Common use of Requests for Borrowing Clause in Contracts

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

Sources: Credit Agreement (Switch, Inc.), Credit Agreement (Switch, Inc.), Credit Agreement (Switch, Inc.)

Requests for Borrowing. The Borrower shall give the Administrative Agent and, with respect to each Swingline Loan, the Swingline Lender irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 12:00 p.m. (i) on the same Business Day as each Canadian Prime Rate Loan, each Base Rate Loan and each Swingline Loan, (ii) at least one (1) Business Day before each BA Loan and (iiiii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, ; (B) the applicable Permitted Currency with respect to such borrowing; (C) the amount of such borrowing, which shall be, (x1) with respect to Canadian Prime Rate Loans (other than Swingline Loans) in an aggregate principal amount of C$1,000,000 or a whole multiple of C$500,000 in excess thereof, (2) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof, (y3) with respect to BA Loans in an aggregate principal amount of C$1,000,000 or a whole multiple of C$500,000 in excess thereof, (4) with respect to LIBOR Rate Loans denominated in Canadian Dollars in an aggregate principal amount of C$3,000,000 or a whole multiple of C$1,000,000 in excess thereof, (5) with respect to LIBOR Rate Loans denominated in Dollars in an aggregate principal amount of $5,000,000 3,000,000 or a whole multiple of $1,000,000 in excess thereof and (z6) with respect to Swingline Loans in an aggregate principal any amount of $500,000 Canadian Dollars or a whole multiple of $100,000 in excess thereof, Dollars (Cas applicable); (D) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, ; (DE) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Loans, Canadian Prime Rate Loans, Base Rate Loans or BA Loans; and (E) in the case of a LIBOR Rate Loan or any BA 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 4 contracts

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

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form of attached hereto as Exhibit B (a “Notice of Borrowing”) not later than 12:00 2:00 p.m. (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be, be (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $500,000 100,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 12:00 2:00 p.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing. Notwithstanding anything to the contrary contained in this Agreement, no Revolving Credit Loans may be made as LIBOR Rate Loans prior to the date that is three (3) Business Days after the Closing Date unless, at least three (3) Business Days prior to the proposed borrowing date of any proposed Revolving Credit Loans, 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 and a Notice of Borrowing with respect thereto.

Appears in 3 contracts

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

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) to (i) the Administrative Agent with respect to any Loan (other than a Swingline Loan made by way of overdraft) and (ii) the Swingline Lender, with respect to each Swingline Loan (other than a Swingline Loan made by way of overdraft). Such Notice of Borrowing shall be delivered not later than 12:00 p.m. (i) on the same Business Day as each Canadian Prime Rate Loan, each Base Rate Loan and each Swingline Loan, (ii) at least one (1) Business Day before each BA Loan and (iiiii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, ; (B) the applicable Permitted Currency with respect to such borrowing; (C) the amount of such borrowing, which shall be, (x1) with respect to Canadian Prime Rate Loans (other than Swingline Loans) in an aggregate principal amount of C$1,000,000 or a whole multiple of C$500,000 in excess thereof, (2) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof, (y3) with respect to BA Loans in an aggregate principal amount of C$1,000,000 or a whole multiple of C$500,000 in excess thereof, (4) with respect to LIBOR Rate Loans denominated in Canadian Dollars in an aggregate principal amount of C$3,000,000 or a whole multiple of C$1,000,000 in excess thereof, (5) with respect to LIBOR Rate Loans denominated in Dollars in an aggregate principal amount of $5,000,000 3,000,000 or a whole multiple of $1,000,000 in excess thereof and (z6) with respect to Swingline Loans in an aggregate principal any amount of $500,000 Canadian Dollars or a whole multiple of $100,000 in excess thereof, Dollars (Cas applicable); (D) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, ; (DE) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Loans, Canadian Prime Rate Loans, Base Rate Loans or BA Loans; and (EF) in the case of a LIBOR Rate Loan or any BA 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 applicable Lenders of each Notice of Borrowing.

Appears in 2 contracts

Sources: Credit Agreement (AbitibiBowater Inc.), Credit Agreement (Bowater Inc)

Requests for Borrowing. The Borrower shall give the Administrative Agent and, with respect to each Swingline Loan (other than a Swingline Loan made by way of overdraft), the Swingline Lender irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 12:00 p.m. (i) on the same Business Day as each Canadian Prime Rate Loan, each Base Rate Loan and each Swingline Loan, (ii) at least one (1) Business Day before each BA Loan and (iiiii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, ; (B) the applicable Permitted Currency with respect to such borrowing; (C) the amount of such borrowing, which shall be, (x1) with respect to Canadian Prime Rate Loans (other than Swingline Loans) in an aggregate principal amount of C$1,000,000 or a whole multiple of C$500,000 in excess thereof, (2) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof, (y3) with respect to BA Loans in an aggregate principal amount of C$1,000,000 or a whole multiple of C$500,000 in excess thereof, (4) with respect to LIBOR Rate Loans denominated in Canadian Dollars in an aggregate principal amount of C$3,000,000 or a whole multiple of C$1,000,000 in excess thereof, (5) with respect to LIBOR Rate Loans denominated in Dollars in an aggregate principal amount of $5,000,000 3,000,000 or a whole multiple of $1,000,000 in excess thereof and (z6) with respect to Swingline Loans in an aggregate principal any amount of $500,000 Canadian Dollars or a whole multiple of $100,000 in excess thereof, Dollars (Cas applicable); (D) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, ; (DE) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Loans, Canadian Prime Rate Loans, Base Rate Loans or BA Loans; and (E) in the case of a LIBOR Rate Loan or any BA 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 (Bowater Inc), Credit Agreement (Bowater Inc)

Requests for Borrowing. The applicable Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form 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 Base Rate Loan, each US Swingline Loan and each Canadian Swingline Loan and Loan, (ii) at least one (1) Business Day before each Canadian Base Rate Loan (other than Canadian Swingline Loans), (iii) at least three (3) Business Days before each LIBOR Rate Loan and (iv) at least four (4) Business Days before each CDOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) and Canadian Revolving Credit Loans in an aggregate principal amount of $1,000,000 2,000,000 (or C$2,000,000) or a whole multiple of $1,000,000 500,000 (or C$500,000) in excess thereof, (y) with respect to LIBOR Rate Loans Loans, in an aggregate principal amount of $5,000,000 2,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $500,000 (or C$500,000) or a whole multiple of $100,000 (or C$100,000) in excess thereof, (C) whether such Loan is to be a US Revolving Credit Loan, Canadian Revolving Credit Loan, US Swingline Loan or Canadian Swingline Loan, (D) in the case of a US Revolving Credit Loan Loan, whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a Canadian Revolving Credit Loan, whether the Loans are to be CDOR Rate Loans or Canadian Base Rate Loans, and (F) in the case of a LIBOR Rate Loan or a CDOR 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 2 contracts

