Making the Advances. (a) Each Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing, in the case of a Borrowing comprised of Eurodollar Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopier, confirmed promptly in writing, in substantially the form of Exhibit A-1 hereto, specifying therein the requested (i) date of such Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing, and (iv) in the case of a Borrowing comprised of Eurodollar Rate Advances, the Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Lender shall, before 1:00 P.M. (New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02, in same day funds, such Lender’s ratable portion of such Borrowing. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower at the Administrative Agent’s aforesaid address.
Appears in 4 contracts
Samples: Credit Agreement (Progress Energy Inc), Credit Agreement (Progress Energy Inc), Credit Agreement (Progress Energy Inc)
Making the Advances. (a) Each Except as otherwise provided in Section 2.02(b) or 2.03, each Borrowing shall be made on notice, given not later than 11:00 A.M. 12:00 Noon (New York City Boston, Massachusetts time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing, Borrowing in the case of a Borrowing comprised consisting of Eurodollar Rate Advances, or the first Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a “"Notice of Borrowing”") shall be by telecopiertelephone, confirmed promptly immediately in writingwriting or telecopier, in substantially the form of Exhibit A-1 B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iiiiv) aggregate amount of such Borrowing, Borrowing and (ivv) in the case of a Borrowing comprised consisting of Eurodollar Rate Advances, the initial Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Appropriate Lender shall, before 1:00 P.M. 11:00 A.M. (New York City Boston, Massachusetts time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02the Administrative Agent's Account, in same day funds, such Lender’s 's ratable portion of such BorrowingBorrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate Lenders. After the Administrative Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower at by crediting the Administrative Agent’s aforesaid addressBorrower's Account.
Appears in 4 contracts
Samples: Credit Agreement (Quality Stores Inc), Credit Agreement (Central Tractor Farm & Country Inc), Credit Agreement (Quality Stores Inc)
Making the Advances. (a) Each Borrowing shall be made on notice, given (i) in the case of a Borrowing comprising Eurodollar Rate Advances, not later than 11:00 A.M. (New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing, and (ii) in the case of a Borrowing comprised of Eurodollar comprising Base Rate Advances, not later than 11:00 A.M. (New York City time) on the date of the proposed Borrowing, by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopierthereof. Each such notice of a Borrowing (a “"Notice of Borrowing”") shall be transmitted by telecopier, telex or cable, confirmed promptly immediately in writing, in substantially the form of Exhibit A-1 hereto, specifying therein the requested (iA) date of such Borrowing, (iiB) Type of Advances comprising to be made in connection with such Borrowing, (iiiC) aggregate amount of such Borrowing, and (ivD) in the case of a Borrowing comprised of comprising Eurodollar Rate Advances, the initial Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Lender shall, before (x) 12:00 noon (New York City time) on the date of any Borrowing comprising Eurodollar Rate Advances, and (y) 1:00 P.M. (New York City time) on the date of such Borrowingany Borrowing comprising Base Rate Advances, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02, in same day funds, such Lender’s 's ratable portion of such Borrowing. After the Administrative Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower at the Administrative Agent’s 's aforesaid address.
Appears in 4 contracts
Samples: Credit Agreement (Entergy Arkansas Inc), Credit Agreement (Entergy Arkansas Inc), Credit Agreement (Entergy Corp /De/)
Making the Advances. (a) Each Borrowing shall be made on notice, given (i) in the case of a Borrowing comprising Eurodollar Rate Advances, not later than 11:00 A.M. (New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing, and (ii) in the case of a Borrowing comprised of Eurodollar comprising Base Rate Advances, not later than 1:00 P.M. (New York City time) on the date of the proposed Borrowing, by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopierthereof. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be transmitted by telecopier, confirmed promptly in writing, facsimile or email in substantially the form of Exhibit A-1 hereto, specifying therein the requested (iA) date of such Borrowing, (iiB) Type of Advances comprising to be made in connection with such Borrowing, (iiiC) aggregate amount of such Borrowing, (D) wire instructions of the Borrower, and (ivE) in the case of a Borrowing comprised of comprising Eurodollar Rate Advances, the initial Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Lender shall, before 1:00 (x) 12:00 noon (New York City time) on the date of any Borrowing comprising Eurodollar Rate Advances, and (y) 3:00 P.M. (New York City time) on the date of such Borrowingany Borrowing comprising Base Rate Advances, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02the Agent’s Account, in same day funds, such Lender’s ratable portion of such Borrowing. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower at in such manner as the Administrative Agent’s aforesaid addressBorrower shall have specified in the applicable Notice of Borrowing.
Appears in 4 contracts
Samples: Credit Agreement (Entergy New Orleans, LLC), Credit Agreement (Entergy New Orleans, LLC), Credit Agreement (Entergy New Orleans, LLC)
Making the Advances. (a) Each Borrowing shall be made on notice, given not later than 11:00 A.M. a.m. (New York City timei) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing, in the case of a Borrowing comprised of Eurodollar Rate Advances and (ii) on the date of the proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, in each case by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopier, telex or cable. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopier, confirmed promptly in writingtelex or cable, in substantially the form of Exhibit A-1 2.2(a) hereto, specifying therein the requested (iA) date of such Borrowing, (iiB) Type of Advances comprising such Borrowing, (iiiC) aggregate amount of such Borrowing, Borrowing and (ivD) in the case of a Borrowing comprised of Eurodollar Rate Advances, the initial Interest Period for each such Advance. In Each Lender shall, before (x) 12:00 noon on the date of such Borrowing, in the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Lender shall, before and (y) 1:00 P.M. (New York City time) p.m. on the date of such Borrowing, in the case of a Borrowing comprised of Base Rate Advances, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.028.2, in same day funds, such Lender’s ratable portion of such Borrowing. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will promptly make such funds available to the Borrower at the Administrative Agent’s aforesaid address.
Appears in 3 contracts
Samples: Five Year Credit Agreement (Interstate Power & Light Co), Credit Agreement (Interstate Power & Light Co), Credit Agreement (Interstate Power & Light Co)
Making the Advances. (a) Each (i) Except as otherwise provided in Section 2.02(a)(ii), each Borrowing shall be made on notice, given not later than 11:00 A.M. (x) 10:00 a.m. (New York City time) on the day of such proposed Borrowing, in the case date of a proposed Borrowing comprised consisting of Base Rate Advances, or Advances and (y) 12:00 noon (New York City time) on the third Business Day prior to the date of the a proposed Borrowing, in the case Borrowing consisting of a Borrowing comprised of Eurodollar Eurocurrency Rate Advances, in each case by the Borrower Company to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopiertelecopier or electronic mail. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopierelectronic mail or telephone, confirmed promptly immediately in writingwriting by hand delivery or electronic mail, in each case in substantially the form of Exhibit A-1 A hereto, specifying therein the requested (iA) date of such Borrowing, (iiB) Facility of such Borrowing, (C) Type of Advances comprising such Borrowing, (iiiD) aggregate amount of such Borrowing, and (ivE) in the case of a Borrowing comprised of Eurodollar Eurocurrency Rate Advances, the initial Interest Period for each such Advance. In The Company may, subject to the case of a proposed conditions herein provided, borrow more than one Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b)on any Business Day. Each Appropriate Lender shall, before 1:00 P.M. p.m. (New York City time) in the case of a Borrowing consisting of Base Rate Advances or before 11:00 a.m. (New York City time) in the case of a Borrowing consisting of Eurocurrency Rate Advances, in each case on the requested date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.029.02, in same day funds, such Lender’s ratable portion of such Borrowing. After the Administrative Agent’s receipt of such funds and upon Upon fulfillment of the applicable conditions set forth in Article IIISection 3.01, 3.02 or 3.03, as applicable, the Administrative Agent will make such funds available to the Borrower Company in like funds as received by the Administrative Agent either by (1) crediting the account of the Company on the books of the Administrative Agent with the amount of such funds or (2) wire transfer of such funds, in each case in accordance with instructions provided to (and reasonably acceptable to) the Administrative Agent by the Company; provided, however, that if the Company has an outstanding Swing Line Advance at the time of a requested Borrowing of Revolving Loan Advances, the Administrative Agent’s aforesaid addressAgent shall first make a portion of such funds equal to the aggregate principal amount of any Swing Line Advances made to the Company by the Swing Line Banks or held by any other Lender and outstanding on the date of such Borrowing, plus interest accrued and unpaid thereon to and as of such date, available to the Swing Line Banks and such other Lenders for repayment of such Swing Line Advances.
Appears in 3 contracts
Samples: Credit Agreement (Perspecta Inc.), Credit Agreement (Perspecta Inc.), Credit Agreement (Perspecta Inc.)
Making the Advances. (a) Each Except as otherwise provided in Section 2.03(c), each Borrowing shall be made on notice, given not later than (x) 11:00 A.M. (New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing, Borrowing in the case of a Borrowing comprised consisting of Eurodollar Rate Advances or (y) 11:00 A.M. (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by the applicable Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopiertelephone, confirmed promptly immediately in writing, or telecopier in substantially the form of Exhibit A-1 B hereto, specifying therein the requested (i) date and Facility of such Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing, and (iv) in the case of a Borrowing comprised consisting of Eurodollar Rate Advances, the initial Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Appropriate Lender shall, before 1:00 P.M. (New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02the Agent’s Account, in same day funds, such Lender’s ratable portion of such Borrowing. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article IIISection 3.03, the Administrative Agent will shall make such funds available to the Borrower at the Administrative Agent’s aforesaid addressthat requested such Advance by depositing such funds to such account as such Borrower shall specify.
Appears in 3 contracts
Samples: Credit Agreement (Lubrizol Corp), Credit Agreement (Lubrizol Corp), Credit Agreement (Lubrizol Corp)
Making the Advances. (a) Each Borrowing shall be made on notice, given not later than 11:00 A.M. a.m. (New York City timei) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing, in the case of a Borrowing comprised of Eurodollar Rate Advances and (ii) on the date of the proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, in each case by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopier, telex or cable. Each such notice of a Borrowing (a “Notice of Borrowing”"NOTICE OF BORROWING") shall be by telecopier, confirmed promptly in writingtelex or cable, in substantially the form of Exhibit A-1 2.02(a) hereto, specifying therein the requested (iA) date of such Borrowing, (iiB) Type of Advances comprising such Borrowing, (iiiC) aggregate amount of such Borrowing, Borrowing and (ivD) in the case of a Borrowing comprised of Eurodollar Rate Advances, the initial Interest Period for each such Advance. In Each Lender shall, before (x) 12:00 noon on the date of such Borrowing, in the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Lender shall, before and (y) 1:00 P.M. (New York City time) p.m. on the date of such Borrowing, in the case of a Borrowing comprised of Base Rate Advances, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02, in same day funds, such Lender’s 's ratable portion of such Borrowing. After the Administrative Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will promptly make such funds available to the Borrower at the Administrative Agent’s 's aforesaid address.
Appears in 3 contracts
Samples: Credit Agreement (Interstate Power & Light Co), Credit Agreement (Wisconsin Power & Light Co), Credit Agreement (Alliant Energy Corp)
Making the Advances. (a) Each Borrowing shall be made on notice, given (i) in the case of a Borrowing comprising Eurodollar Rate Advances, not later than 11:00 A.M. (New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing, and (ii) in the case of a Borrowing comprised of Eurodollar comprising Base Rate Advances, not later than 11:00 A.M. (New York City time) on the date of the proposed Borrowing, by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopierthereof. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be transmitted by telecopier, confirmed promptly in writing, facsimile in substantially the form of Exhibit A-1 hereto, specifying therein the requested (iA) date of such Borrowing, (iiB) Type of Advances comprising to be made in connection with such Borrowing, (iiiC) aggregate amount of such Borrowing, (D) wire instructions of the Borrower, and (ivE) in the case of a Borrowing comprised of comprising Eurodollar Rate Advances, the initial Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Lender shall, before (x) 12:00 noon (New York City time) on the date of any Borrowing comprising Eurodollar Rate Advances, and (y) 1:00 P.M. (New York City time) on the date of such Borrowingany Borrowing comprising Base Rate Advances, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02the Agent’s Account, in same day funds, such Lender’s ratable portion of such Borrowing. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower at in such manner as the Administrative Agent’s aforesaid addressBorrower shall have specified in the applicable Notice of Borrowing.
Appears in 3 contracts
Samples: Credit Agreement (Entergy Arkansas Inc), Credit Agreement (Entergy Arkansas Inc), Credit Agreement (Entergy Arkansas Inc)
Making the Advances. (a) (A) Each Borrowing shall be made on noticenotice by the Borrower, given not later than 11:00 A.M. (New York City timex) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or 10:00 a.m. (Local Time) on the third Business Day prior to the proposed date of the proposed Borrowing, Borrowing in the case of a Borrowing comprised consisting of Eurodollar Eurocurrency Rate Advances or (y) 10:00 a.m. (Local Time) on the Business Day prior to the proposed date of Borrowing in the case of a Borrowing consisting of Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopiertelecopier or other electronic communication. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopiertelephone, confirmed promptly immediately in writing, including by telecopier (or other electronic communication) in substantially the form of Exhibit A-1 A hereto, specifying therein the requested (i) date of such BorrowingBorrowing (which shall be a Business Day), (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing, and (iv) in the case initial Interest Period for such Advance, if such Borrowing is to consist of a Borrowing comprised of Eurodollar Eurocurrency Rate Advances, and (v) account or accounts in which the Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender proceeds of the applicable interest rate under Section 2.06(b)Borrowing should be credited. Each Lender shall, before 1:00 P.M. p.m. (New York City timeLocal Time) on the date of such Borrowing, Closing Date make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02the applicable Administrative Agent’s Office, in same day funds, such Lender’s ratable portion of such Borrowing. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower at the Administrative Agent’s aforesaid address.
Appears in 3 contracts
Samples: Bridge Credit Agreement, Day Bridge Credit Agreement (AbbVie Inc.), Bridge Credit Agreement
Making the Advances. (a1) Each Borrowing shall be made on notice, given (i) in the case of a Borrowing comprising Eurodollar Rate Advances, not later than 11:00 A.M. (New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing, and (ii) in the case of a Borrowing comprised of Eurodollar comprising Base Rate Advances, not later than 1:00 P.M. (New York City time) on the date of the proposed Borrowing, by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopierthereof. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be transmitted by telecopier, confirmed promptly in writing, facsimile or email in substantially the form of Exhibit A-1 hereto, specifying therein the requested (iA) date of such Borrowing, (iiB) Type of Advances comprising to be made in connection with such Borrowing, (iiiC) aggregate amount of such Borrowing, (D) wire instructions of the Borrower, and (ivE) in the case of a Borrowing comprised of comprising Eurodollar Rate Advances, the initial Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Lender shall, before 1:00 (x) 12:00 noon (New York City time) on the date of any Borrowing comprising Eurodollar Rate Advances, and (y) 3:00 P.M. (New York City time) on the date of such Borrowingany Borrowing comprising Base Rate Advances, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02the Agent’s Account, in same day funds, such Lender’s ratable portion of such Borrowing. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower at in such manner as the Administrative Agent’s aforesaid addressBorrower shall have specified in the applicable Notice of Borrowing.
