Common use of Notice of Borrowing Clause in Contracts

Notice of Borrowing. Whenever a Borrower desires to incur Loans hereunder, such Borrower shall give the Facility Agent at the Notice Office (with a copy to the Administrative Agent) at least (x) four Business Days’ prior notice of each Australian Dollar Loan to be incurred hereunder, (y) three Business Days’ prior notice of each U.S. Dollar Loan and Euro Loan to be incurred hereunder and (z) one Business Day’s prior written notice of each Sterling Loan to be incurred hereunder; provided that any such notice shall be deemed to have been given on a certain day only if given before (x) 9:30 A.M. (London time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such notice (each, a “Notice of Borrowing”), except as otherwise expressly provided in Section 2.10, shall be irrevocable and shall be in writing, in the form of Exhibit A-1, appropriately completed to specify: (i) the aggregate principal amount of the Loans to be incurred pursuant to such Borrowing (stated in the Available Currency), (ii) the date of such Borrowing (which shall be a Business Day) and (iii) the initial Interest Period to be applicable thereto. The Facility Agent shall promptly give each Lender notice of such proposed Borrowing (with a copy to the Administrative Agent), of such Lender’s proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 2 contracts

Samples: Facility Agreement (Toys R Us Inc), Syndicated Facility Agreement (Toys R Us Inc)

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Notice of Borrowing. (a) Whenever a the Borrower desires to incur Revolving Loans hereunderhereunder (excluding Borrowings of Swingline Loans and Revolving Loans incurred pursuant to Mandatory Borrowings), such an Authorized Representative of the Borrower shall give the Facility Administrative Agent at the Notice Office prior written notice (with a copy to or telephonic notice promptly confirmed in writing) not later than 10:00 A.M. (New York time) on the Administrative Agent) at least (x) four Business Days’ prior notice date of each Australian Dollar Base Rate Loan to be incurred hereunder, (y) three Business Days’ prior notice of each U.S. Dollar Loan and Euro Loan to be incurred hereunder and (z) one Business Day’s prior written notice of each Sterling Loan to be incurred hereunder; provided that any such notice shall be deemed to have been given on a certain day only if given before (x) 9:30 not later than 11:00 A.M. (London New York time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loansthird Business Day prior to each Eurodollar Loan incurred hereunder. Each such written notice or written confirmation of telephonic notice (each, each a "Notice of Borrowing"), except as otherwise expressly provided in Section 2.101.10, shall be irrevocable and shall be in writing, given by an Authorized Representative of the Borrower in the form of Exhibit A-1, appropriately completed to specify: (i) the aggregate principal amount of the Revolving Loans to be incurred pursuant to such Borrowing (stated in the Available Currency)Borrowing, (ii) the date of such Borrowing (which shall be a Business Day) and (iii) whether the Revolving Loans being incurred pursuant to such Borrowing are to be initially maintained as Base Rate Loans or, to the extent permitted hereunder, Eurodollar Loans and, if Eurodollar Loans, the initial Interest Period to be applicable thereto. The Facility Administrative Agent shall promptly give each Lender notice of such proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such the Lender’s 's proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (Flowers Foods Inc), Credit Agreement (Flowers Foods Inc)

Notice of Borrowing. Whenever a (a) When the Borrower desires to incur the Loans hereunder, such the Borrower shall give the Facility Administrative Agent at the Notice Office (with a copy to the Administrative Agenti) at least (x) four Business Days’ prior notice of each Australian Dollar Loan to be incurred hereunder, (y) three Business Days’ prior notice of each U.S. Dollar Loan and Euro Loan to be incurred hereunder and (z) one Business Day’s prior written notice thereof in the case of each Sterling Loan to be incurred hereunderLIBOR Loans and (ii) at least one Business Day’s prior notice thereof in the case of Base Rate Loans; provided that (in each case) any such notice shall be deemed to have been given on a certain day only if given before 1:00 P.M. (x) 9:30 A.M. (London New York City time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such Such notice (each, a the “Notice of Borrowing”), except as otherwise expressly provided in Section 2.10, shall be irrevocable and shall be in writing, or by telephone promptly confirmed in writing, in the form of Exhibit A-1, appropriately completed to specify: (iA) the aggregate principal amount of the Loans to be incurred pursuant to such Borrowing (stated in the Available Currency)Borrowing, (iiB) the date of such Borrowing (which shall be a Business Day) and (iiiC) whether the Loans being incurred pursuant to such Borrowing are to be initially maintained as Base Rate Loans or, to the extent permitted hereunder, LIBOR Loans and, if LIBOR Loans, the initial Interest Period to be applicable thereto. The Facility Administrative Agent shall promptly give each Lender notice of such proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 2 contracts

Samples: Intercreditor Agreement (AdvancePierre Foods Holdings, Inc.), Term Loan Credit Agreement (AdvancePierre Foods Holdings, Inc.)

Notice of Borrowing. (a) Whenever a the Borrower desires to incur (x) LIBOR Loans hereunder, such the Borrower shall give the Facility Administrative Agent at the Notice Office (with a copy to the Administrative Agent) at least three (x3) four Business Days’ prior notice of each Australian Dollar Loan to be incurred hereunder, (y) three Business Days’ prior notice of each U.S. Dollar Loan and Euro LIBOR Loan to be incurred hereunder or (y) Base Rate Loans hereunder (excluding Swingline Loans and Revolving Loans made pursuant to a Mandatory Borrowing), the Borrower shall give the Administrative Agent at the Notice Office at least one (z1) one Business Day’s prior written notice of each Sterling Base Rate Loan to be incurred hereunder; provided that (in each case) any such notice shall be deemed to have been given on a certain day only if given before (x) 9:30 A.M. (London time) 12:00 noon on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such notice (each, a “Notice of Borrowing”), except as otherwise expressly provided in Section 2.10, shall be irrevocable and shall be in writing, or by telephone promptly confirmed in writing, substantially in the form of Exhibit A-1, appropriately completed to specify: (i) the aggregate principal amount of the Loans to be incurred pursuant to such Borrowing (stated in the Available Currency)Borrowing, (ii) the date of such Borrowing (which shall be a Business Day) and (iii) whether the Loans being incurred pursuant to such Borrowing are to be initially maintained as Base Rate Loans or, to the extent permitted hereunder, LIBOR Loans and, if LIBOR Loans, the initial Interest Period to be applicable thereto. The Facility Administrative Agent shall promptly give each Lender which is required to make Loans of the Class specified in the respective Notice of Borrowing, notice of such proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (PPL Energy Supply LLC), Credit Agreement (Talen Energy Holdings, Inc.)

Notice of Borrowing. (a) Whenever a the Borrower desires to incur Loans hereunderunder any Facility (excluding Borrowings of Swingline Loans and Mandatory Borrowings), such Borrower it shall give the Facility Administrative Agent at the its Notice Office Office, prior to 3:00 P.M. (with a copy to the Administrative Agent) New York time), at least (x) four Business Days’ prior notice of each Australian Dollar Loan to be incurred hereunder, (y) three Business Days' prior written notice (or telephonic notice promptly confirmed in writing) of each U.S. Dollar Loan Borrowing of Eurodollar Loans and Euro Loan to be incurred hereunder and (z) at least one Business Day’s 's prior written notice (or telephonic notice promptly confirmed in writing) of each Sterling Loan Borrowing of Base Rate Loans to be incurred made hereunder; provided that any . Each such notice shall (each a "Notice of Borrowing") shall, except as provided in Section 1.10, be deemed to have been given on a certain day only if given before (x) 9:30 A.M. (London time) on such dayirrevocable, and, in the case of Sterling Loans each written notice and (y) 9:30 A.M. (London time) on such day, in the case each confirmation of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such notice (each, a “Notice of Borrowing”), except as otherwise expressly provided in Section 2.10telephonic notice, shall be irrevocable and shall be in writing, in the form of Exhibit A-1, appropriately completed to specify: specify (i) the Facility pursuant to which such Borrowing is to be made, (ii) the aggregate principal amount of the Loans to be incurred made pursuant to such Borrowing (stated in the Available Currency)Borrowing, (iiiii) the date of such Borrowing (which shall be a Business Day) and (iiiiv) whether the initial respective Borrowing shall consist of Base Rate Loans or, to the extent permitted hereunder, Eurodollar Loans and, if Eurodollar Loans, the Interest Period to be initially applicable thereto. The Facility Administrative Agent shall promptly give each Lender Bank written notice (or telephonic notice promptly confirmed in writing) of such each proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s Bank's proportionate share thereof thereof, if any, and of the other matters required covered by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (Carcomp Services Inc), Credit Agreement (Safelite Glass Corp)

Notice of Borrowing. (a) Whenever a the Borrower desires to incur Loans hereunder, such an Authorized Representative of the Borrower shall give the Facility Administrative Agent at the Notice Office (with a copy to the Administrative Agent) at least (x) four Business Days’ prior written notice (or telephonic notice promptly confirmed in writing) of each Australian Dollar Loan to be incurred hereunder, provided that, (yin each case) three Business Days’ prior notice of each U.S. Dollar Loan and Euro Loan to be incurred hereunder and (z) one Business Day’s prior written notice of each Sterling Loan to be incurred hereunder; provided that any such notice shall be deemed to have been given on a certain day only if given before 11:00 a.m. (x) 9:30 A.M. (London New York time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such written notice or written confirmation of telephonic notice (each, a “Notice of Borrowing”), except as otherwise expressly provided in Section 2.101.09, shall be irrevocable and shall be given in writing, writing by the Borrower in the form of Exhibit A-1A, appropriately completed to specify: specify (i) the aggregate principal amount of the Loans to be incurred pursuant to such Borrowing (stated in the Available Currency)Borrowing, (ii) the date of such Borrowing (which shall be a Business Day) and ), (iii) the initial Interest Period to be applicable theretoto such Borrowing and (iv) to which account the proceeds of such Loans are to be deposited. The Facility Administrative Agent shall promptly give each Lender which is required to make Loans notice of such proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (Atwood Oceanics Inc), Credit Agreement (Atwood Oceanics Inc)

Notice of Borrowing. (a) Whenever a the Borrower desires to incur Loans hereunder, such an Authorized Representative of the Borrower shall give the Facility Administrative Agent at the Notice Office (with a copy to the Administrative Agent) at least (x) four three Business Days’ prior written notice (or telephonic notice promptly confirmed in writing) of each Australian Dollar Loan to be incurred hereunder, (y) three Business Days’ prior notice of each U.S. Dollar Loan and Euro Loan to be incurred hereunder and (z) one Business Day’s prior written notice of each Sterling Loan to be incurred hereunder; provided that (in each case) any such notice shall be deemed to have been given on a certain day only if given before 11:00 a.m. (x) 9:30 A.M. (London New York time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such written notice or written confirmation of telephonic notice (each, a “Notice of Borrowing”), except as otherwise expressly provided in Section 2.102.09, shall be irrevocable and shall be given in writing, writing by the Borrower in the form of Exhibit A-1A, appropriately completed to specify: specify (i) the aggregate principal amount of the Loans to be incurred pursuant to such Borrowing (stated in the Available Currency)Borrowing, (ii) the date of such Borrowing (which shall be a Business Day) and ), (iii) the initial Interest Period to be applicable theretoto such Borrowing and (iv) to which account the proceeds of such Loans are to be deposited. The Facility Administrative Agent shall promptly give each Lender notice of such proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (Atwood Oceanics Inc), Credit Agreement (Atwood Oceanics Inc)

Notice of Borrowing. (a) Whenever a the Borrower desires to incur Loans make a Borrowing hereunder, such Borrower it shall give the Facility Administrative Agent at the its Notice Office Office, prior to 10:00 a.m. (with a copy to the Administrative AgentNew York time) at least one Business Day's prior written notice (xor telephonic notice promptly confirmed in writing) four Business Days’ prior notice of each Australian Dollar Loan to be incurred hereunder, (y) Borrowing of Base Rate Loans and at least three Business Days’ prior notice of each U.S. Dollar Loan and Euro Loan to be incurred hereunder and (z) one Business Day’s ' prior written notice (or telephonic notice promptly confirmed in writing) of each Sterling Loan to be incurred hereunder; provided that any such notice shall be deemed to have been given on a certain day only if given before (x) 9:30 A.M. (London time) on such day, in the case Borrowing of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Eurodollar Loans. Each such notice (each, a "Notice of Borrowing"), except as otherwise expressly provided in Section 2.101.10, shall be irrevocable and shall be in writing, given by the Borrower in the form of Exhibit A-1, appropriately completed to specify: specify (i) the aggregate principal amount of the Loans to be incurred made pursuant to such Borrowing (stated in the Available Currency)Borrowing, (ii) the date of such Borrowing (which shall be a Business Day) and ), (iii) whether the Loans being made pursuant to such Borrowing shall constitute A Term Loans, B Term Loans, C Term Loans, A Revolving Loans, B Revolving Loans or Acquisition Loans and (iv) whether the Loans being made pursuant to such Borrowing are to be initially maintained as Base Rate Loans or Eurodollar Loans and, if Eurodollar Loans, the initial Interest Period to be applicable thereto. Any notice received after 10:00 a.m. (New York time) shall be deemed to be received on the next succeeding Business Day. The Facility Administrative Agent shall promptly give each Lender Bank which is required to make Loans of the Tranche specified in the respective Notice of Borrowing notice of such proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s Bank's proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (Hq Global Holdings Inc), Credit Agreement (Frontline Capital Group)

Notice of Borrowing. Whenever a (a) When the Borrower desires to incur Term Loans hereunder, such the Borrower shall give the Facility Administrative Agent at the Notice Office (with a copy to the Administrative Agenti) at least (x) four Business Days’ prior notice of each Australian Dollar Loan to be incurred hereunder, (y) three Business Days’ prior notice thereof in the case of each U.S. Dollar Loan and Euro Loan to be incurred hereunder LIBOR Loans and (zii) at least one Business Day’s prior written notice thereof in the case of each Sterling Loan to be incurred hereunderBase Rate Loans; provided that (in each case) any such notice shall be deemed to have been given on a certain day only if given before 2:30 P.M. (x) 9:30 A.M. (London New York City time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such Such notice (each, a the “Notice of Borrowing”), except as otherwise expressly provided in Section 2.10, shall be irrevocable and shall be in writing, or by telephone promptly confirmed in writing, in the form of Exhibit A-1, appropriately completed to specify: (iA) the aggregate principal amount of the Term Loans (and specifying the Class thereof) to be incurred pursuant to such Borrowing (stated in the Available Currency)Borrowing, (iiB) the date of such Borrowing (which shall be a Business Day) and (iiiC) whether the Term Loans being incurred pursuant to such Borrowing are to be initially maintained as Base Rate Loans or, to the extent permitted hereunder, LIBOR Loans and, if LIBOR Loans, the initial Interest Period to be applicable thereto. The Facility Administrative Agent shall promptly give each Lender notice of such proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 2 contracts

Samples: Security Agreement, Security Agreement (Jill Intermediate LLC)

Notice of Borrowing. (a) Whenever a the Borrower desires to incur (x) Eurodollar Loans hereunder, such the Borrower shall give the Facility Administrative Agent at the Notice Office (with a copy to the Administrative Agent) at least (x) four Business Days’ prior notice of each Australian Dollar Loan to be incurred hereunder, (y) three Business Days’ prior notice of each U.S. Dollar Loan and Euro Eurodollar Loan to be incurred hereunder and (zy) Base Rate Loans hereunder, the Borrower shall give the Administrative Agent at the Notice Office at least one Business Day’s prior written notice of each Sterling Base Rate Loan to be incurred hereunder; provided provided, that (in each case) any such notice shall be deemed to have been given on a certain day only if given before (x) 9:30 11:00 A.M. (London New York time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such notice (each, each a “Notice of Borrowing”), except as otherwise expressly provided in Section 2.101.10, shall be irrevocable and shall be in writing, or by telephone promptly confirmed in writing, in the form of Exhibit A-1, appropriately completed to specify: (i) the aggregate principal amount of the Loans to be incurred pursuant to such Borrowing (stated in the Available Currency)Borrowing, (ii) the date of such Borrowing (which shall be a Business Day) ), and (iii) whether the Loans being incurred pursuant to such Borrowing are to be initially maintained as Base Rate Loans or, to the extent permitted hereunder, Eurodollar Loans and, if Eurodollar Loans, the initial Interest Period to be applicable thereto. The Facility Administrative Agent shall promptly give each Lender notice of such proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 2 contracts

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

Notice of Borrowing. (a) Whenever a the Borrower desires to incur Loans hereunderhereunder (excluding Swingline Loans and Revolving Loans incurred pursuant to a Mandatory Borrowing), such the Borrower shall give the Facility Administrative Agent at the its Notice Office (with a copy to the Administrative Agent) at least (x) four one Business Days’ Day's prior notice of each Australian Dollar Base Rate Loan and at least three Business Days' prior notice of each Eurodollar Loan to be incurred hereunder, (y) three Business Days’ prior notice of each U.S. Dollar Loan and Euro Loan to be incurred hereunder and (z) one Business Day’s prior written notice of each Sterling Loan to be incurred hereunder; provided that any such notice shall be deemed to have been given on a certain day only if given before 1:00 P.M. (x) 9:30 A.M. (London New York time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such notice (each, each a "Notice of Borrowing"), except as otherwise expressly provided in Section 2.101.10, shall be irrevocable and shall be given by the Borrower in writing, or by telephone promptly confirmed in writing, in the form of Exhibit A-1A, appropriately completed to specify: (i) specify the aggregate principal amount of the Loans to be incurred pursuant to such Borrowing (stated in the Available Currency)Borrowing, (ii) the date of such Borrowing (which shall be a Business Day) ), whether the Loans being incurred pursuant to such Borrowing shall constitute Tranche A Term Loans, Tranche B Term Loans or Revolving Loans and (iii) whether the Loans being incurred pursuant to such Borrowing are to be initially maintained as Base Rate Loans or Eurodollar Loans and, if Eurodollar Loans, the initial Interest Period to be applicable thereto. The Facility Administrative Agent shall promptly give each Lender Bank which is required to make Loans of the Tranche specified in the respective Notice of Borrowing, notice of such proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s Bank's proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 2 contracts

Samples: Pledge Agreement (Doubletree Corp), Credit Agreement (Doubletree Corp)

Notice of Borrowing. (a) Whenever a the Borrower desires to incur Initial Loans hereunder, such the Borrower shall give the Facility Administrative Agent at the Notice Office (with a copy to the Administrative Agent) at least (x) four three Business Days’ (or, in the case of the Initial Borrowing Date, same Business Day’s) prior notice of each Australian Dollar Initial Loan to be incurred hereunder, (y) three Business Days’ prior notice of each U.S. Dollar Loan and Euro Loan to be incurred hereunder and (z) one Business Day’s prior written notice of each Sterling Loan to be incurred hereunder; provided that any such notice shall be deemed to have been given on a certain day only if given before (x) 9:30 11:00 A.M. (London New York City time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such notice (each, a “Notice of Borrowing”), except as otherwise expressly provided in Section 2.10, shall be irrevocable and shall be in writing, or by telephone promptly confirmed in writing, in the form of Exhibit A-1A or another form acceptable to the Administrative Agent, appropriately completed to specify: (i) the aggregate principal amount of the Initial Loans to be incurred pursuant to such Borrowing (stated in the Available Currency)Borrowing, (ii) the date of such Borrowing (which shall be a Business Day) ), and (iii) in the initial Interest Period case of a Borrowing of Initial Loans prior to be applicable theretothe Merger Closing Date, detailed calculations of the Blocked Amount (with a breakdown to show the B-1 Blocked Amount, the B-2 Blocked Amount and the Term Loan Blocked Amount). The Facility Administrative Agent shall promptly give each Lender notice of such proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 2 contracts

Samples: Agreement Acknowledging Bridge Loan Agreement (CF Industries Holdings, Inc.), Bridge Loan Agreement (CF Industries Holdings, Inc.)