Sources: Credit Agreement (Southwest Gas Corp), Credit Agreement (Southwest Gas Corp)

Requests for Borrowing. The applicable Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form 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 Base Rate Loan and each Swingline Loan and Loan, (ii) at least three (3) Business Days before each LIBOR Rate LoanLoan denominated in Dollars and (iii) at least three (3) Business Days before each LIBOR Rate Loan denominated in an Alternative Currency, of its intention to borrow, specifying specifying: (A) the Borrower of such Loan, (B) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $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 in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (C) if such Borrower is the U.S. Borrower, whether such Loan is to be a Revolving Credit Loan or a Swingline Loan, (D) if such Loan is denominated in the case of Dollars, whether such Loan shall be a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans Loan or a Base Rate LoansLoan, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. If thereto and (F) the Borrower fails amount of such borrowings and (1) with respect to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans (other than Swingline Loans. If the Borrower requests ), in an aggregate principal amount of $1,000,000 or a borrowing whole multiple of $500,000 in excess thereof, (2) with respect to LIBOR Rate Loans denominated in any such Notice Dollars, in an aggregate principal amount of Borrowing$1,000,000 or a whole multiple of $500,000 in excess thereof, but fails and (3) with respect to specify LIBOR Rate Loans denominated in an Interest PeriodAlternative Currency, it will in an aggregate principal Alternative Currency Amount of 1,000,000 Euro or a whole multiple of 500,000 Euro in excess thereof and (4) with respect to Swingline Loans, in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof; provided, however, that (x) Swingline Loans may only be deemed denominated in Dollars and may only be made to have specified an Interest Period of one monththe U.S. Borrower, (y) the U.S. Borrower may only borrow Loans denominated in Dollars, and (z) the Belgian Borrower may only borrow Revolving Credit Loans in the Alternative Currency. 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 (Tekelec), Credit Agreement (Tekelec)

Requests for Borrowing. The applicable Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form 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 Base Rate Loan and each US Swingline Loan, (ii) at least one (1) Business Day before each Canadian Base Rate Loan and each Canadian Swingline Loan and (iiiii) at least three (3) Business Days before each LIBOR Rate Loan and each CDOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans and Canadian Revolving Credit Loans (other than Canadian Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $1,000,000 100,000 in excess thereof, (y) with respect to LIBOR Rate Loans Loans, in an aggregate principal amount of $5,000,000 3,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $500,000 25,000 or a whole multiple of $100,000 25,000 in excess thereof, (C) whether such Loan is to be a US Revolving Credit Loan, Canadian Revolving Credit Loan, US Swingline Loan or Canadian Swingline Loan, (D) in the case of a US Revolving Credit Loan Loan, whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, (E) in the case of a Canadian Revolving Credit Loan, whether the Loans are to be CDOR Rate Loans or Canadian Base Rate Loans, and (EF) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as 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 2 contracts

Sources: Credit Agreement (DXP Enterprises Inc), Credit Agreement (DXP Enterprises Inc)

Requests for Borrowing. The applicable Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form 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 Base Rate Loan, each US Swingline Loan and each Canadian Swingline Loan and Loan, (ii) at least one (1) Business Day before each Canadian Base Rate Loan (other than Canadian Swingline Loans), (iii) at least three (3) US Government Securities Business Days before each LIBOR SOFR Loan and (iv) at least four (4) Business Days before each CDOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) and Canadian Revolving Credit Loans in an aggregate principal amount of $1,000,000 2,000,000 (or C$2,000,000) or a whole multiple of $1,000,000 500,000 (or C$500,000) in excess thereof, (y) with respect to LIBOR Rate Loans SOFR Loans, in an aggregate principal amount of $5,000,000 2,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $500,000 (or C$500,000) or a whole multiple of $100,000 (or C$100,000) in excess thereof, (C) whether such Loan is to be a US Revolving Credit Loan, Canadian Revolving Credit Loan, US Swingline Loan or Canadian Swingline Loan, (D) in the case of a US Revolving Credit Loan Loan, whether the Loans are to be LIBOR Rate SOFR Loans or Base Rate Loans, and (E) in the case of a LIBOR Canadian Revolving Credit Loan, whether the Loans are to be CDOR Rate Loans or Canadian Base Rate Loans, and (F) in the case of a SOFR Loan or a CDOR 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 or US Government Securities Business Day, as applicable. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing.

Appears in 2 contracts

Sources: Credit Agreement (Centuri Holdings, Inc.), Credit Agreement (Southwest Gas Corp)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form 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 Base Rate Loan, each LIBOR Market Index Rate Loan and each Swingline Loan (other than Cash Management Swingline Loans) and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans and LIBOR Market Index Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 500,000 or a whole multiple of $1,000,000 500,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 500,000 or a whole multiple of $1,000,000 500,000 in excess thereof and (z) with respect to Swingline Loans (other than Cash Management Swingline Loans) in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans, LIBOR Market Index Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. 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 2 contracts