Appears in 3 contracts
Samples: Credit Agreement (Entergy Arkansas, LLC), Credit Agreement (Entergy Arkansas, LLC), Credit Agreement (Entergy Arkansas, LLC)
Making the Advances. (a) Each Borrowing shall be made on notice, given not later than 11:00 A.M. a.m. (New York City timei) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing, in the case of a Borrowing comprised of Eurodollar Rate Advances and (ii) on the date of the proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, in each case by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopier, telex or cable. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopier, confirmed promptly in writingtelex or cable, in substantially the form of Exhibit A-1 2.02(a) hereto, specifying therein the requested (iA) date of such Borrowing, (iiB) Type of Advances comprising such Borrowing, (iiiC) aggregate amount of such Borrowing, Borrowing and (ivD) in the case of a Borrowing comprised of Eurodollar Rate Advances, the initial Interest Period for each such Advance. In Each Lender shall, before (x) 12:00 noon on the date of such Borrowing, in the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Lender shall, before and (y) 1:00 P.M. (New York City time) p.m. on the date of such Borrowing, in the case of a Borrowing comprised of Base Rate Advances, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02, in same day funds, such Lender’s ratable portion of such Borrowing. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will promptly make such funds available to the Borrower at the Administrative Agent’s aforesaid address.
Appears in 3 contracts
Samples: Credit Agreement (Alliant Energy Corp), Day Credit Agreement (Alliant Energy Corp), Day Credit Agreement (Alliant Energy Corp)
Making the Advances. (a) Each Except as otherwise provided in Section 2.03(c), each Borrowing shall be made on notice, given not later than (x) 11:00 A.M. (New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing, Borrowing in the case of a Borrowing comprised consisting of Eurodollar Rate Advances or (y) 11:00 A.M. (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopiertelephone, confirmed promptly immediately in writing, or telecopier in substantially the form of Exhibit A-1 B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing, and (iv) in the case of a Borrowing comprised consisting of Eurodollar Rate Advances, the initial Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Lender shall, before 1:00 P.M. (New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02the Agent’s Account, in same day funds, such Lender’s ratable portion of such Borrowing. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower at the Administrative Agent’s aforesaid addressaddress referred to in Section 8.02.
Appears in 2 contracts
Samples: Credit Agreement (Everest Re Group LTD), Credit Agreement (Everest Re Group LTD)
Making the Advances. (a) Each Except as otherwise provided in Section 2.03(c), each Borrowing (other than Swing Line Borrowings) shall be made on notice, given not later than 11:00 A.M. (x) 12:00 noon (New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing, Borrowing in the case of a Borrowing comprised consisting of Eurodollar Rate Advances or (y) 12:00 noon (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopier. Each such notice of such a Borrowing (a “"Notice of Borrowing”") shall be by telecopiertelephone, confirmed promptly immediately in writing, or telecopier in substantially the form of Exhibit A-1 B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) the Facility under which such Borrowing is made, (iv) aggregate amount of such Borrowing, and (ivv) in the case of a Borrowing comprised consisting of Eurodollar Rate Advances, the initial Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Appropriate Lender shall, before 1:00 2:00 P.M. (New York City time) on the date of such Borrowing, Borrowing make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02the Agent's Account, in same day funds, such Lender’s 's ratable portion of such Borrowing. After the Administrative Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will promptly, and in any event on the date of such Borrowing, make such funds available to the Borrower at by wire transfer to the Administrative Agent’s aforesaid addressBorrower's Account.
Appears in 2 contracts
Samples: Credit Agreement (Tribune Co), Credit Agreement (Tribune Co)
Making the Advances. (a) Each The Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing, Borrowing in the case of a any part of the Borrowing comprised consisting of Eurodollar Rate Advances, or 10:30 A.M. (New York City time) on the date of the proposed Borrowing in the case of any part of the Borrowing consisting of Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telephone, confirmed immediately in writing, or by telecopier. Each such Such notice of a Borrowing (a “the "Notice of Borrowing”") shall be by telecopiertelephone, confirmed promptly immediately in writing, or telecopier, in substantially the form of Exhibit A-1 B hereto, specifying therein the requested (i) date of such the Borrowing, (ii) Type of Advances comprising such the Borrowing, (iii) aggregate amount of such Borrowing, the Borrowing and (iv) in the case of a any part of the Borrowing comprised consisting of Eurodollar Rate Advances, the initial Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Lender shall, before 1:00 P.M. 11:00 A.M. (New York City time) on the date of such the Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02the Administrative Agent's Account, in same day funds, such Lender’s 's ratable portion of the Borrowing in accordance with the Commitments of such BorrowingLender and the other Lenders. After the Administrative Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower at by crediting the Administrative Agent’s aforesaid addressBorrower's Account.
Appears in 2 contracts
Samples: Credit Agreement (Sodexho Mariott Services Inc), Credit Agreement (Sodexho Alliance S A)
Making the Advances. (a) Each The Borrower may borrow under the Commitments during the Commitment Period on any Business Day, provided that each Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing, Borrowing in the case of a Borrowing comprised consisting of Eurodollar Rate Advances or the Business Day of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopierthereof. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopiertelephone, confirmed promptly immediately in writing, writing or by telecopier in substantially the form of Exhibit A-1 B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing, Borrowing (iv) remittance instructions and (ivv) in the case of a Borrowing comprised consisting of Eurodollar Rate Advances, the initial Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Lender shall, before 1:00 P.M. (New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02the Agent’s Account, in same day funds, such Lender’s ratable portion of such Borrowing. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article IIIIV, the Administrative Agent will make such funds available to the Borrower at the Administrative Agent’s aforesaid addressaddress referred to in Section 9.02.
Appears in 2 contracts
Samples: Day Revolving Credit Agreement (Oracle Corp), Day Revolving Credit Agreement (Oracle Corp)
Making the Advances. (a) Each Except as otherwise provided in Section 2.03(c), each Borrowing shall be made on notice, given not later than 11:00 A.M. (x) 12:00 noon (New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing, Borrowing in the case of a Borrowing comprised consisting of Eurodollar Rate Advances or (y) 12:00 noon (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopiertelephone, confirmed promptly immediately in writing, or telecopier in substantially the form of Exhibit A-1 B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing, and (iv) in the case of a Borrowing comprised consisting of Eurodollar Rate Advances, the initial Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Appropriate Lender shall, before 1:00 2:00 P.M. (New York City time) on the date of such Borrowing, Borrowing make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02the Agent’s Account, in same day funds, such Lender’s ratable portion of such Borrowing. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower at the Administrative Agent’s aforesaid addressaddress referred to in Section 8.02.
Appears in 2 contracts
Samples: Credit Agreement (Embarq CORP), Credit Agreement (Embarq CORP)
Making the Advances. (a) Each Borrowing shall be made on notice, given not later than 11:00 A.M. a.m. (New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing, in the case of a Borrowing comprised of Eurodollar Rate Advances, by the Borrower Company to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopiertelex, telecopier or cable. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telex, telecopier, cable or e-mail, confirmed promptly in writingwriting (and, in the case of e-mail, confirmed promptly with a signed copy of such notice sent via facsimile to the Administrative Agent), in substantially the form of Exhibit A-1 hereto, specifying therein the requested (i) date of such Borrowing, which date shall be a Business Day, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing, and (iv) in the case of a Borrowing comprised of Eurodollar Rate Advances, the Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b2.07(b). Each Lender shall, before 1:00 P.M. p.m. (New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02, in same day funds, such Lender’s ratable portion of such Borrowing. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower Company at the Administrative Agent’s aforesaid address.
Appears in 2 contracts
Samples: Credit Agreement (Progress Energy Inc), Credit Agreement (Progress Energy Inc)
Making the Advances. (a) Each Borrowing shall be made on notice, given not later than 11:00 A.M. a.m. (New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing, in the case of a Borrowing comprised of Eurodollar Rate Advances, by the Borrower Company to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopiertelex, telecopier or cable. Each such notice of a Borrowing (a “"Notice of Borrowing”") shall be by telecopiertelex, telecopier or cable, confirmed promptly in writing, in substantially the form of Exhibit A-1 hereto, specifying therein the requested (i) date of such Borrowing, which date shall be a Business Day, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing, and (iv) in the case of a Borrowing comprised of Eurodollar Rate Advances, the Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b2.07(b). Each Lender shall, before 1:00 P.M. p.m. (New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02, in same day funds, such Lender’s 's ratable portion of such Borrowing. After the Administrative Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower Company at the Administrative Agent’s 's aforesaid address.
Appears in 2 contracts
Samples: Credit Agreement (Progress Energy Inc), Credit Agreement (Progress Energy Inc)
Making the Advances. (a) Each Borrowing shall be made on notice, given not later than 11:00 A.M. a.m. (New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or (i) on the third Business Day prior to the date of the proposed Borrowing, in the case of a Borrowing comprised of Eurodollar Rate Advances and (ii) on the date of the proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, in each case by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopier, telex or cable. Each such notice of a Borrowing (a “"Notice of Borrowing”") shall be by telecopier, confirmed promptly in writingtelex or cable, in substantially the form of Exhibit A-1 2.02(a) hereto, specifying therein the requested (iA) date of such Borrowing, (iiB) Type of Advances comprising such Borrowing, (iiiC) aggregate amount of such Borrowing, Borrowing and (ivD) in the case of a Borrowing comprised of Eurodollar Rate Advances, the initial Interest Period for each such Advance. In Each Lender shall, before (x) 12:00 noon on the date of such Borrowing, in the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Lender shall, before and (y) 1:00 P.M. (New York City time) p.m. on the date of such Borrowing, in the case of a Borrowing comprised of Base Rate Advances, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02, in same day funds, such Lender’s 's ratable portion of such Borrowing. After the Administrative Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will promptly make such funds available to the Borrower at the Administrative Agent’s 's aforesaid address.
Appears in 2 contracts
Samples: Credit Agreement (Alliant Energy Corp), Credit Agreement (Alliant Energy Corp)
Making the Advances. (a) Each Borrowing The Borrowings to be made on the Closing Date pursuant to Section 2.01 shall be made on notice, which may be given not later than 11:00 A.M. by telephone or a Notice of Borrowing (New York City timeprovided, that any telephonic notice must be confirmed immediately by delivery to the Administrative Agent of a Notice of Borrowing). Such Notice of Borrowing must be given by the Borrower to the Administrative Agent (i) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base comprising Eurodollar Rate Advances, or not later than 11:00 a.m. (New York time) on the third Business Day prior to the date of Closing Date (or such other time as the proposed BorrowingAdministrative Agent and the Lenders may agree in their sole discretion), and (ii) in the case of a Borrowing comprised of Eurodollar comprising Alternate Base Rate Advances, by not later than 11:00 a.m. (New York time) on the Borrower to Closing Date, and the Administrative Agent, which Agent shall give to each Lender prompt notice thereof by telecopierthereof. Each such Such telephonic notice of a Borrowing (a “and Notice of Borrowing”) Borrowing shall be by telecopier, confirmed promptly in writing, in substantially the form of Exhibit A-1 hereto, specifying therein specify the requested (iA) date Type of Advances to be made in connection with such Borrowing, (ii) Type of Advances comprising such Borrowing, (iiiB) aggregate amount of such Borrowing, Borrowing and (ivC) in the case of a Borrowing comprised of comprising Eurodollar Rate Advances, the initial Interest Period for each such Advance. In , which Borrowing shall be subject to the case limitations stated in the definition of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under “Interest Period” in Section 2.06(b)1.01. Each Lender shall, before 1:00 P.M. p.m. (New York City time) on the date of such BorrowingClosing Date, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02, in same day funds, such Lender’s ratable portion Percentage of each such Borrowing. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower at the Administrative Agent’s aforesaid address.
Appears in 2 contracts
Samples: Credit Agreement (Firstenergy Corp), Credit Agreement (Firstenergy Corp)
Making the Advances. (a) Each Borrowing shall be made on notice, given not later than (1) in the case of a proposed Borrowing comprised of Eurodollar Rate Advances, 11:00 A.M. (New York City time) at least three Business Days prior to the date of the proposed Borrowing, and (2) in the case of a proposed Borrowing comprised of Base Rate Advances, 10:00 A.M. (New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing, in the case of a Borrowing comprised of Eurodollar Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Lender Bank prompt notice thereof by telecopiertelecopy, telex or cable. Each such notice of a Borrowing (a “"Notice of Borrowing”") shall be by telecopiertelephone, confirmed promptly immediately in writing, or by telecopy, telex or cable in substantially the form of Exhibit A-1 B hereto, executed by the Borrower and specifying therein the requested (i) date of such BorrowingBorrowing (which shall be a Business Day), (ii) initial Type of Advances comprising such Borrowing, (iii) Borrowing and the aggregate amount of such Borrowing, and (iv) in the case of a Borrowing comprised of Eurodollar Rate Advances, the Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Lender Bank shall, before 1:00 P.M. 11:00 A.M. (New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its New York address referred to in Section 8.028.2, in same day funds, such Lender’s Bank's ratable portion of such Borrowing. After the Administrative Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower at the Administrative Agent’s 's aforesaid address.
Appears in 2 contracts
Samples: Credit Agreement (Williams Companies Inc), Credit Agreement (Williams Companies Inc)
Making the Advances. (a) Each Except as otherwise provided in Section 2.03(c), each Borrowing shall be made on notice, given not later than (x) 11:00 A.M. (New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing, Borrowing in the case of a Borrowing comprised consisting of Eurodollar Rate Advances or (y) 11:00 A.M. (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopiertelephone, confirmed promptly immediately in writing, or telecopier in substantially the form of Exhibit A-1 B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing, and (iv) in the case of a Borrowing comprised consisting of Eurodollar Rate Advances, the initial Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Lender shall, before 1:00 P.M. (New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02the applicable Agent’s Account, in same day funds, such Lender’s ratable portion of such Borrowing. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower at the Administrative Agent’s aforesaid addressaddress referred to in Section 9.02 or at the applicable Payment Office, as the case may be.
Appears in 2 contracts
Samples: Credit Agreement (Hillenbrand, Inc.), Credit Agreement (Hill-Rom Holdings, Inc.)
Making the Advances. (a) Each Borrowing shall be made on notice, given not later than 11:00 A.M. a.m. (New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing, Borrowing in the case of a Borrowing comprised consisting of Eurodollar Rate Advances, or the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by the Borrower Company to the Administrative Agent, which shall give to each Lender Bank prompt notice thereof by telecopiertelecopier or telex. Each such notice of a Borrowing (a “"Notice of Borrowing”") shall be by telecopiertelecopier or telex, confirmed promptly in writing, in substantially the form of Exhibit A-1 heretoB, specifying therein the requested (i) date of such Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing, Borrowing and (iv) in the case of a Borrowing comprised consisting of Eurodollar Rate Advances, the initial Interest Period for each such Advance. In Each Bank shall, before 11:00 a.m. (New York City time), in the case of a proposed Borrowing comprised consisting of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Lender shall, or before 1:00 P.M. p.m. (New York City time) ), in the case of a Borrowing consisting of Base Rate Advances, on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02the Administrative Agent's Account, in same day funds, such Lender’s Bank's ratable portion of such Borrowing. After the Administrative Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such same day funds available to the Borrower Company at the Company's account at the Administrative Agent’s aforesaid address's address referred to in Section 9.02; provided that Advances made to finance an LC Reimbursement Obligation as provided in Section 2.02 shall be remitted by the Administrative Agent to the respective Issuing Bank or the Banks as their interests may appear.
