Common use of Delivery of Notice Clause in Contracts

Delivery of Notice. Whenever the Borrower desires to borrow under Section 2.2.1, it shall deliver to the Administrative Agent a Notice of Borrowing no later than 12:00 noon (Eastern time) at least one (1) Business Day in advance of the proposed Funding Date (in the case of Base Rate Loans) or three (3) Business Days in advance of the proposed Funding Date (in the case of LIBOR Loans). The Notice of Borrowing shall specify (i) the proposed Funding Date (which shall be a Business Day), (ii) the amount of the proposed Borrowing, (iii) whether the proposed Borrowing shall be in the form of Base Rate Loans or LIBOR Loans, (iv) in the case of LIBOR Loans, the requested Interest Period, and (v) the purposes for which the proceeds of the proposed Borrowing will be used. In lieu of delivering a Notice of Borrowing, the Borrower may give the Administrative Agent telephonic notice by the required time of notice of any proposed Borrowing under this Section 2.2.4; provided, however, that such notice shall be promptly confirmed in writing by delivery of a Notice of Borrowing to the Administrative Agent on or prior to the Funding Date of the requested Revolving Loans. The execution and delivery of each Notice of Borrowing shall be deemed a representation and warranty by the Borrower that the requested Revolving Loans may be made in accordance with, and will not violate the requirements of, this Agreement, including those set forth in Section 2.2.1.

Appears in 2 contracts

Samples: Credit Agreement (America Service Group Inc /De), Credit Agreement (America Service Group Inc /De)

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Delivery of Notice. Whenever the Borrower desires to borrow under Section 2.2.1, it shall deliver to the Administrative Agent a Notice of Borrowing no later than 12:00 noon 11:00 a.m. (Eastern time) at least one (1) Business Day in advance of the proposed Funding Date (in the case of Base Rate Loans) or three (3) Business Days in advance of the proposed Funding Date (in the case of LIBOR Loans). The Notice of Borrowing shall specify (i) the proposed Funding Date (which shall be a Business Day), (ii) the amount of the proposed Borrowing, (iii) whether the proposed Borrowing shall be in the form of Base Rate Loans or LIBOR Loans, and (iv) in the case of LIBOR Loans, the requested Interest Period, and (v) the purposes for which the proceeds of the proposed Borrowing will be used. In lieu of delivering a Notice of Borrowing, the Borrower may give the Administrative Agent telephonic notice Telephonic Notice by the required time of notice of any proposed Borrowing under this Section 2.2.4; provided, however, that such notice shall be promptly confirmed in writing by delivery of a Notice of Borrowing to the Administrative Agent on or prior to the Funding Date of the requested Revolving Loans. The execution and delivery of each Notice of Borrowing shall be deemed a representation and warranty by the Borrower that the requested Revolving Loans may be made in accordance with, and will not violate the requirements of, this Agreement, including those set forth in Section 2.2.1.

Appears in 2 contracts

Samples: Credit Agreement (Cti Inc /Tn), Credit Agreement (Cti Molecular Imaging Inc)

Delivery of Notice. Whenever the Borrower desires to borrow under Section 2.2.1, it shall deliver to the Administrative Agent a Notice of Borrowing no later than 12:00 noon 11:00 a.m. (Eastern Central time) at least one (1) Business Day in advance of the proposed Funding Date (in the case of Base Rate Loans) or three (3) Business Days in advance of the proposed Funding Date (in the case of LIBOR Loans). The Notice of Borrowing shall specify (i) the proposed Funding Date (which shall be a Business Day), (ii) the amount of the proposed Borrowing, (iii) whether the proposed Borrowing shall be in the form of Base Rate Loans or LIBOR Loans, (iv) in the case of LIBOR Loans, the requested Interest Period, and (v) the purposes for which the proceeds of the proposed Borrowing will be used. In lieu of delivering a Notice of Borrowing, the Borrower may give the Administrative Agent telephonic notice by the required time of notice of any proposed Borrowing under this Section 2.2.4; provided, however, that such notice shall be promptly confirmed in writing by delivery of a Notice of Borrowing to the Administrative Agent on or prior to the Funding Date of the requested Revolving Loans. The execution and delivery of each Notice of Borrowing shall be deemed a representation and warranty by the Borrower that the requested Revolving Loans may be made in accordance with, and will not violate the requirements of, this Agreement, including those set forth in Section 2.2.1.