Sources: Credit Agreement (Merit Medical Systems Inc), Credit Agreement (Merit Medical Systems 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 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 requested date of any Borrowing of Base Rate Loan and Loans or Swingline Loans, (ii) at least five (5) U.S. Government Securities Business Days before each Swingline Loan Borrowing of Daily Simple SOFR Loans and (iiiii) at least three (3) U.S. Government Securities Business Days before each LIBOR Rate Loanthe requested date of any Borrowing of Term SOFR Loans (or at least one (1) U.S. Government Securities Business Day before a Borrowing of Term SOFR Loans on the Closing Date), of its intention to borrow, specifying (A) the date of such borrowingBorrowing, which shall be a Business Day, (B) the amount of such borrowingBorrowing, which shall be, (x) with respect to a 202564162_8 Borrowing of Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 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 in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (y) with respect to a Borrowing of SOFR Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans in an aggregate principal amount of $25,000 or a whole multiple of $10,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case Type of a Revolving Credit Loan whether the Loans are to be LIBOR Rate borrowed (provided that all Swingline Loans or shall be Base Rate Loans), and (E) in the case of a LIBOR Rate LoanBorrowing of Term SOFR Loans, the duration of the Interest Period applicable thereto. If ; 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 fails to specify a type in the event such contingency is not met (provided that the failure of Loan such contingency shall not relieve the Borrower from its obligations in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loansrespect thereof under Section 4.9). If the Borrower requests a borrowing Borrowing of LIBOR Rate Loans 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. 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 US Borrower, on behalf of itself and the Canadian Borrower, shall give the Administrative Agent irrevocable prior written notice substantially in the form of attached hereto as Exhibit B (a “Notice of Borrowing”) not later than 12:00 p.m. (i) 12:00 noon on the same Business Day as each Base Rate Loan and each Swingline Loan and Loan, (ii) 12:00 noon at least three (3) Business Days before each LIBOR Rate Loan, and (iii) 12:00 noon at least one (1) Business Day before each Canadian Base Rate Loan, of its intention to borrow, specifying specifying: (A) if the applicable Borrower is the US Borrower or the Canadian Borrower; (B) the date of such borrowing, which shall be a Business Day; (C) whether such Loan is to be a Revolving Credit Loan, Swingline Loan or Canadian Dollar Loan; (BD) if such Loan is a Revolving Credit Loan, whether such Revolving Credit Loan shall be a LIBOR Rate Loan or a Base Rate Loan; (E) if such Loan is a LIBOR Rate Loan, the duration of the Interest Period applicable thereto; (F) the amount of such borrowing, which shall be, (x1) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 500,000 or a whole multiple of $1,000,000 100,000 in excess thereof, (y2) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 1,000,000 or a whole multiple of $1,000,000 in excess thereof and thereof, (z3) with respect to Swingline Loans in an aggregate principal amount of $500,000 100,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, thereof and (E4) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. If the Borrower fails with respect to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Canadian Base Rate Loans. If the Borrower requests a borrowing of LIBOR Rate Loans in any such Notice an aggregate principal amount of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period C$500,000 or a whole multiple of one monthC$100,000 in excess thereof. A Notice of Borrowing received after 12:00 p.m. the times set forth above 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 (Pool Corp)

Requests for Borrowing. The applicable Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form 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 Base Rate Loan, each US Swingline Loan and each Canadian Swingline Loan and Loan, (ii) at least one (1) Business Day before each Canadian Base Rate Loan (other than Canadian Swingline Loans), (iii) at least three (3) US Government Securities Business Days before each LIBOR RateSOFR Loan and (iv) at least four (4) Business Days before each CDOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) and Canadian Revolving Credit Loans in an aggregate principal amount of $1,000,000 2,000,000 (or C$2,000,000) or a whole multiple of $1,000,000 500,000 (or C$500,000) in excess thereof, (y) with respect to LIBOR Rate Loans RateSOFR Loans, in an aggregate principal amount of $5,000,000 2,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $500,000 (or C$500,000) or a whole multiple of $100,000 (or C$100,000) in excess thereof, (C) whether such Loan is to be a US Revolving Credit Loan, Canadian Revolving Credit Loan, US Swingline Loan or Canadian Swingline Loan, (D) in the case of a US Revolving Credit Loan Loan, whether the Loans are to be LIBOR Rate RateSOFR Loans or Base Rate Loans, and (E) in the case of a Canadian Revolving Credit Loan, whether the Loans are to be CDOR Rate Loans or Canadian Base Rate Loans, and (F) in the case of a LIBOR RateSOFR Loan or a CDOR 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 or US 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 (Centuri Holdings, Inc.)

Requests for Borrowing. The Borrower Borrowers shall give the Administrative Agent irrevocable prior written notice substantially in the form 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 Base Rate Loan and each Swingline Loan and Loan, (ii) at least one Business Day before each Canadian Prime Rate Loan, (iii) at least three (3) Business Days before each LIBOR Rate LoanLoan denominated in Dollars and CDOR Rate Loan and (iv) at least four Business Days before each LIBOR Rate Loan denominated in an Alternative Currency, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) and Canadian Prime Rate Loans in an aggregate principal amount of $1,000,000 1,000,000.00 or a whole multiple of $1,000,000 500,000.00 in excess thereof, (y) with respect to LIBOR Rate Loans and CDOR Rate Loans in an aggregate principal amount of $5,000,000 2,000,000.00 or a whole multiple of $1,000,000 500,000.00 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $500,000 100,000.00 or a whole multiple of $100,000 100,000.00 in excess thereof, (C) whether such Loan is to be a Revolving Credit A Loan, Revolving B Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan A Loan, whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a Revolving B Loan, whether the Loans are to be CDOR Rate Loans or Canadian Prime Rate Loans, (F) in the case of a LIBOR Rate Loan or CDOR Rate Loan, the duration of the Interest Period applicable thereto, and (G) the currency of such borrowing. If the Borrower a Notice of Borrowing fails to specify a type of Loan in a Notice of Borrowingcurrency, then the applicable Loans such borrowing 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 monthDollars. 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: Loan Agreement (Omega Protein Corp)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior notice (1) written notice substantially in the form of Exhibit B or (2) delivered electronically via e-mail from the official corporate email address of Borrower which includes an approval from the Chief Financial Officer, Senior Vice President - Finance & Accounting, Controller, Treasurer, Assistant Treasurer, Director of Treasury or Senior Manager - Treasury Operations of Borrower and containing substantially the same information as specified on Exhibit B (a “Notice of Borrowing”) not later than 12:00 1:00 p.m. (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) U.S. Government Securities Business Days before each LIBOR Rate LoanSOFR Loan (or one (1) U.S. Government Securities Business Day with respect to any Loans made on the Closing Date), of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $1,000,000 100,000 in excess thereof, (y) with respect to LIBOR Rate SOFR Loans in an aggregate principal amount of $5,000,000 1,000,000 or a whole multiple of $1,000,000 250,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $500,000 100,000 or a whole multiple of $100,000 50,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline LoanLoan (or, in each case, the remaining amount of the Commitment or the Swingline Commitment, as applicable), (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate SOFR Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate SOFR Loan, the duration of the Interest Period applicable thereto. 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 SOFR Loans in any such Notice of Borrowing, but fails 210663207 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 1:00 p.m. shall be deemed received on the next Business Day or U.S. Government Securities Business Day, as applicable. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Kforce Inc)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form of attached hereto as Exhibit 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 Swingline Loan, (ii) at least one Business Day before each Base Rate Loan and each Swingline Loan and Loan, (iiiii) at least three (3) Business Days before each LIBOR Rate LoanLoan denominated in Dollars and (iv) at least four (4) Business Days before each LIBOR Rate Loan denominated in an Alternative Currency, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) whether such Loan is to be a Revolving Credit Loan, Specified A/C Loan or a Swingline Loan, (C) if such Loan is a Revolving Credit Loan, whether such Loan shall be denominated in Dollars or in an Alternative Currency, (D) if denominated in Dollars, whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, (E) the amount of such borrowing, which shall bebe (1) with respect to LIBOR Rate Loans denominated in Dollars in an aggregate principal amount of $2,500,000 or a whole multiple of $500,000 in excess thereof, (x2) with respect to LIBOR Rate Loans denominated in an Alternative Currency in an aggregate principal Alternative Currency Amount equal to $5,000,000 or a whole multiple of $1,000,000 in excess thereof, (3) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z4) with respect to Swingline Loans in an aggregate principal amount of $500,000 1,000,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, thereof and (EF) in the case of a LIBOR Rate Loan, the duration of the LIBOR 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 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 (i) the Revolving Credit Lenders of each Notice of BorrowingBorrowing with respect to a Revolving Credit Loan and (ii) the applicable Specified A/C Lenders of each Notice of Borrowing with respect to a Specified A/C Loan.