Notice of Borrowing. Whenever a Borrower desires to incur (a) In connection with its incurrence of Loans hereunderon any Business Day, such including the Initial Borrowing Date, the Borrower shall give the Facility Administrative Agent at the its Notice Office Office, prior to 11:00 A.M. (with a copy to the Administrative Agent) New York time), at least (x) four Business Days’ prior notice of each Australian Dollar Loan to be incurred hereunder, (y) three Business Days' prior written notice (or telephonic notice promptly confirmed in writing) of each U.S. Dollar Eurodollar Loan and Euro Loan to be incurred hereunder and (z) or at least one Business Day’s 's prior written notice (or telephonic notice promptly confirmed in writing) of each Sterling Loan to be incurred hereunder; provided that any such notice shall be deemed to have been given on a certain day only if given before (x) 9:30 A.M. (London time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro LoansBase Rate Loan. Each such Such notice (each, a “the "Notice of Borrowing"), except as otherwise expressly provided in Section 2.101.10, shall be irrevocable irrevocable, and, in the case of a written notice and a confirmation of telephonic notice, shall be in writing, in the form of Exhibit A-1A hereto, appropriately completed to specify: specify (i) the aggregate principal amount of the Loans to be incurred made pursuant to such Borrowing (stated in the Available Currency)Borrowing, (ii) the date of such Borrowing (which shall be a Business Day) and (iii) whether the initial respective Borrowings shall consist of Base Rate Loans or Eurodollar Loans and, if Eurodollar Loans, the Interest Period to be initially applicable thereto. The Facility Administrative Agent shall promptly give each Lender Bank written notice (or telephonic notice promptly confirmed in writing) of such each proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s Bank's proportionate share thereof and of the other matters required covered by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (Amerus Life Holdings Inc), Credit Agreement (Amerus Group Co/Ia)

Notice of Borrowing. (a) Whenever a the Borrower desires to ------------------- incur Loans hereunderunder any Facility (excluding Borrowings of Swingline Loans and Mandatory Borrowings), such Borrower it shall give the Facility Agent at the its Notice Office Office, prior to 11:00 A.M. (with a copy to the Administrative Agent) New York time), at least (x) four Business Days’ prior notice of each Australian Dollar Loan to be incurred hereunder, (y) three Business Days' prior written notice (or telephonic notice promptly confirmed in writing) of each U.S. Dollar Loan Borrowing of Eurodollar Loans and Euro Loan to be incurred hereunder and (z) at least one Business Day’s 's prior written notice (or telephonic notice promptly confirmed in writing) of each Sterling Loan Borrowing of Base Rate Loans to be incurred made hereunder; provided that any such notice shall be deemed to have been given on a certain day only if given before (x) 9:30 A.M. (London time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such notice (each, a "Notice of Borrowing”)") shall, except as otherwise expressly provided in Section 2.101.10, be irrevocable, and, in the case of each written notice and each confirmation of telephonic notice, shall be irrevocable and shall be in writing, in the form of Exhibit A-1, appropriately completed to specify: specify (i) the Facility pursuant to which such Borrowing is to be made, (ii) the aggregate principal amount of the Loans to be incurred made pursuant to such Borrowing (stated in the Available Currency)Borrowing, (iiiii) the date of such Borrowing (which shall be a Business Day) and (iiiiv) whether the initial respective Borrowing shall consist of Base Rate Loans or, to the extent permitted hereunder, Eurodollar Loans and, if Eurodollar Loans, the Interest Period to be initially applicable thereto. The Facility Agent shall promptly give each Lender Bank written notice (or telephonic notice promptly confirmed in writing) of such each proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s Bank's proportionate share thereof thereof, if any, and of the other matters required covered by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (Wesley Jessen Visioncare Inc), Credit Agreement (Cambridge Industries Inc /De)

Notice of Borrowing. (a) Whenever a the Borrower desires to incur Loans make a Borrowing hereunder, such Borrower it shall give the Facility Agent at the its Notice Office Office, prior to 10:00 a.m. (with a copy to the Administrative AgentNew York time) at least one Business Day's prior written notice (xor telephonic notice promptly confirmed in writing) four Business Days’ prior notice of each Australian Dollar Loan to be incurred hereunder, (y) Borrowing of Base Rate Loans and at least three Business Days’ prior notice of each U.S. Dollar Loan and Euro Loan to be incurred hereunder and (z) one Business Day’s ' prior written notice (or telephonic notice promptly confirmed in writing) of each Sterling Loan to be incurred hereunder; provided that any such notice shall be deemed to have been given on a certain day only if given before (x) 9:30 A.M. (London time) on such day, in the case Borrowing of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Eurodollar Loans. Each such notice (each, each a "Notice of Borrowing"), except as otherwise expressly provided in Section 2.101.10, shall be irrevocable and shall be in writing, given by the Borrower in the form of Exhibit A-1, appropriately completed to specify: specify (i) the aggregate principal amount of the Loans to be incurred made pursuant to such Borrowing (stated in the Available Currency)Borrowing, (ii) the date of such Borrowing (which shall be a Business Day) and ), (iii) whether the Loans being made pursuant to such Borrowing shall constitute A Term Loans, B Term Loans, Revolving Loans or Acquisition Loans and (iv) whether the Loans being made pursuant to such Borrowing are to be initially maintained as Base Rate Loans or Eurodollar Loans and, if Eurodollar Loans, the initial Interest Period to be applicable thereto. Any notice received after 10:00 a.m. (New York time) shall be deemed to be received on the next succeeding Business Day. The Facility Agent shall promptly give each Lender Bank which is required to make Loans of the Tranche specified in the respective Notice of Borrowing notice of such proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s Bank's proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 2 contracts

Samples: And Assumption Agreement (Vantas Inc), Credit Agreement (Reckson Services Industries Inc)

Notice of Borrowing. (a) Whenever a the Borrower desires to ------------------- incur Loans hereunderunder any Facility, such Borrower it shall give the Facility Administrative Agent at the its Notice Office (with a copy to the Administrative Agent) at least Office, (x) four Business Days’ prior notice of each Australian Dollar Loan to be incurred hereunder12:00 Noon (New York time), (y) at least three Business Days’ prior notice of each U.S. Dollar Loan and Euro Loan to be incurred hereunder and (z) one Business Day’s ' prior written notice (or telephonic notice promptly confirmed in writing) of each Sterling Loan to be incurred hereunder; provided that any such notice shall be deemed to have been given on a certain day only if given before (x) 9:30 A.M. (London time) on such day, in the case proposed incurrence of Sterling Eurodollar Loans and (y) 9:30 prior to 11:00 A.M. (London New York time) on such daythe proposed date thereof, written notice (or telephonic notice promptly confirmed in the case writing) of Australian Dollar Loans, U.S. Dollar each proposed incurrence of Base Rate Loans and Euro Fixed Rate Loans. Each such notice (each, a "Notice of Borrowing”), except as otherwise expressly provided ") shall be in Section 2.10, the form of Exhibit A and shall be irrevocable and shall be in writing, in the form of Exhibit A-1, appropriately completed to specify: specify (i) the Facility pursuant to which such incurrence is being made, (ii) the aggregate principal amount of the Loans to be incurred made pursuant to such Borrowing (stated in the Available Currency)incurrence, (iiiii) the date of such Borrowing incurrence (which shall be a Business Day) and (iiiiv) whether the initial respective Borrowing shall consist of Base Rate Loans, Eurodollar Loans or Fixed Rate Loans and, if Eurodollar Loans, the Interest Period to be initially applicable thereto. The Facility Administrative Agent shall promptly give each Lender written notice (or telephonic notice promptly confirmed in writing) of such each proposed Borrowing (with a copy to the Administrative Agent), incurrence of Loans of such Lender’s 's proportionate share thereof and of the other matters required covered by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (MJD Communications Inc), Assignment Agreement (MJD Communications Inc)

Notice of Borrowing. (a) Whenever a Borrower desires the Borrowers desire to incur Loans hereunderunder any Tranche (excluding Borrowings of Swingline Loans and Revolving Loans incurred pursuant to Mandatory Borrowings), such Borrower an Authorized Representative of the Borrowers shall give the Facility Administrative Agent at the its Notice Office (with a copy to the Administrative Agent) at least one Business Day's prior written (xor telephonic notice promptly confirmed in writing) four Business Days’ prior notice of each Australian Dollar Base Rate Loan and at least three Business Days' prior written (or telephonic notice promptly confirmed in writing) notice of each Eurodollar Loan to be incurred made hereunder, (y) three Business Days’ prior notice of each U.S. Dollar Loan and Euro Loan to be incurred hereunder and (z) one Business Day’s prior written notice of each Sterling Loan to be incurred hereunder; provided that any such notice shall be deemed to have been given on a certain day only if given before (x) 9:30 11:00 A.M. (London New York time) (or before 12:00 Noon (New York time) in the case of a Borrowing of Base Rate Loans) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such written notice or written confirmation of telephonic notice (each, each a "Notice of Borrowing"), except as otherwise expressly provided in Section 2.101.10, shall be irrevocable and shall be in writing, given by the Borrowers in the form of Exhibit A-1A, appropriately completed to specify: (i) specify the aggregate principal amount of the Loans to be incurred made pursuant to such Borrowing (stated in the Available Currency)Borrowing, (ii) the date of such Borrowing (which shall be a Business Day) and (iii) whether the Loans being made pursuant to such Borrowing are to be initially maintained as Base Rate Loans or Eurodollar Loans and, if Eurodollar Loans, the initial Interest Period to be applicable thereto. The Facility Administrative Agent shall promptly give each Lender Bank notice of such proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s Bank's proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (Furniture Brands International Inc), Credit Agreement (Furniture Brands International Inc)

Notice of Borrowing. Whenever Revolving Credit Advances comprising a Borrowing shall be made upon notice (a "Notice of Borrowing") given by the Borrower desires to incur Loans hereunder, such Borrower shall give the Facility Agent at the Notice Office (with a copy to the Administrative AgentAgent (i) at least not later than 12:00 noon (x) four Business Days’ prior notice of each Australian Dollar Loan to be incurred hereunderCleveland, (y) three Business Days’ prior notice of each U.S. Dollar Loan and Euro Loan to be incurred hereunder and (z) one Business Day’s prior written notice of each Sterling Loan to be incurred hereunder; provided that any such notice shall be deemed to have been given on a certain day only if given before (x) 9:30 A.M. (London Ohio time) on such day, in the case Business Day which is the requested date of Sterling a proposed Borrowing comprised of Prime Rate Loans and (yii) 9:30 A.M. not later than 12:00 noon (London Cleveland, Ohio time) on such day, in three (3) Business Days prior to the case requested date of Australian Dollar Loans, U.S. Dollar Loans and Euro a proposed Borrowing comprised of LIBOR Rate Loans. Each such notice (each, a “Notice of Borrowing”), except as otherwise expressly provided in Section 2.10, Borrowing for a Borrowing comprised of LIBOR Rate Loans shall be irrevocable and shall be in writing, substantially in the form of Exhibit A-1, appropriately completed to specify: B hereto and shall specify therein (iA) the requested date of the Borrowing, (B) that such Borrowing is to be comprised of LIBOR Rate Loans, (C) with respect to a Revolving Credit Borrowing, the name of the bank and the account number to which such funds are to be disbursed, (D) aggregate principal amount of the Loans to be incurred pursuant to such Revolving Credit Advances comprising such Borrowing (stated in the Available Currency), (ii) the date of such Borrowing (which shall be a Business Day) and (iiiE) the initial Interest Period to for such LIBOR Rate Loans comprising such Borrowing. Each Notice of Borrowing shall be applicable thereto. The Facility Agent shall promptly give each Lender notice of such proposed Borrowing (with a copy irrevocable and binding on the Borrower and subject to the Administrative Agent), indemnification provisions of such Lender’s proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowingthis Article II.

Appears in 2 contracts

Samples: Credit Agreement (Riser Foods Inc /De/), Credit Agreement (Rini Rego Supermarkets Inc)

Notice of Borrowing. (a) Whenever a the Borrower desires to incur Loans hereunderhereunder (excluding Borrowings of Swingline Loans incurred pursuant to a Mandatory Borrowing), such Borrower it shall give the Facility Administrative Agent at the Notice Office (with a copy to the Administrative Agent) at least one Business Day's prior written notice (xor telephonic notice promptly confirmed in writing) four of each Base Rate Loan and at least two Business Days' prior written notice (or telephonic notice promptly confirmed in writing) of each Australian Dollar Eurodollar Loan to be incurred hereunder, (y) three Business Days’ prior notice of each U.S. Dollar Loan and Euro Loan to be incurred hereunder and (z) one Business Day’s prior written notice of each Sterling Loan to be incurred hereunder; provided PROVIDED that any such notice shall be deemed to have been given on a certain day only if given before (x) 9:30 11:00 A.M. (London New York time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such written notice or written confirmation of telephonic notice (each, a "Notice of Borrowing"), except as otherwise expressly provided in Section 2.101.10, shall be irrevocable and shall be in writing, given by the Borrower in the form of Exhibit A-1A, appropriately completed to specify: specify (i) the aggregate principal amount of the Loans to be incurred pursuant to such Borrowing (stated in the Available Currency)Borrowing, (ii) the date of such Borrowing (which shall be a Business Day) and ), (iii) whether such Loans are to be incurred as Base Rate Loans or Eurodollar Loans and (iv) in the case of Eurodollar Loans, the initial Interest Period to be applicable thereto. The Facility Administrative Agent shall promptly give each Lender notice of such proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s 's proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (Alpine Group Inc /De/), Credit Agreement (Alpine Group Inc /De/)

Notice of Borrowing. Whenever a (a) When the Borrower desires to incur Term Loans hereunder, such the Borrower shall give the Facility Administrative Agent at the Notice Office (with a copy to the Administrative Agenti) at least (x) four Business Days’ prior notice of each Australian Dollar Loan to be incurred hereunder, (y) three Business Days’ prior notice thereof in the case of each U.S. Dollar Loan and Euro Loan to be incurred hereunder LIBOR Loans and (zii) at least one Business Day’s prior written notice thereof in the case of Base Rate Loans; provided, that (in each Sterling Loan to be incurred hereunder; provided that case) any such notice shall be deemed to have been given on a certain day only if given before 2:30 P.M. (x) 9:30 A.M. (London New York City time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such Such notice (each, a the “Notice of Borrowing”), except as otherwise expressly provided in Section 2.10, shall be irrevocable and shall be in writing, or by telephone promptly confirmed in writing, in the form of Exhibit A-1, appropriately completed to specify: (iA) the aggregate principal amount of the Term Loans (and specifying the Class thereof) to be incurred pursuant to such Borrowing (stated in the Available Currency)Borrowing, (iiB) the date of such Borrowing (which shall be a Business Day) and (iiiC) whether the Term Loans being incurred pursuant to such Borrowing are to be initially maintained as Base Rate Loans or, to the extent permitted hereunder, LIBOR Loans and, if LIBOR Loans, the initial Interest Period to be applicable thereto. The Facility Administrative Agent shall promptly give each Lender notice of such proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (J.Jill, Inc.)

Notice of Borrowing. Whenever a (a) Except as set forth in Section 1.02, whenever the Borrower desires to incur make a Bor rowing hereunder (excluding Borrowings of Swingline Loans hereunderand Mandatory Borrowings), such Borrower it shall give the Facility Agent at the its Notice Office (with a copy to the Administrative Agent) at least (x) four one Business Days’ Day's prior notice of each Australian Dollar Loan to be incurred made hereunder, (y) three Business Days’ prior notice of each U.S. Dollar Loan and Euro Loan to be incurred hereunder and (z) one Business Day’s prior written notice of each Sterling Loan to be incurred hereunder; provided PROVIDED that any such notice shall be deemed to have been given on a certain day only if given before 12:00 noon (x) 9:30 A.M. (London New York time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such notice (each, each a "Notice of Borrowing”), except as otherwise expressly provided in Section 2.10, ") shall be irrevocable and shall be in writing, given by the Borrower in the form of Exhibit A-1A, appropriately completed to specify: (i) specify the aggregate principal amount of the Loans to be incurred made pursuant to such Borrowing (stated in the Available Currency)Borrowing, (ii) the date of such Borrowing (which shall be a Business Day) and the dates of the most recent December Clean-Down Period and May Clean-Down Period and (iiiii) the initial Interest Period to be applicable theretocertify that there are no Defaults or Events of Default hereunder. The Facility Agent shall promptly give each Lender Bank which is required to make Loans of the Tranche specified in the respective Notice of Borrowing, notice of such proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s Bank's proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Ithaca Industries Inc)

Notice of Borrowing. (a) Whenever a the Borrower desires to incur Loans make a Borrowing hereunder, such Borrower it shall give the Facility Agent at the its Notice Office on the date that a Base Rate Loan is to be made prior written notice (with a copy to the Administrative Agentor telephonic notice promptly confirmed in writing) of each Base Rate Loan and at least (x) four three Business Days' prior written (or telephonic notice promptly confirmed in writing) notice of each Australian Dollar Eurodollar Loan to be incurred made hereunder, (y) three Business Days’ prior notice of each U.S. Dollar Loan and Euro Loan to be incurred hereunder and (z) one Business Day’s prior written notice of each Sterling Loan to be incurred hereunder; provided that any such notice shall be deemed to have been given on a certain day only if given before 12:00 Noon (x) 9:30 A.M. (London New York time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such written notice or written confirmation of telephonic notice (each, each a "Notice of Borrowing"), except as otherwise expressly provided in Section 2.101.10, shall be irrevocable and shall be in writing, given by the Borrower in the form of Exhibit A-1A attached hereto, appropriately completed to specify: (i) specify the aggregate principal amount of the Loans to be incurred made pursuant to such Borrowing (stated in the Available Currency)Borrowing, (ii) the date of such Borrowing (which shall be a Business Day) ), whether the Loans being made pursuant to such Borrowing shall constitute Term Loans or Revolving Loans and (iii) whether the Loans being made pursuant to such Borrowing are to be initially maintained as Base Rate Loans or Eurodollar Loans and, if Eurodollar Loans, the initial Interest Period to be applicable thereto. The Facility Agent shall promptly give each Lender Bank which is required to make Loans of the Tranche specified in the respective Notice of Borrowing, notice of such proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s Bank's proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Atrium Companies Inc)

Notice of Borrowing. (a) Whenever a Borrower the Company desires to incur make a Borrowing hereunder (excluding Borrowings of Swingline Loans hereunder, such Borrower and Mandatory Borrowings) it shall give the Facility Agent at the Notice its Payment Office (with a copy to the Administrative Agent) at least one Business Day's prior written notice (xor telephonic notice promptly confirmed in writing) four Business Days’ prior notice of each Australian Dollar Loan to be incurred hereunder, (y) Borrowing of Base Rate Loans and at least three Business Days’ prior notice of each U.S. Dollar Loan and Euro Loan to be incurred hereunder and (z) one Business Day’s ' prior written notice (or telephonic notice promptly confirmed in writing) of each Sterling Loan Borrowing of Eurodollar Loans to be incurred made hereunder; provided , PROVIDED that any such notice shall be deemed to have been given on a certain day only if given before 12:00 Noon (x) 9:30 A.M. (London New York time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such notice (each, a "Notice of Borrowing"), except as otherwise expressly provided in Section 2.101.10, shall be irrevocable and, in the case of each written notice and each confirmation of telephonic notice, shall be in writing, given by the Company in the form of Exhibit A-1A, appropriately completed to specify: specify (i) the aggregate principal amount of the Loans to be incurred made pursuant to such Borrowing (stated in the Available Currency)Borrowing, (ii) the date of such Borrowing (which shall be a Business Day) and (iii) whether the Loans being made pursuant to such Borrowing are to be initially maintained as Base Rate Loans or Eurodollar Loans and, if Eurodollar Loans, the initial Interest Period to be applicable thereto. The Facility Agent shall promptly give each Lender Bank notice of such proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s Bank's proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (American Italian Pasta Co)

Notice of Borrowing. Whenever a the Borrower desires to incur Loans hereunderLoans, such Borrower it shall give the Facility Agent Lender at the its Notice Office (with a copy to the Administrative Agent) at least (x) four Business Days’ prior notice of each Australian Dollar Loan to be incurred hereunder, (y) three Business Days’ prior notice of each U.S. Dollar Loan and Euro Loan to be incurred hereunder and (z) one Business Day’s prior written notice of each Sterling Loan to be incurred hereunder; provided that any such notice shall be deemed to have been given on a certain day only if given before (x) 9:30 A.M. (London time) on such day, in the case of Sterling any Borrowing of (1) Eurodollar Loans and (y) 9:30 to be made hereunder, prior to 11:00 A.M. (London time) on such daylocal time at its Notice Office), at least three Business Days' prior written or telephonic notice thereof (in the case of Australian Dollar Loanstelephonic notice, U.S. Dollar promptly confirmed in writing if so requested by the Lender), or (2) Prime Rate Loans and Euro Loansto be made hereunder, prior to 11:00 A.M. (local time at its Notice Office), at least one Business Day's prior written or telephonic notice thereof (in the case of telephonic notice, promptly confirmed in writing if so requested by the Lender). Each such notice (eacheach such notice, a “Notice "NOTICE OF BORROWING") shall (if requested by the Lender to be confirmed in writing) be substantially in the form of Borrowing”)Exhibit B-1, except as otherwise expressly provided and in Section 2.10, any event shall be irrevocable and shall be in writing, in the form of Exhibit A-1, appropriately completed to specify: (i) the aggregate principal amount of the Loans to be incurred made pursuant to such Borrowing (stated in the Available Currency), Borrowing; (ii) the date of such the Borrowing (which shall be a Business Day) and ); (iii) whether the initial Borrowing shall consist of Prime Rate Loans or Eurodollar Loans; and (iv) if the requested Borrowing consists of Eurodollar Loans, the Interest Period to be initially applicable thereto. The Facility Agent shall promptly give each Lender notice of such proposed Borrowing (with a copy to the Administrative Agent), of such Lender’s proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Value City Department Stores Inc /Oh)

