Common use of Making the Committed Advances Clause in Contracts

Making the Committed Advances. (a) Except as otherwise provided in Section 2.03, each Committed Borrowing shall be made on notice, given not later than 11:00 a.m. (New York City time) on the third Business Day prior to the date of the proposed Committed Borrowing in the case of a Committed Borrowing consisting of Eurodollar Rate Advances, or not later than 10:30 a.m. (New York City time) on the date of the proposed Committed Borrowing in the case of a Committed Borrowing consisting of Base Rate Advances, by any Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by facsimile. Each such notice of a Committed Borrowing (a “Notice of Committed Borrowing”) shall be by telephone, confirmed immediately in writing, or facsimile, in substantially the form of Exhibit B-1 hereto, specifying therein the requested (i) date of such Committed Borrowing, (ii) Type of Advances comprising such Committed Borrowing, (iii) aggregate amount of such Committed Borrowing and (iv) in the case of a Committed Borrowing consisting of Eurodollar Rate Advances, initial Interest Period for such Committed Advances. Each Lender shall, before 12:00 noon (New York City time) on the date of such Committed Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent’s Account, in same day funds, such Lender’s ratable portion of such Committed Borrowing 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 3, the Administrative Agent will make such funds available to the Borrower requesting such Committed Borrowing by crediting the applicable Borrowers’ Account.

Appears in 3 contracts

Samples: Credit Agreement (Ace LTD), Credit Agreement (Ace LTD), Credit Agreement (Ace LTD)

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Making the Committed Advances. (a) Except as otherwise provided in Section 2.03, each Each Committed Borrowing shall be made on notice, given not later than (x) 11:00 a.m. A.M. (New York City time) on the date of a proposed Committed Borrowing consisting of Base Rate Advances and (y) 11:00 A.M. (New York City time) on the third Business Day prior to the date of the a proposed Committed Borrowing in the case of a Committed Borrowing consisting of Eurodollar Rate Advances, or not later than 10:30 a.m. (New York City time) on by the date of the proposed Committed Borrowing in the case of a Committed Borrowing consisting of Base Rate Advances, by any Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by facsimiletelecopier, telex or cable. Each such notice of a Committed Borrowing (a "Notice of Committed Borrowing") shall be by telephonetelecopier, confirmed immediately in writing, or facsimile, in substantially the form of Exhibit B-1 A hereto, specifying therein the requested (i) date of such Committed Borrowing, (ii) Type of Committed Advances comprising such Committed Borrowing, (iii) aggregate amount of such Committed Borrowing Borrowing, and (iv) in the case of a Committed Borrowing comprised of Eurodollar Rate Advances, the initial Interest Period for each such Committed Advance. The Borrower may, subject to the conditions herein provided, borrow more than one Committed Borrowing on any Business Day. Each Lender shall, before 2:00 P.M. (New York City time) in the case of a Committed Borrowing consisting of Base Rate Advances and before 11:00 A.M. (New York City time) in the case of a Committed Borrowing consisting of Eurodollar Rate Advances, initial Interest Period for such Committed Advances. Each Lender shall, before 12:00 noon (New York City time) in each case on the date of such Committed Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent’s Accountits address referred to in Section 8.02, in same day funds, such Lender’s 's ratable portion of such Committed Borrowing in accordance with the respective Commitments of such Lender and the other LendersBorrowing. After the Administrative Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article 3III, the Administrative Agent will make such funds available to the Borrower requesting such Committed Borrowing by crediting at the applicable Borrowers’ AccountAdministrative Agent's aforesaid address.

Appears in 2 contracts

Samples: Credit Agreement (Dial Corp /New/), Credit Agreement (Dial Corp /New/)

Making the Committed Advances. (a) Except as otherwise provided in Section 2.03, each Each Committed Borrowing shall be made on noticenotice by the Company (or, if such Borrower is a Borrowing Subsidiary, by the Company on behalf of such Borrowing Subsidiary) to the Administrative Agent (which shall give each Bank prompt notice thereof by telecopy), given not later than 11:00 a.m. 10:00 A.M. (New York City Chicago time) on (i) the date of a proposed Committed Borrowing comprised of Base Rate Advances, (ii) the third Business Day prior to the date of the a proposed Committed Borrowing comprised of Eurocurrency Rate Advances to be denominated in Dollars, and (iii) the case of a Committed Borrowing consisting of Eurodollar Rate Advances, or not later than 10:30 a.m. (New York City time) on fourth Business Day prior to the date of the a proposed Committed Borrowing comprised of Eurocurrency Rate Advances to be denominated in the case of a Committed Borrowing consisting of Base Rate Advances, by any Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by facsimilean Alternative Currency. Each such notice of a Committed Borrowing (a "Notice of Committed Borrowing") shall be by telephone, telecopy confirmed immediately in writing, or facsimile, in substantially the form of Exhibit B-1 D-1 hereto, specifying therein the requested (i) date of such Committed Borrowing, (ii) Type of Committed Advances comprising such Committed Borrowing, which, in the case of a Committed Borrowing denominated in an Alternative Currency, shall be Eurocurrency Rate Advances, (iii) currency for such Committed Borrowing, which shall be in Dollars or an Alternative Currency, (iv) aggregate amount of such Committed Borrowing and Borrowing, (ivv) in the case of a Committed Borrowing consisting of Eurodollar Rate Eurocurrency Advances, the initial Interest Period for each Committed Advance comprising such Committed AdvancesBorrowing, and (vi) whether such Committed Borrowing is to be made by the Company or by a specified Borrowing Subsidiary. The Administrative Agent shall, promptly after such time as the Company or such Borrower may no longer revoke the Notice of Committed Borrowing without any liability to the Company or such Subsidiary, notify each Bank and the Company or such Borrower of the applicable interest rate under Section 2.07(a) or (b). Each Lender Bank shall, before 12:00 noon P.M. (New York City Chicago time) on the date of such Committed Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Domestic Lending Office of the Bank then acting as Administrative Agent’s Account, in same day federal or otherwise immediately available funds, such Lender’s ratable portion Bank's Pro Rata Share of such Committed Borrowing in accordance with the respective Commitments of such Lender and the other LendersBorrowing. After the Administrative Agent’s receipt of Agent receives such funds and upon fulfillment of the applicable conditions set forth in Article 3III, the Administrative Agent will make such funds available to the applicable Borrower requesting such Committed Borrowing by crediting at the applicable Borrowers’ AccountAdministrative Agent's aforesaid address.