Appears in 1 contract

Sources: Credit Agreement (Checkpoint Systems Inc)

Requests for Borrowing. The Borrower US Borrower, on behalf of itself and the Canadian Borrower, shall give the Administrative Agent irrevocable prior written notice substantially in the form of attached hereto as Exhibit B (a “Notice of Borrowing”) not later than 12:00 p.m. (i) 12:00 noon on the same Business Day as each Base Rate Loan and each Swingline Loan and Loan, (ii) 12:00 noon at least three (3) Business Days before each LIBOR Rate Loan, and (iii) 12:00 noon (Toronto, Ontario time) at least one (1) Business Day before each Canadian Base Rate Loan, of its intention to borrow, specifying specifying: (A) if the applicable Borrower is the US Borrower or the Canadian Borrower; (B) the date of such borrowing, which shall be a Business Day; (C) whether such Loan is to be a Revolving Credit Loan, Swingline Loan or Canadian Dollar Loan; (BD) if such Loan is a Revolving Credit Loan, whether such Revolving Credit Loan shall be a LIBOR Rate Loan or a Base Rate Loan; (E) if such Loan is a LIBOR Rate Loan, the duration of the Interest Period applicable thereto; (F) if such Loan is a Swingline Loan, whether such Swingline Loan shall be a Base Rate Loan or a Quoted Swingline Rate Loan; and (G) the amount of such borrowing, which shall be, (x1) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 500,000 or a whole multiple of $1,000,000 100,000 in excess thereof, (y2) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 1,000,000 or a whole multiple of $1,000,000 in excess thereof and thereof, (z3) with respect to Swingline Loans in an aggregate principal amount of $500,000 100,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, thereof and (E4) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. If the Borrower fails with respect to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Canadian Base Rate Loans. If the Borrower requests a borrowing of LIBOR Rate Loans in any such Notice an aggregate principal amount of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period C$500,000 or a whole multiple of one monthC$100,000 in excess thereof. A Notice of Borrowing received after 12:00 p.m. the times set forth above 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: Amendment to Credit Agreement (SCP Pool Corp)

Requests for Borrowing. The Borrower U.S. Borrower, on behalf of the applicable Borrower, shall give the Administrative Agent irrevocable prior written notice substantially in the form of attached hereto as Exhibit B (a “Notice of Borrowing”) not later than 12:00 p.m. Noon (i) on the same Business Day as each Base Rate Loan, each Canadian Dollar Loan and each Swingline Loan Loan, and (ii) at least three (3) Business Days before each LIBOR Rate Loan, Loan of its intention to borrow, specifying the following: (A) the applicable Borrower; (B) the date of such borrowing, which shall be a Business Day; (C) whether such Loan is to be a Revolving Credit Loan, a Canadian Dollar Loan or a Swingline Loan; (BD) if such Loan is a Revolving Credit Loan, whether such Revolving Credit Loan shall be denominated in Dollars or an Alternative Currency; (E) if such Loan is a Revolving Credit Loan in Dollars, whether such Revolving Credit Loan shall be a LIBOR Rate Loan or a Base Rate Loan; (F) the amount of such borrowing, which shall bebe in an amount (or the Alternative Currency Amount, if applicable) equal to the amount of the Revolving Credit Commitment, the Alternative Currency Commitment, the Canadian Dollar Commitment or the Swingline Commitment, as applicable, then available to the Borrowers, or if less, (x1) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $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 in an aggregate principal amount of $500,000 or a whole multiple of $100,000 500,000 in excess thereof, (C2) whether such Loan is with respect to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Canadian Base Rate Loans, and in an aggregate principal amount of C$100,000 or a whole multiple of C$100,000 in excess thereof (E3) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. If the Borrower fails with respect 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 denominated in any such Notice Dollars in an aggregate principal amount of Borrowing$500,000 or a whole multiple of $500,000 in excess thereof, but fails (4) with respect to specify LIBOR Rate Loans denominated in euro in an Interest Periodaggregate principal amount of € 500,000 or a whole multiple of €250,000 in excess thereof, it will be deemed (5) with respect to have specified LIBOR Rate Loans denominated in Pounds Sterling in an Interest Period aggregate principal amount of one month. A Notice £500,000 or a whole multiple of Borrowing received after 12:00 p.m. shall be deemed received on £250,000 in excess thereof, (6) with respect to LIBOR Rate Loans denominated in a Permitted Currency (other than Pounds Sterling, Canadian Dollars, or euro), based upon the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders Alternative Currency Amount thereof, in an aggregate principal amount of each Notice $500,000 or a whole multiple of Borrowing.$500,000 in excess thereof and (7) with respect to Swingline Loans, in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof; and

Appears in 1 contract

Sources: Credit Agreement (PRA International)