Appears in 1 contract

Samples: Credit Agreement (America Service Group Inc /De)

Delivery of Notice. Whenever the Borrower desires to borrow under Section 2.2.12.4, it shall deliver to the Administrative Agent Swingline Lender a Notice of Borrowing no later than 12:00 noon 11:00 a.m. (Eastern Central time) at least one (1) Business Day in advance of on the proposed Funding Date (in the case of Base Rate Loans) or three (3) Business Days in advance of the proposed Funding Date (in the case of LIBOR Eurodollar Loans). The Notice of Borrowing shall specify (i) the proposed Funding Date (which shall be a Business Day), (ii) the amount of the proposed Borrowing, (iii) whether the proposed Borrowing shall be in the form of Base Rate Loans or LIBOR Eurodollar Loans, and (iv) in the case of LIBOR Eurodollar Loans, the requested Interest Period, and (v) the purposes for which the proceeds of the proposed Borrowing will be used. In lieu of delivering a Notice of Borrowing, the Borrower may give the Administrative Agent Swingline Lender telephonic notice by the required time of notice of any proposed Borrowing under this Section 2.2.42.4.4; provided, however, that such notice shall be promptly confirmed in writing by delivery of a Notice of Borrowing to the Administrative Agent Swingline Lender on or prior to the Funding Date of the requested Revolving LoansSwingline Loan. The execution and delivery of each Notice of Borrowing shall be deemed a representation and warranty by the Borrower that the requested Revolving Loans Swingline Loan may be made in accordance with, and will not violate the requirements of, this Agreement, including those set forth in Section 2.2.1Sections 2.4.1 and 2.4.2.

Appears in 1 contract

Samples: Credit Agreement (I Trax Inc)

Delivery of Notice. Whenever the Domestic Borrower desires to borrow under Section 2.2.1, it shall deliver to the Administrative Agent a Notice of Borrowing no later than 12:00 noon 11:00 a.m. (Eastern Central time) at least one (1) Business Day in advance of the proposed Funding Date (in the case of Base Rate Loans) or three (3) Business Days in advance of the proposed Funding Date (in the case of LIBOR Loans). The Notice of Borrowing shall specify (i) the proposed Funding Date (which shall be a Business Day), (ii) the amount of the proposed Borrowing, (iii) whether the proposed Borrowing shall be in the form of Base Rate Loans or LIBOR Loans, and (iv) in the case of LIBOR Loans, the requested Interest Period, and (v) the purposes for which the proceeds of the proposed Borrowing will be used. In lieu of delivering a Notice of Borrowing, the Domestic Borrower may give the Administrative Agent telephonic notice by the required time of notice of any proposed Borrowing under this Section 2.2.42.2.5; provided, however, that such notice shall be promptly confirmed in writing by delivery of a Notice of Borrowing to the Administrative Agent on or prior to the Funding Date of the requested Revolving Loans. The execution and delivery of each Notice of Borrowing shall be deemed a representation and warranty by the Domestic Borrower that the requested Revolving Loans may be made in accordance with, and will not violate the requirements of, this Agreement, including those set forth in Section 2.2.1.

Appears in 1 contract

Samples: Credit Agreement (Nn Inc)

Delivery of Notice. Whenever the Borrower desires to borrow under Section 2.2.12.2.1 or Section 2.2.2, it shall deliver to the Administrative Agent a Notice of Borrowing no later than 12:00 noon 11:00 a.m. (Eastern Central time) at least one (1) Business Day in advance of the proposed Funding Date (in the case of Base Rate Loans) or three (3) Business Days in advance of the proposed Funding Date (in the case of LIBOR Loans). The Notice of Borrowing shall specify (i) the proposed Funding Date (which shall be a Business Day), (ii) the amount of the proposed Borrowing, (iii) whether the proposed Borrowing shall be a Revolving Loan or a Term Loan, (iv) whether the proposed Borrowing shall be in the form of Base Rate Loans or LIBOR Loans, and (ivv) in the case of LIBOR Loans, the requested Interest Period, and (v) the purposes for which the proceeds of the proposed Borrowing will be used. In lieu of delivering a Notice of Borrowing, the Borrower may give the Administrative Agent telephonic notice by the required time of notice of any proposed Borrowing under this Section 2.2.42.2.5; provided, however, that such notice shall be promptly confirmed in writing by delivery of a Notice of Borrowing to the Administrative Agent on or prior to the Funding Date of the requested Revolving Loans or Term Loans. The execution and delivery of each Notice of Borrowing shall be deemed a representation and warranty by the Borrower that the requested Revolving Loans or Term Loans may be made in accordance with, and will not violate the requirements of, this Agreement, including those set forth in Section 2.2.12.2.1 or Section 2.2.2.