Appears in 2 contracts
Samples: Letter of Credit Agreement (Cigna Corp), Letter of Credit Agreement (Cigna Corp)
Making the Advances. (a) Each Borrowing shall be made on noticenotice by the Borrower, given not later than 11:00 9:00 A.M. (New York City Tokyo time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing, in the case of a Borrowing comprised of Eurodollar Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopiertelecopier or other electronic communication. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopiertelephone, confirmed promptly immediately in writing, including by telecopier (or other electronic communication) in substantially the form of Exhibit A-1 A hereto, specifying therein the requested (i) date of such BorrowingBorrowing (which shall be a Business Day), (ii) Type Class of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing, and (iv) in the case initial Interest Period for such Advance, if such Borrowing is to consist of a Borrowing comprised of Eurodollar Eurocurrency Rate Advances, and (v) account or accounts in which the Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender proceeds of the applicable interest rate under Section 2.06(b)Borrowing should be credited. Each Lender shall, before 1:00 P.M. 11:00 A.M. (New York City Tokyo time) on the date of such Borrowing, Borrowing make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02the applicable Administrative Agent’s Office, in same day funds, such Lender’s ratable portion of such Borrowing. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower at in immediately available funds to the account or accounts specified by the Borrower to the Administrative Agent’s aforesaid addressAgent in the Notice of Borrowing relating to the applicable Borrowing. Notwithstanding anything to the contrary herein, there shall not be more than ten separate Borrowings of Advances.
Appears in 2 contracts
Samples: Bridge Credit Agreement (Takeda Pharmaceutical Co LTD), Bridge Credit Agreement (Takeda Pharmaceutical Co LTD)
Making the Advances. (a) Each Borrowing shall be made ------------------- on notice, given not later than 11:00 A.M. (New York City time) on the day of such proposed Borrowing, in same Business Day as the case date of a proposed Borrowing comprised of Base Rate Advances, or Advances and not later than 1:00 P.M. (New York City time) on the third Business Day prior to the date of the a proposed Borrowing, in the case of a Borrowing comprised of Eurodollar Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopiertelecopier or telex. Each such notice of a Borrowing (a “"Notice of Borrowing”") shall be by telecopiertelecopier or telex, or by telephone, confirmed promptly in writingimmediately by telecopier or telex, in substantially the form of Exhibit A-1 A hereto, specifying therein the requested (i) date of such BorrowingBorrowing (which shall be a Business Day), (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing, and (iv) in the case of a Borrowing comprised of Eurodollar Rate Advances, the initial Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Lender shall, before 1:00 P.M. (New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02the Administrative Agent's Account, in same day funds, such Lender’s 's ratable portion of such Borrowing. After the Administrative Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower at the office where the Administrative Agent’s aforesaid address's Account is maintained.
Appears in 2 contracts
Samples: Credit Agreement (Walt Disney Co/), Credit Agreement (Walt Disney Co/)
Making the Advances. (a) Each Borrowing shall be made on notice, which may be given not later than 11:00 A.M. by telephone or a Notice of Borrowing (New York City timeprovided, that any telephonic notice must be confirmed immediately by delivery to the Administrative Agent of a Notice of Borrowing). Such Notice of Borrowing must be given by the Borrower to the Administrative Agent (i) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base comprising Eurodollar Rate Advances, or not later than 11:00 a.m. (New York time) on the third Business Day prior to the date of the proposed BorrowingClosing Date, and (ii) in the case of a Borrowing comprised of Eurodollar comprising Alternate Base Rate Advances, by not later than 11:00 a.m. (New York time) on the Borrower to Closing Date, and the Administrative Agent, which Agent shall give to each Lender prompt notice thereof by telecopierthereof. Each such Such telephonic notice of a Borrowing (a “and Notice of Borrowing”) Borrowing shall be by telecopier, confirmed promptly in writing, in substantially the form of Exhibit A-1 hereto, specifying therein specify the requested (iA) date Type of Advances to be made in connection with such Borrowing, (ii) Type of Advances comprising such Borrowing, (iiiB) aggregate amount of such Borrowing, Borrowing and (ivC) in the case of a Borrowing comprised of comprising Eurodollar Rate Advances, the initial Interest Period for each such Advance. In , which Borrowing shall be subject to the case limitations stated in the definition of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under “Interest Period” in Section 2.06(b)1.01. Each Lender shall, before 1:00 P.M. p.m. (New York City time) on the date of such BorrowingClosing Date, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02, in same day funds, such Lender’s ratable portion Percentage of each such Borrowing. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower at the Administrative Agent’s aforesaid address.
Appears in 2 contracts
Samples: Credit Agreement (FirstEnergy Solutions Corp.), Credit Agreement
Making the Advances. (a) Each Borrowing shall be made on notice, given not later than 11:00 A.M. (x) 12:00 noon (New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing, Borrowing in the case of a Borrowing comprised consisting of Eurodollar Rate Advances or (y) 12:00 noon (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopier. Each such notice of such a Borrowing (a “"Notice of Borrowing”") shall be by telecopiertelephone, confirmed promptly immediately in writing, or telecopier in substantially the form of Exhibit A-1 B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing, and (iv) in the case of a Borrowing comprised consisting of Eurodollar Rate Advances, the initial Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Lender shall, before 1:00 2:00 P.M. (New York City time) on the date of such Borrowing, Borrowing make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02the Agent's Account, in same day funds, such Lender’s 's ratable portion of such Borrowing. After the Administrative Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will promptly, and in any event on the date of such Borrowing, make such funds available to the Borrower at by wire transfer to the Administrative Agent’s aforesaid addressBorrower's Account.
Appears in 2 contracts
Samples: Bridge Credit Agreement (Tribune Co), Bridge Credit Agreement (Tribune Co)
Making the Advances. (a) Each Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing, in the case of a Borrowing comprised of Eurodollar Rate Advances, by the Borrower Company to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopiertelex, telecopier or cable. Each such notice of a Borrowing (a “"Notice of Borrowing”") shall be by telecopiertelex, telecopier or cable, confirmed promptly in writing, in substantially the form of Exhibit A-1 hereto, specifying therein the requested (i) date of such Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing, and (iv) in the case of a Borrowing comprised of Eurodollar Rate Advances, the Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b2.07(b). Each Lender shall, before 1:00 12:00 P.M. (New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02, in same day funds, such Lender’s 's ratable portion of such Borrowing. After the Administrative Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower Company at the Administrative Agent’s 's aforesaid address.
Appears in 2 contracts
Samples: Credit Agreement (Progress Energy Inc), Credit Agreement (Progress Energy Inc)
Making the Advances. (a) Each Except as otherwise provided in Section 2.02(b) or 2.03, each Borrowing (other than a Competitive Bid Borrowing) shall be made on notice, given not later than 11:00 A.M. 12:00 Noon (New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing, Borrowing in the case of a Borrowing comprised consisting of Eurodollar Eurocurrency Rate Advances, or the first Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Prime Rate Advances, by the relevant Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopiertelecopier or telex. Each such notice of a Borrowing (a “"Notice of Borrowing”") shall be by telecopiertelephone, confirmed promptly immediately in writing, or telecopier or telex in substantially the form of Exhibit A-1 B-1 hereto, specifying therein the requested (i) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iiiiv) aggregate amount of such Borrowing, and (ivv) in the case of a Borrowing comprised consisting of Eurodollar Eurocurrency Rate Advances, the initial Interest Period and the currency for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Lender shall, before 1:00 P.M. 12:00 Noon (New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02the Administrative Agent's Account, in same day funds, such Lender’s 's ratable portion of such Borrowing. After the Administrative Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower at the Administrative Agent’s aforesaid address's address referred to in Section 9.02.
Appears in 2 contracts
Samples: Pledge Agreement (Paxar Corp), Credit Agreement (Paxar Corp)
Making the Advances. (a) Each Borrowing shall be made on notice, given not later than (x) 11:00 A.M. (New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing, Borrowing in the case of a Borrowing comprised consisting of Eurodollar Rate Advances or (y) 11:00 A.M. (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by the Borrower to the Administrative Designated Agent, which shall give to each Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopiertelephone, confirmed promptly immediately in writing, or telecopier in substantially the form of Exhibit A-1 B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing, and (iv) in the case of a Borrowing comprised consisting of Eurodollar Rate Advances, the initial Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Lender shall, before 1:00 P.M. (New York City time) on the date of such Borrowing, Borrowing make available for the account of its Applicable Lending Office to the Administrative Designated Agent at its address referred to in Section 8.02the Designated Agent’s Account, in same day funds, such Lender’s ratable portion of such Borrowing. After the Administrative Designated Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Designated Agent will make such funds available to the Borrower at the Administrative Designated Agent’s aforesaid addressaddress referred to in Section 9.02.
Appears in 2 contracts
Samples: Credit Agreement (Twenty-First Century Fox, Inc.), Credit Agreement (News Corp)
Making the Advances. (a) Each Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing, Borrowing in the case of a Borrowing comprised consisting of Eurodollar Rate Advances, or 10:30 A.M. (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telephone, confirmed immediately in writing, or by telecopier. Each such notice of a Borrowing (a “"Notice of Borrowing”") shall be by telecopiertelephone, confirmed promptly immediately in writing, or telecopier, in substantially the form of Exhibit A-1 B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iiiiv) aggregate amount of such Borrowing, Borrowing and (ivv) in the case of a Borrowing comprised consisting of Eurodollar Rate Advances, the initial Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Appropriate Lender shall, before 1:00 P.M. 11:00 A.M. (New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02the Administrative Agent's Account, in same day funds, such Lender’s 's ratable portion of such BorrowingBorrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate Lenders. After the Administrative Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower at by crediting such account or accounts as the Administrative Agent’s aforesaid addressBorrower shall direct.
Appears in 2 contracts
Samples: Credit Agreement (Sodexho Alliance S A), Credit Agreement (Sodexho Mariott Services Inc)
Making the Advances. (a) Each Except as otherwise provided in Section 2.03(c), each Borrowing shall be made on notice, given not later than (x) 11:00 A.M. (New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing, Borrowing in the case of a Borrowing comprised consisting of Eurodollar Rate Advances or (y) 11:00 A.M. (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by the any Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopiertelephone, confirmed promptly immediately in writing, or telecopier in substantially the form of Exhibit A-1 B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing, and (iv) in the case of a Borrowing comprised consisting of Eurodollar Rate Advances, the initial Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Lender shall, before 1:00 P.M. (New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02the Agent’s Account, in same day funds, such Lender’s ratable portion of such Borrowing. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article IIISection 3.02, the Administrative Agent will make such funds available to the Borrower requesting the Borrowing at the Administrative Agent’s aforesaid addressaddress referred to in Section 9.02.
Appears in 2 contracts
Samples: Credit Agreement (Cooper Industries PLC), Credit Agreement (Cooper Industries PLC)
Making the Advances. (a) Each Except as otherwise provided in Section 2.03, each Borrowing shall be made on notice, given not later than (x) 11:00 A.M. (New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing, Borrowing in the case of a Borrowing comprised consisting of Eurodollar Rate Advances or (y) 11:00 A.M. (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopiertelephone, confirmed promptly immediately in writing, or telecopier in substantially the form of Exhibit A-1 B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing, and (iv) in the case of a Borrowing comprised consisting of Eurodollar Rate Advances, the initial Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Lender shall, before 1:00 P.M. (New York City time) on the date of such Borrowing, Borrowing make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02the Agent’s Account, in same day funds, such Lender’s ratable portion of such BorrowingBorrowing in accordance with the respective Revolving Credit Commitments of such Lender and the other Lenders. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower at the Administrative Agent’s aforesaid addressaddress referred to in Section 8.02.
Appears in 2 contracts
Samples: Credit Agreement (Packaging Corp of America), Five Year Credit Agreement (Packaging Corp of America)
Making the Advances. (a) Each Borrowing shall be made on noticeExcept as otherwise provided herein, given the Borrower may from time to time prior to the Commitment Termination Date request the Lenders to make Advances to the Borrower by the delivery to the Servicing Agent, the Agent and the Lenders, not later than 11:00 10:00 A.M. (New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third (i) three (3) Business Day Days prior to the proposed borrowing date of a Fixed-Rate Advance or Discretionary Non-Ratable Advance and (ii) on the proposed Borrowingborrowing date of a Floating-Rate Advance, in the case either case, of a Borrowing comprised of Eurodollar Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopier. Each such duly completed notice of a Borrowing borrowing (a “"Notice of Borrowing”") shall be therefor, or a request by telecopier, telephone immediately confirmed promptly in writingwriting (including by any tele-transmission) signed by an Authorized Officer in such notice, in substantially the form of Exhibit A-1 C hereto. The Servicing Agent shall have no duty to verify the authenticity of the signature appearing on any Notice of Borrowing and, specifying therein with respect to any telephonic request for an Advance, the requested (i) Servicing Agent shall have no duty to verify the identity of any individual representing himself as an Authorized Officer. Any Notice of Borrowing received by the Servicing Agent after the time specified in the immediately preceding sentence shall be deemed to have been received by the Servicing Agent on the next Business Day, and the date specified in any such Notice of Borrowing as the proposed Borrowing Date of an Advance shall be deemed to be the Business Day immediately succeeding the proposed Borrowing Date of such Advance specified in such Notice of Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing, and (iv) in the case of a Borrowing comprised of Eurodollar Rate Advances, the Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Lender shall, before 1:00 P.M. (New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02, in same day funds, such Lender’s ratable portion of such Borrowing. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower at the Administrative Agent’s aforesaid address.
Appears in 1 contract
Samples: Revolving Credit Agreement (Wentworth J G & Co Inc)
Making the Advances. (a) Each Except as otherwise provided in Section 2.03(c), each Borrowing shall be made on notice, given not later than (x) 11:00 A.M. (New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing, Borrowing in the case of 11 a Borrowing consisting of Eurodollar Rate Advances or (y) 11:00 A.M. (New York City time) on the date of the proposed Borrowing in the case of a Borrowing comprised consisting of Eurodollar Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopiertelephone, confirmed promptly immediately in writing, or telecopier in substantially the form of Exhibit A-1 B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing, and (iv) in the case of a Borrowing comprised consisting of Eurodollar Rate Advances, the initial Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Lender shall, before 1:00 P.M. (New York City time) on the date of such Borrowing, Borrowing make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02the Agent’s Account, in same day funds, such Lender’s ratable portion of such Borrowing. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower at the Administrative Agent’s aforesaid addressaddress referred to in Section 8.02.
Appears in 1 contract
Samples: Credit Agreement (Intuit Inc)
Making the Advances. (a) Each Except as otherwise provided in Section 2.02(b) or 2.03, each Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing, Borrowing in the case of a Borrowing comprised consisting of Eurodollar Rate Advances, or the Business Day of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by the Applicable Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopierthereof. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopiertelephone, confirmed promptly immediately in writing, or telecopier, in substantially the form of Exhibit A-1 B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iiiiv) aggregate amount of such Borrowing, Borrowing and (ivv) in the case of a Borrowing comprised consisting of Eurodollar Rate Advances, the initial Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Appropriate Lender shall, before 1:00 P.M. 11:00 A.M. (New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02the Administrative Agent’s Account, in same day funds, such Lender’s ratable portion of such BorrowingBorrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate Lenders. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Applicable Borrower at by crediting the applicable Borrower’s Account; provided, however, that, in the case of any Revolving Credit Borrowing, the Administrative Agent’s aforesaid addressAgent shall first apply such funds to prepay ratably the aggregate principal amount of any Swing Line Advances and Letter of Credit Advances outstanding at such time, together with interest accrued and unpaid thereon to and as of such date.
