Revolving Commitment or the Alternative Currency Commitment, as applicable, then available to the Borrower, or if lessbe, (1x) with respect to ABR Base Rate Loans and (other than Swingline Loans) in an aggregate principal amount of $2,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to Eurodollar Rate Loans in an aggregate principal amount of $2,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, and (2) 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) 25,000 in excess thereof, (EC) whether such Loan is to be a Revolving Loan or Swingline Loan, (D) in the case of a Swingline Loan Revolving Loan, whether the Loans are to be Eurodollar Rate Loans or Base Rate Loans, and (FE) in the case of a Eurodollar Loan or a Eurocurrency Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 p.m. 11:00 a.m. shall be deemed received on the next Business Day. Any Loan or any portion thereof as to which the Administrative Borrower has not duly specified an interest rate as provided herein shall be deemed a Base Rate Loan in the case of a Revolving Loan, and any Eurodollar Rate Loan for which the Administrative Borrower fails to specify an Interest Period shall be deemed to have an Interest Period of one (1) month. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.

Appears in 2 contracts

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

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit A-5 B (a “Notice of Borrowing”) not later than 12:00 p.m. noon (i) on the same Business Day as each ABR Base Rate Loan and each Swingline Loan, Loan and (ii) at least three (3) Business Days before each Eurodollar Loan and (iii), subject to Section 1.05, at least four (4) Business Days before each Eurocurrency LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) whether the Loan shall be denominated in dollars or an Alternative Currency, (C) if such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, (D) the amount of such borrowing, which shall be in an amount equal to the amount of the Revolving Commitment or the Alternative Currency Commitment, as applicable, then available to the Borrower, or if less, (1x) with respect to ABR Base Rate Loans (other than Swingline Loans), in an aggregate principal amount of $2,000,000 or a whole multiple of $1,000,000 in excess thereof, provided that any borrowing of Base Rate Loans may be in an aggregate amount that is equal to the entire unused balance of the Revolving Credit Commitment or that is required to finance the amount of a Reimbursement Obligation under a Letter of Credit, (y) with respect to LIBOR Rate Loans, in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, in an aggregate principal amount of $100,000 250,000 or a whole multiple of $100,000 in excess thereof, and (2) 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, (EC) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan and Loan, (FD) in the case of a Eurodollar Revolving Credit Loan, whether such Loan is to be a LIBOR Rate Loan or a Eurocurrency Base Rate Loan, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 12:00 p.m. 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. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit A-5 B (a “Notice of Borrowing”) not later than 12:00 p.m. (i) 4:00 p.m. Eastern time on the same Business Day as each ABR Loan and each Swingline Loan, (ii) noon Eastern time on the same Business Day as each Base Rate Loan and (iii) noon Eastern time on a day that is at least three (3) Business Days before each Eurodollar Loan and (iii), subject to Section 1.05, at least four (4) Business Days before each Eurocurrency LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) whether the Loan shall be denominated in dollars or an Alternative Currency, (C) if such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, (D) the amount of such borrowing, which shall be in an amount equal to the amount of the Revolving Commitment or the Alternative Currency Commitment, as applicable, then available to the Borrower, or if less, (1) with respect to ABR Loans and Swingline Loansbe, in an aggregate principal amount of $100,000 2,500,000 or a whole multiple of $500,000 in excess thereof (or, in the case of Swingline Loans, $500,000 or a whole multiple of $100,000 in excess thereof, and (2) 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), (EC) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan and Loan, (FD) in the case of a Eurodollar Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a Eurocurrency LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 p.m. 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. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit A-5 B (a “Notice of Borrowing”) not later than 12:00 p.m. 11:00 a.m. (i) on the same Business Day as each ABR Base Rate Loan, each LIBOR Market Index Rate Loan and each Swingline Loan, Loan (other than Cash Management Swingline Loans) and (ii) at least three (3) Business Days before each Eurodollar Loan and (iii), subject to Section 1.05, at least four (4) Business Days before each Eurocurrency LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) whether the Loan shall be denominated in dollars or an Alternative Currency, (C) if such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, (D) the amount of such borrowing, which shall be in an amount equal to the amount of the Revolving Commitment or the Alternative Currency Commitment, as applicable, then available to the Borrower, or if lessbe, (1x) with respect to ABR Base Rate Loans and LIBOR Market Index Rate Loans (other than Swingline Loans, ) in an aggregate principal amount of $100,000 500,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $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) in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, and (2) 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, (EC) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan and Loan, (FD) in the case of a Eurodollar 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 Eurocurrency LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 p.m. 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing.

Appears in 2 contracts

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

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit A-5 2.03(a) (a “Notice of Borrowing”) not later than 12:00 p.m.11:00 a.m. (i) on the same Business Day as each ABR Base Rate Loan and each Swingline Loan, Loan and (ii) at least three (3) Business Days before each Eurodollar Loan and (iii), subject to Section 1.05, at least four (4) Business Days before each Eurocurrency LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) whether the Loan shall be denominated in dollars or an Alternative Currency, (C) if such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, (D) the amount of such borrowing, which shall be in an amount equal to the amount of the Revolving Commitment or the Alternative Currency Commitment, as applicable, then available to the Borrower, or if lessbe, (1x) with respect to ABR Base Rate Loans and (other than Swingline Loans, in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, and (2) 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 thereofthereof (or, if less, the remaining available amount of the Revolving Credit Commitment), (Ey) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof (or, if less, the remaining available amount of the Revolving Credit Commitment) and (z) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof (or, if less, the remaining available amount of the Swingline Commitment), (C) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan and Loan, (FD) in the case of a Eurodollar Revolving Credit Loan whether such Loan is to be a LIBOR Rate Loan or a Eurocurrency Base Rate Loan, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 12:00 p.m. 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.

Appears in 2 contracts

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

Requests for Borrowing. The Borrower With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit A-5 B (a "Notice of Borrowing") not later than 12:00 p.m. 11:00 a.m. (Eastern time) (i) on the same Business Day as each ABR Base Rate Loan and each Swingline Loan, Loan and (ii) at least three (3) Business Days before each Eurodollar Loan and (iii), subject to Section 1.05, at least four (4) Business Days before each Eurocurrency LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) whether the Loan shall be denominated in dollars or an Alternative Currency, (C) if such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, (D) the amount of such borrowing, which shall be in an amount equal to the amount of the Revolving Commitment or the Alternative Currency Commitment, as applicable, then available to the Borrower, or if lessbe, (1x) with respect to ABR Base Rate Loans and (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, and (2) 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, (EC) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan and Loan, (FD) in the case of a Eurodollar Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a Eurocurrency LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 p.m. 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. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit A-5 B (a “Notice of Borrowing”) not later than 12:00 p.m. 11:00 a.m. (Chicago time) (i) on the same Business Day as each ABR Loan of a proposed borrowing comprised of Base Rate Loans and each Swingline Loan, (ii) at least three (3) Business Days before each Eurodollar Loan and (iii), subject prior to Section 1.05, at least four (4) Business Days before each Eurocurrency Loanthe proposed borrowing date in the case of a borrowing comprised of LIBOR Rate Loans, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) whether the Loan shall be denominated in dollars or an Alternative Currency, (C) if such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, (D) the amount of such borrowing, which shall be in an amount equal to the amount of the Revolving Commitment or the Alternative Currency Commitment, as applicable, then available to the Borrower, or if lessbe, (1x) with respect to ABR Base Rate Loans and Swingline Loans, in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, and (2) 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 in excess thereof, as applicableand (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof, (EC) whether such Loan is the Loans are to be a Revolving Loan LIBOR Rate Loans or a Swingline Loan Base Rate Loans, and (FD) in the case of a Eurodollar Loan or a Eurocurrency LIBOR Rate Loan, the duration of the LIBOR Interest Period applicable thereto; provided, that in the case of a borrowing comprised of LIBOR Rate Loans on the Closing Date, the Borrower shall also deliver to the Administrative Agent with any Notice of Borrowing a LIBOR funding indemnity letter in form and substance reasonably acceptable to the Administrative Agent. A Notice of Borrowing received after 12:00 p.m. 11:00 a.m. (Chicago time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.

Appears in 2 contracts

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

Requests for Borrowing. The Borrower AHL, on behalf of the Borrowers, shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit A-5 B (a "Notice of Borrowing") not later than 12:00 p.m. 11:00 a.m. (Charlotte time) (i) on the same Business Day as date of borrowing with respect to each ABR Revolving Loan and each Swingline Loan, constituting a Base Rate Loan that is not a Foreign Currency Loan (ii) at least three (3) Business Days before each Eurodollar Loan Dollar LIBOR Rate Loan, and (iii), subject to Section 1.05, ) at least four (4) Business Days before each Eurocurrency Loan, Foreign Currency Loan of its intention to borrow, specifying (A) the Borrower to whom loan proceeds are to be advanced, (B) the date of such borrowing, which shall be a Business Day, (B) whether the Loan shall be denominated in dollars or an Alternative Currency, (C) if such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, (D) the amount of such borrowing, which shall be in an amount equal to the amount of the Revolving Commitment or the Alternative Currency Commitmentshall, as applicable, then available to the Borrower, or if less, (1) with respect to ABR (I) Foreign Currency Loans and (other than European Swingline Loans) and LIBOR Rate Loans, be in an aggregate principal amount of $2,000,000 or a whole multiple of $100,000 in excess thereof, (II) Base Rate Loans (other than Swingline Loans and European Swingline Loans made as Base Rate Loans), be in an aggregate principal amount of $1,000,000 and or a whole multiple of $100,000 in excess thereof, and (2III) with respect to Eurodollar Loans and Eurocurrency European Swingline Loans, be in an aggregate principal amount of $3,000,000 500,000 and or a whole multiple of $1,000,000 (or the Alternative Currency Amount thereof, as applicable) 100,000 in excess thereof, (ED) if not a Foreign Currency Loan, whether such Loan is the Loans are to be a Revolving Loan LIBOR Rate Loans or a Swingline Loan Base Rate Loans, and (FE) in the case of a Eurodollar Loan or a Eurocurrency LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing Notices received after 12:00 p.m. 11:00 a.m. (Charlotte time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Ahl Services Inc)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable irrevocable (a) prior written notice substantially in the form attached hereto as of Exhibit A-5 B (a “Notice of Borrowing”) not later than 12:00 p.m. (i) on the same Business Day as each ABR Base Rate Loan and each Swingline Loan, Loan and (ii) at least three (3) Business Days before each Eurodollar LIBOR Rate Loan (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 (iiithe Lenders), subject to Section 1.05, at least four (4) Business Days before each Eurocurrency Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) whether the Loan shall be denominated in dollars or an Alternative Currency, (C) if such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, (D) the amount of such borrowing, which shall be in an amount equal to the amount of the Revolving Commitment or the Alternative Currency Commitment, as applicable, then available to the Borrower, or if lessbe, (1x) with respect to ABR Base Rate Loans and (other than Swingline Loans, in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, and (2) 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, (Ey) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan and Loan, (FD) in the case of a Eurodollar Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a Eurocurrency LIBOR Rate Loan, the duration of the Interest Period applicable thereto. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 12:00 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. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit A-5 B (a “Notice of Borrowing”) or such other form as may be approved by the Administrative Agent (including any form on an electronic platform or electronic transmission system as shall be approved by the Administrative Agent) not later than 12:00 p.m.11:00 a.m. (i) on the same Business Day as each ABR Base Rate Loan and each Swingline Loan, Loan and (ii) at least three (3) Business Days before each Eurodollar Loan and (iii), subject to Section 1.05, at least four (4) Business Days before each Eurocurrency LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) whether the Loan shall be denominated in dollars or an Alternative Currency, (C) if such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, (D) the amount of such borrowing, which shall be in an amount equal to the amount of the Revolving Commitment or the Alternative Currency Commitment, as applicable, then available to the Borrower, or if lessbe, (1x) with respect to ABR Base Rate Loans and (other than Swingline Loans, in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, and (2) 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, (Ey) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, in the case of a Swingline Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (FE) in the case of a Eurodollar Loan or a Eurocurrency LIBOR Rate Loan, the duration of the Interest Period applicable thereto; provided that if the Borrower wishes to request LIBOR Rate Loans having an Interest Period of twelve months in duration, such notice must be received by the Administrative Agent not later than 11:00 a.m. four (4) Business Days prior to the requested date of such borrowing, whereupon the Administrative Agent shall give prompt notice to the Revolving Credit Lenders of such request and determine whether the requested Interest Period is acceptable to all of them. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 12:00 p.m. 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing. Notwithstanding the foregoing, no such Notice of Borrowing shall be required in connection with a Borrowing of a Swingline Loan when the Autoborrow Agreement is in effect.

Appears in 1 contract

Sources: Credit Agreement (Copart Inc)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit A-5 B (a “Notice of Borrowing”) not later than 12:00 p.m.11:00 a.m. (i) on the same Business Day as each ABR Base Rate Loan and each Swingline Loan, Loan and (ii) at least three (3) Business Days before each Eurodollar Loan and (iii), subject to Section 1.05, at least four (4) Business Days before each Eurocurrency LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) whether the Loan shall be denominated in dollars or an Alternative Currency, (C) if such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, (D) the amount of such borrowing, which shall be in an amount equal to the amount of the Revolving Commitment or the Alternative Currency Commitment, as applicable, then available to the Borrower, or if lessbe, (1x) with respect to ABR Base Rate Loans and (other than Swingline Loans, ) in an aggregate principal amount of $100,000 1,000,000 or a whole multiple of $100,000 500,000 in excess thereof, and (2y) with respect to Eurodollar LIBOR Rate 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 in excess thereof, as applicableand (z) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (EC) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan and Loan, (FD) in the case of a Eurodollar Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a Eurocurrency LIBOR Rate Loan, the duration of the Interest Period applicable thereto. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 12:00 p.m. 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.

Appears in 1 contract

Sources: Credit Agreement (SolarWinds, Inc.)