Appears in 1 contract

Samples: Credit Agreement (Nn Inc)

Delivery of Notice. Whenever the Borrower desires Borrowers desire to borrow under Section 2.2.12.2, it they shall deliver to the Administrative Agent a Notice of Borrowing no later than 12:00 noon (Eastern time) at least one (1) Business Day in advance of the proposed Funding Date (in the case of Base Rate Loans) or three (3) Business Days in advance of the proposed Funding Date (in the case of LIBOR Loans)Date. The Notice of Borrowing shall specify (i) the proposed Funding Date (which shall be a Business Day), (ii) the amount of the proposed Revolving Credit Borrowing, (iii) which Borrower shall receive the Borrowing, (iv) whether the proposed Revolving Credit Borrowing shall be in the form of Base Rate Loans or LIBOR Loans, and (ivv) in the case of LIBOR Loans, the requested Interest Period, and (v) the purposes for which the proceeds of the proposed Borrowing will be used. In lieu of delivering a Notice of Borrowing, the Borrower Borrowers may give the Administrative Agent telephonic notice by the required time of notice of any proposed Borrowing under this Section 2.2.4; provided, however, that such notice shall be promptly confirmed in writing by delivery of a Notice of Borrowing to the Administrative Agent on or prior to the Funding Date of the requested Revolving Credit Loans. The execution and delivery of each Notice of Borrowing shall be deemed a representation and warranty by the Borrower Borrowers that the requested Revolving Credit Loans may be made in accordance with, and will not violate the requirements of, this Agreement, including those set forth in Section 2.2.1.

Appears in 1 contract

Samples: Credit Agreement (Goodys Family Clothing Inc /Tn)

Delivery of Notice. Whenever the Borrower desires to borrow under Section 2.2.1, it shall deliver to the Administrative Agent a Notice of Borrowing no later than 12:00 noon 11:00 a.m. (Eastern Central time) at least one (1) Business Day in advance of the proposed Funding Date (in the case of Base Rate Loans) or three (3) Business Days in advance of the proposed Funding Date (in the case of LIBOR Loans). The Notice of Borrowing shall specify (i) the proposed Funding Date (which shall be a Business Day), (ii) the amount of the proposed Borrowing, (iii) whether the proposed Borrowing shall be in the form of Base Rate Loans or LIBOR Loans, and (iv) in the case of LIBOR Loans, the requested Interest Period, and (v) the purposes for which the proceeds of the proposed Borrowing will be used. In lieu of delivering a Notice of Borrowing, the Borrower may give the Administrative Agent telephonic notice by the required time of notice of any proposed Borrowing under this Section 2.2.42.2.5; provided, however, that such notice shall be promptly confirmed in writing by delivery of a Notice of Borrowing to the Administrative Agent on or prior to the Funding Date of the requested Revolving Loans. The execution and delivery of each Notice of Borrowing shall be deemed a representation and warranty by the Borrower that the requested Revolving Loans may be made in accordance with, and will not violate the requirements of, this Agreement, including those set forth in Section 2.2.1.

Appears in 1 contract

Samples: Credit Agreement (Nn Inc)

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Delivery of Notice. Whenever the Borrower desires to borrow under Section 2.2.12.2, it shall deliver to the Administrative Agent a Notice of Borrowing no later than 12:00 noon 11:00 a.m. (Eastern Central time) at least one (1) Business Day in advance of the proposed Funding Date (in the case of Base Rate Loans) or three (3) Business Days in advance of the proposed Funding Date (in the case of LIBOR Eurodollar Loans). The Notice of Borrowing shall specify (i) the proposed Funding Date (which shall be a Business Day), (ii) the amount of the proposed Borrowing, (iii) whether the proposed Borrowing shall be in the form of Base Rate Loans or LIBOR Eurodollar Loans, and (iv) in the case of LIBOR Eurodollar Loans, the requested Interest Period, and (v) the purposes for which the proceeds of the proposed Borrowing will be used. In lieu of delivering a Notice of Borrowing, the Borrower may give the Administrative Agent telephonic notice by the required time of notice of any proposed Borrowing under this Section 2.2.4; provided, however, that such notice shall be promptly confirmed in writing by delivery of a Notice of Borrowing to the Administrative Agent on or prior to the Funding Date of the requested Revolving Loans. The execution and delivery of each Notice of Borrowing shall be deemed a representation and warranty by the Borrower that the requested Revolving Loans may be made in accordance with, and will not violate the requirements of, this Agreement, including those set forth in Section 2.2.1.