Appears in 1 contract
Making the Advances. (a) Each The Borrowing shall be made on notice, notice given by the Borrower to the Administrative Agent not later than 11:00 A.M. (New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date proposed Borrowing Date (the "Notice of Borrowing"). Immediately following receipt of the proposed Notice of Borrowing, in the case of a Borrowing comprised of Eurodollar Rate Advances, by the Borrower to the Administrative Agent, which Agent shall give to each Lender prompt notice thereof by telecopier. Each telex or facsimile transmission (in the case of EDC, such notice of a Borrowing (a “will be sent by facsimile transmission). The Notice of Borrowing”) Borrowing shall be sent by telecopierthe Borrower requesting the Advance by telex or facsimile transmission, confirmed promptly immediately in writing, in substantially the form of Exhibit A-1 B hereto, specifying therein the requested (i) date of such Borrowingthe requested Borrowing Date, (ii) Type the requested aggregate principal amount of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowingthe Interest Period therefor, and (iv) in the case of a Borrowing comprised of Eurodollar Rate Advances, the Interest Period payment instructions for each such AdvanceBorrowing. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the The Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b)2.05. Each Lender shall, before 1:00 P.M. 11:00 A.M. (New York City time) on the date of such BorrowingBorrowing Date, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02the Administrative Agent's Account, in same day funds, such Lender’s 's ratable portion of such Borrowing. After the Administrative Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower at requesting the Administrative Agent’s aforesaid addressAdvance by crediting the account of the Borrower, in immediately available funds.
Appears in 1 contract
Samples: Credit Agreement (Mexican Economic Development Inc)
Making the Advances. (a) Each Borrowing shall be made on notice, given (i) in the case of a Borrowing comprising Eurodollar Rate Advances, not later than 11:00 A.M. (New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing, and (ii) in the case of a Borrowing comprised of Eurodollar comprising Base Rate Advances, not later than 1:00 P.M. (New York City time) on the date of the proposed Borrowing, by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopierthereof. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be transmitted by telecopier, confirmed promptly in writing, facsimile or email in substantially the form of Exhibit A-1 hereto, specifying therein the requested (iA) date of such Borrowing, (iiB) Type of Advances comprising to be made in connection with such Borrowing, (iiiC) aggregate amount of such Borrowing, (D) wire instructions of the Borrower, and (ivE) in the case of a Borrowing comprised of comprising Eurodollar Rate Advances, the initial Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Lender shall, before 1:00 (x) 12:00 noon (New York City time) on the date of any Borrowing comprising Eurodollar Rate Advances, and (y) 3:00 P.M. (New York City time) on the date of such Borrowingany Borrowing comprising Base Rate Advances, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02, in same day funds, such Lender’s ratable portion of such Borrowing. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower at the Administrative Agent’s aforesaid address.
Appears in 1 contract
Making the Advances. (a) Each Borrowing shall be made on -------------------- notice, given not later than 11:00 A.M. (New York City time) on the day of such proposed Borrowing, in same Business Day as the case date of a proposed Borrowing comprised of Base Rate Advances, or Advances and not later than 1:00 P.M. (New York City time) on the third Business Day prior to the date of the a proposed Borrowing, in the case of a Borrowing comprised of Eurodollar Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopiertelecopier or telex. Each such notice of a Borrowing (a “Notice of Borrowing”"NOTICE OF BORROWING") shall be by telecopiertelecopier or telex, or by telephone, confirmed promptly in writingimmediately by telecopier or telex, in substantially the form of Exhibit A-1 A hereto, specifying therein the requested (i) date of such BorrowingBorrowing (which shall be a Business Day), (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing, and (iv) in the case of a Borrowing comprised of Eurodollar Rate Advances, the initial Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Lender shall, before 1:00 P.M. (New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02the Administrative Agent's Account, in same day funds, such Lender’s 's ratable portion of such Borrowing. After the Administrative Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower at the office where the Administrative Agent’s aforesaid address's Account is maintained.
Appears in 1 contract
Samples: Dc Holdco Inc
Making the Advances. (a) Each Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing, Borrowing in the case of a Borrowing comprised consisting of Eurodollar Rate Advances, or the first Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telex or telecopier. Each such notice of a Borrowing (a “"Notice of Borrowing”") shall be by telecopiertelephone, confirmed promptly immediately in writing, or telex or telecopier, in substantially the form of Exhibit A-1 B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iiiiv) aggregate amount of such Borrowing, Borrowing and (ivv) in the case of a Borrowing comprised consisting of Eurodollar Rate Advances, the initial Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Appropriate Lender shall, before 1:00 P.M. 11:00 A.M. (New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02the Administrative Agent's Account, in same day funds, such Lender’s 's ratable portion of such BorrowingBorrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate Lenders. After the Administrative Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower at by crediting the Administrative Agent’s aforesaid addressBorrower's Account.
Appears in 1 contract
Samples: Credit Agreement (Itc Deltacom Inc)
Making the Advances. (a) Each Borrowing shall be made on notice, given not later than 11:00 A.M. 5:00 P.M. (New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed such Borrowing, in the case of a Borrowing comprised of Eurodollar Rate Advances, by the applicable Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopierthereof. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopiertelephone, confirmed promptly immediately in writing, or telecopier or telex in substantially the form of Exhibit A-1 B-1 hereto, specifying therein the requested (i) date of such BorrowingBorrowing (which shall be a Business Day) and identity of the applicable Borrower, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing, and (iviii) in the case of a Borrowing comprised of Eurodollar Rate Advances, the initial Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b)Period. Each Lender shall, before 1:00 P.M. 11:00 A.M. (New York City London time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02the applicable Agent’s Account, in same day funds, such Lender’s ratable portion of such each Borrowing. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower at that requested such Advances via wire transfer as directed by such Borrower in the Administrative Agent’s aforesaid addressapplicable Notice of Borrowing, provided that (A) if the First Borrowing occurs before December 27, 2007, the proceeds thereof shall be disbursed to the Escrow Agent pursuant to the terms of the Escrow Agreement, and (B) in all other cases, the proceeds of the applicable Borrowing shall be disbursed to the Notary.
Appears in 1 contract
Making the Advances. (a) Each Except as otherwise provided in Section 2.03(c), each Borrowing shall be made on notice, given not later than 11:00 A.M. (x) 12:00 noon (New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing, Borrowing in the case of a Borrowing comprised consisting of Eurodollar Rate Advances or (y) 12:00 noon (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopierfacsimile. Each such notice of a Borrowing (a “"Notice of Borrowing”") shall be in writing or by telecopier, confirmed promptly in writing, facsimile in substantially the form of Exhibit A-1 B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing, and (iv) in the case of a Borrowing comprised consisting of Eurodollar Rate Advances, the initial Interest Period for each such Advance. In Each Lender shall, in the case of a proposed Borrowing comprised consisting of Eurodollar Base Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Lender shall, before 1:00 2:00 P.M. (New York City time) on the date of such Borrowing, and in the case of a Borrowing consisting of Eurodollar Rate Advances, before 11:00 A.M. (New York City time) on date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02the Agent's Account, in same day funds, such Lender’s 's ratable portion of such Borrowing. After the Administrative Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower at the Administrative Agent’s aforesaid address's address referred to in Section 8.02 or as requested by the Borrower in the applicable Notice of Borrowing.
Appears in 1 contract
Making the Advances. (a) Each Except as otherwise provided in Section 2.15, each Borrowing shall be made on notice, notice given not later than 11:00 A.M. (New York City time) on the day of such proposed Borrowing, in first Business Day prior to the case date of a proposed Borrowing comprised consisting of Base Rate Advances, Advances or on the third Business Day prior to the date of the a proposed Borrowing, in the case of a Borrowing comprised consisting of Eurodollar Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopier, telex or cable. Each such notice of a Borrowing (a “"Notice of Borrowing”") shall be by telecopier, telex or cable, and, with respect to a Notice of Borrowing by telex or cable, confirmed promptly immediately thereafter in writing, in substantially the form of Exhibit A-1 C hereto, specifying therein the requested (i) date of such Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing, Borrowing and (iv) in the case of a Borrowing comprised of Eurodollar Rate Advances, the Interest Period for each Eurodollar Rate Advance included in such AdvanceBorrowing. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify the Borrower and each Lender of the applicable interest rate under Section 2.06(b2.06(a)(ii). Each Lender shall, before 1:00 P.M. 12:00 noon (New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02the Administrative Agent's Account, in same day funds, such Lender’s 's ratable portion of such Borrowing. After the Administrative Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to by crediting the Borrower at the Administrative Agent’s aforesaid addressBorrower's Account.
Appears in 1 contract
Samples: Revolving Credit Agreement (Andrews Group Inc /De/)
Making the Advances. (a) Each Borrowing shall be made on noticenotice to the Administrative Agent, which may be given by (1) telephone or (2) an Advance Notice; provided that any telephone notice must be confirmed promptly by delivery to the Administrative Agent of an Advance Notice. Each such Advance Notice must be received not later than 11:00 A.M. (x) 1:00 P.M. (New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing, Borrowing in the case of a Borrowing comprised consisting of Eurodollar Term SOFR Advances, (y) 1:00 P.M. (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, or (z) 1:00 P.M. (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of SOFR Daily Floating Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopier, confirmed promptly in writing, in substantially the form of Exhibit A-1 hereto, specifying therein the requested (i) date of such Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing, and (iv) in the case of a Borrowing comprised of Eurodollar Rate Advances, the Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b)thereof. Each Lender shall, before 1:00 3:00 P.M. (New York City time) on the date of such Borrowing, make available for the account of its Applicable applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02the Administrative Agent’s Office, in same day fundsSame Day Funds, such LenderXxxxxx’s ratable portion Pro Rata Share of such Borrowing. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower at the Administrative Agent’s aforesaid addressaddress referred to in Section 8.02; provided, however, that if, on the date the Advance Notice with respect to such Borrowing is given by the Borrower, there are L/C Borrowings outstanding, then the proceeds of such Borrowing, first, shall be applied to the payment in full of any such L/C Borrowings, and second, shall be made available to the Borrower as provided above.
Appears in 1 contract
Samples: Credit Agreement (Invesco Ltd.)
Making the Advances. (a) Each Borrowing shall be in an amount not less than $10,000,000 (or, if less, the Available Commitments at such time) or an integral multiple of $1,000,000 in excess thereof and shall consist of Advances of the same Type made on the same day by the Lenders ratably according to their respective Commitment Percentages. Each Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing, Borrowing in the case of a Borrowing comprised consisting of Eurodollar Rate Advances, or not later than 9:30 A.M. on the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopierwritten notice. Each such notice of a Borrowing under this Section 2.02 (a “Notice of Borrowing”) shall be by telecopiertelephone, confirmed promptly immediately in writing, or fax in substantially the form of Exhibit A-1 A hereto, specifying therein the requested (i) date of Borrowing Date for such Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing, and (iv) in the case of a Borrowing comprised consisting of Eurodollar Rate Advances, the initial Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Lender shall, before 1:00 P.M. (New York City time) 12:00 noon on the date of such Borrowingapplicable Borrowing Date, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02the Agent’s Account, in same day funds, such Lender’s ratable portion of the Borrowing to be made on such BorrowingBorrowing Date. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will promptly make such funds available to the Borrower at in such manner as the Borrower shall have specified in the applicable Notice of Borrowing and as shall be reasonably acceptable to the Administrative Agent’s aforesaid address.
Appears in 1 contract
Samples: Term Credit Agreement (Southwestern Electric Power Co)
Making the Advances. (a) Each Borrowing shall be made on notice, given not later than (x) 11:00 A.M. (New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing, Borrowing in the case of a Borrowing comprised consisting of Eurodollar Rate Advances or (y) 11:00 A.M. (New York City time) on the first Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopiertelecopier or telex. Each such notice of a Borrowing (a “Notice of Borrowing”"NOTICE OF BORROWING") shall be by telecopiertelephone, confirmed promptly immediately in writing, or telecopier or telex in substantially the form of Exhibit A-1 B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing, and (iv) in the case of a Borrowing comprised consisting of Eurodollar Rate Advances, the initial Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Lender shall, before 1:00 P.M. 11:00 A.M. (New York City time) on the date of such Borrowing, Borrowing make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02the Agent's Account, in same day funds, such Lender’s 's ratable portion of such Borrowing. After the Administrative Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower at the Administrative Agent’s aforesaid address's address referred to in Section 8.02.
Appears in 1 contract
Samples: Day Credit Agreement (Platinum Underwriters Holdings LTD)
Making the Advances. (a) Each Borrowing shall be made on notice, given not later than (x) 11:00 A.M. (New York City time) on the day of such proposed Borrowing, in the case date of a proposed Borrowing comprised consisting of Base Rate Advances, or Advances and (y) 11:00 A.M. (New York City time) on the third Business Day prior to the date of the a proposed Borrowing, in the case of a Borrowing comprised consisting of Eurodollar Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be sent by telecopier, confirmed promptly immediately in writing, in substantially the form of Exhibit A-1 D hereto, specifying therein the requested (i) date of such Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing, and (iv) in the case of a Borrowing comprised of Eurodollar Rate Advances, the initial Interest Period for each such Advance. In The Borrower may, subject to the case of a proposed conditions herein provided, borrow more than one Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b)on any Business Day. Each Lender shall, before 1:00 2:00 P.M. (New York City time) in the case of a Borrowing consisting of Base Rate Advances and before 11:00 A.M. (New York City time) in the case of a Borrowing consisting of Eurodollar Rate Advances, in each case on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02, in same day funds, such Lender’s ratable portion of such Borrowing. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower at the Administrative Agent’s aforesaid address.
Appears in 1 contract
Samples: Revolving Credit Agreement (Hormel Foods Corp /De/)
Making the Advances. (a) Each Borrowing shall be made on notice, given (i) in the case of a Borrowing comprising Eurodollar Rate Advances, not later than 11:00 A.M. (New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing, and (ii) in the case of a Borrowing comprised of Eurodollar comprising Alternate Base Rate Advances, not later than 11:00 A.M. (New York time) on the date of the proposed Borrowing, by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopierthereof. Each such notice of a Borrowing (a “Notice of Borrowing”) by the Borrower shall be by telecopier, confirmed promptly in writingtelecopier or cable, in substantially the form of Exhibit A-1 B hereto, specifying therein the requested (iA) date of such Borrowing, (iiB) Type of Advances comprising to be made in connection with such Borrowing, (iiiC) aggregate amount of such Borrowing, and (ivD) in the case of a Borrowing comprised of comprising Eurodollar Rate Advances, the initial Interest Period for each such Advance. In , which Borrowing shall be subject to the case limitations stated in the definition of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under “Interest Period” in Section 2.06(b)1.01. Each Lender shall, before 1:00 P.M. p.m. (New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02, in same day funds, such Lender’s ratable portion (according to the Lenders’ respective Commitments) of such Borrowing. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower at the Administrative Agent’s aforesaid address.