Requests for Borrowing. The From time to time following the date hereof through the Maturity Date, the Borrower shall give may make one or more written requests to borrow from the Agent irrevocable prior written notice substantially Lender principal amounts under this Note up to a maximum amount not to exceed, together with the aggregate principal amount then outstanding under this Note, TEN MILLION DOLLARS ($10,000,000.00) in the form attached hereto as Exhibit A-5 aggregate (a the Notice of BorrowingMaximum Amount) not later than 12:00 p.m. (i) on the same Business Day as each ABR Loan and each Swingline Loan, (ii) at least three (3) Business Days before each 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 . Such Borrowings shall be in an amount equal to the amount of the Revolving Commitment or the Alternative Currency Commitment, as applicable, then available to the Borrower, or if less, (1) with respect to ABR Loans and Swingline Loans, in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, and (2) with respect to Eurodollar Loans and Eurocurrency Loans, in an aggregate principal amount of $3,000,000 or a whole multiple increments of $1,000,000 (each, or the Alternative Currency Amount thereof, as applicable) whole multiples of $1,000,000 in excess thereof, (Eor if the then aggregate amount available for borrowing under this Note is less than $1,000,000, such aggregate lesser amount). Within two (2) whether Business Days following the Lender’s receipt of any such Loan is borrowing request, the Lender shall arrange to lend and disburse such monies to the Borrower so long as, and to the extent, the aggregate principal amount of 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 the repayment of any Borrowing (as provided below in Section 5) hereunder, the Lender shall update Schedule 1 hereto accurately to reflect any amounts so borrowed or repaid and the aggregate principal amount of 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 Borrowing hereunder shall be a Revolving Loan or a Swingline Loan and (F) made to the Borrower by wire transfer of immediately available funds in accordance with the instructions that the Borrower specifies to the Lender in the case of a Eurodollar Loan or a Eurocurrency Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 p.m. shall be deemed received on the next Business Day. The Agent shall promptly notify the Lenders of each Notice of Borrowingwritten request.

Appears in 1 contract

Sources: Revolving Note (Voltari Corp)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit A-5 B (a “Notice of Borrowing”) not later than 12:00 p.m.11:00 a.m. (i) on the same Business Day as each ABR Base Rate Loan and each Swingline Loan, Loan and (ii) at least three (3) Business Days before each Eurodollar LIBOR Rate Loan and (iii)provided that the Borrower may request, subject to Section 1.05, at least four no later than two (42) Business Days before each Eurocurrency Loanprior 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) whether the Loan shall be denominated in dollars or an Alternative Currency, (C) if such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, (D) the amount of such borrowing, which shall be in an amount equal to the amount of the Revolving Commitment or the Alternative Currency Commitment, as applicable, then available to the Borrower, or if lessbe, (1x) other than with respect to ABR Loans and Swingline Loans, in an aggregate principal amount of $100,000 1,000,000 or a whole multiple of $500,000 in excess thereof and (y) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, and (2) 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, (EC) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan and Loan, (FD) in the case of a Eurodollar Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a Eurocurrency LIBOR Rate Loan, the duration of the Interest Period applicable thereto; provided that if the Borrower wishes to request LIBOR Rate Loans having an Interest Period of nine or twelve months (or any period less than one month) in duration, such notice must be received by the Administrative Agent not later than 11:00 a.m. three (3) Business Days prior to the requested date of such borrowing, whereupon the Administrative Agent shall give prompt notice to the Revolving Credit Lenders of such request and determine whether the requested Interest Period is acceptable to all of them. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 12:00 p.m. 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing.

Appears in 1 contract

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

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit A-5 of EXHIBIT B (a "Notice of Borrowing") not later than 12:00 p.m. noon (i) on the same Business Day as each ABR Base Rate Loan and each Swingline Loan, Loan and (ii) at least three (3) Business Days before each Eurodollar Loan and (iii), subject to Section 1.05, at least four (4) Business Days before each Eurocurrency LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) whether the Loan shall be denominated in dollars or an Alternative Currency, (C) if such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, (D) the amount of such borrowing, which shall be in an amount equal to the amount of the Revolving Commitment or the Alternative Currency Commitment, as applicable, then available to the Borrower, or if lessbe, (1x) with respect to ABR Base Rate Loans and (other than Swingline Loans, ) in an aggregate principal amount of $100,000 2,000,000 or a whole multiple of $100,000 1,000,000 in excess thereof, and (2y) with respect to Eurodollar LIBOR Rate 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 thereofthereof and (z) with respect to Swingline Loans in whole multiples of $100,000, (EC) whether such Loan is Loans are to be a Revolving Loan Credit Loans or a Swingline Loan and Loans, (FD) in the case of a Eurodollar Loan Revolving Credit Loans whether the Loans are to be LIBOR Rate Loans or a Eurocurrency LoanBase Rate Loans, and (E) in the case of LIBOR Rate Loans, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 p.m. noon shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Corrections Corp of America)

Requests for Borrowing. The Borrower shall give the Administrative ---------------------- Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit A-5 B- --------- 1 (a "Notice of Revolving Credit Borrowing") (i) not later than 12:00 p.m. noon - (iCharlotte time) on the same Business Day as each ABR Loan and on which each Swingline LoanLoan is to be made, (ii) not later than 11:00 a.m. (Charlotte time) at least one (1) Business Day before each Revolving Credit Loan which is initially to be a Base Rate Loan is to be made and (iii) not later than 11:00 a.m. (Charlotte time) at least three (3) Business Days before each Eurodollar Revolving Credit Loan and (iii), subject which is initially to Section 1.05, at least four (4) Business Days before each Eurocurrency Loanbe a LIBOR Rate Loan is to be made, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) whether the Loan shall be denominated in dollars or an Alternative Currency, (C) if such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, (D) the amount of such borrowing, which shall be in an amount equal to the amount of the Aggregate Revolving Credit Commitment or the Alternative Currency Commitment, as applicable, then available to the Borrower, or if less, (1x) with respect to ABR Base Rate Loans and Swingline Loans, in an aggregate principal amount of $100,000 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 $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principle amount of $500,000 or a whole multiple of $100,000 in excess thereof, and (2) 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, (EC) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan and Loan, (FD) in the case of a Eurodollar Loan Revolving Credit Loan, whether the Loans are initially to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a Eurocurrency LIBOR Rate Loan, the duration of the initial Interest Period applicable thereto. A Notice of Borrowing Notices received after 12:00 p.m. noon (Charlotte time) in the case of Swingline Loans or 11:00 a.m. (Charlotte time) in the case of Base Rate Loans and LIBOR Rate Loans shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of BorrowingRevolving Credit Borrowing received by the Administrative Agent.

Appears in 1 contract

Sources: Credit Agreement (Richfood Holdings Inc)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit A-5 B (a “Notice of Borrowing”) not later than 12:00 p.m.11:00 a.m. (i) on the same Business Day as each ABR Base Rate Loan and each Swingline Loan, Loan and (ii) at least three (3) Business Days before each Eurodollar Loan and (iii), subject to Section 1.05, at least four (4) Business Days before each Eurocurrency LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) whether the Loan shall be denominated in dollars or an Alternative Currency, (C) if such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, (D) the amount of such borrowing, which shall be in an amount equal to the amount of the Revolving Commitment or the Alternative Currency Commitment, as applicable, then available to the Borrower, or if lessbe, (1x) with respect to ABR Base Rate Loans and (other than Swingline Loans) in an aggregate principal amount of $500,000 or a whole multiple of $250,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $500,000 or a whole multiple of $250,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, and (2) 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) 50,000 in excess thereof, (EC) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan and Loan, (FD) in the case of a Eurodollar Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a Eurocurrency LIBOR Rate Loan, the duration of the Interest Period applicable thereto. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 12:00 p.m. 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.

Appears in 1 contract

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

Requests for Borrowing. The Borrower shall give the Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit A-5 B (a "Notice of Borrowing”) "), not later than 12:00 p.m.11:00 a.m. (Charlotte time) (i) on the same at least one (1) Business Day before the Revolving Credit Loans are to be advanced in the event that the Revolving Credit Loans will initially be made as each ABR Loan and each Swingline LoanBase Rate 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 (iii) at least three (3) Business Days before each Eurodollar Loan and (iii), subject the Revolving Credit Loans are to Section 1.05, at least four (4) Business Days before each Eurocurrency Loanbe advanced in the event that the Revolving Credit Loans will initially be made as LIBOR Rate Loans, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) whether the Loan shall be denominated in dollars or an Alternative Currency, (C) if such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, (D) the amount of such borrowing, which shall be in an amount equal to the amount of the Revolving Commitment or the Alternative Currency Commitment, as applicable, then available to the Borrower, or if less, (1x) with respect to ABR Base Rate Loans and Swingline Loans, in an aggregate principal amount of $100,000 1,000,000 or a whole multiple of $100,000 500,000 in excess thereof, and (2y) with respect to Eurodollar Fixed Rate Loans and Eurocurrency Loans, in an aggregate principal amount of $3,000,000 5,000,000 or a whole multiple of $1,000,000 (or the Alternative Currency Amount thereof, as applicable) in excess thereof, (EC) whether such Loan is the Revolving Credit Loans are initially to be a Revolving Loan Base Rate Loans, CD Rate Loans or a Swingline Loan LIBOR Rate Loans, and (FD) in the case of a Eurodollar Loan CD Rate Loans or a Eurocurrency LoanLIBOR Rate Loans, the duration of the initial Interest Period applicable thereto. A Notice of Borrowing Notices received after 12:00 p.m. 11:00 a.m. (Charlotte time) shall be deemed received on the next Business Day. The 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. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit A-5 (a Notice of Borrowing”) Borrowing for the Initial Term Loans or any Series of Incremental Term Loans not later than 12:00 p.m. 1:00 p.m. (New York time) (i) on the same Business Day as each ABR Base Rate Loan and each Swingline Loan, (ii) at least three (3) Business Days before each Eurodollar Loan and (iii), subject to Section 1.05, at least four (4) Business Days before each Eurocurrency 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) whether the Loan shall be denominated in dollars or an Alternative Currency, (C) if such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, (D) the amount of such borrowing, which shall be in an amount equal to the amount of the Revolving Commitment or the Alternative Currency Commitment, as applicable, then available to the Borrower, or if lessbe, (1x) with respect to ABR Loans and Swingline Base Rate Loans, in an aggregate minimum principal amount of One Million Dollars ($100,000 or a whole multiple of $100,000 in excess thereof, 1,000,000) and (2y) with respect to Eurodollar Loans and Eurocurrency LIBOR Rate Loans, in an aggregate minimum principal amount of Two Million Five Hundred Thousand Dollars ($3,000,000 or a whole multiple of $1,000,000 (or the Alternative Currency Amount thereof, as applicable) in excess thereof2,500,000), (EC) whether such Loan is the Loans are to be a Revolving Loan LIBOR Rate Loans or a Swingline Loan Base Rate Loans and (FD) in the case of a Eurodollar Loan or a Eurocurrency LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 1:00 p.m. (New York time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing. Notwithstanding anything to the contrary, however, if the Borrower fails to deliver a Notice of Borrowing for the Initial Term Loans on the day required pursuant to this Section 4.2(a), the Borrower shall be deemed to have: (1) requested Initial Term Loans in an aggregate principal amount equal to the aggregate Initial Term Loan Commitments and (2) elected that the Initial Term Loans are to be Base Rate Loans.

Appears in 1 contract

Sources: Credit Agreement (Geo Group Inc)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit A-5 B (a “Notice of Borrowing”) not later than 12:00 p.m. noon (i) on the same Business Day as each ABR Base Rate Loan and each Swingline Loan, Loan and (ii) at least three (3) Business Days before each Eurodollar Loan and (iii), subject to Section 1.05, at least four (4) Business Days before each Eurocurrency LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) whether the Loan shall be denominated in dollars or an Alternative Currency, (C) if such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, (D) the amount of such borrowing, which shall be in an amount equal to the amount of the Revolving Commitment or the Alternative Currency Commitment, as applicable, then available to the Borrower, or if lessbe, (1x) with respect to ABR Base Rate Loans and (other than Swingline Loans, ) in an aggregate principal amount of $100,000 2,000,000 or a whole multiple of $100,000 1,000,000 in excess thereof, and (2y) with respect to Eurodollar LIBOR Rate 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 thereofthereof and (z) with respect to Swingline Loans in whole multiples of $100,000, (EC) whether such Loan is Loans are to be a Revolving Loan Credit Loans or a Swingline Loan and Loans, (FD) in the case of a Eurodollar Loan Revolving Credit Loans whether the Loans are to be LIBOR Rate Loans or a Eurocurrency LoanBase Rate Loans, and (E) in the case of LIBOR Rate Loans, the duration of the Interest Period applicable theretothereto (provided that any Revolving Credit Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date shall be made as Base Rate Loans unless the Borrower has delivered to the Administrative Agent a funding indemnity letter in form and substance reasonably satisfactory to the Administrative Agent not less than three (3) Business Days prior to the date of such Revolving Credit Loans). A Notice of Borrowing received after 12:00 p.m. noon shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Corrections Corp of America)