Notice of Borrowing. (a) Whenever a the Borrower desires to incur make a Borrowing hereunder (excluding Borrowings of Swingline Loans hereunderand Mandatory Borrowings), such Borrower it shall give the Facility Agent at the its Notice Office Office, prior to 12:00 noon (with a copy to the Administrative Agent) New York time), at least (x) four Business Days’ prior notice of each Australian Dollar Loan to be incurred hereunder, (y) three Business Days' prior written notice (or telephonic notice promptly confirmed in writing) of each U.S. Dollar Loan Borrowing of Eurodollar Loans and Euro Loan to be incurred hereunder and (z) at least one Business Day’s 's prior written notice (or telephonic notice promptly confirmed in writing) of each Sterling Loan Borrowing of Base Rate Loans to be incurred made hereunder; provided that any such notice shall be deemed to have been given on a certain day only if given before (x) 9:30 A.M. (London time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such notice (each, a "Notice of Borrowing”)") shall, except as otherwise expressly provided in Section 2.101.10, be irrevocable, and, in the case of each written notice and each confirmation of telephonic notice, shall be irrevocable and shall be in writing, in the form of Exhibit A-1, appropriately completed to specify: (i) the aggregate principal amount of the Loans to be incurred made pursuant to such Borrowing (stated in the Available Currency)Borrowing, (ii) the date of such Borrowing (which shall be a Business Day) and ), (iii) whether the initial respective Borrowing shall consist of Term Loans or Revolving Loans, and (iv) whether the respective Borrowing shall consist of Base Rate Loans or, to the extent permitted hereunder, Eurodollar Loans and, if Eurodollar Loans, the Interest Period to be initially applicable thereto. The Facility Agent shall promptly give each Lender Bank which is required to make the Loans specified in the respective Notice of Borrowing, written notice (or telephonic notice promptly confirmed in writing) of such each proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s Bank's proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Pine Holdings Inc)

Notice of Borrowing. (a) Whenever a Borrower desires to ------------------- incur Loans hereunderunder any Facility, such Borrower it shall give the Facility Administrative Agent at the its Notice Office Office, prior to 12:00 Noon (with a copy to the Administrative Agent) New York time), at least (x) four Business Days’ prior notice of each Australian Dollar Loan to be incurred hereunder, (y) three Business Days' prior written notice (or telephonic notice promptly confirmed in writing) of each U.S. Dollar Loan Borrowing of Eurodollar Loans and Euro Loan to be incurred hereunder and (z) at least one Business Day’s 's prior written notice (or telephonic notice promptly confirmed in writing) of each Sterling Loan Borrowing of Base Rate Loans to be incurred made hereunder; provided that any such notice shall be deemed to have been given on a certain day only if given before (x) 9:30 A.M. (London time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such notice (each, a "Notice of Borrowing”)") shall, except as otherwise expressly provided in Section 2.101.10(b), be irrevocable, and, in the case of each written notice and each confirmation of telephonic notice, shall be irrevocable and shall be in writing, in the form of Exhibit A-1, appropriately completed to specify: specify (i) the Facility pursuant to which such Borrowing is to be made, (ii) the aggregate principal amount of the Loans to be incurred made pursuant to such Borrowing (stated in the Available Currency)Borrowing, (iiiii) the date of such Borrowing (which shall be a Business Day) and (iiiiv) whether the initial respective Borrowing shall consist of Base Rate Loans or Eurodollar Loans and, if Eurodollar Loans, the Interest Period to be initially applicable thereto. The Facility Administrative Agent shall promptly give each Lender Bank written notice (or telephonic notice promptly confirmed in writing) of such each proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s Bank's proportionate share thereof thereof, if any, and of the other matters required covered by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Ocih LLC)

Notice of Borrowing. (a) Whenever a the Borrower desires to incur Loans hereunderhereunder (excluding Swingline Loans and Revolving Loans incurred pursuant to a Mandatory Borrowing), such Borrower it shall give the Facility Administrative Agent at the its Notice Office Office, prior to 1:00 P.M. (with a copy to the Administrative Agent) New York time), at least (x) four three Business Days' prior written notice (or telephonic notice promptly confirmed in writing) of each Australian Dollar Loan Borrowing of Eurodollar Loans and at least one Business Day's prior written notice (or telephonic notice promptly confirmed in writing) of each Borrowing of Base Rate Loans to be incurred hereunder, (y) three Business Days’ prior notice of each U.S. Dollar Loan and Euro Loan to be incurred hereunder and (z) one Business Day’s prior written notice of each Sterling Loan to be incurred hereunder; provided that any such notice shall be deemed to have been given on a certain day only if given before (x) 9:30 A.M. (London time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such notice (each, together with each notice referred to in Section 1.03(b)(i), a "Notice of Borrowing"), except as otherwise expressly provided in Section 2.101.10, shall be irrevocable irrevocable, and, in the case of each written notice and each confirmation of telephonic notice, shall be in writing, in the form of Exhibit A-1A, appropriately completed to specify: specify (i) whether the Loans being incurred pursuant to such Borrowing shall consist of Term Loans A, Term Loans B or Revolving Loans, (ii) the aggregate principal amount of the such Loans to be incurred made pursuant to such Borrowing (stated in the Available Currency)Borrowing, (iiiii) the date of such Borrowing (which shall be a Business Day) and (iiiiv) whether the initial respective Borrowing shall consist of Base Rate Loans or Eurodollar Loans and, if Eurodollar Loans, the Interest Period to be initially applicable thereto. The Facility Administrative Agent shall promptly give each Lender notice of such proposed Borrowing (with a copy Bank which is required to make Loans pursuant to the Administrative Agent)Borrowing specified in the respective Notice of Borrowing written notice (or telephonic notice promptly confirmed in writing) of each proposed Borrowing, of such Lender’s Bank's proportionate share thereof thereof, if any, and of the other matters required covered by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Primedia Inc)

Notice of Borrowing. Whenever (a) If a Borrower desires to incur (x) Euro Rate Loans hereunder, such Borrower shall give the Facility Administrative Agent at the Notice Office no later than 2:00 p.m. (with a copy to the Administrative AgentNew York time) at least (x) four Business Days’ prior notice of each Australian Dollar Loan to be incurred hereunder, (y) three Business Days’ prior notice of each U.S. Dollar Loan and Euro Rate Loan to be incurred hereunder and (zy) Base Rate Loans hereunder, such Borrower shall give the Administrative Agent prior notice at the Notice Office no later than 2:00 p.m. (New York time) at least one Business Day’s Day prior written notice of each Sterling Base Rate Loan is to be incurred hereunder; provided that any such notice shall be deemed to have been given on a certain day only if given before (x) 9:30 A.M. (London time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such notice (each, each a “Notice of Borrowing”), except as otherwise expressly provided in Section 2.10, shall be irrevocable and shall be in writing, or by telephone promptly confirmed in writing, in the form of Exhibit A-1, appropriately completed to specify: (i) the aggregate principal amount of the Loans to be incurred made pursuant to such Borrowing (stated in the applicable Available Currency), (ii) the date of such Borrowing (which shall be a Business Day) and ), (iii) whether the initial respective Borrowing shall consist of U.S. Loans or German Loans, (iv) in the case of Dollar Denominated Loans, whether the Dollar Denominated Loans being made pursuant to such Borrowing are to be initially maintained as Base Rate Loans or Eurodollar Loans and, if Eurodollar Loans, the Interest Period to be initially applicable thereto. The Facility Agent shall promptly give each Lender notice , and (v) in the case of such proposed Borrowing (with a copy to Euro Denominated Loans, the Administrative Agent), of such Lender’s proportionate share thereof and of the other matters required by the immediately preceding sentence Interest Period to be specified in the Notice of Borrowinginitially applicable thereto.

Appears in 1 contract

Samples: Term Loan Agreement (Aleris International, Inc.)

Notice of Borrowing. (a) Whenever a the Borrower desires to incur Revolving Loans hereunderhereunder (excluding Borrowings of Revolving Loans incurred pursuant to a Mandatory Borrowing), such the Borrower shall give the Facility Agent at the its Notice Office (with a copy to the Administrative Agent) at least (x) four one Business Days’ Day's prior notice of each Australian Dollar Base Rate Loan and at least three Business Days' prior notice of each Eurodollar Loan to be incurred hereunder, (y) three Business Days’ prior notice of each U.S. Dollar Loan and Euro Loan to be incurred hereunder and (z) one Business Day’s prior written notice of each Sterling Loan to be incurred hereunder; provided that any such notice shall be deemed to have been given on a certain day only if given before 12:00 Noon (x) 9:30 A.M. (London New York time) on such day, day in the case of Sterling Eurodollar Loans and 2:00 p.m. (y) 9:30 A.M. (London New York time) on such day, day in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Base Rate Loans. Each such notice (each, each a "Notice of Borrowing"), except as otherwise expressly provided in Section 2.101.10, shall be irrevocable and shall be in writing, given by the Borrower in the form of Exhibit A-1A, appropriately completed to specify: (i) specify the aggregate principal amount of the Revolving Loans to be incurred made pursuant to such Borrowing (stated in the Available Currency)Borrowing, (ii) the date of such Borrowing (which shall be a Business Day) and (iii) whether the Revolving Loans being made pursuant to such Borrowing are to be initially maintained as Base Rate Loans or Eurodollar Loans and, if Eurodollar Loans, the initial Interest Period to be applicable thereto. The Facility Agent shall promptly give each Lender Bank notice of such proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s Bank's proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Tracor Inc /De)

Notice of Borrowing. (a) Whenever a the Borrower desires to incur make a Borrowing hereunder (excluding Borrowings of Swingline Loans hereunderand Mandatory Borrowings), such Borrower it shall give the Facility Agent at the its Notice Office (with a copy to the Administrative Agent) at least (x) four one Business Days’ Day's prior notice of each Australian Dollar Base Rate Loan to be incurred hereunder, (y) and at least three Business Days' prior notice of each U.S. Dollar Loan and Euro Eurodollar Loan to be incurred hereunder and (z) one Business Day’s prior written notice of each Sterling Loan to be incurred made hereunder; , provided that any such notice shall be deemed to have been given on a certain day only if given before 12:00 Noon (x) 9:30 A.M. (London New York time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such notice (each, each a "Notice of Borrowing"), except as otherwise expressly provided in Section 2.101.10, shall be irrevocable and shall be given by the Borrower in writing, or by telephone promptly confirmed in writing, in the form of Exhibit A-1A, appropriately completed to specify: (i) specify the aggregate principal amount of the Loans to be incurred made pursuant to such Borrowing (stated in the Available Currency)Borrowing, (ii) the date of such Borrowing (which shall be a Business Day) ), whether the Loans being made pursuant to such Borrowing shall constitute Term Loans or Revolving Loans and (iii) whether the Loans being made pursuant to such Borrowing are to be initially maintained as Base Rate Loans or Eurodollar Loans and, if Eurodollar Loans, the initial Interest Period to be applicable thereto. The Facility Agent shall promptly give each Lender Bank which is required to make Loans of the Tranche specified in the respective Notice of Borrowing, notice of such proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s Bank's proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Universal Compression Holdings Inc)

Notice of Borrowing. (a) Whenever a the Borrower desires to incur Loans hereundermake a Borrowing under this Agreement, such a Responsible Officer of the Borrower shall give the Facility Administrative Agent at the its Notice Office Office, prior to 12:00 noon (with a copy to the Administrative Agent) New York time), at least (x) four Business Days’ prior notice of each Australian Dollar Loan to be incurred hereunder, (y) three Business Days' prior written notice (or telephonic notice promptly confirmed in writing) of each U.S. Dollar Loan Borrowing of Eurodollar Loans, and Euro Loan to be incurred hereunder and (z) at least one Business Day’s 's prior written notice (or telephonic notice promptly confirmed in writing) of each Sterling Loan Borrowing of Base Rate Loans to be incurred hereunder; provided that any such notice shall be deemed to have been given on a certain day only if given before (x) 9:30 A.M. (London time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loansmade under this Agreement. Each such notice (each, a "Notice of Borrowing”)") shall, except as otherwise expressly provided in Section 2.10, be irrevocable, and, in the case of each written notice and each confirmation of telephonic notice, shall be irrevocable and shall be in writing, in the form of Exhibit A-1III hereto, appropriately completed to specify: (i) the aggregate principal amount of the Loans to be incurred made pursuant to such Borrowing (stated in the Available Currency)Borrowing, (ii) the date of such Borrowing (which shall be a Business Day) and ), (iii) whether the initial Borrowing shall consist of Trade Loans or Compensating L/C Loans and (iv) whether the respective Borrowing shall consist of Base Rate Loans or, to the extent permitted hereunder, Eurodollar Loans and, if Eurodollar Loans, the Interest Period to be initially applicable thereto. The Facility Administrative Agent shall promptly give each Working Capital Lender written notice (or telephonic notice promptly confirmed in writing) of such each proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Working Capital Lender’s 's proportionate share thereof thereof, if any, and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 1 contract

Samples: Neches River Holding Corp

Notice of Borrowing. (a) Whenever a the Borrower desires to incur (x) Eurodollar Loans hereunder, such the Borrower shall give the Facility Administrative Agent at the Notice Office (with a copy to the Administrative Agent) at least (x) four Business Days’ prior notice of each Australian Dollar Loan to be incurred hereunder, (y) three Business Days’ prior notice of each U.S. Dollar Loan and Euro Eurodollar Loan to be incurred hereunder hereunder, and (zy) Base Rate Loans hereunder (excluding Swingline Loans and Revolving Loans made pursuant to a Mandatory Borrowing), the Borrower shall give the Administrative Agent at the Notice Office at least one Business Day’s prior written notice of each Sterling Base Rate Loan to be incurred hereunder; , provided that (in each case) any such notice shall be deemed to have been given on a certain day only if given before (x) 9:30 11:00 A.M. (London New York time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such notice (eachtogether with each notice delivered pursuant to Section 2.03(b)(i), a “Notice of Borrowing”), except as otherwise expressly provided in Section 2.10, shall be irrevocable and shall be in writ- ing, or by telephone promptly confirmed in writing, in the form of Exhibit A-1, appropriately completed to specify: (i) the aggregate principal amount of the Revolving Loans to be incurred pursuant to such Borrowing (stated in the Available Currency), Borrowing; (ii) the date of such Borrowing (which shall be a Business Day) ); and (iii) whether the Revolving Loans being incurred pursuant to such Borrowing are to be initially maintained as Base Rate Loans or, to the extent permitted hereunder, Eurodollar Loans and, if Eurodollar Loans, the initial Interest Period to be applicable thereto. The Facility Administrative Agent shall promptly give each Lender which is required to make Revolving Loans notice of such proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 1 contract

Samples: Exit Credit Agreement (Lee Enterprises, Inc)

Notice of Borrowing. (a) Whenever a the Borrower desires to incur make a Borrowing hereunder (excluding Borrowings of Swingline Loans hereunderand Mandatory Borrow- ings), such Borrower it shall give the Facility Administrative Agent at the its Notice Office (with a copy to the Administrative Agent) at least one Business Day's prior written notice (xor telephonic notice promptly confirmed in writing) four of each Base Rate Loan and at least three Business Days' prior written notice (or telephonic notice promptly confirmed in writing) of each Australian Dollar Eurodollar Loan to be incurred made hereunder, (y) three Business Days’ prior notice of each U.S. Dollar Loan and Euro Loan to be incurred hereunder and (z) one Business Day’s prior written notice of each Sterling Loan to be incurred hereunder; provided that any such notice shall be deemed to have been given on a certain day only if given before (x) 9:30 11:00 A.M. (London Chicago time) on such day, in the case of Sterling a Borrowing of Eurodollar Loans and 12:00 Noon (y) 9:30 A.M. (London Chicago time) on such day, in the case of Australian Dollar Loans, U.S. Dollar a Borrowing of Base Rate Loans and Euro Loanson such day. Each such written notice or written confirmation of telephonic notice (each, a "Notice of Borrowing"), except as otherwise expressly provided in Section 2.101.10, shall be irrevocable and shall be in writing, given by the Borrower in the form of Exhibit A-1A, appropriately completed to specify: (i) specify the aggregate principal amount of the Loans to be incurred made pursuant to such Borrowing (stated in the Available Currency)Borrowing, (ii) the date of such Borrowing (which shall be a Business Day) ), whether the Loans being made pursuant to such Borrowing shall constitute Term Loans or Revolving Loans and (iii) whether the Loans being made pursuant to such Borrowing are to be initially maintained as Base Rate Loans or Eurodollar Loans and, if Eurodollar Loans, the initial Interest Period to be applicable thereto. The Facility Agent shall promptly give each Lender notice of such proposed Borrowing (with a copy to the Administrative Agent), of such Lender’s proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.Interest

Appears in 1 contract

Samples: Security Agreement (Howmet Corp /New/)

Notice of Borrowing. (a) Whenever a Borrower the Company desires to incur make a Borrowing hereunder (excluding Borrowings of Swingline Loans hereunderand Mandatory Borrowings), such Borrower it shall give the Facility Administrative Agent at the its Notice Office (with a copy to the Administrative Agent) at least one Business Day's prior telex, telecopy or telephonic notice (xconfirmed in writing) four of each Base Rate Loan and at least three Business Days' prior telex, telecopy or telephonic notice (confirmed in writing) of each Australian Dollar Eurodollar Rate Loan to be incurred hereunder, (y) three Business Days’ prior notice of each U.S. Dollar Loan and Euro Loan to be incurred hereunder and (z) one Business Day’s prior written notice of each Sterling Loan to be incurred made hereunder; provided that any such notice shall be deemed to have been given on a certain day only if given before 12:00 Noon (x) 9:30 A.M. (London New York time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such notice (each, each a "Notice of Borrowing"), except as otherwise expressly provided in Section 2.101.10, shall be irrevocable and shall be in writing, given by the Company substantially in the form of Exhibit A-1A, appropriately completed to specify: (i) specify the aggregate principal amount of the Loans to be incurred made pursuant to such Borrowing (stated in the Available Currency)Borrowing, (ii) the date of such Borrowing (which shall be a Business Day) and (iii) ), whether the Loans being made pursuant to such Borrowing are to be initially maintained as Base Rate Loans or Eurodollar Rate Loans and, if Eurodollar Rate Loans, the initial Interest Period to be applicable thereto. The Facility Administrative Agent shall promptly promptly, and in any event within one Business Day of receipt of such Notice of Borrowing, give each Lender Bank notice of such proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s Bank's proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Coltec Industries Inc)

Notice of Borrowing. (a) Whenever a the Borrower desires to incur make a Borrowing hereunder (excluding Borrowings of Swingline Loans hereunderand Mandatory Borrowings), such Borrower it shall give the Facility Administrative Agent at the its Notice Office (with a copy to the Administrative Agent) at least one Business Day's prior written notice (xor telephonic notice promptly confirmed in writing) four of each Base Rate Loan and at least three Business Days' prior written notice (or telephonic notice promptly confirmed in writing) of each Australian Dollar Eurodollar Loan to be incurred made hereunder, (y) three Business Days’ prior notice of each U.S. Dollar Loan and Euro Loan to be incurred hereunder and (z) one Business Day’s prior written notice of each Sterling Loan to be incurred hereunder; provided that any such notice shall be deemed to have been given on a certain day only if given before 12:00 Noon (x) 9:30 A.M. (London New York time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans). Each such written notice or written confirmation of telephonic notice (each, a "Notice of Borrowing"), except as otherwise expressly provided in Section 2.101.10, shall be irrevocable and shall be in writing, given by the Borrower in the form of Exhibit A-1A, appropriately completed to specify: (i) the aggregate principal amount of the Loans to be incurred made pursuant to such Borrowing (stated in the Available Currency)Borrowing, (ii) the date of such Borrowing (which shall be a Business Day) and ), (iii) whether the Loans being made pursuant to such Borrowing shall constitute Tranche A Term Loans, Tranche B Term Loans or Revolving Loans and (iv) whether the Loans being made pursuant to such Borrowing are to be initially maintained as Base Rate Loans or Eurodollar Loans and, if Eurodollar Loans, the initial Interest Period to be applicable thereto. The Facility Administrative Agent shall promptly give each Lender which is required to make Loans of the Tranche specified in the respective Notice of Borrowing, notice of such -4- 11 proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s 's proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 1 contract

