Common use of Notice From the Borrower Clause in Contracts

Notice From the Borrower. Each Borrowing shall be made on notice given by the Borrower to the Administrative Agent not later than (i) 12:00 p.m. on the Business Day prior to the date of the proposed Borrowing, in the case of a Borrowing of Base Rate Loans and (ii) 12:00 p.m. on the third Business Day prior to the date of the proposed Borrowing, in the case of a Borrowing of Eurodollar Rate Loans. Each such notice may be made in a writing substantially in the form of Exhibit 2.2(a) (a “Notice of Borrowing”) duly completed or by telephone if confirmed promptly, but in any event within one Business Day and prior to such Borrowing, with such a Notice of Borrowing. Loans shall be made as Base Rate Loans unless, outside of a suspension period pursuant to Section 2.15, the Notice of Borrowing specifies that all or a portion thereof shall be Eurodollar Rate Loans. Each Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000.

Appears in 4 contracts

Samples: Credit Agreement (Francesca's Holdings CORP), Credit Agreement (Francesca's Holdings CORP), Credit Agreement (Francesca's Holdings CORP)

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Notice From the Borrower. Each Borrowing shall be made on notice given by the Borrower to the Administrative Agent not later than (i) 12:00 p.m. on the Business Day prior to the date of the proposed Borrowing, in the case of a Borrowing of Base Rate Loans and (ii) 12:00 p.m. on the third Business Day prior to the date of the proposed Borrowing, in the case of a Borrowing of Eurodollar Rate Loans. Each such notice may be made in a writing substantially in the form of Exhibit 2.2(a) (a “Notice of Borrowing”) duly completed or by telephone if confirmed promptly, but in any event within one Business Day and prior to such Borrowing, with such a Notice of Borrowing. Loans shall be made as Base Rate Loans unless, outside of a suspension period pursuant to Section 2.15, the Notice of Borrowing specifies that all or a portion thereof shall be Eurodollar Rate Loans. Each Borrowing shall be in an aggregate amount that is of not less than $1,000,000 or an integral multiple of $1,000,000100,000 in excess thereof.

Appears in 2 contracts

Samples: Guaranty and Security Agreement (Francesca's Holdings CORP), Credit Agreement (Francesca's Holdings CORP)

Notice From the Borrower. Each Borrowing shall be made on notice given by the Borrower to the Administrative Agent not later than 11:00 a.m. on (i) 12:00 p.m. on the first Business Day prior to the date of the proposed BorrowingDay, in the case of a Borrowing of Base Rate Loans and (ii) 12:00 p.m. on the third Business Day prior to the date of the proposed BorrowingDay, in the case of a Borrowing of Eurodollar Rate Loans, prior to the date of the proposed Borrowing. Each such notice may be made in a writing substantially in the form of Exhibit 2.2(a) C (a “Notice of Borrowing”) duly completed or by telephone if confirmed promptly, but in any event within one Business Day and prior to such Borrowing, with such a Notice of Borrowing. Loans shall be made as Base Rate Loans unless, outside of a suspension period pursuant to Section 2.15, the Notice of Borrowing specifies that all or a portion thereof shall be Eurodollar Rate Loans. Each Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000500,000.

Appears in 2 contracts

Samples: Credit Agreement (SXC Health Solutions Corp.), Credit Agreement (Medical Staffing Network Holdings Inc)

Notice From the Borrower. Each Borrowing shall be made on notice given by the Borrower to the Administrative Agent not later than 11:00 a.m. on (i) 12:00 p.m. on the first Business Day prior to the date of the proposed BorrowingDay, in the case of a Borrowing of Base Rate Loans and (ii) 12:00 p.m. on the third Business Day prior to the date of the proposed BorrowingDay, in the case of a Borrowing of Eurodollar Rate Loans, prior to the date of the proposed Borrowing. Each such notice may be made in a writing substantially in the form of Exhibit 2.2(a) C (a “Notice of Borrowing”) duly completed or by telephone if confirmed promptly, but in any event within one Business Day and prior to such Borrowing, with such a Notice of Borrowing. Loans shall be made as Base Rate Loans unless, outside of a suspension period pursuant to Section 2.15, the Notice of Borrowing specifies that all or a portion thereof shall be Eurodollar Rate Loans. Each Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000. No Borrowing of any Eurodollar Rate Loan shall be made prior to the Syndication Completion Date.