Requests for Borrowing. The Borrower Company, on behalf of the Borrowers, shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit A-5 B-1 (a "Notice of Revolving Credit/Swingline Borrowing") not later than 12:00 p.m. 11:00 a.m. (Charlotte time) (i) on the same Business Day as each ABR Base Rate Loan and each Swingline Loan, (ii) at least three (3) Business Days before each Eurodollar Loan and (iii), subject to Section 1.05, at least four (4) Business Days before each Eurocurrency LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) whether the Loan shall be denominated in dollars or an Alternative Currency, (C) if such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, (D) the amount of such borrowing, which shall be in an amount equal to the amount of the Revolving Credit Commitment or the Alternative Currency Commitment, as applicable, then available to the BorrowerBorrowers, or if less, (1x) with respect to ABR Base Rate Loans and (other than Swingline Loans) in an aggregate principal amount of $500,000 or a whole multiple of $50,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $3,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $100,000 or a whole multiple of $100,000 50,000 in excess thereof, and thereof (2) with respect provided that Swingline Loans being made pursuant to Eurodollar Loans and Eurocurrency Loans, the SweepPlus Program may be in an aggregate principal a minimum amount of $3,000,000 1,000 or a whole multiple of $1,000,000 (or the Alternative Currency Amount any increment thereof, as applicable) in excess thereof), (EC) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan and Loan, (FD) in the case of a Eurodollar Revolving Credit Loan, whether such Loan is to be a LIBOR Rate Loan or a Eurocurrency Base Rate Loan and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing Notices received after 12:00 p.m. 11:00 a.m. (Charlotte time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Revolving Credit/Swingline Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Global Imaging Systems Inc)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice (or telephonic notice, confirmed in writing), such written notice or written confirmation to be substantially in the form attached hereto as Exhibit A-5 B (a "Notice of Borrowing") not later than 12:00 p.m. 11:00 a.m. (Charlotte time) (i) on the same Business Day as each ABR Base Rate Loan and each Swingline Loan, Loan and (ii) at least three (3) Business Days before each Eurodollar Loan and (iii), subject to Section 1.05, at least four (4) Business Days before each Eurocurrency LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) whether the Loan shall be denominated in dollars or an Alternative Currency, (C) if such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, (D) the amount of such borrowing, which shall be in an amount equal to the amount of the Revolving Commitment or the Alternative Currency Commitment, as applicable, then available to the Borrower, or if lessbe, (1x) with respect to ABR Base Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $250,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, Loans in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, and (2) 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, (EC) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan and Loan, (FD) in the case of a Eurodollar Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a Eurocurrency LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 p.m. 11:00 a.m. (Charlotte time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Rare Hospitality International Inc)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit A-5 B (a “Notice of Borrowing”) not later than 12:00 p.m.10:00 a.m. (i) on the same Business Day as each ABR Base Rate Loan and each Swingline Loan, (ii) at least three (3) Business Days before each Eurodollar Loan and (iii), subject to Section 1.05, at least four (4) Business Days before each Eurocurrency LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) whether the Loan shall be denominated in dollars or an Alternative Currency, (C) if such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, (D) the amount of such borrowing, which shall be in an amount equal to the amount of the Revolving Commitment or the Alternative Currency Commitment, as applicable, then available to the Borrower, or if lessbe, (1y) with respect to ABR Base Rate Loans and Swingline Loans, in an aggregate principal amount of $100,000 1,000,000 or a whole multiple of $100,000 1,000,000 in excess thereof, thereof and (2z) with respect to Eurodollar LIBOR Rate Loans and Eurocurrency Loans, in an aggregate principal amount of $3,000,000 1,000,000 or a whole multiple of $1,000,000 (or the Alternative Currency Amount thereof, as applicable) in excess thereof, (EC) whether such Loan is the Revolving Credit Loans are to be a Revolving Loan LIBOR Rate Loans or a Swingline Loan Base Rate Loans, and (FD) in the case of a Eurodollar Loan or a Eurocurrency LIBOR Rate Loan, the duration of the Interest Period applicable thereto. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 12:00 p.m. 10:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Cirrus Logic, Inc.)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit A-5 A-1 (a “Notice of Borrowing”) not later than 12:00 p.m.11:00 a.m. (i) on the same Business Day as each ABR Base Rate Loan and each Swingline Daily Simple SOFR Loan, and (ii) at least three (3) U.S. Government Securities Business Days before each Eurodollar Loan and (iii), subject to Section 1.05, at least four (4) Business Days before each Eurocurrency Term SOFR Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) whether the Loan shall be denominated in dollars or an Alternative Currency, (C) if such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, (D) the amount of such borrowing, which shall be in an amount equal to the amount of the Revolving Commitment or the Alternative Currency Commitment, as applicable, then available to the Borrower, or if lessbe, (1x) with respect to ABR Base Rate Loans and Swingline Loans, in an aggregate principal amount of $100,000 1,000,000 or a whole multiple of $100,000 500,000 in excess thereof, and (2y) with respect to Eurodollar SOFR Loans and Eurocurrency Loans, in an aggregate principal amount of $3,000,000 2,000,000 or a whole multiple of $1,000,000 (or the Alternative Currency Amount thereof, as applicable) in excess thereof, (EC) whether such Revolving Credit Loan is to be a Revolving Daily Simple SOFR Loan, a Term SOFR Loan or a Swingline Loan Base Rate Loan, and (FD) in the case of a Eurodollar Loan or a Eurocurrency Term SOFR Loan, the duration of the Interest Period applicable thereto. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a borrowing of a Term SOFR Loan in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 12:00 p.m. 11:00 a.m. shall be deemed received on the next Business Day or U.S. Government Securities Business Day, as applicable. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Ryman Hospitality Properties, Inc.)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit A-5 B (a “Notice of Borrowing”) not later than 12:00 p.m.11:00 a.m. (i) on the same Business Day as each ABR Base Rate Loan and each Swingline Loan, Loan and (ii) at least three (3) Business Days before each Eurodollar Loan and (iii), subject to Section 1.05, at least four (4) Business Days before each Eurocurrency LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) whether the Loan shall be denominated in dollars or an Alternative Currency, (C) if such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, (D) the amount of such borrowing, which shall be in an amount equal to the amount of the Revolving Commitment or the Alternative Currency Commitment, as applicable, then available to the Borrower, or if lessbe, (1x) with respect to ABR Base Rate Loans and (other than Swingline Loans, ) in an aggregate principal amount of $100,000 1,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, and (2) 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, (EC) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan and Loan, (FD) in the case of a Eurodollar Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a Eurocurrency LIBOR Rate Loan, the duration of the Interest Period applicable thereto. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 12:00 p.m. 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Afc Enterprises Inc)

Requests for Borrowing. The Borrower Borrowers shall give the Administrative ---------------------- Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit A-5 B --------- (a "Notice of Borrowing") not later than 12:00 p.m. 11:00 a.m. (Charlotte time) (i) on the same Business Day as each ABR Base Rate Loan and each Swingline Loan, Loan and (ii) at least three (3) Business Days before each Eurodollar Loan and (iii), subject to Section 1.05, at least four (4) Business Days before each Eurocurrency LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) whether the Loan shall be denominated in dollars or an Alternative Currency, (C) if such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, (D) the amount of such borrowing, which shall be in an amount equal to the maximum amount of the Revolving Credit Commitment or the Alternative Currency Commitment, as applicable, then available to the BorrowerBorrowers, or if less, (1x) with respect to ABR Base Rate Loans in an aggregate principal amount of $500,000 or a whole multiple of $250,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $2,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to Swingline Loans, Loans in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, and (2) with respect to Eurodollar Loans and Eurocurrency Loans, in an aggregate principal any amount of $3,000,000 or a whole multiple of $1,000,000 (or the Alternative Currency Amount thereof, as applicable) in excess thereof, (EC) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan and Loan, (FD) in the case of a Eurodollar Loan Revolving Credit Loan, whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a Eurocurrency LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 p.m. 11:00 a.m. (Charlotte time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each such Notice of Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Choice One Communications Inc)

Requests for Borrowing. The Borrower Parent shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit A-5 B (a “Notice of Borrowing”) not later than 12:00 p.m.11:00 a. m. (i) on the same Business Day as each ABR Base Rate Loan and each Swingline Loan, Loan and (ii) at least three (3) Business Days before each Eurodollar LIBOR Rate 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 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, (B) whether the Loan shall be denominated in dollars or an Alternative Currency, (C) if such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, (D) the amount of such borrowing, which shall be in an amount equal to the amount of the Revolving Commitment or the Alternative Currency Commitment, as applicable, then available to the Borrower, or if lessbe, (1x) with respect to ABR Base Rate Loans and (other than Swingline Loans) in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, and (z) with respect to Swingline Loans in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, and (2) 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, (ED) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (E) in the case of a Swingline Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (F) in the case of a Eurodollar Loan or a Eurocurrency 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 12:00 p.m. 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Mitel Networks Corp)

Requests for Borrowing. The Borrower GTS, on behalf of the Borrowers, shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit A-5 C-1 (a "Notice of Revolving Credit/Swingline Borrowing") not later than 12:00 p.m. 11:00 a.m. (Charlotte time) (i) on the same Business Day as each ABR Loan and each Swingline Loan, (ii) at least one (1) Business Day before each Base Rate Loan and (iii) at least three (3) Business Days before each Eurodollar Loan and (iii), subject to Section 1.05, at least four (4) Business Days before each Eurocurrency LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) whether the Loan shall be denominated in dollars or an Alternative Currency, (C) if such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, (D) the amount of such borrowing, which shall be in an amount equal to the amount of the Revolving Aggregate Commitment or the Alternative Currency Commitment, as applicable, then available to the BorrowerBorrowers, or if less, (1x) with respect to ABR Base Rate Loans and Swingline Loans, in an aggregate principal amount of $100,000 1,000,000 or a whole multiple of $250,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $2,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principle amount of $500,000 or a whole multiple of $100,000 in excess thereof, and (2) 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, (EC) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan and Loan, (FD) in the case of a Eurodollar Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a Eurocurrency LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing Notices received after 12:00 p.m. 11:00 a.m. (Charlotte time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.

Appears in 1 contract

Sources: Credit Agreement (GTS Duratek Inc)

Requests for Borrowing. The Borrower Company, on behalf of the Borrowers, shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit A-5 C-1 (a "Notice of Revolving Credit/Swingline Borrowing") not later than 12:00 p.m. 11:00 a.m. (Charlotte time) (i) on the same Business Day as each ABR Swingline Loan or Base Rate Loan and each Swingline Loan, (ii) at least three (3) Business Days before each Eurodollar Loan and (iii), subject to Section 1.05, at least four (4) Business Days before each Eurocurrency LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) whether the Loan shall be denominated in dollars or an Alternative Currency, (C) if such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, (D) the amount of such borrowing, which shall be in an amount equal to the amount of the Revolving Aggregate Commitment or the Alternative Currency Commitment, as applicable, then available to the BorrowerBorrowers, or if less, (1x) with respect to ABR Base Rate Loans and Swingline Loans, in an aggregate principal amount of $100,000 1,000,000 or a whole multiple of $100,000 500,000 in excess thereof, and (2y) with respect to Eurodollar LIBOR Rate Loans and Eurocurrency Loans, in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $50,000 or the Alternative Currency Amount thereof, as applicable) a whole multiple thereof in excess thereof, (EC) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan and Loan, (FD) in the case of a Eurodollar Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a Eurocurrency LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing Notices received after 12:00 p.m. 11:00 a. m. (Charlotte time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Duratek Inc)

Requests for Borrowing. The Borrower shall give (i) the Administrative Agent irrevocable prior written notice substantially in the form attached hereto of Exhibit B or such other form as Exhibit A-5 may be reasonably approved by the Administrative Agent or the Swingline Lender, as applicable (including any form on an electronic platform or electronic transmission system as shall be approved by the Administrative Agent or the Swingline Lender, as applicable), appropriately completed and signed by a Responsible Officer of the Borrower (a “Notice of Borrowing”) ), not later than 12:00 p.m. noon (iA) on the same one Business Day as before each ABR Base Rate Loan and each Swingline Loan, (iiB) at least three (3) Business Days before each Eurodollar Loan and (iii)or, subject to Section 1.05solely in the case of any Loans made on the Closing Date, at least four one (41) Business Days Day) before each Eurocurrency SOFR Loan, and (ii) the Swingline Lender (with a copy to the Administrative Agent) a Notice of Borrowing (which shall be irrevocable), not later than 12:00 noon 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) whether the Loan shall be denominated in dollars or an Alternative Currency, (C) if such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, (D) the amount of such borrowing, which shall be in an amount equal to the amount of the Revolving Commitment or the Alternative Currency Commitment, as applicable, then available to the Borrower, or if lessbe, (1x) with respect to ABR Base Rate Loans and (other than Swingline Loans, ) in an aggregate principal amount of $100,000 2,000,000 or a whole multiple of $100,000 1,000,000 in excess thereof, and (2y) with respect to Eurodollar SOFR 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 thereofthereof and (z) with respect to Swingline Loans in whole multiples of $100,000, (EC) whether such Loan is Loans are to be a Revolving Loan Credit Loans or a Swingline Loan and Loans, (FD) in the case of a Eurodollar Loan Revolving Credit Loans whether the Loans are to be SOFR Loans or a Eurocurrency LoanBase Rate Loans, and (E) in the case of SOFR Loans, the duration of the Interest Period applicable theretothereto (provided that any Revolving Credit Loans made on 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 one (1) Business Day prior to the date of such Revolving Credit Loans); provided that, notwithstanding the foregoing, the Borrower may provide such notice of a Swingline Loan to the Swingline Lender by telephone; provided that any telephonic notice must be confirmed promptly thereafter by delivery to the Swingline Lender (with a copy to the Administrative Agent) of a Notice of Borrowing. A Notice of Borrowing received after 12:00 p.m. noon shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing.

Appears in 1 contract

Sources: Credit Agreement (CoreCivic, Inc.)

Requests for Borrowing. The Borrower BORROWER shall give the Agent ADMINISTRATIVE AGENT irrevocable prior written notice substantially (a "NOTICE OF BORROWING"): (i) in the form attached hereto as Exhibit A-5 (a “Notice of Borrowing”) E in connection with BASE RATE LOANS, not later than 12:00 p.m. 2:00 p.m. (iCharlotte time) on the same Business Day BUSINESS DAY as each ABR Loan BASE RATE LOAN; and each Swingline Loan, (ii) in the form attached hereto as Exhibit F in connection with LIBOR RATE LOANS not later than 11:00 a.m. (Charlotte time) at least three (3) Business Days BUSINESS DAYS before each Eurodollar Loan and (iii), subject to Section 1.05, at least four (4) Business Days before each Eurocurrency LoanLIBOR RATE LOAN, of its intention to borrow, specifying (A1) the date of such borrowing, which shall be a Business DayBUSINESS 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, (D2) the amount of such borrowing, which shall be in an amount equal to the amount of the Revolving Commitment or the Alternative Currency Commitment, as applicable, then available to the Borrower, or if less, (1) with respect to ABR Loans and Swingline Loans, in LIBOR RATE LOANS an aggregate principal amount of Two Million Five Hundred Thousand DOLLARS ($100,000 2,500,000.00) or a whole multiple of Five Hundred Thousand DOLLARS ($100,000 in excess thereof, and (2) 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 applicable500,000.00) in excess thereof, (E3) whether such Loan is the LOANS are to be a Revolving Loan LIBOR RATE LOANS, or a Swingline Loan BASE RATE LOANS, and (F4) in the case of a Eurodollar Loan or a Eurocurrency LoanLIBOR RATE LOAN, the duration of the Interest Period INTEREST PERIOD applicable thereto. A Notice of Borrowing Notices received after 12:00 p.m. the 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 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. The Borrower shall give the Administrative ---------------------- Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit A-5 B --------- (a "Notice of Borrowing") not later than 12:00 p.m. 11:00 a.m. (Charlotte time) (i) on the same Business Day as for each ABR Base Rate Loan and each Swingline Loan, Loan and (ii) at least three (3) Business Days before each Eurodollar Loan and (iii), subject to Section 1.05, at least four (4) Business Days before each Eurocurrency LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) whether the Loan shall be denominated in dollars or an Alternative Currency, (C) if such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, (D) the amount of such borrowing, which shall be in an amount equal to the amount of the Revolving Commitment or the Alternative Currency Commitment, as applicable, then available to the Borrower, or if less, (1x) with respect to ABR Loans and Swingline Loanseach LIBOR Rate Loan, in an aggregate a principal amount of $100,000 2,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to each Base Rate Loan, in a principal amount of $1,000,000 or a whole multiple of $100,000 in excess thereof, and (2z) with respect to Eurodollar Loans and Eurocurrency Loanseach Swingline Loan, in an aggregate a principal amount of $3,000,000 250,000 or a whole multiple of $1,000,000 (or the Alternative Currency Amount thereof, as applicable) 50,000 in excess thereof, (EC) whether such Loan is to be a Revolving Working Capital Loan, Swingline Loan, Permitted Acquisition Loan or a Swingline Loan and IPC Acquisition Loan, (FD) in the case of a Eurodollar Working Capital Loan, Permitted Acquisition Loan or IPC Acquisition Loan, whether such Loan is to be a Eurocurrency LIBOR Rate Loan or Base Rate Loan, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 p.m. 11:00 a.m. (Charlotte time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Inergy L P)