Appears in 2 contracts

Samples: Day Credit Agreement (Donnelley R R & Sons Co), Day Credit Agreement (Donnelley R R & Sons Co)

Making the Committed Advances. (a) Except as otherwise provided in Section 2.03, each Committed Borrowing shall be made on notice, given not later than 11:00 a.m. A.M. (New York City time) on the third Business Day prior to the date of the proposed Committed Borrowing in the case of a Committed Borrowing consisting of Eurodollar Rate Advances, or not later than 10:30 a.m. A.M. (New York City time) on the date of the proposed Committed Borrowing in the case of a Committed Borrowing consisting of Base Rate Advances, by any Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by facsimiletelecopier. Each such notice of a Committed Borrowing (a "Notice of Committed Borrowing") shall be by telephone, confirmed immediately in writing, or facsimiletelecopier, in substantially the form of Exhibit B-1 hereto, specifying therein the requested (i) date of such Committed Borrowing, (ii) Type of Advances comprising such Committed Borrowing, (iii) aggregate amount of such Committed Borrowing and (iv) in the case of a Committed Borrowing consisting of Eurodollar Rate Advances, initial Interest Period for such Committed Advances. Each Lender shall, before 12:00 noon (New York City time) on the date of such Committed Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent’s 's Account, in same day funds, such Lender’s 's ratable portion of such Committed Borrowing in accordance with the respective WC 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 3III, the Administrative Agent will make such funds available to the Borrower requesting such Committed Borrowing by crediting the applicable Borrowers’ Borrower's Account.

Appears in 2 contracts

Samples: Assignment and Assumption Agreement (Ace LTD), Credit Agreement (Ace LTD)

Making the Committed Advances. (a) Except as otherwise provided in Section 2.03, each Each Committed Borrowing shall be made on notice, given not later than (x) 11:00 a.m. A.M. (New York City time) on the date of a proposed Committed Borrowing consisting of Base Rate Advances and (y) 11:00 A.M. (New York City time) on the third Business Day prior to the date of the a proposed Committed Borrowing in the case of a Committed Borrowing consisting of Eurodollar Rate Advances, or not later than 10:30 a.m. (New York City time) on by the date of the proposed Committed Borrowing in the case of a Committed Borrowing consisting of Base Rate Advances, by any Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by facsimiletelecopier, telex or cable. Each such notice of a Committed Borrowing (a "Notice of Committed Borrowing") shall be by telephonetelecopier, telex or cable, confirmed immediately in writing, or facsimile, in substantially the form of Exhibit B-1 EXHIBIT A-1 hereto, specifying therein the requested (i) date of such Committed Borrowing, (ii) Type of Committed Advances comprising such Committed Borrowing, (iii) aggregate amount of such Committed Borrowing Borrowing, and (iv) in the case of a Committed Borrowing comprised of Eurodollar Rate Advances, the initial Interest Period for each such Committed Advance. The Borrower may, subject to the conditions herein provided, borrow more than one Committed Borrowing on any Business Day. Each Lender shall, before 2:00 P.M. (New York City time) in the case of a Committed Borrowing consisting of Base Rate Advances and before 11:00 A.M. (New York City time) in the case of a Committed Borrowing consisting of Eurodollar Rate Advances, initial Interest Period for such Committed Advances. Each Lender shall, before 12:00 noon (New York City time) in each case on the date of such Committed Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent’s Accountits address referred to in Section 8.02, in same day funds, such Lender’s 's ratable portion of such Committed Borrowing in accordance with the respective Commitments of such Lender and the other LendersBorrowing. After the Administrative Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article 3III, the Administrative Agent will make such funds available to the Borrower requesting such Committed Borrowing by crediting at the applicable Borrowers’ AccountAdministrative Agent's aforesaid address.