Appears in 2 contracts

Samples: Credit Agreement (Assisted Living Concepts Inc), Credit Agreement (Assisted Living Concepts Inc)

Notice From the Borrower. Each Borrowing shall be made on notice given by the Borrower to the Administrative Agent not later than 11:00 a.m. on (i) 12:00 p.m. on the first Business Day prior to the date of the proposed BorrowingDay, in the case of a Borrowing of Base Rate Loans and (ii) 12:00 p.m. on the third Business Day prior to the date of the proposed BorrowingDay, in the case of a Borrowing of Eurodollar Rate Loans, prior to the date of the proposed Borrowing. Each such notice may be made in a writing substantially in the form of Exhibit 2.2(a) C (a “Notice of Borrowing”) duly completed or by telephone if confirmed promptly, but in any event within one Business Day and prior to such Borrowing, with such a Notice of Borrowing. Loans shall be made as Base Rate Loans until thirty (30) days after the Closing Date; thereafter, Loans shall be made as Base Rate Loans unless, outside of a suspension period pursuant to Section 2.15, the Notice of Borrowing specifies that all or a portion thereof shall be Eurodollar Rate Loans. Each Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000500,000.

Appears in 1 contract

Samples: Credit Agreement (Medical Staffing Network Holdings Inc)

Notice From the Borrower. Each Borrowing The borrowing of the Term Loans (other than PIK Loans) shall be made on notice given by the Borrower to the Administrative Agent not later than 1:00 p.m. (New York time) on (i) 12:00 p.m. on the first Business Day prior to the date of the proposed BorrowingDay, in the case of a Borrowing borrowing of Base Rate Loans and (ii) 12:00 p.m. on the third Business Day prior to the date of the proposed BorrowingDay, in the case of a Borrowing borrowing of Eurodollar Rate Loans, prior to the Closing Date. Each such notice may be made in a writing substantially in the form of Exhibit 2.2(a) C (a “Notice of Borrowing”) duly completed or by telephone if confirmed promptly, but in any event within one Business Day and prior to such Borrowingborrowing, with such a Notice of Borrowing. The Term Loans shall be made as Base Rate Loans unless, outside of a suspension period pursuant to Section 2.15, the Notice of Borrowing specifies that all or a portion thereof shall be Eurodollar Rate Loans. Each Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Dayton Superior Corp)

Notice From the Borrower. Each Borrowing shall be made on notice given by the Borrower to the Administrative Agent not later than 11:00 a.m. on (i) 12:00 p.m. on the first Business Day prior to the date of the proposed BorrowingDay, in the case of a Borrowing of Base Rate Loans and (ii) 12:00 p.m. on the third Business Day prior to the date of the proposed BorrowingDay, in the case of a Borrowing of Eurodollar Rate Loans, prior to the date of the proposed Borrowing; provided, however, that the Borrower may not request a Eurodollar Rate Loan until the earlier of (x) the date that is thirty days after the Merger Funding Date and (y) the date of completion of the "Primary Syndication" referred to in the Fee Letter referred to in clause (a) of the definition thereof. Each such notice may be made in a writing substantially in the form of Exhibit 2.2(a) C (a "Notice of Borrowing") duly completed or by telephone if confirmed promptly, but in any event within one Business Day and prior to such Borrowing, with such a Notice of Borrowing. Loans shall be made as Base Rate Loans unless, outside of a suspension period pursuant to Section 2.15, the Notice of Borrowing specifies that all or a portion thereof shall be Eurodollar Rate Loans. Each Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000.

Appears in 1 contract

Samples: Intercreditor Agreement (Inverness Medical Innovations Inc)

Notice From the Borrower. Each Borrowing shall be made on notice given by the Borrower to the Administrative Agent not later than noon on (i) 12:00 p.m. on the same Business Day prior to as the date of the proposed Borrowing, in the case of a Borrowing of Base Rate Loans and (ii) 12:00 p.m. on the third Business Day prior to the date of the proposed Borrowing, in the case of a Borrowing of Eurodollar Rate Loans. Each such notice may be made in a writing substantially in the form of Exhibit 2.2(a) D (a “Notice of Borrowing”) duly completed or by telephone if confirmed promptly, but in any event within one Business Day and prior to such Borrowing, with such a Notice of Borrowing. Term Loans shall be made as Base Rate Loans unless, outside of a suspension period pursuant to Section 2.15, the Notice of Borrowing specifies that all or a portion thereof shall be Eurodollar Rate Loans. Each Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000.