Requests for Borrowing. The Borrower A request for a borrowing shall give the Agent irrevocable prior written notice substantially be made, ---------------------- or shall be deemed to be made, in the form attached hereto as Exhibit A-5 (a “Notice of Borrowing”) not later than 12:00 p.m.following manner: (i) on the same Business Day as Borrower shall give Lender notice of each ABR Loan and each Swingline request for a Revolving Credit Loan, therein specifying the 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 to 11 a.m., Dallas, Texas time) (i) two (2) Business Days prior to the requested Funding Date, in the case of LIBOR Rate Loans and (ii) at least three (3) Business Days before each Eurodollar Loan and (iiino later than 11:00 a.m., Dallas, Texas time on the requested Funding Date, in the case of Base Rate Loans), subject to Section 1.05, at least four (4) Business Days before each Eurocurrency Loan, of its intention to borrow, specifying specifying: (A) the date amount of such borrowingthe 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 $100,000 in excess thereof); (B) the requested Funding Date, which shall be a Business Day, ; (BC) whether the Loan shall Revolving Credit Loans requested are to be denominated in dollars Base Rate Revolving Credit Loans or an Alternative Currency, (C) if such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, LIBOR Revolving Credit Loans; and (D) the duration of the Interest Period if the requested Revolving Credit Loans are to be LIBOR Revolving Credit Loans. If the Notice of Borrowing fails to specify the duration of the Interest Period for any Borrowing comprised of LIBOR Rate Loans, such Interest Period shall be one month. (ii) 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 to be a request for a borrowing on the date of such borrowing, which shall be 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 Commitment or the Alternative Currency CommitmentCredit Loans (provided, as applicable-------- however, then available that Lender shall have no obligation to the Borrower, or if less, make any such ------- Revolving Credit Loan). (1iv) with respect pursuant to ABR Loans and Swingline Loans, in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, and (2) 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 Loan or a Swingline Loan and (F) in the case of a Eurodollar Loan or a Eurocurrency Loan, the duration of the Interest Period applicable theretoSection 2.5(e)(ii). A Notice of Borrowing received after 12:00 p.m. shall be deemed received on the next Business Day. The Agent shall promptly notify the Lenders of each Notice of Borrowing.------------------

Appears in 1 contract

Sources: Loan and Security Agreement (Acr Group Inc)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit A-5 B (a "Notice of Borrowing") not later than 12:00 p.m. 11:00 a.m. (Charlotte time) (i) on the same Business Day as each ABR Loan and each Swingline Base Rate Loan, (ii) at least three (3) Business Days before each Eurodollar LIBOR Rate Loan denominated in Dollars and (iii), subject to Section 1.05, ) at least four (4) Business Days before each Eurocurrency LoanLIBOR 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 Loans are to be LIBOR Rate Loans or Base Rate Loans, (C) whether the Loan shall be denominated in dollars Dollars or an Alternative Currency; provided that, (C) if such Loan is all Loans denominated in dollars, whether such Loan an Alternative Currency shall be a Eurodollar Loan or an ABR LoanLIBOR Rate Loans, (D) the amount of such borrowing, which shall be in an amount equal to the amount of the Revolving Aggregate Commitment or the Alternative Currency Commitment, as if applicable, then available to the Borrower, or if less, (1x) with respect to ABR Base Rate Loans and Swingline Loans, in an aggregate minimum principal amount of $100,000 500,000 or a whole multiple of $100,000 250,000 in excess thereof, and (2y) with respect to Eurodollar LIBOR Rate Loans and Eurocurrency Loansdenominated in Dollars, in an aggregate minimum 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, 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) whether such Loan is to be a Revolving Loan or a Swingline Loan and (F) in the case of a Eurodollar Loan or a Eurocurrency LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing Notices received after 12:00 p.m. 11:00 a.m. (Charlotte time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Gt Interactive Software Corp)

Requests for Borrowing. The Borrower Company shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit A-5 B (a “Notice of Borrowing”) not later than 12:00 p.m.11:00 a.m. (i) on the same Business Day as each ABR Base Rate Loan and each Swingline Loan, Loan and (ii) at least three (3) U.S. Government Securities Business Days before each Eurodollar SOFR Loan and (iii), subject to Section 1.05, or at least four one (41) U.S. Government Securities Business Days before each Eurocurrency Loan, 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) whether the Loan shall be denominated in dollars or an Alternative Currency, (C) if such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, (D) the amount of such borrowing, which shall be in an amount equal to the amount of the Revolving Commitment or the Alternative Currency Commitment, as applicable, then available to the Borrower, or if lessbe, (1x) with respect to ABR Base Rate Loans and (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 SOFR Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, and thereof (2) with respect to Eurodollar Loans and Eurocurrency Loansor, in an aggregate principal each case, the remaining amount of $3,000,000 or a whole multiple of $1,000,000 (the Revolving Credit Commitment or the Alternative Currency Amount thereofSwingline Commitment, as applicable) in excess thereof), (EC) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan and Loan, (FD) in the case of a Eurodollar Revolving Credit Loan whether such Revolving Credit Loan is to be a SOFR Loan or a Eurocurrency Base Rate Loan, and (E) in the case of a 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 12:00 p.m. 11:00 a.m. shall be deemed received on the next Business Day or U.S. Government Securities Business Day, as applicable. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Tecnoglass Inc.)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit A-5 B (a “Notice of Borrowing”) not later than 12:00 p.m. (i) 3:00 p.m. on the same Business Day as each ABR Loan and each Swingline Loan, (ii) 11:00 a.m. on the same Business Day as each Base Rate Loan and (iii) at least three (3) Business Days before each Eurodollar Loan and (iii), subject to Section 1.05, at least four (4) Business Days before each Eurocurrency LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) whether the Loan shall be denominated in dollars or an Alternative Currency, (C) if such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, (D) the amount of such borrowing, which shall be in an amount equal to the amount of the Revolving Commitment or the Alternative Currency Commitment, as applicable, then available to the Borrower, or if lessbe, (1x) with respect to ABR Revolving Loans and Swingline Loans, in an aggregate principal amount of $100,000 1,000,000 or a whole multiple of $500,000 in excess thereof and (y) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, and (2) 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, (EC) whether such Loan is to be a Revolving Loan or a Swingline Loan and Loan, (FD) in the case of a Eurodollar Revolving Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a Eurocurrency LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 p.m. 11:00 a.m. (or, in respect of any Swingline Loan, 3:00 p.m.) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Lenders of each Notice of Borrowing. Notwithstanding the foregoing, all Revolving Loans made on the Closing Date shall be made as Base Rate Loans.

Appears in 1 contract

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

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit A-5 B-1 (a “Notice of Revolving Credit/Swingline Borrowing”) not later than 12:00 p.m. 11:00 a.m. (Charlotte time) (i) on the same Business Day as each ABR Base Rate Loan and each Swingline Loan, Loan and (ii) at least three (3) Business Days before each Eurodollar Loan and (iii), subject to Section 1.05, at least four (4) Business Days before each Eurocurrency LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) whether the Loan shall be denominated in dollars or an Alternative Currency, (C) if such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, (D) the amount of such borrowing, which shall be in an amount equal to the amount of the Revolving Credit Commitment or the Alternative Currency Commitment, as applicable, then available to the Borrower, or if less, (1x) with respect to ABR Base Rate Loans in an aggregate principal amount of $500,000 or a whole multiple of $50,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $3,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to Swingline Loans, Loans in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, and (2) 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) 50,000 in excess thereof, (EC) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan and Loan, (FD) in the case of a Eurodollar Revolving Credit Loan, whether such Loan is to be a LIBOR Rate Loan or a Eurocurrency Base Rate Loan and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto; provided that Swingline Loans made pursuant to the SweepPlus Program shall be made pursuant to the terms and conditions thereof and shall be in a minimum amount of $1,000 or any increment thereof. A Notice of Borrowing Notices received after 12:00 p.m. 11:00 a.m. (Charlotte time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Revolving Credit/Swingline Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Global Imaging Systems Inc)

Requests for Borrowing. The Borrower Company or the applicable Borrowing Subsidiary shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit A-5 B (a “Notice of Borrowing”) not later than 12:00 p.m. 11:00 a.m. (Chicago time) (i) on the same Business Day as each ABR Loan and each Swingline Base Rate Loan, (ii) at least three (3) Business Days before each Eurodollar LIBOR Rate Loan in Dollars and (iii), subject to Section 1.05, ) at least four (4) Business Days before each Eurocurrency LoanLIBOR 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) whether the Loan shall be denominated in dollars or an Alternative Currency, (C) if such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, (D) the amount of such borrowing, which shall be in an amount equal to the amount of the Revolving Commitment or the Alternative Currency Commitment, as applicable, then available to the Borrower, or if lessbe, (1x) with respect to ABR Base Rate Loans and Swingline Loans, in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, and (2) with respect to Eurodollar Loans and Eurocurrency Loans, in an aggregate principal amount Dollar Amount of $3,000,000 or a whole multiple Dollar Amount of $1,000,000 (or the Alternative Currency Amount in excess thereof, as applicableand (y) with respect to LIBOR Rate Loans in an aggregate principal Dollar Amount of $5,000,000 or a whole multiple Dollar Amount of $1,000,000 in excess thereof, (EC) whether such Loan is the Loans are to be a Revolving Loan LIBOR Rate Loans or a Swingline Loan and Base Rate Loans, (FD) in the case of a Eurodollar Loan or a Eurocurrency LIBOR Rate Loan, the duration of the LIBOR Interest Period applicable thereto and (E) the Agreed Currency applicable thereto. A Notice of Borrowing received after 12:00 p.m. 11:00 a.m. (Chicago time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Grainger W W Inc)

Requests for Borrowing. The Borrower Borrowers shall give the Administrative ---------------------- Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit A-5 B --------- (a "Notice of Borrowing") not later than 12:00 p.m. 11:00 a.m. (Charlotte time) (i) on the same Business Day as each ABR Base Rate Loan and each Swingline Loan, Loan and (ii) at least three (3) Business Days before each Eurodollar Loan and (iii), subject to Section 1.05, at least four (4) Business Days before each Eurocurrency LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) whether the Loan shall be denominated in dollars or an Alternative Currency, (C) if such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, (D) the amount of such borrowing, which shall be in an amount equal to the maximum amount of the Revolving Credit Commitment or the Alternative Currency Commitment, as applicable, then available to the BorrowerBorrowers, or if less, (1x) with respect to ABR Base Rate Loans in an aggregate principal amount of $500,000 or a whole multiple of $250,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $2,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to Swingline Loans, Loans in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, and (2) with respect to Eurodollar Loans and Eurocurrency Loans, in an aggregate principal any amount of $3,000,000 or a whole multiple of $1,000,000 (or the Alternative Currency Amount thereof, as applicable) in excess thereof, (EC) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan and Loan, (FD) in the case of a Eurodollar Loan Revolving Credit Loan, whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a Eurocurrency LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 p.m. 11:00 a.m. (Charlotte time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each such Notice of Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Choice One Communications Inc)

Requests for Borrowing. The Unless otherwise consented to by the Administrative Agent, the Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit A-5 B (a “Notice of Borrowing”) not later than 12:00 p.m. 11:00 a.m. (i) on the same Business Day as each ABR Loan and each requested date of any Borrowing of Base Rate Loans or Swingline LoanLoans, (ii) at least five (5) U.S. Government Securities Business Days before each Borrowing of Daily Simple SOFR Loans and (iii) at least three (3) U.S. Government Securities Business Days before each Eurodollar Loan and the requested date of any Borrowing of Term SOFR Loans (iii), subject to Section 1.05, or at least four one (41) U.S. Government Securities Business Days Day before each Eurocurrency Loana 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) 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 borrowingBorrowing, which shall be in an amount equal to the amount of the Revolving Commitment or the Alternative Currency Commitment, as applicable, then available to the Borrower, or if lessbe, (1x) with respect to ABR a 202564162_8 Borrowing of Base Rate Loans and Swingline Loans, in an aggregate principal amount of $100,000 500,000 or a whole multiple of $100,000 in excess thereof, and (2y) with respect to Eurodollar a Borrowing of SOFR Loans and Eurocurrency Loans, in an aggregate principal amount of $3,000,000 1,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans in an aggregate principal amount of $25,000 or the Alternative Currency Amount thereof, as applicable) a whole multiple of $10,000 in excess thereof, (EC) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan Loan, (D) the Type of Loans to be borrowed (provided that all Swingline Loans shall be Base Rate Loans), and (FE) in the case of a Eurodollar Loan or a Eurocurrency 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 12:00 p.m. 11:00 a.m. shall be deemed received on the next Business Day or U.S. Government Securities Business Day, as applicable. The Administrative Agent shall promptly notify the Lenders of each Notice of 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

Sources: Credit Agreement (MGP Ingredients Inc)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit A-5 B (a “Notice of Borrowing”) not later than 12:00 p.m. (i) on the same Business Day as each ABR Base Rate Loan and each Swingline Loan, Loan (other than Cash Management Swingline Loans) and (ii) at least three (3) Business Days before each Eurodollar Loan and (iii), subject to Section 1.05, at least four (4) Business Days before each Eurocurrency LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) whether the Loan shall be denominated in dollars or an Alternative Currency, (C) if such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, (D) the amount of such borrowing, which shall be in an amount equal to the amount of the Revolving Commitment or the Alternative Currency Commitment, as applicable, then available to the Borrower, or if lessbe, (1x) with respect to ABR Base Rate Loans and (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 $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) in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, and (2) 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) 50,000 in excess thereof, (EC) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan and Loan, (FD) in the case of a Eurodollar Loan Revolving Credit Loan, whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a Eurocurrency LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 p.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Lmi Aerospace Inc)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit A-5 B (a “Notice of Borrowing”) not later than 12:00 p.m. (i) 11:00 a.m. on the same Business Day as each ABR Loan and each Swingline Base Rate Loan, (ii) 11:00 a.m. on the same Business Day as each Swingline Loan and (iii) 11:00 a.m. at least three (3) Business Days before each Eurodollar Loan and (iii), subject to Section 1.05, at least four (4) Business Days before each Eurocurrency LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) whether the Loan shall be denominated in dollars or an Alternative Currency, (C) if such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, (D) the amount of such borrowing, which shall be in an amount equal to the amount of the Revolving Commitment or the Alternative Currency Commitment, as applicable, then available to the Borrower, or if lessbe, (1x) with respect to ABR Base Rate Loans and (other than Swingline Loans, ) in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, and (2y) with respect to Eurodollar LIBOR Rate Loans and Eurocurrency Loans, in an aggregate principal amount of $3,000,000 1,000,000 or a whole multiple of $1,000,000 100,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $100,000 or the Alternative Currency Amount thereof, as applicable) a whole multiple of $100,000 in excess thereof, (EC) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan and Loan, (FD) in the case of a Eurodollar Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a Eurocurrency LIBOR Rate Loan, the duration of the Interest Period applicable thereto. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 12:00 p.m. 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Patrick Industries Inc)