Appears in 1 contract

Samples: Credit Agreement (Symbion Inc/Tn)

Delivery of Notice. Whenever the Borrower desires to borrow under Section 2.2.12.2, it shall deliver to the Administrative Agent a Notice of Borrowing no later than 12:00 noon 11:00 a.m. (Eastern Central time) at least one (1) Business Day in advance of the proposed Funding Date (in the case of Base Rate Loans) or three (3) Business Days in advance of the proposed Funding Date (in the case of LIBOR Loans). The Notice of Borrowing shall specify (i) the proposed Funding Date (which shall be a Business Day), (ii) the amount of the proposed Borrowing, (iii) whether the proposed Borrowing shall be in the form of Base Rate Loans or LIBOR Loans, and (iv) in the case of LIBOR Loans, the requested Interest Period, and (v) the purposes for which the proceeds of the proposed Borrowing will be used. In lieu of delivering a Notice of Borrowing, the Borrower may give the Administrative Agent telephonic notice by the required time of notice of any proposed Borrowing under this Section 2.2.4; provided, however, that such notice shall be promptly confirmed in writing by delivery of a Notice of Borrowing to the Administrative Agent on or prior to the Funding Date of the requested Revolving Loans. The execution and delivery of each Notice of Borrowing shall be deemed a representation and warranty by the Borrower that the requested Revolving Loans may be made in accordance with, and will not violate the requirements of, this Agreement, including those set forth in Section 2.2.1.

Appears in 1 contract

Samples: Credit Agreement (America Service Group Inc /De)

Delivery of Notice. Whenever the Borrower desires to borrow under Section 2.2.12.3, it shall deliver to the Administrative Agent a Notice of Borrowing no later than 12:00 noon 11:00 a.m. (Eastern Central time) at least one (1) Business Day in advance of on the proposed Funding Date (in the case of Base Rate Loans) or three (3) Business Days in advance of the proposed Funding Date (in the case of LIBOR Eurodollar Loans). The Notice of Borrowing shall specify (i) the proposed Funding Date (which shall be a Business Day), (ii) the amount of the proposed Borrowing, (iii) whether the proposed Borrowing shall be in the form of Base Rate Loans or LIBOR Eurodollar Loans, and (iv) in the case of LIBOR Eurodollar Loans, the requested Interest Period, and (v) the purposes for which the proceeds of the proposed Borrowing will be used. In lieu of delivering a Notice of Borrowing, the Borrower may give the Administrative Agent telephonic notice by the required time of notice of any proposed Borrowing under this Section 2.2.42.3.4; provided, however, that such notice shall be promptly confirmed in writing by delivery of a Notice of Borrowing to the Administrative Agent on or prior to the Funding Date of the requested Revolving Loans. The execution and delivery of each Notice of Borrowing shall be deemed a representation and warranty by the Borrower that the requested Revolving Loans may be made in accordance with, and will not violate the requirements of, this Agreement, including those set forth in Section 2.2.12.3.1.

Appears in 1 contract

Samples: Credit Agreement (I Trax Inc)

Delivery of Notice. Whenever the Borrower desires to borrow under Section 2.2.1, it shall deliver to the Administrative Agent a Notice of Borrowing no later than 12:00 noon (Eastern time) at least one (1) Business Day in advance of 11:00 a.m. on the proposed Funding Date (in the case of Base Rate Loans) or three (3) Business Days in advance of the proposed Funding Date (in the case of LIBOR Eurodollar Loans), unless the Administrative Agent and the Lenders in their discretion approve a shorter notice period. The Notice of Borrowing shall specify (i) the proposed Funding Date (which shall be a Business Day), (ii) the amount of the proposed Borrowing, (iii) whether the proposed Borrowing shall be in the form of Base Rate Loans or LIBOR Eurodollar Loans, and (iv) in the case of LIBOR Eurodollar Loans, the requested Interest Period, and (v) the purposes for which the proceeds of the proposed Borrowing will be used. In lieu of delivering a Notice of Borrowing, the Borrower may give the Administrative Agent telephonic notice Telephonic Notice by the required time of notice of any proposed Borrowing under this Section 2.2.4; provided, however, that such notice shall be promptly confirmed in writing by delivery of a Notice of Borrowing to the Administrative Agent on or prior to the Funding Date of the requested Revolving Term Loans. The execution and delivery of each Notice of Borrowing shall be deemed a representation and warranty by the Borrower that the requested Revolving Term Loans may be made in accordance with, and will not violate the requirements of, this Agreement, including those set forth in Section 2.2.1.

Appears in 1 contract

Samples: Credit Agreement (I Trax Inc)

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