Requests for Borrowing. The applicable Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 12:00 p.m.11:00 a.m. (i) on in the same case of a Base Rate Loan, at least one (1) Business Day as each before such Base Rate Loan and each Swingline (ii)(A) in the case of a Term SOFR Loan and (ii) or Term ▇▇▇▇▇ Loan, at least three (3) RFR Business Days before each LIBOR such Term SOFR Loan or Term ▇▇▇▇▇ Loan, (B) in the case of an RFR Loan denominated in any Alternative Currency (other than Term ▇▇▇▇▇ Loans), at least five (5) RFR Business Days before such RFR Loan, and (C) in the case of a Eurocurrency Rate LoanLoan denominated in any Alternative Currency, at least four (4) Eurocurrency Banking Days before such Eurocurrency Rate Loan (or five (5) Eurocurrency Banking Days in the case of a Special Notice Currency), of its intention to borrow, in each case, specifying (A1) the date of such borrowing, which shall be a Business Day, (B2) the Currency of such borrowing, (3) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof, thereof and (y) with respect to LIBOR Eurocurrency Rate Loans and RFR Loans in an aggregate principal amount of $5,000,000 2,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans or, in an aggregate principal each case, the remaining amount of $500,000 or a whole multiple of $100,000 in excess thereofthe Revolving Credit Commitment), (C4) whether such Loan is to be a Revolving Credit Eurocurrency Rate Loan, a Daily Simple RFR Loan, a Term SOFR Loan, a Term ▇▇▇▇▇ Loan or Swingline a Base Rate Loan, and (D5) in the case of a Revolving Credit Eurocurrency Rate Loan, a Term ▇▇▇▇▇ Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Term SOFR Loan, the duration of the Interest Period applicable thereto. If a Borrower fails to specify the Currency of a Loan in a Notice of Borrowing, then the applicable Loans shall be made in Dollars. If a Borrower fails to specify a type of Loan denominated in Dollars in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the a Borrower requests a borrowing of LIBOR a Eurocurrency Rate Loans Loan, a Term ▇▇▇▇▇ Loan or 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, RFR Business Day or Eurocurrency Banking 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 (Weatherford International PLC)

Requests for Borrowing. The Borrower shall give the Administrative Agent and, with respect to each Swingline Loan (other than a Swingline Loan made by way of overdraft), the Swingline Lender irrevocable prior written notice substantially in the form of Exhibit B (a "Notice of Borrowing") not later than 12:00 p.m. p.m. (i) on the same Business Day as each Canadian Prime Rate Loan, each Base Rate Loan and each Swingline Loan, (ii) at least one (1) Business Day before each BA Loan and (iiiii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, ; (B) the applicable Permitted Currency with respect to such borrowing; (C) the amount of such borrowing, which shall be, (x1) with respect to Canadian Prime Rate Loans (other than Swingline Loans) in an aggregate principal amount of C$1,000,000 or a whole multiple of C$500,000 in excess thereof, (2) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof, (y3) with respect to BA Loans in an aggregate principal amount of C$1,000,000 or a whole multiple of C$500,000 in excess thereof, (4) with respect to LIBOR Rate Loans denominated in Canadian Dollars in an aggregate principal amount of C$3,000,000 or a whole multiple of C$1,000,000 in excess thereof, (5) with respect to LIBOR Rate Loans denominated in Dollars in an aggregate principal amount of $5,000,000 3,000,000 or a whole multiple of $1,000,000 in excess thereof and (z6) with respect to Swingline Loans in an aggregate principal any amount of $500,000 Canadian Dollars or a whole multiple of $100,000 in excess thereof, Dollars (Cas applicable); (D) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, ; (DE) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Loans, Canadian Prime Rate Loans, Base Rate Loans or BA Loans; and (E) in the case of a LIBOR Rate Loan or any BA 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 1 contract

Sources: Credit Agreement (AbitibiBowater Inc.)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B F (a “Notice of Borrowing”) not later than 12:00 p.m.11:00 a.m. (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (iiii)(A) in the case of a Term SOFR Loan, at least three (3) RFR Business Days before each LIBOR Rate such Term SOFR Loan, (B) in the case of an RFR Loan denominated in any Alternative Currency, at least three (3) RFR Business Days before such RFR Loan, and (C) in the case of a Eurocurrency Rate Loan denominated in any Alternative Currency, at least four (4) Eurocurrency Banking Days before such Eurocurrency Rate Loan of its intention to borrow, in each case, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the currency of such borrowing, (C) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof, (y) with respect to LIBOR Eurocurrency Rate Loans and RFR Loans in an aggregate principal amount of $5,000,000 1,000,000 or a whole multiple of $1,000,000 500,000 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 thereofthereof (or, in each case, the remaining amount of the Revolving Credit Commitment or the Swingline Commitment, as applicable), (CD) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (DE) in the case of a Revolving Credit Loan whether the Loans are such Revolving Credit Loan is to be LIBOR a Eurocurrency Rate Loans Loan, a Daily Simple RFR Loan, a Term SOFR Loan or a Base Rate LoansLoan, and (EF) in the case of a LIBOR Eurocurrency Rate Loan or a Term SOFR Loan, the duration of the Interest Period applicable thereto. If the Borrower fails to specify the currency of a Loan in a Notice of Borrowing, then the applicable Loans shall be made in Dollars. If the Borrower fails to specify a type of Loan denominated in Dollars in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a borrowing of LIBOR a Eurocurrency Rate Loans Loan or 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, RFR Business Day or Eurocurrency Banking 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 (Quanex Building Products CORP)