Samples: Southwest General Hospital Lp

Notice of Borrowing. Whenever a the Borrower desires to incur Loans make a Borrowing hereunder, such Borrower it shall give the Facility Agent at the its Notice Office Office, prior to 12:00 Noon (with a copy to the Administrative AgentNew York time) at least one Business Day's prior written notice (xor telephonic notice promptly confirmed in writing) four Business Days’ prior notice of each Australian Dollar Loan to be incurred hereunder, (y) Borrowing of Base Rate Loans and at least three Business Days’ prior notice of each U.S. Dollar Loan and Euro Loan to be incurred hereunder and (z) one Business Day’s ' prior written notice (or telephonic notice promptly confirmed in writing) of each Sterling Loan Borrowing of Eurodollar Loans to be incurred made hereunder; provided that any such notice shall be deemed to have been given on a certain day only if given before (x) 9:30 A.M. (London time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such notice (each, each a "Notice of Borrowing"), except as otherwise expressly provided in Section 2.101.10, shall be irrevocable and shall be in writing, given by the Borrower in the form of Exhibit A-1, appropriately completed to specify: specify (i) the aggregate principal amount of the Loans to be incurred made pursuant to such Borrowing (stated in the Available Currency)Borrowing, (ii) the date of such Borrowing (which shall be a Business Day) and ), (iii) whether the Loans being made pursuant to such Borrowing shall constitute Term Loans or Revolving Loans and (iv) whether the Loans being made pursuant to such Borrowing are to be initially maintained as Base Rate Loans or Eurodollar Loans and, if Eurodollar Loans, the initial Interest Period to be applicable thereto. The Facility Agent shall promptly give each Lender Bank which is required to make Loans of the Tranche specified in the respective Notice of Borrowing notice of such proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s Bank's proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Staff Leasing Inc)

Notice of Borrowing. (a) Whenever a the Borrower desires to incur Loans make a Borrowing hereunder, such Borrower it shall give the Facility Agent at the its Notice Office (with a copy to the Administrative Agent) at least one Business Day's prior written notice (xor telephonic notice promptly confirmed in writing) four of each Base Rate Loan and at least three Business Days' prior written notice (or telephonic notice promptly confirmed in writing) of each Australian Dollar Eurodollar Loan to be incurred made hereunder, (y) three Business Days’ prior notice of each U.S. Dollar Loan and Euro Loan to be incurred hereunder and (z) one Business Day’s prior written notice of each Sterling Loan to be incurred hereunder; provided PROVIDED that any such notice shall be deemed to have been given on a certain day only if given before (x) 9:30 11:00 A.M. (London New York time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such written notice or written confirmation of telephonic notice (each, a "Notice of Borrowing"), except as otherwise expressly provided in Section 2.101.10, shall be irrevocable and shall be in writing, given by the Borrower in the form of Exhibit A-1A, appropriately completed to specify: (i) specify the aggregate principal amount of the Revolving Loans to be incurred made pursuant to such Borrowing (stated in the Available Currency)Borrowing, (ii) the date of such Borrowing (which shall be a Business Day) ), and (iii) whether the Revolving Loans being made pursuant to such Borrowing are to be initially maintained as Base Rate Loans or Eurodollar Loans and, if Eurodollar Loans, the initial Interest Period to be applicable thereto. The Facility Agent shall promptly give each Lender Bank notice of such proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s Bank's proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Northwest Airlines Corp)

Notice of Borrowing. (a) Whenever a the Borrower desires to incur Loans hereunderunder any Facility (excluding Borrowings of Swingline Loans and Mandatory Borrowings), such Borrower it shall give the Facility Administrative Agent at the Notice Office Office, prior to 12:00 Noon (with a copy to the Administrative Agent) New York time), at least (x) four Business Days’ prior notice of each Australian Dollar Loan to be incurred hereunder, (y) three Business Days' prior written notice (or telephonic notice promptly confirmed in writing) of each U.S. Dollar Loan proposed incurrence of Eurodollar Loans and Euro Loan to be incurred hereunder and (z) at least one Business Day’s 's prior written notice (or telephonic notice promptly confirmed in writing) of each Sterling Loan to be incurred hereunder; provided that any such notice shall be deemed to have been given on a certain day only if given before (x) 9:30 A.M. (London time) on such day, in the case proposed incurrence of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Base Rate Loans. Each such notice (each, a "Notice of Borrowing”), except as otherwise expressly provided ") shall be in Section 2.10, the form of Exhibit A and shall be irrevocable and shall be in writing, in the form of Exhibit A-1, appropriately completed to specify: specify (i) the Facility pursuant to which such incurrence is being made, (ii) the aggregate principal amount of the Loans to be incurred made pursuant to such Borrowing (stated in the Available Currency)incurrence, (iiiii) the date of such Borrowing incurrence (which shall be a Business Day) and (iiiiv) whether the initial respective Borrowing shall consist of Base Rate Loans or Eurodollar Loans and, if Eurodollar Loans, the Interest Period to be initially applicable thereto. The Facility Administrative Agent shall promptly give each Lender notice of such proposed Borrowing (with a copy commitments pursuant to the Administrative Agent)respective Facility written notice (or telephonic notice promptly confirmed in writing) of each proposed incurrence of Loans, of such Lender’s 's proportionate share thereof and of the other matters required covered by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Winfred Berg Licensco Inc)

Notice of Borrowing. Whenever a the Borrower desires to incur Loans hereunder, such a Responsible Officer of the Borrower shall give the Facility Administrative Agent at the Notice Office Office, written notice (with a copy to or telephonic notice promptly confirmed in writing) on the Administrative Agent) date of each Borrowing of Base Rate Loans and at least (x) four three Business Days' prior written notice (or telephonic notice promptly confirmed in writing) of each Australian Dollar Eurodollar Loan to be incurred made hereunder, (y) three Business Days’ prior notice of each U.S. Dollar Loan and Euro Loan to be incurred hereunder and (z) one Business Day’s prior written notice of each Sterling Loan to be incurred hereunder; provided that any such notice shall be deemed to have been given on a certain day only if given before (x) 9:30 11:00 A.M. (London New York City time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such written notice or written confirmation of telephonic notice (each, each a "Notice of Borrowing"), except as otherwise expressly provided in Section 2.101.10, shall be irrevocable and shall be in writing, given by a Responsible Officer of the Borrower in the form of Exhibit A-1, appropriately completed to specify: (i) specify the aggregate principal amount of the Loans to be incurred made pursuant to such Borrowing (stated in the Available Currency)Borrowing, (ii) the date of such Borrowing (which shall be a Business Day) and (iii) whether the Loans being made pursuant to such Borrowing are to be initially maintained as Base Rate Loans or Eurodollar Loans and, if Eurodollar Loans, the initial Interest Period to be applicable thereto. The Facility Administrative Agent shall promptly give each Lender notice of such proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s 's proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 1 contract

Samples: Pledge Agreement (Centerpoint Energy Inc)

Notice of Borrowing. (a) Whenever a the Borrower desires to incur Loans make a Borrowing hereunder, such Borrower it shall give the Facility Administrative Agent at the its Notice Office (with a copy to the Administrative Agent) at least one Business Day's prior written notice (xor telephonic notice promptly confirmed in writing) four of each Base Rate Loan and at least three Business Days' prior written notice (or telephonic notice promptly confirmed in writing) of each Australian Dollar Eurodollar Loan to be incurred made hereunder, (y) three Business Days’ prior notice of each U.S. Dollar Loan and Euro Loan to be incurred hereunder and (z) one Business Day’s prior written notice of each Sterling Loan to be incurred hereunder; provided PROVIDED that any such notice shall be deemed to have been given on a certain day only if given before (x) 9:30 11:00 A.M. (London New York time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such written notice or written confirmation of telephonic notice (each, a "Notice of Borrowing"), except as otherwise expressly provided in Section 2.101.10, shall be irrevocable and shall be in writing, given by the Borrower in the form of Exhibit A-1A, appropriately completed to specify: (i) specify the aggregate principal amount of the Revolving Loans to be incurred made pursuant to such Borrowing (stated in the Available Currency)Borrowing, (ii) the date of such Borrowing (which shall be a Business Day) ), and (iii) whether the Revolving Loans being made pursuant to such Borrowing are to be initially maintained as Base Rate Loans or Eurodollar Loans and, if Eurodollar Loans, the initial Interest Period to be applicable thereto. The Facility Administrative Agent shall promptly give each Lender Bank notice of such proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s Bank's proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Northwest Airlines Corp)

Notice of Borrowing. (a) Whenever a the Borrower desires to incur Loans hereundera Borrowing of Loans, such the Borrower shall give the Facility Administrative Agent at the Notice Office (with a copy to the Administrative Agent) at least (x) four three Business Days' prior written notice (or telephonic notice promptly confirmed in writing) of each Australian Dollar Eurodollar Loan and at least one Business Day's prior written notice (or telephonic notice promptly confirmed in writing) of each Base Rate Loan to be incurred made hereunder, (y) three Business Days’ prior notice of each U.S. Dollar Loan and Euro Loan to be incurred hereunder and (z) one Business Day’s prior written notice of each Sterling Loan to be incurred hereunder; provided that any such notice shall be deemed to have been given on a certain day only if given before (x) 9:30 11:00 A.M. (London New York time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such written notice or written confirmation of telephonic notice (each, each a "Notice of Borrowing"), except as otherwise expressly provided in Section 2.101.10, shall be irrevocable and shall be in writing, given by the Borrower in the form of Exhibit A-1A, appropriately completed to specify: specify (i) the aggregate principal amount of the Loans to be incurred pursuant to such Borrowing (stated in the Available Currency)Borrowing, (ii) the date of such Borrowing (which shall be a Business Day) and ), (iii) the specific uses to be made of the proceeds of such Loans and (iv) whether the Loans being incurred pursuant to such Borrowing are to be initially maintained as Base Rate Loans or Eurodollar Loans (and if Eurodollar Loans, the initial Interest Period to be applicable theretoPeriod). The Facility Administrative Agent shall promptly give each Lender Bank facsimile or other written notice of such proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s Bank's proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing. Notwithstanding anything to the contrary contained in this Agreement, unless the Administrative Agent otherwise agrees, no more than three (3) Notices of Borrowing may be given in any 30 consecutive day period.

Appears in 1 contract

Samples: Credit Agreement (Eldertrust)

Notice of Borrowing. a) (a) Whenever a the Borrower desires to incur Loans hereundera Borrowing of Loans, such the Borrower shall give the Facility Administrative Agent at the Notice Office (with a copy to the Administrative Agent) at least (x) four three Business Days' prior written notice (or telephonic notice promptly confirmed in writing) of each Australian Dollar Eurodollar Loan and at least one Business Day's prior written notice (or telephonic notice promptly confirmed in writing) of each Base Rate Loan to be incurred made hereunder, (y) three Business Days’ prior notice of each U.S. Dollar Loan and Euro Loan to be incurred hereunder and (z) one Business Day’s prior written notice of each Sterling Loan to be incurred hereunder; provided that any such notice shall be deemed to have been given on a certain day only if given before (x) 9:30 11:00 A.M. (London New York time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such written notice or written confirmation of telephonic notice (each, each a "Notice of Borrowing"), except as otherwise expressly provided in Section 2.101.10, shall be irrevocable and shall be in writing, given by the Borrower in the form of Exhibit A-1A, appropriately completed to specify: specify (i) the aggregate principal amount of the Loans to be incurred pursuant to such Borrowing (stated in the Available Currency)Borrowing, (ii) the date of such Borrowing (which shall be a Business Day) and ), (iii) the initial Interest Period specific uses to be applicable theretomade of the proceeds of such Loans and (iv) whether the Loans being incurred pursuant to such Borrowing are to be initially maintained as Base Rate Loans or Eurodollar Loans. The Facility Administrative Agent shall promptly give each Lender Bank facsimile or other written notice of such proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s Bank's proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing. Notwithstanding anything to the contrary contained in this Agreement, unless the Administrative Agent otherwise agrees, no more than four Notices of Borrowing may be given in any 30 consecutive day period.

Appears in 1 contract

Samples: Security Agreement (Eldertrust)

Notice of Borrowing. (a) Whenever a the Borrower desires to incur Loans hereunderunder any Facility, such Borrower it shall give the Facility Administrative Agent at the its Notice Office Office, prior to 12:00 Noon (with a copy to the Administrative Agent) New York time), at least (x) four three Business Days' prior written notice (or telephonic notice promptly confirmed in writing) of each Australian Dollar Loan Borrowing of Eurodollar Loans and at least one Business Day's prior written notice (or telephonic notice promptly confirmed in writing) of each Borrowing of Base Rate Loans to be incurred hereunder, (y) three Business Days’ prior notice of each U.S. Dollar Loan and Euro Loan to be incurred hereunder and (z) one Business Day’s prior written notice of each Sterling Loan to be incurred hereunder; provided that any such notice shall be deemed to have been given on a certain day only if given before (x) 9:30 A.M. (London time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such notice (each, a "Notice of Borrowing”)") shall, except as otherwise expressly provided in Section 2.101.10, be irrevocable, and, in the case of each written notice and each written confirmation of telephonic notice, shall be irrevocable and shall be in writing, in the form of Exhibit A-1A hereto, appropriately completed to specify: specify (i) the Facility pursuant to which such Borrowing is to be made, (ii) the aggregate principal amount of the Loans to be incurred made pursuant to such Borrowing (stated in the Available Currency)Borrowing, (iiiii) the date of such Borrowing (which shall be a Business Day) and (iiiiv) whether such Borrowing shall consist of Base Rate Loans or Eurodollar Loans and, if Eurodollar Loans, the initial Interest Period to be initially applicable thereto. The Facility Administrative Agent shall promptly give each Lender Bank which is required to make Loans in respect of the Facility specified in the respective Notice of Borrowing written notice (or telephonic notice promptly confirmed in writing) of such each proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s Bank's proportionate share thereof and of the other matters required covered by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Universal American Financial Corp)

Notice of Borrowing. (a) Whenever a the Borrower desires to incur Term Loans hereunderhereunder on the Effective Date, such an Authorized Representative of the Borrower shall give the Facility Administrative Agent at the Notice Office (with a copy to the Administrative Agent) at least (x) four Business Days’ prior notice of each Australian Dollar Loan to be incurred hereunder, (y) three Business Days’ prior notice of each U.S. Dollar Loan and Euro Loan to be incurred hereunder and (z) one Business Day’s prior written notice of each Sterling Loan to be incurred hereunder; provided that any such (or telephonic notice shall be deemed to have been given on a certain day only if given before (xpromptly confirmed in writing) 9:30 not later than 10:00 A.M. (London New York time) on such daythe Effective Date if all or any part of the requested Terms Loans are to be initially Base Rate Loans, in the case of Sterling Loans and not later than 2:00 P.M. (y) 9:30 A.M. (London New York time) on such day, in the case third Business Day prior to the Effective Date if all or any part of Australian Dollar Loans, U.S. Dollar the requested Terms Loans and Euro are to be initially Eurodollar Loans. Each such written notice or written confirmation of telephonic notice (each, each a “Notice of Borrowing”), except as otherwise expressly provided in Section 2.101.10, shall be irrevocable and shall be in writing, given by an Authorized Representative of the Borrower in the form of Exhibit A-1, appropriately completed to specify: (i) the aggregate principal amount of the Term Loans to be incurred pursuant to such Borrowing (stated in the Available Currency)Borrowing, (ii) the date of such Borrowing (which shall be a Business Day) and (iii) whether the Term Loans being incurred pursuant to such Borrowing are to be initially maintained as Base Rate Loans or, to the extent permitted hereunder, Eurodollar Loans and, if Eurodollar Loans, the initial Interest Period to be applicable thereto. The Facility Administrative Agent shall promptly give each Lender notice of such proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such the Lender’s proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Flowers Foods Inc)

Notice of Borrowing. (a) Whenever a the Borrower desires to incur Loans hereunderunder any Facility (excluding Borrowings of Swingline Loans and Mandatory Borrowings), such Borrower it shall give the Facility Administrative Agent at the its Notice Office Office, prior to 1:00 P.M. (with a copy to the Administrative Agent) New York time), at least (x) four Business Days’ prior notice of each Australian Dollar Loan to be incurred hereunder, (y) three Business Days' prior written notice (or telephonic notice promptly confirmed in writing) of each U.S. Dollar Loan Borrowing of Eurodollar Loans and Euro Loan to be incurred hereunder and (z) at least one Business Day’s 's prior written notice (or telephonic notice promptly confirmed in writing) of each Sterling Loan Borrowing of Base Rate Loans to be incurred made hereunder; provided that any such notice shall be deemed to have been given on a certain day only if given before (x) 9:30 A.M. (London time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such notice (each, a "Notice of Borrowing”)") shall, except as otherwise expressly provided in Section 2.101.10, be irrevocable, and, in the case of each written notice and each confirmation of telephonic notice, shall be irrevocable and shall be in writing, in the form of Exhibit A-1, appropriately completed to specify: specify (i) the Facility pursuant to which such Borrowing is to be made, (ii) the aggregate principal amount of the Loans to be incurred made pursuant to such Borrowing (stated in the Available Currency)Borrowing, (iiiii) the date of such Borrowing (which shall be a Business Day) and (iiiiv) whether the initial respective Borrowing shall consist of Base Rate Loans or, to the extent permitted hereunder, Eurodollar Loans and, if Eurodollar Loans, the Interest Period to be initially applicable thereto. The Facility Administrative Agent shall promptly give each Lender Bank written notice (or telephonic notice promptly confirmed in writing) of such each proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s Bank's proportionate share thereof thereof, if any, and of the other matters required covered by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Advanced Medical Inc)

Notice of Borrowing. (a) Whenever a the Borrower desires to incur Loans hereunderhereunder (excluding Swingline Loans and Revolving Loans incurred pursuant to a Mandatory Borrowing), such the Borrower shall give the Facility Administrative Agent at the its Notice Office (with a copy to the Administrative Agent) at least (x) four one Business Days’ Day's prior notice of each Australian Dollar Base Rate Loan and at least three Business Days' prior notice of each Eurodollar Loan to be incurred hereunder, (y) three Business Days’ prior notice of each U.S. Dollar Loan and Euro Loan to be incurred hereunder and (z) one Business Day’s prior written notice of each Sterling Loan to be incurred hereunder; provided that any such notice shall be deemed to have been given on a certain day only if given before 12:00 Noon (x) 9:30 A.M. (London New York time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such notice (each, each a "Notice of Borrowing"), except as otherwise expressly provided in Section 2.101.10, shall be irrevocable and shall be given by the Borrower in writing, or by telephone promptly confirmed in writing, in the form of Exhibit A-1A, appropriately completed to specify: (i) specify the aggregate principal amount of the Loans to be incurred pursuant to such Borrowing (stated in the Available Currency)Borrowing, (ii) the date of such Borrowing (which shall be a Business Day) ), whether the Loans being incurred pursuant to such Borrowing shall constitute Term Loans or Revolving Loans and (iii) whether the Loans being incurred pursuant to such Borrowing are to be initially maintained as Base Rate Loans or Eurodollar Loans and, if Eurodollar Loans, the initial Interest Period to be applicable thereto. The Facility Administrative Agent shall promptly give each Lender which is required to make Loans of the Tranche specified in the respective Notice of Borrowing, notice of such proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s 's proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Too Inc)

Notice of Borrowing. (a) Whenever a the Borrower desires to ------------------- incur Loans hereunderunder any Facility (excluding Borrowings of Swingline Loans and Mandatory Borrowings), such Borrower it shall give the Facility Agent at the its Notice Office Office, prior to 11:00 A.M. (with a copy to the Administrative Agent) New York time), at least (x) four Business Days’ prior notice of each Australian Dollar Loan to be incurred hereunder, (y) three Business Days' prior written notice (or telephonic notice promptly confirmed in writing) of each U.S. Dollar Loan Borrowing of Eurodollar Loans and Euro Loan to be incurred hereunder and (z) at least one Business Day’s 's prior written notice (or telephonic notice promptly confirmed in writing) of each Sterling Loan Borrowing of Base Rate Loans to be incurred hereunder; provided that any such notice shall be deemed to have been given on a certain day only if given before (x) 9:30 A.M. (London time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loansmade here under. Each such notice (each, a "Notice of Borrowing”)") shall, except as otherwise expressly provided in Section 2.101.10, be irrevocable, and, in the case of each written notice and each confirmation of telephonic notice, shall be irrevocable and shall be in writing, in the form of Exhibit A-1, appropriately completed to specify: specify (i) the Facility pursuant to which such Borrowing is to be made, (ii) the aggregate principal amount of the Loans to be incurred made pursuant to such Borrowing (stated in the Available Currency)Borrowing, (iiiii) the date of such Borrowing (which shall be a Business Day) and (iiiiv) whether the initial respective Borrowing shall consist of Base Rate Loans or, to the extent permitted hereunder, Eurodollar Loans and, if Eurodollar Loans, the Interest Period to be initially applicable thereto. The Facility Agent shall promptly give each Lender Bank written notice (or telephonic notice promptly confirmed in writing) of such each proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s Bank's proportionate share thereof thereof, if any, and of the other matters required covered by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Dade International Inc)

