Common use of Borrowing Procedure Clause in Contracts

Borrowing Procedure. To request a Revolving Borrowing or Term Borrowing, the Borrower shall deliver, by hand delivery or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Request for Credit Extension to the Administrative Agent (i) in the case of a Eurodollar Borrowing, not later than 1:00 p.m., New York City time, three Business Days before the date of the proposed Borrowing (or, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (ii) in the case of an ABR Borrowing, not later than 1:00 p.m., New York City time, on the date of the proposed Borrowing. Each Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable and shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such Borrowing; (c) the date of such Borrowing, which shall be a Business Day; (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”; (f) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.02(c) and (g) if and to the extent required under Section 4.01, that the conditions set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the notice. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any requested Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 3 contracts

Samples: Credit Agreement (Surgery Partners, Inc.), Credit Agreement (Surgery Partners, Inc.), Credit Agreement (Surgery Partners, Inc.)

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Borrowing Procedure. To In order to request a Revolving Borrowing (other than a deemed Borrowing pursuant to Section 2.02(f) or Term Borrowing2.02(g), as to which this Section 2.03 shall not apply), the Borrower shall deliver, by hand delivery or facsimile telecopy (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Request for Credit Extension with receipt confirmed telephonically) to the Administrative Agent a duly completed Borrowing Request (ia) in the case of a Eurodollar Borrowing, not later than 1:00 p.m.12:00 noon, New York City time, three Business Days before the date of the a proposed Borrowing Borrowing, and (or, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (iib) in the case of an ABR Borrowing, not later than 1:00 p.m.11:00 a.m., New York City time, on the date same Business Day as the proposed Borrowing is to be made. Each Borrowing Request shall be irrevocable, shall be signed by or on behalf of the proposed Borrowing. Each Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable Borrower and shall specify the following information in compliance with Section 2.02information: (ai) whether the being requested is to be a Tender Facility Borrowing, a Term Facility Borrowing, a Pre-Merger Revolving Facility Borrowing or a Post-Merger Revolving Facility Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such an ABR Borrowing; (cii) the date of such Borrowing, Borrowing (which shall be a Business Day); (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”; (fiii) the number and location and number of the Borrower’s account to which funds are to be disbursed, disbursed (which shall comply be an account that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing; and (gv) if and such Borrowing is to be a Eurodollar Borrowing, the extent required under Section 4.01Interest Period with respect thereto; provided, that however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the conditions requirements set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the notice2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any requested Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Promptly following receipt of a Request for Credit Extension The Administrative Agent shall promptly (and in accordance with this Section 2.03, any event on the same day that the Administrative Agent shall receives such notice, if received by 1:00 p.m., New York City time, on such day) advise each Lender the applicable Lenders of any notice given pursuant to this Section 2.03 (and the details thereof contents thereof), and of the amount of such each Lender’s Loan to be made as part 's portion of the requested Borrowing.

Appears in 3 contracts

Samples: Credit Agreement (Schein Pharmaceutical Inc), General Liability (Schein Pharmaceutical Inc), Credit Agreement (Danbury Pharmacal Puerto Rico Inc)

Borrowing Procedure. To In order to request a Revolving Borrowing or Term Borrowing, the Borrower shall deliver, by hand delivery or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Request for Credit Extension to notify the Administrative Agent of such request by telephone (ia) in the case of a Eurodollar Borrowing, not later than 1:00 2:00 p.m., New York City time, three Business Days before the date of the a proposed Borrowing Borrowing, and (or, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (iib) in the case of an ABR Borrowing, not later than 1:00 2:00 p.m., New York City time, on the date of the one Business Day before a proposed Borrowing. Each such telephonic Borrowing Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable irrevocable, and shall be confirmed promptly by hand delivery, electronic mail or fax to the Administrative Agent of a written Borrowing Request and shall specify the following information in compliance with Section 2.02information: (ai) whether the Borrowing then being requested is to be a Term Borrowing or an Incremental Term Borrowing and whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing (provided that, until the Administrative Agent shall have notified the Borrower that the primary syndication of Revolving Loans or Term Loansthe Commitments has been completed (which notice shall be given as promptly as practicable and, in any event, within 30 days after the Closing Date), the Borrower shall not be permitted to request a Eurodollar Borrowing) with an Interest Period in excess of one month; (b) the aggregate amount of such Borrowing; (cii) the date of such Borrowing, Borrowing (which shall be a Business Day); (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”; (fiii) the number and location and number of the Borrower’s account to which funds are to be disbursed; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, which the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements of Section 2.02(c) and (g) if and to the extent required under Section 4.01, that the conditions set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the notice2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any requested Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, the The Administrative Agent shall promptly advise each Lender the applicable Lenders of any notice given pursuant to this Section 2.03 (and the details thereof contents thereof), and of the amount of such each Lender’s Loan to be made as part portion of the requested Borrowing.

Appears in 3 contracts

Samples: Credit Agreement (Hawaiian Telcom Holdco, Inc.), Credit Agreement (Hawaiian Telcom Holdco, Inc.), Guarantee and Collateral Agreement (Hawaiian Telcom Holdco, Inc.)

Borrowing Procedure. To In order to request a Revolving Borrowing or Term Borrowing, the Borrower shall deliver, by hand delivery deliver or send via facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by to the Administrative Agent), Agent a duly completed and executed Borrowing Request for Credit Extension to the Administrative Agent (i) in the case of a Eurodollar Borrowing, not later than 1:00 p.m.11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing (orsuch Borrowing, in the case of the initial extension of credit on the Closing Date, one Business Day before) or and (ii) in the case of an ABR Borrowing, not later than 1:00 p.m.11:00 a.m., New York City time, on the date of the proposed one Business Day before such Borrowing. Each Request for Credit Extension for a Revolving Loan or a Term Loan Such notice shall be irrevocable and shall in each case specify the following information in compliance with Section 2.02: (aA) whether the Borrowing then being requested Borrowing is to be a Eurodollar Borrowing of Revolving Loans or Term Loans; an ABR Borrowing, (b) the aggregate amount of such Borrowing; (cB) the date of such Borrowing, Borrowing (which shall be a Business Day; ) and the amount thereof, (dC) whether if such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable with respect thereto, which shall be a period contemplated by not end after the definition of “Interest Period”; Commitment Termination Date, and (fD) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.02(c) and (g) if and to the extent required under Section 4.01, that the conditions set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the noticethis Agreement. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be deemed an ABR Borrowing. If no Interest Period with respect to any requested Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s durationduration (subject to the limitations set forth in the definition of “Interest Period”). Promptly following receipt of a Request for Credit Extension If the Borrower shall not have given notice in accordance with this Section 2.03of its election to refinance a Borrowing prior to the end of the Interest Period in effect for such Borrowing, then the Administrative Borrower shall (unless such Borrowing is repaid at the end of such Interest Period) be deemed to have given notice of an election to refinance such Borrowing with an ABR Borrowing. Notwithstanding any other provision of this Agreement to the contrary, no Borrowing shall be requested if the Interest Period with respect thereto would end after the Commitment Termination Date. The Agent shall promptly advise each Lender the Lenders of the details thereof any notice given pursuant to this Section and of the amount of such each Lender’s Loan to be made as part portion of the requested Borrowing.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Txu Energy Co LLC), Revolving Credit Agreement (Txu Corp /Tx/), Revolving Credit Agreement (Txu Energy Co LLC)

Borrowing Procedure. To In order to request a Revolving Borrowing or Term Borrowing, the Borrower shall deliver, by hand delivery deliver or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by telecopy to the Administrative Agent), Agent a duly completed and executed Borrowing Request for Credit Extension to in the Administrative Agent form of Exhibit A (i) in the case of a Eurodollar Borrowing, not later than 1:00 p.m.11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing (orsuch Borrowing, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (ii) in the case of an ABR Borrowing, not later than 1:00 11:00 a.m., New York City time, one Business Day before such Borrowing, and (iii) in the case of the initial Borrowing, not later than 3:00 p.m., New York City time, on the date day of the proposed such Borrowing. Each Request for Credit Extension for a Revolving Loan or a Term Loan Such notice shall be irrevocable and shall in each case specify the following information in compliance with Section 2.02: (aA) whether the Borrowing then being requested Borrowing is to be a Eurodollar Borrowing of Revolving Loans or Term Loans; an ABR Borrowing, (b) the aggregate amount of such Borrowing; (cB) the date of such Borrowing, Borrowing (which shall be a Business Day; ) and the amount thereof, (dC) whether if such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable with respect thereto, which shall be a period contemplated by not end after the definition of “Interest Period”; Maturity Date, and (fD) the location and number of the Borrower’s 's account to which funds are to be disbursed, which shall comply with the requirements of Section 2.02(c) and (g) if and to the extent required under Section 4.01, that the conditions set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the noticethis Agreement. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be deemed an ABR Borrowing. If no Interest Period with respect to any requested Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration's duration (subject to the limitations set forth in the definition of "Interest Period"). Promptly following receipt of a Request for Credit Extension If the Borrower shall not have given notice in accordance with this Section 2.032.03 of its election to refinance a Borrowing prior to the end of the Interest Period in effect for such Borrowing, then the Administrative Borrower shall (unless such Borrowing is repaid at the end of such Interest Period) be deemed to have given notice of an election to refinance such Borrowing with an ABR Borrowing. Notwithstanding any other provision of this Agreement to the contrary, no Borrowing shall be requested if the Interest Period with respect thereto would end after the Maturity Date. The Agent shall promptly advise each Lender the Lenders of the details thereof any notice given pursuant to this Section 2.03 and of the amount of such each Lender’s Loan to be made as part 's portion of the requested Borrowing.

Appears in 3 contracts

Samples: Credit Agreement (Txu Corp /Tx/), Credit Agreement (Txu Corp /Tx/), Credit Agreement (Txu Corp /Tx/)

Borrowing Procedure. To In order to request a Revolving Borrowing (other than a Swingline Loan or Term Borrowingdeemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.03 shall not apply), the Borrower shall deliver, by hand delivery deliver or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Request for Credit Extension fax to the Administrative Agent a duly completed Borrowing Request (ia) in the case of a Eurodollar Borrowing, not later than 1:00 p.m.11:00 a.m., New York City time, three Business Days before the date of the a proposed Borrowing Borrowing, and (or, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (iib) in the case of an ABR Borrowing, not later than 1:00 p.m.11:00 a.m., New York City time, on the date day of a proposed Borrowing (or, with respect to the proposed BorrowingBorrowing of Term Loans of any Type on the Restatement Date, such shorter notice as is reasonably acceptable to the Administrative Agent). Each Borrowing Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable (other than any Borrowing Request with respect to the Borrowing of Term Loans on the Restatement Date), shall be signed by or on behalf of the Borrower and shall specify the following information in compliance with Section 2.02information: (ai) whether the Borrowing then being requested is to be a Term Borrowing or a Revolving Credit Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such an ABR Borrowing; (cii) the date of such Borrowing, Borrowing (which shall be a Business Day; ), (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”; (fiii) the number and location and number of the Borrower’s account to which funds are to be disbursed, disbursed (which shall comply be an account that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing; and (gv) if and such Borrowing is to be a Eurodollar Borrowing, the extent required under Section 4.01Interest Period with respect thereto; provided, that however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the conditions requirements set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the notice2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any requested Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, the The Administrative Agent shall promptly advise each Lender the applicable Lenders of any notice given pursuant to this Section 2.03 (and the details thereof contents thereof), and of the amount of such each Lender’s Loan to be made as part 's portion of the requested Borrowing.

Appears in 3 contracts

Samples: Credit Agreement (Amis Holdings Inc), Credit Agreement (Amis Holdings Inc), Credit Agreement (Amis Holdings Inc)

Borrowing Procedure. To In order to request a Revolving Borrowing or Term Borrowing, the Borrower (other than a deemed Borrowing pursuant to Section 2.02(f) as to which this Section 2.03 shall deliver, by hand delivery or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agentnot apply), a duly completed and executed Request for Credit Extension to Borrower shall notify the Administrative Agent of such request by telephone (ia) in the case of a Eurodollar BorrowingTerm SOFR Borrowing denominated in Dollars, not later than 1:00 p.m.12:00 (noon), New York City time, three Business Days before the date of the a proposed Borrowing and (or, b) in the case of the initial extension of credit on the Closing Datea Eurocurrency Borrowing denominated in a Designated Foreign Currency, one not later than 12:00 (noon), New York City time, four Business Day before) or Days before a proposed Borrowing and (iic) in the case of an ABR Borrowing, not later than 1:00 p.m.12:00 (noon), New York City time, on the date of the one Business Day before a proposed Borrowing. Each such telephonic Borrowing Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable and shall be confirmed promptly by hand delivery, fax or e-mail delivery to the Administrative Agent of a written Borrowing Request and shall specify the following information in compliance with Section 2.02information: (ai) whether the Borrowing then being requested Borrowing is to be a Borrowing of Tranche B-1 U.S. Term Loans, Tranche B-2 U.S. Term Loans, Tranche B-3 U.S. Term Loans, European Term Loans, Incremental Term Loans of any other Class, Revolving Loans or Other Revolving Loans and whether such Borrowing is to be a Eurocurrency Borrowing, a Term LoansSOFR Borrowing or an ABR Borrowing (or a FBR Borrowing); (b) the aggregate amount of such Borrowing; (cii) the date of such Borrowing, Borrowing (which shall be a Business Day); (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”; (fiii) the number and location and number of the Borrower’s account to which funds are to be disbursed; (iv) the amount and currency of such Borrowing; and (v) if such Borrowing is to be a Eurocurrency Borrowing or a Term SOFR Borrowing, which the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, (x) each requested Borrowing shall comply with the requirements of Section 2.02(c) and (g) if and to the extent required under Section 4.01, that the conditions set forth in clauses (a) Section 2.02 and (by) no Borrowing may be requested to be made on the same day that a prepayment under Section 2.12 of Section 4.01 are satisfied as Loans of the date of same Class and Type the noticerequested Borrowing is scheduled to be made. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be in the case of Borrowing denominated in Dollars, an ABR Borrowing, and, in the case of a Borrowing denominated in a Designated Foreign Currency, a Eurocurrency Borrowing. If no Interest Period with respect to any requested Eurodollar Eurocurrency Borrowing or Term SOFR Borrowing is specified in any such notice, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, the The Administrative Agent shall promptly advise each Lender the applicable Lenders of any notice given pursuant to this Section 2.03 (and the details thereof contents thereof), and of the amount of such each Lender’s Loan to be made as part portion of the requested Borrowing.

Appears in 3 contracts

Samples: Agency Transfer Agreement (Pactiv Evergreen Inc.), Fourth Amended and Restated Credit Agreement (Pactiv Evergreen Inc.), Fourth Amended and Restated Credit Agreement (Pactiv Evergreen Inc.)

Borrowing Procedure. To In order to request a Revolving Borrowing (other than a Swingline Loan or Term Borrowinga deemed Borrowing pursuant to Section 2.2(f), as to which this Section 2.3 shall not apply), the Borrower shall deliver, by hand delivery deliver or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Request for Credit Extension fax to the Administrative Agent (ior give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 1:00 p.m.12:00 (noon), New York City timeLocal Time, three Business Days before the date of the a proposed Borrowing Borrowing, and (or, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (iib) in the case of an ABR Borrowing, not later than 1:00 p.m.12:00 (noon), New York City time, on the date of the one Business Day before a proposed Borrowing. Each Borrowing Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable irrevocable, shall be signed by or on behalf of the Borrower and shall specify the following information in compliance with Section 2.02information: (ai) whether the Borrowing then being requested is to be a US$ Term Loan Borrowing, a Euro Term Loan Borrowing, an Incremental Term Loan Borrowing or a Revolving Credit Borrowing, whether such Borrowing is denominated in Dollars or an Alternative Currency, and whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing (provided, that until the Administrative Agent shall have notified the Borrower that the primary syndication of Revolving the Commitment has been completed (which notice shall be given as promptly as practicable and, in any event, within 7 days after the Closing Date), the Borrower shall not be permitted to request a Eurodollar Borrowing for any Loans or Term Loansdenominated in US Dollars); (b) the aggregate amount of such Borrowing; (cii) the date of such Borrowing, Borrowing (which shall be a Business Day); (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”; (fiii) the number and location and number of the Borrower’s account to which funds are to be disbursed; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, which the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements of Section 2.02(c) and (g) if and to the extent required under Section 4.01, that the conditions set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the notice2.2. If no election as to the Type of Borrowing is specified in any such notice, then (a) if such Borrowing is denominated in US Dollars, the requested Borrowing shall be an ABR Borrowing and (b) if such Borrowing is denominated in an Alternative Currency, the requested Borrowing shall be a Eurodollar Borrowing. If no Interest Period with respect to any requested Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, the The Administrative Agent shall promptly advise each Lender the applicable Lenders of any notice given pursuant to this Section 2.3 (and the details thereof contents thereof), and of the amount of such each Lender’s Loan to be made as part portion of the requested Borrowing.

Appears in 3 contracts

Samples: Credit Agreement (Polypore International, Inc.), Credit Agreement (Daramic, LLC), Credit Agreement (Polypore International, Inc.)

Borrowing Procedure. To In order to request a Revolving Borrowing (other than a Swingline Loan or Term Borrowinga deemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.03 shall not apply), the applicable Borrower shall deliver, by hand delivery deliver or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Request for Credit Extension fax to the Administrative Agent a duly completed Borrowing Request (ia) in the case of a Eurodollar Fixed Rate Borrowing, not later than 1:00 p.m., New York City timeLocal Time, three Business Days before the date of the a proposed Borrowing Borrowing, and (or, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (iib) in the case of an ABR a Daily Rate Borrowing, not later than 1:00 p.m.12:00 noon, New York City timeLocal Time, on the date Business Day of the a proposed Borrowing. Each Borrowing Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable irrevocable, shall be signed by or on behalf of the applicable Borrower and shall specify the following information in compliance with Section 2.02information: (ai) the currency and Class of such Borrowing and whether the requested such Borrowing is to be a Fixed Rate Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such a Daily Rate Borrowing; (cii) the date of such Borrowing, Borrowing (which shall be a Business Day); (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”; (fiii) the number and location and number of the Borrower’s account to which funds are to be disbursed, disbursed (which shall comply be an account that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing; and (gv) if and such Borrowing is to be a Fixed Rate Borrowing, the extent required under Section 4.01Interest Period or Contract Period with respect thereto; provided, that however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the conditions requirements set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the notice2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR a Daily Rate Borrowing if denominated in dollars or Canadian Dollars, and a Fixed Rate Borrowing with a one-month Interest Period or Contract Period otherwise. If no election as to the Class of any Revolving Credit Borrowing by the U.S. Borrower is received, then, to the extent of the available Domestic Revolving Credit Commitments, such Borrowing shall be a Domestic Revolving Credit Borrowing. If no Interest Period or Contract Period with respect to any requested Eurodollar Fixed Rate Borrowing is specified in any such notice, then the applicable Borrower shall be deemed to have selected an Interest Period or Contract Period of one month’s duration. Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, the The Administrative Agent shall promptly advise each Lender the applicable Lenders of any notice given pursuant to this Section 2.03 (and the details thereof contents thereof), and of the amount of such each Lender’s Loan to be made as part portion of the requested Borrowing.

Appears in 3 contracts

Samples: Second Lien Intercreditor Agreement (Cb Richard Ellis Group Inc), Credit Agreement (Cb Richard Ellis Group Inc), Credit Agreement (Cb Richard Ellis Group Inc)

Borrowing Procedure. To (a) In order to request a Revolving Borrowing or Term BorrowingLoan, the Borrower shall deliver, deliver by hand delivery or by facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Request for Credit Extension means to the Administrative Agent (i) in a duly completed Borrowing Request, together with the case of a Eurodollar Borrowingrelated Addition Notice, Borrowing Base Certificate and data tape or other electronic file containing information regarding the Related Receivables to be transferred on such Funding Date not later than 1:00 p.m., New York City time, three Business Days before the date of the proposed Borrowing (or, in the case of the initial extension of credit on the Closing Date, one Business Day beforebefore the proposed Funding Date. Such Borrowing Base Certificate shall provide the current calculation of the Class A Borrowing Base and Class B Borrowing Base (i) if such Funding Date is a Settlement Date, as of the end of business on the related Determination Date, or (ii) in if such Funding Date is not a Settlement Date, as of the case end of an ABR Borrowing, not later than 1:00 p.m., New York City time, business on the date Determination Date for the most recent Settlement Date (or as of the proposed Borrowingend of business on such date as agreed by the Administrative Agent). The Borrower shall submit no more than five (5) Borrowing Requests (and accompanying Addition Notices and Borrowing Base Certificates) per week, unless otherwise agreed by the Administrative Agent. Each Borrowing Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable irrevocable, shall be signed by or on behalf of the Borrower and shall specify the following information in compliance with Section 2.02information: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term Loans; (bi) the aggregate amount Funding Date of such Borrowing; Loans (c) the date of such Borrowing, which shall be a Business Day); (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”; (fii) the number and location and number of the Borrower’s account to which funds are to be disbursed, disbursed (which shall comply be an account that complies with the requirements of Section 2.02(c) )); and (giii) if the aggregate amount to be borrowed and to the extent required under Section 4.01allocation of Class A Loans and Class B Loans requested; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, (x) the Borrower shall not submit any Class A Borrowing Request unless accompanied by a Class B Borrowing Request such that the conditions aggregate amount of borrowing requested is proportionally split based on the Unrated Class A Advance Rate and the Unrated Class B Advance Rate and (y) each requested borrowing of Loans shall comply with the requirements set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the notice2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any requested Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, the The Administrative Agent shall promptly advise each Lender the Lenders of any notice given pursuant to this Section 2.03 (and the details thereof contents thereof), and of the amount of such each Lender’s Loan to be made as part portion of the requested BorrowingLoans.

Appears in 2 contracts

Samples: Credit Agreement (Consumer Portfolio Services Inc), Credit Agreement (Consumer Portfolio Services Inc)

Borrowing Procedure. To In order to request a Revolving Borrowing (other than a Swingline Loan or Term Borrowinga deemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.03 shall not apply), the Borrower shall deliver, by hand delivery or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Request for Credit Extension to notify the Administrative Agent of such request by telephone (ia) in the case of a Eurodollar Borrowing, not later than 1:00 p.m.12:00 noon, New York City time, three Business Days before the date of the a proposed Borrowing Borrowing, and (or, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (iib) in the case of an ABR Borrowing, not later than 1:00 p.m.12:00 noon, New York City time, on the date of the one Business Day before a proposed Borrowing. Each such telephonic Borrowing Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable irrevocable, and shall be confirmed promptly by hand delivery or fax to the Administrative Agent of a written Borrowing Request and shall specify the following information in compliance with Section 2.02information: (ai) whether the Borrowing then being requested is to be a Term Borrowing or a Revolving Credit Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing (provided that, until the Administrative Agent shall have notified the Borrower that the primary syndication of Revolving Loans or Term Loansthe Commitments has been completed (which notice shall be given as promptly as practicable and, in any event, within 14 Business Days after the Closing Date), the Borrower shall not be permitted to request a Eurodollar Borrowing with an Interest Period in excess of one month); (b) the aggregate amount of such Borrowing; (cii) the date of such Borrowing, Borrowing (which shall be a Business Day); (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”; (fiii) the number and location and number of the Borrower’s account to which funds are to be disbursed; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, which the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements of Section 2.02(c) and (g) if and to the extent required under Section 4.01, that the conditions set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the notice2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any requested Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, the The Administrative Agent shall promptly advise each Lender the applicable Lenders of any notice given pursuant to this Section 2.03 (and the details thereof contents thereof), and of the amount of such each Lender’s Loan to be made as part portion of the requested Borrowing.

Appears in 2 contracts

Samples: First Lien Credit Agreement (Global Geophysical Services Inc), First Lien Credit Agreement (Global Geophysical Services Inc)

Borrowing Procedure. To In order to request a Revolving Borrowing or Term Borrowing(other than a deemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.03 shall not apply), the Borrower shall deliver, by hand delivery or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Request for Credit Extension to notify the Administrative Agent of such request by telephone (ia) in the case of a Eurodollar Borrowing, not later than 1:00 p.m.12:00 (noon), New York City time, three Business Days before the date of the a proposed Borrowing Borrowing, and (or, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (iib) in the case of an ABR Borrowing, not later than 1:00 p.m.12:00 (noon), New York City time, on the date Business Day of the a proposed Borrowing. Each such telephonic Borrowing Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable irrevocable, and shall be confirmed promptly by hand delivery or fax to the Administrative Agent of a written Borrowing Request and shall specify the following information in compliance with Section 2.02information: (ai) whether the Borrowing then being requested is to be a Term Borrowing, an Incremental Term Borrowing or a Revolving Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such an ABR Borrowing; (cii) the date of such Borrowing, Borrowing (which shall be a Business Day); (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”; (fiii) the number and location and number of the Borrower’s account to which funds are to be disbursed; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, which the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements of Section 2.02(c) and (g) if and to the extent required under Section 4.01, that the conditions set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the notice2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any requested Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, the The Administrative Agent shall promptly advise each Lender the applicable Lenders of any notice given pursuant to this Section 2.03 (and the details thereof contents thereof), and of the amount of such each Lender’s Loan to be made as part portion of the requested Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (AssetMark Financial Holdings, Inc.), Credit Agreement (AssetMark Financial Holdings, Inc.)

Borrowing Procedure. To In order to request a Revolving Borrowing (other than a Swingline Loan or Term Borrowinga deemed Borrowing pursuant to Section 2.01(a), Section 2.02(f) or Section 2.02(g) or, if applicable, pursuant to Section 2.28, or a Borrowing of Canadian Prime Rate Loans to the extent resulting from automatic conversions of Bankers’ Acceptance Loans as provided in Schedule 2.02(b), in each case as to which this Section 2.03 shall not apply), the Borrower shall deliver, by hand delivery or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Request for Credit Extension to notify the Administrative Agent of such request by telephone (ia) in the case of a Eurodollar Eurocurrency Rate Borrowing or Bankers’ Acceptance Borrowing, not later than 1:00 p.m., New York City time, three p.m. 3 Business Days before the date of the a proposed Borrowing (or, in the case of the initial extension a Bankers’ Acceptance Borrowing with a term in excess of credit on the Closing Date180 days, one five Business Day before) or Days), and (iib) in the case of an ABR Borrowing or a Canadian Prime Rate Borrowing, not later than 1:00 p.m., New York City time, 12:00 p.m. on the date of the a proposed Borrowing. Each Request for Credit Extension for a Revolving Loan or a Term Loan such telephonic request shall be irrevocable irrevocable, shall be confirmed promptly by hand delivery or fax to the Administrative Agent of a written Borrowing Request and shall specify the following information in compliance with Section 2.02information: (ai) whether the Borrowing then being requested is to be a US Revolving Credit Borrowing or a Multicurrency Revolving Credit Borrowing, and if applicable, the relevant Class thereof and whether such Borrowing is to be a Eurodollar Borrowing, a EURIBOR Borrowing, a Sterling LIBOR Borrowing, an ABR Borrowing, a Canadian Prime Rate Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such a Bankers’ Acceptance Borrowing; (cii) the date of such Borrowing, Borrowing (which shall be a Business Day); (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”; (fiii) the number and location and number of the Borrower’s account to which funds are to be disbursed; (iv) the amount (or Face Amount, as applicable) of such Borrowing (stated in the relevant Available Currency); (v) if such Borrowing is to be a Eurocurrency Rate Borrowing, the Interest Period with respect thereto; and (vi) if such Borrowing is to be a Bankers’ Acceptance Borrowing, the term thereof (which shall comply with the requirements of Section 2.02(c) and (g) if and to the extent required under Section 4.01Schedule 2.02(b)); provided, however, that notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the conditions requirements set forth in clauses (a) and (b) of Section 4.01 are satisfied 2.02. Except as of the date of the notice. If otherwise provided in Section 2.10(b), if no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any requested Eurodollar Eurocurrency Rate Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one 1 month’s duration. Promptly following receipt If no term with respect to any Bankers’ Acceptance Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected a term of a Request for Credit Extension in accordance with this Section 2.03, the 1 month’s duration. The Administrative Agent shall promptly advise each Lender the applicable Lenders of any notice given pursuant to this Section 2.03 (and the details thereof contents thereof), and of the amount of such each Lender’s Loan to be made as part portion of the requested Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (Ceridian HCM Holding Inc.), Credit Agreement (Ceridian HCM Holding Inc.)