Appears in 2 contracts

Samples: Credit Agreement (Viad Corp), Credit Agreement (Viad Corp)

Making the Committed Advances. (a) Except as otherwise provided in Section 2.03, each Each Committed Borrowing shall be made on notice, given not later than (x) 11:00 a.m. A.M. (New York City time) on the date of a proposed Committed Borrowing consisting of Base Rate Advances and (y) 11:00 A.M. (New York City time) on the third Business Day prior to the date of the a proposed Committed Borrowing in the case of a Committed Borrowing consisting of Eurodollar Rate Advances, or not later than 10:30 a.m. (New York City time) on by the date of the proposed Committed Borrowing in the case of a Committed Borrowing consisting of Base Rate Advances, by any Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by facsimiletelecopier, telex or cable. Each such notice of a Committed Borrowing (a "Notice of Committed Borrowing") shall be by telephonetelecopier, telex or cable, confirmed immediately in writing, or facsimile, in substantially the form of Exhibit B-1 A-1 hereto, specifying therein the requested (i) date of such Committed Borrowing, (ii) Type of Committed Advances comprising such Committed Borrowing, (iii) aggregate amount of such Committed Borrowing Borrowing, and (iv) in the case of a Committed Borrowing comprised of Eurodollar Rate Advances, the initial Interest Period for each such Committed Advance. The Borrower may, subject to the conditions herein provided, borrow more than one Committed Borrowing on any Business Day. Each Lender shall, before 2:00 P.M. (New York City time) in the case of a Committed Borrowing consisting of Base Rate Advances and before 11:00 A.M. (New York City time) in the case of a Committed Borrowing consisting of Eurodollar Rate Advances, initial Interest Period for such Committed Advances. Each Lender shall, before 12:00 noon (New York City time) in each case on the date of such Committed Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent’s Accountits address referred to in Section 8.02, in same day funds, such Lender’s 's ratable portion of such Committed Borrowing in accordance with the respective Commitments of such Lender and the other LendersBorrowing. After the Administrative Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article 3III, the Administrative Agent will make such funds available to the Borrower requesting such Committed Borrowing by crediting at the applicable Borrowers’ AccountAdministrative Agent's aforesaid address.

Appears in 1 contract

Samples: Credit Agreement (Viad Corp)

Making the Committed Advances. (a) Except as otherwise provided in Section 2.03, each Each Committed ------------------------------ Borrowing shall be made on noticenotice by the Company (or, if such Borrower is a Borrowing Subsidiary, by the Company on behalf of such Borrowing Subsidiary) to the Administrative Agent (which shall give each Bank prompt notice thereof by telecopy), given not later than 11:00 a.m. 10:00 A.M. (New York City Chicago time) on (i) the date of a proposed Committed Borrowing comprised of Base Rate Advances, (ii) the third Business Day prior to the date of the a proposed Committed Borrowing comprised of Eurocurrency Rate Advances to be denominated in Dollars, and (iii) the case of a Committed Borrowing consisting of Eurodollar Rate Advances, or not later than 10:30 a.m. (New York City time) on fourth Business Day prior to the date of the a proposed Committed Borrowing comprised of Eurocurrency Rate Advances to be denominated in the case of a Committed Borrowing consisting of Base Rate Advances, by any Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by facsimilean Alternative Currency. Each such notice of a Committed Borrowing (a "Notice of Committed Borrowing") shall be by telephone, telecopy confirmed immediately in writing, or facsimile, in substantially the form of Exhibit B-1 E-1 hereto, specifying therein the requested (i) date of such Committed ----------- Borrowing, (ii) Type of Committed Advances comprising such Committed Borrowing, which, in the case of a Committed Borrowing denominated in an Alternative Currency, shall be Eurocurrency Rate Advances, (iii) currency for such Committed Borrowing, which shall be in Dollars or an Alternative Currency, (iv) aggregate amount of such Committed Borrowing and Borrowing, (ivv) in the case of a Committed Borrowing consisting of Eurodollar Rate Eurocurrency Advances, the initial Interest Period for such each Committed Advances. Each Lender shall, before 12:00 noon (New York City time) on the date of Advance comprising such Committed Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent’s Account, in same day funds, such Lender’s ratable portion of and (vi) whether such Committed Borrowing in accordance with is to be made by 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 3, the Administrative Agent will make such funds available to the Borrower requesting such Committed Borrowing Company or by crediting the applicable Borrowers’ Account.a specified Borrowing

Appears in 1 contract

Samples: Credit Agreement (Donnelley R R & Sons Co)

Making the Committed Advances. (a) Except as otherwise provided in Section 2.03, each Committed (i) Revolving Credit Borrowings. Each Revolving Credit Borrowing shall be made on notice, given not later than (x) 11:00 a.m. A.M. (New York City time) on the third Business Day prior to the date of the proposed Committed Revolving Credit Borrowing in the case of a Committed Revolving Credit Borrowing consisting of Eurodollar Rate Advances, Advances or not later than 10:30 a.m. (y) 11:00 A.M. (New York City time) on the date of the proposed Committed Revolving Credit Borrowing in the case of a Committed Revolving Credit Borrowing consisting of Base Rate Advances, by any the applicable US Borrower to the Administrative Agent, which shall give to each Revolving Credit Lender prompt notice thereof by facsimiletelecopier. Each such notice of a Committed Revolving Credit Borrowing (a “Notice of Committed Revolving Credit Borrowing”) shall be by telephone, confirmed immediately in writing, or facsimile, telecopier in substantially the form of Exhibit B-1 hereto, specifying therein the requested (iA) date of such Committed Revolving Credit Borrowing, (iiB) Type of Advances comprising such Committed Revolving Credit Borrowing, (iiiC) aggregate amount of such Committed Borrowing Revolving Credit Borrowing, and (ivD) in the case of a Committed Revolving Credit Borrowing consisting of Eurodollar Rate Advances, initial Interest Period for each such Committed AdvancesRevolving Credit Advance. Each Revolving Credit Lender shall, before 12:00 noon 1:00 P.M. (New York City time) on the date of such Committed Borrowing, Revolving Credit Borrowing make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative applicable Agent’s Account, in same day funds, such Lender’s ratable portion of such Committed Borrowing in accordance with the respective Commitments of such Lender and the other LendersRevolving Credit Borrowing. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article 3III, the Administrative Agent will make such funds available to the applicable US Borrower requesting at the Agent’s address referred to in Section 10.02. Each US Borrower hereby authorizes the Company to deliver each Notice of Revolving Credit Borrowing on behalf of such Committed Borrowing by crediting the applicable Borrowers’ AccountBorrower.