Requests for Borrowing. The Borrower US Borrower, on behalf of itself and the Subsidiary Borrowers, shall give the Administrative Agent irrevocable prior written notice substantially in the form of attached hereto as Exhibit B (a “Notice of Borrowing”) not later than 12:00 p.m. (i) 12:00 noon on the same Business Day as each Base Rate Loan and each Swingline Loan and Loan, (ii) 12:00 noon at least three (3) Business Days before each LIBOR Rate LoanLoan denominated in Dollars or Canadian Dollars, (iii) 12:00 noon at least one (1) Business Day before each Canadian Base Rate Loan and (iv) 12:00 noon at least four (4) Business Days before each LIBOR Rate Loan denominated in Euros, of its intention to borrow, specifying specifying: (A) if the applicable Borrower is the US Borrower, the Canadian Borrower or the Dutch Borrower; (B) the date of such borrowing, which shall be a Business Day; (C) whether such Loan is to be a Revolving Credit Loan, Swingline Loan, Canadian Dollar Loan or Euro Loan; (BD) whether such Revolving Credit Loan shall be a LIBOR Rate Loan, a Base Rate Loan or Canadian Base Rate Loan; (E) if such Loan is a LIBOR Rate Loan, the duration of the Interest Period applicable thereto; and (F) the amount of such borrowing, which shall be, (x1) with respect to Base Rate Loans, in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (2) with respect to LIBOR Rate Loans (other than Swingline Loans) denominated in Dollars, in an aggregate principal amount of $1,000,000 or a whole multiple of $1,000,000 in excess thereof, (y3) with respect to LIBOR Rate Loans Swingline 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 $500,000 100,000 or a whole multiple of $100,000 in excess thereof, (C4) whether such Loan is with respect to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Canadian Base Rate Loans, and in an aggregate principal amount of C$500,000 or a whole multiple of C$100,000 in excess thereof, (E5) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. If the Borrower fails with respect 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 denominated in any such Notice Canadian Dollars, in an aggregate principal amount of BorrowingC$1,000,000 or a whole multiple of C$1,000,000 in excess thereof and (6) with respect to Euro Loans, but fails to specify in an Interest Period, it will be deemed to have specified an Interest Period aggregate principal amount of one month1,000,000 EUR or a whole multiple of 500,000 EUR in excess thereof. A Notice of Borrowing received after 12:00 p.m. the times set forth above 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 (Pool Corp)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form of attached hereto as Exhibit B (a “Notice of Borrowing”) for Revolving Credit Loans or Swingline Loans, as the case may be, not later than 12:00 p.m. 1:00 p.m. (New York time) (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate minimum principal amount of One Million Dollars ($1,000,000 or a whole multiple of $1,000,000 in excess thereof1,000,000), (y) with respect to LIBOR Rate Loans in an aggregate minimum principal amount of Two Million Five Hundred Thousand Dollars ($5,000,000 or 2,500,000) or, at the Borrower’s option, if such borrowing is to be used to pay a whole multiple principal installment due under Section 4.3, in an amount equal to the principal amount of $1,000,000 in excess thereof such installment, and (z) with respect to Swingline Loans in an aggregate principal amount of One Hundred Thousand Dollars ($500,000 100,000) or a whole multiple of One Hundred Thousand Dollars ($100,000 100,000) in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. 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 1:00 p.m. (New York time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Geo Group Inc)

Requests for Borrowing. The Borrower US Borrower, on behalf of itself and the Canadian Borrower, shall give the Administrative Agent irrevocable prior written notice substantially in the form of attached hereto as Exhibit B (a “Notice of Borrowing”) not later than 12:00 p.m. (i) 12:00 noon on the same Business Day as each Base Rate Loan and each Swingline Loan and Loan, (ii) 12:00 noon at least three (3) Business Days before each LIBOR Rate Loan, and (iii) 12:00 noon (Toronto, Ontario time) at least one (1) Business Day before each Canadian Base Rate Loan, of its intention to borrow, specifying specifying: (A) if the applicable Borrower is the US Borrower or the Canadian Borrower; (B) the date of such borrowing, which shall be a Business Day; (C) whether such Loan is to be a Revolving Credit Loan, Swingline Loan or Canadian Dollar Loan; (BD) if such Loan is a Revolving Credit Loan, whether such Revolving Credit Loan shall be a LIBOR Rate Loan or a Base Rate Loan; (E) if such Loan is a LIBOR Rate Loan, the duration of the Interest Period applicable thereto; (F) if such Loan is a Swingline Loan, whether such Swingline Loan shall be a Base Rate Loan or a Quoted Swingline Rate Loan; and (G) the amount of such borrowing, which shall be, (x1) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 500,000 or a whole multiple of $1,000,000 100,000 in excess thereof, (y2) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 1,000,000 or a whole multiple of $1,000,000 in excess thereof and thereof, (z3) with respect to Swingline Loans in an aggregate principal amount of $500,000 100,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, thereof and (E4) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. If the Borrower fails with respect to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Canadian Base Rate Loans. If the Borrower requests a borrowing of LIBOR Rate Loans in any such Notice an aggregate principal amount of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period C$500,000 or a whole multiple of one monthC$100,000 in excess thereof. A Notice of Borrowing received after 12:00 p.m. the times set forth above 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 (SCP Pool Corp)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit 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 Base Rate Loan and each Swingline Loan and Loan, (ii) at least three (3) Business Days before each LIBOR Rate Loan denominated in Dollars, (iii) at least five RFR Business Days before each RFR Loan (whether denominated in Dollars or an Alternative Currency) and (iv) at least four Business Day before each LIBOR-based Alternative Currency Revolving Credit Loan, of its intention to borrow, specifying specifying: (A) the date of such borrowing, which shall be a Business Day, ; (B) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan; (C) if such Loan is an Alternative Currency Revolving Credit Loan, the applicable Alternative Currency in which such Loan is to be funded; (D) whether such Revolving Credit Loan shall be a LIBOR Rate Loan, a Base Rate Loan or an RFR Loan; (E) if such Loan is a LIBOR Rate Loan or Term RFR Loan, the duration of the Interest Period applicable thereto; and (F) the amount of such borrowing, which shall be, (x1) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y2) with respect to LIBOR Rate Loans and RFR 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 and or (z3) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. If the Borrower fails to specify a type of Loan currency in a the Notice of BorrowingBorrowing requesting a Loan, then the applicable Loans Loan so requested 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 monthDollars. 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 Revolving Credit Lenders of each Notice of Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Owens Corning)

Requests for Borrowing. The applicable Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form 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 Base Rate Loan and each US Swingline Loan, (ii) at least one (1) Business Day before each Canadian Base Rate Loan and each Canadian Swingline Loan, (iiiii) at least three (3) Business Days before each LIBOR Rate Loan (other than Canadian Revolving Credit Loans) and (iv) at least four (4) Business Days before each Canadian Revolving Credit Loan which is to be a LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans and Canadian Base Rate Loans (other than Canadian Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $1,000,000 100,000 in excess thereof, (y) with respect to LIBOR Rate Loans Loans, in an aggregate principal amount of $5,000,000 3,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $500,000 25,000 or a whole multiple of $100,000 25,000 in excess thereof, (C) whether such Loan is to be a US Revolving Credit Loan, Canadian Revolving Credit Loan, US Swingline Loan or Canadian Swingline Loan, (D) in the case of a US Revolving Credit Loan Loan, whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, (E) in the case of a Canadian Revolving Credit Loan, whether the Loans are to be LIBOR Rate Loans or Canadian Base Rate Loans, and (EF) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as 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 (DXP Enterprises Inc)