Borrowing Procedure. To In order to request a Revolving Borrowing or Term Borrowing, the Borrower shall deliver, by hand delivery or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Request for Credit Extension to notify the Administrative Agent of such request (ia) in the case of a Eurodollar BorrowingLoans, not later than 1:00 p.m.12:00 noon, New York City time, three Business Days before the date of the proposed Borrowing Date and (or, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (iib) in the case of an ABR BorrowingBase Rate Loans, not later than 1:00 p.m.12:00 noon, New York City time, on the date of the proposed BorrowingBorrowing Date. Each such Borrowing Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable and shall be confirmed promptly by hand delivery or fax (or, if agreed by the Administrative Agent, by other electronic transmission) to the Administrative Agent of a written Borrowing Request and shall specify the following information in compliance with Section 2.02information: (ai) whether the Borrowing then being requested is to be a Tranche B Term Loan Borrowing, an Incremental Term Loan Borrowing or a Revolving Loan Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing or a Base Rate Borrowing (provided that, until the Administrative Agent shall have notified the Borrower that the primary syndication of Revolving Loans or Term Loansthe Commitments has been completed (which notice shall be given as promptly as practicable and, in any event, within 30 days after the Closing Date), the Borrower shall not be permitted to request a Eurodollar Borrowing with an Interest Period in excess of one month); (b) the aggregate amount of such Borrowing; (cii) the date of such Borrowing, Borrowing (which shall be a Business Day); (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”; (fiii) the number and location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with ; (iv) the requirements amount of Section 2.02(c) such Borrowing; and (gv) if and such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, Loans comprising any Borrowing shall be in an aggregate principal amount that is (1) (A) in the case of Base Rate Loans, $1,000,000 or a whole multiple of $250,000 in excess thereof or (B) in the case of Eurodollar Loans, $2,500,000 or a whole multiple of $250,000 in excess thereof or (2) equal to the extent required under Section 4.01, that the conditions set forth in clauses (a) and (b) of Section 4.01 are satisfied as remaining available balance of the date of the noticeapplicable Commitments. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR a Base Rate Borrowing. Any Revolving Loans made on the Closing Date shall initially be Base Rate Loans. If no Interest Period with respect to any requested Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s three months’ duration. Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, the The Administrative Agent shall promptly advise each Lender the applicable Lenders of any notice given pursuant to this Section 4.01 (and the details thereof contents thereof), and of the amount of such each Lender’s Loan to be made as part portion of the requested Borrowing. Each applicable Lender will make the amount of its pro rata share of each Borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 1:00 P.M., New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such Borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower specified in the applicable Borrowing Request with the aggregate of the amounts made available to the Administrative Agent by the applicable Lenders and in like funds as received by the Administrative Agent.

Appears in 2 contracts

Samples: Credit Agreement (Roundy's, Inc.), Credit Agreement (Roundy's, Inc.)

Borrowing Procedure. To In order to request a Revolving Borrowing (other than a Swingline Loan or Term Borrowinga deemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.03 shall not apply), the Borrower shall deliver, by hand delivery or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Request for Credit Extension to notify the Administrative Agent of such request by telephone (ia) in the case of a Eurodollar Borrowing, not later than 1:00 p.m.12:00 noon, New York City time, two Business Days before a Borrowing to occur on the Closing Date and three Business Days before the date of the a proposed Borrowing to occur on any date thereafter, and (or, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (iib) in the case of an ABR Borrowing, not later than 1:00 p.m.12:00 noon, New York City time, on the date of the one Business Day before a proposed Borrowing. Each such telephonic Borrowing Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable irrevocable, and shall be confirmed promptly by hand delivery or fax to the Administrative Agent of a written Borrowing Request and shall specify the following information in compliance with Section 2.02information: (ai) whether the Borrowing then being requested is to be a Term Borrowing, a Revolving Credit Borrowing or an Incremental Term Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing (provided that, until the Administrative Agent shall have notified the Borrower that the primary syndication of Revolving Loans or Term Loansthe Commitments has been completed (which notice shall be given as promptly as practicable and, in any event, within 15 Business Days after the Closing Date), the Borrower shall not be permitted to request a Eurodollar Borrowing with an Interest Period longer than one month); (b) the aggregate amount of such Borrowing; (cii) the date of such Borrowing, Borrowing (which shall be a Business Day); (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”; (fiii) the number and location and number of the Borrower’s account to which funds are to be disbursed; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, which the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements of Section 2.02(c) and (g) if and to the extent required under Section 4.01, that the conditions set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the notice2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any requested Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, the The Administrative Agent shall promptly advise each Lender the applicable Lenders of any notice given pursuant to this Section 2.03 (and the details thereof contents thereof), and of the amount of such each Lender’s Loan to be made as part portion of the requested Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (CGG Veritas), Credit Agreement (CGG Veritas)

Borrowing Procedure. To request a Revolving Borrowing or Term Borrowing, the Lead Borrower shall deliver, notify the Administrative Agent of such request by hand delivery telecopy or facsimile electronic transmission (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Request for Credit Extension to the Administrative Agent which approval shall not be unreasonably withheld, conditioned or delayed) or telephone (promptly confirmed by telecopy or electronic transmission) (i) in the case of a Eurodollar BorrowingBorrowing of LIBO Rate Loans, not later than 1:00 p.m., New York City time, three Business Days before the date of the proposed Borrowing (or, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (ii) in the case of an ABR Borrowinga Borrowing of Base Rate Loans (other than Swingline Loans), not later than 1:00 p.m., New York City time, on the date of the proposed Borrowing. Notwithstanding the foregoing, if Lead Borrower wishes to request LIBO Rate Loans having an Interest Period other than one, two, three or six months in duration, or less than one month in duration with the consent of the Administrative Agent, in each case as provided in the definition of “Interest Period,” the applicable notice must be received by the Administrative Agent not later than 11:00 a.m. four Business Days before the date of the proposed Borrowing having an Interest Period other than one, two, three or six months in duration, whereupon the Administrative Agent shall give prompt notice to each applicable Lender whose consent is required with a relevant Revolving Commitment of such request and determine whether the requested Interest Period is acceptable to all of them. Not later than 11:00 a.m., three Business Days before the proposed date of such Borrowing having an Interest Period other than one, two, three or six months in duration, the Administrative Agent shall notify Lead Borrower (which notice may be by telephone) whether or not the requested Interest Period has been consented to by such Lenders or the Administrative Agent, as applicable. Each Request for Credit Extension for a Revolving Loan or a Term Loan such telephonic Notice of Borrowing shall be irrevocable irrevocable, subject to Sections 2.09, 3.01 and 3.05, and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Notice of Borrowing, appropriately completed and signed by Lead Borrower. Each such telephonic and written Notice of Borrowing shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such Borrowing; (c) the date of such Borrowing, which shall be a Business Day; (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”; (f) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.02(c) and (g) if and to the extent required under Section 4.01, that the conditions set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the notice. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any requested Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.:

Appears in 2 contracts

Samples: Revolving Credit Agreement (VERRA MOBILITY Corp), Revolving Credit Agreement (VERRA MOBILITY Corp)

Borrowing Procedure. To request In order to effect a Revolving Borrowing or Term Borrowing, the Borrower shall deliver, by hand delivery deliver or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Request for Credit Extension telecopy to the Administrative Agent a Borrowing Request in the form of Exhibit E (ia) in the case of a Eurodollar LIBOR Borrowing, not later than 1:00 p.m.12:00 (noon), New York City time, three Business Days before the date of the a proposed Borrowing Borrowing, and (or, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (iib) in the case of an ABR Borrowing, not later than 1:00 p.m.12:00 (noon), New York City time, on the date day of the a proposed Borrowing. Each Such Borrowing Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable and shall in each case specify the following information in compliance with Section 2.02: (a) whether the Borrowing then being requested Borrowing is to be a LIBOR Borrowing of Revolving Loans or Term Loans; an ABR Borrowing, (b) the aggregate amount of such Borrowing; (c) the date of such Borrowing, Borrowing (which shall be a Business Day; ) and the amount thereof and (dc) whether if such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar LIBOR Borrowing, the initial Interest Period to be applicable with respect thereto, which shall be a period contemplated by the definition of “Interest Period”; (f) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.02(c) and (g) if and to the extent required under Section 4.01, that the conditions set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the notice. If no election as to the Interest Rate Type of a Borrowing is specified in any such noticeBorrowing Request, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any requested Eurodollar LIBOR Borrowing is specified in any such noticeBorrowing Request, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Promptly following receipt of If the Borrower shall not have given a Borrowing Request for Credit Extension in accordance with this Section 2.032.5 of its election to refinance a Borrowing prior to the end of the Interest Period in effect for such Borrowing, then the Borrower shall (unless such Borrowing is repaid at the end of such Interest Period) be deemed to have given notice of an election to refinance such Borrowing with an ABR Borrowing. The Administrative Agent shall promptly advise each Lender the Lenders of the details thereof any notice given pursuant to this Section 2.5 and of the amount of such each Lender’s Loan to be made as part 's portion of the requested Borrowing.

Appears in 2 contracts

Samples: Term Loan Agreement (Cendant Corp), Term Loan Agreement (Cendant Corp)

Borrowing Procedure. To In order to request a Revolving Borrowing (other than a Competitive Borrowing or Term Borrowinga Swingline Loan, as to which this Section 2.04 shall not apply), the Borrower or the UK Borrower, as applicable, shall deliverdeliver by hand, by hand delivery telecopy or facsimile other writing transmitted electronically (or transmit by other electronic transmission, if arrangements for doing so have been approved including in writing by the Administrative Agent), form of a duly completed and executed Request for Credit Extension .pdf attachment) to the Administrative Agent a duly completed Borrowing Request (ia) in the case of a Eurodollar Eurocurrency Borrowing, not later than 1:00 p.m.10:30 a.m., New York City time, three Business Days before the date of the a proposed Borrowing and (or, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (iib) in the case of an ABR Borrowing, not later than 1:00 p.m.10:30 a.m., New York City time, on the date day of a proposed Borrowing (or, in the proposed Borrowingcase of an ABR Borrowing by the UK Borrower, not later than 10:00 a.m., New York time). Each Borrowing Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable irrevocable, signed by an Authorized Representative, and shall specify the following information in compliance with Section 2.02information: (ai) whether the requested Borrowing is a Domestic Loan or a Multicurrency Loan requested by the Borrower and, if a Multicurrency Loan, the identity of the borrower; (ii) with respect to Borrowings by the Borrower, or with respect to Dollar denominated Borrowings by the UK Borrower, whether the Borrowing then being requested is to be a Eurocurrency Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such an ABR Borrowing; (ciii) the date of such Borrowing, Borrowing (which shall be a Business Day); (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”; (fiv) the number and location and number of the Borrower’s account to which funds are to be disbursed, disbursed (which shall comply be an account that complies with the requirements of Section 2.02(c)); (v) the amount of such Borrowing; (vi) if such Borrowing is to be a Eurocurrency Borrowing, the Interest Period with respect thereto; and (gvii) if and with respect to Borrowings by the extent required under Section 4.01UK Borrower, that the conditions Available Currency of such Revolving Loan; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the notice2.02. If no election as to the Type of Borrowing is specified in any such noticenotice by the Borrower or the UK Borrower with respect to Dollar denominated Loans, then the requested Borrowing shall be an ABR Borrowing; if no election as to the Type of Borrowing is specified in any such notice by the UK Borrower with respect to non-Dollar denominated Loans, then the requested Borrowing shall be a Eurocurrency Borrowing with an Interest Period of one month’s duration. If no Interest Period with respect to any requested Eurodollar Eurocurrency Borrowing is specified in any such notice, then the Borrower Borrower, or the UK Borrower, as the case may be, shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, the The Administrative Agent shall promptly advise each Lender the Lenders of any notice given pursuant to this Section 2.04 (and the details thereof contents thereof), and of the amount of such each Lender’s Loan to be made as part portion of the requested Borrowing.

Appears in 2 contracts

Samples: www.sec.gov, Raytheon Co/

Borrowing Procedure. To In order to request a Revolving Borrowing (other than a deemed Borrowing pursuant to Section 2.02(f) or Term Borrowinga Borrowing of Swing Line Loans under Section 2.23 as to which this Section 2.03 shall not apply), the Borrower shall deliver, by hand delivery or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Request for Credit Extension to notify the Administrative Agent of such request (ia) in the case of a Eurodollar Borrowing, not later than 1:00 p.m.12:00 (noon), New York City time, three (3) Business Days before the date of the a proposed Borrowing Borrowing, and (or, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (iib) in the case of an ABR Borrowing, not later than 1:00 p.m.12:00 (noon), New York City time, on the Business Day prior to the requested date of the a proposed Borrowing. Each such Borrowing Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable irrevocable, shall be in the form of a written Borrowing Request delivered by hand or fax to the Administrative Agent and shall specify the following information in compliance with Section 2.02information: (ai) whether the Borrowing then being requested is to be a Revolving Credit Borrowing, a Tranche A-1 Borrowing, a Tranche A-2 Borrowing, a Refinancing Revolving Loan Borrowing, a Refinancing Term Loan Borrowing or an Incremental Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such an ABR Borrowing; (cii) the date of such Borrowing, Borrowing (which shall be a Business Day); (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”; (fiii) the number and location and number of the Borrower’s account to which funds are to be disbursed; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, which the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements of Section 2.02(c) and (g) if and to the extent required under Section 4.01, that the conditions set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the notice2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any requested Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, the The Administrative Agent shall promptly advise each Lender the applicable Lenders of any notice given pursuant to this Section 2.03 (and the details thereof contents thereof), and of the amount of such each Lender’s Loan to be made as part portion of the requested Borrowing.

Appears in 2 contracts

Samples: Credit Agreement, Credit Agreement (Enviva Partners, LP)

Borrowing Procedure. To In order to request a Revolving Borrowing or Term Borrowing(other than a deemed Borrowing pursuant to Section 2.02(f), the Borrower as to which this Section 2.03 shall deliver, by hand delivery or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agentnot apply), a duly completed and executed Request for Credit Extension Borrower shall hand deliver or telecopy to the Administrative Agent a duly completed Borrowing Request (ia) in the case of a Eurodollar Borrowing, not later than 1:00 p.m.11:00 a.m., New York City time, three Business Days before the date of the a proposed Borrowing Borrowing, and (or, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (iib) in the case of an ABR Borrowing, not later than 1:00 p.m.12:00 noon, New York City time, on the date of the one Business Day before a proposed Borrowing. Each Borrowing Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable irrevocable, shall be signed by or on behalf of the applicable Borrower and shall specify the following information in compliance with Section 2.02information: (ai) whether the Borrowing then being requested is to be a Refinancing Revolving Facility Borrowing or an Additional Revolving Facility Borrowing and whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing, PROVIDED that any Borrowing on the Closing Date shall be an ABR Borrowing comprised solely of Refinancing Revolving Loans or Term Loans; (b) the aggregate amount of such Borrowing; (cii) the date of such Borrowing, Borrowing (which shall be a Business Day; ), (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”; (fiii) the number and location and number of the Borrower’s account to which funds are to be disbursed, disbursed (which shall comply be an account that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing; and (gv) if and such Borrowing is to be a Eurodollar Borrowing, the extent required under Section 4.01Interest Period with respect thereto; PROVIDED, that HOWEVER, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the conditions requirements set forth in clauses (a) and (b) Section 2.02. In the case of an Additional Revolving Facility Borrowing, the Parent Borrower shall also deliver each applicable document specified in Section 4.01 are satisfied as of the date of the notice4.03. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any requested Eurodollar Borrowing is specified in any such notice, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, the The Administrative Agent shall promptly advise each Lender the Lenders of any notice given pursuant to this Section 2.03 (and the details thereof contents thereof), and of the amount of such each Lender’s Loan to be made as part 's portion of the requested Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (Magellan Health Services Inc), Credit Agreement (Magellan Health Services Inc)

Borrowing Procedure. To In order to request a Revolving Borrowing (other than a Swingline Loan or Term Borrowinga deemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.03 shall not apply), the Borrower shall deliver, by hand delivery deliver or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by telecopy to the Administrative Agent), Paying Agent a duly completed and executed Borrowing Request for Credit Extension to the Administrative Agent (ia) in the case of a Eurodollar Borrowing, not later than 1:00 p.m.11:00 a.m., New York City time, three Business Days before the date of the a proposed Borrowing Borrowing, and (or, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (iib) in the case of an ABR a Base Rate Borrowing, not later than 1:00 p.m.11:00 a.m., New York City time, on the date Business Day of the a proposed Borrowing. Each Borrowing Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable irrevocable, shall be signed by or on behalf of the Borrower and shall specify the following information in compliance with Section 2.02information: (ai) whether the Borrowing then being requested is to be a Term Borrowing or a Revolving Credit Borrowing, whether such Borrowing is to be a Eurodollar Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such Borrowing; (c) the date of such Borrowing, which shall be a Business Day; (d) Base Rate Borrowing and whether such Borrowing is to be an ABR Borrowing or a Eurodollar Acquisition Borrowing; (eii) in the case date of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, such Borrowing (which shall be a period contemplated by the definition of “Interest Period”; Business Day), (fiii) the number and location and number of the Borrower’s account to which funds are to be disbursed, disbursed (which shall comply be an account that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing; and (gv) if and such Borrowing is to be a Eurodollar Borrowing, the extent required under Section 4.01Interest Period with respect thereto; provided, that however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the conditions requirements set forth in clauses (a) Section 2.02. Any request for a Term Borrowing by the Borrower shall be allocated between the Tranche A Commitments and (b) the Tranche B Commitments pro rata in accordance with the aggregate unused amounts of Section 4.01 are satisfied as of the date of the noticesuch Commitments. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR a Base Rate Borrowing. If no Interest Period with respect to any requested Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Promptly following receipt The Paying Agent shall promptly advise the applicable Lenders of a Request for Credit Extension in accordance with any notice given pursuant to this Section 2.032.03 (and the contents thereof), the Administrative Agent shall advise each Lender of the details thereof and of the amount of such each Lender’s Loan to be made as part 's portion of the requested Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (Pacificorp /Or/), Credit Agreement (Pacificorp /Or/)

Borrowing Procedure. To In order to request a Revolving Borrowing (other than a Swingline Loan or Term Borrowinga deemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.03 shall not apply), the Borrower shall deliver, by hand delivery deliver or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Request for Credit Extension telecopy to the Administrative Agent a duly completed Borrowing Request (ia) in the case of a Eurodollar Borrowing, not later than 1:00 p.m.12:00 (noon), New York City time, three Business Days before the date of the a proposed Borrowing Borrowing, and (or, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (iib) in the case of an ABR Borrowing, not later than 1:00 p.m.11:00 a.m., New York City time, on the date Business Day of the a proposed Borrowing. Each Borrowing Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable irrevocable, shall be signed by or on behalf of the Borrower and shall specify the following information in compliance with Section 2.02information: (ai) whether the Borrowing then being requested is to be a Tranche A Term Borrowing, a Tranche B Term Borrowing or a Revolving Credit Borrowing, and, subject to the second sentence of Section 2.02(b), whether such Borrowing is to be a Eurodollar Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such an ABR Borrowing; (cii) the date of such Borrowing, Borrowing (which shall be a Business Day; ), (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”; (fiii) the number and location and number of the Borrower’s account to which funds are to be disbursed, disbursed (which shall comply be an account that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing; and (gv) if and such Borrowing is to be a Eurodollar Borrowing, the extent required under Section 4.01Interest Period with respect thereto; provided, that however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the conditions requirements set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the notice2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any requested Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, the The Administrative Agent shall promptly advise each Lender the applicable Lenders of any notice given pursuant to this Section 2.03 (and the details thereof contents thereof), and of the amount of such each Lender’s Loan to be made as part 's portion of the requested Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (King Pharmaceuticals Inc), Credit Agreement (King Pharmaceuticals Inc)

Borrowing Procedure. To In order to request a Revolving Borrowing (other than a Swingline Loan or Term Borrowinga deemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.03 shall not apply), the Borrower shall deliver, by hand delivery or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Request for Credit Extension to notify the Administrative Agent of such request by telephone (ia) in the case of a Eurodollar Borrowing, not later than 1:00 p.m., New York City time, three Business Days before the date of the a proposed Borrowing Borrowing, and (or, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (iib) in the case of an ABR Borrowing, not later than 1:00 p.m., New York City time, on the date of the one Business Day before a proposed Borrowing. Each such telephonic Borrowing Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable irrevocable, and shall be confirmed promptly by hand delivery or fax to the Administrative Agent of a written Borrowing Request and shall specify the following information in compliance with Section 2.02information: (ai) whether the Borrowing then being requested is to be a Term Borrowing or a Revolving Credit Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such an ABR Borrowing; (cii) the date of such Borrowing, Borrowing (which shall be a Business Day); (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”; (fiii) the number and location and number of the Borrower’s account to which funds are to be disbursed; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, which the Interest Period with respect thereto; provided, however, that notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements of Section 2.02(c) and (g) if and to the extent required under Section 4.01, that the conditions set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the notice2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR a Eurodollar Borrowing. If no Interest Period with respect to any requested Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, the The Administrative Agent shall promptly advise each Lender the applicable Lenders of any notice given pursuant to this Section 2.03 (and the details thereof contents thereof), and of the amount of such each Lender’s Loan to be made as part portion of the requested Borrowing.

Appears in 2 contracts

Samples: Intercreditor Agreement (Hawkeye Holdings, Inc.), First Lien Credit Agreement (Hawkeye Holdings, Inc.)

Borrowing Procedure. To request a Revolving (a) The Borrower may borrow under the Commitment during the Commitment Period on any Business Day, provided that no more than one borrowing may be made hereunder during any of the successive one-month periods following the Initial Borrowing or Term BorrowingDate (other than the first such one-month period, the Borrower shall deliver, by hand delivery or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agentduring which up to two borrowings may be made hereunder), a duly completed and executed Request for Credit Extension to the Administrative Agent . Borrowings hereunder on any Borrowing Date may be made (i) in cash in accordance with the case provisions of subsection 2.2(b) (a "Cash Advance") and/or (ii) by means of a Eurodollar Borrowingcredit against amounts due to the Vendor under the Vendor Procurement Contract in accordance with the provisions of subsection 2.2(c) (a "Credit Advance"). The Borrower shall deliver to the Agent a Borrowing Notice, not later than which must be received by the Agent prior to 1:00 p.m.P.M., New York City time, (a) three Business Days before prior to the date requested Borrowing Date, if all or any part of the proposed Loans requested to be made on any Borrowing Date are to be initially Eurodollar Loans, or (orb) one Business Day prior to the requested Borrowing Date, in otherwise, and which must specify (i) the case requested Borrowing Date, (ii) the amount to be borrowed, (iii) whether the borrowing is to be by means of a Cash Advance, a Credit Advance or a combination thereof and, if a combination thereof, the respective amounts of each, (iv) whether the borrowing is to be of Eurodollar Loans, ABR Loans or a combination thereof and, if a combination thereof, the respective amounts of each and (v) if the borrowing is to be entirely or partly of Eurodollar Loans, the amounts of such Type of Loan and the respective lengths of the initial extension of credit Interest Periods therefor; provided, that a Borrowing Notice requesting a Cash Advance on any Borrowing Date must be received by the Closing Date, one Agent at least (A) three Business Day before) or (ii) in the case of an ABR Borrowing, not later than 1:00 p.m., New York City time, on the date of the proposed Borrowing. Each Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable and shall specify the following information in compliance with Section 2.02: (a) whether Days prior to the requested Borrowing is to be a Borrowing of Revolving Loans or Term Loans; (b) Date, in any case where the aggregate amount of such Borrowing; the requested Cash Advance is $50,000,000 or less or (cB) the date of such Borrowing, which shall be a seven Business Day; (d) whether such Borrowing is Days prior to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”; (f) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.02(c) and (g) if and to the extent required under Section 4.01, that the conditions set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the notice. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any requested Eurodollar Borrowing is specified Date, in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, the Administrative Agent shall advise each Lender of the details thereof and of case where the amount of such Lender’s Loan the requested Cash Advance is greater than $50,000,000 and provided, further, that in no amount may the amount of any Cash Advance requested to be made as part on any Borrowing Date exceed $500,000,000. Notwithstanding the foregoing, the Vendor shall have the right, upon giving the Borrower not less than 60 days prior written notice, to require that the Borrower request Cash Advances to finance amounts previously paid by the Borrower (other than with the proceeds of Loans) under invoices submitted to the requested BorrowingBorrower by the Vendor pursuant to the Vendor Procurement Contract.

Appears in 2 contracts

Samples: Credit Agreement (Sprint Spectrum L P), Credit Agreement (Sprint Spectrum L P)

Borrowing Procedure. To In order to request a Revolving Borrowing or Term Borrowing, the Borrower shall deliver, by hand delivery deliver or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Request for Credit Extension telecopy to the Administrative Agent a duly completed Borrowing Request substantially in the form of Exhibit B (ia) in the case of a Eurodollar Borrowing, not later than 1:00 p.m.12:00 (noon), New York City time, three Business Days before the date of the a proposed Borrowing Borrowing, and (or, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (iib) in the case of an ABR Borrowing, not later than 1:00 p.m.12:00 noon, New York City time, one Business Day before a proposed Borrowing; provided, however, that Borrowing Requests with respect to Borrowings to be made on the date Closing Date may, at the discretion of the proposed BorrowingAdministrative Agent, be delivered later than the times specified above. Each Borrowing Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable irrevocable, shall be signed by or on behalf of the Borrower and shall specify the following information in compliance with Section 2.02information: (ai) whether the Borrowing then being requested is to be a Term Borrowing or a Revolving Credit Borrowing (and in the case of a Term Borrowing the Commitments pursuant to which the Loans comprising such Borrowing are to be made), and whether such Borrowing is to be a Eurodollar Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such an ABR Borrowing; (cii) the date of such Borrowing, Borrowing (which shall be a Business Day); (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (eiii) in the case of a Eurodollar BorrowingBorrowing the proceeds of which are to be received by the Borrower, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”; (f) the number and location and number of the Borrower’s account to which funds are to be disbursed, disbursed (which shall comply be an account that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing; and (gv) if and such Borrowing is to be a Eurodollar Borrowing, the extent required under Section 4.01Interest Period with respect thereto; provided, that however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the conditions requirements set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the notice2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any requested Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Promptly following receipt The Administrative Agent shall promptly (and in any event on the same day that the Administrative Agent receives such notice, if received by 1:00 p.m., New York City time, on such day) advise the applicable Lenders of any notice given pursuant to this Section 2.03 and of each Lender's portion of the requested Borrowing. If the Borrower shall not have delivered a Borrowing Request for Credit Extension in accordance with this Section 2.032.03 prior to the end of the Interest Period then in effect for any Revolving Credit Borrowing requesting that such Borrowing be refinanced, then the Borrower shall (unless the Borrower has notified the Administrative Agent shall advise each Lender of Agent, not less than three Business Days prior to the details thereof and of the amount end of such Lender’s Loan Interest Period, that such Borrowing is to be made as part repaid at the end of the requested such Interest Period) be deemed to have delivered a Borrowing Request requesting that such Borrowing be refinanced with a new Borrowing of equivalent amount, and such new Borrowing shall be an ABR Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (Graham Packaging Holdings Co), Credit Agreement (Graham Packaging Holdings Co)

Borrowing Procedure. To In order to request a Revolving Borrowing (other than a Swingline Dollar Borrowing or Term Borrowinga deemed Borrowing pursuant to Section 2.2(f), as to which this Section 2.3 shall not apply), the applicable Borrower shall deliver, by hand delivery or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Request for Credit Extension Company on behalf of such Borrower) shall hand deliver or telecopy to the Administrative Agent a duly completed Borrowing Request (ior telephone the Administrative Agent, promptly confirmed with a written and duly completed Borrowing Request) (a) in the case of a Eurodollar Eurocurrency Borrowing, not later than 1:00 p.m.12:00 (noon), New York City time, three Business Days before the date of the a proposed Borrowing Borrowing, and (or, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (iib) in the case of an ABR Borrowing, not later than 1:00 p.m., New York City time, on the date of the one Business Day before a proposed Borrowing. Each Borrowing Request for Credit Extension for (including a Revolving Loan or a Term Loan telephonic Borrowing Request) shall be irrevocable irrevocable, shall be signed by or on behalf of the applicable Borrower (or by the Company on behalf of such Borrower) and shall specify the following information in compliance with Section 2.02information: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such Borrowing; (c) the date of such Borrowing, which shall be a Business Day; (di) whether such Borrowing is to be a Dollar Borrowing or an Alternative Currency Borrowing (and the relevant currency and amount thereof); (ii) if such Borrowing is to be denominated in dollars, whether it is to be a Eurocurrency Borrowing or an ABR Borrowing or a Eurodollar Borrowing; (eiii) in the case date of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, such Borrowing (which shall be a period contemplated by the definition of “Interest Period”Business Day); (fiv) the number and location and number of the Borrower’s account to which funds are to be disbursed; (v) the amount of such Borrowing (which shall be specified in dollars if a Dollar Borrowing, which and in the relevant Alternative Currency, if an Alternative Currency Borrowing); (vi) subject to the limitations of Section 2.1 and Section 2.22, the currency of such Borrowing; (vii) if such Borrowing is to be a Eurocurrency Borrowing, the initial Interest Period with respect thereto; and (viii) whether such Borrowing is a Swingline Borrowing or a Revolving Borrowing; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements of Section 2.02(c) and (g) if and to the extent required under Section 4.01, that the conditions set forth in clauses (a) and (b) Section 2.2 and, as applicable, Section 2.22. If no election as to the currency of Section 4.01 are satisfied as of Borrowing is specified in any such notice, then the date of the noticerequested Borrowing shall be denominated in dollars. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing if denominated in dollars or a Eurocurrency Borrowing if denominated in an Alternative Currency. If no indication is given whether such Borrowing is for a Swingline Borrowing or a Revolving Borrowing, such request shall be deemed to be for a Revolving Borrowing. If no Interest Period with respect to any requested Eurodollar Eurocurrency Borrowing is specified in any such notice, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Promptly following receipt The Administrative Agent shall promptly advise the applicable Lenders of a Request for Credit Extension any notice given pursuant to this Section 2.3 (and the contents thereof), of each Lender's portion of the requested Borrowing and the account to which Loans made in connection with the requested Borrowing are to be wired. Each Borrower (other than the Company) hereby irrevocably authorizes the Company to sign all Borrowing Requests on behalf of such Borrower Subsidiary. The Company shall provide concurrent notice to the Swingline Lender (if the Swingline Lender is different than the Administrative Agent) of any requests made in accordance with this Section 2.03, 2.3 to the Administrative Agent shall advise each Lender in respect of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested BorrowingSwingline Loans.