Appears in 1 contract
Making the Advances. (a) Each The Borrowing shall be made on notice, given not later than (x) 11:00 A.M. (New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing, Borrowing in the case of a Borrowing comprised consisting of Eurodollar Rate Advances or (y) 11:00 A.M. (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by a Responsible Officer of the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopier, (x) telephone and confirmed promptly immediately in writing, or (y) delivery of a notice in substantially the form of Exhibit A-1 heretoB hereto or such other form as may be approved by the Agent (including any form on an electronic platform or electronic transmission system as shall be approved by the Agent), specifying therein the requested (i) date of such Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing, and (iv) in the case of a Borrowing comprised consisting of Eurodollar Rate Advances, the initial Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Lender shall, before 1:00 P.M. (New York City time) on the date of such Borrowing, Borrowing make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02the applicable Agent’s Account, in same day funds, such Lender’s ratable portion of such Borrowing. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable 12 CA, Inc. Credit Agreement conditions set forth in Article IIISection 3.02, the Administrative Agent will make such funds available to the Borrower in same day funds on the date of such Borrowing at the Administrative Agent’s aforesaid addressaddress referred to in Section 8.02.
Appears in 1 contract
Samples: Assignment and Assumption (Ca, Inc.)
Making the Advances. (a) Each Borrowing shall be made on notice, given not later than 11:00 A.M. 12:00 noon (New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing, Borrowing in the case of a Borrowing comprised consisting of Eurodollar Rate Advances, by the Borrower Borrowers to the Administrative Agent, which shall give to each Lender prompt notice thereof by telex or telecopier. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopiertelephone, confirmed promptly immediately in writing, or telex or telecopier, in substantially the form of Exhibit A-1 B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing, Borrowing and (iv) in the case of a Borrowing comprised consisting of Eurodollar Rate Advances, the initial Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Lender shall, before 1:00 P.M. p.m. (New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02the Administrative Agent’s Account, in same day funds, such Lender’s ratable portion of such BorrowingBorrowing in accordance with the respective Commitments of such Lender and the other Lenders. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower at Borrowers by crediting the Administrative Agent’s aforesaid addressBorrowers’ Account or such other account as the Borrowers shall request.
Appears in 1 contract
Samples: Term Facility Credit Agreement (World Color Press Inc.)
Making the Advances. (a) Each Except as otherwise provided in Section 2.03(c), each Borrowing shall be made on notice, given not later than (x) 11:00 A.M. (New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing, Borrowing in the case of a Borrowing comprised consisting of Eurodollar Rate Advances or (y) 11:00 A.M. (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by the applicable Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopieremail or facsimile. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopiertelephone, confirmed promptly immediately in writing, or email or facsimile in substantially the form of Exhibit A-1 B hereto, specifying therein the requested (i) date and Facility of such Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing, and (iv) in the case of a Borrowing comprised consisting of Eurodollar Rate Advances, the initial Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Lender shall, before 1:00 P.M. (New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02the Agent’s Account, in same day funds, such Lender’s ratable portion of such Borrowing. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article IIISection 3.03, the Administrative Agent will shall make such funds available to the Borrower at the Administrative Agent’s aforesaid addressthat requested such Advance by depositing such funds to such account as such Borrower shall specify.
Appears in 1 contract
Samples: Credit Agreement (LUBRIZOL Corp)
Making the Advances. (a) Each Borrowing shall be made on notice, given not later than (x) 11:00 A.M. (New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing, Borrowing (or such shorter period as may otherwise be agreed to by the Arrangers) in the case of a Borrowing comprised consisting of Eurodollar Rate Advances or (y) 11:00 A.M. (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopiertelephone, confirmed promptly immediately in writing, or telecopier in substantially the form of Exhibit A-1 B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing, and (iv) in the case of a Borrowing comprised consisting of Eurodollar Rate Advances, the initial Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Lender shall, before 1:00 P.M. (New York City time) on the date of such Borrowing, Borrowing make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02the Agent’s Account, in same day funds, such Lender’s ratable portion of such Borrowing. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower at the Administrative Agent’s aforesaid addressaddress referred to in Section 8.02.
Appears in 1 contract
Making the Advances. (a) Each Except as otherwise provided in Section 3.05, each Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing, Borrowing in the case of a Borrowing comprised consisting of Eurodollar Rate Advances, or the first Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances or a Borrowing consisting of RTFC Rate Advances, by the Borrower to the Administrative Agent, which and the Administrative Agent shall give to each Appropriate Lender prompt notice thereof by telecopiertelecopier or electronic communication. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopier, confirmed promptly in writing, or telecopier or electronic communication, in substantially the form of Exhibit A-1 B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iiiiv) aggregate amount of such Borrowing, Borrowing and (ivv) in the case of a Borrowing comprised consisting of Eurodollar Rate Advances, the initial Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Appropriate Lender shall, before 1:00 P.M. 11:00 A.M. (New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02Agent, in same day funds, such Lender’s ratable portion Pro Rata Share of such Borrowing. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article IIIIV, the Administrative Agent will make such funds available to the Borrower at by crediting the Administrative AgentBorrower’s aforesaid addressAccount.
Appears in 1 contract
Making the Advances. (a) Each Except as otherwise provided in Section 2.02(b), each Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or (i) on the third Business Day prior to the date of the proposed Borrowing, Borrowing in the case of a Borrowing comprised of Eurodollar Rate AdvancesBorrowings and (ii) on the same Business Day in the case of Base Rate Borrowings, by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopiertelex, telecopier or cable. Each such notice of a Borrowing (a “"Notice of Borrowing”") shall be by telecopiertelephone, telex, telecopier or cable, confirmed promptly immediately in writing, in substantially the form of Exhibit A-1 B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing, Borrowing and (iv) in the case of a Borrowing comprised consisting of Eurodollar Rate Advances, the initial Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the 33 29 applicable interest rate under Section 2.06(b2.08(a)(ii). Each Lender shall, before 1:00 P.M. 12:00 noon (New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02the Administrative Agent's Account, in same day funds, such Lender’s 's ratable portion of such BorrowingBorrowing in accordance with the respective Commitments of such Lender and the other Lenders. After the Administrative Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower at the Administrative Agent’s aforesaid addressBorrower.
Appears in 1 contract
Samples: Day Credit Agreement (Borden Inc)
Making the Advances. (a) Each Except as otherwise provided in Section 2.03(c), each Borrowing shall be made on notice, given not later than (x) 11:00 A.M. (New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing, Borrowing in the case of a Borrowing comprised consisting of Eurodollar Rate Advances or (y) 11:00 A.M. (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by the applicable Borrower to the Administrative Agent, which shall give to each applicable Lender prompt notice thereof by telecopiertelecopier or any other electronic means agreed to by the Agent. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopiertelephone, confirmed promptly in writing, or by telecopier (or any other electronic means agreed to by the Agent), in substantially the form of Exhibit A-1 B hereto, specifying therein the requested (i) date of such Borrowing, (ii) whether such Borrowing is a US Borrowing or a Canadian Borrowing, (iii) Type of Advances comprising such Borrowing, (iiiiv) aggregate amount of such Borrowing, Borrowing and (ivv) in the case of a Borrowing comprised consisting of Eurodollar Rate Advances, the initial Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the Each applicable interest rate under Section 2.06(b). Each Lender shall, before 1:00 P.M. (New York City time) on the date of such Borrowing, Borrowing make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02the Agent’s Account, in same day funds, such Lender’s ratable portion Ratable Share of such Borrowing. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the applicable Borrower at the Administrative Agent’s aforesaid addressaddress referred to in Section 9.02(a).
Appears in 1 contract
Samples: Credit Agreement (Eastman Kodak Co)
Making the Advances. (a) Each Borrowing shall be made on notice, given not later than 11:00 A.M. (A) 12:00 noon (New York City time) on the day first Business Day prior to the date of such the proposed Borrowing, Borrowing in the case of a Borrowing comprised consisting of Base Rate Advances, or (B) 12:00 noon (New York City time) on the third Business Day prior to the date of the proposed Borrowing, Borrowing in the case of a Borrowing comprised consisting of Eurodollar Rate Advances, Advances by the relevant Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopiertelex, telecopier or cable. Each such notice of a Borrowing (a “"Notice of Borrowing”") shall be by telecopiertelex, confirmed promptly in writingtelecopier or cable, in substantially the form of Exhibit A-1 B hereto, specifying therein the requested (i) date of such BorrowingBorrowing (which shall be a Business Day), (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing, Borrowing and (iv) in the case of a Borrowing comprised consisting of Eurodollar Rate Advances, the initial Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b2.06(a)(ii). Each Lender shall, before 1:00 P.M. 12:00 noon (New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02the Administrative Agent's Account, in same day funds, such Lender’s ratable portion 's pro rata share of such Borrowing. After the Administrative Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower at giving the Administrative Agent’s aforesaid addressNotice of Borrowing by crediting the GNI Borrower Account or the GNC Borrower Account, as appropriate.
Appears in 1 contract
Samples: 1998 Term Credit Agreement (General Nutrition Companies Inc)
Making the Advances. (a) Each Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City time) on the day of such proposed Borrowing10:30 A.M., in the case of a Borrowing comprised of Alternate Base Rate Advances, or 11:30 A.M., in the case of Eurodollar Rate Advances, (i) on the third Business Day prior to the date of the proposed Borrowing, in the case of a Borrowing comprised of Eurodollar Rate Advances, and (ii) on the date of the proposed Borrowing, in the case of a Borrowing comprised of Alternate Base Rate Advances, in each case by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopier, telex, or cable. Each such notice of a Borrowing (a “Notice of Borrowing”"NOTICE OF BORROWING") shall be by telecopier, confirmed promptly in writingtelex or cable, in substantially the form of Exhibit A-1 B-1 hereto, specifying therein the requested (iA) date of such Borrowing, (iiB) Type of Advances comprising such Borrowing, (iiiC) aggregate amount of such Borrowing, and (ivD) in the case of a Borrowing comprised of Eurodollar Rate Advances, the Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Lender shall, before 1:00 P.M. (New York City time) 12:00 noon on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.029.02, in same day funds, such Lender’s 's ratable portion of such Borrowing. After the Administrative Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article IIIIV, the Administrative Agent will make such funds available to the Borrower at the Administrative Agent’s 's aforesaid address.
Appears in 1 contract
Making the Advances. (a) Each Borrowing shall be made on -------------------- notice, given not later than 11:00 A.M. (New York City time) on the day of such proposed Borrowing, in same Business Day as the case date of a proposed Borrowing comprised of Base Rate Advances, or Advances and not later than 1:00 P.M. (New York City time) on the third Business Day prior to the date of the a proposed Borrowing, in the case of a Borrowing comprised of Eurodollar Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopiertelecopier or telex. Each such notice of a Borrowing (a “Notice of Borrowing”"NOTICE OF BORROWING") shall be by telecopiertelecopier or telex, or by telephone, confirmed promptly in writingimmediately by telecopier or telex, in substantially the form of Exhibit A-1 A hereto, specifying therein the requested (i) date of such BorrowingBorrowing (which shall be a Business Day), (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing, and (iv) in the case of a Borrowing comprised of Eurodollar Rate Advances, the initial Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Lender shall, before 1:00 P.M. (New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02the Administrative Agent's Account, in same day funds, such Lender’s 's ratable portion of such Borrowing. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower at the Administrative Agent’s aforesaid address.such
Appears in 1 contract
Samples: Credit Agreement (Dc Holdco Inc)
Making the Advances. (a) Each Borrowing shall be made on notice, given not later than 11:00 A.M. (x) 1:00 p.m. (New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third U.S. Government Securities Business Day prior to the date of the proposed Borrowing, Borrowing in the case of a Borrowing comprised consisting of Eurodollar SOFR Rate Advances or (y) 1:00 p.m. (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopierthereof. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopier, telephone (confirmed promptly immediately in writing) electronic delivery, or telecopier in substantially the form of Exhibit A-1 B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing, and (iv) in the case of a Borrowing comprised consisting of Eurodollar SOFR Rate Advances, the initial Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Lender shall, before 1:00 3:00 P.M. (New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02the Agent’s Account, in same day funds, such LenderXxxxxx’s ratable portion of such Borrowing. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower at consistent with the Administrative Agent’s aforesaid addressinstructions set forth in the Notice of Borrowing.
Appears in 1 contract
Making the Advances. (a) Each Except as otherwise provided in Section 2.03(c), each Borrowing shall be made on notice, given not later than 11:00 A.M. (x) 12:00 Noon (New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing, Borrowing in the case of a Borrowing comprised consisting of Eurodollar Rate Advances or (y) 10:00 A.M. (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopiertelecopier or other form of electronic communication satisfactory to the Agent. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopiertelephone, confirmed promptly immediately in writing, writing or by telecopier or other form of electronic communication satisfactory to the Agent in substantially the form of Exhibit A-1 B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing, and (iv) in the case of a Borrowing comprised consisting of Eurodollar Rate Advances, the initial Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Lender shall, before 1:00 P.M. 12:00 Noon (New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02the Agent’s Account, in same day funds, such Lender’s ratable portion of such Borrowing. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower at the Administrative Agent’s aforesaid addressaddress referred to in Section 8.02.
Appears in 1 contract
Making the Advances. (a) Each Borrowing shall be made on notice, given (i) in the case of a Borrowing comprising Eurodollar Rate Advances, not later than 11:00 A.M. (New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing, and (ii) in the case of a Borrowing comprised of Eurodollar comprising Base Rate Advances, not later than 11:00 A.M. (New York City time) on the date of the proposed Borrowing, by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopierthereof. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be transmitted by telecopier, telex or cable, confirmed promptly immediately in writing, in substantially the form of Exhibit A-1 hereto, specifying therein the requested (iA) date of such Borrowing, (iiB) Type of Advances comprising to be made in connection with such Borrowing, (iiiC) aggregate amount of such Borrowing, and (ivD) in the case of a Borrowing comprised of comprising Eurodollar Rate Advances, the initial Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Lender shall, before (x) 12:00 noon (New York City time) on the date of any Borrowing comprising Eurodollar Rate Advances, and (y) 1:00 P.M. (New York City time) on the date of such Borrowingany Borrowing comprising Base Rate Advances, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02, in same day funds, such Lender’s 's ratable portion of such Borrowing. After the Administrative Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower at the Administrative Agent’s 's aforesaid address.
Appears in 1 contract
Making the Advances. (a) Each The Borrowing shall be made on notice, given not later than (x) 11:00 A.M. (New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third second Business Day prior to the date of the proposed Borrowing, Borrowing in the case of a Borrowing comprised consisting of Eurodollar Term SOFR Advances, or (y) 10:00 A.M. (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopierin writing. Each such Such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopier, confirmed promptly in writing, in substantially the form of Exhibit A-1 B-1 hereto, specifying therein the requested (i) date of such Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing, and (iv) in the case of a Borrowing comprised consisting of Eurodollar Rate Term SOFR Advances, the initial Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Lender shall, before 1:00 12:00 P.M. (New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02the Agent’s Account, in same day funds, such Lender’s ratable portion of such BorrowingBorrowing in accordance with the respective Commitments under the Facility of such Lender and the other Lenders. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower at the Administrative Agent’s aforesaid addressaddress referred to in Section 8.02.