Appears in 1 contract

Samples: Five Year Credit Agreement (Lafarge North America Inc)

Making the Committed Advances. (a) Except as otherwise provided in Section 2.03, each Each Committed Borrowing shall be made on noticenotice by the Company (or, if such Borrower is a Borrowing Subsidiary, by the -13- Company on behalf of such Borrowing Subsidiary) to the Administrative Agent (which shall give each Bank prompt notice thereof by telecopy), given not later than 11:00 a.m. 10:00 A.M. (New York City Chicago time) on (i) the date of a proposed Committed Borrowing comprised of Base Rate Advances, (ii) the third Business Day prior to the date of the a proposed Committed Borrowing comprised of Eurocurrency Rate Advances to be denominated in Dollars, and (iii) the case of a Committed Borrowing consisting of Eurodollar Rate Advances, or not later than 10:30 a.m. (New York City time) on fourth Business Day prior to the date of the a proposed Committed Borrowing comprised of Eurocurrency Rate Advances to be denominated in the case of a Committed Borrowing consisting of Base Rate Advances, by any Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by facsimilean Alternative Currency. Each such notice of a Committed Borrowing (a "Notice of Committed Borrowing") shall be by telephone, telecopy confirmed immediately in writing, or facsimile, in substantially the form of Exhibit B-1 E-1 hereto, specifying therein the requested (i) date of such Committed Borrowing, (ii) Type of Committed Advances comprising such Committed Borrowing, which, in the case of a Committed Borrowing denominated in an Alternative Currency, shall be Eurocurrency Rate Advances, (iii) currency for such Committed Borrowing, which shall be in Dollars or an Alternative Currency, (iv) aggregate amount of such Committed Borrowing and Borrowing, (ivv) in the case of a Committed Borrowing consisting of Eurodollar Rate Eurocurrency Advances, the initial Interest Period for each Committed Advance comprising such Committed AdvancesBorrowing, and (vi) whether such Committed Borrowing is to be made by the Company or by a specified Borrowing Subsidiary. The Administrative Agent shall, promptly after such time as the Company or such Borrower may no longer revoke the Notice of Committed Borrowing without any liability to the Banks, notify each Bank and the Company or such Borrower of the applicable interest rate under Section 2.07(a) or (b). Each Lender Bank shall, before 12:00 noon P.M. (New York City Chicago time) on the date of such Committed Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Domestic Lending Office of the Bank then acting as Administrative Agent’s Account, in same day federal or otherwise immediately available funds, such Lender’s ratable portion Bank's Pro Rata Share of such Committed Borrowing in accordance with the respective Commitments of such Lender and the other LendersBorrowing. After the Administrative Agent’s receipt of Agent receives such funds and upon fulfillment of the applicable conditions set forth in Article 3III, the Administrative Agent will make such funds available to the applicable Borrower requesting such Committed Borrowing by crediting at the applicable Borrowers’ AccountAdministrative Agent's aforesaid address.

Appears in 1 contract

Samples: Day Credit Agreement (Donnelley R R & Sons Co)

Making the Committed Advances. (a) Except as otherwise provided in Section 2.03, each Each Committed ----------------------------- Borrowing shall be made on noticenotice by the Company (or, if such Borrower is a Borrowing Subsidiary, by the Company on behalf of such Borrowing Subsidiary) to the Administrative Agent (which shall give each Bank prompt notice thereof by telecopy), given not later than 11:00 a.m. 10:00 A.M. (New York City Chicago time) on (i) the date of a proposed Committed Borrowing comprised of Base Rate Advances, (ii) the third Business Day prior to the date of the a proposed Committed Borrowing comprised of Eurocurrency Rate Advances to be denominated in Dollars, and (iii) the case of a Committed Borrowing consisting of Eurodollar Rate Advances, or not later than 10:30 a.m. (New York City time) on fourth Business Day prior to the date of the a proposed Committed Borrowing comprised of Eurocurrency Rate Advances to be denominated in the case of a Committed Borrowing consisting of Base Rate Advances, by any Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by facsimilean Alternative Currency. Each such notice of a Committed Borrowing (a "Notice of Committed Borrowing") shall be by telephone, telecopy confirmed immediately in writing, or facsimile, in substantially the form of Exhibit B-1 E-1 hereto, specifying therein the requested (i) date of such Committed ----------- Borrowing, (ii) Type of Committed Advances comprising such Committed Borrowing, which, in the case of a Committed Borrowing denominated in an Alternative Currency, shall be Eurocurrency Rate Advances, (iii) currency for such Committed Borrowing, which shall be in Dollars or an Alternative Currency, (iv) aggregate amount of such Committed Borrowing and Borrowing, (ivv) in the case of a Committed Borrowing consisting of Eurodollar Rate Eurocurrency Advances, the initial Interest Period for each Committed Advance comprising such Committed AdvancesBorrowing, and (vi) whether such Committed Borrowing is to be made by the Company or by a specified Borrowing Subsidiary. The Administrative Agent shall, promptly after such time as the Company or such Borrower may no longer revoke the Notice of Committed Borrowing without any liability to the Banks, notify each Bank and the Company or such Borrower of the applicable interest rate under Section 2.07(a) or (b). Each Lender Bank shall, before --------------- --- 12:00 noon P.M. (New York City Chicago time) on the date of such Committed Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Domestic Lending Office of the Bank then acting as Administrative Agent’s Account, in same day federal or otherwise immediately available funds, such Lender’s ratable portion Bank's Pro Rata Share of such Committed Borrowing in accordance with the respective Commitments of such Lender and the other LendersBorrowing. After the Administrative Agent’s receipt of Agent receives such funds and upon fulfillment of the applicable conditions set forth in Article 3------- III, the Administrative Agent will make such funds available to the applicable --- Borrower requesting such Committed Borrowing by crediting at the applicable Borrowers’ AccountAdministrative Agent's aforesaid address.

