Making the Revolving Loans. (a) Each Borrowing shall be in an amount not less than $1,000,000 (or, if less, the Available Commitments at such time) or an integral multiple of $100,000 in excess thereof and shall consist of Revolving Loans of the same Type made on the same day by the Lenders ratably according to their respective Commitment Percentages. Each Borrowing shall be made on notice, given not later than 1:00 P.M. (New York City Time) on the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurodollar Rate Revolving Loans, or not later than 1:00 P.M. (New York City Time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Revolving Loans, by the Borrower to the Administrative Agent, which shall give to each Lender prompt written notice thereof. Each such notice of a Revolving Borrowing (a “Notice of Borrowing”) shall be by telephone, confirmed immediately in writing or facsimile in substantially the form of Exhibit A hereto, specifying therein the requested (i) Borrowing Date for such Borrowing, (ii) Type of Revolving Loans comprising such Borrowing, (iii) aggregate amount of such Borrowing, and (iv) in the case of a Borrowing consisting of Eurodollar Rate Revolving Loans, the initial Interest Period for each such Revolving Loan. Each Lender shall, before 2:00 P.M. (New York City Time) (or, for Borrowings consisting of Base Rate Revolving Loans for which notice was provided to the Lenders after 12:00 noon (New York City Time) but no later than 1:00 P.M. (New York City Time), before 3:00 P.M. (New York City Time)) on the applicable Borrowing Date, make available for the account of its Applicable Lending Office to the Administrative Agent at the Agent’s Account, in same day funds, such Lender’s ratable portion of the Borrowing to be made on such Borrowing Date. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower no later than 3:30 P.M. (New York City Time) in such manner as the Borrower shall have specified in the applicable Notice of Borrowing.
Making the Revolving Loans. The Borrower may borrow under the -------------------------- Revolving Commitment on any Business Day, provided that the Borrower shall give the Bank notice pursuant to the terms of the Note specifying (i) the amount of the proposed Borrowing and (ii) the requested date of the Borrowing. Upon satisfaction of the applicable conditions set forth in Article IV, the proceeds of all such Loans will then be made available to the Borrower by the Bank by crediting the account of the Borrower on the books of the Bank, or as otherwise directed by the Borrower.
Making the Revolving Loans. From and including the Closing Date and prior to the Revolving Loan Termination Date, each Lender severally agrees, on the terms and conditions set forth in this Agreement, to make revolving loans to the Borrower from time to time in amounts not to exceed in the aggregate at any one time outstanding (i) the amount of its Revolving Loan Commitment (each individually a "Revolving Loan" and, collectively, the "Revolving Loans") or (ii) the Borrowing Base, in each case minus the sum of the aggregate principal amount of all outstanding Letters of Credit and the outstanding principal on the Swing Line Loan. Each Advance under this Section 2.2.1 shall consist of Revolving Loans made by each Lender ratably in proportion to such Lender's respective Pro Rata Share, it being understood that no Lender shall be responsible for any failure by any other Lender to perform its obligation to make any Revolving Loan hereunder nor shall the Revolving Loan Commitment of any Lender be increased or decreased as a result of any such failure. Subject to the terms of this Agreement, the Borrower may borrow, repay and reborrow Revolving Loans at any time prior to the Revolving Loan Termination Date. The Revolving Loan Commitments of the Lenders shall expire on the Revolving Loan Termination Date, and all amounts due on the Revolving Loans shall be payable on the Revolving Loan Termination Date.
Making the Revolving Loans. The Borrower may borrow under the -------------------------- Revolving Commitment on any Business Day, provided that the Borrower shall give the Bank Standard Notice specifying (i) the amount of the proposed Borrowing and (ii) the requested date of the Borrowing. Upon satisfaction of the applicable conditions set forth in Article IV, the proceeds of all such Loans will then be made available to the Borrower by the Bank by crediting the account of the Borrower on the books of the Bank, or as otherwise directed by the Borrower. The Standard Notice may be given in writing (including facsimile transmission) signed by one (1) authorized officer or orally, but if the Standard Notice is provided orally, Borrower shall same day confirm the oral Standard Notice in writing (including facsimile transmission) no later than 2:00 p.m., Los Angeles time, and any conflict regarding a written or oral notice and the Bank's books and records applicable to the same Borrowing shall be conclusively determined by the Bank's books and records. The Bank shall not incur any liability to the Borrower in acting upon any oral or written notice of Borrowing which the Bank believes in good faith to have been given by a Person duly authorized to borrow on behalf of the Borrower.