Appears in 2 contracts

Samples: Credit Agreement (Conexant Systems Inc), Credit Agreement (Conexant Systems Inc)

Borrowing Procedure. To request In order to effect a Revolving Borrowing or Term Borrowing, the Borrower shall deliver, by hand delivery deliver or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Request for Credit Extension telecopy to the Administrative Agent a Borrowing notice in the form of Exhibit E (ia) in the case of a Eurodollar LIBOR Borrowing, not later than 1:00 p.m.12:00 Noon, New York City time, three Business Days before the date of the a proposed Borrowing Borrowing, and (or, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (iib) in the case of an ABR Borrowing, not later than 1:00 p.m.12:00 Noon, New York City time, on the date day of the a proposed Borrowing. Each Request for Credit Extension for a Revolving Loan or a Term Loan Such notice shall be irrevocable and shall in each case specify the following information in compliance with Section 2.02: (a) whether the Borrowing then being requested Borrowing is to be a LIBOR Borrowing of Revolving Loans or Term Loans; an ABR Borrowing, (b) the aggregate amount of such Borrowing; (c) the date of such Borrowing, Borrowing (which shall be a Business Day; ) and the amount thereof and (dc) whether if such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar LIBOR Borrowing, the initial Interest Period to be applicable with respect thereto, which shall be a period contemplated by the definition of “Interest Period”; (f) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.02(c) and (g) if and to the extent required under Section 4.01, that the conditions set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the notice. If no election as to the Interest Rate Type of a Borrowing is specified in any such noticeBorrowing Request, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any requested Eurodollar LIBOR Borrowing is specified in any such noticeBorrowing Request, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of If the Borrower shall not have given a Borrowing Request for Credit Extension in accordance with this Section 2.032.3 of its election to refinance a Borrowing prior to the end of the Interest Period in effect for such Borrowing, then the Borrower shall (unless such Borrowing is repaid at the end of such Interest Period) be deemed to have given notice of an election to refinance such Borrowing with a LIBOR Borrowing of one month’s duration (or at any time after the occurrence, and during the continuation, of a Default or an Event of Default, an ABR Borrowing). The Administrative Agent shall promptly advise each Lender the Lenders of the details thereof any notice given pursuant to this Section 2.3 and of the amount of such each Lender’s Loan to be made as part portion of the requested Borrowing.

Appears in 2 contracts

Samples: Interim Term Loan Agreement (Realogy Corp), Interim Term Loan Agreement (Wyndham Worldwide Corp)

Borrowing Procedure. To In order to request a Revolving Borrowing (other than a Swingline Loan, pursuant to Section 2.02(g) or, if applicable, pursuant to Section 2.26 or Term BorrowingSection 2.27, in each case as to which this Section 2.03 shall not apply), the Borrower shall deliver, by hand delivery or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Request for Credit Extension to notify the Administrative Agent of such request by telephone (ia) in the case of a Eurodollar SOFR Borrowing, not later than 1:00 p.m., New York City time, three p.m. 3 U.S. Government Securities Business Days before the date of the a proposed Borrowing Borrowing, (or, b) in the case of the initial extension of credit on the Closing Datea EURIBOR Borrowing or XXXXX Borrowing, one not later than 1:00 p.m. 4 Business Day before) or Days before a proposed Borrowing, (iic) in the case of an ABR Borrowing, not later than 1:00 p.m., New York City time, 11:00 a.m. on the date of the a proposed Borrowing. Each Request for Credit Extension for , (d) in the case of a Revolving Loan or a Term Loan shall be irrevocable and shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is Canadian Prime Rate Borrowing, not later than 1:00 p.m. one Business Day prior to be a Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such Borrowing; (c) the date of such Borrowing, which shall be a Business Day; (d) whether such proposed Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; and (e) in the case of a Eurodollar XXXXX Borrowing, not later than 1:00 p.m. three Business Days prior to the initial Interest Period date of a proposed Borrowing. Each such telephonic request shall be irrevocable, shall be confirmed promptly by hand delivery or fax to the Administrative Agent of a written Borrowing Request and shall specify the following information: (i) the relevant Class of such Borrowing and whether such Borrowing is to be applicable theretoa SOFR Borrowing, a EURIBOR Borrowing, a XXXXX Borrowing, an ABR Borrowing, a Canadian Prime Rate Borrowing or a XXXXX Borrowing; (ii) the date of such Borrowing (which shall be a period contemplated by the definition of “Interest Period”Business Day); (fiii) the number and location and number of the Borrower’s account to which funds are to be disbursed; (iv) the amount of such Borrowing (stated in the relevant Available Currency); and (v) if such Borrowing is to be a SOFR Borrowing, which EURIBOR Borrowing or a XXXXX Borrowing, the Interest Period with respect thereto; provided, however, that notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements of Section 2.02(c) and (g) if and to the extent required under Section 4.01, that the conditions set forth in clauses (a) Section 2.02; it being understood and (b) of agreed that in order to request a Borrowing pursuant this Section 4.01 are satisfied 2.03, the Borrower needs only have delivered a written Borrowing Request. Except as of the date of the notice. If otherwise provided in Section 2.10(b), if no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be (i) in the case of US Dollar-Denominated Loans, an ABR Borrowing and (ii) in the case of Canadian Dollar-Denominated Loans, a Canadian Prime Rate Borrowing. If no Interest Period with respect to any requested Eurodollar SOFR Borrowing, EURIBOR Borrowing or XXXXX Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one 1 month’s duration. Promptly following receipt A Borrowing denominated in Sterling shall at all times be a XXXXX Borrowing (subject to the last sentence of the definition of “Daily Simple XXXXX”). A Borrowing denominated in Euro shall at all times be a Request for Credit Extension in accordance with this Section 2.03, EURIBOR Borrowing (subject to clause (b) of the definition of “EURIBOR Rate”). The Administrative Agent shall promptly advise each Lender the applicable Lenders of any notice given pursuant to this Section 2.03 (and the details thereof contents thereof), and of the amount of such each Lender’s Loan to be made as part portion of the requested Borrowing.

Appears in 1 contract

Samples: Intercreditor Agreement (Dayforce, Inc.)

Borrowing Procedure. To In order to request a Revolving Borrowing (other than an Offered Rate Borrowing or Term Borrowinga deemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.03 shall not apply), the applicable Borrower shall deliver, by hand delivery deliver or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Request for Credit Extension telecopy to the Administrative Agent a duly completed Borrowing Request (ia) in the case of a Domestic Eurodollar Borrowing, at its offices in New York City not later than 1:00 p.m., New York City time, three Business Days before the date of the proposed Borrowing Borrowing, (or, b) in the case of a Foreign Revolving Borrowing, at its offices in Hong Kong and New York City not later than 11:00 a.m., Hong Kong time, three Business Days before the initial extension of credit on the Closing Date, one Business Day before) or proposed Borrowing and (iic) in the case of an ABR Borrowing, at its offices in New York City not later than 1:00 p.m., 12:30 p.m. New York City time, on the date of time one Business Day before the proposed Borrowing. Each Borrowing Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable irrevocable, shall be signed by or on behalf of the applicable Borrower requesting such Borrowing and shall specify the following information in compliance with Section 2.02information: (ai) the Borrower requesting such Borrowing; (ii) in the case of a Domestic Borrowing, whether the Borrowing then being requested Borrowing is to be a Eurodollar Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such an ABR Borrowing; (ciii) the date of such Borrowing, Borrowing (which shall be a Business Day; ), (div) whether such the Borrowing then being requested is to be an ABR a Domestic Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Foreign Revolving Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”; (fv) the number and location and number of the Borrower’s account to which funds are to be disbursed, disbursed (which shall comply be an account that complies with the requirements of Section 2.02(c)); (vi) the amount of such Borrowing; and (gvii) if and such Borrowing is to be a Eurodollar Borrowing, the extent required under Section 4.01Interest Period with respect thereto; provided, that however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the conditions requirements set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the notice2.02. If no election as to the Type of Borrowing is specified in any such noticenotice in the case of a Domestic Borrowing, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any requested Eurodollar Borrowing is specified in any such notice, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, the The Administrative Agent shall promptly advise each Lender the Lenders of any notice given pursuant to this Section 2.03 (and the details thereof contents thereof), and of the amount of such each Lender’s Loan to be made as part 's portion of the requested Borrowing. The Thai Borrower shall not be permitted to request Revolving Credit Borrowings.

Appears in 1 contract

Samples: Credit Agreement (International Manufacturing Services Inc)

Borrowing Procedure. To In order to request a Revolving Borrowing (other than a Swingline Loan or Term Borrowinga deemed Borrowing pursuant to Section 2.22(e), as to which this Section 2.3 shall not apply), the Borrower shall deliver, by hand delivery deliver or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Request for Credit Extension fax to the Administrative Agent a duly completed Borrowing Request (ia) in the case of a Eurodollar Borrowing, not later than 1:00 p.m.11:00 a.m., New York City time, three Business Days before the date of the a proposed Borrowing Borrowing, and (or, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (iib) in the case of an ABR Borrowing, not later than 1:00 p.m.10:00 a.m., New York City time, on the date day of the a proposed Borrowing. Each Borrowing Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable irrevocable, shall be signed by or on behalf of the Borrower and shall specify the following information in compliance with Section 2.02information: (ai) whether the Borrowing then being requested is to be a Term Loan Borrowing, an Incremental Term Loan Borrowing or a Revolving Credit Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such an ABR Borrowing; (cii) the date of such Borrowing, Borrowing (which shall be a Business Day); (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”; (fiii) the number and location and number of the Borrower’s account to which funds are to be disbursed; (iv) the amount of such Borrowing; (v) if such Borrowing is to be a Eurodollar Borrowing, which shall comply the Interest Period with the requirements of Section 2.02(c) respect thereto; and (gvi) if and to the extent required under Section 4.01, that the conditions set forth in clauses (aSections 4.1(b)-(c) and (b) of Section 4.01 are satisfied as of on the date of such Borrowing Request; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the noticerequirements set forth in Section 2.2. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any requested Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, the The Administrative Agent shall promptly advise each Lender the applicable Lenders of any notice given pursuant to this Section 2.3 (and the details thereof contents thereof), and of the amount of such each Lender’s Loan to be made as part portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Knoll Inc)

Borrowing Procedure. To request In order to effect a Revolving Borrowing or Term Borrowing, the Borrower shall deliver, deliver to the Administrative Agent a Borrowing Request or such other form as may be approved by hand delivery the Administrative Agent (including any form on an electronic platform or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been transmission system as shall be approved in writing by the Administrative Agent), a duly appropriately completed and executed Request for Credit Extension to signed by a Responsible Officer of the Administrative Agent Borrower (ia) in the case of a Eurodollar LIBOR Borrowing, not later than 1:00 p.m.12:00 Noon, New York City time, three Business Days before the date of the a proposed Borrowing Borrowing, and (or, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (iib) in the case of an ABR Borrowing, not later than 1:00 p.m.11:00 A.M., New York City time, on the date day of the a proposed Borrowing. Each Such Borrowing Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable and shall in each case specify the following information in compliance with Section 2.02: (a) whether the Borrowing then being requested Borrowing is to be a LIBOR Borrowing of Revolving Loans or Term Loans; an ABR Borrowing, (b) the aggregate amount of such Borrowing; (c) the date of such Borrowing, Borrowing (which shall be a Business Day; ) and the amount thereof and (dc) whether if such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar LIBOR Borrowing, the initial Interest Period to be applicable with respect thereto, which shall be a period contemplated by the definition of “Interest Period”; (f) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.02(c) and (g) if and to the extent required under Section 4.01, that the conditions set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the notice. If no election as to the Interest Rate Type of a Borrowing is specified in any such noticeBorrowing Request, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any requested Eurodollar LIBOR Borrowing is specified in any such noticeBorrowing Request, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, the The Administrative Agent shall promptly advise each Lender the applicable Lenders of the details thereof any Borrowing Request given pursuant to this Section 2.3 and of the amount of such each Lender’s Loan to be made as part portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Wyndham Worldwide Corp)

Borrowing Procedure. To In order to request a Revolving Borrowing or Term Borrowing(other than a deemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.03 shall not apply), the Borrower shall deliver, by hand delivery or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Request for Credit Extension to notify the Administrative Agent of such request by telephone (ia) in the case of a Eurodollar EurodollarSOFR Borrowing, not later than 1:00 p.m.12:00 (noon), New York City time, three Business Days before the date of the a proposed Borrowing (or, in the case of the initial extension of credit any EurodollarSOFR Borrowing to be made on the Closing Restatement Date, not later than 12:00 (noon) New York City time, one Business Day before) or prior to the Restatement Date, and (iib) in the case of an ABR Borrowing, not later than 1:00 p.m.12:00 (noon), New York City time, on the requested date of Borrowing, and (c) in the proposed case of a EURIBO Rate Borrowing or a XXXXX Xxxx Borrowing, not later than 12:00 (noon) New York City time, three Business Days prior to the requested date of such XXXXXX Xxxx Borrowing or XXXXX Xxxx Borrowing. Each such telephonic Borrowing Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable (provided that, any telephonic notification or Borrowing Request in respect of a Borrowing to be made on the Restatement Date may be revoked and/or extended by not more than 5 Business Days pending satisfaction of the conditions set out in Article IV), and shall be confirmed promptly by hand delivery or fax to the Administrative Agent of a written Borrowing Request and shall specify the following information in compliance with Section 2.02information: (ai) whether the Borrowing then being requested Borrowing is to be a EurodollarSOFR Borrowing, a EURIBO Rate Borrowing, a XXXXX Rate Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such an ABR Borrowing; (cii) the date of such Borrowing, Borrowing (which shall be a Business Day); (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”; (fiii) the number and location and number of the Borrower’s account to which funds are to be disbursed; (iv) the amount of such Borrowing; (v) if such Borrowing is to be a EurodollarSOFR Borrowing, which a EURIBO Rate Borrowing or a XXXXX Xxxx Borrowing, the Interest Period with respect thereto; and (vi) if such Borrowing is to be a EurodollarSOFR Borrowing, a EURIBO Rate Borrowing or a XXXXX Xxxx Borrowing, the currency of such Borrowing; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements of Section 2.02(c) and (g) if and to the extent required under Section 4.01, that the conditions set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the notice2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any requested Eurodollar EurodollarSOFR Borrowing, EURIBO Rate Borrowing or XXXXX Xxxx Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt If no currency with respect to a Borrowing is specified, the currency shall be in Dollars in case of an ABR Borrowing or SOFR Borrowing, and in case of a Request for Credit Extension Borrowing in accordance with this Section 2.03an Alternative Currency, the currency shall be EUR for EURIBO Rate Borrowings and Sterling for XXXXX Xxxx Borrowings. The Administrative Agent shall promptly advise each Lender the applicable Lenders of any notice given pursuant to this Section 2.03 (and the details thereof contents thereof), and of the amount of such each Lender’s Loan to be made as part portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Warner Music Group Corp.)

Borrowing Procedure. To In order to request a Revolving Borrowing (other than a Swingline Loan or Term Borrowinga deemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.03 shall not apply), the Borrower shall deliver, by hand delivery or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Request for Credit Extension to notify the Administrative Agent of such request by telephone (ia) in the case of a Eurodollar Borrowing, not later than 1:00 p.m.11:00 a.m., New York City time, three Business Days before the date of the a proposed Borrowing Borrowing, and (or, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (iib) in the case of an ABR Borrowing, not later than 1:00 p.m.12:00 noon, New York City time, on the date of the one Business Day before a proposed Borrowing. Each such telephonic Borrowing Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable irrevocable, and shall be confirmed promptly by hand delivery or fax to the Administrative Agent of a written Borrowing Request and shall specify the following information in compliance with Section 2.02information: (ai) whether the Borrowing then being requested is to be an Initial Term Loan Borrowing, a Delayed Draw Term Loan Borrowing or a Tranche A Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing (provided that (A) prior to the Term Loan Conversion Date, there shall not be more than one Eurodollar Term Loan Borrowing at any time and such Eurodollar Term Loan Borrowing must have an Interest Period of Revolving one month’s duration and (B) prior to the Term Loan Conversion Date, all Delayed Draw Term Loans or must be ABR Term Loans); (b) the aggregate amount of such Borrowing; (cii) the date of such Borrowing, Borrowing (which shall be a Business Day); (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”; (fiii) the number and location and number of the Borrower’s account to which funds are to be disbursed; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, which the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements of Section 2.02(c) and (g) if and to the extent required under Section 4.01, that the conditions set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the notice2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any requested Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, the The Administrative Agent shall promptly advise each Lender the applicable Lenders of any notice given pursuant to this Section 2.03 (and the details thereof contents thereof), and of the amount of such each Lender’s Loan to be made as part portion of the requested Borrowing.

Appears in 1 contract

Samples: First Lien Credit Agreement (Sunterra Corp)

Borrowing Procedure. To request a Revolving Borrowing or Term Borrowing, the Borrower shall deliver, give Administrative Agent notice of each Borrowing by means of a Borrowing Request Form containing the information required therein and delivered (by hand delivery or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Request for Credit Extension email) to the Administrative Agent (i) in the case of a Eurodollar Borrowing, not no later than 1:00 p.m.5:00 p.m. (New York, New York City NY time, three Business Days before the date of the proposed Borrowing (or, in the case of the initial extension of credit ) on the Closing Date, one Business Day before) or (ii) in day prior to which the case of an ABR Borrowing, not later than 1:00 p.m., New York City time, on the date of the proposed BorrowingBorrowing is desired to be funded. Each Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable and shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such Borrowing; (c) the date of such Borrowing, which shall be a Business Day; (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”; (f) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.02(c) and (g) if and to the extent required under Section 4.01, that the conditions set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the notice. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be in an ABR Borrowingamount no less than $[***] up to the Maximum Facility Amount less outstanding Borrowings. If no Interest Period Administrative Agent at its option may accept telephonic requests for such Borrowings, provided that such acceptance shall not constitute a waiver of Administrative Agent’s right to require delivery of a Borrowing Request Form in connection with respect to any requested Eurodollar subsequent Borrowings. Any telephonic request for a Borrowing is specified in any such notice, then the by Borrower shall be deemed promptly confirmed by submission of a properly completed Borrowing Request Form to Administrative Agents, but failure to deliver a Borrowing Request Form shall not be a defense to payment of the Borrowing. No Lender shall have liability to Borrower for any loss or damage suffered by Xxxxxxxx as a result of Xxxxxxx’ honoring of any requests, execution of any instructions, authorizations or agreements or reliance on any reports communicated to it telephonically, by facsimile or electronically and purporting to have selected an Interest Period of one month’s duration. Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, the been sent to Administrative Agent by Xxxxxxxx and Lenders shall advise each Lender have no duty to verify the origin of any such communication or the identity or authority of the details thereof Person sending it. Subject to the terms and conditions of the amount of such Lender’s Loan to this Agreement, each Borrowing shall be made as part available to Borrower by depositing the same, in immediately available funds, in an account of Borrower designated by Xxxxxxxx maintained with Administrative Agent at the Principal Office. If, after giving effect to a requested Borrowing, there is a Borrowing Base Deficiency, or if Administrative Agent determines (either then or on any later day in the course of reviewing the same) that the Borrowing Request Form submitted to it is incomplete or incorrect in any material respect, then Lenders shall withhold the entire Borrowing until Borrower shall have demonstrated to Administrative Agent’s reasonable satisfaction that such Borrowing Request Form is in fact not (or is no longer) incomplete or incorrect in any material respect.

Appears in 1 contract

Samples: Credit and Security Agreement (loanDepot, Inc.)

Borrowing Procedure. To In order to request a Revolving Borrowing or Term Borrowing(other than a Swingline Loan as to which this Section shall not apply), the Borrower shall deliver, by hand delivery deliver or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Request for Credit Extension fax to the Administrative Agent (ior give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 1:00 p.m., 12:00 noon (New York City time, ) three Business Days before the date of the a proposed Borrowing Borrowing, and (or, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (iib) in the case of an ABR Borrowing, not later than 1:00 p.m., 12:00 noon (New York City time, on the date of the ) one Business Day before a proposed Borrowing. Each Borrowing Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable irrevocable, shall be signed by or on behalf of the Borrower and shall specify the following information in compliance with Section 2.02information: (ai) whether the Borrowing then being requested is to be a Term Borrowing, an Incremental Term Borrowing or a Revolving Credit Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing of Revolving Loans or Term Loans; an ABR Borrowing, (b) the aggregate amount of such Borrowing; (cii) the date of such Borrowing, Borrowing (which shall be a Business Day; ), (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”; (fiii) the number and location and number of the Borrower’s account to which funds are to be disbursed, which (iv) the amount of such Borrowing, (v) if such borrowing is to be a Term Borrowing during the Delayed Draw Availability Period or an Incremental Term Borrowing, a statement as to the use of proceeds thereof, and (vi) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements of Section 2.02(c) and (g) if and to the extent required under Section 4.01, that the conditions set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the notice2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any requested Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, the The Administrative Agent shall promptly advise each Lender the applicable Lenders of any notice given pursuant to this Section (and the details thereof contents thereof), and of the amount of such each Lender’s Loan to be made as part portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Alion Science & Technology Corp)

Borrowing Procedure. To (a) In order to request a Revolving Borrowing (other than a deemed Borrowing pursuant to Section 2.02(g) or Term Borrowinga Swing Line Borrowing as to which this Section 2.03(a) shall not apply), the applicable U.S. Borrower (or the Parent Borrower on its behalf) shall hand deliver, fax or send by hand delivery or facsimile electronic communication (e-mail) (or transmit by other telephone notice promptly confirmed by a written, fax or electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agentcommunication (e-mail), a duly completed and executed Request for Credit Extension ) to the Administrative Agent a duly completed Borrowing Request (ix) in the case of a Eurodollar Eurocurrency Borrowing, not later than 1:00 p.m., New York City time, p.m. (Standard Time) three Business Days before the date of the a proposed Borrowing Borrowing, and (or, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (iiy) in the case of an ABR Borrowing, Borrowing not later than 1:00 p.m., New York City time, on the date of the p.m. (Standard Time) one Business Day before a proposed Borrowing. Each such Borrowing Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable irrevocable, shall be signed by or on behalf of a Responsible Officer of such U.S. Borrower (or the Parent Borrower on its behalf) and shall specify the following information in compliance with Section 2.02information: (ai) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term Loans; [reserved], (b) the aggregate amount of such Borrowing; (c) the date of such Borrowing, which shall be a Business Day; (dii) whether such Borrowing is to be a Eurocurrency Borrowing or an ABR Borrowing or a Eurodollar Borrowing; (eiii) in the case date of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, such Borrowing (which shall be a period contemplated by the definition of “Interest Period”Business Day); (fiv) the number and location and number of the Borrower’s account to which funds are to be disbursed, disbursed (which shall comply be an account that complies with the requirements of Section 2.02(c)); (v) the amount of such Borrowing; and (gvi) if and such Borrowing is to be a Eurocurrency Borrowing, the extent required under Section 4.01Interest Period with respect thereto; provided, that however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the conditions requirements set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the notice2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any requested Eurodollar Eurocurrency Borrowing is specified in any such notice, then the Parent Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, the The Administrative Agent shall promptly advise each Lender the Applicable Lenders of any notice given pursuant to this Section 2.03(a) (and the details thereof contents thereof), and of the amount of such each Lender’s Loan to be made as part portion of the requested Borrowing.