Appears in 1 contract

Samples: Credit Agreement (SemGroup Corp)

Notice From the Borrower. Each Borrowing shall be made on notice given by the Borrower to the Administrative Agent not later than 11:00 a.m. on (i) 12:00 p.m. on the first Business Day prior to the date of the proposed BorrowingDay, in the case of a Borrowing of Base Rate Loans and (ii) 12:00 p.m. on the third Business Day prior to the date of the proposed BorrowingDay, in the case of a Borrowing of Eurodollar Rate Loans, prior to the date of the proposed Borrowing. Each such notice may be made in a writing substantially in the form of Exhibit 2.2(a) C (a “Notice of Borrowing”) duly completed or by telephone if confirmed promptly, but in any event within one Business Day and prior to such Borrowing, with such a Notice of Borrowing. Revolving Loans shall be made as Base Rate Loans unless, outside of a suspension period pursuant to Section 2.15, the Notice of Borrowing specifies that all or a portion thereof shall be Eurodollar Rate Loans. Each Borrowing shall be in an aggregate amount that is a minimum amount of $100,000 and an integral multiple of $1,000,000.10,000. CREDIT AGREEMENT PARLUX LTD. 27

Appears in 1 contract

Samples: Credit Agreement (Parlux Fragrances Inc)

Notice From the Borrower. Each Borrowing shall be made on notice given by the Borrower to the Administrative Agent not later than 1:00 p.m. on (i) 12:00 p.m. on the first Business Day prior to the date of the proposed BorrowingDay, in the case of a Borrowing of Base Rate Loans and (ii) 12:00 p.m. on the third Business Day prior to the date of the proposed BorrowingDay, in the case of a Borrowing of Eurodollar Rate Loans, prior to the date of the proposed Borrowing. Each such notice may be made in a writing substantially in the form of Exhibit 2.2(a) C (a “Notice of Borrowing”) duly completed or by telephone if confirmed promptly, but in any event within one Business Day and prior to such Borrowing, with such a Notice of Borrowing. Loans shall be made as Base Rate Loans unless, outside of a suspension period pursuant to Section 2.15, the Notice of Borrowing specifies that all or a portion thereof shall be Eurodollar Rate Loans. Each Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000.

Appears in 1 contract

Samples: Credit Agreement (Beacon Roofing Supply Inc)

Notice From the Borrower. Each Borrowing shall be made on notice given by the Borrower to the Administrative Agent not later than 12:00 p.m. on (i) 12:00 p.m. on the first Business Day prior to the date of the proposed BorrowingDay, in the case of a Borrowing of Base Rate Loans and (ii) 12:00 p.m. on the third Business Day prior to the date of the proposed BorrowingDay, in the case of a Borrowing of Eurodollar Rate Loans, prior to the date of the proposed Borrowing. Each such notice may be made in a writing substantially in the form of Exhibit 2.2(a) C (a “Notice of Borrowing”) duly completed or by telephone if confirmed promptly, but in any event within one Business Day and prior to such Borrowing, with such a Notice of Borrowing. Loans shall be made as Base Rate Loans unless, outside of a suspension period pursuant to Section 2.15, the Notice of Borrowing specifies that all or a portion thereof shall be Eurodollar Rate Loans. Each Borrowing of Revolving Loans shall be in an aggregate amount that is an integral multiple of $1,000,000100,000.

Appears in 1 contract

Samples: Credit Agreement (Westwood One Inc /De/)

Notice From the Borrower. Each Borrowing shall be made on notice given by the Borrower to the Administrative Agent not later than 11:00 a.m. on (i) 12:00 p.m. on the first Business Day prior to the date of the proposed BorrowingDay, in the case of a Borrowing of Base Rate Loans and (ii) 12:00 p.m. on the third Business Day prior to the date of the proposed BorrowingDay, in the case of a Borrowing of Eurodollar Rate Loans, prior to the date of the proposed Borrowing. Each such notice may be made in a writing substantially in the form of Exhibit 2.2(a) C (a “Notice of Borrowing”) duly completed or by telephone if confirmed promptly, but in any event within one Business Day and prior to such Borrowing, with such a Notice of Borrowing. Loans shall be made as Base Rate Loans unless, outside of a suspension period pursuant to Section 2.15, the Notice of Borrowing specifies that all or a portion thereof shall be Eurodollar Rate Loans. Each Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000100,000 (except, with respect to any Incremental Term Borrowing, to the extent otherwise provided in the related Incremental Term Loan Assumption Agreement).