Requests for Borrowing. The applicable Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form 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 Base Rate Loan, each US Swingline Loan and each Canadian Swingline Loan and Loan, (ii) at least one (1) Business Day before each Canadian Base Rate Loan (other than Canadian Swingline Loans), (iii) at least three (3) Business Days before each LIBOR Rate Loan and (iv) at least four (4) Business Days before each CDOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans and Canadian Revolving Credit Loans (other than Canadian Swingline Loans) in an aggregate principal amount of $1,000,000 2,000,000 (or C$2,000,000) or a whole multiple of $1,000,000 500,000 (or C$500,000) in excess thereof, (y) with respect to LIBOR Rate Loans Loans, in an aggregate principal amount of $5,000,000 2,000,000 (or C$2,000,000) or a whole multiple of $1,000,000 500,000 (or C$500,000) in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $500,000 (or C$500,000) or a whole multiple of $100,000 (or C$100,000) in excess thereof, (C) whether such Loan is to be a US Revolving Credit Loan, Canadian Revolving Credit Loan, US Swingline Loan or Canadian Swingline Loan, (D) in the case of a US Revolving Credit Loan Loan, whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a Canadian Revolving Credit Loan, whether the Loans are to be CDOR Rate Loans or Canadian Base Rate Loans, and (F) in the case of a LIBOR Rate Loan or a CDOR 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 (Southwest Gas Corp)

Requests for Borrowing. The Borrower shall give the Administrative Agent and, with respect to each Swingline Loan, the Swingline Lender irrevocable prior written notice substantially in the form of Exhibit B (a "Notice of Borrowing") not later than 12:00 p.m. p.m. (i) on the same Business Day as each Canadian Prime Rate Loan, each Base Rate Loan and each Swingline Loan, (ii) at least one (1) Business Day before each BA Loan and (iiiii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, ; (B) the applicable Permitted Currency with respect to such borrowing; (C) the amount of such borrowing, which shall be, (x1) with respect to Canadian Prime Rate Loans (other than Swingline Loans) in an aggregate principal amount of C$1,000,000 or a whole multiple of C$500,000 in excess thereof, (2) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof, (y3) with respect to BA Loans in an aggregate principal amount of C$1,000,000 or a whole multiple of C$500,000 in excess thereof, (4) with respect to LIBOR Rate Loans denominated in Canadian Dollars in an aggregate principal amount of C$3,000,000 or a whole multiple of C$1,000,000 in excess thereof, (5) with respect to LIBOR Rate Loans denominated in Dollars in an aggregate principal amount of $5,000,000 3,000,000 or a whole multiple of $1,000,000 in excess thereof and (z6) with respect to Swingline Loans in an aggregate principal any amount of $500,000 Canadian Dollars or a whole multiple of $100,000 in excess thereof, Dollars (Cas applicable); (D) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, ; (DE) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Loans, Canadian Prime Rate Loans, Base Rate Loans or BA Loans; and (E) in the case of a LIBOR Rate Loan or any BA 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 1 contract

Sources: Credit Agreement (AbitibiBowater Inc.)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form of attached hereto as Exhibit B (a “Notice of Borrowing”) (i) not later than 12:00 p.m. (i) 11:00 a.m. Local Time on the same Business Day as each Base Rate Loan and each Swingline Loan and under the Dollar Tranche or under the Designated Currency Tranche if the Agreed Currency is Dollars, (ii) not later than 11:00 a.m. Local Time at least three (3) Business Days before each LIBOR Rate Loan under the Dollar Tranche or under the Designated Currency Tranche if the Agreed CHAR2\1566724v8 Currency is Dollars or if in respect of the Term Loan or Incremental Term Loans, (iii) not later than 11:00 a.m. Local Time at least four (4) Business Days before each Loan under the Designated Currency Tranche (other than Loans under the Designated Currency Tranche for which the Agreed Currency is Dollars) and (iv) not later than 2:00 p.m. Local Time on the same Business Day as each Swingline Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $1,000,000 100,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount Dollar Amount of $5,000,000 2,500,000 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 $500,000 100,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Dollar Tranche Revolving Credit Loan Loan, a Designated Currency Tranche Revolving Credit Loan, the Term Loan, or a Swingline Loan, (D) in the case of a Dollar Tranche Revolving Credit Loan or the Term Loan, whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto, and (F) in the case of a Designated Currency Tranche Revolving Credit Loan, the Agreed Currency thereof. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as The Base Rate Loans. If shall not be available under 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 monthDesignated Currency Tranche. A Notice of Borrowing received after 12:00 11:00 a.m. Local Time (or 2:00 p.m. Local Time with respect to Swingline Loans) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit appropriate Lenders of each Notice of Borrowing. The Administrative Agent agrees that the Borrower may submit a single Notice of Borrowing for borrowings under the Dollar Tranche and the Designated Currency Tranche if the Agreed Currency is Dollars; provided, that, if the Borrower delivers a single Notice of Borrowing, the Administrative Agent shall deem the Borrower to have requested that such Revolving Loan be applied first to the Dollar Tranche Revolving Loan Commitments and second to the Designated Currency Tranche Revolving Credit Commitments.

Appears in 1 contract

Sources: Credit Agreement (Blackbaud Inc)