Appears in 1 contract

Samples: Syndicated Facility Agreement (Civeo Corp)

Borrowing Procedure. To In order to request a Revolving Borrowing or Term Borrowing, the Borrower (other than a deemed Borrowing pursuant to Section 2.02(f) as to which this Section 2.03 shall deliver, by hand delivery or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agentnot apply), a duly completed and executed Request for Credit Extension to Borrower shall notify the Administrative Agent of such request by telephone (ia) in the case of a Eurodollar BorrowingEurocurrency Borrowing denominated in Dollars, not later than 1:00 p.m.12:00 (noon), New York City time, three Business Days before the date of the a proposed Borrowing and (or, b) in the case of the initial extension of credit on the Closing Datea Eurocurrency Borrowing denominated in a Designated Foreign Currency, one not later than 12:00 (noon), New York City time, four Business Day before) or Days before a proposed Borrowing and (iic) in the case of an ABR Borrowing, not later than 1:00 p.m.12:00 (noon), New York City time, on the date of the one Business Day before a proposed Borrowing. Each such telephonic Borrowing Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable and shall be confirmed promptly by hand delivery, fax or e-mail delivery to the Administrative Agent of a written Borrowing Request and shall specify the following information in compliance with Section 2.02information: (ai) whether the Borrowing then being requested Borrowing is to be a Borrowing of U.S. Term Loans, European Term Loans, Incremental Term Loans of any other Class, Revolving Loans or Term LoansOther Revolving Loans and whether such Borrowing is to be a Eurocurrency Borrowing or an ABR Borrowing (or a FBR Borrowing); (b) the aggregate amount of such Borrowing; (cii) the date of such Borrowing, Borrowing (which shall be a Business Day); (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”; (fiii) the number and location and number of the Borrower’s account to which funds are to be disbursed; (iv) the amount and currency of such Borrowing; and (v) if such Borrowing is to be a Eurocurrency Borrowing, which the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, (x) each requested Borrowing shall comply with the requirements of Section 2.02(c) and (g) if and to the extent required under Section 4.01, that the conditions set forth in clauses (a) Section 2.02 and (by) no Borrowing may be requested to be made on the same day that a prepayment under Section 2.12 of Section 4.01 are satisfied as Loans of the date of same Class and Type the noticerequested Borrowing is scheduled to be made. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be in the case of Borrowing denominated in Dollars, an ABR Borrowing, and, in the case of a Borrowing denominated in a Designated Foreign Currency, a Eurocurrency Borrowing. If no Interest Period with respect to any requested Eurodollar Eurocurrency Borrowing is specified in any such notice, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, the The Administrative Agent shall promptly advise each Lender the applicable Lenders of any notice given pursuant to this Section 2.03 (and the details thereof contents thereof), and of the amount of such each Lender’s Loan to be made as part portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Reynolds Group Holdings LTD)

Borrowing Procedure. To In order to request a Revolving Borrowing or Term Borrowing, the Borrower shall deliver, by hand delivery or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Request for Credit Extension to notify the Administrative Agent of such request by telephone (ia) in the case of a Eurodollar Borrowing, not later than 1:00 p.m.12:00 (noon), New York City time, three Business Days before the date of the a proposed Borrowing Borrowing, and (or, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (iib) in the case of an ABR Borrowing, not later than 1:00 p.m.12:00 noon, New York City time, on the date of the one Business Day before a proposed Borrowing. Each such telephonic Borrowing Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable irrevocable, and shall be confirmed promptly by hand delivery or fax to the Administrative Agent of a written Borrowing Request and shall specify the following information in compliance with Section 2.02information: (ai) whether the Borrowing then being requested is to be a Term Borrowing, an Incremental Term Borrowing or an Incremental Revolving Loan Borrowing and whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing (provided that, until the Administrative Agent shall have notified the Borrower that the primary syndication of Revolving Loans or Term Loansthe Commitments has been completed (which notice shall be given as promptly as practicable and, in any event, within 30 days after the Closing Date), the Borrower shall not be permitted to request a Eurodollar Borrowing with an Interest Period in excess of one month); (b) the aggregate amount of such Borrowing; (cii) the date of such Borrowing, Borrowing (which shall be a Business Day); (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”; (fiii) the number and location and number of the Borrower’s account to which funds are to be disbursed; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, which the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements of Section 2.02(c) and (g) if and to the extent required under Section 4.01, that the conditions set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the notice2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any requested Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one three month’s duration. Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, the The Administrative Agent shall promptly advise each Lender the applicable Lenders of any notice given pursuant to this Section 2.03 (and the details thereof contents thereof), and of the amount of such each Lender’s Loan to be made as part portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Allegiant Travel CO)

Borrowing Procedure. To In order to request a Revolving Borrowing or Term Borrowing(other than a Swingline Loan, the Borrower as to which this Section 2.03 shall deliver, by hand delivery or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agentnot apply), a duly completed and executed Request for Credit Extension Borrower shall hand deliver or telecopy to the Administrative Agent a duly completed Borrowing Request in the form of Exhibit A (ia) in the case of an Alternative Currency Borrowing and in the case of a Eurodollar LIBOR Borrowing, not later than 1:00 p.m.11:00 a.m., New York City time (or, if the Borrowing Request is delivered or telecopied to the Administrative Agent in London, 1:00 p.m., London time), three Business Days before the date of the a proposed Borrowing and (or, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (iib) in the case of an ABR BorrowingBorrowing denominated in Dollars, not later than 1:00 p.m.12:00 noon, New York City time, one Business Day before a proposed Borrowing; provided, however, that Borrowing Requests with respect to Borrowings to be made on the date Effective Date may, at the discretion of the proposed BorrowingAdministrative Agent, be delivered later than the times specified above. Each Borrowing Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable and shall specify (i) the following information in compliance with Section 2.02: Borrower requesting such Borrowing (a) whether the requested Borrowing is to and be a Borrowing signed by or on behalf of Revolving Loans or Term Loanssuch Borrower); (b) the aggregate amount of such Borrowing; (c) the date of such Borrowing, which shall be a Business Day; (dii) whether such Borrowing is to be an ABR a Periodic Access Borrowing, a U.S. $ Revolving Credit Borrowing or a Eurodollar Multi-Currency Revolving Credit Borrowing; (eiii) in whether the case of a Eurodollar Borrowing, the initial Interest Period Borrowing then being requested is to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”LIBOR Borrowing or an ABR Borrowing; (fiv) the number and location and number of the Borrower’s account to which funds are to be disbursed, disbursed (which shall comply be an account that complies with the requirements of Section 2.02(c) and, in the case of a Borrowing denominated in Dollars, shall be at an office of the Administrative Agent in New York City or London); (v) the date of such Borrowing (which shall be a Business Day and, in the case of a Periodic Access Borrowing to be made after the Effective Date, shall be within a Periodic Access Availability Period); (vi) the amount of such Borrowing (which shall be expressed in Dollars, regardless of whether such Borrowing is an Alternative Currency Borrowing); (vii) the currency of such Borrowing (which shall be Dollars, in the case of any U.S. $ Revolving Credit Borrowing or ABR Borrowing, and otherwise shall be Dollars or an Alternative Currency); and (gviii) if and such Borrowing is to be a LIBOR Borrowing, the extent required under Section 4.01Interest Period with respect thereto; provided, that however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the conditions requirements set forth in clauses (a) and (b) Section 2.02. If no election as to the currency of Section 4.01 are satisfied as of Borrowing is specified in any such notice, then the date of the noticerequested Borrowing shall be denominated in Dollars. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR BorrowingBorrowing if denominated in Dollars or a LIBOR Borrowing if denominated in an Alternative Currency. If no Interest Period with respect to any requested Eurodollar LIBOR Borrowing 43 38 is specified in any such notice, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Promptly following receipt The Administrative Agent shall promptly (and in any event on the same day that the Administrative Agent receives such notice, if received by 11:00 a.m., New York City time, on such day) advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), of each Lender's portion of the requested Borrowing and, in the case of an Alternative Currency Borrowing, of the Alternative Currency amount of such Borrowing and the Spot Exchange Rate utilized to determine such amount. If a Borrower in respect of an outstanding Revolving Credit Borrowing shall not have delivered a Borrowing Request for Credit Extension in accordance with this Section 2.032.03 prior to the end of the Interest Period then in effect for such Borrowing and requesting that such Borrowing be refinanced, then such Borrower shall (unless such Borrower has notified the Administrative Agent Agent, not fewer than three Business Days prior to the end of such Interest Period, that such Borrowing is to be repaid at the end of such Interest Period) be deemed to have delivered a Borrowing Request requesting that such Borrowing be refinanced with a new Revolving Credit Borrowing of equivalent amount in the same currency, and such new Borrowing shall advise each Lender be an ABR Borrowing if denominated in Dollars or a LIBOR Borrowing with an Interest Period of one month's duration if denominated in an Alternative Currency. The sum of (a) the aggregate principal amount of Borrowings by the EEIG Borrower, plus (b) the Aggregate L/C Exposure under Letters of Credit issued at the request of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested BorrowingEEIG Borrower, at any one time outstanding, shall not exceed $575,000,000.

Appears in 1 contract

Samples: Credit Agreement (American Standard Companies Inc)

Borrowing Procedure. To In order to request a Revolving Borrowing or Term Borrowing(other than a Conversion) during the Funding Availability Period, the Borrower shall deliver, by hand delivery deliver or send via facsimile (or transmit by other which facsimile may be delivered via the recipient’s electronic transmission, if arrangements for doing so have been approved in writing by mail system) to the Administrative Agent), Agent a duly completed and executed Borrowing Request for Credit Extension to the Administrative Agent (i) in the case of a Eurodollar Term SOFR Borrowing, not later than 1:00 12:00 p.m., New York City time, three (3) Business Days before the date (or such shorter period of time as Agent may agree) prior to the proposed Borrowing Borrowing, (or, ii) in the case of a Daily Simple SOFR Borrowing, not later than 12:00 p.m., New York City time, five (5) U.S. Government Securities Business Days (or such shorter period of time as Agent may agree) prior to the initial extension of credit on the Closing Dateproposed Borrowing, one Business Day before) or and (iiiii) in the case of an ABR Borrowing, not later than 1:00 p.m., New York City time, on the date Business Day of the proposed Borrowing. Each Request for Credit Extension for a Revolving Loan or a Term Loan Such notice shall be irrevocable and shall in each case specify the following information in compliance with Section 2.02: (aA) whether the Borrowing then being requested Borrowing is to be a Term SOFR Borrowing, a Daily Simple SOFR Borrowing of Revolving Loans or Term Loans; an ABR Borrowing and (b) the aggregate amount of such Borrowing; (cB) the date of such Borrowing, Borrowing (which shall be a Business Day; (d) whether such Borrowing is to be an ABR Borrowing or Day and shall constitute a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”; (f) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.02(cFunding Date) and (g) if and to the extent required under Section 4.01amount thereof; provided, however, that the conditions set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the notice. If no election as to the Type of Borrowing is specified in any such notice, then the requested each Borrowing shall be in an ABR Borrowingamount which is an integral multiple of $1,000,000 and not less than $5,000,000. If no Interest Period with respect Notwithstanding anything to any requested Eurodollar Borrowing is specified in any such noticethe contrary herein, then the Borrower may request up to three (3) Borrowings (which, for the avoidance of doubt, shall be deemed to have selected an Interest Period not include any Conversions or continuations of one month’s duration. Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, existing Borrowings) during the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested BorrowingFunding Availability Period.

Appears in 1 contract

Samples: Assignment and Assumption (Oncor Electric Delivery Co LLC)

Borrowing Procedure. To After the Closing Date, in order to request a Borrowing under the Revolving Loans (other than a deemed Borrowing or Term Borrowingpursuant to Section 2.02(f) hereof, as to which this Section 2.03 shall not apply), the Borrower shall deliver, by hand delivery deliver or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Request for Credit Extension telecopy to the Administrative Agent a duly completed Borrowing Request (ia) in the case of a Eurodollar Borrowing, not later than 1:00 p.m.11:00 a.m., New York City Dallas, Texas time, three Business Days before the date of the a proposed Borrowing under the Revolving Loans, and (or, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (iib) in the case of an ABR Borrowing, not later than 1:00 p.m.10:00 a.m., New York City timeDallas, Texas on the date of the proposed Borrowing. Each Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable and shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such Borrowing; (c) the date of such Borrowing, which shall be a Business Day; ) of a proposed Borrowing under the Revolving Loans. Each Borrowing Request shall be irrevocable, shall be signed by or on behalf of the Borrower and shall specify the following information: (di) whether such the Borrowing under the Revolving Loans then being requested is to be a Eurodollar Borrowing or an ABR Borrowing or a Eurodollar (it being understood that the Borrowing under the Revolving Loans on the Closing Date shall be an ABR Borrowing); (eii) in the case date of a Eurodollar Borrowing, such Borrowing under the initial Interest Period to be applicable thereto, Revolving Loans (which shall be a period contemplated by the definition of “Interest Period”Business Day); (fiii) the number and location and number of the Borrower’s account to which funds are to be disbursed; (iv) the amount of such Borrowing under the Revolving Loans; (v) if such Borrowing is to be a Eurodollar Borrowing, which shall comply the Interest Period with the requirements of Section 2.02(c) respect thereto and (gvi) if and to the extent required under so long as Section 4.016.10 hereof is still in effect, that the conditions set forth in clauses (a) and (b) attached Compliance Certificate demonstrates no Default or Event of Section 4.01 are satisfied as of the date of the noticeDefault after giving effect to such Borrowing. If no election as to the Type of Borrowing under the Revolving Loans is specified in any such notice, then the requested Borrowing under the Revolving Loans shall be an ABR Borrowing. If no Interest Period with respect to any requested Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, the The Administrative Agent shall promptly advise each Lender the Lenders of any notice given pursuant to this Section 2.03 hereof (and the details thereof contents thereof), and of the amount of such each Lender’s Loan to be made as part 's portion of the requested BorrowingBorrowing under the Revolving Loans.

Appears in 1 contract

Samples: Credit Agreement (Ascent Entertainment Group Inc)

Borrowing Procedure. To In order to request a Revolving Term Loan Borrowing or Term a Revolving Credit Borrowing, the Borrower shall delivernotify the Administrative Agent of such request by telephone not later than 12:00 p.m., by hand delivery or facsimile New York time, (or transmit by a) one Business Day before a proposed Borrowing of Eurodollar Loans on the Funding Date and (b) three Business Days before a proposed Borrowing of Eurodollar Loans on any other electronic transmissiondate (or, if arrangements for doing so have been approved in writing each case, such shorter period as may be agreed by the Administrative Agent)) and no later than 12:00 p.m., New York time, on the Business Day before the date of a duly completed and executed Request for Credit Extension to the Administrative Agent (i) proposed Borrowing in the case of a Eurodollar Borrowing, not later than 1:00 p.m., New York City time, three Business Days before the date Borrowing of the proposed Borrowing (or, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (ii) in the case of an ABR Borrowing, not later than 1:00 p.m., New York City time, on the date of the proposed BorrowingLoans. Each such telephonic Borrowing Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable irrevocable, and shall be confirmed promptly by hand delivery, e-mail or fax to the Administrative Agent of a written Borrowing Request and shall specify the following information in compliance with Section 2.02information: (ai) whether the Borrowing then being requested Borrowing is to be a Borrowing of Term Loans, Revolving Credit Loans, Incremental Term Loans or Term Incremental Revolving Loans; (b) the aggregate amount of such Borrowing; (cii) the date of such Borrowing, Borrowing (which shall be a Business Day); (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”; (fiii) the number and location and number of the Borrower’s account to which funds are to be disbursed; (iv) the amount of such Borrowing (stated in the Available Currency); and (v) whether the Loans being made pursuant to such Borrowings are to be initially maintained as ABR Loans or Eurodollar Loans and, which if Eurodollar Loans, the Interest Period with respect thereto; provided, however, that the initial Interest Period of any Eurodollar Borrowing made on the Funding Date shall end on a date reasonably satisfactory to the Administrative Agent specified by the Borrower in such Borrowing Request; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements of Section 2.02(c) and (g) if and to the extent required under Section 4.01, that the conditions set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the notice. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing2.02. If no Interest Period with respect to any requested Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, the The Administrative Agent shall promptly advise each Lender the applicable Lenders of any notice given pursuant to this Section 2.03 (and the details thereof contents thereof), and of the amount of such each Lender’s Loan to be made as part portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Altice USA, Inc.)

Borrowing Procedure. To In order to request a Revolving Borrowing (other than a deemed Borrowing pursuant to Section 2.02(f) or Term Borrowinga Borrowing of Swing Line Loans under Section 2.23 as to which this Section 2.03 shall not apply), the Administrative Borrower shall deliver, by hand delivery or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Request for Credit Extension to notify the Administrative Agent of such request (ia) in the case of a Eurodollar Term SOFR Borrowing, not later than 1:00 p.m.p.m, New York City time, three (3) Business Days before the date of the a proposed Borrowing Borrowing, and (or, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (iib) in the case of an ABR Borrowing, not later than 1:00 p.m., New York City time, on the Business Day prior to the requested date of the a proposed Borrowing. Each such Borrowing Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable irrevocable, shall be in the form of a written Borrowing Request delivered by hand or fax to the Administrative Agent and shall specify the following information in compliance with Section 2.02information: (ai) whether the Borrowing then being requested is to be a Revolving Credit Borrowing, a Refinancing Revolving Loan Borrowing, a Refinancing Term Loan Borrowing or an Incremental Borrowing, and whether such Borrowing is to be a Term SOFR Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such an ABR Borrowing; (cii) the date of such Borrowing, Borrowing (which shall be a Business Day); (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”; (fiii) the number and location and number of the Borrower’s account to which funds are to be disbursed; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Term SOFR Borrowing, which the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements of Section 2.02(c) and (g) if and to the extent required under Section 4.01, that the conditions set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the notice2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any requested Eurodollar Term SOFR Borrowing is specified in any such notice, then the Administrative Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, the The Administrative Agent shall promptly advise each Lender the applicable Lenders of any notice given pursuant to this Section 2.03 (and the details thereof contents thereof), and of the amount of such each Lender’s Loan to be made as part portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Enviva Inc.)

Borrowing Procedure. To In order to request a Revolving Borrowing or Term Borrowing(other than a Conversion) during the Funding Availability Period, the Borrower shall deliver, by hand delivery deliver or send via facsimile (or transmit by other which facsimile may be delivered via the recipient’s electronic transmission, if arrangements for doing so have been approved in writing by mail system) to the Administrative Agent), Agent a duly completed and executed Borrowing Request for Credit Extension to the Administrative Agent (i) in the case of a Eurodollar Term SOFR Borrowing, not later than 1:00 12:00 p.m., New York City time, three (3) Business Days before the date (or such shorter period of time as Agent may agree) prior to the proposed Borrowing Borrowing, (or, ii) in the case of a Daily Simple SOFR Borrowing, not later than 12:00 p.m., New York City time, five (5) U.S. Government Securities Business Days (or such shorter period of time as Agent may agree) prior to the initial extension of credit on the Closing Dateproposed Borrowing, one Business Day before) or and (iiiii) in the case of an ABR Borrowing, not later than 1:00 p.m., New York City time, on the date Business Day of the proposed Borrowing. Each Request for Credit Extension for a Revolving Loan or a Term Loan Such notice shall be irrevocable and shall in each case specify the following information in compliance with Section 2.02: (aA) whether the Borrowing then being requested Borrowing is to be a Term SOFR Borrowing, a Daily Simple SOFR Borrowing of Revolving Loans or Term Loans; an ABR Borrowing and (b) the aggregate amount of such Borrowing; (cB) the date of such Borrowing, Borrowing (which shall be a Business Day; (d) whether such Borrowing is to be an ABR Borrowing or Day and shall constitute a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”; (f) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.02(cFunding Date) and (g) if and to the extent required under Section 4.01amount thereof; provided, however, that the conditions set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the notice. If no election as to the Type of Borrowing is specified in any such notice, then the requested each Borrowing shall be in an ABR Borrowingamount which is an integral multiple of $1,000,000 and not less than $5,000,000. If no Interest Period with respect Notwithstanding anything to any requested Eurodollar Borrowing is specified in any such noticethe contrary herein, then the Borrower may request up to four (4) Borrowings (which, for the avoidance of doubt, shall be deemed to have selected an Interest Period not include any Conversions or continuations of one month’s duration. Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, existing Borrowings) during the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested BorrowingFunding Availability Period.

Appears in 1 contract

Samples: Credit Agreement (Oncor Electric Delivery Co LLC)

Borrowing Procedure. To In order to request a Revolving Borrowing (other than a Swingline Loan or Term Borrowing, the Borrower shall deliver, by hand delivery or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agenta deemed Borrowing pursuant to Section 2.02(f), a duly completed as to which this Section 2.03 shall not apply and executed other than any Borrowing to be made on the Closing Date, in respect of which the related Borrowing Request for Credit Extension must be hand delivered or faxed to the Administrative Agent (ior made by telephone promptly followed by hand delivery or fax of a duly completed Borrowing Request) not later than 12:00 (noon), New York City time, one Business Day prior to the Closing Date, regardless of whether any such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing), the Borrower shall hand deliver or fax to the Administrative Agent a duly completed Borrowing Request (or shall make such request by telephone promptly followed by the hand delivery or fax of a duly completed Borrowing Request) (a) in the case of a Eurodollar Borrowing, not later than 1:00 p.m., New York City time, three Business Days before the date of the a proposed Borrowing Borrowing, and (or, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (iib) in the case of an ABR Borrowing, not later than 1:00 p.m., New York City time, on the date of the one Business Day before a proposed Borrowing. Each Borrowing Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable irrevocable, shall be signed by or on behalf of the Borrower and shall specify the following information in compliance with Section 2.02information: (ai) whether the Borrowing then being requested is to be a Term Borrowing or a Revolving Credit Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such an ABR Borrowing; (cii) the date of such Borrowing, Borrowing (which shall be a Business Day); (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”; (fiii) the number and location and number of the Borrower’s account to which funds are to be disbursed; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, which the Interest Period with respect thereto (which, in the case of any Eurodollar Borrowing to be made on the Closing Date, shall be an Interest Period of one month); provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements of Section 2.02(c) and (g) if and to the extent required under Section 4.01, that the conditions set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the notice2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any requested Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, the The Administrative Agent shall promptly advise each Lender the applicable Lenders of any notice given pursuant to this Section 2.03 (and the details thereof contents thereof), and of the amount of such each Lender’s Loan to be made as part 's portion of the requested Borrowing. SECTION 2.04.

Appears in 1 contract

Samples: Credit Agreement (CCC Information Services Group Inc)

Borrowing Procedure. To In order to request a Revolving Borrowing (other than a Swingline Loan or Term Borrowinga deemed Borrowing pursuant to Section 2.02(f) or (g) or a Borrowing of Canadian Prime Rate Loans to the extent resulting from automatic conversions of Bankers’ Acceptance Loans as provided in Schedule 2.02(b), as to which this Section 2.03 shall not apply), the relevant Borrower shall deliver, by hand delivery or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Request for Credit Extension to notify the Administrative Agent of such request by telephone (ia) in the case of a Eurodollar Euro Rate Borrowing or Bankers’ Acceptance Borrowing, not later than 1:00 p.m., New York City time, three p.m. 3 Business Days before the date of the a proposed Borrowing (or, in the case of the initial extension a Bankers’ Acceptance Borrowing with a term in excess of credit on the Closing Date180 days, one 5 Business Day before) or Days), and (iib) in the case of an ABR Borrowing or a Canadian Prime Rate Borrowing, not later than 1:00 p.m., New York City time, on the date of the p.m. 1 Business Day before a proposed Borrowing. Each Request for Credit Extension for a Revolving Loan or a Term Loan such telephonic request shall be irrevocable irrevocable, shall be confirmed promptly by hand delivery or fax to the Administrative Agent of a written Borrowing Request and shall specify the following information in compliance with Section 2.02information: (ai) whether the Borrowing then being requested is to be a US Term Borrowing, a Canadian Term Borrowing, a US Revolving Credit Borrowing or a Multicurrency Revolving Credit Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing, a EURIBOR Borrowing, a Sterling LIBOR Borrowing, an ABR Borrowing, a Canadian Prime Rate Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such a Bankers’ Acceptance Borrowing; (cii) the date of such Borrowing, Borrowing (which shall be a Business Day); (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”; (fiii) the number and location and number of the Borrower’s account to which funds are to be disbursed; (iv) the amount (or Face Amount, as applicable) of such Borrowing (stated in the relevant Available Currency); (v) if such Borrowing is to be a Euro Rate Borrowing, the Interest Period with respect thereto; and (vi) if such Borrowing is to be a Bankers’ Acceptance Borrowing, the term thereof (which shall comply with the requirements of Section 2.02(c) and (g) if and to the extent required under Section 4.01Schedule 2.02(b)); provided, however, that notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the conditions requirements set forth in clauses (a) and (b) of Section 4.01 are satisfied 2.02. Except as of the date of the notice. If otherwise provided in Section 2.10(b), if no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any requested Eurodollar Euro Rate Borrowing is specified in any such notice, then the relevant Borrower shall be deemed to have selected an Interest Period of one 1 month’s duration. Promptly following receipt If no term with respect to any Bankers’ Acceptance Borrowing is specified in any such notice, then the Canadian Revolver Borrower shall be deemed to have selected a term of a Request for Credit Extension in accordance with this Section 2.03, the 1 month’s duration. The Administrative Agent shall promptly advise each Lender the applicable Lenders of any notice given pursuant to this Section 2.03 (and the details thereof contents thereof), and of the amount of such each Lender’s Loan to be made as part portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Comdata Network, Inc. Of California)

Borrowing Procedure. To In order to request a Revolving Borrowing or Term Borrowing, the Borrower shall deliver, by hand delivery deliver or facsimile fax (or transmit telephone notice promptly confirmed by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Request for Credit Extension written or fax notice) to the Administrative Agent a duly completed Borrowing Request not later than (a) in the case of the Borrowing to be made on the Closing Date, 12:00 (noon), New York City time, one Business Day before the proposed Borrowing and (b) in the case of any Incremental Term Loan Borrowing, (i) in the case of a Eurodollar Borrowing, not later than 1:00 p.m.11:00 a.m., New York City time, three Business Days before the date of the a proposed Borrowing (orBorrowing, in the case of the initial extension of credit on the Closing Date, one Business Day before) or and (ii) in the case of an ABR Borrowing, not later than 1:00 p.m.12:00 (noon), New York City time, on the date of one Business Day before the proposed Borrowing. Each Such Borrowing Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable irrevocable, shall be signed by or on behalf of the Borrower and shall specify the following information in compliance with Section 2.02information: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such Borrowing; (c) the date of such Borrowing, which shall be a Business Day; (di) whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing or a Eurodollar Borrowing; (eii) in the case date of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, such Borrowing (which shall be a period contemplated by the definition of “Interest Period”Business Day); (fiii) the number and location and number of the Borrower’s account to which funds are to be disbursed; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, which the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements of Section 2.02(c) and (g) if and to the extent required under Section 4.01, that the conditions set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the notice2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any requested Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, the The Administrative Agent shall promptly advise each Lender the applicable Lenders of any notice given pursuant to this Section 2.03 (and the details thereof contents thereof), and of the amount of such each Lender’s Loan to be made as part portion of the requested Borrowing.

Appears in 1 contract

Samples: Second Lien Credit Agreement (Atp Oil & Gas Corp)

Borrowing Procedure. To In order to request a Revolving Borrowing or Term Borrowing, the Borrower shall deliver, by hand delivery deliver or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Request for Credit Extension telecopy to the Administrative Agent a duly completed Borrowing Request: (ia) in the case of a Eurodollar BorrowingEurocurrency Rate Borrowing denominated in Dollars, not later than 1:00 p.m.12:00 noon, New York City Dallas, Texas time, three Business Days before the date of the proposed Borrowing such Borrowing, (or, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (iib) in the case of a Eurocurrency Rate Borrowing denominated in an ABR Alternative Currency, not later than 12:00 noon, Dallas, Texas time, four Business Days before such Borrowing, and (c) in the case of a Base Rate Borrowing or a Eurodollar Daily Floating Rate Borrowing, not later than 1:00 p.m.12:00 noon, New York City Dallas, Texas time, on the date day of the proposed such Borrowing. Each Request for Credit Extension for a Revolving Loan or a Term Loan Such notice shall be irrevocable and shall specify the following information in compliance with Section 2.02each case specify: (ai) whether the Borrowing then being requested Borrowing is to be a Eurocurrency Rate Borrowing, a Base Rate Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such a Eurodollar Daily Floating Rate Borrowing; (cii) whether the Borrowing is a Revolving Borrowing or a Swingline Borrowing and if a Swingline Borrowing, the applicable Available Currency in which the Borrower requests such Borrowing to be denominated; (iii) the date of such Borrowing, Borrowing (which shall be a Business Day) and the amount thereof; and (div) whether if such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Eurocurrency Rate Borrowing, the initial Interest Period to be applicable with respect thereto, which shall be a period contemplated by not end after the definition of “Interest Period”Maturity Date; provided that (fA) the location Borrower may not request a Eurocurrency Rate Dollar Swingline Borrowing, a Base Rate Australian Dollar Swingline Borrowing nor a Base Rate Euro Swingline Borrowing and number (B) each such Borrowing of the Borrower’s account to which funds are to type described in clause (A) preceding shall not be disbursed, which shall comply with the requirements of Section 2.02(c) and (g) if and to the extent required under Section 4.01, that the conditions set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the noticeavailable herein. If no election as to the Type of Type, currency or facility applicable to such Borrowing is specified in any such notice, then the requested Borrowing shall will be an ABR a Base Rate Dollar Swingline Borrowing. If no Interest Period with respect to any requested Eurodollar Eurocurrency Rate Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt Notwithstanding any other provision of this Agreement to the contrary, no Borrowing shall be requested if the Interest Period with respect thereto would end after the Maturity Date. When a Request for Credit Extension in accordance with this Section 2.03Revolving Borrowing is requested, the Administrative Agent shall promptly advise each Lender the Revolving Lenders of the details thereof notice given pursuant to this Section 2.03 and of the amount of such each Revolving Lender’s Loan to be made as part portion of the requested Borrowing. When a Swingline Borrowing is requested, the Administrative Agent shall promptly advise the Swingline Lender of the notice given pursuant to this Section 2.03.