Appears in 1 contract

Samples: Credit Agreement (Townsquare Media, LLC)

Notice From the Borrower. Each Borrowing shall be made on notice given by the Borrower to the Administrative Agent not later than 12:00 p.m. on (i) 12:00 p.m. on the first Business Day prior to the date of the proposed BorrowingDay, in the case of a Borrowing of Base Rate Loans and (ii) 12:00 p.m. on the third Business Day prior to the date of the proposed BorrowingDay, in the case of a Borrowing of Eurodollar Rate Loans, prior to the date of the proposed Borrowing; provided, however, that the Borrower may not request a Eurodollar Rate Loan until the third Business Day after the Closing Date. Each such notice may be made in a writing substantially in the form of Exhibit 2.2(a) C (a "Notice of Borrowing") duly completed or by telephone if confirmed promptly, but in any event within one Business Day and prior to such Borrowing, with such a Notice of Borrowing. Loans shall be made as Base Rate Loans unless, outside of a suspension period pursuant to Section 2.15, the Notice of Borrowing specifies that all or a portion thereof shall be Eurodollar Rate Loans. Each Borrowing shall be in an aggregate a minimum amount that is an integral multiple of $1,000,000750,000 and integral multiples of $50,000 in excess thereof.

Appears in 1 contract

Samples: Credit Agreement (Goamerica Inc)

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Notice From the Borrower. Each Borrowing of new Loans shall be made on notice given by the Borrower to the Administrative Agent not later than (i) 12:00 1:00 p.m. on the first Business Day prior to the date of the proposed BorrowingDay, in the case of a Borrowing of Base Rate Loans and (ii) 12:00 1:00 p.m. on the third Business Day prior to the date of the proposed BorrowingDay, in the case of a Borrowing of Eurodollar Rate Loans, prior to the date of the proposed Borrowing; provided, however, that such notice may be given on the Closing Date with respect to Borrowings of Base Rate Loans to be made on the Closing Date. Each such notice may be made in a writing substantially in the form of Exhibit 2.2(a) C (a “Notice of Borrowing”) duly completed or by telephone if confirmed promptly, but in any event within one Business Day and prior to such Borrowing, with such a Notice of Borrowing. Loans shall be made as Base Rate Loans unless, outside of a suspension period pursuant to Section 2.15, the Notice of Borrowing specifies that all or a portion thereof shall be Eurodollar Rate Loans. Each Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000500,000 or must equal the remaining availability under the Maximum Revolving Loan Balance then in effect.

Appears in 1 contract

Samples: Credit Agreement (Medquist Inc)

Notice From the Borrower. Each Borrowing shall be made on notice given by the Borrower to the Administrative Agent not later than 11:00 a.m. on (i) 12:00 p.m. on the first Business Day prior to the date of the proposed BorrowingDay, in the case of a Borrowing of Base Rate Loans and (ii) 12:00 p.m. on the third Business Day prior to the date of the proposed BorrowingDay, in the case of a Borrowing of Eurodollar Rate Loans, prior to the date of the proposed Borrowing; provided, however, that the Borrower may not request any Incremental Term Loan to be a Eurodollar Rate Loan until the earlier of (x) the date that is ten (10) days after the Incremental Term Loan Funding Date and (y) the date of completion of the “Primary Syndication” of the Incremental Term Loan (as determined by GE Capital). Each such notice may be made in a writing substantially in the form of Exhibit 2.2(a) C (a “Notice of Borrowing”) duly completed or by telephone if confirmed promptly, but in any event within one Business Day and prior to such Borrowing, with such a Notice of Borrowing. Loans shall be made as Base Rate Loans unless, outside of a suspension period pursuant to Section 2.15, the Notice of Borrowing specifies that all or a portion thereof shall be Eurodollar Rate Loans. Each Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000.

Appears in 1 contract

Samples: First Lien Credit Agreement (Inverness Medical Innovations Inc)

Notice From the Borrower. Each Borrowing shall be made on notice given by the Borrower to the Administrative Agent not later than 12:00 p.m. on (i) 12:00 p.m. on the same Business Day prior to as the date of the proposed Borrowing, in the case of a Borrowing of Base Rate Loans Loans, and (ii) 12:00 p.m. on the third second Business Day prior to the date of the proposed Borrowing, in the case of a Borrowing of Eurodollar Rate Loans. Each such notice may be made in a writing substantially in the form of Exhibit 2.2(a) C (a “Notice of Borrowing”) duly completed or by telephone if confirmed promptly, but in any event within one Business Day and prior to such Borrowing, with such a Notice of Borrowing. In the event of any discrepancy between a telephonic notice and the related Notice of Borrowing, the terms of the telephonic notice shall control. Loans shall be made as Base Rate Loans unless, outside of a suspension period pursuant to Section 2.15, the Notice of Borrowing specifies that all or a portion thereof shall be Eurodollar Rate Loans. Each Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000. Each Borrowing consisting of Base Rate Loans shall be in a minimum aggregate amount of $5,000,000.