Notice of Borrowing. (a) Whenever a the Borrower desires to incur Loans hereunder, such Borrower it shall give the Facility Agent Lender at the its Notice Office (with a copy to the Administrative Agent) at least (x) four one Business Days’ Day's prior notice of each Australian Dollar Prime Rate Loan and at least three Business Days' prior notice of each Eurodollar Loan to be incurred hereunder, (y) three Business Days’ prior notice of each U.S. Dollar Loan and Euro Loan to be incurred hereunder and (z) one Business Day’s prior written notice of each Sterling Loan to be incurred hereunder; provided that any such notice shall be deemed to have been given on a certain day only if given before (x) 9:30 11:00 A.M. (London Stamford, Connecticut time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such notice (each, each a "Notice of Borrowing"), except as otherwise expressly provided in Section 2.101.10, shall be irrevocable and shall be given by the Borrower in writing, or by telephone promptly confirmed in writing, in the form of Exhibit A-1A, appropriately completed to specify: (i) specify the aggregate principal amount of the Loans to be incurred pursuant to such Borrowing (stated in the Available Currency)Borrowing, (ii) the date of such Borrowing (which shall be a Business Day) ), whether the Loans being incurred pursuant to such Borrowing shall constitute the Term Loan or Revolving Loans and (iii) whether the Loans being incurred pursuant to such Borrowing are to be initially maintained as Prime Rate Loans or Eurodollar Loans and, if Eurodollar Loans, the initial Interest Period to be applicable thereto. The Facility Agent shall promptly give each Lender notice of such proposed Borrowing (with a copy to the Administrative Agent), of such Lender’s proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Semiconductor Packaging Materials Co Inc)

Notice of Borrowing. (a) Whenever a the Borrower desires to incur Loans hereunderhereunder (excluding Swingline Loans and Revolving Loans incurred pursuant to a Mandatory Borrowing), such the Borrower shall give the Facility Administrative Agent at the its Notice Office (with a copy to the Administrative Agent) at least (x) four one Business Days’ Day's prior notice of each Australian Dollar Base Rate Loan and at least three Business Days' prior notice of each Eurodollar Loan to be incurred hereunder, (y) three Business Days’ prior notice of each U.S. Dollar Loan and Euro Loan to be incurred hereunder and (z) one Business Day’s prior written notice of each Sterling Loan to be incurred hereunder; provided that any such notice shall be deemed to have been given on a certain day only if given before 12:00 Noon (x) 9:30 A.M. (London Eastern time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such notice (each, each a "Notice of Borrowing"), except as otherwise expressly provided in Section 2.101.10, shall be irrevocable and shall be given by the Borrower in writing, or by telephone promptly confirmed in writing, in the form of Exhibit A-1A, appropriately completed to specify: (i) specify the aggregate principal amount of the Loans to be incurred pursuant to such Borrowing (stated in the Available Currency)Borrowing, (ii) the date of such Borrowing (which shall be a Business Day) ), whether the Loans being incurred pursuant to such Borrowing shall constitute Term Loans, or Revolving Loans and (iii) whether the Loans being incurred pursuant to such Borrowing are to be initially maintained as Base Rate Loans or Eurodollar Loans and, if Eurodollar Loans, the initial Interest Period to be applicable thereto. The Facility Administrative Agent shall promptly give each Lender Bank which is required to make Loans of the Tranche specified in the respective Notice of Borrowing, notice of such proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s Bank's proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Omniquip International Inc)

Notice of Borrowing. (a) Whenever a the Borrower desires to incur Loans make a Borrowing hereunder, such Borrower it shall give the Facility Agent at the its Notice Office Office, prior to 10:00 A.M. (with a copy to the Administrative AgentNew York time) at least one Business Day's prior written notice (xor telephonic notice promptly confirmed in writing) four Business Days’ prior notice of each Australian Dollar Loan to be incurred hereunder, (y) Borrowing of Base Rate Loans and at least three Business Days’ prior notice of each U.S. Dollar Loan and Euro Loan to be incurred hereunder and (z) one Business Day’s ' prior written notice (or telephonic notice promptly confirmed in writing) of each Sterling Loan to be incurred hereunder; provided that any such notice shall be deemed to have been given on a certain day only if given before (x) 9:30 A.M. (London time) on such day, in the case Borrowing of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Eurodollar Loans. Each such notice (each, a "Notice of Borrowing"), except as otherwise expressly provided in Section 2.101.10, shall be irrevocable and shall be in writing, given by the Borrower in the form of Exhibit A-1, appropriately completed to specify: specify (i) the aggregate principal amount of the Loans to be incurred made pursuant to such Borrowing (stated in the Available Currency)Borrowing, (ii) the date of such Borrowing (which shall be a Business Day) and ), (iii) whether the Loans being made pursuant to such Borrowing shall constitute Term Loans, Revolving Loans or Capital Expenditure Loans and (iv) whether the Loans being made pursuant to such Borrowing are to be initially maintained as Base Rate Loans or Eurodollar Loans and, if Eurodollar Loans, the initial Interest Period to be applicable thereto. Any notice received after 10:00 A.M. (New York time) shall be deemed to be received on the next succeeding Business Day. The Facility Agent shall promptly give each Lender Bank which is required to make Loans of the Tranche specified in the respective Notice of Borrowing notice of such proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s Bank's proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Moovies Inc)

Notice of Borrowing. Whenever a Borrower desires to incur make or arrange for a Borrowing of Revolving Loans hereunder, such Borrower it shall give the Facility Agent at the its Notice Office (with a copy to the Administrative Agent) at least (x) four one Business Days’ Day's prior notice of each Australian Dollar Base Rate Loan to be incurred hereunder, (y) and at least three Business Days' prior notice of each U.S. Dollar Loan and Euro Eurodollar Rate Loan to be incurred hereunder and (z) one Business Day’s prior written notice of each Sterling Loan to be incurred made hereunder; , provided that any such notice shall be deemed to have been given on a certain day only if given before (x) 9:30 11:00 A.M. (London New York time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such notice (each, each a "Notice of Borrowing”), except as otherwise expressly provided in Section 2.10, ") shall be irrevocable and shall be in writing, in the form of Exhibit A-1A attached hereto, appropriately completed to specify: (i) specify the aggregate principal amount of the Loans to be incurred made pursuant to such Borrowing (stated in the Available Currency)Borrowing, (ii) the date of such Borrowing (which shall be a Business Day) and (iii) ), whether the Revolving Loans being made pursuant to such Borrowing are to be maintained initially as Base Rate Loans or Eurodollar Rate Loans, if Eurodollar Rate Loans, the initial Interest Period to be applicable theretothereto and, if such Loan is to be made to a Designee, the name and address of such Designee and the relationship of such Designee to FSA. The Facility Agent shall promptly give each Lender Bank notice of such proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s Bank's proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Financial Security Assurance Holdings LTD/Ny/)

Notice of Borrowing. (a) Whenever a the Borrower desires to incur Revolving Loans hereunder(excluding Mandatory Borrowings), such Borrower it shall give the Facility Agent at the its Notice Office (with a copy to the Administrative Agent) at least Office, (x) four Business Days’ prior notice of each Australian Dollar Loan to be incurred hereunder12:00 Noon (New York time), (y) at least three Business Days’ prior notice of each U.S. Dollar Loan and Euro Loan to be incurred hereunder and (z) one Business Day’s ' prior written notice (or telephonic notice promptly confirmed in writing) of each Sterling Loan to be incurred hereunder; provided that any such notice shall be deemed to have been given on a certain day only if given before (x) 9:30 A.M. (London time) on such day, in the case Borrowing of Sterling Eurodollar Loans and (y) 9:30 prior to 11:00 A.M. (London New York time) on such day, in the case date of Australian Dollar each incurrence of Base Rate Loans, U.S. Dollar prior written notice (or telephonic notice promptly confirmed in writing) of each Borrowing of Base Rate Loans and Euro Loansto be made hereunder. Each such notice (each, a ""Notice of Borrowing”)'') shall, except as otherwise expressly provided in Section 2.101.10(b), be irrevocable, and, in the case of each written notice and each confirmation of telephonic notice, shall be irrevocable and shall be in writing, in the form of Exhibit A-1, appropriately completed to specify: (i) the aggregate principal amount of the Loans to be incurred made pursuant to such Borrowing (stated in the Available Currency), Borrowing; (ii) the date of such Borrowing (which shall be a Business Day) and ); (iii) whether the initial respective Borrowing shall consist of Base Rate Loans or, to the extent permitted hereunder, Eurodollar Loans and, if Eurodollar Loans, the Interest Period to be initially applicable thereto. The Facility Agent shall promptly give each Lender notice ; and (iv) the respective portions of such proposed Borrowing (with a copy to constitute Acquisition Loans and Working Capital Loans, as the Administrative Agent), of such Lender’s proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowingcase may be.

Appears in 1 contract

Samples: Credit Agreement (Us Office Products Co)

Notice of Borrowing. (a) Whenever a the Borrower desires to incur Loans hereunderunder any Facility (excluding Borrowings of Swingline Loans and Mandatory Borrowings), such Borrower it shall give the Facility Agent at the its Notice Office Office, prior to 1:00 P.M. (with a copy to the Administrative Agent) New York time), at least (x) four Business Days’ prior notice of each Australian Dollar Loan to be incurred hereunder, (y) three Business Days' prior written notice (or telephonic notice promptly confirmed in writing) of each U.S. Dollar Loan Borrowing of Eurodollar Loans and Euro Loan to be incurred hereunder and (z) at least one Business Day’s 's prior written notice (or telephonic notice promptly confirmed in writing) of each Sterling Loan Borrowing of Base Rate Loans to be incurred made hereunder; provided that any such notice shall be deemed to have been given on a certain day only if given before (x) 9:30 A.M. (London time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such notice (each, a "Notice of Borrowing”)") shall, except as otherwise expressly provided in Section 2.101.10, be irrevocable, and, in the case of each written notice and each confirmation of telephonic notice, shall be irrevocable and shall be in writing, in the form of Exhibit A-1-1, appropriately completed to specify: specify (i) the Facility pursuant to which such Borrowing is to be made, (ii) the aggregate principal amount of the Loans to be incurred made pursuant to such Borrowing (stated in the Available Currency)Borrowing, (iiiii) the date of such Borrowing (which shall be a Business Day) and (iiiiv) whether the initial respective Borrowing shall consist of Base Rate Loans or, to the extent permitted hereunder, Eurodollar Loans and, if Eurodollar Loans, the Interest Period to be initially applicable thereto. The Facility Agent shall promptly give each Lender Bank written notice (or telephonic notice promptly confirmed in writing) of such each proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s Bank's proportionate share thereof thereof, if any, and of the other matters required covered by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Labtec Inc /Ma)

Notice of Borrowing. (a) Whenever a the Borrower desires to incur Loans hereunder, such Borrower it shall give the Facility Administrative Agent at the its Notice Office (with a copy to the Administrative Agent) at least one Business Day's prior written notice (xor telephonic notice promptly confirmed in writing) four of each Base Rate Loan and at least three Business Days' prior written notice (or telephonic notice promptly confirmed in writing) of each Australian Dollar Eurodollar Loan to be incurred made hereunder, (y) three Business Days’ prior notice of each U.S. Dollar Loan and Euro Loan to be incurred hereunder and (z) one Business Day’s prior written notice of each Sterling Loan to be incurred hereunder; provided that any such notice shall be deemed to have been given on a certain day only if given before 12:00 Noon (x) 9:30 A.M. (London New York time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such written notice or written confirmation of telephonic notice (each, each a "Notice of Borrowing"), except as otherwise expressly provided in Section 2.101.10, shall be irrevocable and shall be in writing, given by the Borrower in the form of Exhibit A-1A, appropriately completed to specify: (i) specify the aggregate principal amount of the Loans to be incurred pursuant to such Borrowing (stated in the Available Currency)Borrowing, (ii) the date of such Borrowing (which shall be a Business Day) ), whether the Loans being incurred pursuant to such Borrowing shall constitute Term Loans or Revolving Loans, and (iii) whether the Loans being incurred pursuant to such Borrowing are to be initially maintained as Base Rate Loans or Eurodollar Loans and, if Eurodollar Loans, the initial Interest Period to be applicable thereto. The Facility Administrative Agent shall promptly give each Lender which is required to make Loans of the Tranche specified in the respective Notice of Borrowing, notice of such proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s 's proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Capstar Broadcasting Partners Inc)

Notice of Borrowing. (a) Whenever a the Borrower desires to incur Loans hereunder, such Borrower it shall give the Facility Administrative Agent at the its Notice Office (with a copy to the Administrative Agent) at least one Business Day's prior written notice (xor telephonic notice promptly confirmed in writing) four of each Base Rate Loan and at least three Business Days' prior written notice (or telephonic notice promptly confirmed in writing) of each Australian Dollar Eurodollar Loan to be incurred made hereunder, (y) three Business Days’ prior notice of each U.S. Dollar Loan and Euro Loan to be incurred hereunder and (z) one Business Day’s prior written notice of each Sterling Loan to be incurred hereunder; provided that any such notice shall be deemed to have been given on a certain day only if given before 12:00 Noon (x) 9:30 A.M. (London New York time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such written notice or written confirmation of telephonic notice (each, each a "Notice of Borrowing"), except as otherwise expressly provided in Section 2.101.10, shall be irrevocable and shall be in writing, given by the Borrower in the form of Exhibit A-1A, appropriately completed to specify: (i) specify the aggregate principal amount of the Loans to be incurred pursuant to such Borrowing (stated in the Available Currency)Borrowing, (ii) the date of such Borrowing (which shall be a Business Day) ), whether the Loans being incurred pursuant to such Borrowing shall constitute A Term Loans, B Term Loans or Revolving Loans, and (iii) whether the Loans being incurred pursuant to such Borrowing are to be initially maintained as Base Rate Loans or Eurodollar Loans and, if Eurodollar Loans, the initial Interest Period to be applicable thereto. The Facility Administrative Agent shall promptly give each Lender Bank which is required to make Loans of the Tranche specified in the respective Notice of Borrowing, notice of such proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s Bank's proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Capstar Broadcasting Corp)

Notice of Borrowing. (a) Whenever a the Borrower desires to incur Loans request a Borrowing hereunder, such the Borrower shall give the Facility Administrative Agent at the Notice Office (with a copy to the Administrative Agent) at least (x) four Business Days’ prior notice of each Australian Dollar Loan to be incurred hereunder, (y) three Business Days’ prior notice of each U.S. Dollar Loan and Euro Loan to be incurred hereunder and (z) one Business Day’s prior written notice of each Sterling Loan to be incurred hereunder; , provided that (in each case) any such notice shall be deemed to have been given on a certain day only if given before (x) 9:30 11:00 A.M. (London New York City time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such notice (each, a “Notice of Borrowing”), except as otherwise expressly provided in Section 2.10, shall be irrevocable and shall be in writing, given by the Borrower substantially in the form of Exhibit A-1A, appropriately completed to specify: (i) the aggregate principal amount of the Loans to be incurred made pursuant to such Borrowing (stated in the relevant Available Currency), (ii) the date of such Borrowing (which shall be a Business Day) and ), (iii) whether the Loans being incurred pursuant to such Borrowing are to be Dollar Denominated Loans, Euro Denominated Loans, NOK Denominated Loans or Sterling Denominated Loans, (iv) the initial Interest Period to be applicable theretothereto and (v) to which account the proceeds of such Loans are to be deposited. The Facility Administrative Agent shall promptly give each Lender which is required to make Loans, notice of such proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Trico Marine Services Inc)

Notice of Borrowing. Whenever a Borrower desires to incur Loans hereunderunder the Facility, such Borrower it shall give the Facility Administrative Agent at the its Notice Office Office, prior to 11:00 a.m. (with a copy to the Administrative Agent) New York time), at least (x) four Business Days’ prior notice of each Australian Dollar Loan to be incurred hereunder, (y) three Business Days' prior written notice (or telephonic notice promptly confirmed in writing) of each U.S. Dollar Loan Borrowing of Eurodollar Loans and Euro Loan to be incurred hereunder and (z) at least one Business Day’s 's prior written notice (or telephonic notice promptly confirmed in writing) of each Sterling Loan Borrowing of Base Rate Loans to be incurred made hereunder; provided that any such notice shall be deemed to have been given on a certain day only if given before (x) 9:30 A.M. (London time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such written notice (each, each a “Notice "NOTICE OF BORROWING") shall be in the form of Borrowing”), except as otherwise expressly provided in Section 2.10, EXHIBIT A hereto and shall be irrevocable and shall be in writing, in the form of Exhibit A-1, appropriately completed to specify: specify (i) the aggregate principal amount of the Loans to be incurred made pursuant to such Borrowing (stated in the Available Currency)Borrowing, (ii) the date of such Borrowing (which shall be a Business Day) and (iii) whether the initial respective Borrowing shall consist of Base Rate Loans or (to the extent permitted) Eurodollar Loans and, if Eurodollar Loans, the Interest Period to be initially applicable thereto. The Facility Administrative Agent shall promptly give each Lender Bank written notice (or telephonic notice promptly confirmed in writing) of such each proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s Bank's proportionate share thereof and of the other matters required covered by the immediately preceding sentence to be specified in the Notice of Borrowing.. 1.04

Appears in 1 contract

Samples: Credit Agreement (Global Marine Inc)

Notice of Borrowing. Whenever a the Borrower desires to incur Loans hereunder, such Borrower it shall give the Facility Administrative Agent at the Notice Office (with a copy to the Administrative Agent) at least (x) four Business Days’ prior notice of each Australian Dollar Loan to be incurred hereunder, (y) three Business Days’ prior notice of each U.S. Dollar Loan and Euro Loan to be incurred hereunder and (z) one Business Day’s prior written notice (or telephonic notice promptly confirmed in writing) of each Sterling Base Rate Loan and at least three Business Days’ prior written notice (or telephonic notice promptly confirmed in writing) of each Eurodollar Loan to be incurred hereunder; , provided that any such notice shall be deemed to have been given on a certain day only if given before 12:00 Noon (x) 9:30 A.M. (London New York time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such written notice or written confirmation of telephonic notice (each, a “Notice of Borrowing”), except as otherwise expressly provided in Section 2.101.11, shall be irrevocable and shall be in writing, given by the Borrower in the form of Exhibit A-1A, appropriately completed to specify: specify (i) the aggregate principal amount of the Loans to be incurred pursuant to such Borrowing (stated in the Available Currency)Borrowing, (ii) the date of such Borrowing (which shall be a Business Day) and ), (iii) whether the Loans being incurred pursuant to such Borrowing shall constitute B-1 Term Loans or B-2 Term Loans, (iv) whether the Loans to be made pursuant to such Borrowing are to be initially maintained as Base Rate Loans or Eurodollar Loans, and (v) in the case of Eurodollar Loans, the initial Interest Period to be applicable thereto. The Facility Administrative Agent shall promptly give each Lender which is required to make Loans of the Tranche specified in the respective Notice of Borrowing, notice of such proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Starwood Hotel & Resorts Worldwide Inc)

Notice of Borrowing. (a) Whenever a the Borrower desires to incur Loans make a Borrowing (other than a Competitive Bid Borrowing) hereunder, such Borrower it shall give the Facility Administrative Agent at the its Notice Office (with a copy to the Administrative Agent) at least one Business Day's prior written notice (xor telephonic notice promptly confirmed in writing) four of each Base Rate Loan and at least three Business Days' prior written notice (or telephonic notice promptly confirmed in writing) of each Australian Dollar Eurodollar Loan to be incurred made hereunder, (y) three Business Days’ prior notice of each U.S. Dollar Loan and Euro Loan to be incurred hereunder and (z) one Business Day’s prior written notice of each Sterling Loan to be incurred hereunder; provided PROVIDED that any such notice shall be deemed to have been given on a certain day only if given before (x) 9:30 11:00 A.M. (London New York time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such written notice or written confirmation of telephonic notice (each, a "Notice of Borrowing"), except as otherwise expressly provided in Section 2.101.10, shall be irrevocable and shall be in writing, given by the Borrower in the form of Exhibit A-1B-1, appropriately completed to specify: (i) specify the aggregate principal amount of the Loans to be incurred made pursuant to such Borrowing (stated in the Available Currency)Borrowing, (ii) the date of such Borrowing (which shall be a Business Day) ), whether the Loans being made pursuant to such Borrowing shall constitute Term Loans, Basic Revolving Loans or Supplemental Revolving Loans and (iii) whether the Loans being made pursuant to such Borrowing are to be initially maintained as Base Rate Loans or Eurodollar Loans and, if Eurodollar Loans, the initial Interest Period to be applicable thereto. The Facility Administrative Agent shall promptly give each Lender Bank that is required to make Loans of the Tranche specified in the respective Notice of Borrowing, notice of such proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s Bank's proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Northwest Airlines Corp)