Appears in 1 contract
Making the Advances. (a) Each Borrowing shall be made on notice, given not later than 11:00 A.M. 12:00 Noon (New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third at least ten (10) Business Day Days prior to the date of the proposed Borrowing, in the case of a Borrowing comprised of Eurodollar Rate Advances, by the Borrower Borrowers to the Administrative Agent, which shall give to each Lender prompt notice thereof by telex or telecopier. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopiertelephone, confirmed promptly immediately in writing, or telex or telecopier or e-mail, in each case in substantially the form of Exhibit A-1 B hereto, specifying therein the requested (i) the requested date of such Borrowing, (ii) Type if the requested Advance is a Working Capital Advance or an Acquisition Advance, and a description of Advances comprising how such BorrowingAdvance will be applied by Borrowers (including, in the case of an Acquisition Advance, a description of the Proposed Collateral Assets related to such Acquisition Advance), (iii) if the requested Advance is for the purpose described in Section 2.07(e), the requested Interest Period, and (iv) the requested aggregate amount of such Borrowing, and (iv) in the case of a Borrowing comprised . All Borrowings requested pursuant to this Section 2.02 shall be for Borrowings of Eurodollar Rate Advances, the Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Lender shall, before 1:00 P.M. 12:00 Noon (New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02the Administrative Agent’s Account, in same day funds, such Lender’s ratable portion of such BorrowingBorrowing in accordance with the respective Commitments of such Lender and the other Lenders. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower at Borrowers by crediting the Administrative Agent’s aforesaid addressBorrowers’ Account.
Appears in 1 contract
Samples: Term Loan Agreement (American Realty Capital Hospitality Trust, Inc.)
Making the Advances. (a) Each Borrowing shall be made on notice, given not later than 11:00 A.M. a.m. (New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing, Borrowing in the case of a Borrowing comprised consisting of Eurodollar Rate Advances, or the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by the Borrower Company to the Administrative Agent, which shall give to each Lender Bank prompt notice thereof by telecopiertelecopier or telex. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopiertelecopier or telex, confirmed promptly in writing, in substantially the form of Exhibit A-1 heretoB, specifying therein the requested (i) date of such Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing, Borrowing and (iv) in the case of a Borrowing comprised consisting of Eurodollar Rate Advances, the initial Interest Period for each such Advance. In Each Bank shall, before 11:00 a.m. (New York City time), in the case of a proposed Borrowing comprised consisting of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Lender shall, or before 1:00 P.M. p.m. (New York City time) ), in the case of a Borrowing consisting of Base Rate Advances, on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02the Administrative Agent’s Account, in same day funds, such LenderBank’s ratable portion of such Borrowing. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such same day funds available to the Borrower Company at the Company’s account at the Administrative Agent’s aforesaid addressaddress referred to in Section 9.02; provided that Advances made to finance an LC Reimbursement Obligation as provided in Section 2.02 shall be remitted by the Administrative Agent to the respective Issuing Bank or the Banks as their interests may appear.
Appears in 1 contract
Samples: Credit Agreement (Cigna Corp)
Making the Advances. (a) Each Borrowing shall be made on notice, given not later than 11:00 A.M. (x) 1:00 P.M. (New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing, Borrowing in the case of a Borrowing comprised consisting of Eurodollar Rate Advances or (y) 1:00 P.M. (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopiertelecopier or telex. Each such notice of a Borrowing (a “"Notice of Borrowing”") shall be by telecopiertelephone, confirmed promptly immediately in writing, or telecopier or telex in substantially the form of Exhibit A-1 B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Type of Advances comprising comp rising such Borrowing, (iii) aggregate amount of such Borrowing, and (iv) in the case of a Borrowing comprised consisting of Eurodollar Rate Advances, the initial Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Lender shall, before 1:00 3:00 P.M. (New York City time) on the date of such Borrowing, Borrowing make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02the Agent's Account, in same day funds, such Lender’s 's ratable portion of such Borrowing. After the Administrative Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower at the Administrative Agent’s aforesaid address's address referred to in Section 8.02.
Appears in 1 contract
Making the Advances. (a) Each The Borrowing shall be made on notice, given not later than 11:00 A.M. (x) 12:00 noon (New York City time) on two (2) Business Days prior to the day of such proposed Borrowing, Closing Date in the case of a Borrowing comprised consisting of Base Eurodollar Rate Advances, Advances or on the third (y) 3:00 P.M. (New York City time) one (1) Business Day prior to the date of the proposed Borrowing, Closing Date in the case of a Borrowing comprised consisting of Eurodollar Base Rate Advances, in each case, by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopier. Each such notice of such a Borrowing (a “Notice of Borrowing”) shall be by telecopiertelephone, confirmed promptly immediately in writing, or telecopier in substantially the form of Exhibit A-1 B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing, and (iv) in the case of a Borrowing comprised consisting of Eurodollar Rate Advances, the initial Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Lender shall, before 1:00 P.M. 10:00 A.M. (New York City time) on the date of such BorrowingClosing Date, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02the Agent’s Account, in same day funds, such Lender’s ratable portion of such Borrowing. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will promptly, and in any event on the date of such Borrowing, make such funds available to the Borrower at the Administrative Agentby wire transfer to Borrower’s aforesaid addressAccount.
Appears in 1 contract
Samples: Interim Loan Agreement (Tribune Co)
Making the Advances. (a) 1. Each Borrowing shall be made on notice, given (i) in the case of a Borrowing comprising Eurodollar Rate Advances, not later than 11:00 A.M. (New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing, and (ii) in the case of a Borrowing comprised of Eurodollar comprising Base Rate Advances, not later than 1:00 P.M. (New York City time) on the date of the proposed Borrowing, by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopierthereof. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be transmitted by telecopier, confirmed promptly in writing, facsimile or email in substantially the form of Exhibit A-1 hereto, specifying therein the requested (iA) date of such Borrowing, (iiB) Type of Advances comprising to be made in connection with such Borrowing, (iiiC) aggregate amount of such Borrowing, (D) wire instructions of the Borrower, and (ivE) in the case of a Borrowing comprised of comprising Eurodollar Rate Advances, the initial Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Lender shall, before 1:00 (x) 12:00 noon (New York City time) on the date of any Borrowing comprising Eurodollar Rate Advances, and (y) 3:00 P.M. (New York City time) on the date of such Borrowingany Borrowing comprising Base Rate Advances, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02the Agent’s Account, in same day funds, such Lender’s ratable portion of such Borrowing. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower at in such manner as the Administrative Agent’s aforesaid addressBorrower shall have specified in the applicable Notice of Borrowing.
Appears in 1 contract
Making the Advances. (a) Each Borrowing of Advances pursuant to Section 2.1 shall be made on noticenotice by the Company, given to the Agent (a "Notice of Borrowing") received by the Agent, (i) in the case of a proposed Borrowing pursuant to Section 2.1 comprised of Base Rate Advances, not later than 11:00 10:00 A.M. (New York City time) on the day Business Day of such proposed Borrowing, Borrowing and (ii) in the case of a proposed Borrowing pursuant to Section 2.1 comprised of Base Eurodollar Rate Advances, or not later than 12:00 noon (New York City time) on the third Business Day prior to the date of the such proposed Borrowing, in the case of a Borrowing comprised of Eurodollar Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a “Notice of Borrowing”) Borrowing shall be by telecopiertelecopy or telephone (and if by telephone, confirmed promptly in writingby telecopier), in substantially the form of Exhibit A-1 heretoB, specifying therein the requested (iA) date of such Borrowing, (iiB) Type of Advances comprising such Borrowing, (iiiC) aggregate amount of such Borrowing, and (ivD) in the case of a Borrowing comprised of Eurodollar Rate Advances, the initial Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Lender shall, before 1:00 P.M. (New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred at 270 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx, 00000, Xxference: El Paso Energy Corporation, or at such other address designated by notice from the Agent to in the Lenders pursuant to Section 8.029.2, in same day funds, such Lender’s 's ratable portion of such Borrowing. After Immediately after the Administrative Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower Company at Chase, 270 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx, 00000, Xxcount No. 323291503, Reference: El Paso Energy Corporation, or at such other account of the Administrative Company maintained by the Agent (or any successor Agent’s aforesaid address) designated by the Company and agreed to by the Agent (or such successor Agent), in same day funds.
Appears in 1 contract
Samples: El Paso Corp/De
Making the Advances. (a) Each Except as otherwise provided in Section 2.02(b) or 2.13, each Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City Providence, Rhode Island time) on the day of such proposed Borrowing, third Business Day in the case of a Borrowing comprised Eurodollar Rate Advance, the second Business Day in the case of a CD Rate Advance or the first Business Day in the case of a Base Rate AdvancesAdvance, or on the third Business Day in each case prior to the date of the proposed Borrowing, in the case of a Borrowing comprised of Eurodollar Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopiertelex, telecopier or cable. Each such notice of a Borrowing (a “"Notice of Borrowing”") shall be by telecopiertelex, telecopier or cable, confirmed promptly immediately in writing, in substantially the form of Exhibit A-1 B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iiiiv) aggregate amount of such Borrowing, and (ivv) in the case of a Borrowing comprised an Advance consisting of Eurodollar Rate Advances or CD Rate Advances, the initial Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances or CD Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b2.06(a)(ii) or (iii). Each Lender shall, before 1:00 P.M. 11:00 A.M. (New York City Providence, Rhode Island time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02the Agent's Account, in same day funds, such Lender’s 's ratable portion of such BorrowingBorrowing in accordance with the respective Commitments of such Lender and the other Lenders. After the Administrative Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower at by crediting the Administrative Agent’s aforesaid addressBorrower's Account. No Advance may be used for the purpose of repaying or prepaying any other Advance, except that Revolving Advances may be used to repay outstanding Swing Line Advances.
Appears in 1 contract
Making the Advances. (a) Each Borrowing shall be made on notice, -------------------------------- notice given not later than 11:00 (i) 12:00 noon (New York City time) on the third Business Day prior to the date of the proposed Borrowing, if such proposed Borrowing consists of Eurodollar Rate Advances and (ii) 10:00 A.M. (New York City time) on the day of such proposed Borrowing, in the case of a if such proposed Borrowing comprised consists of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing, in the case of a Borrowing comprised of Eurodollar Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a “"Notice of Borrowing”") shall be by telecopiertelecopier or telephone (and if ------------------- by telephone, confirmed promptly immediately in writing), in substantially the form of Exhibit A-1 A hereto, specifying therein the requested (i) date of such Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing, Borrowing and (iv) in the case of a Borrowing comprised of Eurodollar Rate Advances, the initial Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Lender shall, before 1:00 P.M. 2:00 p.m. (New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.0210.02, in same day funds, such Lender’s 's ratable portion of such Borrowing. After the Administrative Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article IIIV, the Administrative Agent will make such funds available to the Borrower at the Administrative Agent’s 's aforesaid address.
Appears in 1 contract
Samples: Credit Agreement (Gap Inc)
Making the Advances. (a) Each Borrowing shall be made on notice, given not later than (x) 11:00 A.M. (New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third second Business Day prior to the date of the proposed Borrowing, Borrowing in the case of a Borrowing comprised consisting of Eurodollar SOFR Advances or (y) 11:00 A.M. (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by the Borrower to the Administrative AgentAgent by telecopier or other electronic transmission, which shall give to each Lender prompt notice (in the case of a proposed Borrowing consisting of Base Rate Advances, by 12:00 P.M. (New York City time)) thereof by telecopiertelecopier or other electronic transmission. Each such notice of a Borrowing (a “"Notice of Borrowing”") shall be by telecopiertelephone, confirmed promptly in writing, telecopier or other electronic transmission in substantially the form of Exhibit A-1 B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing, and (iv) in the case of a Borrowing comprised consisting of Eurodollar Rate SOFR Advances, the initial Interest Period for each such Advance. In Each Lender shall, before 11:00 A.M. (New York City time) on the date of such Borrowing, in the case of a proposed Borrowing comprised consisting of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Lender shall, SOFR Advances and before 1:00 P.M. (New York City time) on the date of such Borrowing, in the case of a Borrowing consisting of Base Rate Advances, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02the applicable WEIL:\98779116\4\64945.0060 Administrative Agent's Account, in same day funds, such Lender’s Xxxxxx's ratable portion of such Borrowing. After the Administrative Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, Section 4.2 the Administrative Agent will make such funds available to the Borrower at the Administrative Agent’s aforesaid addressaccount of the Borrower specified in the applicable Notice of Borrowing.
Appears in 1 contract
Making the Advances. (a) Each Borrowing shall be made on notice, given not later than (x) 11:00 A.M. (New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third second Business Day prior to the date of the proposed Borrowing, Borrowing in the case of a Borrowing comprised consisting of Eurodollar Rate Advances or (y) 11:00 A.M. (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances or, in the case of the initial Borrowing, Federal Funds Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopiertelephone, confirmed promptly immediately in writing, or telecopier in substantially the form of Exhibit A-1 B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing, and (iv) in the case of a Borrowing comprised consisting of Eurodollar Rate Advances, the initial Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Lender shall, before 1:00 P.M. (New York City time) on the date of such Borrowing, Borrowing make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02the Agent’s Account, in same day funds, such Lender’s ratable portion of such Borrowing. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower at the Administrative Agent’s aforesaid addressaddress referred to in Section 8.02.
Appears in 1 contract
Making the Advances. (a) Each Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City timei) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base comprising Eurodollar Rate Advances, or not later than 11:00 a.m. (New York time) on the third Business Day prior to the date of the proposed Borrowing, and (ii) in the case of a Borrowing comprised of Eurodollar comprising Alternate Base Rate Advances, not later than 11:00 a.m. (New York time) on the date of the proposed Borrowing, by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopierthereof. Each such notice of a Borrowing (a “Notice of Borrowing”) by the Borrower shall be by telecopier, confirmed promptly in writingtelecopier or cable, in substantially the form of Exhibit A-1 C hereto, specifying therein the requested (iA) date of such Borrowing, (iiB) Type of Advances comprising to be made in connection with such Borrowing, (iiiC) aggregate amount of such Borrowing, and (ivD) in the case of a Borrowing comprised of comprising Eurodollar Rate Advances, the initial Interest Period for each such Advance. In , which Borrowing shall be subject to the case limitations stated in the definition of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under “Interest Period” in Section 2.06(b)1.01. Each Lender shall, before 1:00 P.M. p.m. (New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02, in same day funds, such Lender’s ratable portion (according to the Lenders’ respective Commitments) of such Borrowing. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower at the Administrative Agent’s aforesaid address.
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Making the Advances. (a) Each Borrowing shall be made on noticenotice by the Borrower, given not later than 11:00 (x) 9:00 A.M. (New York City Pacific time) on the day of such proposed Borrowing, in the case date of a proposed Borrowing comprised consisting of Base Rate Advances, or Advances and (y) 9:00 A.M. (Pacific time) on the third Business Day prior to the date of the a proposed Borrowing, in the case of a Borrowing comprised consisting of Eurodollar Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopier, mail or delivery. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopier, mail or delivery, confirmed promptly immediately in writing, in substantially the form of Exhibit A-1 A hereto, specifying therein the requested (i) date of such Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing, and (iv) in the case of a Borrowing comprised of Eurodollar Rate Advances, the initial Interest Period for each such Advance. In The Borrower may, subject to the case of a proposed conditions herein provided, borrow more than one Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b)on any Business Day. Each Lender shall, before 1:00 P.M. 12:00 noon (New York City Pacific time) in the case of a Borrowing consisting of Base Rate Advances and before 12:00 noon (Pacific time) in the case of a Borrowing consisting of Eurodollar Rate Advances, in each case on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02, in same day funds, such Lender’s ratable portion of such Borrowing. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower at the Administrative Agent’s aforesaid address.
