Common use of Revolving Credit Loan Requests Clause in Contracts

Revolving Credit Loan Requests. (a) Requests for loans and advances under the Revolving Credit or for the continuance or conversion of an interest rate applicable to a Revolving Credit Loan may be requested by the Lead Borrower in accordance with the provisions of Sections 2.5(b) through and including 2.5(d) hereof, by written or telephonic notice (in the case of telephonic notice, promptly confirmed in writing if so requested by the Administrative Agent). Such notice of borrowing shall be substantially in the form of EXHIBIT 2.5 hereto, signed by the Lead Borrower and transmitted to the Administrative Agent by telecopier. Each such notice shall be irrevocable and shall specify (i) the proposed Borrower (i.e. Filene's or one of the Value City Entities, as applicable), (ii) the amount of the proposed borrowing and the date thereof (which shall be a Business Day) and (iii) whether the borrowing then being requested is to be a borrowing of Base Margin Loans or LIBOR Loans and, if LIBOR Loans, the Interest Period with respect thereto. If no election is made as to the type of Loan or no election of Interest Period is specified in any such notice for a borrowing of LIBOR Loans, such notice shall be deemed a request for borrowing of Base Margin Loans. The Administrative Agent may rely on any telephonic request for a borrowing to the same extent that the Administrative Agent may rely on a written request. The Borrowers shall bear all risks related to the giving of borrowing requests telephonically.

Revolving Credit Loan Requests. (a) Requests for loans and advances under the Revolving Credit or for the continuance or conversion of an interest rate applicable to a Revolving Credit Loan may be requested by the Lead Borrower in accordance with the provisions of Sections 2.5(b) through and including 2.5(d) hereof, by written or telephonic notice (in the case of telephonic notice, promptly confirmed in writing if so requested by the Administrative Agent). Such notice of borrowing shall be substantially in the form of EXHIBIT 2.5 hereto, signed by the Lead Borrower and transmitted to the Administrative Agent by telecopier. Each such notice shall be irrevocable and shall specify (i) the proposed Borrower (i.e. Filene's or one of the Value City Entities, as applicable)Borrower, (ii) the amount of the proposed borrowing and the date thereof (which shall be a Business Day) and (iii) whether the borrowing then being requested is to be a borrowing of Base Margin Loans or LIBOR Loans and, if LIBOR Loans, the Interest Period with respect thereto. If no election is made as to the type Type of Loan or no election of Interest Period is specified in any such notice for a borrowing of LIBOR Loans, such notice shall be deemed a request for borrowing of Base Margin Loans. The Administrative Agent may rely on any telephonic request for a borrowing to the same extent that the Administrative Agent may rely on a written request. The Borrowers shall bear all risks related to the giving of borrowing requests telephonically.

Revolving Credit Loan Requests. (a) Requests for loans and advances under the Revolving Credit or for the continuance or conversion of an interest rate applicable to a Revolving Credit Loan may be requested by the Lead Borrower in accordance with the provisions of Sections 2.5(b) through and including 2.5(d) hereof, by written or telephonic notice (in the case of telephonic notice, promptly confirmed in writing if so requested by the Administrative Agent). Such notice of borrowing shall be substantially in the form of EXHIBIT 2.5 hereto, signed by the Lead Borrower and transmitted to the Administrative Agent by telecopier. Each such notice shall be irrevocable and shall specify (i) the proposed Borrower (i.e. DSW/Shonac, Filene's or one of the Value City Entities, as applicable), (ii) the amount of the proposed borrowing and the date thereof (which shall be a Business Day) and (iii) whether the borrowing then being requested is to be a borrowing of Base Margin Loans or LIBOR Eurodollar Loans and, if LIBOR Eurodollar Loans, the Interest Period with respect thereto. If no election is made as to the type Type of Loan or no election of Interest Period is specified in any such notice for a borrowing of LIBOR Eurodollar Loans, such notice shall be deemed a request for borrowing of Base Margin Loans. The Administrative Agent may rely on any telephonic request for a borrowing to the same extent that the Administrative Agent may rely on a written request. The Borrowers shall bear all risks related to the giving of borrowing requests telephonically.

Revolving Credit Loan Requests. (a) Requests for loans and advances under the Revolving Credit or for the continuance or conversion of an interest rate applicable to a Revolving Credit Loan may be requested by the Lead Borrower in accordance with the provisions of Sections 2.5(b) through and including 2.5(d) hereof, by written or telephonic notice (in the case of telephonic notice, promptly confirmed in writing if so requested by the Administrative Agent). Such notice of borrowing shall be substantially in the form of EXHIBIT 2.5 hereto, signed by the Lead Borrower and transmitted to the Administrative Agent by telecopier. Each such notice shall be irrevocable and shall specify (i) the proposed Borrower (i.e. Filene's or one of the Value City Entities, as applicable)Borrower, (ii) the amount of the proposed borrowing and the date thereof (which shall be a Business Day) and (iii) whether the borrowing then being requested is to be a borrowing of Base Margin Loans or LIBOR Loans and, if LIBOR Loans, the Interest Period with respect thereto. If no election is made as to the type Type of Loan or no election of Interest Period is specified in any such notice for a borrowing of LIBOR Loans, such notice shall be deemed a request for borrowing of Base Margin Loans. The Administrative Agent may rely on any telephonic request for a borrowing to the same extent that the Administrative Agent may rely on any telephonic request for a borrowing to the same extent that the Administrative Agent may rely on a written request. The Borrowers shall bear all risks related to the giving of borrowing requests telephonically.

Revolving Credit Loan Requests. (a) Requests for loans and advances under the Revolving Credit or for the continuance or conversion of an interest rate applicable to a Revolving Credit Loan may be requested by the Lead Borrower in accordance with the provisions of Sections 2.5(b) through and including 2.5(d) hereof, by written or telephonic notice (in the case of telephonic notice, promptly confirmed in writing if so requested by the Administrative Agent). Such notice of borrowing shall be substantially in the form of EXHIBIT Exhibit 2.5 hereto, signed by the Lead Borrower and transmitted to the Administrative Agent by telecopier. Each such notice shall be irrevocable and shall specify (i) the proposed Borrower (i.e. Filene's or one of the Value City Entities, as applicable), (ii) the amount of the proposed borrowing and the date thereof (which shall be a Business Day) and (iiiii) whether the borrowing then being requested is to be a borrowing of Base Margin Loans or LIBOR Loans and, if LIBOR Loans, the Interest Period with respect thereto. If no election is made as to the type of Loan or no election of Interest Period is specified in any such notice for a borrowing of LIBOR Loans, such notice shall be deemed a request for borrowing of Base Margin Loans. The Administrative Agent may rely on any telephonic request for a borrowing to the same extent that the Administrative Agent may rely on a written request. The Borrowers Borrower shall bear all risks related to the giving of borrowing requests telephonically.