Appears in 1 contract

Samples: Credit Agreement (Assisted Living Concepts Inc)

Notice From the Borrower. Each Borrowing shall be made on notice given by the Borrower to the Administrative Agent not later than 1:00 p.m. (New York time) on (i) 12:00 p.m. on the first Business Day prior to the date of the proposed BorrowingDay, in the case of a Borrowing of Base Rate Loans and (ii) 12:00 p.m. on the third Business Day prior to the date of the proposed BorrowingDay, in the case of a Borrowing of Eurodollar Rate Loans, prior to the date of the proposed Borrowing. Each such notice may be made in a writing substantially in the form of Exhibit 2.2(a) C (a "Notice of Borrowing") duly completed or by telephone if confirmed promptly, but in any event within one Business Day and prior to such Borrowing, with such a Notice of Borrowing. Loans shall be made as Base Rate Loans unless, outside of a suspension period pursuant to Section 2.15, the Notice of Borrowing specifies that all or a portion thereof shall be Eurodollar Rate Loans. Each Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000.

Appears in 1 contract

Samples: Credit Agreement (Dayton Superior Corp)

Notice From the Borrower. Each Borrowing shall be made on notice given by the Borrower to the Applicable Administrative Agent not later than (i) 12:00 p.m. 10:00 a.m. on the Business Day prior to the date of the proposed Borrowingof, in the case of a Borrowing of Base Rate Loans Loans, and (ii) 12:00 p.m. 11:00 a.m. on the third Business Day prior to the date of the proposed Borrowingof, in the case of a Borrowing of Eurodollar Rate Loans, the proposed Borrowing. Each such notice may be made in a writing substantially in the form of Exhibit 2.2(a) C (a “Notice of Borrowing”) duly completed or by telephone if confirmed promptly, but in any event within one Business Day and prior to such Borrowing, with such a Notice of Borrowing. Loans shall be made as Base Rate Loans unless, outside of a suspension period pursuant to Section 2.15, the Notice of Borrowing specifies that all or a portion thereof shall be Eurodollar Rate Loans. The Notice of Borrowing shall specify whether the loans being incurred pursuant to such Borrowing shall constitute Initial Term Loans or Revolving Loans. Each Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000.

Appears in 1 contract

Samples: Credit Agreement (Alere Inc.)

Notice From the Borrower. Each Borrowing shall be made on notice given by the Borrower to the Administrative Agent not later than 11:00 a.m. on (i) 12:00 p.m. on the first Business Day prior to the date of the proposed BorrowingDay, in the case of a Borrowing of Base Rate Loans and (ii) 12:00 p.m. on the third Business Day prior to the date of the proposed BorrowingDay, in the case of a Borrowing of Eurodollar Rate Loans, prior to the date of the proposed Borrowing. Each such notice may be made in a writing substantially in the form of Exhibit 2.2(a) C (a “Notice of Borrowing”) duly completed or by telephone if confirmed promptly, but in any event within one Business Day and prior to such Borrowing, with such a Notice of Borrowing. Loans shall be made as Base Rate Loans unless, outside of a suspension period pursuant to Section 2.15, the Notice of Borrowing specifies that all or a portion thereof shall be Eurodollar Rate Loans. The Notice of Borrowing shall specify whether the loans being incurred pursuant to such Borrowing shall constitute Initial Term Loans, Delayed-Draw Term Loans or Revolving Loans. Each Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000.

Appears in 1 contract

Samples: Credit Agreement (Alere Inc.)

Notice From the Borrower. Each Borrowing shall be made on notice given by the Borrower to the Administrative Agent not later than 11:00 a.m. on (i) 12:00 p.m. on the first Business Day prior to the date of the proposed BorrowingDay, in the case of a Borrowing of Base Rate Loans and (ii) 12:00 p.m. on the third Business Day prior to the date of the proposed BorrowingDay, in the case of a Borrowing of Eurodollar Rate Loans, prior to the date of the proposed Borrowing. Each such notice may be made in a writing substantially in the form of Exhibit 2.2(a) C (a “Notice of Borrowing”) duly completed or by telephone if confirmed promptly, but in any event within one Business Day and prior to such Borrowing, with such a Notice of Borrowing. Loans shall be made as Base Rate Loans unless, outside of a suspension period pursuant to Section 2.15, the Notice of Borrowing specifies that all or a portion thereof shall be Eurodollar Rate Loans. Each Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,0001,000,000 (except, with respect to any Incremental Term Borrowing, to the extent otherwise provided in the related Incremental Term Loan Assumption Agreement).

Appears in 1 contract

Samples: Credit Agreement (PGT, Inc.)

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