Appears in 1 contract

Samples: Day Credit Agreement (Donnelley R R & Sons Co)

Making the Committed Advances. (a) Except as otherwise provided in Section 2.03, each Each Committed Borrowing shall be made on notice, given not later than (x) 11:00 a.m. A.M. (New York City time) on the date of a proposed Committed Borrowing consisting of Base Rate Advances in Dollars, (y) 11:00 A.M. (New York City time) on the third Business Day prior to the date of the a proposed Committed Borrowing in the case of a Committed Borrowing consisting of Eurodollar Eurocurrency Rate Advances, or not later than 10:30 a.m. Advances and (New York City z) 2:00 P.M. (Toronto time) on the date of the a proposed Committed Borrowing in the case of a Committed Borrowing consisting of Base Canadian Prime Rate Advances, Banker's Acceptances or BA Equivalent Advances, by any the Borrower requesting the proposed Borrowing to the Administrative Applicable Agent, which shall give to each Applicable Lender prompt notice thereof by facsimiletelecopier, telex or cable. Each such notice of a Committed Borrowing (a "Notice of Committed Borrowing") shall be by telephonetelecopier, telex or cable, confirmed immediately in writing, or facsimile, in substantially the form of Exhibit B-1 A-1 hereto (or in the form of Exhibit A-3 hereto, in the case of a Committed Borrowing consisting of Banker's Acceptances), specifying therein the requested (i) date of such Committed Borrowing, (ii) currency of such Committed Borrowing (iii) Type of Committed Advances comprising such Committed Borrowing, (iiiiv) aggregate amount of such Committed Borrowing Borrowing, and (ivv) initial Interest Period for each such Committed Advance, in the case of a Committed Borrowing comprised of Eurocurrency Rate Advances. A Borrower may, subject to the conditions herein provided, borrow more than one Committed Borrowing on any Business Day. Each Applicable Lender shall, (x) before 2:00 P.M. (New York City time) in the case of a Committed Borrowing consisting of Eurodollar Base Rate Advances, initial Interest Period for such Committed Advances. Each Lender shall, (y) before 12:00 noon 11:00 A.M. (New York City time) in the case of a Committed Borrowing consisting of Eurocurrency Rate Advances and (z) 2:00 P.M. (Toronto time) in the case of a Committed Borrowing consisting of Canadian Prime Rate Advances, Banker's Acceptances or BA Equivalent Advances, in each case on the date of such Committed Borrowing, make available for the account of its Applicable Lending Office to the Applicable Agent (i) in the case of a Borrowing in Dollars, at such account maintained at the Payment Office for Dollars as shall have been notified by the Administrative Agent at to the Administrative Agent’s Account, Lenders prior thereto and in same day funds, such U.S. Lender’s 's or Canadian Lender's, as the case may be, ratable portion of such Committed Borrowing in accordance with Dollars and (ii) in the respective Commitments case of a Committed Borrowing in Canadian Dollars, at such account maintained at the Payment Office for Canadian Dollars as shall have been notified by the Canadian Agent to the Canadian Lenders prior thereto and in same day funds, such Canadian Lender's ratable portion of such Lender and the other LendersCommitted Borrowing in Canadian Dollars. After the Administrative Applicable Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article 3III, the Administrative Applicable Agent will make such funds available to the Borrower requesting such Committed the proposed Borrowing by crediting at the aforesaid applicable Borrowers’ AccountPayment Office.

Appears in 1 contract

Samples: Credit Agreement (Viad Corp)