Appears in 1 contract

Samples: Revolving Credit Facility Agreement (Lennox International Inc)

Borrowing Procedure. To (a) In order to request a Revolving Borrowing (other than a deemed Borrowing pursuant to Section 2.02(g) or Term Borrowinga Swing Line Borrowing as to which this Section 2.03(a) shall not apply), the applicable U.S. Borrower (or the Parent Borrower on its behalf) shall hand deliver, fax or send by hand delivery or facsimile electronic communication (e-mail) (or transmit by other telephone notice promptly confirmed by a written, fax or electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agentcommunication (e-mail), a duly completed and executed Request for Credit Extension ) to the Administrative Agent a duly completed Borrowing Request (ix) in the case of a Eurodollar Eurocurrency Borrowing, not later than 1:00 p.m., New York City time, p.m. (Standard Time) three Business Days before the date of the a proposed Borrowing Borrowing, and (or, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (iiy) in the case of an ABR Borrowing, Borrowing not later than 1:00 p.m., New York City time, on the date of the p.m. (Standard Time) one Business Day before a proposed Borrowing. Each such Borrowing Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable irrevocable, shall be signed by or on behalf of a Responsible Officer of such U.S. Borrower (or the Parent Borrower on its behalf) and shall specify the following information in compliance with Section 2.02information: (ai) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term Loans; [reserved], (b) the aggregate amount of such Borrowing; (c) the date of such Borrowing, which shall be a Business Day; (dii) whether such Borrowing is to be a Eurocurrency Borrowing or an ABR Borrowing or a Eurodollar Borrowing; (eiii) in the case date of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, such Borrowing (which shall be a period contemplated by the definition of “Interest Period”Business Day); (fiv) the number and location and number of the Borrower’s account to which funds are to be disbursed, disbursed (which shall comply be an account that complies with the requirements of Section 2.02(c)); (v) the amount of such Borrowing; and (gvi) if and such Borrowing is to be a Eurocurrency Borrowing, the extent required under Section 4.01Interest Period with respect thereto; provided, that however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the conditions requirements set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the notice2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any requested Eurodollar Eurocurrency Borrowing is specified in any such notice, then the Parent Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, the The Administrative Agent shall promptly advise the Applicable Lenders of any notice given pursuant to this Section 2.03(a) (and the contents thereof), and of each Lender Lender’s portion of the details thereof requested Borrowing. (b) In order to request a Borrowing (other than a deemed Borrowing pursuant to Section 2.02(g) or a Swing Line Borrowing as to which Section 2.03(b) shall not apply), the Parent Borrower shall hand deliver, fax or send by electronic communication (e-mail) (or by telephone notice promptly confirmed by a written, fax or electronic communication (e-mail)) to the Canadian Administrative Agent a duly completed Borrowing Request (x) in the case of a B/A Borrowing or a Eurocurrency Borrowing, not later than 1:00 p.m. (Standard Time) three Business Days before the proposed Borrowing and (y) in the case of a Canadian Prime Rate Borrowing or U.S. Base Rate Borrowing, not later than 1:00 p.m. (Standard Time) one Business Day before the proposed Borrowing. Each such Borrowing Request shall be irrevocable, shall be signed by or on behalf of a Responsible Officer of the Parent Borrower and shall specify the following information: (i) in the case of a Canadian Revolving Borrowing, whether the Borrowing then being requested is to be denominated in Canadian dollars or U.S. dollars; (ii) whether such Borrowing is to be a Canadian Prime Rate Borrowing, a B/A Borrowing, a U.S. Base Rate Borrowing or a Eurocurrency Borrowing; (iii) the date of such Borrowing (which shall be a Business Day); (iv) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (v) the amount of such Lender’s Loan Borrowing; and (vi) if such Borrowing is to be made as part of a B/A Borrowing or a Eurocurrency Borrowing, the requested Borrowing.Contract Period or Interest Period, respectively, therefor; provided, however, that, notwithstanding any contrary specification

Appears in 1 contract

Samples: Syndicated Facility Agreement (Civeo Corp)

Borrowing Procedure. To In order to request a Revolving Borrowing or Term Borrowing, the Borrower shall deliver, by hand delivery or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Request for Credit Extension to notify the Administrative Agent of such request by telephone (ia) in the case of a Eurodollar Borrowing, not later than 1:00 p.m.11:00 a.m., New York City time, three Business Days before the date of the a proposed Borrowing Borrowing, and (or, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (iib) in the case of an ABR Borrowing, not later than 1:00 p.m.12:00 noon, New York City time, on the date of the one Business Day before a proposed Borrowing. Each such telephonic Borrowing Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable irrevocable, and shall be confirmed promptly by hand delivery or fax to the Administrative Agent of a written Borrowing Request and shall specify the following information in compliance with Section 2.02information: (ai) whether the Borrowing then being requested is to be an Initial Term Loan Borrowing or, a Delayed Draw Term Loan Borrowing and whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing (provided that (A) prior to the Conversion Date, there shall not be more than one Eurodollar Borrowing at any time and such Eurodollar Borrowing must have an Interest Period of Revolving one month’s duration and (B) prior to the Conversion Date, all Delayed Draw Term Loans or Term must be ABR Loans); (b) the aggregate amount of such Borrowing; (cii) the date of such Borrowing, Borrowing (which shall be a Business Day); (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”; (fiii) the number and location and number of the Borrower’s account to which funds are to be disbursed; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, which the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements of Section 2.02(c) and (g) if and to the extent required under Section 4.01, that the conditions set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the notice2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any requested Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, the The Administrative Agent shall promptly advise each Lender the applicable Lenders of any notice given pursuant to this Section 2.03 (and the details thereof contents thereof), and of the amount of such each Lender’s Loan to be made as part portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Sunterra Corp)

Borrowing Procedure. To request a Revolving Borrowing or Term Borrowing(a) The Borrower may borrow ------------------- under the Reducing R/C Commitments during the Reducing R/C Commitment Period on any Business Day, provided that an Authorized Officer of the Borrower shall deliver, by hand delivery or facsimile give -------- the Administrative Agent irrevocable notice (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing which notice must be received by the Administrative Agent), a duly completed and executed Request for Credit Extension Agent prior to the Administrative Agent (i) in the case of a Eurodollar Borrowing, not later than 1:00 p.m.11:00 A.M., New York City time, (i) three Business Days before prior to the date requested Borrowing Date, if all or any part of the proposed Borrowing (orrequested Loans are to be initially Eurodollar Loans, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (ii) in one Business Day prior to the case of an ABR Borrowingrequested Borrowing Date, not later than 1:00 p.m.otherwise), New York City timespecifying (i) the aggregate amount to be borrowed, on (ii) the date of the proposed Borrowing. Each Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable and shall specify the following information in compliance with Section 2.02: requested Borrowing Date, (aiii) whether the requested borrowing is to be of Eurodollar Loans, ABR Loans or a combination thereof, (iv) if the Borrowing is to be a Borrowing entirely or partly of Revolving Loans or Term Eurodollar Loans; (b) , the aggregate amount amounts of such Borrowing; (c) Type of Loan and the date lengths of the amounts of such Borrowing, which shall be a Business Day; (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in Type of Loan and the case lengths of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term "Interest Period”; " and (fv) the location and number of the Borrower’s 's account to which funds are to be disbursed, which shall comply with the requirements of Section 2.02(c) and (g) if and to the extent required under Section 4.01, that the conditions set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the notice2.07. If no election as to the Type of Borrowing is specified in any such noticespecified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing is specified in any such noticeReducing R/C Loan, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Promptly following Each borrowing under the Reducing R/C Commitments shall be (A) in the case of ABR Loans, in an amount equal to $1,000,000 or a whole multiple of $500,000 in excess thereof (or if the then Available Reducing R/C Commitments are less than $1,000,000, such lesser amount) or (B) in the case of Eurodollar Loans, in an amount equal to $2,000,000 or a whole multiple of $1,000,000 in excess thereof. Upon receipt of a Request for Credit Extension in accordance with this Section 2.03any such notice from the Borrower, the Administrative Agent shall advise promptly notify each Lender of the details thereof and of thereof. Each Lender will make the amount of such Lender’s Loan its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 10.02 prior to 11:00 A.M., New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made as part available to the Borrower by 2:00 P.M. New York City time on such day by the Administrative Agent transferring to an account of the requested BorrowingBorrower with the Administrative Agent and thereafter as directed by the Borrower the aggregate of the amounts made available to the Administrative Agent by the Lenders and in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Caribiner International Inc)

Borrowing Procedure. To In order to request a Revolving Borrowing (other than a Swingline Loan or Term Borrowinga deemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.03 shall not apply), the Borrower shall deliver, by hand delivery or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Request for Credit Extension to notify the Administrative Agent of such request by telephone (ia) in the case of an ABR Term Loan, not later than 12:00 noon, New York City time on the Closing Date, (b) in the case of a Eurodollar Borrowing, not later than 1:00 p.m.12:00 noon, New York City time, three Business Days before the date of the a proposed Borrowing Borrowing, and (or, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (iic) in the case of an ABR Borrowing, not later than 1:00 p.m.12:00 noon, New York City time, on the date of the one Business Day before a proposed Borrowing. Each such telephonic Borrowing Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable irrevocable, and shall be confirmed promptly by hand delivery or fax to the Administrative Agent of a written Borrowing Request and shall specify the following information in compliance with Section 2.02information: (ai) whether the Borrowing then being requested is to be a Term Borrowing or a Revolving Credit Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such an ABR Borrowing; (cii) the date of such Borrowing, Borrowing (which shall be a Business Day); (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”; (fiii) the number and location and number of the Borrower’s account to which funds are to be disbursed; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, which the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements of Section 2.02(c) and (g) if and to the extent required under Section 4.01, that the conditions set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the notice2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any requested Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, the The Administrative Agent shall promptly advise each Lender the applicable Lenders of any notice given pursuant to this Section 2.03 (and the details thereof contents thereof), and of the amount of such each Lender’s Loan to be made as part portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (St Louis Riverboat Entertainment Inc)

Borrowing Procedure. To In order to request a Revolving Borrowing or Term Borrowing, the Borrower shall deliver, by hand delivery deliver or send via facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by to the Administrative Agent), Agent a duly completed and executed Borrowing Request for Credit Extension to the Administrative Agent (i) in the case of a Eurodollar Borrowing, not later than 1:00 p.m.11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing (orsuch Borrowing, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (ii) in the case of an ABR Borrowing, not later than 1:00 p.m.11:00 a.m., New York City time, one Business Day before such Borrowing, and (iii) in the case of the initial Borrowing, not later than 9:00 a.m., New York City time, on the date day of the proposed such Borrowing. Each Request for Credit Extension for a Revolving Loan or a Term Loan Such notice shall be irrevocable and shall in each case specify the following information in compliance with Section 2.02: (aA) whether the Borrowing then being requested Borrowing is to be a Eurodollar Borrowing of Revolving Loans or Term Loans; an ABR Borrowing, (b) the aggregate amount of such Borrowing; (cB) the date of such Borrowing, Borrowing (which shall be a Business Day; ) and the amount thereof, (dC) whether if such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable with respect thereto, which shall be a period contemplated by not end after the definition of “Interest Period”; Maturity Date, and (fD) the location and number of the Borrower’s 's account to which funds are to be disbursed, which shall comply with the requirements of Section 2.02(c) and (g) if and to the extent required under Section 4.01, that the conditions set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the noticethis Agreement. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be deemed an ABR Borrowing. If no Interest Period with respect to any requested Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration's duration (subject to the limitations set forth in the definition of "Interest Period"). Promptly following receipt of a Request for Credit Extension If the Borrower shall not have given notice in accordance with this Section 2.032.03 of its election to refinance a Borrowing prior to the end of the Interest Period in effect for such Borrowing, then the Administrative Borrower shall (unless such Borrowing is repaid at the end of such Interest Period) be deemed to have given notice of an election to refinance such Borrowing with an ABR Borrowing. Notwithstanding any other provision of this Agreement to the contrary, no Borrowing shall be requested if the Interest Period with respect thereto would end after the Maturity Date. The Agent shall promptly advise each Lender the Lenders of the details thereof any notice given pursuant to this Section 2.03 and of the amount of such each Lender’s Loan to be made as part 's portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Txu Corp /Tx/)

Borrowing Procedure. To In order to request a Revolving Borrowing (other than a Swingline Loan or Term Borrowing, the Borrower shall deliver, by hand delivery or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agenta deemed Borrowing pursuant to Section 2.02(f), a duly completed as to which this Section 2.03 shall not apply and executed other than any Borrowing to be made on the Closing Date, in respect of which the related Borrowing Request for Credit Extension must be hand delivered or faxed to the Administrative Agent (ior made by telephone promptly followed by hand delivery or fax of a duly completed Borrowing Request) not later than 12:00 (noon), New York City time, one Business Day prior to the Closing Date, regardless of whether any such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing), the Borrower shall hand deliver or fax to the Administrative Agent a duly completed Borrowing Request (or shall make such request by telephone promptly followed by the hand delivery or fax of a duly completed Borrowing Request) (a) in the case of a Eurodollar Borrowing, not later than 1:00 p.m., New York City time, three Business Days before the date of the a proposed Borrowing Borrowing, and (or, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (iib) in the case of an ABR Borrowing, not later than 1:00 p.m., New York City time, on the date of the one Business Day before a proposed Borrowing. Each Borrowing Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable irrevocable, shall be signed by or on behalf of the Borrower and shall specify the following information in compliance with Section 2.02information: (ai) whether the Borrowing then being requested is to be a Term Borrowing or a Revolving Credit Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such an ABR Borrowing; (cii) the date of such Borrowing, Borrowing (which shall be a Business Day); (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”; (fiii) the number and location and number of the Borrower’s account to which funds are to be disbursed; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, which the Interest Period with respect thereto (which, in the case of any Eurodollar Borrowing to be made on the Closing Date, shall be an Interest Period of one month); provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements of Section 2.02(c) and (g) if and to the extent required under Section 4.01, that the conditions set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the notice2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any requested Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, the The Administrative Agent shall promptly advise each Lender the applicable Lenders of any notice given pursuant to this Section 2.03 (and the details thereof contents thereof), and of the amount of such each Lender’s Loan to be made as part portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (CCC Information Services Group Inc)

Borrowing Procedure. To In order to request a Revolving Borrowing (other than a deemed Borrowing pursuant to Section 2.01(a) or Term BorrowingSection 2.02(f), as to which this Section 2.03 shall not apply), the Borrower shall deliver, by hand delivery or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by notify the Administrative Agent), a duly completed and executed Request for Credit Extension Agent by telephone (promptly confirmed by electronic communication) or shall hand deliver or send by electronic communication to the Administrative Agent a duly completed Borrowing Request (ia) in the case of a Eurodollar Term SOFR Borrowing or a Term CXXXX Borrowing, not later than 1:00 p.m., New York City time, three Business Days (or such later time as the Administrative Agent may reasonably agree), before the date of the a proposed Borrowing (or, in the case of the initial extension of credit a Borrowing on the Closing Eighth Amendment Effective Date, one prior to 1:00 p.m. New York City time on the Business Day before) immediately preceding the proposed Borrowing (or such later time as the Administrative Agent may reasonably agree)), (iib) in the case of an ABR Borrowing or a Daily Simple SOFR Borrowing, not later than 1:00 p.m., New York City time, on the date of a proposed Borrowing (or such later time as the Administrative Agent may reasonably agree) and (c) in the case of a Canadian Base Rate Borrowing, not later than 1:00 p.m., New York City time, one Business Day before a proposed BorrowingBorrowing (or such later time as the Administrative Agent may reasonably agree). Each Subject to the second proviso below, each Borrowing Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable irrevocable, shall be signed by or on behalf of the Borrower and shall specify the following information in compliance with Section 2.02information: (ai) whether the Borrowing then being requested is to be a Term Borrowing or a Revolving Borrowing, and whether such Borrowing is to be a Term SOFR Borrowing, Daily Simple SOFR Borrowing, an ABR Borrowing, a Canadian Base Rate Borrowing or a Term CXXXX Borrowing; provided, however, that, (x) each Term Borrowing shall be either a Term SOFR Borrowing or an ABR Borrowing and (y) Daily Simple SOFR Borrowings may only be requested with respect to Borrowings of Revolving Loans or Term other than Tranche A Revolving Loans; (b) the aggregate amount of such Borrowing; (cii) the date of such Borrowing, Borrowing (which shall be a Business Day); (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”; (fiii) the number and location and number of the Borrower’s account to which funds are to be disbursed; (iv) the amount of such Borrowing; (v) for Revolving Loans, the currency of such Borrowing (provided that, each ABR Borrowing shall be denominated in dollars), and (vi) if such Borrowing is to be a Term SOFR Borrowing or a Term CXXXX Borrowing, the initial Interest Period with respect thereto and the Class of Loans to which such initial Interest Period will apply; provided, further, that, a Borrowing Request may state that such Borrowing Request is conditioned upon the consummation of any transaction or other event so specified, in which case such Borrowing Request may be revoked (or the borrowing date extended) by the Borrower (by notice to the Administrative Agent on or prior to the specified effective date) if such condition is not satisfied, in any case, without premium, penalty or any other cost whatsoever; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements of Section 2.02(c) and (g) if and to the extent required under Section 4.01, that the conditions set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the notice2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no currency is specified with respect to the requested Borrowing, then the Borrower shall be deemed to have selected dollars. If no Interest Period with respect to any requested Eurodollar Term SOFR Borrowing or Term CXXXX Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt The Administrative Agent shall promptly advise the applicable Lenders of a Request for Credit Extension any notice given in accordance with this Section 2.032.03 (and the contents thereof), the Administrative Agent shall advise each Lender of the details thereof and of the amount of such each Lender’s Loan to be made as part portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (NRG Energy, Inc.)

Borrowing Procedure. To request a Revolving Borrowing or Term Borrowing, the Each Borrower shall deliver, by hand delivery or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), deliver a duly completed and fully executed Borrowing Request for Credit Extension at least one Business Day prior to the Administrative Agent Closing Date and the applicable Borrower shall deliver a fully executed Borrowing Request prior to any date such Borrower requests funding of an Incremental Term Loan (i) in the case of a Eurodollar Borrowing, not later than 1:00 p.m.12:00 (noon), New York City time, three two Business Days before the date of the proposed Borrowing (orBorrowing, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (ii) in the case of an ABR Borrowing, not later than 1:00 p.m.12:00 noon, New York City time, on one Business Day before the date of the proposed Borrowing, (iii) in the case of a CDOR Rate Borrowing, not later than 12:00 (noon), New York City time, two Business Days before the date of the proposed Borrowing, and (iv) in the case of a Canadian Prime Rate Borrowing not later than 12:00 noon, New York City time, one Business Day before the date of the proposed Borrowing. Each such Borrowing Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable (other than the initial Borrowing Requests delivered prior to the Closing Date) and shall specify the following information in compliance with Section 2.02respect to each Borrowing: (ai) the name of the Borrower, (ii) whether the Borrowing being requested Borrowing is to be a Borrowing of Revolving Loans Tranche B-1 Loan, a Tranche B-2 Loan or an Incremental Term Loans; (b) the aggregate amount of such Borrowing; (c) the date of such Borrowing, which shall be a Business Day; (diii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, an ABR Borrowing, a CDOR Rate Borrowing or a Canadian Prime Rate Borrowing (provided that, until the initial Administrative Agent shall have notified the Borrowers that the primary syndication of the Term Loan Commitments has been completed (which notice shall be given as promptly as practicable and, in any event, within 30 days after the Closing Date), the Borrowers shall not be permitted to request a Eurodollar Borrowing or a CDOR Rate Borrowing with an Interest Period to be applicable thereto, in excess of one month); (iv) the date of such Borrowing (which shall be a period contemplated by the definition of “Interest Period”Business Day); (fv) the number and location and number of the Borrower’s account to which funds are to be disbursed; (vi) the amount of such Borrowing; and (vii) if such Borrowing is to be a Eurodollar Borrowing or CDOR Rate Borrowing, which the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements of Section 2.02(c) and (g) if and to the extent required under Section 4.01, that the conditions set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the notice2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing or Canadian Prime Rate Borrowing, as applicable. If no Interest Period with respect to any requested Eurodollar Borrowing or CDOR Rate Borrowing is specified in any such notice, then the Borrower Borrowers shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, the The Administrative Agent shall promptly advise each Lender the applicable Lenders of any notice given pursuant to this Section 2.03 (and the details thereof contents thereof), and of the amount of such each Lender’s Loan to be made as part portion of the requested Borrowing.

Appears in 1 contract

Samples: Collateral Agreement (Wesco International Inc)

Borrowing Procedure. To In order to request a Revolving Borrowing (other than a deemed Borrowing pursuant to Section 2.02(f) or Term Borrowinga Borrowing of Swing Line Loans under Section 2.23 as to which this Section 2.03 shall not apply), the Administrative Borrower shall deliver, by hand delivery or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Request for Credit Extension to notify the Administrative Agent of such request (ia) in the case of a Eurodollar Borrowing, not later than 1:00 p.m.12:00 (noon)1:00 p.m, New York City time, three (3) Business Days before the date of the a proposed Borrowing Borrowing, and (or, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (iib) in the case of an ABR Borrowing, not later than 1:00 12:00 (noon)1:00 p.m., New York City time, on the Business Day prior to the requested date of the a proposed Borrowing. Each such Borrowing Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable irrevocable, shall be in the form of a written Borrowing Request delivered by hand or fax to the Administrative Agent and shall specify the following information in compliance with Section 2.02information: (ai) whether the Borrowing then being requested is to be a Revolving Credit Borrowing, a Refinancing Revolving Loan Borrowing, a Refinancing Term Loan Borrowing or an Incremental Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such an ABR Borrowing; (cii) the date of such Borrowing, Borrowing (which shall be a Business Day); (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”; (fiii) the number and location and number of the Borrower’s account to which funds are to be disbursed; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, which the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements of Section 2.02(c) and (g) if and to the extent required under Section 4.01, that the conditions set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the notice2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any requested Eurodollar Borrowing is specified in any such notice, then the Administrative Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, the The Administrative Agent shall promptly advise each Lender the applicable Lenders of any notice given pursuant to this Section 2.03 (and the details thereof contents thereof), and of the amount of such each Lender’s Loan to be made as part portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Enviva Partners, LP)

Borrowing Procedure. To In order to request a Revolving Borrowing (other than a Swingline Loan or Term Borrowinga deemed Borrowing pursuant to Section 2.2(f), as to which this Section 2.3 shall not apply), the Borrower shall deliver, by hand delivery deliver or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Request for Credit Extension fax to the Administrative Agent (ior give telephonic notice promptly confirmed by written notice) a duly completed Borrowing Request (a) in the case of a Eurodollar Eurocurrency Borrowing, not later than 1:00 p.m.12:00 (noon), New York City timeLocal Time, three Business Days before the date of the a proposed Borrowing Borrowing, and (or, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (iib) in the case of an ABR Borrowing, not later than 1:00 p.m.12:00 (noon), New York City time, on the date of the one Business Day before a proposed Borrowing. Each Borrowing Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable irrevocable, shall be signed by or on behalf of the Borrower and shall specify the following information in compliance with Section 2.02information: (ai) whether the Borrowing then being requested is to be a US$ Term Loan Borrowing, a Euro Term Loan Borrowing, an Incremental Term Loan Borrowing or a Revolving Credit Borrowing, whether such Borrowing is denominated in Dollars, and whether such Borrowing is to be a Eurocurrency Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such an ABR Borrowing; (cii) the date of such Borrowing, Borrowing (which shall be a Business Day); (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”; (fiii) the number and location and number of the Borrower’s account to which funds are to be disbursed; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurocurrency Borrowing, which the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements of Section 2.02(c) and (g) if and to the extent required under Section 4.01, that the conditions set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the notice2.2. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any requested Eurodollar Eurocurrency Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, the The Administrative Agent shall promptly advise each Lender the applicable Lenders of any notice given pursuant to this Section 2.3 (and the details thereof contents thereof), and of the amount of such each Lender’s Loan to be made as part portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Polypore, Inc.)

Borrowing Procedure. To In order to request a Revolving Borrowing (other than a deemed Borrowing pursuant to Section 2.02(f) or Term Borrowinga Borrowing of Swing Line Loans under Section 2.23 as to which this Section 2.03 shall not apply), the Administrative Borrower shall deliver, by hand delivery or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Request for Credit Extension to notify the Administrative Agent of such request (ia) in the case of a Eurodollar EurodollarTerm SOFR Borrowing, not later than 1:00 p.m.p.m, New York City time, three (3) Business Days before the date of the a proposed Borrowing Borrowing, and (or, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (iib) in the case of an ABR Borrowing, not later than 1:00 p.m., New York City time, on the Business Day prior to the requested date of the a proposed Borrowing. Each such Borrowing Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable irrevocable, shall be in the form of a written Borrowing Request delivered by hand or fax to the Administrative Agent and shall specify the following information in compliance with Section 2.02information: (ai) whether the Borrowing then being requested is to be a Revolving Credit Borrowing, a Refinancing Revolving Loan Borrowing, a Refinancing Term Loan Borrowing or an Incremental Borrowing, and whether such Borrowing is to be a EurodollarTerm SOFR Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such an ABR Borrowing; (cii) the date of such Borrowing, Borrowing (which shall be a Business Day); (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”; (fiii) the number and location and number of the Borrower’s account to which funds are to be disbursed; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a EurodollarTerm SOFR Borrowing, which the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements of Section 2.02(c) and (g) if and to the extent required under Section 4.01, that the conditions set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the notice2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any requested Eurodollar EurodollarTerm SOFR Borrowing is specified in any such notice, then the Administrative Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, the The Administrative Agent shall promptly advise each Lender the applicable Lenders of any notice given pursuant to this Section 2.03 (and the details thereof contents thereof), and of the amount of such each Lender’s Loan to be made as part portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Enviva Inc.)

Borrowing Procedure. To In order to request a Revolving Borrowing (other than a deemed Borrowing pursuant to Section 2.02(e), as to which this Section 2.03 shall not apply; a conversion or continuation of a Borrowing pursuant to Section 2.10 or capitalization of any interest constituting Term BorrowingLoan PIK Interest pursuant to Section 2.06(d)), the U.S. Borrower or Cayman Borrower, as applicable, shall deliver, by hand delivery or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Request for Credit Extension deliver to the Administrative Agent a written Borrowing Request (ia) in the case of a Eurodollar Borrowing, not later than 1:00 p.m.12:00 (noon), New York City time, three Business Days before the date of the a proposed Borrowing (oror as otherwise agreed by the Administrative Agent in its sole discretion), in the case of the initial extension of credit on the Closing Date, one Business Day before) or and (iib) in the case of an ABR Borrowing, not later than 1:00 p.m.10:00 a.m., New York City time, on the date day of the a proposed Borrowing. Each such Borrowing Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable (except for Borrowing Requests conditioned on the occurrence of the Third Restatement Date or the consummation of any Permitted Acquisition), and shall specify the following information in compliance with Section 2.02information: (ai) whether the Borrowing then being requested is to be a Term Borrowing of Loans made pursuant to Section 2.01(a), an Incremental Borrowing or a Revolving Credit Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such an ABR Borrowing; (cii) the date of such Borrowing, Borrowing (which shall be a Business Day); (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”; (fiii) the number and location and number of the Borrower’s account to which funds are to be disbursed; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, which the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements of Section 2.02(c) and (g) if and to the extent required under Section 4.01, that the conditions set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the notice2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any requested Eurodollar Borrowing is specified in any such notice, then the U.S. Borrower or Cayman Borrower, as applicable, shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, the The Administrative Agent shall promptly advise each Lender the applicable Lenders of any notice given pursuant to this Section 2.03 (and the details thereof contents thereof), and of the amount of such each Lender’s Loan to be made as part portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Lindblad Expeditions Holdings, Inc.)

Borrowing Procedure. To In order to request a Revolving Borrowing or Term Borrowing(other than a Swingline Loan, Section 2.02(g) or, if applicable, pursuant to Section 2.27, in each case as to which this Section 2.03 shall not apply), the Borrower shall deliver, by hand delivery or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Request for Credit Extension to notify the Administrative Agent of such request by telephone (ia) in the case of a Eurodollar Borrowing, not later than 1:00 p.m., New York City time, three p.m. 3 Business Days before the date of the a proposed Borrowing borrowing, (or, b) in the case of the initial extension of credit on the Closing Datea Eurocurrency Rate Borrowing (other than a Eurodollar Borrowing), one SXXXX Borrowing or CDOR Rate Borrowing, not later than 1:00 p.m. 4 Business Day before) or Days before a proposed Borrowing, (iic) in the case of an ABR Borrowing, not later than 1:00 p.m., New York City time, 12:00 p.m. on the date of a proposed Borrowing and (d) in the case of a Canadian Prime Rate Borrowing, not later than 1:00 p.m. one Business Day prior to the date of a proposed Borrowing. Each Request for Credit Extension for a Revolving Loan or a Term Loan such telephonic request shall be irrevocable irrevocable, shall be confirmed promptly by hand delivery or fax to the Administrative Agent of a written Borrowing Request and shall specify the following information in compliance with Section 2.02information: (ai) the WEIL:\96480003\20\34471.0013 AMERICAS 109594622 relevant Class of such Borrowing and whether the requested such Borrowing is to be a Eurodollar Borrowing, a EURIBOR Borrowing, a Sterling LIBORSONIA Borrowing, an ABR Borrowing, a Canadian Prime Rate Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such a CDOR Rate Borrowing; (cii) the date of such Borrowing, Borrowing (which shall be a Business Day); (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”; (fiii) the number and location and number of the Borrower’s account to which funds are to be disbursed; (iv) the amount of such Borrowing (stated in the relevant Available Currency); and (v) if such Borrowing is to be a Eurocurrency Rate Borrowing or a CDOR Rate Borrowing, which the Interest Period with respect thereto; provided, however, that notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements of Section 2.02(c) and (g) if and to the extent required under Section 4.01, that the conditions set forth in clauses (a) and (b) of Section 4.01 are satisfied 2.02. Except as of the date of the notice. If otherwise provided in Section 2.10(b), if no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be (i) in the case of US Dollar-Denominated Loans, an ABR Borrowing and (ii) in the case of Canadian Dollar-Denominated Loans, a Canadian Prime Rate Borrowing. If no Interest Period with respect to any requested Eurodollar Eurocurrency Rate Borrowing or CDOR Rate Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one 1 month’s duration. Promptly following receipt A Borrowing denominated in Sterling shall at all times be a SXXXX Borrowing (subject to the last sentence of a Request for Credit Extension in accordance with this Section 2.03, the definition of “Daily Simple SXXXX”). The Administrative Agent shall promptly advise each Lender the applicable Lenders of any notice given pursuant to this Section 2.03 (and the details thereof contents thereof), and of the amount of such each Lender’s Loan to be made as part portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Ceridian HCM Holding Inc.)