Requests for Borrowing. The Borrower Parent, on behalf of the Applicable Borrower, shall give the Agent Lender irrevocable prior written notice substantially in the form attached hereto as of Exhibit A-5 B (a “Notice of Borrowing”) not later than 12:00 1:00 p.m. (i) on the same Business Day as each ABR Loan and each Swingline Base Rate Loan, (ii) at least three (3) Business Days before each Eurodollar LIBOR Rate Loan denominated in Dollars, Euros or Sterling and (iii), subject to Section 1.05, ) at least four (4) Business Days before each Eurocurrency LoanLoan 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, ; (B) whether the Loan shall be denominated in dollars or an Alternative Currency, (Cii) if such Loan is a Foreign Currency Loan, the applicable Foreign Currency in which such Loan is to be funded; (iii) if such Loan is a Loan denominated in dollarsDollars, whether such Loan shall be a Eurodollar LIBOR Rate Loan or an ABR a Base Rate Loan, ; (Div) the amount of such borrowing, which shall be in an amount equal to the amount of the Revolving Commitment or the Alternative Currency Commitment, as applicable, then available to the Borrower, or if less, (1) with respect to ABR Loans and Swingline Loans, in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, and (2) 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 Loan or a Swingline Loan and (F) in the case of a Eurodollar Loan or a Eurocurrency LIBOR Rate Loan, the duration of the Interest Period applicable thereto; and (v) the amount of such borrowing, which shall be, (A) with respect to Base Rate Loans in an aggregate principal amount of $500,000 or a whole multiple of $500,000 in excess thereof or (B) with respect to LIBOR Rate Loans in an aggregate principal amount of $500,000 or a whole multiple of $500,000 in excess thereof (or, in the case of borrowings denominated in a Foreign Currency, in such increments as the Lender may from time to time determine). If Parent fails to specify a currency in the Notice of Borrowing requesting a Loan, then the Loan so requested shall be made in Dollars. A Notice of Borrowing received after 12:00 1:00 p.m. shall be deemed received on the next Business Day. The Agent shall promptly notify the Lenders of each Notice of Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Twin Disc Inc)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit A-5 B (a "Notice of Revolving Credit Borrowing") not later than 12:00 p.m. 11:00 a.m. (Charlotte time) (i) on the same Business Day as each ABR Base Rate Loan and each Swingline Loan, (ii) at least three (3) Business Days before each Eurodollar Loan and (iii), subject to Section 1.05, at least four (4) Business Days before each Eurocurrency LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) whether the Loan shall be denominated in dollars or an Alternative Currency, (C) if such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, (D) the amount of such borrowing, which shall be in an amount equal to the amount of the Revolving Aggregate Commitment or the Alternative Currency Commitment, as applicable, then available to the Borrower, or if less, (1x) with respect to ABR Base Rate Loans and Swingline Loans, in an aggregate principal amount of $100,000 1,000,000 or a whole multiple of $100,000 250,000 in excess thereof, thereof and (2y) with respect to Eurodollar LIBOR Rate 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, (EC) whether such Loan is to be a Revolving Loan or a Swingline Loan and Credit Loan, (FD) in the case of a Eurodollar Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a Eurocurrency LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing Notices received after 12:00 p.m. 11:00 a.m. (Charlotte time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Performance Food Group Co)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit A-5 B (a “Notice of Borrowing”) not later than 12:00 p.m.9:00 a.m. (i) on the same Business Day as each ABR Base Rate Loan and each Swingline Loan, Loan and (ii) at least three (3) Business Days before each Eurodollar Loan and (iii)or, subject to Section 1.05, at least four solely in the case of a borrowing on the Closing Date no later than 10:00 a.m. two (42) Business Days before before) each Eurocurrency LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) whether the Loan shall be denominated in dollars or an Alternative Currency, (C) if such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, (D) the amount of such borrowing, which shall be in an amount equal to the amount of the Revolving Commitment or the Alternative Currency Commitment, as applicable, then available to the Borrower, or if lessbe, (1x) with respect to ABR Base Rate Loans and (other than Swingline Loans, in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, and (2) 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, (Ey) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof (or, in each case, the remaining amount of the Revolving Credit Commitment or the Swingline Commitment, as applicable), (C) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan and Loan, (FD) in the case of a Eurodollar Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a Eurocurrency LIBOR Rate Loan, the duration of the Interest Period applicable thereto. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 12:00 p.m. 9:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing.

Appears in 1 contract

Sources: Credit Agreement (STAMPS.COM Inc)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit A-5 B (a "Notice of Revolving Credit Borrowing") not later than 12:00 p.m.11:00 a.m. (Charlotte time) (i) on the same at least one (1) Business Day as before each ABR Revolving Credit Loan which is initially to be a Base Rate Loan is to be made and each Swingline Loan, (ii) at least three (3) Business Days before each Eurodollar Revolving Credit Loan and (iii), subject which is initially to Section 1.05, at least four (4) Business Days before each Eurocurrency Loanbe a LIBOR Rate Loan is to be made, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) whether the Loan shall be denominated in dollars or an Alternative Currency, (C) if such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, (D) the amount of such borrowing, which shall be in an amount equal to the amount of the Aggregate Revolving Credit Commitment or the Alternative Currency Commitment, as applicable, then available to the Borrower, or if less, (1x) with respect to ABR Base Rate Loans and Swingline Loans, in an aggregate principal amount of $100,000 1,000,000 or a whole multiple of $100,000 500,000 in excess thereof, thereof and (2y) with respect to Eurodollar LIBOR Rate Loans and Eurocurrency Loans, in an aggregate principal amount of $3,000,000 5,000,000 or a whole multiple of $1,000,000 (or the Alternative Currency Amount thereof, as applicable) in excess thereof, (EC) whether such Loan is Revolving Credit Loans are initially to be a Revolving Loan LIBOR Rate Loans or a Swingline Loan Base Rate Loans, and (FD) in the case of a Eurodollar Loan or a Eurocurrency LIBOR Rate Loan, the duration of the initial Interest Period applicable thereto. A Notice of Borrowing Notices received after 12:00 p.m. 11:00 a.m. (Charlotte time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of BorrowingRevolving Credit Borrowing received by the Administrative Agent.

Appears in 1 contract

Sources: Credit Agreement (Richfood Holdings Inc)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit A-5 B (a “Notice of Borrowing”) (i) not later than 12:00 p.m. (i) p.m. on the same Business Day as each ABR Loan and each Swingline Base Rate Loan, (ii) not later than 1:00 p.m. on the same Business Day as each Swingline Loan and (iii) not later than 12:00 p.m. at least three (3) Business Days before each Eurodollar Loan and (iii), subject to Section 1.05, at least four (4) Business Days before each Eurocurrency 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) whether the Loan shall be denominated in dollars or an Alternative Currency, (C) if such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, (D) the amount of such borrowing, which shall be in an amount equal to the amount of the Revolving Commitment or the Alternative Currency Commitment, as applicable, then available to the Borrower, or if lessbe, (1x) with respect to ABR Base Rate Loans and (other than Swingline Loans, ) in an aggregate principal amount of $100,000 10,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $10,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $100,000 in excess thereof, and (2) 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, (EC) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan and Loan, (FD) in the case of a Eurodollar Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a Eurocurrency LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 p.m. 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. The Borrower (i) Each request for borrowings hereunder shall give the Agent irrevocable prior written be made by notice substantially in the form attached hereto as Exhibit A-5 C from the Borrower to the Agent (a “the "Notice of Borrowing”) "), given not later than 12:00 p.m.11:00 a.m. (iA) on the same Business Day as each ABR Loan on which the proposed borrowing is requested to be made for Revolving Loans that will be Base Rate Loans and each Swingline Loan, (iiB) at least three (3) Business Days before each Eurodollar Loan and prior to the date of the requested borrowing of Revolving Loans that will be LIBOR Loans; provided, however, that no LIBOR Loans shall be available to the Borrower until the third Business Day after the Closing Date. Each Notice of Borrowing shall be given by either telecopy, telex or cable setting forth (iii), subject to Section 1.05, at least four (4) Business Days before each Eurocurrency Loan, of its intention to borrow, specifying (A1) the requested date of such borrowing, (2) the aggregate amount of such requested borrowing, (3) whether such Revolving Loans will be Base Rate Loans or LIBOR Loans, and if appropriate, the applicable Interest Period and (4) certification by the Borrower that it has complied in all respects with Article V, all of which shall be a Business Day, (B) whether 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 denominated in dollars a minimum principal amount of $500,000 and integral multiples of $250,000 in excess thereof (or an Alternative Currencythe remaining amount of the Revolving Committed Amount, (C) if such Loan is denominated in dollars, whether such Loan 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 (but in no event later than 2:00 P.M. on the date of the Agent's receipt of notice from the Borrower) of each Notice of Borrowing by telecopy, telex or cable (other than any Notice of Borrowing which will be funded by the Agent in accordance with subsection (d)(ii) below). No later than 3:00 P.M. on the date on which a Eurodollar Loan or an ABR Loanborrowing is requested to be made pursuant to the applicable Notice of Borrowing, (D) each Lender will make available to the amount Agent at the address of the Agent set forth in Section 13.1, in immediately available funds, its Revolving Commitment Percentage of such borrowingborrowing 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, which shall be 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 an amount equal to reliance upon such assumption, make available the amount of the Revolving Commitment or borrowing to be provided by such Lender. Upon fulfillment of the Alternative Currency Commitmentconditions set forth in Article V for such borrowing, the Agent will make such funds available to the Borrower at the account specified by the Borrower in such Notice of Borrowing. (ii) 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 applicable, then a "Defaulting Lender") and the Agent has made such amount available to the Borrower, or if less, (1) with respect the Agent shall be entitled to ABR Loans and Swingline Loans, in an aggregate principal recover such corresponding amount of $100,000 or a whole multiple of $100,000 in excess thereof, and (2) with respect to Eurodollar Loans and Eurocurrency Loans, in an aggregate principal on demand from such Defaulting Lender. If such Defaulting Lender does not pay such corresponding amount of $3,000,000 or a whole multiple of $1,000,000 (or forthwith upon the Alternative Currency Amount thereof, as applicable) in excess thereof, (E) whether such Loan is to be a Revolving Loan or a Swingline Loan and (F) in the case of a Eurodollar Loan or a Eurocurrency LoanAgent's demand therefor, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 p.m. shall be deemed received on the next Business Day. 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

Sources: Credit Agreement (Sterile Recoveries Inc)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice of a borrowing of Loans substantially in the form attached hereto as Exhibit A-5 (of a Loan Notice of Borrowing”) not later than 12:00 p.m.11:00 a.m. (i) on the same Business Day as each ABR Base Rate Loan and each Swingline Loan, (ii) at least three (3) U.S. Government Securities Business Days before each Eurodollar Daily Simple SOFR Loan and (iii), subject to Section 1.05, ) at least four three (43) U.S. Government Securities Business Days before each Eurocurrency Term SOFR Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) whether the Loan shall be denominated in dollars or an Alternative Currency, (C) if such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, (D) the amount of such borrowing, which shall be in an amount equal to the amount of the Revolving Commitment or the Alternative Currency Commitment, as applicable, then available to the Borrower, or if lessbe, (1x) with respect to ABR Base Rate Loans and (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 SOFR Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, and thereof (2) with respect to Eurodollar Loans and Eurocurrency Loansor, in an aggregate principal each case, the remaining amount of $3,000,000 or a whole multiple of $1,000,000 (the Revolving Credit Commitment or the Alternative Currency Amount thereofSwingline Commitment, as applicable) in excess thereof), (EC) whether such Loan is to be a Revolving Loan or a Swingline Loan and Loan, (FD) in the case of a Eurodollar Revolving Loan whether such Revolving Loan is to be a Daily Simple SOFR Loan, a Term SOFR Loan or a Eurocurrency Base Rate Loan, and (E) in the case of a Term SOFR Loan, the duration of the Interest Period applicable thereto. If the Borrower fails to specify a Type of Loan in a Loan Notice, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a borrowing of a Term SOFR Loan in any such Loan Notice, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Loan Notice of Borrowing received after 12:00 p.m. 11:00 a.m. shall be deemed received on the next Business Day or U.S. Government Securities Business Day, as applicable. The Administrative Agent shall promptly notify the Lenders of each Notice of BorrowingLoan Notice.

Appears in 1 contract

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

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit A-5 B (a "Notice of Borrowing") not later than 12:00 p.m. Noon (Charlotte time) (i) on the same Business Day as each ABR Loan and each Swingline Base Rate Loan, and (ii) at least three (3) Business Days before each Eurodollar LIBOR Rate Loan denominated in Dollars and not later than 11:00 a.m. (iii), subject to Section 1.05, the time of the Administrative Agent's Correspondent) at least four (4) Business Days before each Eurocurrency LoanLIBOR 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 Dollars or an Alternative Currency, (C) if such Loan is denominated in dollarsDollars, whether such Loan shall the Loans are to be a Eurodollar Loan LIBOR Rate Loans or an ABR LoanBase Rate Loans, (D) the amount of such borrowing, which shall be in not exceed an amount equal to the amount of the Revolving Aggregate Commitment or the Alternative Currency Commitment, as applicable, then available to the Borrower, or if lessand shall be, (1x) with respect to ABR Base Rate Loans and Swingline Loansin an aggregate principal amount of $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 $100,000 5,000,000 or a whole multiple of $100,000 1,000,000 in excess thereof, thereof and (2z) with respect to Eurodollar LIBOR Rate Loans and Eurocurrency Loansdenominated in an Alternative Currency, in an aggregate principal amount of $3,000,000 2,000,000 or a whole multiple of $1,000,000 (or the Alternative Currency Amount thereof, as applicable) 500,000 in excess thereof, and (E) whether such Loan is to be a Revolving Loan or a Swingline Loan and (F) in the case of a Eurodollar Loan or a Eurocurrency LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing Notices received after 12:00 p.m. Noon (Charlotte time) (or 11:00 a.m. (the time of the Administrative Agent's Correspondent) with respect to Alternative Currency Loans) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Insignia Esg Holdings Inc)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit A-5 B (a "Notice of Borrowing") not later than 12:00 p.m.1:00 p.m. (New York time) (i) on the same Business Day as each ABR Base Rate Loan and each Swingline Loan, Loan and (ii) at least three (3) Business Days before each Eurodollar Loan and (iii), subject to Section 1.05, at least four (4) Business Days before each Eurocurrency LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) whether the Loan shall be denominated in dollars or an Alternative Currency, (C) if such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, (D) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate minimum principal amount of $1,000,000, (y) with respect to LIBOR Rate Loans in an aggregate minimum principal amount of $1,000,000 or, at the Borrower's option, if such borrowing is to be used to pay a principal installment due under Section 4.3, in an amount equal to the principal amount of the Revolving Commitment or the Alternative Currency Commitmentsuch installment, as applicable, then available to the Borrower, or if less, and (1z) with respect to ABR Swingline Loans and Swingline Loans, in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, and (2) 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, (EC) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan and Loan, (FD) in the case of a Eurodollar Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a Eurocurrency LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 1:00 p.m. (New York time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Wackenhut Corrections Corp)