Making the Committed Advances. (a) Except as otherwise provided in Section 2.03, each Each Committed Borrowing shall be made on noticenotice by the Company (or, if such Borrower is a Borrowing Subsidiary, by the Company on behalf of such Borrowing Subsidiary) to the Administrative Agent (which shall give each Bank prompt notice thereof by telecopy), given not later than 11:00 a.m. 10:00 A.M. (New York City Chicago time) on (i) the date of a proposed Committed Borrowing comprised of Base Rate Advances, (ii) the third Business Day prior to the date of the a proposed Committed Borrowing comprised of Eurocurrency Rate Advances to be denominated in Dollars, and (iii) the case of a Committed Borrowing consisting of Eurodollar Rate Advances, or not later than 10:30 a.m. (New York City time) on fourth Business Day prior to the date of the a proposed Committed Borrowing comprised of Eurocurrency Rate Advances to be denominated in the case of a Committed Borrowing consisting of Base Rate Advances, by any Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by facsimilean Alternative Currency. Each such notice of a Committed Borrowing (a "Notice of Committed Borrowing") shall be by telephone, telecopy confirmed immediately in writing, or facsimile, in substantially the form of Exhibit B-1 E-1 hereto, specifying therein the requested (i) date of such Committed Borrowing, (ii) Type of Committed Advances comprising such Committed Borrowing, which, in the case of a Committed Borrowing denominated in an Alternative Currency, shall be Eurocurrency Rate Advances, (iii) currency for such Committed Borrowing, which shall be in Dollars or an Alternative Currency, (iv) aggregate amount of such Committed Borrowing and Borrowing, (ivv) in the case of a Committed Borrowing consisting of Eurodollar Rate Eurocurrency Advances, the initial Interest Period for each Committed Advance comprising such Committed AdvancesBorrowing, and (vi) whether such Committed Borrowing is to be made by the Company or by a specified Borrowing Subsidiary. The Administrative Agent shall, promptly after such time as the Company or such Borrower may no longer revoke the Notice of Committed Borrowing without any liability to the Banks, notify each Bank and the Company or such Borrower of the applicable interest rate under Section 2.07(a) or (b). Each Lender Bank shall, before 12:00 noon P.M. (New York City Chicago time) on the date of such Committed Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Domestic Lending Office of the Bank then acting as Administrative Agent’s Account, in same day federal or otherwise immediately available funds, such Lender’s ratable portion Bank's Pro Rata Share of such Committed Borrowing in accordance with the respective Commitments of such Lender and the other LendersBorrowing. After the Administrative Agent’s receipt of Agent receives such funds and upon fulfillment of the applicable conditions set forth in Article 3III, the Administrative Agent will make such funds available to the applicable Borrower requesting such Committed Borrowing by crediting at the applicable Borrowers’ AccountAdministrative Agent's aforesaid address.

Appears in 1 contract

Samples: Exhibit 4 (Donnelley R R & Sons Co)

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Making the Committed Advances. (a) Except as otherwise provided in Section 2.03, each Each Committed ----------------------------- Borrowing shall be made on noticenotice by the Company (or, if such Borrower is a Borrowing Subsidiary, by the Company on behalf of such Borrowing Subsidiary) to the Administrative Agent (which shall give each Bank prompt notice thereof by telecopy), given not later than 11:00 a.m. 10:00 A.M. (New York City Chicago time) on (i) the date of a proposed Committed Borrowing comprised of Base Rate Advances, (ii) the third Business Day prior to the date of the a proposed Committed Borrowing comprised of Eurocurrency Rate Advances to be denominated in Dollars, and (iii) the case of a Committed Borrowing consisting of Eurodollar Rate Advances, or not later than 10:30 a.m. (New York City time) on fourth Business Day prior to the date of the a proposed Committed Borrowing comprised of Eurocurrency Rate Advances to be denominated in the case of a Committed Borrowing consisting of Base Rate Advances, by any Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by facsimilean Alternative Currency. Each such notice of a Committed Borrowing (a "Notice of Committed Borrowing") shall be by telephone, telecopy confirmed immediately in writing, or facsimile, in substantially the form of Exhibit B-1 E-1 hereto, specifying therein the requested (i) date of such Committed ----------- Borrowing, (ii) Type of Committed Advances comprising such Committed Borrowing, which, in the case of a Committed Borrowing denominated in an Alternative Currency, shall be Eurocurrency Rate Advances, (iii) currency for such Committed Borrowing, which shall be in Dollars or an Alternative Currency, (iv) aggregate amount of such Committed Borrowing and Borrowing, (ivv) in the case of a Committed Borrowing consisting of Eurodollar Rate Eurocurrency Advances, the initial Interest Period for such each Committed Advances. Each Lender shall, before 12:00 noon (New York City time) on the date of Advance comprising such Committed Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent’s Account, in same day funds, such Lender’s ratable portion of and (vi) whether such Committed Borrowing in accordance with is to be made by 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 3, the Administrative Agent will make such funds available to the Borrower requesting such Committed Borrowing Company or by crediting the applicable Borrowers’ Account.a specified Borrowing

Appears in 1 contract

Samples: Day Credit Agreement (Donnelley R R & Sons Co)

Making the Committed Advances. (a) Except as otherwise provided in Section 2.03, each Committed Borrowing shall be made on notice, given not later than 11:00 a.m. A.M. (New York City time) on the third Business Day prior to the date of the proposed Committed Borrowing in the case of a Committed Borrowing consisting of Eurodollar Rate Advances, or not later than 10:30 a.m. (New York City time) on the first Business Day prior to the date of the proposed Committed Borrowing in the case of a Committed Borrowing consisting of Base Rate Advances, by any Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by facsimiletelecopier. Each such notice of a Committed Borrowing (a "Notice of Committed Borrowing") shall be by telephone, confirmed immediately in writing, writing or facsimiletelecopier, in substantially the form of Exhibit B-1 hereto, specifying therein the requested (i) date of such Committed Borrowing, (ii) Type of Advances comprising such Committed Borrowing, (iii) aggregate amount of such Committed Borrowing and (iv) in the case of a Committed Borrowing consisting of Eurodollar Rate Advances, initial Interest Period for such Committed Advances. Each Lender shall, before 12:00 noon 11:00 A.M. (New York City time) on the date of such Committed Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent’s 's Account, in same day funds, such Lender’s 's ratable portion of such Committed Borrowing 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 3III, the Administrative Agent will make such funds available to the Borrower requesting such Committed Borrowing by crediting the applicable Borrowers’ Borrower's Account.