Making the Revolving Loans. Each Revolving Loan shall be made upon written notice, given by the Borrower to the Lender at least three and not more than five Business Days prior to the proposed borrowing date thereof. Each such notice shall be in the form annexed hereto as Exhibit C (“Notice of Borrowing”), shall be irrevocable and shall specify therein (A) the proposed borrowing date, which shall be a Business Day, (B) the principal amount of such Revolving Loan and (C) the duration of the initial Interest Period therefore. Upon fulfillment of the applicable conditions set forth in Section 5 hereof (or the waiver thereof by the Lender as herein prescribed), the Lender will make the proceeds of such Revolving Loan available to the Borrower in same day funds at the Lender’s office at 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, XX 00000, or at such other place as the Lender shall designate in writing to the Borrower. 2.2
Making the Revolving Loans. (a) The Parent shall give the Administrative Agent prior telephone notice (immediately confirmed in writing, in substantially the form of Exhibit C hereto (a “Notice of Borrowing”), not later than 1:00 p.m. (New York City time) on the date which is five Business Days prior to the date of the proposed Loan. Such Notice of Borrowing shall be irrevocable and shall specify (i) the principal amount of the proposed Loan, (ii) the use of the proceeds of such proposed Loan, and (iii) the proposed borrowing date, which must be a Business Day. The Administrative Agent and the Lenders may act without liability upon the basis of written, telecopied or telephonic notice believed by the Administrative Agent in good faith to be from the Parent (or from any Authorized Officer thereof designated in writing purportedly from the Parent to the Administrative Agent). The Borrowers hereby waive the right to dispute the Administrative Agent’s record of the terms of any such telephonic Notice of Borrowing. The Administrative Agent and each Lender shall be entitled to rely conclusively on any Authorized Officer’s authority to request a Loan on behalf of the Parent until the Administrative Agent receives written notice to the contrary. The Administrative Agent and the Lenders shall have no duty to verify the authenticity of the signature appearing on any written Notice of Borrowing. Except as otherwise provided in this Section 2.02, Loans shall be made ratably by the Lenders in accordance with their respective Revolving Credit Commitments.
Making the Revolving Loans. Borrower may borrow under the Commitment on any Business Day if the Revolving Loan is to be a Prime Rate Loan and on any Eurodollar Business Day if the Revolving Loan is to be a Eurodollar Rate Loan, provided Borrower shall give Bank irrevocable notice in the form of Exhibit A (which notice -10- 14 must be received by Bank prior to 9:00 A.M., San Francisco time) (i) three Eurodollar Business Days prior to the requested borrowing date in the case of a Eurodollar Rate Loan, and (ii) on the Business Day of the requested borrowing in the case of a Prime Rate Loan, specifying (A) the amount of the proposed Revolving Loan, (B) the requested date of the Revolving Loan, (C) whether the Revolving Loan is to consist of a Prime Rate Loan or a Eurodollar Rate Loan, and (D) if the Revolving Loan is to be a Eurodollar Rate Loan, the length of the Interest Period therefor. Upon satisfaction of the applicable conditions set forth in this Section and in Article IV, the proceeds of such Revolving Loan will then be made available to Borrower by Bank by crediting the account of Borrower on the books of Bank, or as otherwise directed by Borrower. The notice of Revolving Loan may be given orally (including telephonically) or in writing (including telex or facsimile transmission) and any conflict regarding a notice or between an oral notice and a written notice applicable to the same Revolving Loan shall be conclusively determined by Bank's books and records. Bank shall not incur any liability to Borrower in acting upon any notice of Revolving Loan which Bank believes in good faith to have been given by a Person duly authorized to give such notice on behalf of Borrower.
Making the Revolving Loans. Each Revolving Loan shall be made upon written notice (in form and substance satisfactory to the Lender, a “Notice of Borrowing”), given by the Borrower to the Lender no later than 12:00 noon (New York City time) on the proposed borrowing date thereof. Each Notice of Borrowing shall be irrevocable and shall specify therein (A) the proposed borrowing date, which shall be a Business Day, (B) the principal amount of such Revolving Loan and (C) the duration of the initial Interest Period therefor. Upon fulfillment of the applicable conditions set forth in Section 5 hereof (or the waiver thereof by the Lender as herein prescribed), the Lender will make the proceeds of such Revolving Loan available to the Borrower in same day funds at the Lender’s office at 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, XX 00000, or at such other place as the Lender shall designate in writing to the Borrower. The Lender shall notify the Borrower of the Applicable Spread with respect to such Revolving Loan on or prior to the end of the first Interest Period with respect to such Revolving Loan; provided that the Lender’s failure to notify the Borrower of the Applicable Spread shall not affect the validity of such Revolving Loan or any obligations of the Borrower hereunder or under any Loan Document.
Making the Revolving Loans. Each advance shall be made either: (i) -------------------------- on written notice given by the Borrower to the Lender; or (ii) in a telephonic request, which request shall be followed by written notice from the Borrower to Lender within five days from the telephonic request; and in either event not later than noon (Central Standard Time) one business day prior to the business day upon which the advance is to be made.
Making the Revolving Loans. (i) The Revolving Agent shall promptly notify each Revolving Lender of the amount of each borrowing of Revolving Loans. Each Revolving Lender shall deposit into an account specified by the Revolving Agent an amount equal to its Pro Rata Share of the amount of such borrowing in immediately available funds, not later than 10:00 a.m., New York City time, on the Funding Date applicable thereto. Subject to the satisfaction of the conditions precedent set forth in Article IV, the Revolving Agent shall make the proceeds of such amounts received by it available to the Borrower on such Funding Date.