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Making the Advances. (a) Each The Borrowing of Eurodollar Rate Advances shall be made on notice, notice given by the Borrower to the Administrative Agent not later than 11:00 A.M. 4:00 P.M. (New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing (the "Notice of Borrowing"). Immediately following receipt of the Notice of Borrowing, in the case of a Borrowing comprised of Eurodollar Rate Advances, by the Borrower to the Administrative Agent, which Agent shall give to each Lender prompt notice thereof by telecopiertelex or facsimile transmission. Each such notice of a Borrowing (a “The Notice of Borrowing”) Borrowing shall be sent by telecopiertelex or facsimile transmission, confirmed promptly immediately in writing, in substantially the form of Exhibit A-1 A hereto, specifying therein the requested (i) the requested date of such Borrowing, (ii) Type the requested aggregate amount of Advances comprising such Borrowing, (iii) aggregate amount that such Borrowing will consist of such BorrowingEurodollar Rate Advances (or, in the circumstances set forth in Section 2.09(c) and Section 2.09(d) only, Alternate Base Rate Advances), and (iv) in the case of a Borrowing comprised of Eurodollar Rate Advances, the Interest Period for each such Advancetherefor. In The Notice of Borrowing shall be irrevocable and binding on the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Borrower. The Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b)2.05. Each Lender shall, before 1:00 P.M. 11:00 A.M. (New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02the Administrative Agent's Account, in same day funds, such Lender’s 's ratable portion of such Borrowing. After the Administrative Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower at by crediting the Administrative Agent’s aforesaid addressPanamco Account or such account as the Borrower may designate, in immediately available funds.
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Making the Advances. (a) Each Except as otherwise provided in Section 2.03(c), each Borrowing shall be made on notice, given not later than (x) 11:00 A.M. (New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing, Borrowing in the case of a Borrowing comprised consisting of Eurodollar Rate Advances or (y) 11:00 A.M. (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by the applicable Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopiertelephone, confirmed promptly in writing, or by telecopier, in substantially the form of Exhibit A-1 B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such BorrowingBorrowing and whether such Borrowing shall be comprised of Advances made by the Non-Extending Lenders or shall be comprised of Advances made by the Extending Lenders, and (iv) in the case of a Borrowing comprised consisting of Eurodollar Rate Advances, the initial Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Lender shall, before 1:00 P.M. (New York City time) on the date of such Borrowing, Borrowing make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02the Agent’s Account, in same day funds, such Lender’s ratable portion of such BorrowingBorrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Lenders. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the applicable Borrower at the Administrative Agent’s aforesaid addressaddress referred to in Section 9.02(a).
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Making the Advances. (a) Each (i) Except as otherwise provided in Section 2.13, each Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City time) on the day Business Day of such proposed Borrowing(or, in the case of with respect to a Borrowing comprised of Base Eurodollar Rate Advances, or 10:00 A.M. (New York City time) on the third second Business Day prior to the date of of) the proposed Borrowing, in the case of a Borrowing comprised of Eurodollar Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopiertelex, telecopier or cable. Each such notice of a Borrowing (a “"Notice ------ of Borrowing”") shall be by telecopiertelex, telecopier or cable, confirmed promptly ------------ immediately in writing, in substantially the form of Exhibit A-1 heretoC, specifying therein (1) the requested (i) date of such Borrowing, (ii2) the requested Type of Advances comprising such Borrowing, (iii3) the requested aggregate amount of such Borrowing, and (iv4) in the case of a Borrowing comprised consisting of Eurodollar Rate Advances, the requested initial Interest Period for each such Advance. In Advance and (5) whether the case of a proposed Borrowing comprised of Eurodollar Rate AdvancesDate is a Liquid Asset Coverage Date (and, if so, specifying therein the Liquid Asset Coverage Amount, the Administrative Agent shall promptly notify each Lender of Adjusted Liquid Asset Coverage Amount and the applicable interest rate under Section 2.06(b). Each Lender shall, Aggregate Outstanding Exposure before 1:00 P.M. (New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office giving effect to the Administrative Agent at its address referred to in Section 8.02, in same day funds, such Lender’s ratable portion of such Borrowing. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower at the Administrative Agent’s aforesaid addressproposed Advances).
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Making the Advances. (a) Each Borrowing shall be made on notice, given not later than (x) 11:00 A.M. (New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing, Borrowing in the case of a Borrowing comprised consisting of Eurodollar Rate Advances or (y) 10:00 A.M. (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopiertelecopier (and, in the case of a notice requesting Base Rate Advances, no later than 11:00 A.M. (New York City time) on the date of the proposed Borrowing). Each such notice of a Borrowing (a “"Notice of Borrowing”") shall be by telecopiertelephone, confirmed promptly immediately in writing, or telecopier in substantially the form of Exhibit A-1 B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing, and (iv) in the case of a Borrowing comprised consisting of Eurodollar Rate Advances, the initial Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Appropriate Lender shall, before 1:00 P.M. (New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02the Agent's Account, in same day funds, such Lender’s 's ratable portion of such BorrowingBorrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate Lenders. After the Administrative Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower at the Administrative Agent’s aforesaid address's address referred to in Section 8.02.
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Making the Advances. (a) Each Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City Cleveland, Ohio time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing, Borrowing in the case of a Eurodollar Rate Advances and not later than 11:00 A.M. (Cleveland, Ohio time) on the Business Day prior to the date of the proposed Borrowing comprised in the case of Eurodollar Adjusted Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Lender Bank prompt notice thereof by telecopier, telex or cable. Each such notice of a Borrowing (a “Notice of Borrowing”"NOTICE OF BORROWING") shall be by telecopier, telex or cable, confirmed promptly immediately in writing, in substantially the form of Exhibit A-1 B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing, and (iv) in the case of a Borrowing comprised of Eurodollar Rate Advances, the initial Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Lender Bank shall, before 1:00 P.M. 11:00 A.M. (New York City Cleveland, Ohio time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section section 8.02, in same day funds, such Lender’s Bank's ratable portion of such Borrowing. After the Administrative Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower at the Administrative Agent’s 's aforesaid address.
Appears in 1 contract
Samples: Credit Agreement (Medusa Corp)
Making the Advances. (a) Each Except as otherwise provided in Section 2.03(c), each Borrowing shall be made on notice, given not later than 11:00 A.M. (x) 1:00 P.M. (New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing, Borrowing in the case of a Borrowing comprised consisting of Eurodollar Rate Advances or (y) 1:00 P.M. (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopiertelecopier or telex. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopiertelephone, confirmed promptly immediately in writing, or telecopier or telex in substantially the form of Exhibit A-1 B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing, and (iv) in the case of a Borrowing comprised consisting of Eurodollar Rate Advances, the initial Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Appropriate Lender shall, before 1:00 3:00 P.M. (New York City time) on the date of such Borrowing, Borrowing make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02the Agent’s Account, in same day funds, such Lender’s ratable portion of such Borrowing. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower at the Administrative Agent’s aforesaid addressaddress referred to in Section 8.02.
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Making the Advances. (a) Each Borrowing shall be made on notice, given not later than 11:00 A.M. a.m. (New York City timei) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing, in the case of a Borrowing comprised of Eurodollar Rate Advances and (ii) on the date of the proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, in each case by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopier, telex or cable. Each such notice of a Borrowing (a “"Notice of Borrowing”") shall be by telecopier, confirmed promptly in writingtelex or cable, in substantially the form of Exhibit A-1 2.02(a) hereto, specifying therein the requested (iA) date of such Borrowing, (iiB) Type of Advances comprising such Borrowing, (iiiC) aggregate amount of such Borrowing, Borrowing and (ivD) in the case of a Borrowing comprised of Eurodollar Rate Advances, the initial Interest Period for each such Advance. In Each Lender shall, before (x) 12:00 noon on the date of such Borrowing, in the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Lender shall, before and (y) 1:00 P.M. (New York City time) p.m. on the date of such Borrowing, in the case of a Borrowing comprised of Base Rate Advances, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02, in same day funds, such Lender’s 's ratable portion of such Borrowing. After the Administrative Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will promptly make such funds available to the Borrower at the Administrative Agent’s 's aforesaid address.
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Making the Advances. (a) Each Borrowing (other than a Swingline Loan) shall be made on notice, requested by facsimile notice given by the Borrower to the Administrative Agent not later than 11:00 A.M. (New York City i) 10:00 a.m. (Local Time) three (3) Business Days prior to the proposed Borrowing Date (or, in the case of the initial Advances, such lesser number of days to which the Administrative Agent may agree), in the case of a Borrowing comprised of Eurodollar Rate Advances and (ii) 9:00 a.m. (Chicago time) on the day of such proposed BorrowingBorrowing Date, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing, in the case of a Borrowing comprised of Eurodollar Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopier. Each such notice of a Borrowing pursuant to this Section 2.02 (a “Notice of Borrowing”) shall be by telecopier, confirmed promptly in writing, in substantially the form of Exhibit A-1 2.02 hereto, specifying therein the requested (i) date of such Borrowingproposed Borrowing Date, (ii) Type of Advances comprising Advances, aggregate amount of the proposed Borrowing and the Interest Period, if any, and shall include such Borrowinginformation as shall be required by Section 8.01(g). The Administrative Agent shall in turn promptly notify each Bank by facsimile of the date, (iii) applicable interest rate and aggregate amount of such Borrowing, Borrowing and (iv) in the case of a Borrowing comprised of Eurodollar Rate Advances, the Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Lender shall, before 1:00 P.M. (New York City time) on the date Bank’s ratable portion of such Borrowing. Each Bank, make available for the account of its Applicable Lending Office to Office, shall, before 12:00 Noon (Chicago time) on the Borrowing Date specified in the notice received from the Administrative Agent at its address referred pursuant to in Section 8.02the preceding sentence, in same day funds, deposit such LenderBank’s ratable portion of such BorrowingBorrowing in same day funds to the Administrative Agent’s LS2 Incoming Clearing Account No. 9008113381C3867 (ABA No. 021-000-021) (unless another account is designated by the Administrative Agent for such purpose), Reference: Xxxxxx International Inc., maintained at 0 Xxxxx Xxxxx, Xxxxxxx, Xxxxxxxx. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article IIIVI, the Administrative Agent will shall make same day funds in the amount of such funds available to the Borrower by 2:00 p.m. (Local Time) on the date of Borrowing, at the Administrative Agent’s aforesaid addressaccount specified by the Borrower in the applicable Notice of Borrowing.
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Making the Advances. (a) Each Borrowing shall be made ------------------- on notice, given not later than 11:00 A.M. (New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing, Borrowing in the case of a Borrowing comprised consisting of Eurodollar Rate Advances, or 2:00 P.M. (New York City time) on the Business Day of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a “"Notice of Borrowing”") shall be by telecopiertelephone, confirmed promptly immediately ------------------- in writingwriting or by telecopier, in substantially the form of Exhibit A-1 B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing, Borrowing and (iv) in the case of a Borrowing comprised consisting of Eurodollar Rate Advances, the initial Interest Period for each such Advance. In Each Lender shall, before 11:00 A.M. (New York City time) on the date of such Borrowing in the case of a proposed Borrowing comprised consisting of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Lender shall, before 1:00 or 3:00 P.M. (New York City time) on the date of such BorrowingBorrowing in the case of a Borrowing consisting of Base Rate Advances, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02the Agent's Account, in same day funds, such Lender’s 's ratable portion of such Borrowing. After the Administrative Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower at the Administrative Agent’s aforesaid address's address referred to in Section 8.02.
Appears in 1 contract
Samples: Revolving Credit Agreement (Ambac Financial Group Inc)
Making the Advances. (a) 1. Each Borrowing shall be made on notice, given (i) in the case of a Borrowing comprising Eurodollar Rate Advances, not later than 11:00 A.M. (New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing, and (ii) in the case of a Borrowing comprised of Eurodollar comprising Base Rate Advances, not later than 1:00 P.M. (New York City time) on the date of the proposed Borrowing, by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopierthereof. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be transmitted by telecopier, confirmed promptly in writing, facsimile or email in substantially the form of Exhibit A-1 hereto, specifying therein the requested (iA) date of such Borrowing, (iiB) Type of Advances comprising to be made in connection with such Borrowing, (iiiC) aggregate amount of such Borrowing, (D) wire instructions of the Borrower, and (ivE) in the case of a Borrowing comprised of comprising Eurodollar Rate Advances, the initial Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Lender shall, before 1:00 (x) 12:00 noon (New York City time) on the date of any Borrowing comprising Eurodollar Rate Advances, and (y) 3:00 P.M. (New York City time) on the date of such Borrowingany Borrowing comprising Base Rate Advances, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02, in same day funds, such Lender’s ratable portion of such Borrowing. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower at the Administrative Agent’s aforesaid address.
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Making the Advances. (a) Each Borrowing shall be made on notice, given not later than 11:00 10:00 A.M. (New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing, in the case of a Borrowing comprised of Eurodollar Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopier. Each such notice of a Borrowing (a “"Notice of Borrowing”") shall be by telecopier, confirmed promptly in writing, in substantially the form of Exhibit A-1 hereto, specifying therein the requested (i) date of such Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing, and (iv) in the case of a Borrowing comprised of Eurodollar Rate Advances, the Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b2.07(b). Each Lender shall, before 1:00 12:00 P.M. (New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02, in same day funds, such Lender’s 's ratable portion of such Borrowing. After the Administrative Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower at the Administrative Agent’s 's aforesaid address.
Appears in 1 contract
Making the Advances. (a) Each Except as otherwise provided in Section 2.02(b), the Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing, Borrowing in the case of a Borrowing comprised consisting of Eurodollar Rate Advances or on the first Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telex or telecopier. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopiertelephone, confirmed promptly immediately in writing, or telex or telecopier, in substantially the form of Exhibit A-1 B hereto, specifying therein the requested (i) date of such the Borrowing, (ii) Type of Advances comprising such the Borrowing, (iii) aggregate amount of such Borrowing, the Borrowing and (iv) in the case of a Borrowing comprised consisting of Eurodollar Rate Advances, the initial Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Lender shall, before 1:00 P.M. 11:00 A.M. (New York City time) on the date of such the Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02the Administrative Agent’s Account, in same day funds, such Lender’s ratable portion of the Borrowing in accordance with the respective Commitments of such BorrowingLender and the other Lenders. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower at by crediting the Administrative AgentBorrower’s aforesaid addressAccount.
Appears in 1 contract
Samples: Term Loan Agreement (Dresser Inc)
Making the Advances. (a) Each The Borrowing to be made on the Funding Date shall be made on notice, given not later than 11:00 A.M. (x) 1:00 p.m. (New York City time) on the second Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurodollar Rate Advances or (y) 1:00 p.m. (New York City time) on the day of such the proposed Borrowing, Borrowing in the case of a Borrowing comprised consisting of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing, in the case of a Borrowing comprised of Eurodollar Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopiertelecopier or e-mail. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopier, confirmed promptly in writing, sent via telecopier or e-mail in substantially the form of Exhibit A-1 B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing, and (iv) in the case of a Borrowing comprised consisting of Eurodollar Rate Advances, the initial Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Lender shall, before 1:00 3:00 P.M. (New York City time) on the date of such Borrowing, Borrowing make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02the Agent’s Account, in same day funds, such Lender’s ratable portion of such Borrowing. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower either by (i) crediting the account of the Borrower at the Administrative Agent’s aforesaid addressaddress referred to in Section 8.02 or (ii) wire transfer of such funds, in each case as designated by the Borrower.