Appears in 1 contract

Samples: Credit Agreement (Ace LTD)

Making the Committed Advances. (a) Except as otherwise provided in Section 2.03, each Each Committed Borrowing Advance shall be made made, to the extent that a Bank is so obligated under Section 1.01, on notice, given not later than notice from the Borrower in writing in the form of Exhibit D hereto (a "Notice of Committed Borrowing") to the Agent delivered before 11:00 a.m. A.M. (New York City time) on the third Business Day prior to the date of the proposed Committed Borrowing in the case of a Committed Borrowing consisting of Eurodollar Rate Advanceson, or not later than 10:30 a.m. (New York City time) on the date of the proposed Committed Borrowing in the case of a Committed Borrowing consisting of Base Rate Advances, by any Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by facsimile. Each such notice of a Committed Borrowing (a “Notice of Committed Borrowing”) shall be by telephone, confirmed immediately in writing, or facsimile, in substantially the form of Exhibit B-1 hereto, specifying therein the requested (i) date of such Committed Borrowing, (ii) Type of Advances comprising such Committed Borrowing, (iii) aggregate amount of such Committed Borrowing and (iv) in the case of a Committed Borrowing consisting LIBOR Rate Advance, a Business Day which is at least two (2) Business Days prior to the first day of Eurodollar Rate Advances, initial the Interest Period for such Committed AdvancesBorrowing and (ii) in the case of a Base Rate Advance, on the first day of the Interest Period for such Committed Borrowing, containing the representations and other information contemplated in Exhibit D hereto and accompanied by a duly executed Outstandings Report dated as of the first day of the Interest Period for such Committed Borrowing. The Agent shall in turn promptly notify each Bank by telephone (confirmed immediately by telex, cable or facsimile), telex, cable or facsimile of the aggregate amount of, and the initial Interest Period for, such Borrowing and such Bank's ratable portion of such Borrowing. Each Lender Bank shall, before 12:00 noon not later than 1:00 P.M. (New York City time) on the date of such Committed Borrowing, make available for Borrowing specified in the account of its Applicable Lending Office notice received from the Agent pursuant to the Administrative Agent at the Administrative Agent’s Accountpreceding sentence, in same day funds, deposit such Lender’s Bank's ratable portion of such Committed Borrowing in accordance with same day funds to the respective Commitments of Agent's Depository Account and include in a communication accompanying such Lender and the other Lenders. After the Administrative Agent’s receipt of deposit a reference that such funds and upon fulfillment of the applicable conditions set forth in Article 3, the Administrative Agent will make such funds available pertain to the Borrower requesting such a Committed Borrowing by crediting the applicable Borrowers’ Account.Borrower under this Agreement. Not later than 3:00

Appears in 1 contract

Samples: Revolving Credit Agreement (Hudson Foods Inc)

Making the Committed Advances. (a) Except as otherwise provided in Section 2.03, each Each Committed Borrowing shall be made on noticenotice by the Company (or, if such Borrower is a Borrowing Subsidiary, by the Company on behalf of such Borrowing Subsidiary) to the Administrative Agent (which shall give each Bank prompt notice thereof by telecopy), given not later than 11:00 a.m. 10:00 A.M. (New York City Chicago time) on (i) the date of a proposed Committed Borrowing comprised of Base Rate Advances, (ii) the third Business Day prior to the date of the a proposed Committed Borrowing comprised of Eurocurrency Rate Advances to be denominated in Dollars, and (iii) the case of a Committed Borrowing consisting of Eurodollar Rate Advances, or not later than 10:30 a.m. (New York City time) on fourth Business Day prior to the date of the a proposed Committed Borrowing comprised of Eurocurrency Rate Advances to be denominated in the case of a Committed Borrowing consisting of Base Rate Advances, by any Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by facsimilean Alternative Currency. Each such notice of a Committed Borrowing (a "Notice of Committed Borrowing") shall be by telephone, telecopy confirmed immediately in writing, or facsimile, in substantially the form of Exhibit B-1 D-1 hereto, specifying therein the requested (i) date of such Committed Borrowing, (ii) Type of Committed Advances comprising such Committed Borrowing, which, in the case of a Committed Borrowing denominated in an Alternative Currency, shall be Eurocurrency Rate Advances, (iii) currency for such Committed Borrowing, which shall be in Dollars or an Alternative Currency, (iv) aggregate amount of such Committed Borrowing and Borrowing, (ivv) in the case of a Committed Borrowing consisting of Eurodollar Rate Eurocurrency Advances, the initial Interest Period for such each Committed Advances. Each Lender shall, before 12:00 noon (New York City time) on the date of Advance comprising such Committed Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent’s Account, in same day funds, such Lender’s ratable portion of and (vi) whether such Committed Borrowing in accordance with is to be made by the respective Commitments Company or by a specified Borrowing Subsidiary. The Administrative Agent shall, promptly after such time as the Company or such Borrower may no longer revoke the Notice of Committed Borrowing without any liability to the Company or such Lender Borrower, notify each Bank and the other Lenders. After the Administrative Agent’s receipt of Company or such funds and upon fulfillment Borrower of the applicable conditions set forth in Article 3interest rate under Section 2.07(a) or (b). Each Bank shall, the Administrative Agent will make such funds available to the Borrower requesting such Committed Borrowing by crediting the applicable Borrowers’ Account.before

Appears in 1 contract

Samples: Credit Agreement (Donnelley R R & Sons Co)