Notice of Borrowing. (a) Whenever a the Borrower desires to incur Revolving Loans hereunder, such Borrower it shall give the Facility Agent at the Notice Office Office, (with a copy I) prior to the Administrative Agent) 10:00 A.M. (New York time), at least (x) four Business Days’ prior notice of each Australian Dollar Loan to be incurred hereunder, (y) three Business Days’ prior notice of each U.S. Dollar Loan and Euro Loan to be incurred hereunder and (z) one Business Day’s ' prior written notice (or telephonic notice promptly confirmed in writing) of each Sterling Loan Borrowing of Eurodollar Loans and (II) prior written notice (or telephonic notice promptly confirmed in writing) prior to 1:00 P.M. on the same Business Day of each Borrowing of Base Rate Loans to be incurred made hereunder; provided that any . Each such notice shall (each a "Notice of Borrowing") shall, except as provided in Section 1.10, be deemed to have been given on a certain day only if given before (x) 9:30 A.M. (London time) on such dayirrevocable, and, in the case of Sterling Loans each written notice and (y) 9:30 A.M. (London time) on such day, in the case each confirmation of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such notice (each, a “Notice of Borrowing”), except as otherwise expressly provided in Section 2.10telephonic notice, shall be irrevocable and shall be in writing, in the form of Exhibit A-1, appropriately completed to specify: specify (i) the aggregate principal amount of the Revolving Loans to be incurred made pursuant to such Borrowing (stated in the Available Currency)Borrowing, (ii) the date of such Borrowing (which shall be a Business Day) and (iii) whether the initial respective Borrowing shall consist of Base Rate Loans or, to the extent permitted hereunder, Eurodollar Loans and, if Eurodollar Loans, the Interest Period to be initially applicable thereto. The Facility Agent shall promptly give each Lender written notice (or telephonic notice promptly confirmed in writing) of such each proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s 's proportionate share thereof and of the other matters required covered by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 1 contract

Samples: Loan Agreement (Grey Wolf Inc)

Notice of Borrowing. (a) Whenever a the Borrower desires to incur Loans make a Borrowing hereunder, such Borrower it shall give the Facility Administrative Agent at its Notice Office, prior to 12:00 Noon (New York time) on the Notice Office proposed date of such Borrowing written notice (with a copy to the Administrative Agentor telephonic notice promptly confirmed in writing) of each Borrowing of Base Rate Loans and at least (x) four Business Days’ prior notice of each Australian Dollar Loan to be incurred hereunder, (y) three Business Days’ prior notice of each U.S. Dollar Loan and Euro Loan to be incurred hereunder and (z) one Business Day’s ' prior written notice (or telephonic notice promptly confirmed in writing) of each Sterling Loan to be incurred hereunder; provided that any such notice shall be deemed to have been given on a certain day only if given before (x) 9:30 A.M. (London time) on such day, in the case Borrowing of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Eurodollar Loans. Each such notice (each, each a "Notice of Borrowing"), except as otherwise expressly provided in Section 2.10, shall be irrevocable and shall be in writing, given by the Borrower in the form of Exhibit A-1, appropriately completed to specify: (i) the aggregate principal amount of the Loans to be incurred made pursuant to such Borrowing (stated in which shall be at least the Available Currency), Minimum Borrowing Amount; (ii) the date of such Borrowing (which shall be a Business Day) and ); (iii) whether the Loans being made pursuant to such Borrowing shall constitute Term Loans or Revolving Loans; and (iv) whether the Loans being made pursuant to such Borrowing are to be initially maintained as Base Rate Loans or Eurodollar Loans and, if Eurodollar Loans, the initial Interest Period to be applicable thereto. The Facility Administrative Agent shall promptly give each Lender Bank which is required to make Loans of the Tranche specified in the respective Notice of Borrowing notice of such proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s Bank's proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Scovill Holdings Inc)

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Notice of Borrowing. (a) Whenever a the Borrower desires to incur make a Borrowing hereunder (excluding Borrowings of Swingline Loans hereunderand Mandatory Borrowings), such Borrower it shall give the Facility Administrative Agent at the its Notice Office (with a copy to the Administrative Agent) at least (x) four Business Days’ prior notice of each Australian Dollar Loan to be incurred hereunder, (y) three Business Days’ prior notice of each U.S. Dollar Loan and Euro Loan to be incurred hereunder and (z) one Business Day’s prior written (or telephonic promptly confirmed in writing) notice of each Sterling Base Rate Loan and at least three Business Days’ prior written (or telephonic promptly confirmed in writing) notice of each Eurodollar Loan to be incurred made hereunder; , provided that any such notice shall be deemed to have been given on a certain day only if given before 12:00 Noon (x) 9:30 A.M. (London New York time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such written notice or written confirmation of telephonic notice (each, each a “Notice of Borrowing”), except as otherwise expressly provided in Section 2.10, ) shall be irrevocable and shall be in writing, given by the Borrower in the form of Exhibit A-1A, appropriately completed to specify: (i) specify the aggregate principal amount of the Loans to be incurred made pursuant to such Borrowing (stated in the Available Currency)Borrowing, (ii) the date of such Borrowing (which shall be a Business Day) ), the Tranche of the Loans being made pursuant to such Borrowing and (iii) whether the Loans being made pursuant to such Borrowing are to be initially maintained as Base Rate Loans or Eurodollar Loans and, if Eurodollar Loans, the initial Interest Period to be applicable thereto. The Facility Administrative Agent shall promptly give each Lender which is required to make Loans of the Tranche specified in the respective Notice of Borrowing, notice of such proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Ameristar Casinos Inc)

Notice of Borrowing. Whenever a (a) When the Borrower desires to incur Loans hereunder, such the Borrower shall give the Facility Administrative Agent at the Notice Office (with a copy to the Administrative Agenti) at least (x) four Business Days’ prior notice of each Australian Dollar Loan to be incurred hereunder, (y) three Business Days’ prior notice thereof in the case of each U.S. Dollar Loan and Euro Loan to be incurred hereunder Eurodollar Loans and (zii) at least one Business Day’s prior written notice thereof in the case of each Sterling Loan to be incurred hereunderBase Rate Loans; provided that (in each case) any such notice shall be deemed to have been given on a certain day only if given before (x) 9:30 11:00 A.M. (London New York City time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such notice (each, a “Notice of Borrowing”), except as otherwise expressly provided in Section 2.10, shall be irrevocable and shall be in writing, or by telephone promptly confirmed in writing, in the form of Exhibit A-1, appropriately completed to specify: (iA) the aggregate principal amount of the Loans to be incurred pursuant to such Borrowing (stated in the Available Currency)Borrowing, (iiB) the date of such Borrowing (which shall be a Business Day), (C) whether the Loans being incurred pursuant to such Borrowing shall constitute Initial Term Loans or Incremental Term Loans and (iiiD) whether the Loans being incurred pursuant to such Borrowing are to be initially maintained as Base Rate Loans or, to the extent permitted hereunder, Eurodollar Loans and, if Eurodollar Loans, the initial Interest Period to be applicable thereto. The Facility Administrative Agent shall promptly give each Lender which is required to make the Loans specified in the respective Notice of Borrowing notice of such proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (NightHawk Radiology Holdings Inc)

Notice of Borrowing. (a) Whenever a Borrower desires the Borrowers desire to incur Revolving Loans hereunderhereunder (excluding Borrowings of Swingline Loans and Revolving Loans incurred pursuant to Mandatory Borrowings), such Borrower an Authorized Representative of the Borrowers shall give the Facility Administrative Agent at the Notice Office (with a copy to the Administrative Agent) at least (x) four Business Days’ prior notice of each Australian Dollar Loan to be incurred hereunder, (y) three Business Days’ prior notice of each U.S. Dollar Loan and Euro Loan to be incurred hereunder and (z) one Business Day’s prior written notice (or telephonic notice promptly confirmed in writing) of each Sterling Base Rate Loan and at least three Business Days’ prior written notice (or telephonic notice promptly confirmed in writing) of each Eurodollar Loan to be incurred made hereunder; , provided that any such notice shall be deemed to have been given on a certain day only if given before (x) 9:30 11:00 A.M. (London New York time) (or before 12:00 Noon (New York time) in the case of a Borrowing of Base Rate Loans) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such written notice or written confirmation of telephonic notice (each, each a “Notice of Borrowing”), except as otherwise expressly provided in Section 2.101.10, shall be irrevocable and shall be in writing, given by the Borrowers in the form of Exhibit A-1A, appropriately completed to specify: (i) specify the aggregate principal amount of the Revolving Loans to be incurred made pursuant to such Borrowing (stated in the Available Currency)Borrowing, (ii) the date of such Borrowing (which shall be a Business Day) and (iii) whether the Revolving Loans being made pursuant to such Borrowing are to be initially maintained as Base Rate Loans or Eurodollar Loans and, if Eurodollar Loans, the initial Interest Period to be applicable thereto. The Facility Administrative Agent shall promptly give each Lender notice of such proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Furniture Brands International Inc)

Notice of Borrowing. (a) Whenever a the Borrower desires to incur Loans hereunderLoans, such an Authorized Officer of the Borrower shall give the Facility Administrative Agent at the its Notice Office (with a copy to the Administrative Agent) at least Office, (x) four prior to 11:00 A.M. (New York time), at least three (3) Business Days’ prior written notice (or telephonic notice promptly confirmed in writing) of each Australian Dollar Loan to be incurred hereunder, Borrowing of Eurodollar Loans or (y) three Business Days’ prior notice to 10:00 A.M. (New York time) on the day of each U.S. Dollar Loan and Euro Loan to be incurred hereunder and (z) one Business Day’s Borrowing of Base Rate Loans, prior written notice of each Sterling Loan to be incurred hereunder; provided that any such (or telephonic notice shall be deemed to have been given on a certain day only if given before (x) 9:30 A.M. (London time) on such day, promptly confirmed in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loanswriting). Each such notice (each, a “Notice of Borrowing”), except as otherwise expressly provided in Section 2.101.10, shall be irrevocable irrevocable, and, in the case of a written notice and a confirmation of telephonic notice, shall be in writing, in the form of Exhibit A-1A hereto, appropriately completed to specify: specify (i) the aggregate principal amount of the Loans to be incurred made pursuant to such Borrowing (stated in the Available Currency)Borrowing, (ii) the date of such Borrowing (which shall be a Business Day) and ), (iii) whether the initial respective Borrowing shall consist of Term Loans or Revolving Loans and (iv) whether the respective Borrowing shall consist of Base Rate Loans or Eurodollar Loans and, if Eurodollar Loans, the Interest Period to be initially applicable thereto. The Facility Administrative Agent shall promptly give each Lender which is required to make Loans of the Tranche specified in the respective Borrowing, written notice (or telephonic notice promptly confirmed in writing) of such each proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s proportionate share thereof and of the other matters required covered by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Usi Holdings Corp)

Notice of Borrowing. (a) Whenever a the Borrower desires to incur make a Borrowing hereunder (excluding Borrowings of Swingline Loans hereunderand Mandatory Borrowings), such Borrower it shall give the Facility Administrative Agent at the its Notice Office (with a copy to the Administrative Agent) at least one Business Day's prior written (xor telephonic promptly confirmed in writing) four Business Days’ prior notice of each Australian Dollar Base Rate Loan and at least three Business Days' prior written (or telephonic promptly confirmed in writing) notice of each Eurodollar Loan to be incurred made hereunder, (y) three Business Days’ prior notice of each U.S. Dollar Loan and Euro Loan to be incurred hereunder and (z) one Business Day’s prior written notice of each Sterling Loan to be incurred hereunder; provided that any such notice shall be deemed to have been given on a certain day only if given before 12:00 Noon (x) 9:30 A.M. (London New York time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such written notice or written confirmation of telephonic notice (each, each a "Notice of Borrowing”), except as otherwise expressly provided in Section 2.10, ") shall be irrevocable and shall be in writing, given by the Borrower in the form of Exhibit A-1A, appropriately completed to specify: (i) specify the aggregate principal amount of the Loans to be incurred made pursuant to such Borrowing (stated in the Available Currency)Borrowing, (ii) the date of such Borrowing (which shall be a Business Day) ), the Tranche of the Loans being made pursuant to such Borrowing and (iii) whether the Loans being made pursuant to such Borrowing are to be initially maintained as Base Rate Loans or Eurodollar Loans and, if Eurodollar Loans, the initial Interest Period to be applicable thereto. The Facility Administrative Agent shall promptly give each Lender which is required to make Loans of the Tranche specified in the respective Notice of Borrowing, notice of such proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s 's proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Ameristar Casinos Inc)

Notice of Borrowing. Whenever (a) If a Borrower desires to incur (x) Euro Rate Loans hereunder, such Borrower shall give the Facility Administrative Agent at the Notice Office no later than 2:00 P.M. (with a copy to the Administrative AgentNew York time) at least (x) four Business Days’ prior notice of each Australian Dollar Loan to be incurred hereunder, (y) three Business Days’ prior notice of each U.S. Dollar Loan and Euro Rate Loan to be incurred hereunder and (zy) Base Rate Loans hereunder, such Borrower shall give the Administrative Agent prior notice at the Notice Office no later than 2:00 P.M. (New York time) at least one Business Day’s Day prior written notice of each Sterling Base Rate Loan is to be incurred hereunder; provided that any such notice shall be deemed to have been given on a certain day only if given before (x) 9:30 A.M. (London time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such notice (each, each a “Notice of Borrowing”), except as otherwise expressly provided in Section 2.10, shall be irrevocable and shall be in writing, or by telephone promptly confirmed in writing, in the form of Exhibit A-1, appropriately completed to specify: (i) the aggregate principal amount of the Loans to be incurred made pursuant to such Borrowing (stated in the applicable Available Currency), (ii) the date of such Borrowing (which shall be a Business Day) and ), (iii) whether the initial respective Borrowing shall consist of U.S. Loans or German Loans, (iv) in the case of Dollar Denominated Loans, whether the Dollar Denominated Loans being made pursuant to such Borrowing are to be initially maintained as Base Rate Loans or Eurodollar Loans and, if Eurodollar Loans, the Interest Period to be initially applicable thereto. The Facility Agent shall promptly give each Lender notice , and (v) in the case of such proposed Borrowing (with a copy to Euro Denominated Loans, the Administrative Agent), of such Lender’s proportionate share thereof and of the other matters required by the immediately preceding sentence Interest Period to be specified in the Notice of Borrowinginitially applicable thereto.

Appears in 1 contract

Samples: Term Loan Agreement (Aleris International, Inc.)

Notice of Borrowing. (a) Whenever a the Borrower desires to incur Loans hereunderunder any Facility, such Borrower it shall give the Facility Administrative Agent at the its Notice Office Office, prior to 12:00 Noon (with a copy to the Administrative Agent) New York time), at least (x) four three Business Days' prior written notice (or telephonic notice promptly confirmed in writing) of each Australian Dollar Loan Borrowing of Eurodollar Loans and at least one Business Day's prior written notice (or telephonic notice promptly confirmed in writing) of each Borrowing of Base Rate Loans to be incurred hereunder, (y) three Business Days’ prior notice of each U.S. Dollar Loan and Euro Loan to be incurred hereunder and (z) one Business Day’s prior written notice of each Sterling Loan to be incurred hereunder; provided that any such notice shall be deemed to have been given on a certain day only if given before (x) 9:30 A.M. (London time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such notice (each, a "Notice of Borrowing”)") shall, except as otherwise expressly provided in Section 2.101.10, be irrevocable, and, in the case of each written notice and each written confirmation of telephonic notice, shall be irrevocable and shall be in writing, in the form of Exhibit A-1A hereto, appropriately completed to specify: specify (i) the Facility pursuant to which such Borrowing is to be made, (ii) the aggregate principal amount of the Loans to be incurred made pursuant to such Borrowing (stated in the Available Currency)Borrowing, (iiiii) the date of such Borrowing (which shall be a Business Day) and (iiiiv) whether such Borrowing shall consist of Base Rate Loans or Eurodollar Loans and, if Eurodollar Loans, the initial Interest Period to be initially applicable thereto. The Facility Administrative Agent shall promptly give each Lender Bank which is required to make Loans of the Facility specified in the respective Notice of Borrowing written notice (or telephonic notice promptly confirmed in writing) of such each proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s Bank's proportionate share thereof and of the other matters required covered by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Ceres Group Inc)

Notice of Borrowing. (a) Whenever a the Borrower desires to incur make a Borrowing hereunder (excluding Borrowings of Swingline Loans hereunderand Mandatory Borrowings), such the Borrower shall give the Facility Agent at the its Notice Office (with a copy to the Administrative Agent) at least one Business Day's prior written notice (xor telephonic notice promptly confirmed in writing) four of each Base Rate Loan and at least three Business Days' prior written notice (or telephonic notice promptly confirmed in writing) of each Australian Dollar Eurodollar Loan to be incurred made hereunder, (y) three Business Days’ prior notice of each U.S. Dollar Loan and Euro Loan to be incurred hereunder and (z) one Business Day’s prior written notice of each Sterling Loan to be incurred hereunder; provided that any such notice shall be deemed to have been given on a certain day only if given before (x) 9:30 11:00 A.M. (London New York time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such written notice or written confirmation of telephonic notice (each, a "Notice of Borrowing"), except as otherwise expressly provided in Section 2.101.10, shall be irrevocable and shall be in writing, given by an Authorized Officer of the Borrower in the form of Exhibit A-1A, appropriately completed to specify: (i) specify the aggregate principal amount of the Revolving Loans to be incurred made pursuant to such Borrowing (stated in the Available Currency)Borrowing, (ii) the date of such Borrowing (which shall be a Business Day) and (iii) whether the Revolving Loans being made pursuant to such Borrowing are to be initially maintained as Base Rate Loans or Eurodollar Loans and, if Eurodollar Loans, the initial Interest Period to be applicable thereto. The Facility Agent shall promptly give each Lender Bank notice of such proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s Bank's proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Jordan Industries Inc)

Notice of Borrowing. (a) Whenever a the Borrower desires to incur Loans hereunder, such Borrower it shall give the Facility Administrative Agent at the its Notice Office Office, prior to 1:00 P.M. (with a copy to the Administrative Agent) New York time), at least (x) four three Business Days' prior written notice (or telephonic notice promptly confirmed in writing) of each Australian Dollar Loan the Borrowing of Eurodollar Loans and at least one Business Day's prior written notice (or telephonic notice promptly confirmed in writing) of the Borrowing of Base Rate Loans to be incurred hereunder, (y) three Business Days’ prior notice of each U.S. Dollar Loan and Euro Loan to be incurred hereunder and (z) one Business Day’s prior written notice of each Sterling Loan to be incurred hereunder; provided that any such notice shall be deemed to have been given on a certain day only if given before (x) 9:30 A.M. (London time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such notice (each, together with each notice referred to in Section 1.03(b)(i), a "Notice of Borrowing"), except as otherwise expressly provided in Section 2.101.10, shall be irrevocable irrevocable, and, in the case of each written notice and each confirmation of telephonic notice, shall be in writing, in the form of Exhibit A-1A, appropriately completed to specify: specify (i) the aggregate principal amount of the such Loans to be incurred made pursuant to such Borrowing (stated in the Available Currency)Borrowing, (ii) the date of such Borrowing (which shall be a Business Day) and (iii) whether the initial respective Borrowing shall consist of Base Rate Loans or Eurodollar Loans and, if Eurodollar Loans, the Interest Period to be initially applicable thereto. The Facility Administrative Agent shall promptly give each Lender Bank written notice (or telephonic notice promptly confirmed in writing) of such each proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s Bank's proportionate share thereof thereof, if any, and of the other matters required covered by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (About, Inc.)