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Borrowing Procedure. To In order to request a Revolving Borrowing or Term Borrowing(other than a Swingline Loan, the Borrower as to which this Section 2.03 shall deliver, by hand delivery or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agentnot apply), a duly completed and executed Request for Credit Extension Borrower shall hand deliver or telecopy to the Administrative Agent a duly completed Borrowing Request in the form of Exhibit A (ia) in the case of an Alternative Currency Borrowing and in the case of a Eurodollar LIBOR Borrowing, not later than 1:00 p.m.11:00 a.m., New York City time (or, if the Borrowing Request is delivered or telecopied to the Administrative Agent in London, 10:00 a.m., London time), three Business Days before the date of the a proposed Borrowing and (or, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (iib) in the case of an ABR BorrowingBorrowing denominated in Dollars, not later than 1:00 p.m.12:00 noon, New York City time, one Business Day before a proposed Borrowing; provided, however, that Borrowing Requests with respect to Borrowings to be made on the date Effective Date may, at the discretion of the proposed BorrowingAdministrative Agent, be delivered later than the times specified above. Each Borrowing Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable and shall specify (i) the following information in compliance with Section 2.02: Borrower requesting such Borrowing (aand be signed by or on behalf of such Borrower); (ii) whether the requested if such Borrowing is to be a Borrowing of Revolving Loans or Term Loans; (b) made on the aggregate amount of such Borrowing; (c) the date of such BorrowingEffective Date, which shall be a Business Day; (d) whether such Borrowing is to be an ABR a Term Borrowing, a Periodic Access Borrowing, a U.S. $ Revolving Credit Borrowing or a Eurodollar Multi-Currency Revolving Credit Borrowing, or if such Borrowing is to be made after the Effective Date, whether such Borrowing is to be a Periodic Access Borrowing, a U.S. $ Revolving Credit Borrowing or a Multi- Currency Revolving Credit Borrowing; (e) in iii)-whether the case of a Eurodollar Borrowing, the initial Interest Period Borrowing then being requested is to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”LIBOR Borrowing or an ABR Borrowing; (fiv) the number and location and number of the Borrower’s account to which funds are to be disbursed, disbursed (which shall comply be an account that complies with the requirements of Section 2.02(c) and, in the case of a Borrowing denominated in Dollars, shall be at an office of the Administrative Agent in New York City or London); (v) the date of such Borrowing (which shall be a Business Day and, in the case of a Periodic Access Borrowing to be made after the Effective Date, shall be within a Periodic Access Availability Period); (vi) the amount of such Borrowing (which shall be expressed in Dollars, regardless of whether such Borrowing is an Alternative Currency Borrowing); (vii) the currency of such Borrowing (which shall be Dollars, in the case of the Term Borrowing and any U.S. $ Revolving Credit Borrowing or ABR Borrowing, and otherwise shall be Dollars or an Alternative Currency); and (gviii) if and such Borrowing is to be a LIBOR Borrowing, the extent required under Section 4.01Interest Period with respect thereto; provided, that however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the conditions requirements set forth in clauses (a) and (b) Section 2.02. If no election as to the currency of Section 4.01 are satisfied as of Borrowing is specified in any such notice, then the date of the noticerequested Borrowing shall be denominated in Dollars. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR BorrowingBorrowing if denominated in Dollars or a LIBOR Borrowing if denominated in an Alternative Currency. If no Interest Period with respect to any requested Eurodollar LIBOR Borrowing is specified in any such notice, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Promptly following receipt The Administrative Agent shall promptly (and in any event on the same day that the Administrative Agent receives such notice, if received by 11:00 a.m., New York City time, on such day) advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), of each Lender's portion of the requested Borrowing and, in the case of an Alternative Currency Borrowing, of the Alternative Currency Equivalent of the Dollar amount specified in the applicable Borrowing Request and the Spot Exchange Rate utilized to determine such Alternative Currency Equivalent. If a Borrower in respect of an outstanding Revolving Credit Borrowing shall not have delivered a Borrowing Request for Credit Extension in accordance with this Section 2.032.03 prior to the end of the Interest Period then in effect for such Borrowing and requesting that such Borrowing be refinanced, then such Borrower shall (unless such Borrower has notified the Administrative Agent Agent, not fewer than three Business Days prior to the end of such Interest Period, that such Borrowing is to be repaid at the end of such Interest Period) be deemed to have delivered a Borrowing Request requesting that such Borrowing be refinanced with a new Revolving Credit Borrowing of equivalent amount in the same currency, and such new Borrowing shall advise each Lender be an ABR Borrowing if denominated in Dollars or a LIBOR Borrowing with an Interest Period of one month's duration if denominated in an Alternative Currency. The sum of (a) the aggregate principal amount of Borrowings by the EEIG Borrower, plus (b) the Aggregate L/C Exposure under Letters of Credit issued at the request of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested BorrowingEEIG Borrower, at any one time outstanding, shall not exceed $575,000,000.

Appears in 1 contract

Samples: Credit Agreement (American Standard Companies Inc)

Borrowing Procedure. To In order to request a Revolving Borrowing (other than a deemed Borrowing pursuant to Section 2.02(f) or Term Borrowinga Borrowing of Swing Line Loans under Section 2.23 as to which this Section 2.03 shall not apply), the Borrower shall deliver, by hand delivery or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Request for Credit Extension to notify the Administrative Agent of such request (ia) in the case of a Eurodollar Borrowing, not later than 1:00 p.m.12:00 (noon), New York City time, three (3) Business Days before the date of the a proposed Borrowing Borrowing, and (or, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (iib) in the case of an ABR Borrowing, not later than 1:00 p.m.12:00 (noon), New York City time, on the Business Day prior to the requested date of the a proposed Borrowing. Each such Borrowing Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable irrevocable, shall be in the form of a written Borrowing Request delivered by hand or fax to the Administrative Agent and shall specify the following information in compliance with Section 2.02information: (ai) whether the Borrowing then being requested is to be a Revolving Credit Borrowing, a Refinancing Revolving Loan Borrowing, a Refinancing Term Loan Borrowing or an Incremental Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such an ABR Borrowing; (cii) the date of such Borrowing, Borrowing (which shall be a Business Day); (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”; (fiii) the number and location and number of the Borrower’s account to which funds are to be disbursed; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, which the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements of Section 2.02(c) and (g) if and to the extent required under Section 4.01, that the conditions set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the notice2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any requested Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, the The Administrative Agent shall promptly advise each Lender the applicable Lenders of any notice given pursuant to this Section 2.03 (and the details thereof contents thereof), and of the amount of such each Lender’s Loan to be made as part portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Enviva Partners, LP)

Borrowing Procedure. To (a) In order to request a Revolving Borrowing or Term Borrowing, the applicable Borrower shall deliver, by hand delivery or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Request for Credit Extension give telephonic notice to the Administrative Agent (iconfirmed by hand delivery or telecopy of a duly completed Borrowing Request in the form of Exhibit A), (a) in the case of a Eurodollar Eurocurrency Borrowing, not later than 1:00 p.m.12:00 noon, New York City London time, three Business Days before the date of the a proposed Borrowing borrowing and (or, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (iib) in the case of an ABR Borrowing, not later than 1:00 p.m.11:00 a.m., New York City time, on the date Business Day of the a proposed Borrowingborrowing. Each Request for Credit Extension for a Revolving Loan or a Term Loan Such notice shall be irrevocable and shall in each case specify (i) in the following information in compliance with Section 2.02: (a) case of a Borrowing on the Effective Date, whether the requested Borrowing is to be a Term Borrowing of or a Revolving Loans Borrowing, (ii) whether the Borrowing then being requested is to be a Eurocurrency Borrowing or Term Loans; an ABR Borrowing, (b) the aggregate amount of such Borrowing; (ciii) the date of such Borrowing, Borrowing (which shall be a Business Day; ), (div) whether the aggregate principal amount of such Borrowing, (v) the currency of such Borrowing (which, in the case of an ABR Revolving Borrowing, shall be Dollars) and (v) if such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Eurocurrency Borrowing, the initial Interest Period with respect thereto. If no election as to be the currency of a Eurocurrency Revolving Borrowing is specified in any Borrowing Request, then the applicable thereto, which Borrower shall be deemed to have requested a period contemplated by the definition of “Interest Period”; (f) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.02(c) and (g) if and to the extent required under Section 4.01, that the conditions set forth Revolving Borrowing in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the noticeDollars. If no election as to the Type of Revolving Borrowing is specified in any such noticespecified, then the requested Revolving Borrowing shall be an ABR BorrowingRevolving Borrowing if denominated in Dollars or a Eurocurrency Revolving Borrowing if denominated in Sterling. If no Interest Period with respect to any requested Eurodollar Eurocurrency Revolving Borrowing is specified in any such noticespecified, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Sothebys Holdings Inc)

Borrowing Procedure. To request By delivering a Revolving Borrowing Request to the Agent at the Agent's Atlanta Office on or Term Borrowingbefore 11:00 a.m., New York City time, on a Business Day, the Borrower shall delivermay from time to time request, by hand delivery or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Request for Credit Extension to the Administrative Agent (i) in the case of Revolving A Loans, on not less than two (2) Business Days' nor more than three (3) Business Days' notice and (ii) in the case of Revolving B Loans, on not less than one (1) Business Day notice, that a Eurodollar Borrowing of Revolving Loans be made on the Business Day specified in such Borrowing Request. The Borrowing Request shall specify whether such Borrowing is to be made as Revolving A Loans or Revolving B Loans. Borrowings of Revolving A Loans shall be in a minimum aggregate amount equal to $250,000 and in integral multiples of $50,000 or, if less, the amount of the Revolving A Loan Availability immediately prior to such Borrowing. Borrowings of Revolving B Loans shall be in a minimum aggregate amount equal to $50,000 and in integral multiples of $50,000 or, not later than 1:00 if less, the amount of the Revolving B Loan Availability immediately prior to such Borrowing. Each Revolving Loan shall be made on the Business Day specified in the Borrowing Request therefor (including the initial Revolving Loans to be made on the Closing Date). On the day prior to such Business Day specified by the Borrower, each Lender shall, on or before 2:00 p.m., New York City time, three Business Days before the date of the proposed Borrowing (or, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (ii) in the case of an ABR Borrowing, not later than 1:00 p.m., New York City time, on the date of the proposed Borrowing. Each Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable and shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such Borrowing; (c) the date of such Borrowing, which shall be a Business Day; (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”; (f) the location and number of the Borrower’s account to which deposit same day funds are to be disbursed, which shall comply with the requirements of Section 2.02(c) and (g) if and Agent in an amount equal to the extent required under Section 4.01, that the conditions set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the notice. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any requested Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part 's Revolving Percentage of the requested Borrowing, such deposit to be made to such account as the Agent shall specify from time to time by notice to the Lenders. On the Business Day specified by the Borrower in the Borrowing Request, the proceeds of all Borrowings shall be made available to the Borrower by wire transfer of such proceeds to such transferees, or to such accounts of the Borrower, as the Borrower shall have specified in the Borrowing Request therefor; provided, however, that in each case the Agent shall be required to make available to the Borrower the proceeds of any Borrowing only to the extent received by it in same day funds from the Lenders. No Lender's obligation to make any Loan shall be affected by any other Lender's failure to make any Loan.

Appears in 1 contract

Samples: Credit Agreement (Internationale Nederlanden Capital Corp)

Borrowing Procedure. To In order to request a Revolving Borrowing or Term Borrowing, the Borrower shall deliver, by hand delivery or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Request for Credit Extension to notify the Administrative Agent of such request by telephone (ia) in the case of a Eurodollar Eurocurrency Borrowing, not later than 1:00 p.m.12:00 (noon), New York City time, three Business Days before the date of the a proposed Borrowing Borrowing, and (or, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (iib) in the case of an ABR Borrowing, not later than 1:00 p.m.12:00 (noon), New York City time, on the date of the one Business Day before a proposed Borrowing. Each such telephonic Borrowing Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable irrevocable, and shall be confirmed promptly by hand delivery or fax to the Administrative Agent of a written Borrowing Request and shall specify the following information in compliance with Section 2.02information: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such Borrowing; (c) the date of such Borrowing, which shall be a Business Day; (di) whether such Borrowing is to be a Eurocurrency Borrowing or an ABR Borrowing or a Eurodollar Borrowing; (eii) in the case date of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, such Borrowing (which shall be a period contemplated by the definition of “Interest Period”Business Day); (fiii) the number and location and number of the Borrower’s account to which funds are to be disbursed; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurocurrency Borrowing, which the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements of Section 2.02(c) and (g) if and to the extent required under Section 4.01, that the conditions set forth in clauses (a) and (b) Section 2.02; provided, further, that, to request a Borrowing on the Closing Date, the Borrower shall notify the Administrative Agent of Section 4.01 are satisfied as of such request by telephone not later than 2:00 p.m., New York City time, one Business Day prior to the date of the noticeClosing Date. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any requested Eurodollar Eurocurrency Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, the The Administrative Agent shall promptly advise each Lender the applicable Lenders of any notice given pursuant to this Section 2.03 (and the details thereof contents thereof), and of the amount of such each Lender’s Loan to be made as part portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Ply Gem Holdings Inc)

Borrowing Procedure. To In order to request a Revolving Borrowing or Term Borrowing(other than a deemed Borrowing pursuant to Section 2.23(g), as to which this Section 2.03 shall not apply), the Borrower shall deliver, by hand delivery or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Request for Credit Extension to notify the Administrative Agent of such request by telephone (ia) in the case of a Eurodollar Borrowing, not later than 1:00 p.m.12:00 noon, New York City time, three Business Days before the date of the a proposed Borrowing Borrowing, and (or, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (iib) in the case of an ABR Borrowing, not later than 1:00 p.m.12:00 noon, New York City time, on the date of the one Business Day before a proposed Borrowing. Each such telephonic Borrowing Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable irrevocable, and shall be confirmed promptly by hand delivery or fax to the Administrative Agent of a written Borrowing Request and shall specify the following information in compliance with Section 2.02information: (ai) whether the Borrowing then being requested is to be a Tranche X-0 Xxxxxxxxx, Xxxxxxx X-0 Borrowing or a Revolving Credit Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such an ABR Borrowing; (cii) the date of such Borrowing, Borrowing (which shall be a Business Day); (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”; (fiii) the number and location and number of the Borrower’s account to which funds are to be disbursed; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, which the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements of Section 2.02(c) and (g) if and to the extent required under Section 4.01, that the conditions set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the notice2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any requested Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, the The Administrative Agent shall promptly advise each Lender the applicable Lenders of any notice given pursuant to this Section 2.03 (and the details thereof contents thereof), and of the amount of such each Lender’s Loan to be made as part portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Atp Oil & Gas Corp)

Borrowing Procedure. To In order to request a Revolving Borrowing or Term Borrowing, the Borrower shall deliver, by hand delivery or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Request for Credit Extension to notify the Administrative Agent of such request by submitting a written Borrowing Request (ia) in the case of a Eurodollar Borrowing, not later than 1:00 p.m.12:00 (noon), New York City time, three Business Days before the date of the a proposed Borrowing Borrowing, and (or, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (iib) in the case of an ABR Borrowing, not later than 1:00 p.m.11:00 a.m., New York City time, on the date day of the a proposed Borrowing; provided that the request for the initial Borrowing of Term Loans on the Closing Date may be made not later than the time specified therefor by the Administrative Agent. Each such written Borrowing Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable irrevocable, and shall be submitted by hand delivery or e-mail to the Administrative Agent and shall specify the following information in compliance with Section 2.02information: (ai) whether the Borrowing then being requested is to be a Term Borrowing or an Incremental Term Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such an ABR Borrowing; (cii) the date of such Borrowing, Borrowing (which shall be a Business Day); (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”; (fiii) the number and location and number of the Borrower’s account to which funds are to be disbursed; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, which the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements of Section 2.02(c) and (g) if and to the extent required under Section 4.01, that the conditions set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the notice2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any requested Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, the The Administrative Agent shall promptly advise each Lender the applicable Lenders of any notice given pursuant to this Section 2.03 (and the details thereof contents thereof), and of the amount of such each Lender’s Loan to be made as part portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Quorum Health Corp)

Borrowing Procedure. To In order to request a Revolving Borrowing or Term Borrowing, the Borrower shall deliver, notify the Administrative Agent of such request by hand delivery or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Request for Credit Extension e-mail to the Administrative Agent of a Borrowing Request (ia) in the case of a Eurodollar Borrowing, not later than 1:00 2:00 p.m., New York City time, three Business Days before the date of the a proposed Borrowing (or, in or such shorter period as may be agreed to by the case of the initial extension of credit on the Closing Date, one Business Day beforeAdministrative Agent) or and (iib) in the case of an ABR Borrowing, not later than 1:00 2:00 p.m., New York City time, on the date of the one Business Day before a proposed Borrowing. Each such Borrowing Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable (provided that any such notice may be conditioned on the effectiveness of the Closing Date) and shall specify the following information in compliance with Section 2.02information: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such Borrowing; (c) the date of such Borrowing, which shall be a Business Day; (di) whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing or a Eurodollar Borrowing; (eii) the date of such Borrowing (which shall be a Business Day); (iii) the location and wire instructions for the account of the Borrower to which such funds shall be delivered (which, for the Borrowing on the Closing Date, may be attached in the case form of a funds flow); (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, the initial Interest Period to be applicable with respect thereto; provided that, which shall be a period contemplated by the definition of “Interest Period”; (f) the location and number of the Borrower’s account to which funds are to be disbursednotwithstanding any contrary specification in any Borrowing Request, which each requested Borrowing shall comply with the requirements of Section 2.02(c) and (g) if and to the extent required under Section 4.01, that the conditions set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the notice2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any requested Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, the The Administrative Agent shall promptly advise each Lender the applicable Lenders of any Borrowing Request given pursuant to this Section (and the details thereof contents thereof), and of the amount of such each Lender’s Loan to be made as part portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Seven Oaks Acquisition Corp.)

Borrowing Procedure. To In order to request a Revolving Borrowing or Term Borrowing, the Borrower shall deliver, by hand delivery deliver or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Request for Credit Extension telecopy to the Administrative Agent a duly completed Borrowing Request substantially in the form of Exhibit C (ia) in the case of a Eurodollar Borrowing, not later than 1:00 p.m.12:00 (noon), New York City time, three Business Days before the date of the a proposed Borrowing Borrowing, and (or, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (iib) in the case of an ABR Borrowing, not later than 1:00 p.m.12:00 noon, New York City time, one Business Day before a proposed Borrowing; PROVIDED, HOWEVER, that Borrowing Requests with respect to Borrowings to be made on the Effectiveness Date may, at the discretion of the Administrative Agent, be delivered later than the times specified above and Borrowing Requests with respect to Tranche A Reimbursement Borrowings being made to reimburse any Tranche A L/C Disbursement may be delivered by no later than 12:00 (noon), New York City time, on the date of the proposed such Borrowing. Each Borrowing Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable irrevocable, shall be signed by or on behalf of the Borrower and shall specify the following information in compliance with Section 2.02information: (ai) whether the Borrowing then being requested is to be a Term Borrowing, a Tranche A Reimbursement Borrowing or a Revolving Credit Borrowing (and in the case of a Term Borrowing the Commitments pursuant to which the Loans comprising such Borrowing are to be made), and whether such Borrowing is to be a Eurodollar Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such an ABR Borrowing; (cii) the date of such Borrowing, Borrowing (which shall be a Business Day; ), (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (eiii) in the case of a Eurodollar BorrowingBorrowing the proceeds of which are to be received by the Borrower, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”; (f) the number and location and number of the Borrower’s account to which funds are to be disbursed, disbursed (which shall comply be an account that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing; and (gv) if and such Borrowing is to be a Eurodollar Borrowing, the extent required under Section 4.01Interest Period with respect thereto; PROVIDED, that HOWEVER, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the conditions requirements set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the notice2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any requested Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Promptly following receipt The Administrative Agent shall promptly (and in any event on the same day that the Administrative Agent receives such notice, if received by 1:00 p.m., New York City time, on such day) advise the applicable Lenders of any notice given pursuant to this Section 2.03 and of each Lender's portion of the requested Borrowing. If the Borrower shall not have delivered a Borrowing Request for Credit Extension in accordance with this Section 2.032.03 prior to the end of the Interest Period then in effect for any Revolving Credit Borrowing requesting that such Borrowing be refinanced, then the Borrower shall (unless the Borrower has notified the Administrative Agent shall advise each Lender of Agent, not less than three Business Days prior to the details thereof and of the amount end of such Lender’s Loan Interest Period, that such Borrowing is to be made as part repaid at the end of the requested such Interest Period) be deemed to have delivered a Borrowing Request requesting that such Borrowing be refinanced with a new Borrowing of equivalent amount, and such new Borrowing shall be an ABR Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Ucar International Inc)

Borrowing Procedure. To In order to request a Revolving Borrowing (other than a Swingline Loan or Term Borrowinga deemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.03 shall not apply), the Borrower shall deliver, by hand delivery or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Request for Credit Extension to notify the Administrative Agent of such request by telephone (ia) in the case of a Eurodollar Borrowing, not later than 1:00 p.m.12:00 (noon), New York City time, three Business Days before the date of the a proposed Borrowing Borrowing, and (or, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (iib) in the case of an ABR Borrowing, not later than 1:00 p.m.12:00 (noon), New York City time, on the date of the one Business Day before a proposed Borrowing. Each such telephonic Borrowing Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable irrevocable, and shall be confirmed promptly by hand delivery or fax to the Administrative Agent of a written Borrowing Request and shall specify the following information in compliance with Section 2.02information: (ai) whether the Borrowing then being requested is to be an Extended Term Borrowing, a Non-Extended Delayed Draw Term Borrowing, a Non-Extended Funded Term Borrowing, an Incremental Term Borrowing or a Revolving Credit Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such an ABR Borrowing; (cii) the date of such Borrowing, Borrowing (which shall be a Business Day); (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”; (fiii) the number and location and number of the Borrower’s account to which funds are to be disbursed; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, which the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements of Section 2.02(c) and (g) if and to the extent required under Section 4.01, that the conditions set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the notice2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any requested Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, the The Administrative Agent shall promptly advise each Lender the applicable Lenders of any notice given pursuant to this Section 2.03 (and the details thereof contents thereof), and of the amount of such each Lender’s Loan to be made as part portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Community Health Systems Inc)

Borrowing Procedure. To request By delivery of a Revolving Borrowing Request to the Agent on or Term Borrowingbefore 11:00 a.m., New York City time, on any day, the Borrower shall deliver, by hand delivery or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by may request that the Administrative Agent), Bridge Loan be made on such day. By delivering a duly completed and executed Borrowing Request for Credit Extension to the Administrative Agent at the Agent's Atlanta Office on or before 11:00 a.m., New York City time, on a Business Day, the Borrower may (ia) request, on not less than one (1) Business Day's advance notice in the case of Base Rate Loans and not less than three (3) Business Days' advance notice in the case of Eurodollar Loans, that the Term Loan be made on the Merger Consummation Date; and (b) from time to time request, on not less than one (1) nor more than three (3) Business Days' notice, in the case of Base Rate Loans, and not less than three (3) nor more than five (5) Business Days' notice in the case of Eurodollar Loans, that a Borrowing of Revolving Loans be made on the Business Day specified in such Borrowing Request. Borrowings of Base Rate Loans shall be in a minimum aggregate amount equal to $250,000 and in integral multiples of $50,000 or, if less, the amount of the Revolving Loan Availability immediately prior to such Borrowing. Borrowings of Eurodollar BorrowingLoans shall be in a minimum aggregate amount of $500,000 and in integral multiples of $100,000. The Term Loan shall be made on the Merger Consummation Date, not later than 1:00 and each Revolving Loan shall be made on the Business Day specified in the Borrowing Request therefor, which Business Day shall be on or after the Merger Consummation Date. On such Business Day, each Lender shall, on or before 2:00 p.m., New York City time, three Business Days before the date of the proposed Borrowing (or, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (ii) in the case of an ABR Borrowing, not later than 1:00 p.m., New York City time, on the date of the proposed Borrowing. Each Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable and shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such Borrowing; (c) the date of such Borrowing, which shall be a Business Day; (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”; (f) the location and number of the Borrower’s account to which deposit same day funds are to be disbursed, which shall comply with the requirements of Section 2.02(c) and (g) if and Agent in an amount equal to the extent required under Section 4.01, that the conditions set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the notice. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any requested Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part 's Percentage of the requested Borrowing, such deposit to be made to such account as the Agent shall specify from time to time by notice to the Lenders. The proceeds of all Borrowings shall be made available to the Borrower by wire transfer of such proceeds to such transferees, or to such accounts of the Borrower, as the Borrower shall have specified in the Borrowing Request therefor; provided, however, that in each case the Agent shall be required to make available to the Borrower the proceeds of any Borrowing only to the extent received by it in same day funds from the Lenders. No Lender's obligation to make any Loan shall be affected by any other Lender's failure to make any Loan.

Appears in 1 contract

Samples: Credit Agreement (Internationale Nederlanden Capital Corp)

Borrowing Procedure. To (a) In order to request a Revolving Borrowing or Term Borrowing, the applicable Borrower shall deliver, by hand delivery or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Request for Credit Extension give telephonic notice to the Administrative Agent (iconfirmed by hand delivery or telecopy of a duly completed Borrowing Request in the form of Exhibit A), (a) in the case of a Eurodollar Eurocurrency Borrowing, not later than 1:00 p.m.12:00 noon, New York City London time, three Business Days before the date of the a proposed Borrowing borrowing and (or, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (iib) in the case of an ABR Borrowing, not later than 1:00 p.m.11:00 a.m., New York City time, on the date Business Day of the a proposed Borrowingborrowing. Each Request for Credit Extension for a Revolving Loan or a Term Loan Such notice shall be irrevocable and shall in each case specify (i) in the following information in compliance with Section 2.02: (a) case of a Borrowing on the Effective Date, whether the requested Borrowing is to be a Term Borrowing of or a Revolving Loans Borrowing, (ii) whether the Borrowing then being requested is to be a Eurocurrency Borrowing or Term Loans; an ABR Borrowing, (b) the aggregate amount of such Borrowing; (ciii) the date of such Borrowing, Borrowing (which shall be a Business Day; ), (div) whether the aggregate principal amount of such Borrowing, (v) the currency of such Borrowing (which, in the case of an ABR Revolving Borrowing, shall be Dollars) and (vi) if such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Eurocurrency Borrowing, the initial Interest Period with respect thereto. If no election as to be the currency of a Eurocurrency Revolving Borrowing is specified in any Borrowing Request, then the applicable thereto, which Revolving Borrower shall be deemed to have requested a period contemplated by the definition of “Interest Period”; (f) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.02(c) and (g) if and to the extent required under Section 4.01, that the conditions set forth Revolving Borrowing in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the noticeDollars. If no election as to the Type of Revolving Borrowing is specified in any such noticespecified, then the requested Revolving Borrowing shall be an ABR BorrowingRevolving Borrowing if denominated in Dollars or a Eurocurrency Revolving Borrowing if denominated in the Alternative Currency. If no Interest Period with respect to any requested Eurodollar Eurocurrency Revolving Borrowing is specified in any such noticespecified, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Sothebys Holdings Inc)

Borrowing Procedure. To In order to request a Revolving Borrowing (other than a Swingline Loan, an A/C Fronted Loan or Term Borrowinga deemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.03 shall not apply), the applicable Borrower shall deliver, by hand delivery deliver or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Request for Credit Extension fax to the Administrative Agent a duly completed Borrowing Request (ior telephone the Administrative Agent, promptly confirmed with a written and duly completed Borrowing Request) (a) in the case of a Eurodollar Eurocurrency Borrowing (other than an Alternative Currency Borrowing), not later than 12:00 (noon), Local Time, three Business Days before a proposed Borrowing, (b) in the case of an Alternative Currency Borrowing, not later than 1:00 p.m.12:00 (noon), New York City timeLocal Time, three Business Days before the date of the proposed Borrowing and (or, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (iic) in the case of an ABR Borrowing, not later than 1:00 p.m., New York City time, on the date of the one Business Day before a proposed Borrowing. Each Borrowing Request for Credit Extension for (including a Revolving Loan or a Term Loan telephonic Borrowing Request) shall be irrevocable irrevocable, shall be signed by or on behalf of such Borrower and shall specify the following information in compliance with Section 2.02information: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such Borrowing; (c) the date of such Borrowing, which shall be a Business Day; (di) whether such Borrowing is to be an ABR a Term Borrowing, a Domestic Revolving Credit Borrowing or a Eurodollar Multicurrency Revolving Credit Borrowing, (ii) if such Borrowing is to be a Multicurrency Revolving Credit Borrowing, whether such Borrowing is to be a Dollar Borrowing or an Alternative Currency Borrowing; (eiii) in the case of a Eurodollar Borrowing, the initial Interest Period if such Borrowing is to be applicable theretodenominated in dollars, whether it is to be a Eurocurrency Borrowing or an ABR Borrowing; (iv) the date of such Borrowing (which shall be a period contemplated by the definition of “Interest Period”Business Day); (fv) the number and location and number of the Borrower’s account to which funds are to be disbursed, disbursed (which shall comply be an account that complies with the requirements of Section 2.02(c)); (vi) the amount of such Borrowing (which shall be specified in dollars, even if such Borrowing is to be made in an Alternative Currency); (vii) if such Borrowing is to be an Alternative Currency Borrowing, the Alternative Currency of such Borrowing; and (gviii) if and such Borrowing is to be a Eurocurrency Borrowing, the extent required under Section 4.01initial Interest Period with respect thereto; provided, that however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the conditions requirements set forth in clauses (a) Section 2.02. If no election is made as to whether a Revolving Credit Borrowing is to be a Domestic Revolving Credit Borrowing or a Multicurrency Revolving Credit Borrowing, then such Borrowing shall be deemed to be a Domestic Revolving Credit Borrowing if denominated in dollars and (b) a Multicurrency Revolving Credit Borrowing if denominated in an Alternative Currency. If no election as to the currency of Section 4.01 are satisfied as of Borrowing is specified in any such notice, then the date of the noticerequested Borrowing shall be denominated in dollars. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR BorrowingBorrowing if denominated in dollars or a Eurocurrency Borrowing if denominated in an Alternative Currency. If no Interest Period with respect to any requested Eurodollar Eurocurrency Borrowing is specified in any such notice, then the such Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, the The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), of each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part 's portion of the requested BorrowingBorrowing and the account to which Loans made in connection with the requested Borrowing are to be wired.