Requests for Borrowing. The Borrower US Borrower, on behalf of itself and the Subsidiary Borrowers, shall give the Administrative Agent irrevocable prior written notice substantially in the form of attached hereto as Exhibit B (a “Notice of Borrowing”) not later than 12:00 p.m. (i) 12:00 noon on the same Business Day as each Base Rate Loan and each Swingline Loan and Loan, (ii) 12:00 noon at least three (3) Business Days before each LIBOR Rate LoanLoan denominated in Dollars, (iii) 12:00 noon at least one (1) Business Day before each Canadian Dollar Loan and (iv) 12:00 noon at least four (4) Business Days before each LIBOR Rate Loan denominated in Euros, of its intention to borrow, specifying specifying: (A) if the applicable Borrower is the US Borrower, the Canadian Borrower or the Dutch Borrower; (B) the date of such borrowing, which shall be a Business Day; (C) whether such Loan is to be a Revolving Credit Loan, Swingline Loan, Canadian Dollar Loan or Euro Loan; (BD) in the case of a Revolving Credit Loan, whether such Revolving Credit Loan shall be a LIBOR Rate Loan or a Base Rate Loan; (E) in the case of a Canadian Dollar Loan, whether such Canadian Dollar Loan shall be a CDOR Rate Loan or Canadian Base Rate Loan; (F) if such Loan is a LIBOR Rate Loan or a CDOR Rate Loan, the duration of the Interest Period applicable thereto; and (G) the amount of such borrowing, which shall be, (x1) with respect to Base Rate Loans, in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (2) with respect to LIBOR Rate Loans (other than Swingline Loans) denominated in Dollars, in an aggregate principal amount of $1,000,000 or a whole multiple of $1,000,000 in excess thereof, (y3) with respect to LIBOR Rate Loans Swingline 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 $500,000 100,000 or a whole multiple of $100,000 in excess thereof, (C4) whether such Loan is with respect to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Canadian Base Rate Loans, in an aggregate principal amount of C$500,000 or a whole multiple of C$100,000 in excess thereof, (5) with respect to CDOR Rate Loans, in an aggregate principal amount of C$1,000,000 or a whole multiple of C$1,000,000 in excess thereof and (E6) with respect to Euro Loans, in the case an aggregate principal amount of 1,000,000 EUR or a LIBOR Rate Loan, the duration whole multiple of the Interest Period applicable thereto. If the Borrower fails to specify a type of Loan 500,000 EUR 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 monthexcess thereof. A Notice of Borrowing received after 12:00 p.m. the times set forth above 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 (Pool Corp)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form of attached hereto as Exhibit B (a “Notice of Borrowing”) for Revolving Credit Loans or Swingline Loans, as the case may be, not later than 12:00 p.m. 1:00 p.m. (New York time) (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) ), in an aggregate minimum principal amount of One Million Dollars ($1,000,000 or a whole multiple of $1,000,000 in excess thereof1,000,000), (y) with respect to LIBOR Rate Loans Loans, in an aggregate minimum principal amount of Two Million Five Hundred Thousand Dollars ($5,000,000 or 2,500,000) or, at the Borrower’s option, if such borrowing is to be used to pay a whole multiple principal installment due under Section 4.3, in an amount equal to the principal amount of $1,000,000 in excess thereof such installment, and (z) with respect to Swingline Loans Loans, in an aggregate principal amount of One Hundred Thousand Dollars ($500,000 100,000) or a whole multiple of One Hundred Thousand Dollars ($100,000 100,000) in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. 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 1:00 p.m. (New York time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Geo Group Inc)

Requests for Borrowing. The Borrower U.S. Borrower, on behalf of the Applicable Borrower, shall give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 12:00 1:00 p.m. (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and Loan, (ii) at least three (3) Business Days before each LIBOR Rate Loan denominated in Dollars and (iii) at least four (4) Business Day before each Alternative Currency Revolving Credit Loan, of its intention to borrow, specifying specifying: (A) the date of such borrowing, which shall be a Business Day, ; (B) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan; (C) if such Loan is an Alternative Currency Revolving Credit Loan, the applicable Alternative Currency in which such Loan is to be funded; (D) if such Loan is a Revolving Credit Loan denominated in Dollars, whether such Revolving Credit Loan shall be a LIBOR Rate Loan or a Base Rate Loan; (E) if such Loan is a LIBOR Rate Loan, the duration of the Interest Period applicable thereto; and (F) the amount of such borrowing, which shall be, (x1) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y2) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000, €5,000,000 or C$5,000,000 or a whole multiple of $1,000,000, €1,000,000 or C$1,000,000 in excess thereof and or (z3) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto. If the U.S. Borrower fails to specify a type of Loan currency in a the Notice of BorrowingBorrowing requesting a Loan, then the applicable Loans Loan so requested 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 monthDollars. 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 Revolving Credit 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 and, with respect to each Swingline Loan, the Swingline Lender irrevocable prior written notice substantially in the form of Exhibit B (a "Notice of Borrowing") not later than 12:00 p.m. (i) on the same Business Day as each Canadian Prime Rate Loan, each Base Rate Loan and each Swingline Loan, (ii) at least one (1) Business Day before each BA Loan and (iiiii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, ; (B) the applicable Permitted Currency with respect to such borrowing; (C) the amount of such borrowing, which shall be, (x1) with respect to Canadian Prime Rate Loans (other than Swingline Loans) in an aggregate principal amount of C$1,000,000 or a whole multiple of C$500,000 in excess thereof, (2) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof, (y3) with respect to BA Loans in an aggregate principal amount of C$1,000,000 or a whole multiple of C$500,000 in excess thereof, (4) with respect to LIBOR Rate Loans denominated in Canadian Dollars in an aggregate principal amount of C$3,000,000 or a whole multiple of C$1,000,000 in excess thereof, (5) with respect to LIBOR Rate Loans denominated in Dollars in an aggregate principal amount of $5,000,000 3,000,000 or a whole multiple of $1,000,000 in excess thereof and (z6) with respect to Swingline Loans in an aggregate principal any amount of $500,000 Canadian Dollars or a whole multiple of $100,000 in excess thereof, Dollars (Cas applicable); (D) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, ; (DE) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Loans, Canadian Prime Rate Loans, Base Rate Loans or BA Loans; and (E) in the case of a LIBOR Rate Loan or any BA 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 1 contract

Sources: Credit Agreement (AbitibiBowater Inc.)

Requests for Borrowing. The Borrower shall give the Administrative Agent and, with respect to each Swingline Loan (other than a Swingline Loan made by way of overdraft), the Swingline Lender irrevocable prior written notice substantially in the form of Exhibit B (a "Notice of Borrowing") not later than 12:00 p.m. (i) on the same Business Day as each Canadian Prime Rate Loan, each Base Rate Loan and each Swingline Loan, (ii) at least one (1) Business Day before each BA Loan and (iiiii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, ; (B) the applicable Permitted Currency with respect to such borrowing; (C) the amount of such borrowing, which shall be, (x1) with respect to Canadian Prime Rate Loans (other than Swingline Loans) in an aggregate principal amount of C$1,000,000 or a whole multiple of C$500,000 in excess thereof, (2) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof, (y3) with respect to BA Loans in an aggregate principal amount of C$1,000,000 or a whole multiple of C$500,000 in excess thereof, (4) with respect to LIBOR Rate Loans denominated in Canadian Dollars in an aggregate principal amount of C$3,000,000 or a whole multiple of C$1,000,000 in excess thereof, (5) with respect to LIBOR Rate Loans denominated in Dollars in an aggregate principal amount of $5,000,000 3,000,000 or a whole multiple of $1,000,000 in excess thereof and (z6) with respect to Swingline Loans in an aggregate principal any amount of $500,000 Canadian Dollars or a whole multiple of $100,000 in excess thereof, Dollars (Cas applicable); (D) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, ; (DE) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Loans, Canadian Prime Rate Loans, Base Rate Loans or BA Loans; and (E) in the case of a LIBOR Rate Loan or any BA 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 1 contract

Sources: Tenth Amendment and Waiver (AbitibiBowater Inc.)