Notice of Borrowing. (a) Whenever a Borrower the Company desires to incur Revolving Loans hereunderhereunder (excluding Borrowings of Revolving Loans incurred pursuant to Mandatory Borrowings), such Borrower it shall give the Facility Agent at the its Notice Office Office, prior to 10:00 A.M. (with a copy to the Administrative Agent) New York time), at least (x) four two Business Days' prior written notice (or telephonic notice promptly confirmed in writing) of each Australian Dollar Loan to be incurred hereunder, (y) three Business Days’ prior notice Borrowing of each U.S. Dollar Loan Eurodollar Loans and Euro Loan to be incurred hereunder and (z) at least one Business Day’s 's prior written notice (or telephonic notice promptly confirmed in writing) of each Sterling Loan Borrowing of Base Rate Loans to be incurred made hereunder; provided that any . Each such notice shall (each a "Notice of Borrowing") shall, except as provided in Section 1.10, be deemed to have been given on a certain day only if given before (x) 9:30 A.M. (London time) on such dayirrevocable, and, in the case of Sterling Loans each written notice and (y) 9:30 A.M. (London time) on such day, in the case each confirmation of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such notice (each, a “Notice of Borrowing”), except as otherwise expressly provided in Section 2.10telephonic notice, shall be irrevocable and shall be in writing, in the form of Exhibit EXHIBIT A-1, appropriately completed to specify: specify (i) the aggregate principal amount of the Revolving Loans to be incurred made pursuant to such Borrowing (stated in the Available Currency)Borrowing, (ii) the date of such Borrowing (which shall be a Business Day) and (iii) whether the initial respective Borrowing shall consist of Base Rate Loans or, to the extent permitted hereunder, Eurodollar Loans and, if Eurodollar Loans, the Interest Period to be initially applicable thereto. The Facility Agent shall promptly give each Lender Bank written notice (or telephonic notice promptly confirmed in writing) of such each proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s Bank's proportionate share thereof and of the other matters required covered by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 1 contract

Samples: Revolving Credit Agreement (Superior Telecom Inc)

Notice of Borrowing. (a) Whenever a the Borrower desires to ------------------- incur (x) Eurodollar Loans hereunder, such the Borrower shall give the Facility Administrative Agent at the Notice Office (with a copy to the Administrative Agent) at least (x) four three Business Days' prior notice of each Australian Dollar Loan to be incurred hereunder, (y) three Business Days’ prior notice of each U.S. Dollar Loan and Euro Eurodollar Loan to be incurred hereunder and (zy) Base Rate Loans hereunder (excluding Swingline Loans), the Borrower shall give the Administrative Agent at the Notice Office at least one Business Day’s 's prior written notice of each Sterling Base Rate Loan to be incurred hereunder; , provided that (in each case) any such notice -------- shall be deemed to have been given on a certain day only if given before (x) 9:30 11:00 A.M. (London New York time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such notice (each, each a "Notice of Borrowing"), except as otherwise expressly provided in Section 2.101.10, shall be irrevocable and shall be given by the Borrower in writing, or by telephone promptly confirmed in writing, in the form of Exhibit A-1A, appropriately completed to specify: (i) specify the aggregate principal amount of the Revolving Loans to be incurred pursuant to such Borrowing (stated in the Available Currency)Borrowing, (ii) the date of such Borrowing (which shall be a Business Day) ), and (iii) whether the Revolving Loans being incurred pursuant to such Borrowing are to be initially maintained as Base Rate Loans or, to the extent permitted hereunder, Eurodollar Loans and, if Eurodollar Loans, the initial Interest Period to be applicable thereto. The Facility Administrative Agent shall promptly give each Lender Bank notice of such proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s Bank's proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Sylvan Learning Systems Inc)

Notice of Borrowing. (a) Whenever a the Borrower desires to incur (x) Eurodollar Loans hereunder, such Borrower it shall give the Facility Administrative Agent at the Notice Office (with a copy to the Administrative Agent) at least (x) four three Business Days' prior notice of each Australian Dollar Loan to be incurred hereunder, (y) three Business Days’ prior notice of each U.S. Dollar Loan and Euro Eurodollar Loan to be incurred hereunder and (zy) Base Rate Loans hereunder, it shall give the Administrative Agent at the Notice Office at least one Business Day’s 's prior written notice of each Sterling Base Rate Loan to be incurred hereunder; , provided that (in each case) any such notice shall be deemed to have been given on a certain day only if given before 12:00 Noon (x) 9:30 A.M. (London New York time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such notice (each, each a "Notice of Borrowing"), except as otherwise expressly provided in Section 2.101.10, shall be irrevocable and shall be in writing, or by telephone promptly confirmed in writing, in the form of Exhibit A-1, appropriately completed to specify: (i) the aggregate principal amount of the Term Loans to be incurred pursuant to such Borrowing (stated in the Available Currency)Borrowing, (ii) the date of such Borrowing (which shall be a Business Day) ), and (iii) whether the Term Loans being incurred pursuant to such Borrowing are to be initially maintained as Base Rate Loans or, to the extent permitted hereunder, Eurodollar Loans and, if Eurodollar Loans, the initial Interest Period to be applicable thereto. The Facility Administrative Agent shall promptly give each Lender which is required to make Term Loans notice of such proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s 's proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (RCN Corp /De/)

Notice of Borrowing. (a) Whenever a the Borrower desires to incur Loans hereunderunder any Facility, such Borrower it shall give the Facility Administrative Agent at the its Notice Office Office, prior to 12:00 Noon (with a copy to the Administrative Agent) New York time), at least (x) four three Business Days' prior written notice (or telephonic notice promptly confirmed in writing) of each Australian Dollar Loan Borrowing of Eurodollar Loans and at least one Business Day's prior written notice (or telephonic notice promptly confirmed in writing) of each Borrowing of Base Rate Loans to be incurred hereunder, (y) three Business Days’ prior notice of each U.S. Dollar Loan and Euro Loan to be incurred hereunder and (z) one Business Day’s prior written notice of each Sterling Loan to be incurred hereunder; provided that any such notice shall be deemed to have been given on a certain day only if given before (x) 9:30 A.M. (London time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such notice (each, a "Notice of Borrowing”)") shall, except as otherwise expressly provided in Section 2.101.10, be irrevocable, and, in the case of each written notice and each written confirmation of telephonic notice, shall be irrevocable and shall be in writing, in the form of Exhibit A-1A hereto, appropriately completed to specify: specify (i) the Facility pursuant to which such Borrowing is to be made, (ii) the aggregate principal amount of the Loans to be incurred made pursuant to such Borrowing (stated in the Available Currency)Borrowing, (iiiii) the date of such Borrowing (which shall be a Business Day) and (iiiiv) whether such Borrowing shall consist of Base Rate Loans or, to the initial extent permitted hereunder, Eurodollar Loans and, if Eurodollar Loans, the Interest Period to be initially applicable thereto. The Facility Administrative Agent shall promptly give each Lender Bank which is required to make Loans of the Facility specified in the respective Notice of Borrowing written notice (or telephonic notice promptly confirmed in writing) of such each proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s Bank's proportionate share thereof and of the other matters required covered by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Superior National Insurance Group Inc)

Notice of Borrowing. (a) Whenever a the Borrower desires to incur Loans hereunderhereunder (other than Swingline Loans), such Borrower it shall give the Facility Administrative Agent at the its Notice Office (with a copy to the Administrative Agent) at least (x) four Business Days’ prior notice of each Australian Dollar Loan to be incurred hereunder, (y) three Business Days’ prior notice of each U.S. Dollar Loan and Euro Loan to be incurred hereunder and (z) one Business Day’s prior written notice (or telephonic notice promptly confirmed in writing) of each Sterling Loan to be incurred hereunder; Base Rate Loan, and at least three Business Days’ prior written notice (or telephonic notice promptly confirmed in writing) of each Eurodollar Loan, provided that any such notice shall be deemed to have been given on a certain day only if given before (x) 9:30 11:00 A.M. (London New York time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such written notice or written confirmation of telephonic notice (each, each a “Notice of Borrowing”), except as otherwise expressly provided in Section 2.10, shall be irrevocable and shall be in writing, given by the Borrower in the form of Exhibit A-1A, appropriately completed to specify: specify (i) the date of such incurrence (which shall be a Business Day), (ii) whether the respective Borrowing shall consist of Term Loans or Revolving Loans, (iii) the aggregate principal amount of the Loans to be incurred pursuant made, (iv) whether the Loans being made are to such Borrowing be initially maintained as Base Rate Loans or Eurodollar Loans and (stated v) in the Available Currency)case of Eurodollar Loans, (ii) the date of such Borrowing (which shall be a Business Day) and (iii) the initial Interest Period to be applicable thereto. The Facility Administrative Agent shall promptly (and in any event within one Business Day after its receipt of a Notice of Borrowing) give each Lender Bank which is required to make Loans of the Tranche specified in the respective Notice of Borrowing, notice of such proposed Borrowing (with a copy to the Administrative Agent)incurrence, of such LenderBank’s proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Consolidated Container Co LLC)

Notice of Borrowing. (a) Whenever a the Borrower desires to incur Loans hereunder, such Borrower hereunder it shall give the Facility Administrative Agent at the its Notice Office written notice (with a copy or telephonic notice promptly confirmed in writing) on the date such Loan is to the Administrative Agent) be made of each Base Rate Loan, and at least (x) four Business Days’ prior notice of each Australian Dollar Loan to be incurred hereunder, (y) three Business Days’ prior notice of each U.S. Dollar Loan and Euro Loan to be incurred hereunder and (z) one Business Day’s ' prior written notice (or telephonic notice promptly confirmed in writing) of each Sterling Loan to be incurred hereunder; Euro Rate Loan, provided that any such notice shall be deemed to have been given on a certain day only if given before 1:00 P.M. (x) 9:30 A.M. (London New York time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such written notice or written confirmation of telephonic notice (each, each a "Notice of Borrowing"), except as otherwise expressly provided in Section 2.10, shall be irrevocable and shall be in writing, given by the Borrower in the form of Exhibit A-1A, appropriately completed to specify: specify (i) the date of such incurrence (which shall be a Business Day), (ii) whether the Loans being made shall constitute Term Loans, or Revolving Loans and the Applicable Currency of such Term Loans, (iii) the aggregate principal amount of the Loans to be incurred pursuant to such Borrowing made, (stated iv) in the Available Currency)case of Dollar Loans, (ii) the date of whether such Borrowing (which shall Loans being made are to be a Business Day) initially maintained as Base Rate Loans or Eurodollar Loans and (iiiv) in the case of Euro Rate Loans, the initial Interest Period to be applicable thereto. The Facility Administrative Agent shall promptly (and in any event within one Business Day after its receipt of a Notice of Borrowing) give each Lender which is required to make Loans of the Tranche specified in the respective Notice of Borrowing, notice of such proposed Borrowing (with a copy to the Administrative Agent)incurrence, of such Lender’s 's proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Aearo CO I)

Notice of Borrowing. (a) Whenever a the Borrower desires to incur ------------------- Revolving Loans hereunderhereunder (excluding Borrowings of Swingline Loans and Revolving Loans incurred pursuant to Mandatory Borrowings), such an Authorized Representative of the Borrower shall give the Facility Administrative Agent at the Notice Office (with a copy to the Administrative Agent) at least one Business Day's prior written notice (xor telephonic notice promptly confirmed in writing) four of each Base Rate Loan and at least three Business Days' prior written notice (or telephonic notice promptly confirmed in writing) of each Australian Dollar Eurodollar Loan to be incurred made hereunder, (y) three Business Days’ prior notice of each U.S. Dollar Loan and Euro Loan to be incurred hereunder and (z) one Business Day’s prior written notice of each Sterling Loan to be incurred hereunder; provided that any such notice shall -------- be deemed to have been given on a certain day only if given before (x) 9:30 11:00 A.M. (London New York time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such written notice or written confirmation of telephonic notice (each, each a "Notice of Borrowing"), except as otherwise expressly provided in Section 2.101.10, shall be irrevocable and shall be in writing, given by an Authorized Representative of the Borrower in the form of Exhibit A-1A, appropriately completed to specify: (i) specify the aggregate principal amount of the Revolving Loans to be incurred made pursuant to such Borrowing (stated in the Available Currency)Borrowing, (ii) the date of such Borrowing (which shall be a Business Day) and (iii) whether the Revolving Loans being made pursuant to such Borrowing are to be initially maintained as Base Rate Loans or Eurodollar Loans and, if Eurodollar Loans, the initial Interest Period to be applicable thereto. The Facility Administrative Agent shall promptly give each Lender notice of such proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s 's proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Waters Corp /De/)

Notice of Borrowing. Whenever a Borrower desires to incur make or arrange for a Borrowing of Revolving Loans hereunder, such Borrower it shall give the Facility Agent at the its Notice Office (with a copy to the Administrative Agent) at least (x) four one Business Days’ Day’s prior notice of each Australian Dollar Base Rate Loan to be incurred hereunder, (y) and at least three Business Days’ prior notice of each U.S. Dollar Loan and Euro Eurodollar Rate Loan to be incurred hereunder and (z) one Business Day’s prior written notice of each Sterling Loan to be incurred made hereunder; , provided that any such notice shall be deemed to have been given on a certain day only if given before (x) 9:30 11:00 A.M. (London New York time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such notice (each, each a “Notice of Borrowing”), except as otherwise expressly provided in Section 2.10, ) shall be irrevocable and shall be in writing, in the form of Exhibit A-1A attached hereto, appropriately completed to specify: (i) specify the aggregate principal amount of the Loans to be incurred made pursuant to such Borrowing (stated in the Available Currency)Borrowing, (ii) the date of such Borrowing (which shall be a Business Day) and (iii) ), whether the Revolving Loans being made pursuant to such Borrowing are to be maintained initially as Base Rate Loans or Eurodollar Rate Loans, if Eurodollar Rate Loans, the initial Interest Period to be applicable theretothereto and, if such Loan is to be made to a Designee, the name and address of such Designee and the relationship of such Designee to FSA. The Facility Agent shall promptly give each Lender Bank notice of such proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such LenderBank’s proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Financial Security Assurance Holdings LTD)

Notice of Borrowing. Whenever a the Borrower desires to incur Loans hereunderhereunder on and after the Second Restatement Effective Date, such the Borrower shall give the Facility Administrative Agent at the its Notice Office (with a copy to the Administrative Agent) at least (x) four one Business Days’ Day's prior notice of each Australian Dollar Loan to be incurred hereunder, (y) incurrence of Base Rate Loans and at least three Business Days' prior notice of each U.S. Dollar Loan and Euro Loan to be incurred hereunder and (z) one Business Day’s prior written notice incurrence of each Sterling Loan to be incurred hereunder; Eurodollar Loans, provided that any such notice shall be deemed to have been given on a certain day only if given before 12:00 Noon (x) 9:30 A.M. (London New York time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such notice (each, each a "Notice of Borrowing”), except as otherwise expressly provided in Section 2.10, ") shall be irrevocable and shall be in writing, in the form of Exhibit A-1Ex- hibit A, appropriately completed to specify: (i) specify the aggregate principal amount of the Loans to be incurred pursuant to each such Borrowing (stated in the Available Currency)being requested, (ii) the date of such Borrowing incurrence (which shall be a Business Day) and (iii) ), whether the Loans being made pursuant to each requested Borrowing are to be initially maintained as Base Rate Loans or Eurodollar Loans and, if Eurodollar Loans, the initial Interest Period to be applicable thereto. The Facility Administrative Agent shall promptly give each Lender Bank notice of such proposed Borrowing (with a copy to the Administrative Agent)incurrence, of such Lender’s Bank's proportionate share thereof thereof, if any, and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Interlake Corp)

Notice of Borrowing. (a) Whenever a the Borrower desires to incur (x) Eurodollar Loans hereunder, such the Borrower shall give the Facility Administrative Agent at the Notice Office (with a copy to the Administrative Agent) at least (x) four three Business Days' prior notice of each Australian Dollar Loan to be incurred hereunder, (y) three Business Days’ prior notice of each U.S. Dollar Loan and Euro Eurodollar Loan to be incurred hereunder and (zy) Base Rate Loans hereunder, the Borrower shall give the Administrative Agent at the Notice Office at least one Business Day’s 's prior written notice of each Sterling Base Rate Loan to be incurred hereunder; , provided that (in each case) any such notice shall be deemed to have been given on a certain day only if given before (x) 9:30 11:30 A.M. (London New York time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such notice (each, each a "Notice of Borrowing"), except as otherwise expressly provided in Section 2.101.10, shall be irrevocable and shall be given by the Borrower in writing, or by telephone promptly confirmed in writing, in the form of Exhibit A-1, appropriately completed to specify: (i) specify the aggregate principal amount of the Revolving Loans to be incurred pursuant to such Borrowing (stated in the Available Currency)Borrowing, (ii) the date of such Borrowing (which shall be a Business Day) and (iii) ), whether the Revolving Loans being incurred pursuant to such Borrowing are to be initially maintained as Base Rate Loans or, to the extent permitted hereunder, Eurodollar Loans and, if Eurodollar Loans, the initial Interest Period to be applicable thereto. The Facility Administrative Agent shall promptly give each Lender Bank notice of such proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s Bank's proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Pool Energy Services Co)

Notice of Borrowing. (a) Whenever a the Borrower desires to incur Loans a Borrowing hereunder, such Borrower it shall give the Facility Agent at the its Notice Office on the date that a Base Rate Loan is to be made prior written notice (with a copy to the Administrative Agentor telephonic notice promptly confirmed in writing) of each Base Rate Loan and at least (x) four three Business Days' prior written (or telephonic notice promptly confirmed in writing) notice of each Australian Dollar Eurodollar Loan to be incurred made hereunder, (y) three Business Days’ prior notice of each U.S. Dollar Loan and Euro Loan to be incurred hereunder and (z) one Business Day’s prior written notice of each Sterling Loan to be incurred hereunder; provided that any such notice shall be deemed to have been given on a certain day only if given before 12:00 Noon (x) 9:30 A.M. (London New York time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such written notice or written confirmation of telephonic notice (each, each a "Notice of Borrowing"), except as otherwise expressly provided in Section 2.101.10, shall be irrevocable and shall be in writing, given by the Borrower in the form of Exhibit A-1A, appropriately completed to specify: (i) specify the aggregate principal amount of the Revolving Loans to be incurred made pursuant to such Borrowing (stated in the Available Currency)Borrowing, (ii) the date of such Borrowing (which shall be a Business Day) and (iii) whether the Revolving Loans being made pursuant to such Borrowing are to be initially maintained as Base Rate Loans or Eurodollar Loans and, if Eurodollar Loans, the initial Interest Period to be applicable thereto. The Facility Agent shall promptly give each Lender Bank notice of such proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s Bank's proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Neodata Services Inc)

Notice of Borrowing. (a) Whenever a the Borrower desires to incur Loans a Borrowing hereunder, such Borrower it shall give the Facility Managing Agent at the its Notice Office (with a copy to the Administrative Agent) at least one Business Day's prior written (xor telephonic promptly confirmed in writing) four Business Days’ prior notice of each Australian Dollar Base Rate Loan and at least three Business Days' prior written (or telephonic promptly confirmed in writing) notice of each Eurodollar Loan to be incurred made hereunder, (y) three Business Days’ prior notice of each U.S. Dollar Loan and Euro Loan to be incurred hereunder and (z) one Business Day’s prior written notice of each Sterling Loan to be incurred hereunder; provided that any such notice shall be deemed to have been given on a certain day only if given before (x) 9:30 11:00 A.M. (London New York time) on such day, in the case of Sterling Loans and a Borrowing of Eurodollar Loans, or 12:00 Noon (y) 9:30 A.M. (London New York time) on such day, in the case of Australian Dollar a Borrowing of Base Rate Loans, U.S. Dollar Loans and Euro Loanson such day. Each such written notice or written confirmation of telephonic notice (each, each a "Notice of Borrowing"), except as otherwise expressly provided in Section 2.101.10, shall be irrevocable and shall be in writing, given by the Borrower in the form of Exhibit A-1A, appropriately completed to specify: (i) specify the aggregate principal amount of the Loans to be incurred made pursuant to such Borrowing (stated in the Available Currency)Borrowing, (ii) the date of such Borrowing (which shall be a Business Day) ), whether the Loans being made pursuant to such Borrowing shall constitute Term Loans or Revolving Loans and (iii) whether the Loans being made pursuant to such Borrowing are to be initially maintained as Base Rate Loans or Eurodollar Loans and, if Eurodollar Loans, the initial Interest Period to be applicable thereto. The Facility Managing Agent shall promptly give each Lender Bank which is required to make Loans of the Tranche specified in the respective Notice of Borrowing, notice of such proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s Bank's proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Chancellor Radio Broadcasting Co)

Notice of Borrowing. (a) Whenever a Borrower desires to incur (x) Eurodollar Loans hereunder, such Borrower shall give the Facility Agent at the Notice Office (with a copy to the Administrative Agent) at least (x) four three Business Days' prior notice of each Australian Dollar Loan to be incurred hereunder, (y) three Business Days’ prior notice of each U.S. Dollar Loan and Euro Eurodollar Loan to be incurred hereunder and (zy) Base Rate Loans hereunder (excluding Swingline Loans), such Borrower shall give the Agent at the Notice Office at least one Business Day’s 's prior written notice of each Sterling Base Rate Loan to be incurred hereunder; provided , PROVIDED that (in each case) any such notice shall be deemed to have been given on a certain day only if given before (x) 9:30 11:00 A.M. (London New York time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such notice (each, each a "Notice of Borrowing"), except as otherwise expressly provided in Section 2.101.10, shall be irrevocable and shall be given by such Borrower in writing, or by telephone promptly confirmed in writing, in the form of Exhibit A-1A, appropriately completed to specify: (i) specify the aggregate principal amount of the Revolving Loans to be incurred pursuant to such Borrowing (stated in the Available Currency)Borrowing, (ii) the date of such Borrowing (which shall be a Business Day) ), the Borrowing Base at such time, and (iii) whether the Revolving Loans being incurred pursuant to such Borrowing are to be initially maintained as Base Rate Loans or, to the extent permitted hereunder, Eurodollar Loans and, if Eurodollar Loans, the initial Interest Period to be applicable thereto. The Facility Agent shall promptly give each Lender notice of such proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s 's proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Neff Corp)