Requests for Borrowing. The Borrower Company, on behalf of the Co-Borrowers, shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit A-5 B (a "Notice of Borrowing") not later than 12:00 p.m. 11:00 a.m. (Atlanta time) (i) on the same Business Day as date of borrowing with respect to each ABR Base Rate Loan and each Swingline Loan, (ii) at least three (3) Business Days before each Eurodollar Loan LIBOR Rate Loan, and (iii), subject to Section 1.05, ) at least four (4) Business Days before each Eurocurrency Foreign Currency Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) whether the Loan shall be denominated in dollars or an Alternative Currency, (C) if such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, (D) the amount of such borrowing, which shall be in an amount equal to the amount of the Revolving Commitment or the Alternative Currency Commitmentshall, as applicable, then available to the Borrower, or if less, (1) with respect to ABR Loans and Swingline LIBOR Rate 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, be denominated in the applicable Foreign Currency and be in increments of 100,000 units of such Foreign Currency (such amount to have an approximate minimum Assigned Dollar Value of $1,000,000), and, with respect to Base Rate Loans, be in an aggregate principal amount of $500,000 and or a whole multiple of $100,000 in excess thereof, (C) whether the Loans are to be LIBOR Rate Loans, Base Rate Loans, or Foreign Currency Loans, and (2) 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 Loan or a Swingline Loan and (FD) in the case of a Eurodollar LIBOR Rate Loan or a Eurocurrency Foreign Currency Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing Notices received after 12:00 p.m. 11:00 a.m. (Atlanta time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Scientific Games Holdings Corp)

Requests for Borrowing. 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 A-5 B (a "Notice of Borrowing") not later than 12:00 p.m. 11:00 a.m. (New York time) (i) on the same Business Day as each ABR Loan and each Swingline 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 proposed borrowing of Eurodollar Loan and (iii), subject to Section 1.05, at least four (4) Business Days before each Eurocurrency LoanLoans, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) whether the Loan shall be denominated in dollars or an Alternative Currency, (C) if such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, (D) the amount of such borrowing, which shall be in an amount equal to the amount of the Revolving Commitment or the Alternative Currency Commitment, as applicable, then available to the Borrower, or if less, (1) with respect to ABR Revolving Credit Loans and Swingline Loans, shall be in an aggregate principal amount of $100,000 1,000,000 or a whole multiple of $100,000 500,000 in excess thereof, thereof for Base Rate Loans (provided that the foregoing minimums shall not apply if the Revolving Credit Loans are being made pursuant to Section 2.2(b) and (2) with respect to Eurodollar Loans and Eurocurrency Loans, in an aggregate principal amount of $3,000,000 5,000,000 or a whole multiple of $1,000,000 (or the Alternative Currency Amount thereof, as applicable) in excess thereofthereof for Eurodollar Loans, (EC) whether such Loan is Loans are to be a Revolving Loan Credit Loans or a Swingline Loan and Loan, (FD) in the case of a Revolving Credit Loans, whether the Loans are to be Eurodollar Loan Loans or a Eurocurrency LoanBase Rate Loans, and (E) in the case of Eurodollar Loans, the duration of the Interest Period applicable thereto. A Notice of Borrowing Notices received after 12:00 p.m. 11:00 a.m. (New York time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of BorrowingBorrowing with respect to Revolving Credit Loans.

Appears in 1 contract

Sources: Credit Agreement (Caraustar Industries Inc)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit A-5 B (a “Notice of Borrowing”) or such other form as may be approved by the Administrative Agent (including any form on an electronic platform or electronic transmission system as shall be approved by the Administrative Agent) not later than 12:00 p.m.11:00 a.m. (i) on the same Business Day as each ABR Base Rate Loan and each Swingline Loan, Loan and (ii) at least three (3) Business Days before each Eurodollar Loan and (iii), subject to Section 1.05, at least four (4) Business Days before each Eurocurrency Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) whether the Loan shall be denominated in dollars or an Alternative Currency, (C) if such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, (D) the amount of such borrowing, which shall be in an amount equal to the amount of the Revolving Commitment or the Alternative Currency Commitment, as applicable, then available to the Borrower, or if lessbe, (1x) with respect to ABR Base Rate Loans and (other than Swingline Loans, in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, and (2) 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, (Ey) with respect to Eurodollar Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, in the case of a Swingline Revolving Credit Loan whether the Loans are to be Eurodollar Rate Loans or Base Rate Loans, and (FD) in the case of a Eurodollar Loan or a Eurocurrency 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 12:00 p.m. 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing. Notwithstanding the foregoing, no such Notice of Borrowing shall be required in connection with a borrowing of a Swingline Loan when the Autoborrow Agreement is in effect.

Appears in 1 contract

Sources: Credit Agreement (Copart Inc)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit A-5 B (a “Notice of Borrowing”) ), which may be given by telephone and promptly confirmed by fax or email, not later than 12:00 1:00 p.m. (i) on the same Business Day as each ABR Base Rate Loan and each Swingline Loan, (ii) at least three (3) Business Days before each Eurodollar LIBOR Rate Loan denominated in Dollars and (iii), subject to Section 1.05, ) at least four (4) Business Days Day before each Eurocurrency 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 the such Loan shall is to be denominated in dollars a Revolving Credit Loan or an Alternative Currency, 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 dollarsDollars, whether such Revolving Credit Loan shall be a Eurodollar LIBOR Rate Loan or an ABR a Base Rate Loan; (E) if such Loan is a LIBOR Rate Loan, the duration of the Interest Period applicable thereto; and (DF) the amount of such borrowing, which shall be in an amount equal to the amount of the Revolving Commitment or the Alternative Currency Commitment, as applicable, then available to the Borrower, or if lessbe, (1) with respect to ABR Base Rate Loans and (other than Swingline Loans, in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, and (2) 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, (E2) whether such Loan is with respect to be a Revolving Loan LIBOR Rate Loans in an aggregate principal amount of $5,000,000, €5,000,000, CHF5,000,000, £5,000,000 or CAD$5,000,000 or a whole multiple of $1,000,000, €1,000,000, CHF1,000,000, £1,000,000 or CAD$1,000,000 in excess thereof or (3) with respect to Swingline Loan and (F) Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof. If the Borrower fails to specify a currency in the case Notice of Borrowing requesting a Eurodollar Loan or a Eurocurrency Loan, then the duration of the Interest Period applicable theretoLoan so requested shall be made in Dollars. A Notice of Borrowing received after 12:00 1:00 p.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Owens Corning)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially (or telephonic notice confirmed by written notice) in the form attached hereto as Exhibit A-5 C-1 (a "Notice of Revolving Credit Loan Borrowing") not later than 12:00 p.m. 11:00 a.m. (Charlotte time) (i) on the same Business Day as each ABR Base Rate Loan and each Swingline Loan, (ii) at least three (3) Business Days before each Eurodollar Loan and (iii), subject to Section 1.05, at least four (4) Business Days before each Eurocurrency LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) whether the Loan shall be denominated in dollars or an Alternative Currency, (C) if such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, (D) the amount of such borrowing, which shall be in an amount equal to the amount of the Revolving Commitment or the Alternative Currency Commitment, as applicable, then available to the Borrower, or if less, (1) with respect to ABR LIBOR Rate Loans and Swingline Loans, in an aggregate principal amount of $250,000 or a whole multiple of $100,000 in excess thereof and with respect to Base Rate Loans in an aggregate principal amount of $250,000 or a whole multiple of $100,000 in excess thereof, (C) whether the Revolving Credit Loans are to be LIBOR Rate Loans or Base Rate Loans (provided that LIBOR Rate Loans shall not be available until three (3) Business Days after the Effective Date, and (2) 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 Loan or a Swingline Loan and (FD) in the case of a Eurodollar Loan or a Eurocurrency LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing Notices received after 12:00 p.m. 11:00 a.m. (Charlotte time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Revolving Credit Loan Borrowing. Any Notice of Revolving Credit Loan Borrowing delivered on the Effective Date shall request only Base Rate Loans.

Appears in 1 contract

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

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit A-5 B (a “Notice of Borrowing”) not later than 12:00 p.m.11:00 a.m. (i) on the same Business Day as each ABR Base Rate Loan and each Swingline Loan, Loan and (ii) at least three (3) Business Days before each Eurodollar Loan and (iii), subject to Section 1.05, at least four (4) Business Days before each Eurocurrency LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) whether the Loan shall be denominated in dollars or an Alternative Currency, (C) if such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, (D) the amount of such borrowing, which shall be in an amount equal to the amount of the Revolving Commitment or the Alternative Currency Commitment, as applicable, then available to the Borrower, or if lessbe, (1x) with respect to ABR Base Rate Loans and (other than Swingline Loans, in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, and (2) 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, (Ey) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan and Loan, (FD) in the case of a Eurodollar Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans and (E) in the case of a Eurocurrency LIBOR Rate Loan, the duration of the Interest Period applicable thereto. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 12:00 p.m. 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Ubiquiti Inc.)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit A-5 B (a “Notice of Borrowing”) not later than 12:00 p.m. noon (i) on the same Business Day as each ABR Base Rate Loan and each Swingline Loan, Loan and (ii) at least three (3) Business Days before each Eurodollar Loan and (iii), subject to Section 1.05, at least four (4) Business Days before each Eurocurrency LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) whether the Loan shall be denominated in dollars or an Alternative Currency, (C) if such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, (D) the amount of such borrowing, which shall be in an amount equal to the amount of the Revolving Commitment or the Alternative Currency Commitment, as applicable, then available to the Borrower, or if lessbe, (1x) with respect to ABR Base Rate Loans and (other than Swingline Loans, ) in an aggregate principal amount of $100,000 2,000,000 or a whole multiple of $100,000 1,000,000 in excess thereof, and (2y) with respect to Eurodollar LIBOR Rate 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 thereofthereof and (z) with respect to Swingline Loans in whole multiples of $100,000, (EC) whether such Loan is Loans are to be a Revolving Loan Credit Loans or a Swingline Loan and Loans, (FD) in the case of a Eurodollar Loan Revolving Credit Loans whether the Loans are to be LIBOR Rate Loans or a Eurocurrency LoanBase Rate Loans, and (E) in the case of LIBOR Rate Loans, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 p.m. noon shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Corrections Corp of America)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit A-5 B (a “Notice of Borrowing”) (i) not later than 12:00 p.m. (i) p.m. on the same Business Day as each ABR Loan and each Swingline Base Rate Loan, (ii) not later than 1:00 p.m. on the same Business Day as each Swingline Loan and (iii) not later than 12:00 p.m. at least three (3) U.S. Government Securities Business Days before each Eurodollar Loan and (iii), subject to Section 1.05, at least four (4) Business Days before each Eurocurrency SOFR Loan, of its the Borrower’s intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) whether the Loan shall be denominated in dollars or an Alternative Currency, (C) if such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, (D) the amount of such borrowing, which shall be in an amount equal to the amount of the Revolving Commitment or the Alternative Currency Commitment, as applicable, then available to the Borrower, or if lessbe, (1x) with respect to ABR Base Rate Loans and (other than Swingline Loans, ) in an aggregate principal amount of $100,000 10,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to SOFR Loans in an aggregate principal amount of $10,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $100,000 in excess thereof, and (2) 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, (EC) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan and Loan, (FD) in the case of a Eurodollar Revolving Credit Loan whether the Loans are to be SOFR Loans or Base Rate Loans, and (E) in the case of a Eurocurrency SOFR Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 p.m. 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. The Borrower In connection with each advance of the Term Loan pursuant to Section 3.1, the Borrowers shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit A-5 C-2 (a "Notice of Term Loan Borrowing") not later than 12:00 p.m. 11:00 a.m. (Charlotte time) (i) on the same Business Day as each ABR a Base Rate Loan and each Swingline Loan, (ii) at least three (3) Business Days before each Eurodollar Loan and (iii), subject to Section 1.05, at least four (4) Business Days before each Eurocurrency a LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) whether the Loan shall be denominated in dollars or an Alternative Currency, (C) if such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, (D) the amount of such borrowing, which shall be in an amount equal to the amount of the Revolving Commitment or the Alternative Currency Commitment, as applicable, then available to the Borrower, or if less, (1) with respect to ABR Loans and Swingline Loans, in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, and (2) 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, (EC) whether such the Loan is to be a Revolving LIBOR Rate Loan or Base Rate Loan or a Swingline Loan combination thereof (provided that LIBOR Rate Loans shall not be available until three (3) Business Days after the Closing Date) and the amounts allocable to each (which amounts shall correspond to the minimum amounts set forth in Section 2.2(a)), and (FD) in the case of a Eurodollar Loan or a Eurocurrency LIBOR Rate Loan, the duration of the initial Interest Period applicable thereto. A Notice of Borrowing Notices received after 12:00 p.m. 11:00 a.m. (Charlotte time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each receipt of the Notice of Term Loan of Borrowing.