Appears in 1 contract

Samples: Credit (Terex Corp)

Borrowing Procedure. To In order to request a Revolving Borrowing (other than a Swingline Loan, an Australian Fronted Loan or Term Borrowinga deemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.03 shall not apply), the applicable Borrower shall deliver, by hand delivery deliver or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Request for Credit Extension fax to the Administrative Agent a duly completed Borrowing Request (ior telephone the Administrative Agent, promptly confirmed with a written and duly completed Borrowing Request) (a) in the case of a Eurodollar Eurocurrency Borrowing (other than an Alternative Currency Borrowing), not later than 12:00 (noon), Local Time, three Business Days before a proposed Borrowing, (b) in the case of an Alternative Currency Borrowing, not later than 1:00 p.m.12:00 (noon), New York City timeLocal Time, three Business Days before the date of the proposed Borrowing and (or, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (iic) in the case of an ABR Borrowing, not later than 1:00 p.m., New York City time, on the date of the one Business Day before a proposed Borrowing. Each Borrowing Request for Credit Extension for (including a Revolving Loan or a Term Loan telephonic Borrowing Request) shall be irrevocable irrevocable, shall be signed by or on behalf of such Borrower and shall specify the following information in compliance with Section 2.02information: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such Borrowing; (c) the date of such Borrowing, which shall be a Business Day; (di) whether such Borrowing is to be an ABR a U.S. Term Borrowing, a Euro Term Borrowing, a Domestic Revolving Credit Borrowing or a Eurodollar Multicurrency Revolving Credit Borrowing, (ii) if such Borrowing is to be a Multicurrency Revolving Credit Borrowing, whether such Borrowing is to be a Dollar Borrowing or an Alternative Currency Borrowing; (eiii) in the case of a Eurodollar Borrowing, the initial Interest Period if such Borrowing is to be applicable theretodenominated in dollars, whether it is to be a Eurocurrency Borrowing or an ABR Borrowing; (iv) the date of such Borrowing (which shall be a period contemplated by the definition of “Interest Period”Business Day); (fv) the number and location and number of the Borrower’s account to which funds are to be disbursed, disbursed (which shall comply be an account that complies with the requirements of Section 2.02(c)); (vi) the amount of such Borrowing; (vii) if such Borrowing is to be an Alternative Currency Borrowing (other than a Euro Term Borrowing), the Alternative Currency of such Borrowing; and (gviii) if and such Borrowing is to be a Eurocurrency Borrowing, the extent required under Section 4.01initial Interest Period with respect thereto; provided, that however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the conditions requirements set forth in clauses Section 2.02. If no election is made as to whether a Revolving Credit Borrowing is to be a Domestic Revolving Credit Borrowing or a 50 Multicurrency Revolving Credit Borrowing, then such Borrowing shall be deemed to be a Domestic Revolving Credit Borrowing if denominated in dollars and a Multicurrency Revolving Credit Borrowing if denominated in an Alternative Currency. If no election as to the currency of a Borrowing is specified in any such notice, then the requested Borrowing shall be denominated in dollars (a) and (b) of Section 4.01 are satisfied as of the date of the noticeother than any requested Euro Term Borrowing, which shall be denominated in Euro). If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR BorrowingBorrowing if denominated in dollars or a Eurocurrency Borrowing if denominated in an Alternative Currency. If no Interest Period with respect to any requested Eurodollar Eurocurrency Borrowing is specified in any such notice, then the such Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, the The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), of each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part portion of the requested BorrowingBorrowing and the account to which Loans made in connection with the requested Borrowing are to be wired.

Appears in 1 contract

Samples: Credit (Terex Corp)

Borrowing Procedure. To In order to request a Revolving Borrowing or Term Borrowing(other than a deemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.03 shall not apply), the Borrower shall deliver, by hand delivery deliver or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Request for Credit Extension fax to the Administrative Agent a duly completed Borrowing Request (ia) in the case of a Eurodollar Borrowing, not later than 1:00 p.m.11:00 a.m., New York City time, three Business Days before the date of the a proposed Borrowing Borrowing, and (or, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (iib) in the case of an ABR Borrowing, not later than 1:00 p.m.12:00 noon, New York City time, on the date of the one Business Day before a proposed Borrowing. Each Borrowing Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable irrevocable, shall be signed by or on behalf of the Borrower and shall specify the following information in compliance with Section 2.02information: (ai) whether the Borrowing then being requested is to be a Term Borrowing or a Revolving Credit Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such an ABR Borrowing; (cii) the date of such Borrowing, Borrowing (which shall be a Business Day; ), (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”; (fiii) the number and location and number of the Borrower’s account to which funds are to be disbursed, disbursed (which shall comply be an account that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing; and (gv) if and such Borrowing is to be a Eurodollar Borrowing, the extent required under Section 4.01Interest Period with respect thereto; provided, that however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the conditions requirements set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the notice2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any requested Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, the The Administrative Agent shall promptly advise each Lender the applicable Lenders of any notice given pursuant to this Section 2.03 (and the details thereof contents thereof), and of the amount of such each Lender’s Loan to be made as part 's portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Citadel Communications Corp)

Borrowing Procedure. To In order to request a Revolving Borrowing or Term Borrowing, the Borrower shall deliver, by hand delivery or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Request for Credit Extension to notify the Administrative Agent of such request by telephone (ia) in the case of a Eurodollar Borrowing, not later than 1:00 2:00 p.m., New York City time, three Business Days before the date of the a proposed Borrowing Borrowing, and (or, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (iib) in the case of an ABR Borrowing, not later than 1:00 2:00 p.m., New York City time, on the date of the one Business Day before a proposed Borrowing. Each such telephonic Borrowing Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable irrevocable, and shall be confirmed promptly by hand delivery or fax to the Administrative Agent of a written Borrowing Request and shall specify the following information in compliance with Section 2.02information: (ai) whether the Borrowing then being requested is to be a Term Borrowing or an Incremental Term Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing (provided that, until the Administrative Agent shall have notified the Borrower that the primary syndication of the Commitments has been completed (which notice shall be given as promptly as practicable and, in any event, within 21 days after the Closing Date), the Borrower shall not be permitted to request a Eurodollar Borrowing of Revolving Loans or Term Loansmore than one month's duration); (b) the aggregate amount of such Borrowing; (cii) the date of such Borrowing, Borrowing (which shall be a Business Day); (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”; (fiii) the number and location and number of the Borrower’s account to which funds are to be disbursed; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, which the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements of Section 2.02(c) and (g) if and to the extent required under Section 4.01, that the conditions set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the notice2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any requested Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, the The Administrative Agent shall promptly advise each Lender the applicable Lenders of any notice given pursuant to this Section 2.03 (and the details thereof contents thereof), and of the amount of such each Lender’s Loan to be made as part 's portion of the requested Borrowing.

Appears in 1 contract

Samples: Second Lien Credit Agreement (Panavision Inc)

Borrowing Procedure. To In order to request a Revolving Borrowing (other than a Swingline Loan or Term Borrowinga deemed Borrowing pursuant to Section 2.02(f) or 2.02(g), as to which this Section 2.03 shall not apply), the Borrower shall deliver, by hand delivery or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved notify the Administrative Agent of such request either in writing by the Administrative Agent), delivery of a duly completed and executed Borrowing Request for Credit Extension to the Administrative Agent (iby hand or facsimile) or by telephone not later than (a) in the case of a Eurodollar Borrowing, not later than 1:00 p.m.12:00 (noon), New York City time, three Business Days before the date of the a proposed Borrowing Borrowing, and (or, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (iib) in the case of an ABR Borrowing, not later than 1:00 p.m.12:00 (noon), New York City time, on the date of the one Business Day before a proposed Borrowing. Each A telephonic Borrowing Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable and shall be confirmed promptly by hand delivery or facsimile to the Administrative Agent of a duly completed written Borrowing Request. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02information: (ai) whether the Borrowing then being requested is to be a Term Borrowing or a Revolving Credit Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such an ABR Borrowing; (cii) the date of such Borrowing, Borrowing (which shall be a Business Day); (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”; (fiii) the number and location and number of the Borrower’s account to which funds are to be disbursed, disbursed (which shall comply be an account that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing; and (gv) if and such Borrowing is to be a Eurodollar Borrowing, the extent required under Section 4.01Interest Period with respect thereto; provided, that however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the conditions requirements set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the notice2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any requested Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, the The Administrative Agent shall promptly advise each Lender the applicable Lenders of any notice given pursuant to this Section 2.03 (and the details thereof contents thereof), and of the amount of such each Lender’s Loan to be made as part portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Ryan's Restaurant Leasing Company, LLC)

Borrowing Procedure. To In order to request a Revolving Borrowing or Term Borrowing, the a Borrower shall deliver, by hand delivery deliver or send via facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by to the Administrative Agent), Agent a duly completed and executed Borrowing Request for Credit Extension to the Administrative Agent (i) in the case of a Eurodollar Borrowing, not later than 1:00 p.m.11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing (orsuch Borrowing, in the case of the initial extension of credit on the Closing Date, one Business Day before) or and (ii) in the case of an ABR Borrowing, not later than 1:00 p.m.11:00 a.m., New York City time, on the date of the proposed one Business Day before such Borrowing. Each Request for Credit Extension for a Revolving Loan or a Term Loan Such notice shall be irrevocable and shall in each case specify the following information in compliance with Section 2.02: (aA) whether the Borrowing then being requested Borrowing is to be a Eurodollar Borrowing of Revolving Loans or Term Loans; an ABR Borrowing, (bB) the aggregate amount Tranche of such Borrowing; , (cC) the date of such Borrowing, Borrowing (which shall be a Business Day; ) and the amount thereof, and (dD) whether if such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable with respect thereto, which shall be a period contemplated by not end after the definition of “Interest Period”; (f) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.02(c) and (g) if and to the extent required under Section 4.01, that the conditions set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the noticeApplicable Commitment Termination Date. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be deemed an ABR Borrowing. If no Interest Period with respect to any requested Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration's duration (subject to the limitations set forth in the definition of "Interest Period"). Promptly following receipt of If a Request for Credit Extension Borrower shall not have given notice in accordance with this Section 2.03of its election to refinance a Borrowing prior to the end of the Interest Period in effect for such Borrowing, then such Borrower shall (unless such Borrowing is repaid at the Administrative end of such Interest Period) be deemed to have given notice of an election to refinance such Borrowing with an ABR Borrowing. Notwithstanding any other provision of this Agreement to the contrary, no Borrowing shall be requested if the Interest Period with respect thereto would end after the Applicable Commitment Termination Date. The Agent shall promptly advise each Lender the Lenders of the details thereof any notice given pursuant to this Section and of the amount of such each Lender’s Loan to be made as part 's portion of the requested Borrowing.

Appears in 1 contract

Samples: Revolving Credit Agreement (Txu Corp /Tx/)

Borrowing Procedure. To In order to request a Revolving Borrowing or Term Borrowing, the Borrower shall deliver, by hand delivery or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Request for Credit Extension to notify the Administrative Agent of such request by telephone (ia) in the case of a Eurodollar Borrowing, not later than 1:00 p.m., New York City time, three Business Days before the date of the a proposed Borrowing (or, in the case of the initial extension of credit on the Closing Date, one Business Day before) or prior to the proposed Borrowing), and (iib) in the case of an ABR Borrowing, not later than 1:00 p.m., New York City time, on the date of the one Business Day before a proposed Borrowing. Each such telephonic Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable irrevocable, and shall be confirmed promptly by hand delivery or fax to the Administrative Agent of a written Request for Credit Extension and shall specify the following information in compliance with Section 2.02information: (ai) the Class of Loans to be borrowed and whether the requested such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing (provided that, until the Administrative Agent shall have notified the Borrower that the primary syndication of Revolving Loans or Term Loansthe Commitments has been completed (which notice shall be given as promptly as practicable and, in any event, within 30 days after the Closing Date), the Borrower shall not be permitted to request a Eurodollar Borrowing with an Interest Period in excess of one month); (b) the aggregate amount of such Borrowing; (cii) the date of such Borrowing, Borrowing (which shall be a Business Day); (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”; (fiii) the number and location and number of the Borrower’s account to which funds are to be disbursed; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, which the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Request for Credit Extension, each requested Borrowing shall comply with the requirements of Section 2.02(c) and (g) if and to the extent required under Section 4.01, that the conditions set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the notice2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any requested Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, the The Administrative Agent shall promptly advise each Lender the applicable Lenders of any notice given pursuant to this Section 2.03 (and the details thereof contents thereof), and of the amount of such each Lender’s Loan to be made as part portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (YRC Worldwide Inc.)

Borrowing Procedure. To In order to request a Revolving Borrowing or Term Borrowing(other than a deemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.03 shall not apply), the Borrower shall deliver, by hand delivery or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Request for Credit Extension to notify the Administrative Agent of such request by telephone (ia) in the case of a Eurodollar Borrowing, not later than 1:00 p.m.12:00 (noon), New York City time, three Business Days before the date of the a proposed Borrowing Borrowing, and (or, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (iib) in the case of an ABR Borrowing, not later than 1:00 p.m.11:00 a.m., New York City time, on the date day of the a proposed Borrowing; provided that the request for the initial Borrowings of 2019 Term A Loans, 2017 Term E Loans and 2021 Term D Loans on the Third Restatement Effective Date may be made not later than the time specified therefor by the Administrative Agent. Each such telephonic Borrowing Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable irrevocable, and shall be confirmed promptly by hand delivery or fax to the Administrative Agent of a written Borrowing Request and shall specify the following information in compliance with Section 2.02information: (ai) whether the Borrowing then being requested is to be a 2019 Term A Borrowing, a 2017 Term E Loan Borrowing, a 2021 Term D Borrowing, an Incremental Term Borrowing or a Revolving Credit Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such an ABR Borrowing; (cii) the date of such Borrowing, Borrowing (which shall be a Business Day); (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”; (fiii) the number and location and number of the Borrower’s account to which funds are to be disbursed; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, which the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements of Section 2.02(c) and (g) if and to the extent required under Section 4.01, that the conditions set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the notice2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any requested Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, the The Administrative Agent shall promptly advise each Lender the applicable Lenders of any notice given pursuant to this Section 2.03 (and the details thereof contents thereof), and of the amount of such each Lender’s Loan to be made as part portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Community Health Systems Inc)

Borrowing Procedure. To In order to request a Revolving Borrowing or Term Borrowing, the Borrower shall deliver, by hand delivery deliver or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Request for Credit Extension telecopy to the Administrative Agent a duly completed Borrowing Request (ia) in the case of a Eurodollar Borrowing, not later than 1:00 1:45 p.m., New York City time, three Business Days before the date of the a proposed Borrowing Borrowing, and (or, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (iib) in the case of an ABR Borrowing, not later than 1:00 2:00 p.m., New York City time, one Business Day before a proposed Borrowing; PROVIDED that in the case of an ABR Borrowing the Borrower may deliver a duly completed Borrowing Request to the Administrative Agent not later than 2:00 p.m., New York City time, on the date day of a proposed Borrowing so long as the aggregate amount of Loans made pursuant to such same day Borrowing Requests does not exceed $10,000,000 on any single day. Each Borrowing Request shall be irrevocable, shall be signed by or on behalf of the proposed Borrowing. Each Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable Borrower and shall specify the following information in compliance with Section 2.02information: (ai) whether the Borrowing then being requested Borrowing is to be a Eurodollar Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such an ABR Borrowing; (cii) the date of such Borrowing, Borrowing (which shall be a Business Day; ), (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”; (fiii) the number and location and number of the Borrower’s account to which funds are to be disbursed, disbursed (which shall comply be an account that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing; and (gv) if and such Borrowing is to be a Eurodollar Borrowing, the extent required under Section 4.01Interest Period with respect thereto; PROVIDED, that HOWEVER, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the conditions requirements set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the notice2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any requested Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, the The Administrative Agent shall promptly advise each Lender the Lenders of any notice given pursuant to this Section 2.03 (and the details thereof contents thereof), and of the amount of such each Lender’s Loan to be made as part 's portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Castle & Cooke Inc/Hi/)

Borrowing Procedure. To request In order to effect a Revolving Borrowing or Term Borrowing, the Borrower shall deliver, by hand delivery deliver or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Request for Credit Extension telecopy to the Administrative Agent a Borrowing Request in the form of Exhibit F (ia) in the case of a Eurodollar LIBOR Borrowing, not later than 1:00 p.m.12:00 (noon), New York City time, three Business Days before the date of the a proposed Borrowing Borrowing, and (or, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (iib) in the case of an ABR Borrowing, not later than 1:00 p.m.12:00 (noon), New York City time, on the date day of the a proposed Borrowing. Each Such Borrowing Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable and shall in each case specify the following information in compliance with Section 2.02: (a) whether the Borrowing then being requested Borrowing is to be a LIBOR Borrowing of Revolving Loans or Term Loans; an ABR Borrowing, (b) the aggregate amount of such Borrowing; (c) the date of such Borrowing, Borrowing (which shall be a Business Day; ) and the amount thereof and (dc) whether if such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar LIBOR Borrowing, the initial Interest Period to be applicable with respect thereto, which shall be a period contemplated by the definition of “Interest Period”; (f) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.02(c) and (g) if and to the extent required under Section 4.01, that the conditions set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the notice. If no election as to the Interest Rate Type of a Borrowing is specified in any such noticeBorrowing Request, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any requested Eurodollar LIBOR Borrowing is specified in any such noticeBorrowing Request, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Promptly following receipt of If the Borrower shall not have given a Borrowing Request for Credit Extension in accordance with this Section 2.032.5 of its election to refinance a Borrowing prior to the end of the Interest Period in effect for such Borrowing, then the Borrower shall (unless such Borrowing is repaid at the end of such Interest Period) be deemed to have given notice of an election to refinance such Borrowing with an ABR Borrowing. The Administrative Agent shall promptly advise each Lender the Lenders of the details thereof any notice given pursuant to this Section 2.5 and of the amount of such each Lender’s Loan to be made as part 's portion of the requested Borrowing.

Appears in 1 contract

Samples: Term Loan Agreement (Cendant Corp)

Borrowing Procedure. To In order to request a Revolving Borrowing (other than a Swingline Loan or Term Borrowinga deemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.03 shall not apply), the Borrower shall deliver, by hand delivery or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Request for Credit Extension to notify the Administrative Agent of such request by telephone (ia) in the case of a Eurodollar Borrowing, not later than 1:00 2:00 p.m., New York City time, three Business Days before the date of the a proposed Borrowing Borrowing, and (or, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (iib) in the case of an ABR Borrowing, not later than 1:00 2:00 p.m., New York City time, on the date of the one Business Day before a proposed Borrowing. Each such telephonic Borrowing Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable irrevocable, and shall be confirmed promptly by hand delivery or fax to the Administrative Agent of a written Borrowing Request and shall specify the following information in compliance with Section 2.02information: (ai) whether the Borrowing then being requested is to be a Term Borrowing, an Incremental Term Borrowing or a Revolving Credit Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing (provided that, until the Administrative Agent shall have notified the Borrower that the primary syndication of the Commitments has been completed (which notice shall be given as promptly as practicable and, in any event, within 21 days after the Closing Date), the Borrower shall not be permitted to request a Eurodollar Borrowing of Revolving Loans or Term Loansmore than one month's duration); (b) the aggregate amount of such Borrowing; (cii) the date of such Borrowing, Borrowing (which shall be a Business Day); (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”; (fiii) the number and location and number of the Borrower’s account to which funds are to be disbursed; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, which the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements of Section 2.02(c) and (g) if and to the extent required under Section 4.01, that the conditions set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the notice2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any requested Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, the The Administrative Agent shall promptly advise each Lender the applicable Lenders of any notice given pursuant to this Section 2.03 (and the details thereof contents thereof), and of the amount of such each Lender’s Loan to be made as part 's portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Panavision Inc)

Borrowing Procedure. To In order to request a Revolving Borrowing or Term Borrowing, the Borrower shall deliver, by hand delivery deliver or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Request for Credit Extension telecopy to the Administrative Agent a duly completed Borrowing Request substantially in the form of Exhibit C (ia) in the case of a Eurodollar Borrowing, not later than 1:00 p.m.12:00 (noon), New York City time, three Business Days before the date of the a proposed Borrowing Borrowing, and (or, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (iib) in the case of an ABR Borrowing, not later than 1:00 p.m.37 12:00 noon, New York City time, one Business Day before a proposed Borrowing; provided, however, that Borrowing Requests with respect to Borrowings to be made on the date Closing Date may, at the discretion of the proposed BorrowingAdministrative Agent, be delivered later than the times specified above. Each Borrowing Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable irrevocable, shall be signed by or on behalf of the Borrower and shall specify the following information in compliance with Section 2.02information: (ai) whether the Borrowing then being requested is to be a Term Borrowing or a Revolving Credit Borrowing (and, in the case of a Term Borrowing, the Commitments pursuant to which the Loans comprising such Borrowing are to be made), and whether such Borrowing is to be a Eurodollar Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such an ABR Borrowing; (cii) the date of such Borrowing, Borrowing (which shall be a Business Day), (iii) the amount of such Borrowing; and (div) whether if such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable with respect thereto; provided, which shall be a period contemplated by the definition of “Interest Period”; (f) the location and number of the Borrower’s account to which funds are to be disbursedhowever, which that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements of Section 2.02(c) and (g) if and to the extent required under Section 4.01, that the conditions set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the notice2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any requested Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Promptly following receipt The Administrative Agent shall promptly (and in any event on the same day that the Administrative Agent receives such notice, if received by 1:00 p.m., New York City time, on such day) advise the applicable Lenders of any notice given pursuant to this Section 2.03 and of each Lender's portion of the requested Borrowing. If the Borrower shall not have delivered a Borrowing Request for Credit Extension in accordance with this Section 2.032.03 prior to the end of the Interest Period then in effect for any Revolving Credit Borrowing requesting that such Borrowing be refinanced, then the Borrower shall (unless the Borrower has notified the Administrative Agent shall advise each Lender of Agent, not less than three Business Days prior to the details thereof and of the amount end of such Lender’s Loan Interest Period, that such Borrowing is to be made as part repaid at the end of the requested such Interest Period) be deemed to have delivered a Borrowing Request requesting that such Borrowing be refinanced with a new Borrowing of equivalent amount, and such new Borrowing shall be an ABR Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Commnet Cellular Inc)

Borrowing Procedure. To request a Revolving Borrowing or Term Borrowing, the Borrower shall deliver, by hand delivery or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Request for Credit Extension to the Administrative Agent (ia) in In the case of Expansion Facility Loans, by delivering a Eurodollar Borrowing, not later than Borrowing Request to the Agent's office on or before 1:00 p.m., New York City time, three at least two (2) Business Days before the date in advance of the proposed requested borrowing date, the Borrower may from time to time request that a Borrowing (of Expansion Facility Loans be made on the Business Day specified in such Borrowing Request. Such Borrowings of Expansion Facility Loans shall be in a minimum aggregate amount equal to $500,000 and in integral multiples of $100,000 or, if less, the amount of the Expansion Facility Availability immediately prior to such Borrowing. Each Borrowing shall be made on the Business Day specified in the case of Borrowing Request therefor (including the initial extension of credit Borrowing to be made on the Closing Date, one if any). On such Business Day before) Day, each Lender shall, on or (ii) in the case of an ABR Borrowing, not later than 1:00 before 3:00 p.m., New York City time, on deposit same day funds with the date of Agent in the proposed Borrowing. Each Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable and shall specify the following information in compliance with Section 2.02: (a) whether the requested Borrowing is amount equal to be a Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such Borrowing; (c) the date Lender's Expansion Facility Percentage of such Borrowing, which such deposit to be made to such account as the Agent shall specify from time to time by notice to the Lenders. On the Business Day specified by the Borrower in the Borrowing Request, the proceeds of such Borrowing shall be a Business Day; (d) whether made available to the Borrower by wire transfer of such Borrowing is proceeds to be an ABR Borrowing such transferees, or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”; (f) the location and number such accounts of the Borrower’s account , as the Borrower shall have specified in the Borrowing Request therefor; provided, however, that in each case the Agent shall be required to which funds are make available to be disbursed, which shall comply with the requirements Borrower the proceeds of Section 2.02(c) and (g) if and any Borrowing only to the extent required under Section 4.01, that received by it in same day funds from the conditions set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the noticeLenders. If no election as No Lender's obligation to the Type of Borrowing is specified in make any such notice, then the requested Borrowing Expansion Facility Loan shall be an ABR Borrowing. If no Interest Period with respect affected by any other Lender's failure to make any requested Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested BorrowingExpansion Facility Loan.