Making the Committed Advances. (a) Except as otherwise provided in Section 2.032.04(c), each Committed Borrowing (other than a Competitive Bid Borrowing) shall be made on notice, given not later than (w) 11:00 a.m. A.M. (New York City time) on the third Business Day prior to the date of the proposed Committed Revolving Credit Borrowing in the case of a Committed Revolving Credit Borrowing consisting of Eurodollar Eurocurrency Rate AdvancesAdvances denominated in Dollars, or not later than 10:30 a.m. (x) 4:00 P.M. (London time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency, (y) 11:00 A.M. (New York City time) on the date of the proposed Committed Revolving Credit Borrowing in the case of a Committed Revolving Credit Borrowing consisting of Base Rate AdvancesAdvances or (z) 10:00 A.M. (Toronto time) on the date of the proposed Borrowing in the case of a Canadian Prime Rate Borrowing, by any the applicable Borrower to the Administrative Agent (and, in the case of a Revolving Credit Borrowing consisting of Eurocurrency Rate Advances or in the case of a Canadian Prime Rate Borrowing, simultaneously to the applicable Sub-Agent), which shall give to each Appropriate Lender prompt notice thereof by facsimiletelecopier. Each such notice of a Committed Revolving Credit Borrowing or a Canadian Prime Rate Borrowing (a “Notice of Committed Borrowing”) shall be by telephone, confirmed immediately in writing, or facsimile, telecopier or as otherwise may be agreed by the Agent in substantially the form of Exhibit B-1 hereto, specifying therein the requested (i) date of such Committed Borrowing, (ii) in the case of a Revolving Credit Borrowing, Type of Advances comprising such Committed Revolving Credit Borrowing, (iii) aggregate amount and Facility of such Committed Borrowing Borrowing, and (iv) in the case of a Committed Revolving Credit Borrowing consisting of Eurodollar Eurocurrency Rate Advances, initial Interest Period and currency for each such Committed AdvancesRevolving Credit Advance. Each Appropriate Lender shall, before 12:00 noon 1:00 P.M. (New York City time) on the date of such Borrowing, in the case of a Revolving Credit Borrowing consisting of Advances denominated in Dollars, before 11:00 A.M. (London time) on the date of such Revolving Credit Borrowing, in the case of a Revolving Credit Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency, and before 12:00 noon (Toronto time) on the date of such Canadian Prime Rate Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative applicable Agent’s Account, in same day funds, such Lender’s ratable portion of such Committed Borrowing (determined in accordance with the respective Commitments Section 2.01) of such Lender and the other LendersBorrowing. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article 3III, the Administrative Agent will make such funds available to the Borrower requesting such Committed Borrowing by crediting the applicable Borrowers’ AccountRevolving Credit Borrowing or Canadian Prime Rate Borrowing at the Agent’s address referred to in Section 9.02 or at the applicable Payment Office, as the case may be.

Appears in 1 contract

Samples: Credit Agreement (Coca Cola Co)

Making the Committed Advances. (a) Except as otherwise provided in Section 2.03, each Committed Borrowing shall be made on notice, given not later than 11:00 a.m. A.M. (New York City time) on the third Business Day prior to the date of the proposed Committed Borrowing in the case of a Committed Borrowing consisting of Eurodollar Rate Advances, or not later than 10:30 a.m. (New York City time) on the first Business Day prior to the date of the proposed Committed Borrowing in the case of a Committed Borrowing consisting of Base Rate Advances, by any Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by facsimiletelecopier. Each such notice of a Committed Borrowing (a "Notice of Committed Borrowing") shall be by telephone, confirmed immediately in writing, or facsimiletelecopier, in substantially the form of Exhibit B-1 hereto, specifying therein the requested (i) date of such Committed Borrowing, (ii) Type of Advances comprising such Committed Borrowing, (iii) aggregate amount of such Committed Borrowing and (iv) in the case of a Committed Borrowing consisting of Eurodollar Rate Advances, initial Interest Period for such Committed Advances. Each Lender shall, before 12:00 noon 11:00 A.M. (New York City time) on the date of such Committed Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent’s 's Account, in same day funds, such Lender’s 's ratable portion of such Committed Borrowing in accordance with the respective WC 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 3III, the Administrative Agent will make such funds available to the Borrower requesting such Committed Borrowing by crediting the applicable Borrowers’ Borrower's Account.

Appears in 1 contract

Samples: Credit Agreement (Ace LTD)

Making the Committed Advances. (a) Except as otherwise provided in Section 2.03, each Committed Borrowing shall be made on notice, given not later than 11:00 a.m. A.M. (New York City time) on the third Business Day prior to the date of the proposed Committed Borrowing in the case of a Committed Borrowing consisting of Eurodollar Rate Advances, or not later than 10:30 a.m. (New York City time) on the first Business Day prior to the date of the proposed Committed Borrowing in the case of a Committed Borrowing consisting of Base Rate Advances, by any the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by facsimiletelecopier. Each such notice of a Committed Borrowing (a "Notice of Committed Borrowing") shall be by telephone, confirmed immediately in writing, or facsimiletelecopier, in substantially the form of Exhibit B-1 hereto, specifying therein the requested (i) date of such Committed Borrowing, (ii) Type of Advances comprising such Committed Borrowing, (iii) aggregate amount of such Committed Borrowing and (iv) in the case of a Committed Borrowing consisting of Eurodollar Rate Advances, initial Interest Period for such Committed Advances. Each Lender shall, before 12:00 noon 11:00 A.M. (New York City time) on the date of such Committed Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent’s 's Account, in same day funds, such Lender’s 's ratable portion of such Committed Borrowing 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 3III, the Administrative Agent will make such funds available to the Borrower requesting such Committed Borrowing by crediting the applicable Borrowers’ Borrower's Account.

Appears in 1 contract

Samples: Credit Agreement (Ace LTD)

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