Appears in 1 contract

Sources: Credit Agreement (RCN Corp /De/)

Requests for Borrowing. The With the exception of Swingline Loans deemed requested pursuant to Section 2.2(b) hereof, the Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit A-5 B (a "Notice of Borrowing") not later than 12:00 p.m.11:00 a.m. (i) on the same Business Day as each ABR Base Rate Loan and each Swingline Loan, Loan requested under this Section 2.3(a) and (ii) at least three (3) Business Days before each Eurodollar Loan and (iii), subject to Section 1.05, at least four (4) Business Days before each Eurocurrency LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) whether the Loan shall be denominated in dollars or an Alternative Currency, (C) if such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, (D) the amount of such borrowing, which shall be in an amount equal to the amount of the Revolving Aggregate Commitment or the Alternative Currency Commitment, as applicable, then available to the Borrower, or if less, (1x) with respect to ABR Base Rate Loans and (other than the Swingline Loans, in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, and (2Loans requested pursuant to this Section 2.3(a)) 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, (Ey) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to the Swingline Loans requested pursuant to this Section 2.3(a) in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan and Loan, (FD) in the case of a Eurodollar Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a Eurocurrency LIBOR Rate Loan, the duration of the LIBOR Interest Period applicable thereto. A Any Notice of Borrowing received after 12:00 p.m. 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Performance Food Group Co)

Requests for Borrowing. The US Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit A-5 B (a “Notice of Borrowing”) not later than 12:00 p.m. (i) 12:00 noon (A) on the same Business Day as each ABR Base Rate Loan and each (other than a Swingline Loan, ) and (iiB) at least three (3) Business Days before each Eurodollar LIBOR Rate Loan and (iii), subject to Section 1.05, at least four (4ii) 1:00 p.m. on the same Business Days before Day as each Eurocurrency Swingline Loan, of its intention to borrow, specifying (A1) 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, (D2) the amount of such borrowing, which shall be in an amount equal to the amount of the Revolving Commitment or the Alternative Currency Commitment, as applicable, then available to the Borrower, or if lessbe, (1x) with respect to ABR Base Rate Loans and (other than Swingline Loans, ) in an aggregate principal amount of $100,000 1,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $2,500,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, and (2) 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, (E3) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan and Loan, (F4) in the case of a Eurodollar Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a Eurocurrency LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 p.m. 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

Sources: Credit Agreement (Beacon Roofing Supply Inc)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit A-5 B (a “Notice of Borrowing”) for Revolving Credit Loans or Swingline Loans, as the case may be, not later than 12:00 p.m. 1:00 p.m. (New York time) (i) on the same Business Day as each ABR Base Rate Loan and each Swingline Loan, Loan and (ii) at least three (3) Business Days before each Eurodollar Loan and (iii), subject to Section 1.05, at least four (4) Business Days before each Eurocurrency LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) whether the Loan shall be denominated in dollars or an Alternative Currency, (C) if such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, (D) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans), in an aggregate minimum principal amount of One Million Dollars ($1,000,000), (y) with respect to LIBOR Rate Loans, in an aggregate minimum principal amount of Two Million Five Hundred Thousand Dollars ($2,500,000) or, at the Borrower’s option, if such borrowing is to be used to pay a principal installment due under Section 4.3, in an amount equal to the principal amount of the Revolving Commitment or the Alternative Currency Commitmentsuch installment, as applicable, then available to the Borrower, or if less, and (1z) with respect to ABR Loans and Swingline 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 in excess thereof, and (2) 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 applicable100,000) in excess thereof, (EC) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan and Loan, (FD) in the case of a Eurodollar Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a Eurocurrency LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 1:00 p.m. (New York time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Geo Group Inc)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit A-5 B (a “Notice of Borrowing”) not later than 12:00 p.m. 11:00 a.m. (i) on the same Business Day as each ABR Loan and each requested date of any Borrowing of Base Rate Loans or Swingline LoanLoans and, (ii) at least five (5) U.S. Government Securities Business Days before each Borrowing of Daily Simple SOFR Loans and (iii) at least three (3) U.S. Government Securities Business Days before each Eurodollar Loan and (iii), subject to Section 1.05, at least four (4) Business Days before each Eurocurrency Loanthe requested date of any Borrowing of LIBOR RateTerm SOFR Loans, of its intention to borrow, specifying (A) the date of such borrowingBorrowing, 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 borrowingBorrowing, which shall be in an amount equal to the amount of the Revolving Commitment or the Alternative Currency Commitment, as applicable, then available to the Borrower, or if lessbe, (1x) with respect to ABR a Borrowing of Base Rate Loans and Swingline Loans, in an aggregate principal amount of $100,000 500,000 or a whole multiple of $100,000 in excess thereof, and (2y) with respect to Eurodollar a Borrowing of LIBOR RateSOFR Loans and Eurocurrency Loans, in an aggregate principal amount of $3,000,000 1,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans in an aggregate principal amount of $25,000 or the Alternative Currency Amount thereof, as applicable) a whole multiple of $10,000 in excess thereof, (EC) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan Loan, (D) the Type of Loans to be borrowed (provided that all Swingline Loans shall be Base Rate Loans), and (FE) in the case of a Eurodollar Loan or a Eurocurrency LoanBorrowing of LIBOR RateTerm SOFR Loans, the duration of the Interest Period applicable thereto. If the Borrower requests a Borrowing of a Term SOFR Loan in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 12:00 p.m. 11:00 a.m. shall be deemed received on the next Business Day. The Agent shall promptly notify the Lenders of each Notice of Borrowing.Day or U.S.

Appears in 1 contract

Sources: Credit Agreement (MGP Ingredients Inc)

Requests for Borrowing. The Borrower Company, on behalf of the Co-Borrowers, shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit A-5 B (a "Notice of Borrowing") not later than 12:00 p.m. 11:00 a.m. (Charlotte time) (i) on the same Business Day as date of borrowing with respect to each ABR Base Rate Loan and each Swingline Loan, (ii) at least three (3) Business Days before each Eurodollar Loan LIBOR Rate Loan, and (iii), subject to Section 1.05, ) at least four (4) Business Days before each Eurocurrency Foreign Currency Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) whether the Loan shall be denominated in dollars or an Alternative Currency, (C) if such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, (D) the amount of such borrowing, which shall be in an amount equal to the amount of the Revolving Commitment or the Alternative Currency Commitmentshall, as applicable, then available to the Borrower, or if less, (1) with respect to ABR Loans and Swingline LIBOR Rate Loans, be in an aggregate principal amount of $100,000 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 $1,000,000 of Assigned Dollar Value in excess thereof, and, with respect to Base Rate Loans, be in an aggregate principal amount of $500,000 and or a whole multiple of $100,000 in excess thereof, (C) whether the Loans are to be LIBOR Rate Loans, Base Rate Loans, or Foreign Currency Loans and, if Foreign Currency Loans, whether the borrowings are to be in British pounds sterling, French francs, or German marks, and (2) 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 Loan or a Swingline Loan and (FD) in the case of a Eurodollar LIBOR Rate Loan or a Eurocurrency Foreign Currency Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing Notices received after 12:00 p.m. 11:00 a.m. (Charlotte time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Scientific Games Holdings Corp)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit A-5 B (a "Notice of Borrowing") not later than 12:00 p.m. 11:00 a.m. (Charlotte time) (i) on the same Business Day as each ABR Base Rate Loan and each Swingline Loan, Loan and (ii) at least three (3) Business Days before each Eurodollar Loan and (iii), subject to Section 1.05, at least four (4) Business Days before each Eurocurrency LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) whether the Loan shall be denominated in dollars or an Alternative Currency, (C) if such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, (D) the amount of such borrowing, which shall be in an amount equal to the amount of the Revolving Aggregate Commitment or the Alternative Currency Commitment, as applicable, then available to the Borrower, or if less, (1x) with respect to ABR Base Rate Loans and (other than the Swingline Loans, in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, and (2) 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, (Ey) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to the Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan and Loan, (FD) in the case of a Eurodollar Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a Eurocurrency LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Any Notice of Borrowing received after 12:00 p.m. 11:00 a.m. (Charlotte time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Performance Food Group Co)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit A-5 of EXHIBIT B (a “Notice of Borrowing”) not later than 12:00 p.m.11:00 a.m. (i) on the same Business Day as each ABR Floating Rate Loan and each Swingline Loan, Loan and (ii) at least three two (32) Business Days before each Eurodollar Loan and (iii), subject to Section 1.05, at least four (4) Business Days before each Eurocurrency LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) whether the Loan shall be denominated in dollars or an Alternative Currency, (C) if such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, (D) the amount of such borrowing, which shall be in an amount equal to the amount of the Revolving Commitment or the Alternative Currency Commitment, as applicable, then available to the Borrower, or if lessbe, (1x) with respect to ABR Floating Rate Loans and (other than Swingline 4834-0494-1091v13 27 Loans, in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, and (2) 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, (Ey) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (c) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Swingline Loan Revolving Credit Loan, (E) whether the Loans are to be LIBOR Rate Loans or Floating Rate Loans, and (F) in the case of a Eurodollar Loan or a Eurocurrency 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 12:00 p.m. 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Fastenal Co)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit A-5 B (a “Notice of Borrowing”) for Revolving Credit Loans or Swingline Loans, as the case may be, not later than 12:00 p.m. 1:00 p.m. (New York time) (i) on the same Business Day as each ABR Base Rate Loan and each Swingline Loan, Loan and (ii) at least three (3) Business Days before each Eurodollar Loan and (iii), subject to Section 1.05, at least four (4) Business Days before each Eurocurrency LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) whether the Loan shall be denominated in dollars or an Alternative Currency, (C) if such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, (D) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate minimum principal amount of One Million Dollars ($1,000,000), (y) with respect to LIBOR Rate Loans in an aggregate minimum principal amount of Two Million Five Hundred Thousand Dollars ($2,500,000) or, at the Borrower’s option, if such borrowing is to be used to pay a principal installment due under Section 4.3, in an amount equal to the principal amount of the Revolving Commitment or the Alternative Currency Commitmentsuch installment, as applicable, then available to the Borrower, or if less, and (1z) with respect to ABR Swingline Loans and Swingline 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 in excess thereof, and (2) 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 applicable100,000) in excess thereof, (EC) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan and Loan, (FD) in the case of a Eurodollar Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a Eurocurrency LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 1:00 p.m. (New York time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Geo Group Inc)

Requests for Borrowing. The Borrower With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit A-5 B (a "Notice of Borrowing") not later than 12:00 p.m. 11:00 a.m. (Eastern time) (i) on the same Business Day as each ABR Base Rate Loan and each Swingline Loan, Loan and (ii) at least three (3) Business Days before each Eurodollar Loan and (iii), subject to Section 1.05, at least four (4) Business Days before each Eurocurrency LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) whether the Loan shall be denominated in dollars or an Alternative Currency, (C) if such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, (D) the amount of such borrowing, which shall be in an amount equal to the amount of the Revolving Commitment or the Alternative Currency Commitment, as applicable, then available to the Borrower, or if lessbe, (1x) with respect to ABR Base Rate Loans and (other than Swingline Loans) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans (other than Swingline Loans deemed requested pursuant to the Swingline Side Letter) in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, and (2) 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, (EC) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan and Loan, (FD) in the case of a Eurodollar Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a Eurocurrency LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 p.m. 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. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit A-5 B (a “Notice of Borrowing”) not later than 12:00 p.m. noon (i) on the same Business Day as each ABR Base Rate Loan and each Swingline Loan, Loan and (ii) at least three (3) Business Days before each Eurodollar Loan and (iii), subject to Section 1.05, at least four (4) Business Days before each Eurocurrency LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) whether the Loan shall be denominated in dollars or an Alternative Currency, (C) if such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, (D) the amount of such borrowing, which shall be in an amount equal to the amount of the Revolving Commitment or the Alternative Currency Commitment, as applicable, then available to the Borrower, or if less, (1x) with respect to ABR Base Rate Loans (other than Swingline Loans), in an aggregate principal amount of $2,000,000 or a whole multiple of $1,000,000 in excess thereof, provided that any borrowing of Base Rate Loans may be in an aggregate amount that is equal to the entire unused balance of the Revolving Credit Commitment or that is required to finance the amount of a Reimbursement Obligation under a Letter of Credit, (y) with respect to LIBOR Rate Loans, in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, in an aggregate principal amount of $100,000 250,000 or a whole multiple of $100,000 in excess thereof, and (2) 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, (EC) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan and Loan, (FD) in the case of a Eurodollar Revolving Credit Loan, whether such Loan is to be a LIBOR Rate Loan or a Eurocurrency Base Rate Loan, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 p.m. noon shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Fossil Inc)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit A-5 B (a “Notice of Borrowing”) not later than 12:00 p.m. (i) 11:00 a.m. on the same Business Day as each ABR Base Rate Loan and each (other than Swingline LoanLoans), (ii) 11:00 a.m. at least three (3) Business Days before each Eurodollar LIBOR Rate Loan and (iii), subject to Section 1.05, at least four (4) 1:00 p.m. on the same Business Days before Day as each Eurocurrency Swingline Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) whether the Loan shall be denominated in dollars or an Alternative Currency, (C) if such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, (D) the amount of such borrowing, which shall be in an amount equal to the amount of the Revolving Commitment or the Alternative Currency Commitment, as applicable, then available to the Borrower, or if lessbe, (1x) with respect to ABR Base Rate Loans and (other than Swingline Loans, ) in an aggregate principal amount of $100,000 1,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, and (2) 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, (EC) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan and Loan, (FD) in the case of a Eurodollar Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a Eurocurrency LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing with respect to Base Rate Loans (other than Swingline Loans) and LIBOR Rate Loans received after 12:00 11:00 a.m. or a Notice of Borrowing with respect to Swingline Loans received after 1:00 p.m. shall shall, in each case, be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing.

Appears in 1 contract

Sources: Credit Agreement (DynCorp International LLC)

Requests for Borrowing. The With the exception of Swingline Loans deemed requested pursuant to Section 2.2(b) hereof, the Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit A-5 B (a "Notice of Borrowing") not later than 12:00 p.m. 11:00 a.m. (Charlotte time) (i) on the same Business Day as each ABR Base Rate Loan and each Swingline Loan, Loan requested under this Section 2.3(a) and (ii) at least three (3) Business Days before each Eurodollar Loan and (iii), subject to Section 1.05, at least four (4) Business Days before each Eurocurrency LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) whether the Loan shall be denominated in dollars or an Alternative Currency, (C) if such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, (D) the amount of such borrowing, which shall be in an amount equal to the amount of the Revolving Aggregate Commitment or the Alternative Currency Commitment, as applicable, then available to the Borrower, or if less, (1x) with respect to ABR Base Rate Loans and (other than the Swingline Loans, in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, and (2Loans requested pursuant to this Section 2.3(a)) 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, (Ey) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to the Swingline Loans requested pursuant to this Section 2.3(a) in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan and Loan, (FD) in the case of a Eurodollar Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a Eurocurrency LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Any Notice of Borrowing received after 12:00 p.m. 11:00 a.m. (Charlotte time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Performance Food Group Co)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit A-5 B-1 (a "Notice of Revolving Credit Borrowing") (i) not later than 12:00 p.m. noon (iCharlotte time) on the same Business Day as each ABR Loan and on which each Swingline LoanLoan is to be made, (ii) not later than 11:00 a.m. (Charlotte time) at least one (1) Business Day before each Revolving Credit Loan which is initially to be a Base Rate Loan is to be made and (iii) not later than 11:00 a.m. (Charlotte time) at least three (3) Business Days before each Eurodollar Revolving Credit Loan and (iii), subject which is initially to Section 1.05, at least four (4) Business Days before each Eurocurrency Loanbe a LIBOR Rate Loan is to be made, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) whether the Loan shall be denominated in dollars or an Alternative Currency, (C) if such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, (D) the amount of such borrowing, which shall be in an amount equal to the amount of the Aggregate Revolving Credit Commitment or the Alternative Currency Commitment, as applicable, then available to the Borrower, or if less, (1x) with respect to ABR Base Rate Loans and Swingline Loans, in an aggregate principal amount of $100,000 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 $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principle amount of $500,000 or a whole multiple of $100,000 in excess thereof, and (2) 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, (EC) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan and Loan, (FD) in the case of a Eurodollar Loan Revolving Credit Loan, whether the Loans are initially to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a Eurocurrency LIBOR Rate Loan, the duration of the initial Interest Period applicable thereto. A Notice of Borrowing Notices received after 12:00 p.m. noon (Charlotte time) in the case of Swingline Loans or 11:00 a.m. (Charlotte time) in the case of Base Rate Loans and LIBOR Rate Loans shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of BorrowingRevolving Credit Borrowing received by the Administrative Agent.