Appears in 1 contract

Samples: Credit Agreement (Creative Host Services Inc)

Borrowing Procedure. To In order to request a Revolving Borrowing (other than a Swingline Loan or Term Borrowingdeemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.03 shall not apply), the Borrower shall deliver, by hand delivery deliver or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Request for Credit Extension telecopy to the Administrative Agent a duly completed Borrowing Request (ia) in the case of a Eurodollar Borrowing, not later than 1:00 p.m.11:00 a.m., New York City time, three Business Days before the date of the a proposed Borrowing Borrowing, and (or, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (iib) in the case of an ABR Borrowing, not later than 1:00 p.m.11:00 a.m., New York City time, on the date day of the a proposed Borrowing. Each Borrowing Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable irrevocable, shall be signed by or on behalf of the Borrower and shall specify the following information in compliance with Section 2.02information: (ai) whether the Borrowing then being requested is to be a Tranche A Term Borrowing, a Tranche B Term Borrowing or a Revolving Credit Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing (provided that until the Administrative Agent shall have notified the Borrower that the primary syndication of Revolving Loans or Term Loansthe Commitments has been completed (which notice shall be given as promptly as practicable and, in any event, within 14 days after the Closing Date), the Borrower shall not be permitted to request a Eurodollar Borrowing); (b) the aggregate amount of such Borrowing; (cii) the date of such Borrowing, Borrowing (which shall be a Business Day; ), (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”; (fiii) the number and location and number of the Borrower’s account to which funds are to be disbursed, disbursed (which shall comply be an account that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing; and (gv) if and such Borrowing is to be a Eurodollar Borrowing, the extent required under Section 4.01Interest Period with respect thereto; provided, that however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the conditions requirements set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the notice2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any requested Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, the The Administrative Agent shall promptly advise each Lender the applicable Lenders of any notice given pursuant to this Section 2.03 (and the details thereof contents thereof), and of the amount of such each Lender’s Loan to be made as part 's portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Fairchild Semiconductor International Inc)

Borrowing Procedure. To In order to request a Revolving Borrowing (other than a Swingline Loan, an A/C Fronted Loan or Term Borrowinga deemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.03 shall not apply), the applicable Borrower shall deliver, by hand delivery deliver or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Request for Credit Extension telecopy to the Administrative Agent a duly completed Borrowing Request (ior telephone the Administrative Agent, promptly confirmed with a written and duly completed Borrowing Request) (a) in the case of a Eurodollar Eurocurrency Borrowing (other than an Alternative Currency Borrowing), not later than 12:00 (noon), New York City time, three Business Days before a proposed Borrowing, (b) in the case of an Alternative Currency Borrowing, not later than 1:00 p.m.12:00 (noon), New York City timelocal time of the jurisdiction of such Alternative Currency, three Business Days before the date of the proposed Borrowing and (or, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (iic) in the case of an ABR Borrowing, not later than 1:00 p.m., New York City time, on the date of the one Business Day before a proposed Borrowing. Each Borrowing Request for Credit Extension for (including a Revolving Loan or a Term Loan telephonic Borrowing Request) shall be irrevocable irrevocable, shall be signed by or on behalf of such Borrower and shall specify the following information in compliance with Section 2.02information: (a) whether the requested Borrowing is to be a Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such Borrowing; (c) the date of such Borrowing, which shall be a Business Day; (di) whether such Borrowing is to be an ABR a Term Borrowing, a Domestic Revolving Credit Borrowing or a Eurodollar Multicurrency Revolving Credit Borrowing, (ii) if such Borrowing is to be a Multicurrency Revolving Credit Borrowing, whether such Borrowing is to be a Dollar Borrowing or an Alternative Currency Borrowing; (eiii) in the case of a Eurodollar Borrowing, the initial Interest Period if such Borrowing is to be applicable theretodenominated in dollars, whether it is to be a Eurocurrency Borrowing or an ABR Borrowing; (iv) the date of such Borrowing (which shall be a period contemplated by the definition of “Interest Period”Business Day); (fv) the number and location and number of the Borrower’s account to which funds are to be disbursed, disbursed (which shall comply be an account that complies with the requirements of Section 2.02(c)); (vi) the amount of such Borrowing (which shall be specified in dollars, even if such Borrowing is to be made in an Alternative Currency); (vii) if such Borrowing is to be an Alternative Currency Borrowing, the Alternative Currency of such Borrowing; and (gviii) if and such Borrowing is to be a Eurocurrency Borrowing, the extent required under Section 4.01initial Interest Period with respect thereto; provided, that however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the conditions requirements set forth in clauses (a) Section 2.02. If no election is made as to whether a Revolving Credit Borrowing is to be a Domestic Revolving Credit Borrowing or a Multicurrency Revolving Credit Borrowing, then such Borrowing shall be deemed to be a Domestic Revolving Credit Borrowing if denominated in dollars and (b) a Multicurrency Revolving Credit Borrowing if denominated in an Alternative Currency. If no election as to the currency of Borrowing is specified in any such notice, then the requested Borrowing shall be denominated in the only currency permitted to be borrowed by such Borrower pursuant to Section 4.01 are satisfied as of the date of the notice2.01. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR BorrowingBorrowing if denominated in dollars or a Eurocurrency Borrowing if denominated in an Alternative Currency. If no Interest Period with respect to any requested Eurodollar Eurocurrency Borrowing is specified in any such notice, then the such Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, the The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), of each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part 's portion of the requested BorrowingBorrowing and the account to which Loans made in connection with the requested Borrowing are to be wired.

Appears in 1 contract

Samples: Credit Agreement (Terex Corp)

Borrowing Procedure. To In order to request a Revolving Borrowing or Term Borrowing, the Borrower shall deliver, by hand delivery or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Request for Credit Extension to notify the Administrative Agent of such request by telephone (ia) in the case of a Eurodollar Borrowing, not later than 1:00 p.m.12:00 (noon)., New York City time, three Business Days (or such shorter period as permitted by the Administrative Agent in its sole discretion) before the date of the a proposed Borrowing Borrowing, and (or, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (iib) in the case of an ABR Borrowing, not later than 1:00 p.m.12:00 noon, New York City time, on one Business Day (or such shorter period as permitted by the date of the Administrative Agent in its sole discretion) before a proposed Borrowing. Each such telephonic Borrowing Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable irrevocable, and shall be confirmed promptly by hand delivery or fax to the Administrative Agent of a written Borrowing Request and shall specify the following information in compliance with Section 2.02information: (ai) whether the Borrowing then being requested is to be a First Out Term Borrowing, a Last Out Term Borrowing, an Incremental Last Out Term Borrowing or an Incremental Last Out Term Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing (provided that, until the Administrative Agent shall have notified the Borrower that the primary syndication of Revolving Loans or Term Loansthe Commitments has been completed (which notice shall be given as promptly as practicable and, in any event, within 30 days after the Closing Date), the Borrower shall not be permitted to request a Eurodollar Borrowing with an Interest Period in excess of one month); (b) the aggregate amount of such Borrowing; (cii) the date of such Borrowing, Borrowing (which shall be a Business Day); (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”; (fiii) the number and location and number of the Borrower’s account to which funds are to be disbursed; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, which the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements of Section 2.02(c) and (g) if and to the extent required under Section 4.01, that the conditions set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the notice2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any requested Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, the The Administrative Agent shall promptly advise each Lender the applicable Lenders of any notice given pursuant to this Section 2.03 (and the details thereof contents thereof), and of the amount of such each Lender’s Loan to be made as part portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Sportsman's Warehouse Holdings, Inc.)

Borrowing Procedure. To In order to request a Revolving Borrowing (other than a Swingline Loan or Term Borrowinga deemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.03 shall not apply), the relevant Borrower shall deliver, by hand delivery or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by notify the Administrative Agent), a duly completed and executed Request for Credit Extension Agent by telephone (promptly confirmed by fax) or shall hand deliver or fax to the Administrative Agent a duly completed Borrowing Request (ia) in the case of a Eurodollar Borrowing, not later than 1:00 p.m., New York City time, three Business Days before the date of the a proposed Borrowing and (or, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (iib) in the case of an ABR Borrowing, not later than 1:00 p.m., New York City time, on the date of the one Business Day before a proposed Borrowing. Each Borrowing Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable irrevocable, shall be signed by or on behalf of the relevant Borrower requesting the Borrowing and shall specify the following information in compliance with Section 2.02information: (ai) whether the Borrowing then being requested is to be a Term Borrowing or a Revolving Credit Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing (provided that the Borrowing to be made on the Closing Date shall be a Eurodollar Borrowing with an Interest Period of Revolving Loans or Term Loansone month and the Adjusted LIBO Rate therefor shall equal the higher of (x) the Adjusted LIBO Rate that would have been in effect for such date for a one-month Eurodollar Borrowing to be made on such date had notice thereof been given in accordance with this Section and (y) the Adjusted LIBO Rate that would have been in effect for a one-month Eurodollar Borrowing for value three Business Days after the Closing Date); (b) the aggregate amount of such Borrowing; (cii) the date of such Borrowing, Borrowing (which shall be a Business Day); (diii) whether the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing; and (v) if such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable with respect thereto; provided, which shall be a period contemplated by the definition of “Interest Period”; (f) the location and number of the Borrower’s account to which funds are to be disbursedhowever, which that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements of Section 2.02(c) and (g) if and to the extent required under Section 4.01, that the conditions set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the notice2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any requested Eurodollar Borrowing is specified in any such notice, then the relevant Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt The Administrative Agent shall promptly advise the applicable Lenders of a Request for Credit Extension any notice given in accordance with this Section 2.032.03 (and the contents thereof), the Administrative Agent shall advise each Lender of the details thereof and of the amount of such each Lender’s Loan to be made as part portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Angiotech Pharmaceuticals Inc)

Borrowing Procedure. To In order to request a Revolving Borrowing or Term Borrowing, the Borrower shall deliver, by hand delivery or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Request for Credit Extension to notify the Administrative Agent of such request by telephone (ia) in the case of a Eurodollar Borrowing, not later than 1:00 p.m., New York City time, three Business Days before the date of the a proposed Borrowing (or, solely in the case of the initial extension of credit a Eurodollar Borrowing on the Closing Date, one Business Day before) before such proposed Borrowing or such shorter period acceptable to the Administrative Agent), and (iib) in the case of an ABR Borrowing, not later than 1:00 p.m., New York City time, on the date day of the a proposed Borrowing. Each such telephonic Borrowing Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable irrevocable, and shall be confirmed promptly by hand delivery, fax or other electronic transmission to the Administrative Agent of a written Borrowing Request and shall specify the following information in compliance with Section 2.02information: (ai) whether the Borrowing then being requested is to be a Term Borrowing or an Incremental Term Borrowing is to be a Eurodollar Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such an ABR Borrowing; (cii) the date of such Borrowing, Borrowing (which shall be a Business Day); (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”; (fiii) the number and location and number of the Borrower’s account to which funds are to be disbursed; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, which the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements of Section 2.02(c) and (g) if and to the extent required under Section 4.01, that the conditions set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the notice2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any requested Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one three month’s duration. Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, the The Administrative Agent shall promptly advise each Lender the applicable Lenders of any notice given pursuant to this Section 2.03 (and the details thereof contents thereof), and of the amount of such each Lender’s Loan to be made as part portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (AAC Holdings, Inc.)

Borrowing Procedure. To In order to request a Revolving Borrowing or Term Borrowing(other than a Swingline Loan, as to which this Section 2.03 shall not apply), the Borrower applicable Borrower(s) shall deliver, by hand delivery hand-deliver or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Request for Credit Extension telecopy to the Administrative Agent a duly completed Borrowing Request (ia) in the case of a Eurodollar Borrowing, not later than 1:00 p.m.12:00 noon, New York City time, three Business Days before the date of the a proposed Borrowing Borrowing, and (or, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (iib) in the case of an ABR Borrowing, not later than 1:00 p.m.12:00 noon, New York City time, one Business Day before a proposed Borrowing, PROVIDED that any such notice of an ABR Borrowing to finance the reimbursement of an L/C Disbursement as contemplated by Section 2.20(e) may be given no later than 10:00 a.m. New York City time, on the date of the proposed Borrowing. Each Borrowing Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable irrevocable, shall be signed by or on behalf of the applicable Borrower(s) and shall specify the following information in compliance with Section 2.02information: (ai) whether the Borrowing then being requested Borrowing is to be a Eurodollar Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such an ABR Borrowing; (cii) the date of such Borrowing, Borrowing (which shall be a Business Day); (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”; (fiii) the number and location and number of the Borrower’s account to which funds are to be disbursed, disbursed (which shall comply be an account that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing; and (gv) if and such Borrowing is to be a Eurodollar Borrowing, the extent required under Section 4.01Interest Period with respect thereto; PROVIDED, that HOWEVER, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the conditions requirements set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the notice2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any requested Eurodollar Borrowing is specified in any such notice, then the Borrower such Borrower(s) shall be deemed to have selected an Interest Period of one month’s 's duration. Promptly following receipt The Administrative Agent shall promptly advise the Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender's portion of the requested Borrowing. If any Borrower shall not have delivered a Borrowing Request for Credit Extension in accordance with this Section 2.032.03 prior to the end of the Interest Period then in effect for any Borrowing and requesting that such Borrowing be refinanced, then such Borrower shall (unless such Borrower has notified the Administrative Agent shall advise each Lender of Agent, not less than three Business Days prior to the details thereof and of the amount end of such Lender’s Loan Interest Period, that such Borrowing is to be made as part repaid at the end of the requested such Interest Period) be deemed to have delivered a Borrowing Request requesting that such Borrowing be refinanced with a new Borrowing of equivalent amount, and such new Borrowing shall be an ABR Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Advantica Restaurant Group Inc)

Borrowing Procedure. To In order to request a Revolving Borrowing (other than a Swingline Loan, a deemed Borrowing pursuant to Section 2.02(f) or Term Borrowinga Loan made pursuant to Section 2.22(d) or Section 2.23(e), as to which this Section 2.03 shall not apply), the applicable Borrower shall deliver, by hand delivery or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Request for Credit Extension deliver to the Administrative Agent a duly completed Borrowing Request (ior telephone the Administrative Agent, promptly confirmed with a written (including by telecopy) and duly completed Borrowing Request) (a) in the case of a Eurodollar Eurocurrency Borrowing, not later than 1:00 12:30 p.m., New York City time, three Business Days before the date of the proposed Borrowing (or, in the case of the initial extension of credit on the Closing Dateif such Borrowing is to be an Alternative Currency Borrowing, one 12:30 p.m., New York time, four Business Day beforeDays) or before a proposed Borrowing, and (iib) in the case of an ABR Borrowing, not later than 1:00 12:30 p.m., New York City time, on the date of the one Business Day before a proposed Borrowing. Each Borrowing Request for Credit Extension for (including a Revolving Loan or a Term Loan telephonic Borrowing Request) shall be irrevocable irrevocable, shall be signed by or on behalf of the applicable Borrower and shall specify the following information in compliance with Section 2.02information: (ai) the currency of such Borrowing (which shall be Dollars or an Alternative Currency); (ii) if such Borrowing is to be denominated in Dollars, whether the requested such Borrowing is to be a Eurocurrency Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such an ABR Borrowing; (ciii) the date of such Borrowing, Borrowing (which shall be a Business Day); (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”; (fiv) the number and location and number of the Borrower’s account to which funds are to be disbursed; (v) the amount of such Borrowing (which shall be expressed in Dollars, which regardless of whether such Borrowing is an Alternative Currency Borrowing); and (vi) if such Borrowing is to be a Eurocurrency Borrowing, the initial Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements of Section 2.02(c) and (g) if and to the extent required under Section 4.01, that the conditions set forth in clauses (a) and (b) Section 2.02. If no election as to the currency of Section 4.01 are satisfied as of Borrowing is specified in any such notice, then the date of the noticerequested Borrowing shall be denominated in Dollars. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR BorrowingBorrowing if denominated in Dollars or a Eurocurrency Borrowing if denominated in an Alternative Currency. If no Interest Period with respect to any requested Eurodollar Eurocurrency Borrowing is specified in any such notice, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, the The Administrative Agent shall promptly advise each Lender the applicable Lenders of any notice given pursuant to this Section 2.03 (and the details thereof contents thereof), and of the amount of such each Lender’s Loan to be made as part 's portion of the requested BorrowingBorrowing and the account to which Loans comprising the requested Borrowing are to be wired.

Appears in 1 contract

Samples: Credit Agreement (Jafra Worldwide Holdings Lux Sarl)

Borrowing Procedure. To In order to request a Revolving Borrowing or Term Borrowing, the Borrower shall deliver, by hand delivery deliver or send via facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by to the Administrative Agent), Agent a duly completed and executed Borrowing Request for Credit Extension to the Administrative Agent (i) in the case of a Eurodollar Borrowing, not later than 1:00 p.m.11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing (orsuch Borrowing, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (ii) in the case of an ABR Borrowing, not later than 1:00 p.m.11:00 a.m., New York City time, one Business Day before such Borrowing and (iii) in the case of the initial Borrowing, not later than 9:00 a.m. New York City time, on the date day of the proposed such Borrowing. Each Request for Credit Extension for a Revolving Loan or a Term Loan Such notice shall be irrevocable and shall in each case specify the following information in compliance with Section 2.02: (aA) whether the Borrowing then being requested Borrowing is to be a Eurodollar Borrowing of Revolving Loans or Term Loans; an ABR Borrowing, (b) the aggregate amount of such Borrowing; (cB) the date of such Borrowing, Borrowing (which shall be a Business Day; ) and the amount thereof, (dC) whether if such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable with respect thereto, which shall be a period contemplated by not end after the definition of “Interest Period”; Applicable Maturity Date and (fD) the location and number of the Borrower’s 's account to which funds are to be disbursed, which shall comply with the requirements of Section 2.02(c) and (g) if and to the extent required under Section 4.01, that the conditions set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the noticethis Agreement. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any requested Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration's duration (subject to the limitations set forth in the definition of "INTEREST PERIOD"). Promptly following receipt of a Request for Credit Extension If the Borrower shall not have given notice in accordance with this Section 2.032.03 of its election to refinance a Borrowing prior to the end of the Interest Period in effect for such Borrowing, then the Administrative Borrower shall (unless such Borrowing is repaid at the end of such Interest Period) be deemed to have given notice of an election to refinance such Borrowing with an ABR Borrowing. Notwithstanding any other provision of this Agreement to the contrary, no Borrowing shall be requested if the Interest Period with respect thereto would end after the Applicable Maturity Date. The Agent shall promptly advise each Lender the Lenders of the details thereof any notice given pursuant to this Section 2.03 and of the amount of such each Lender’s Loan to be made as part 's portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Txu Corp /Tx/)

Borrowing Procedure. To request a Revolving Borrowing or Term BorrowingSubject to the terms and conditions of this Agreement, each Lender severally agrees to advance the Loan to the Borrower shall deliver, by hand delivery or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved and the Borrower agrees to borrow in writing a single advance on the day following the Note Repurchase Date an amount requested by the Administrative Agent), Borrower up to the lesser of (a) the Commitment Amount and (b) the Note Repurchase Amount on a duly completed and executed pro rata basis determined by the Commitment of such Lender. Any portion of the Commitment Amount which remains undrawn after the Advance Date shall no longer be available to the Borrower. No amount of the Loan repaid or prepaid by the Borrower may be reborrowed hereunder. By delivering a Borrowing Request for Credit Extension to the Administrative Agent (i) in the case of a Eurodollar Borrowing, not later than 1:00 on or before 6:00 p.m., New York City time, three Business Days before the date of the proposed Borrowing (or, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (ii) in the case of an ABR Borrowing, not later than 1:00 p.m., New York City time, on the date Note Repurchase Date, the Borrower may irrevocably request a Base Rate Advance. On or before 9:00 a.m., New York time, on the day following the Note Repurchase Date, each Lender shall, without any set-off or counterclaim, deposit with the Administrative Agent same day funds in an amount equal to such Lender's Percentage of the proposed requested Borrowing. Each Request for Credit Extension for a Revolving Loan or a Term Loan shall Such deposit will be irrevocable and made to an account which the Administrative Agent shall specify by notice to the following information in compliance with Section 2.02: (a) whether Lenders. To the requested Borrowing is to be a Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such Borrowing; (c) the date of such Borrowing, which shall be a Business Day; (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”; (f) the location and number of the Borrower’s account to which extent funds are to be disbursed, which shall comply with so received from the requirements of Section 2.02(c) and (g) if and to the extent required under Section 4.01, that the conditions set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the notice. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any requested Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03Lenders, the Administrative Agent shall, without any set-off or counterclaim, make such funds available to the Borrower on or before 10:00 a.m., New York time, on the day following the Note Repurchase Date by wire transfer of same day funds to the accounts the Borrower shall advise each Lender of the details thereof and of the amount of such have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender's failure to be made as part of the requested Borrowingmake any Loan.

Appears in 1 contract

Samples: Credit Agreement (Royal Caribbean Cruises LTD)

Borrowing Procedure. To In order to request a Revolving Borrowing or Term Borrowing(other than a deemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.03 shall not apply), the Borrower shall deliver, by hand delivery deliver or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Request for Credit Extension telecopy to the Administrative Agent a duly completed Borrowing Request (ia) in the case of a Eurodollar Borrowing, not later than 1:00 p.m.11:00 a.m., New York City time, three Business Days before the date of the a proposed Borrowing Borrowing, and (or, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (iib) in the case of an ABR Borrowing, not later than 1:00 p.m.11:00 a.m., New York City time, on the date day of the a proposed Borrowing. Each Borrowing Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable irrevocable, shall be signed by a Responsible Officer on behalf of the Borrower and shall specify the following information in compliance with Section 2.02information: (ai) whether the Borrowing then being requested is to be a Tranche A Term Borrowing, a Tranche B Term Borrowing or a Revolving Credit Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such an ABR Borrowing; (cii) the date of such Borrowing, Borrowing (which shall be a Business Day); (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”; (fiii) the number and location and number of the Borrower’s account to which funds are to be disbursed, disbursed (which shall comply be an account that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing; and (gv) if and such Borrowing is to be a Eurodollar Borrowing, the extent required under Section 4.01Interest Period with respect thereto; PROVIDED, that HOWEVER, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the conditions requirements set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the notice2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any requested Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, the The Administrative Agent shall promptly advise each Lender the applicable Lenders of any notice given pursuant to this Section 2.03 (and the details thereof contents thereof), and of the amount of such each Lender’s Loan to be made as part 's portion of the requested Borrowing.

Appears in 1 contract

Samples: Monterey Carpets Inc

Borrowing Procedure. To In order to request a Revolving Borrowing (other than a Swingline Loan or Term Borrowinga deemed Borrowing pursuant to Section 2.01(a) or Section 2.02(f), as to which this Section 2.03 shall not apply), the Borrower shall deliver, by hand delivery or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by notify the Administrative Agent), a duly completed and executed Request for Credit Extension Agent by telephone (promptly confirmed by electronic communication) or shall hand deliver or send by electronic communication to the Administrative Agent a duly completed Borrowing Request (ia) in the case of a Eurodollar Term SOFR Borrowing or a CDOR Borrowing, not later than 1:00 p.m.12:00 (noon), New York City time, three Business Days before the date of the a proposed Borrowing Borrowing, and (or, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (iib) in the case of an ABR Borrowing or a Canadian Base Rate Borrowing, not later than 1:00 p.m.12:00 (noon), New York City time, on the date of the one Business Day before a proposed Borrowing. Each Borrowing Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable irrevocable, shall be signed by or on behalf of the Borrower and shall specify the following information in compliance with Section 2.02information: (ai) whether the Borrowing then being requested is to be a Term Borrowing or a Revolving Borrowing, and whether such Borrowing is to be a Term SOFR Borrowing, an ABR Borrowing, a Canadian Base Rate Borrowing of Revolving Loans or Term Loans; (b) the aggregate amount of such a CDOR Borrowing; (cii) the date of such Borrowing, Borrowing (which shall be a Business Day); (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”; (fiii) the number and location and number of the Borrower’s account to which funds are to be disbursed; (iv) the amount of such Borrowing; and (v) for Revolving Loans, the currency of such Borrowing (provided that each ABR Borrowing shall be denominated in dollars) if such Borrowing is to be a Term SOFR Borrowing or a CDOR Borrowing, the initial Interest Period with respect thereto and the Class of Loans to which such initial Interest Period will apply; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements of Section 2.02(c) and (g) if and to the extent required under Section 4.01, that the conditions set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the notice2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no currency is specified with respect to the requested Borrowing, then the Borrower shall be deemed to have selected dollars. If no Interest Period with respect to any requested Eurodollar Term SOFR Borrowing or CDOR Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt The Administrative Agent shall promptly advise the applicable Lenders of a Request for Credit Extension any notice given in accordance with this Section 2.032.03 (and the contents thereof), the Administrative Agent shall advise each Lender of the details thereof and of the amount of such each Lender’s Loan to be made as part portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (NRG Energy, Inc.)

Borrowing Procedure. To In order to request a Revolving Borrowing or Term Borrowing, the Borrower shall deliver, by hand delivery or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Request for Credit Extension to notify the Administrative Agent of such request by telephone (ia) in the case of a Eurodollar Borrowing, not later than 1:00 2:00 p.m., New York City time, three Business Days before the date of the a proposed Borrowing Borrowing, and (or, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (iib) in the case of an ABR Borrowing, not later than 1:00 2:00 p.m., New York City time, on the date of the one Business Day before a proposed Borrowing. Each such telephonic Borrowing Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable irrevocable, and shall be confirmed promptly by hand delivery, e-mail or fax to the Administrative Agent of a written Borrowing Request and shall specify the following information in compliance with Section 2.02information: (ai) whether the Borrowing then being requested Borrowing is to be a Borrowing of Revolving Loans or Term Loansa Borrowing of Incremental Loans and whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing (provided that, until the Administrative Agent shall have notified the Borrower that the primary syndication of the Commitments has been completed (which notice shall be given as promptly as practicable and, in any event, within 30 days after the Restatement Date), the Borrower shall not be permitted to request a Eurodollar Borrowing with an Interest Period in excess of one month); provided, however, that the initial Interest Period of any Eurodollar Borrowing made on the Restatement Date shall commence on the Restatement and end on June 28, 2013; (b) the aggregate amount of such Borrowing; (cii) the date of such Borrowing, Borrowing (which shall be a Business Day); (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”; (fiii) the number and location and number of the Borrower’s account to which funds are to be disbursed; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, which the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements of Section 2.02(c) and (g) if and to the extent required under Section 4.01, that the conditions set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the notice2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any requested Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, the The Administrative Agent shall promptly advise each Lender the applicable Lenders of any notice given pursuant to this Section 2.03 (and the details thereof contents thereof), and of the amount of such each Lender’s Loan to be made as part portion of the requested Borrowing.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Supervalu Inc)

Borrowing Procedure. To In order to request a Revolving Borrowing (other than a Swingline Loan or Term Borrowingdeemed Borrowing pursuant to Section 2.02(f), as to which this Section 2.03 shall not apply), the Borrower shall deliver, by hand delivery deliver or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Request for Credit Extension telecopy to the Administrative Agent a duly completed Borrowing Request (ia) in the case of a Eurodollar Borrowing, not later than 1:00 p.m.11:00 a.m., New York City time, three Business Days before the date of the a proposed Borrowing Borrowing, and (or, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (iib) in the case of an ABR Borrowing, not later than 1:00 p.m.11:00 a.m., New York City time, on the date day of the a proposed Borrowing. Each Borrowing Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable irrevocable, shall be signed by or on behalf of the Borrower and shall specify the following information in compliance with Section 2.02information: (ai) whether the Borrowing then being requested Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing (provided that until the Administrative Agent shall have notified the Borrower that the primary syndication of Revolving Loans or Term Loansthe Commitments has been completed (which notice shall be given as promptly as practicable and, in any event, within 14 days after the Closing Date), the Borrower shall not be permitted to request a Eurodollar Borrowing); (b) the aggregate amount of such Borrowing; (cii) the date of such Borrowing, Borrowing (which shall be a Business Day; ), (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”; (fiii) the number and location and number of the Borrower’s account to which funds are to be disbursed, disbursed (which shall comply be an account that complies with the requirements of Section 2.02(c)); (iv) the amount of such Borrowing; and (gv) if and such Borrowing is to be a Eurodollar Borrowing, the extent required under Section 4.01Interest Period with respect thereto; provided, that however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the conditions requirements set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the notice2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any requested Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.an

Appears in 1 contract

Samples: Credit Agreement (Fairchild Semiconductor International Inc)

Borrowing Procedure. To In order to request a Revolving Borrowing or Term Borrowing, the Borrower shall deliver, by hand delivery or facsimile (or transmit by other electronic transmission, if arrangements for doing so have been approved in writing by the Administrative Agent), a duly completed and executed Request for Credit Extension to notify the Administrative Agent of such request by telephone (ia) in the case of a Eurodollar Borrowing, not later than 1:00 p.m.12:00 (noon), New York City time, three Business Days before the date of the a proposed Borrowing Borrowing, and (or, in the case of the initial extension of credit on the Closing Date, one Business Day before) or (iib) in the case of an ABR Borrowing, not later than 1:00 p.m.12:00 noon, New York City time, on the date of the one Business Day before a proposed Borrowing. Each such telephonic Borrowing Request for Credit Extension for a Revolving Loan or a Term Loan shall be irrevocable irrevocable, and shall be confirmed promptly by hand delivery or fax to the Administrative Agent of a written Borrowing Request and shall specify the following information in compliance with Section 2.02information: (ai) whether the Borrowing then being requested is to be a Term Borrowing or an Incremental Term Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing, the Borrower shall not be permitted to request a Eurodollar Borrowing with an Interest Period in excess of Revolving Loans or Term Loansone month); (b) the aggregate amount of such Borrowing; (cii) the date of such Borrowing, Borrowing (which shall be a Business Day); (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”; (fiii) the number and location and number of the Borrower’s account to which funds are to be disbursed; (iv) the amount of such Borrowing; and (v) if such Borrowing is to be a Eurodollar Borrowing, which the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements of Section 2.02(c) and (g) if and to the extent required under Section 4.01, that the conditions set forth in clauses (a) and (b) of Section 4.01 are satisfied as of the date of the notice2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any requested Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Request for Credit Extension in accordance with this Section 2.03, the The Administrative Agent shall promptly advise each Lender the applicable Lenders of any notice given pursuant to this Section 2.03 (and the details thereof contents thereof), and of the amount of such each Lender’s Loan to be made as part portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Spectrum Brands, Inc.)

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