Appears in 1 contract
Samples: Term Loan Agreement (Autodesk Inc)
Making the Advances. (a) Each The Borrowing shall be made on notice, notice given by the Borrower to the Administrative Agent not later than 11:00 A.M. (New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date proposed Borrowing Date (the “Notice of Borrowing”). Immediately following receipt of the proposed Notice of Borrowing, in the case of a Borrowing comprised of Eurodollar Rate Advances, by the Borrower to the Administrative Agent, which Agent shall give to each Lender prompt notice thereof by telecopiertelex or facsimile transmission. Each such notice of a Borrowing (a “The Notice of Borrowing”) Borrowing shall be sent by telecopierthe Borrower requesting the Advance by telex or facsimile transmission, confirmed promptly immediately in writing, in substantially the form of Exhibit A-1 A hereto, specifying therein the requested (i) date of such Borrowingthe requested Borrowing Date, (ii) Type the requested aggregate principal amount of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing, the Interest Period therefor and (iv) in the case of a Borrowing comprised of Eurodollar Rate Advances, the Interest Period payment instructions for each such AdvanceBorrowing. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the The Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b)2.05. Each Lender shall, before 1:00 P.M. 11:00 A.M. (New York City time) on the date of such BorrowingBorrowing Date, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02the Administrative Agent’s Account, in same day funds, such Lender’s ratable portion of such Borrowing. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower at requesting the Administrative Agent’s aforesaid addressAdvance by crediting the account of the Borrower, in immediately available funds.
Appears in 1 contract
Samples: Credit Agreement (Mexican Economic Development Inc)
Making the Advances. (a) Each Except as otherwise provided in Section 2.03(c), each Borrowing shall be made on notice, given not later than 11:00 A.M. (x) 12:00 noon (New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing, Borrowing in the case of a Borrowing comprised consisting of Eurodollar Rate Advances or (y) 12:00 noon (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopierfacsimile. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be in writing or by telecopier, confirmed promptly in writing, facsimile in substantially the form of Exhibit A-1 B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing, and (iv) in the case of a Borrowing comprised consisting of Eurodollar Rate Advances, the initial Interest Period for each such Advance. In Each Lender shall, in the case of a proposed Borrowing comprised consisting of Eurodollar Base Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Lender shall, before 1:00 2:00 P.M. (New York City time) on the date of such Borrowing, and in the case of a Borrowing consisting of Eurodollar Rate Advances, before 11:00 A.M. (New York City time) on date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02the Agent’s Account, in same day funds, such Lender’s ratable portion of such Borrowing. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower at the Administrative Agent’s aforesaid addressaddress referred to in Section 8.02 or as requested by the Borrower in the applicable Notice of Borrowing.
Appears in 1 contract
Making the Advances. (a) Each Borrowing shall be made on notice, given not later than 11:00 A.M. 12:00 noon (New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing, Borrowing in the case of a Borrowing comprised consisting of Eurodollar Rate Advances, or the Business Day of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopierthereof. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be in writing or electronic mail or by telecopiertelephone, confirmed promptly immediately in writing, or telecopier or electronic communication, in substantially the form of Exhibit A-1 B-1 hereto, specifying therein the requested (i) date of such Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing, Borrowing and (iv) in the case of a Borrowing comprised consisting of Eurodollar Rate Advances, the initial Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Appropriate Lender shall, before 1:00 P.M. (New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02the Administrative Agent’s Account, in same day funds, such Lender’s ratable portion of such Borrowing. After Borrowing in accordance with the Administrative Agent’s receipt respective Commitments under the applicable Facility of such funds Lender and upon the other Appropriate Lenders. Upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower at by crediting the Administrative AgentBorrower’s aforesaid addressAccount.
Appears in 1 contract
Samples: Second Lien Credit Agreement (Landrys Restaurants Inc)
Making the Advances. (a) Each Borrowing shall be made on notice, given not later than 11:00 A.M. 12:00 Noon (New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing, Borrowing in the case of a Borrowing comprised consisting of Eurodollar Rate Advances, or not later than 11:00 A.M. (New York City time) on the same Business Day as the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopiertelecopier or telex. Each such notice of a Borrowing (a “"Notice of Borrowing”") shall be by telecopiertelephone, confirmed promptly immediately in writing, or telecopier or telex, in substantially the form of Exhibit A-1 B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing, and (iv) in the case of a Borrowing comprised consisting of Eurodollar Rate Advances, the initial Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Lender shall, before 1:00 P.M. 12:00 Noon (New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02the Administrative Agent's Account, in same day funds, such Lender’s 's ratable portion of such Borrowing. After the Administrative Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will promptly make such funds available to the Borrower at an account maintained by the Administrative Agent’s aforesaid addressBorrower at a commercial bank organized under the laws of the United States, or any State thereof, and designated by the Borrower for such purpose.
Appears in 1 contract
Making the Advances. (a) Each Borrowing shall be made on notice, given not later than (x) 11:00 A.M. (New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing, Borrowing in the case of a Borrowing comprised consisting of Eurodollar Rate Advances or (y) 11:00 A.M. (New York City time) on the first Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopiertelecopier or telex. Each such notice of a Borrowing (a “"Notice of Borrowing”") shall be by telecopiertelephone, confirmed promptly immediately in writing, or telecopier or telex in substantially the form of Exhibit A-1 B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing, and (iv) in the case of a Borrowing comprised consisting of Eurodollar Rate Advances, the initial Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Lender shall, before 1:00 P.M. 11:00 A.M. (New York City time) on the date of such Borrowing, Borrowing make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02the Agent's Account, in same day funds, such Lender’s 's ratable portion of such Borrowing. After the Administrative Agent’s receipt of such funds and upon Upon fulfillment of the applicable conditions set forth in Article IIIIII and after the Agent's receipt of such funds, the Administrative Agent will make such funds available to the Borrower at such bank account as the Administrative Agent’s aforesaid addressBorrower shall have advised to the Agent in writing.
Appears in 1 contract
Samples: Credit Agreement (Temple Inland Inc)
Making the Advances. (a) Each Borrowing shall be made on noticenotice by the Borrower to the Lender, given not later than 11:00 A.M. 12:00 noon (New York City Dallas time) on the day of such proposed Borrowing, (i) in the case of a Borrowing comprised of Base Rate Advances, or on the date of the proposed Borrowing; and (ii) in the case of a Borrowing comprised of Eurodollar Rate Advances, on the third Business Day prior to the date of the proposed Borrowing; provided, in however, that if a Default or an Event of Default has occurred and is continuing, the case of a Borrowing Borrower shall not be entitled to request Borrowings comprised of Eurodollar Rate Advances and the Lender shall not be required to make any Advances, by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopier. Each such notice of a Borrowing borrowing (a “"Notice of Borrowing”") shall be by telecopiertelephone, confirmed promptly immediately in writingwriting (whether by telecopy, telex, cable or otherwise), in substantially the form of Exhibit A-1 heretoA, specifying therein the requested (i) date of such Borrowing, Borrowing (which shall be a Business Day); (ii) Type of Advances comprising such Borrowing, ; (iii) aggregate amount of such Borrowing, ; and (iv) Interest Period for such Advance in the case of a requested Borrowing comprised of Eurodollar Rate Advances, the Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Lender shall, before 1:00 P.M. (New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02, in same day funds, such Lender’s ratable portion of such Borrowing. After the Administrative Agent’s receipt of such funds and upon Upon fulfillment of the applicable conditions set forth in Article IIIIV, the Administrative Agent Lender will make such same day funds available to the Borrower at the Administrative Agent’s aforesaid addressLender's address referred to in Section 8.02 in an amount equal to the amount requested by the Borrower for such Borrowing on the date requested by the Borrower therefor.
Appears in 1 contract
Making the Advances. (a) a. Each Borrowing shall be made on notice, given (i) in the case of a Borrowing comprising Eurodollar Rate Advances, not later than 11:00 A.M. (New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing, and (ii) in the case of a Borrowing comprised of Eurodollar comprising Base Rate Advances, not later than 11:00 A.M. (New York City time) on the date of the proposed Borrowing, by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopierthereof. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be transmitted by telecopier, confirmed promptly in writing, facsimile in substantially the form of Exhibit A-1 hereto, specifying therein the requested (iA) date of such Borrowing, (iiB) Type of Advances comprising to be made in connection with such Borrowing, (iiiC) aggregate amount of such Borrowing, (D) wire instructions of the Borrower, and (ivE) in the case of a Borrowing comprised of comprising Eurodollar Rate Advances, the initial Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Lender shall, before (x) 12:00 noon (New York City time) on the date of any Borrowing comprising Eurodollar Rate Advances, and (y) 1:00 P.M. (New York City time) on the date of such Borrowingany Borrowing comprising Base Rate Advances, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02, in same day funds, such Lender’s ratable portion of such Borrowing. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower at the Administrative Agent’s aforesaid address.
Appears in 1 contract
Making the Advances. (a) Each Borrowing shall be made on notice, given (i) in the case of a Borrowing comprising Eurodollar Rate Advances, not later than 11:00 A.M. (New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing, and (ii) in the case of a Borrowing comprised of Eurodollar comprising Base Rate Advances, not later than 11:00 A.M. (New York City time) on the date of the proposed Borrowing, by the applicable Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopierthereof. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be transmitted by telecopier, confirmed promptly in writing, facsimile in substantially the form of Exhibit A-1 hereto, specifying therein the Borrower requesting such Borrowing and the requested (iA) date of such Borrowing, (iiB) Type of Advances comprising to be made in connection with such Borrowing, (iiiC) aggregate amount of such Borrowing, (D) wire instructions of such Borrower, and (ivE) in the case of a Borrowing comprised of comprising Eurodollar Rate Advances, the initial Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Lender shall, before (x) 12:00 noon (New York City time) on the date of any Borrowing comprising Eurodollar Rate Advances, and (y) 1:00 P.M. (New York City time) on the date of such Borrowingany Borrowing comprising Base Rate Advances, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02the Agent’s Account, in same day funds, such Lender’s ratable portion of such Borrowing. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to such Borrower in such manner as such Borrower shall have specified in the Borrower at the Administrative Agent’s aforesaid addressapplicable Notice of Borrowing.
Appears in 1 contract
Samples: Credit Agreement (Entergy Gulf States Louisiana, LLC)
Making the Advances. (a) Each Borrowing shall be made on notice, given not later than (x) 11:00 A.M. (New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing, Borrowing in the case of a Borrowing comprised consisting of Eurodollar Rate Advances denominated in Dollars or (y) 12:00 noon (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by the any Borrower to the Administrative Paying Agent, which shall give to each Lender prompt notice thereof by telecopiertelecopier or telex. Each such notice of a Borrowing (a “"Notice of Borrowing”") shall be by telecopiertelephone, confirmed promptly immediately in writing, or telecopier or telex in substantially the form of Exhibit A-1 B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing, and (iv) in the case of a Borrowing comprised consisting of Eurodollar Rate Advances, the initial Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Lender shall, before 1:00 P.M. (New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent Paying Agent, at its address referred to in Section 8.02the Agent's Account, in same day funds, such Lender’s 's ratable portion of such Borrowing. After the Administrative Paying Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Paying Agent will make such funds available to the Borrower requesting such Borrowing at the Administrative Agent’s aforesaid addressits address referred to in Section 9.02.
Appears in 1 contract
Samples: Day Credit Agreement (Goodrich Corp)
Making the Advances. (a) Each Borrowing shall be made on notice, given (i) in the case of a Borrowing comprising Eurodollar Rate Advances, not later than 11:00 A.M. (New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing, and (ii) in the case of a Borrowing comprised of Eurodollar comprising Base Rate Advances, not later than 11:00 A.M. (New York City time) on the date of the proposed Borrowing, by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopierthereof. Each such notice of a Borrowing (a “"Notice of Borrowing”") shall be transmitted by telecopier, telex or cable, confirmed promptly immediately in writing, in substantially the form of Exhibit A-1 hereto, specifying therein the requested (iA) date of such Borrowing, (iiB) Type of Advances comprising to be made in connection with such Borrowing, (iiiC) aggregate amount of such Borrowing, (D) wire instructions of the Borrower, and (ivE) in the case of a Borrowing comprised of comprising Eurodollar Rate Advances, the initial Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Lender shall, before (x) 12:00 noon (New York City time) on the date of any Borrowing comprising Eurodollar Rate Advances, and (y) 1:00 P.M. (New York City time) on the date of such Borrowingany Borrowing comprising Base Rate Advances, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02, in same day funds, such Lender’s 's ratable portion of such Borrowing. After the Administrative Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower at the Administrative Agent’s 's aforesaid address.
Appears in 1 contract
Making the Advances. (a) Each Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City Boston, Massachusetts time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing, Borrowing in the case of a Borrowing comprised consisting of Eurodollar Rate Advances, or not later than 9:30 A.M. (Boston, Massachusetts time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopiertelecopier or telex. Each such notice of a Borrowing (a “"Notice of Borrowing”") shall be by telecopiertelephone, confirmed promptly immediately in writing, or telecopier or telex, in substantially the form of Exhibit A-1 B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing, and (iv) in the case of a Borrowing comprised consisting of Eurodollar Rate Advances, the initial Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Lender shall, before 1:00 2:00 P.M. (New York City Boston, Massachusetts time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02the Agent's Account, in same day funds, such Lender’s 's ratable portion of such Borrowing. After the Administrative Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower at the Administrative Agent’s aforesaid address's address referred to in Section 8.02.
Appears in 1 contract
Making the Advances. (a) Each Except as otherwise provided in Section 2.02(b) or 2.03, each Borrowing shall be made on notice, given not later than 11:00 A.M. a.m. (New York City time) on the day of such proposed Borrowing, in the case of a Borrowing comprised of Base Rate Advances, or on the third Business Day prior to the date of the proposed Borrowing, Borrowing in the case of a Borrowing comprised consisting of Eurodollar Rate Advances, or the first Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt notice thereof by telecopiertelecopier or electronic communication. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be by telecopiertelephone, confirmed promptly immediately in writing, or by telecopier or electronic communication, in substantially the form of Exhibit A-1 B hereto, specifying therein the requested (i) date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iiiiv) aggregate amount of such Borrowing, Borrowing and (ivv) in the case of a Borrowing comprised consisting of Eurodollar Rate Advances, the initial Interest Period for each such Advance. In the case of a proposed Borrowing comprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.06(b). Each Appropriate Lender shall, before 1:00 P.M. 11:00 a.m. (New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02the Administrative Agent’s Account, in same day funds, such Lender’s ratable portion of such BorrowingBorrowing in accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate Lenders. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower at by crediting the Administrative AgentBorrower’s aforesaid addressAccount.
Appears in 1 contract
Samples: Intellectual Property Security Agreement (TLC Vision Corp)