Appears in 1 contract

Sources: Credit Agreement (Richfood Holdings Inc)

Requests for Borrowing. The With the exception of Swingline Loans deemed requested pursuant to Section 2.2(b) hereof, the Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit A-5 B (a "Notice of Borrowing") not later than 12:00 p.m. 11:00 a.m. (Charlotte time) (i) on the same Business Day as each ABR Base Rate Loan and each Swingline Loan, Loan requested under this Section 2.3(a) and (ii) at least three (3) Business Days before each Eurodollar Loan and (iii), subject to Section 1.05, at least four (4) Business Days before each Eurocurrency LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) whether the Loan shall be denominated in dollars or an Alternative Currency, (C) if such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, (D) the amount of such borrowing, which shall be in an amount equal to the amount of the Revolving Aggregate Commitment or the Alternative Currency Commitment, as applicable, then available to the Borrower, or if less, (1x) with respect to ABR Base Rate Loans and (other than the Swingline Loans, in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, and (2Loans requested pursuant to this Section 2.3(a)) 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, (Ey) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to the Swingline Loans requested pursuant to this Section 2.3(a) in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan and Loan, (FD) in the case of a Eurodollar Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a Eurocurrency LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Any Notice of Borrowing received after 12:00 p.m. 11:00 a.m. (Charlotte time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing."; and

Appears in 1 contract

Sources: Credit Agreement (Performance Food Group Co)

Requests for Borrowing. The applicable Borrower or Borrowers shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit A-5 B (a "Notice of Borrowing") (i) not later than 12:00 p.m. 11:00 a.m. (iCharlotte time) (A) on or prior to the same Business Day as each ABR Loan and for each Swingline Loan, (iiB) at least one Business Day before each Base Rate Loan denominated in Dollars, (C) at least three (3) Business Days before each Eurodollar Base Rate Loan denominated in an Alternative Currency and (iii), subject to Section 1.05, D) at least four three (43) Business Days before each Eurocurrency Loan, LIBOR Rate 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 the such Loan shall is to be denominated in dollars a Revolving Credit Loan or an Alternative Currencya Swingline Loan, (C) if such Loan is denominated in dollarsto be a Revolving Credit Loan, whether such Loan shall be a Eurodollar Loan denominated in Dollars or an ABR LoanAlternative Currency, (D) the amount of such borrowing, which shall be in an amount equal to the amount of the Revolving Commitment or the Alternative Currency Commitment, as applicable, then available to the Borrower, or if less, (1) with respect to ABR LIBOR Rate Loans and Swingline Loans, denominated in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, and (2) with respect to Eurodollar Loans and Eurocurrency Loans, 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 the Alternative Currency Amount a whole multiple of $500,000 in excess thereof, as applicable) and with respect to Swingline Loans in excess an aggregate principal amount of $100,000 or a whole multiple thereof, (E) if denominated in Dollars, whether such Loan is the Revolving Credit Loans are to be a Revolving Loan LIBOR Rate Loans or a Swingline Loan Base Rate Loans and (F) in the case of a Eurodollar Loan or a Eurocurrency LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing Notices received after 12:00 p.m. 11:00 a.m. (London time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify (and in any event provide same day notice to) the Lenders of each Notice of BorrowingBorrowing with respect to a Revolving Credit Loan.

Appears in 1 contract

Sources: Credit Agreement (Acc Corp)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit A-5 (a “Notice of Borrowing”) Borrowing not later than 12:00 p.m. (i) 11:00 a.m. on the same Business Day Initial Delayed Draw Term Loan Funding Date or any subsequent day prior to the Delayed Draw Funding Deadline questing that the Lenders make a Delayed Draw Term Loan as each ABR a Base Rate Loan and each Swingline Loanon such date (provided the Borrower may request, (ii) at least no later than three (3) Business Days before each Eurodollar days prior to the Initial Delayed Draw Term Loan and (iiiFunding Date or any subsequent date of borrowing, that the Lender make a Delayed Draw Term Loan as a LIBOR Rate Loan), subject to Section 1.05, at least four (4) Business Days before each Eurocurrency Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) whether the Loan shall be denominated in dollars or an Alternative Currency, (C) if such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, (D) the amount of such borrowing, which shall be in an amount equal to the amount of the Revolving Commitment or the Alternative Currency Commitment, as applicable, then available to the Borrower, or if less, (1) with respect to ABR Loans and Swingline Loans, in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, and (2) with respect to Eurodollar Loans and Eurocurrency Loans, in an aggregate principal amount of $3,000,000 25,000,000 or a whole multiple of $1,000,000 (or the Alternative Currency Amount thereof, as applicable) in excess thereofthereof (or, if less, the remaining undrawn amount of the Delayed Draw Term Loan Commitment, (EC) whether such Loan is the Loans are to be a Revolving Loan LIBOR Rate Loans or a Swingline Loan Base Rate Loans, and (FD) in the case of a Eurodollar Loan or a Eurocurrency LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 p.m. 11:00 a.m. shall be deemed received on the next Business Day. The Upon receipt of any such Notice of Borrowing from the Borrower, the Administrative Agent shall promptly notify the Lenders of each Notice of BorrowingLender thereof.

Appears in 1 contract

Sources: Credit Agreement (Globalstar, Inc.)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit A-5 (a Notice of Borrowing”) Borrowing for the Initial Term Loans or any Series of Incremental Term Loans not later than 12:00 p.m. 1:00 p.m. (New York time) (i) on the same Business Day as each ABR Base Rate Loan and each Swingline Loan, (ii) at least three (3) Business Days before each Eurodollar Loan and (iii), subject to Section 1.05, at least four (4) Business Days before each Eurocurrency 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) whether the Loan shall be denominated in dollars or an Alternative Currency, (C) if such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, (D) the amount of such borrowing, which shall be in an amount equal to the amount of the Revolving Commitment or the Alternative Currency Commitment, as applicable, then available to the Borrower, or if lessbe, (1x) with respect to ABR Base Rate Loans and Swingline Loans, in an aggregate minimum principal amount of One Million Dollars ($100,000 or a whole multiple of $100,000 in excess thereof, 1,000,000) and (2y) with respect to Eurodollar LIBOR Rate Loans and Eurocurrency Loans, in an aggregate minimum principal amount of Two Million Five Hundred Thousand Dollars ($3,000,000 2,500,000) (C) whether the Loans are to be LIBOR Rate Loans or a whole multiple of $1,000,000 (or the Alternative Currency Amount thereof, as applicable) in excess thereofBase Rate Loans, (E) whether such Loan is to be a Revolving Loan or a Swingline Loan and (FD) in the case of a Eurodollar Loan or a Eurocurrency LIBOR Rate Loan, the duration of the Interest Period applicable thereto, and (E) in the case of the Initial Term Loans, whether it has elected to borrow such Term Loans prior to the Acquisition Date (a “Pre-Acquisition Funding Election”). A Notice of Borrowing received after 12:00 1:00 p.m. (New York time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing. Notwithstanding anything to the contrary, however, if the Borrower fails to deliver a Notice of Borrowing for the Initial Term Loans on the day required pursuant to this Section 4.2(a), the Borrower shall be deemed to have: (1) requested Initial Term Loans in an aggregate principal amount equal to the aggregate Initial Term Loan Commitment, (2) elected that the Initial Term Loans are to be Base Rate Loans and (3) made the Pre-Acquisition Funding Election.

Appears in 1 contract

Sources: Credit Agreement (Geo Group Inc)

Requests for Borrowing. The Borrower shall give the Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit A-5 C (a "Notice of Borrowing”) "), not later than 12:00 p.m.11:00 a.m. (Charlotte time) (i) on the same at least one (1) Business Day before the Revolving Credit Loans are to be advanced in the event that the Revolving Credit Loans will initially be made as each ABR Loan and each Swingline LoanBase Rate 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 (iii) at least three (3) Business Days before each Eurodollar Loan and (iii), subject the Revolving Credit Loans are to Section 1.05, at least four (4) Business Days before each Eurocurrency Loanbe advanced in the event that the Revolving Credit Loans will initially be made as LIBOR Rate Loans, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) whether the Loan shall be denominated in dollars or an Alternative Currency, (C) if such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, (D) the amount of such borrowing, which shall be in an amount equal to the amount of the Revolving Commitment or the Alternative Currency Commitment, as applicable, then available to the Borrower, or if less, (1x) with respect to ABR Base Rate Loans and Swingline Loans, in an aggregate principal amount of $100,000 1,000,000 or a whole multiple of $100,000 500,000 in excess thereof, and (2y) with respect to Eurodollar Fixed Rate Loans and Eurocurrency Loans, in an aggregate principal amount of $3,000,000 5,000,000 or a whole multiple of $1,000,000 (or the Alternative Currency Amount thereof, as applicable) in excess thereof, (EC) whether such Loan is the Revolving Credit Loans are initially to be a Revolving Loan Base Rate Loans, CD Rate Loans or a Swingline Loan LIBOR Rate Loans, and (FD) in the case of a Eurodollar Loan CD Rate Loans or a Eurocurrency LoanLIBOR Rate Loans, the duration of the initial Interest Period applicable thereto. A Notice of Borrowing Notices received after 12:00 p.m. 11:00 a.m. (Charlotte time) shall be deemed received on the next Business Day. The 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. The Borrower shall give the Agent irrevocable prior written notice substantially (or telephonic notice confirmed by written notice) in the form attached hereto as Exhibit A-5 EXHIBIT B (a “Notice of Borrowing”"NOTICE OF BORROWING") not later than 12:00 p.m. 11:00 a.m. (i) on the same Business Day as each ABR Loan and each Swingline Loan, (iiNew York time) at least three (3) Business Days before each Eurodollar New Facility Loan and (iiiexcept 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), subject to Section 1.05, at least four (4) Business Days before each Eurocurrency Loan, of its intention to borrow, a proposed borrowing 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, borrowing which shall be in an amount equal to the amount of the Revolving Commitment or the Alternative Currency Commitment, as applicable, then available to the Borrower, or if less, (1) with respect to ABR Loans and Swingline Loans, in an aggregate principal amount of $100,000 1,000,000 or a whole multiple of $100,000 250,000 in excess thereof, and (2C) 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 Loan or a Swingline Loan and (F) in the case of a Eurodollar Loan or a Eurocurrency 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 12:00 p.m. 11:00 a.m. (New York time) shall be deemed received on the next Business Day. The Agent shall promptly notify the New Facility Lenders of each Notice of Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Rural Metro Corp /De/)

Requests for Borrowing. The Borrower PZN shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit A-5 B (a "Notice of Revolving Credit/Swingline Borrowing") not later than 12:00 p.m.noon (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 ABR Swingline Loan and each Swingline Loan, (iiiii) at least three (3) Business Days before each Eurodollar Loan and (iii), subject to Section 1.05, at least four (4) Business Days before each Eurocurrency LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) whether the Loan shall be denominated in dollars or an Alternative Currency, (C) if such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, (D) the amount of such borrowing, which shall be in an amount equal to the full amount of the Revolving aggregate Available Commitment or of the Alternative Currency CommitmentLenders, as applicableor, then available to the Borrower, or if less, (1) with respect to ABR shall be in a minimum principal amount of $1,000,000 or an integral multiple of $100,000 in excess thereof for Base Rate Loans, a minimum principal amount of $5,000,000 or an integral multiple of $1,000,000 in excess thereof for LIBOR Rate Loans and Swingline Loans, in an aggregate a minimum principal amount of $100,000 or a whole an integral multiple of $100,000 in excess thereof, and (2) with respect to Eurodollar Loans and Eurocurrency thereof for Swingline 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, (EC) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan and Loan, (FD) in the case of a Eurodollar Loan Revolving Credit Loan, whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a Eurocurrency LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing Notices received after 12:00 p.m. noon (Charlotte time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of BorrowingRevolving Credit/Swingline Borrowing with respect to a Revolving Credit Loan.

Appears in 1 contract

Sources: Credit Agreement (Cca Prison Realty Trust)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit A-5 B (a “Notice of Borrowing”) not later than 12:00 p.m. (i) on the same Business Day as each ABR Base Rate Loan denominated in Dollars and each Swingline Loan, (ii) at least three (3) Business Days before each Eurodollar LIBOR Rate Loan denominated in Dollars and (iii), subject to Section 1.05, ) at least four (4) Business Days before each Eurocurrency LoanLIBOR 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 such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, (D) the amount of such borrowing, which shall be in an amount equal to the amount of the Revolving Commitment or the Alternative Currency Commitment, as applicable, then available to the Borrower, or if lessbe, (1x) with respect to ABR Base Rate Loans and (other than Swingline Loans, ) in an aggregate principal amount of $100,000 1,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, and (2) 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, (EC) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan and Loan, (FD) in the case of a Eurodollar Loan Revolving Credit Loan, whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a Eurocurrency LIBOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 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 (Great Lakes Dredge & Dock CORP)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit A-5 A-1 (a “Notice of Borrowing”) not later than 12:00 p.m. 11:00 a.m. (i) on the same Business Day as each ABR Base Rate Loan and each Swingline Daily Simple SOFR Loan, and (ii) at least three (3) U.S. Government Securities Business Days before each Eurodollar Loan and (iii), subject to Section 1.05, at least four (4) Business Days before each Eurocurrency Term SOFR Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) whether the Loan shall be denominated in dollars or an Alternative Currency, (C) if such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, (D) the amount of such borrowing, which shall be in an amount equal to the amount of the Revolving Commitment or the Alternative Currency Commitment, as applicable, then available to the Borrower, or if lessbe, (1x) with respect to ABR Base Rate Loans and Swingline Loans, in an aggregate principal amount of $100,000 1,000,000 or a whole multiple of $100,000 500,000 in excess thereof, and (2y) with respect to Eurodollar SOFR Loans and Eurocurrency Loans, in an aggregate principal amount of $3,000,000 2,000,000 or a whole multiple of $1,000,000 (or the Alternative Currency Amount thereof, as applicable) in excess thereof, (EC) whether such Revolving Credit Loan is to be a Revolving Daily Simple SOFR Loan, a Term SOFR Loan or a Swingline Loan Base Rate Loan, and (FD) in the case of a Eurodollar Loan or a Eurocurrency Term SOFR Loan, the duration of the Interest Period applicable thereto. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a borrowing of a Term SOFR Loan in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 12:00 p.m. 11:00 a.m. shall be deemed received on the next Business Day or U.S. Government Securities Business Day, as applicable. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Ryman Hospitality Properties, Inc.)