Notice of Borrowing. (a) Whenever a Borrower desires to incur Term Loans hereunderor Revolving Loans hereunder (excluding Revolving Loans incurred pursuant to a Mandatory Borrowing), such Borrower shall give the Facility Administrative Agent at the Notice Office (with a copy to the Administrative Agent) at least (x) four one Business Days’ Day's prior notice of each Australian Dollar Base Rate Loan to be incurred hereunder, (y) and at least three Business Days' prior notice of each U.S. Dollar Loan and Euro Loan to be incurred hereunder and (z) one Business Day’s prior written notice of each Sterling Eurodollar Loan to be incurred hereunder; provided that any such notice shall be deemed to have been given on a certain day only if given before 12:00 Noon (x) 9:30 A.M. (London New York time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such notice (each, each a "Notice of Borrowing"), except as otherwise expressly provided in Section 2.101.10, shall be irrevocable and shall be given by the respective Borrower in writing, or by telephone promptly confirmed in writing, in the form of Exhibit A-1A, appropriately completed to specify: (i) specify the name of such Borrower, the aggregate principal amount of the Loans to be incurred made pursuant to such Borrowing (stated in the Available Currency)Borrowing, (ii) the date of such Borrowing (which shall be a Business Day) ), whether the Loans being made pursuant to such Borrowing shall constitute A Term Loans, B Term Loans or Revolving Loans and (iii) whether the Loans being made pursuant to such Borrowing are to be initially maintained as Base Rate Loans or Eurodollar Loans and, if Eurodollar Loans, the initial Interest Period to be applicable thereto. The Facility Administrative Agent shall promptly give each Lender Bank which is required to make Loans of the Tranche specified in the respective Notice of Borrowing, notice of such proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s Bank's proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Silgan Holdings Inc)

Notice of Borrowing. (a) Whenever a the Borrower desires to incur (x) Eurodollar Loans hereunder, such the Borrower shall give the Facility Administrative Agent at the Notice Office (with a copy to the Administrative Agent) at least (x) four Business Days’ prior notice of each Australian Dollar Loan to be incurred hereunder, (y) three Business Days’ prior notice of each U.S. Dollar Loan and Euro Eurodollar Loan to be incurred hereunder and (zy) Base Rate Loans hereunder (excluding Swingline Loans and Revolving Loans made pursuant to a Mandatory Borrowing), the Borrower shall give the Administrative Agent at the Notice Office at least one Business Day’s prior written notice of each Sterling Base Rate Loan to be incurred hereunder; , provided that (in each case) any such notice shall be deemed to have been given on a certain day only if given before (x) 9:30 11:00 A.M. (London New York time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such notice (each, each a “Notice of Borrowing”), except as otherwise expressly provided in Section 2.101.10, shall be irrevocable and shall be in writing, or by telephone promptly confirmed in writing, in the form of Exhibit A-1, appropriately completed to specify: (i) the aggregate principal amount of the Revolving Loans to be incurred pursuant to such Borrowing (stated in the Available Currency)Borrowing, (ii) the date of such Borrowing (which shall be a Business Day) ), and (iii) whether the Revolving Loans being incurred pursuant to such Borrowing are to be initially maintained as Base Rate Loans or, to the extent permitted hereunder, Eurodollar Loans and, if Eurodollar Loans, the initial Interest Period to be applicable thereto. The Facility Administrative Agent shall promptly give each Lender notice of such proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Magellan Health Services Inc)

Notice of Borrowing. Whenever a Borrower desires (a) When the Borrowers desire to incur the Loans hereunder, such Borrower an Authorized Representative of the Borrowers shall give the Facility Administrative Agent at the Notice Office (with a copy to the Administrative Agent) at least (x) four three Business Days' prior written notice (or telephonic notice promptly confirmed in writing) of each Australian Dollar Term Loan to be incurred hereunder, (y) three Business Days’ prior notice of each U.S. Dollar Loan and Euro Loan to be incurred hereunder and (z) one Business Day’s prior written notice of each Sterling Loan to be incurred hereunder; provided that any such notice shall be deemed to have been given on a certain day only if given before 11:00 a.m. (x) 9:30 A.M. (London New York time) on such day, in the case . Such written notice or written confirmation of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such telephonic notice (each, a "Notice of Borrowing"), except as otherwise expressly provided in Section 2.102.08, shall be irrevocable and shall be given in writing, writing by the Borrowers in the form of Exhibit A-1G, appropriately completed to specify: specify (i) the aggregate principal amount of the Loans to be incurred pursuant to such Borrowing (stated in the Available Currency)Borrowing, (ii) the date of such the Borrowing (which shall be a Business Day) Day and the Effective Date), (iii) the Type of Loans comprising the Borrowing, (iv) in the case of Eurodollar Rate Loans, the initial Interest Period to be applicable theretoto such Eurodollar Rate Loans, and (v) to which accounts the proceeds of such Loans are to be deposited. The Facility Administrative Agent shall promptly give each Lender notice of such proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s 's proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.. If the Borrowers fail to specify a Type of Loan in the Notice of Borrowing, then the Loans shall be made as Base Rate Loans. 57

Appears in 1 contract

Samples: Credit Agreement (Ocean Rig UDW Inc.)

Notice of Borrowing. (a) Whenever a the Borrower desires to incur Loans make a Borrowing hereunder, such Borrower it shall give the Facility Administrative Agent at the its Notice Office (with a copy to the Administrative Agent) at least one Business Day's prior written notice (xor telephonic notice promptly confirmed in writing) four of each Base Rate Loan and at least three Business Days' prior written notice (or telephonic notice promptly confirmed in writing) of each Australian Dollar Eurodollar Loan to be incurred made hereunder, (y) three Business Days’ prior notice of each U.S. Dollar Loan and Euro Loan to be incurred hereunder and (z) one Business Day’s prior written notice of each Sterling Loan to be incurred hereunder; provided that any such notice shall be deemed to have been given on a certain day only if given before (x) 9:30 11:00 A.M. (London New York time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such written notice or written confirmation of telephonic notice (each, a "Notice of Borrowing"), except as otherwise expressly provided in Section 2.101.10, shall be irrevocable and shall be in writing, given by the Borrower in the form of Exhibit A-1A, appropriately completed to specify: (i) specify the aggregate principal amount of the Revolving Loans to be incurred made pursuant to such Borrowing (stated in the Available Currency)Borrowing, (ii) the date of such Borrowing (which shall be a Business Day) ), and (iii) whether the Revolving Loans being made pursuant to such Borrowing are to be initially maintained as Base Rate Loans or Eurodollar Loans and, if Eurodollar Loans, the initial Interest Period to be applicable thereto. The Facility Administrative Agent shall promptly give each Lender Bank notice of such proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s Bank's proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 1 contract

Samples: Northwest Airlines Corp

Notice of Borrowing. (a) Whenever a Borrower desires the Borrowers desire to incur Loans a Borrowing hereunder, such Borrower an Authorized Representative shall give the Facility Agent at the its Notice Office on the date that a Base Rate Loan is to be made prior written notice (with a copy to the Administrative Agentor telephonic notice promptly confirmed in writing) of each Base Rate Loan and at least (x) four three Business Days' prior written (or telephonic notice promptly confirmed in writing) notice of each Australian Dollar Eurodollar Loan to be incurred made hereunder, (y) three Business Days’ prior notice of each U.S. Dollar Loan and Euro Loan to be incurred hereunder and (z) one Business Day’s prior written notice of each Sterling Loan to be incurred hereunder; provided that any such notice shall be deemed to have been given on a certain day only if given before 12:00 Noon (x) 9:30 A.M. (London New York time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such written notice or written confirmation of telephonic notice (each, each a "Notice of Borrowing"), except as otherwise expressly provided in Section 2.101.10, shall be irrevocable and shall be in writing, given by the Borrowers in the form of Exhibit A-1A, appropriately completed to specify: (i) specify the aggregate principal amount of the Term Loans to be incurred pursuant to such Borrowing (stated in the Available Currency)Borrowing, (ii) the date of such Borrowing (which shall be a Business Day) and (iii) whether the Term Loans being incurred pursuant to such Borrowing are to be initially maintained as Base Rate Loans or Eurodollar Loans and, if Eurodollar Loans, the initial Interest Period to be applicable thereto. The Facility Agent shall promptly give each Lender Bank notice of such the proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s Bank's proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Neodata Services Inc)

Notice of Borrowing. (a) Whenever a the Borrower desires to incur (x) Eurodollar Loans hereunder, such the Borrower shall give the Facility Administrative Agent at the Notice Office (with a copy to the Administrative Agent) at least (x) four three Business Days' prior notice of each Australian Dollar Loan to be incurred hereunder, (y) three Business Days’ prior notice of each U.S. Dollar Loan and Euro Eurodollar Loan to be incurred hereunder and (zy) Base Rate Loans hereunder, the Borrower shall give the Administrative Agent at the Notice Office at least one Business Day’s 's prior written notice of each Sterling Base Rate Loan to be incurred hereunder; , provided that (in each case) any such notice shall be deemed to have been given on a certain day only if given before (x) 9:30 11:30 A.M. (London New York time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such notice (each, each a "Notice of Borrowing"), except as otherwise expressly provided in Section 2.101.10, shall be irrevocable and shall be given by the Borrower in writing, or by telephone promptly confirmed in writing, in the form of Exhibit A-1A, appropriately completed to specify: (i) specify the aggregate principal amount of the Revolving Loans to be incurred pursuant to such Borrowing (stated in the Available Currency)Borrowing, (ii) the date of such Borrowing (which shall be a Business Day) and (iii) ), whether the Revolving Loans being incurred pursuant to such Borrowing are to be initially maintained as Base Rate Loans or, to the extent permitted hereunder, Eurodollar Loans and, if Eurodollar Loans, the initial Interest Period to be applicable thereto. The Facility Administrative Agent shall promptly give each Lender Bank notice of such proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s Bank's proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 1 contract

Samples: Pledge Agreement (Pool Energy Services Co)

Notice of Borrowing. (a) Whenever a the Borrower desires to incur (x) Eurodollar Loans hereunder, such the Borrower shall give the Facility Administrative Agent at the Notice Office (with a copy to the Administrative Agent) at least (x) four three Business Days' prior notice of each Australian Dollar Loan to be incurred hereunder, (y) three Business Days’ prior notice of each U.S. Dollar Loan and Euro Eurodollar Loan to be incurred hereunder and (zy) Base Rate Loans hereunder, the Borrower shall give the Administrative Agent at the Notice Office at least one Business Day’s 's prior written notice of each Sterling Base Rate Loan to be incurred hereunder; , provided that (in each case) any such notice shall be deemed to have been given on a certain day only if given before (x) 9:30 11:00 A.M. (London New York time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such notice (each, each a "Notice of Borrowing"), except as otherwise expressly provided in Section 2.101.10, shall be irrevocable and shall be given by the Borrower in writing, or by telephone promptly confirmed in writing, in the form of Exhibit A-1A, appropriately completed to specify: (i) specify the aggregate principal amount of the Loans to be incurred pursuant to such Borrowing (stated in the Available Currency)Borrowing, (ii) the date of such Borrowing (which shall be a Business Day) and (iii) whether the Loans being incurred pursuant to such Borrowing are to be initially maintained as Base Rate Loans or, to the extent permitted hereunder, Eurodollar Loans and, if Eurodollar Loans, the initial Interest Period to be applicable thereto. The Facility Administrative Agent shall promptly give each Lender notice of such proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s 's proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Weblink Wireless Inc)

Notice of Borrowing. (a) Whenever a the Borrower desires to incur (x) Eurodollar Loans hereunder, such the Borrower shall give the Facility Agent at the Notice Office (with a copy to the Administrative Agent) at least (x) four three Business Days' prior notice of each Australian Dollar Loan to be incurred hereunder, (y) three Business Days’ prior notice of each U.S. Dollar Loan and Euro Eurodollar Loan to be incurred hereunder and (zy) Base Rate Loans hereunder (excluding Swingline Loans), the Borrower shall give the Agent at the Notice Office at least one Business Day’s 's prior written notice of each Sterling Base Rate Loan to be incurred hereunder; , provided that (in each case) any such notice shall be deemed to have been given on a certain day only if given before (x) 9:30 11:00 A.M. (London New York time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such notice (each, each a "Notice of Borrowing"), except as otherwise expressly provided in Section 2.101.10, shall be irrevocable and shall be given by the Borrower in writing, or by telephone promptly confirmed in writing, in the form of Exhibit A-1A, appropriately completed to specify: (i) specify the aggregate principal amount of the Revolving Loans to be incurred pursuant to such Borrowing (stated in the Available Currency)Borrowing, (ii) the date of such Borrowing (which shall be a Business Day) ), and (iii) whether the Revolving Loans being incurred pursuant to such Borrowing are to be initially maintained as Base Rate Loans or, to the extent permitted hereunder, Eurodollar Loans and, if Eurodollar Loans, the initial Interest Period to be applicable thereto. The Facility Agent shall promptly give each Lender Bank notice of such proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s Bank's proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 1 contract

Samples: Sitel Corp

Notice of Borrowing. (a) Whenever a the Borrower desires to incur Loans hereunder, such a Responsible Officer of the Borrower shall give the Facility Administrative Agent at the Notice Office Office, written notice (with a copy to or telephonic notice promptly confirmed in writing) on the Administrative Agent) date of each Borrowing of Base Rate Loans and at least (x) four three Business Days' prior written notice (or telephonic notice promptly confirmed in writing) of each Australian Dollar Eurodollar Loan to be incurred made hereunder, (y) three Business Days’ prior notice of each U.S. Dollar Loan and Euro Loan to be incurred hereunder and (z) one Business Day’s prior written notice of each Sterling Loan to be incurred hereunder; provided that any such notice shall be deemed to have been given on a certain day only if given before (x) 9:30 11:00 A.M. (London New York City time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such written notice or written confirmation of telephonic notice (each, each a "Notice of Borrowing"), except as otherwise expressly provided in Section 2.101.10, shall be irrevocable and shall be in writing, given by a Responsible Officer of the Borrower in the form of Exhibit A-1, appropriately completed to specify: (i) specify the aggregate principal amount of the Loans to be incurred made pursuant to such Borrowing (stated in the Available Currency)Borrowing, (ii) the date of such Borrowing (which shall be a Business Day) and (iii) whether the Loans being made pursuant to such Borrowing are to be initially maintained as Base Rate Loans or Eurodollar Loans and, if Eurodollar Loans, the initial Interest Period to be applicable thereto. The Facility Administrative Agent shall promptly give each Lender notice of such proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s 's proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Centerpoint Energy Inc)

Notice of Borrowing. (a) Whenever a the Borrower desires to incur Loans hereunderunder any Facility (excluding Revolving Loans incurred pursuant to a Mandatory Borrowing and Swingline Loans), such Borrower it shall give the Facility Agent at the its Notice Office (with a copy to the Administrative Agent) at least (x) four three Business Days’ Day's prior written notice (or telephonic notice promptly confirmed in writing) of each Australian Dollar Eurodollar Rate Loan to be incurred hereunder, (y) three Business Days’ prior notice of each U.S. Dollar Loan and Euro Loan to be incurred made hereunder and (zy) one Business Day’s 's prior written notice (or telephonic notice promptly confirmed in writing) of each Sterling Base Rate Loan to be incurred made hereunder; , provided that any such notice shall be deemed to have been given on a certain day only if given actually received by the Agent before (x) 9:30 11:00 A.M. (London New York time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such notice (each, each a "Notice of Borrowing"), except as otherwise expressly provided in Section 2.101.10, shall be irrevocable irrevocable, and, in the case of each written notice and each confirmation of telephonic notice, shall be in writing, in the form of Exhibit A-1A, appropriately completed completed, to specify: specify (i) the aggregate principal amount of the Loans Facility pursuant to which such Borrowing is to be incurred pursuant to such Borrowing (stated in the Available Currency)made, (ii) the date of such Borrowing (which shall be a Business Day) and ), (iii) the aggregate principal amount of the Loans to be made pursuant to such Borrowing, (iv) whether the Loans to be made pursuant to such Borrowing are to be initially maintained as Base Rate Loans or, to the extent permitted hereunder, Eurodollar Rate Loans and (v) in the case of Eurodollar Rate Loans, the initial Interest Period to be applicable thereto. The Facility Agent shall promptly give each Lender notice of (i) such proposed Borrowing Borrowing, (with a copy to the Administrative Agent), of ii) such Lender’s 's proportionate share thereof thereof, if any, and of (iii) the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Eagle Picher Technologies LLC)

Notice of Borrowing. (a) Whenever a the Borrower desires to incur ------------------- a Borrowing of Revolving Loans hereunder(excluding Revolving Loans incurred pursuant to a Mandatory Borrowing), such the Borrower shall give the Facility Administrative Agent at the its Notice Office (with a copy to the Administrative Agent) at least one Business Day's prior written notice (xor telephonic notice promptly confirmed in writing) four of each Base Rate Loan and at least three Business Days' prior written notice (or telephonic notice promptly confirmed in writing) of each Australian Dollar Eurodollar Loan to be incurred made hereunder, (y) three Business Days’ prior notice of each U.S. Dollar Loan and Euro Loan to be incurred hereunder and (z) one Business Day’s prior written notice of each Sterling Loan to be incurred hereunder; provided that any such -------- notice shall be deemed to have been given on a certain day only if given before 1:00 P.M. (x) 9:30 A.M. (London New York time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such written notice or written confirmation of telephonic notice (each, each a "Notice of Borrowing"), except as otherwise expressly provided in Section 2.101.10, shall be irrevocable and shall be in writing, given by the Borrower in the form of Exhibit A-1A, appropriately completed to specify: specify (i) the aggregate principal amount of the Revolving Loans to be incurred pursuant to such Borrowing (stated in the Available Currency)Borrowing, (ii) the date of such Borrowing (which shall be a Business Day) and (iii) whether the Revolving Loans being incurred pursuant to such Borrowing are to be initially maintained as Base Rate Loans or Euro dollar Loans and, if Eurodollar Loans, the initial Interest Period to be applicable thereto. The Facility Administrative Agent shall promptly give each Lender Bank notice of such proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s proportionate Bank's proportion- ate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 1 contract

Samples: Security Agreement (Extended Stay America Inc)

Notice of Borrowing. Whenever a (a) When the Borrower desires to incur Loans hereunder, such the Borrower shall give the Facility Administrative Agent at the Notice Office (with a copy to the Administrative Agenti) at least (x) four Business Days’ prior notice of each Australian Dollar Loan to be incurred hereunder, (y) three Business Days’ prior notice thereof in the case of each U.S. Dollar Loan and Euro Loan to be incurred hereunder Eurodollar Loans and (zii) at least one Business Day’s prior written notice thereof in the case of each Sterling Loan to be incurred hereunderBase Rate Loans; provided that (in each case) any such notice shall be deemed to have been given on a certain day only if given before (x) 9:30 11:00 A.M. (London New York City time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such notice (each, a “Notice of Borrowing”), except as otherwise expressly provided in Section 2.10, shall be irrevocable and shall be in writing, or by telephone promptly confirmed in writing, in the form of Exhibit A-1, appropriately completed to specify: (iA) the aggregate principal amount of the Loans to be incurred pursuant to such Borrowing (stated in the Available Currency)Borrowing, (iiB) the date of such Borrowing (which shall be a Business Day), (C) whether the Loans being incurred pursuant to such Borrowing shall constitute Delayed Draw Term Loans or Incremental Term Loans and (iiiD) whether the Loans being incurred pursuant to such Borrowing are to be initially maintained as Base Rate Loans or, to the extent permitted hereunder, Eurodollar Loans and, if Eurodollar Loans, the initial Interest Period to be applicable thereto. The Facility Administrative Agent shall promptly give each Lender which is required to make the Loans specified in the respective Notice of Borrowing notice of such proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (NightHawk Radiology Holdings Inc)

Notice of Borrowing. (a) Whenever a the Borrower desires to ------------------- incur Loans hereunderunder any Facility (excluding Borrowings of Swingline Loans and Mandatory Borrowings), such Borrower it shall give the Facility Agent at the its Notice Office Office, prior to 11:00 A.M. (with a copy to the Administrative Agent) New York time), at least (x) four Business Days’ prior notice of each Australian Dollar Loan to be incurred hereunder, (y) three Business Days' prior written notice (or telephonic notice promptly confirmed in writing) of each U.S. Dollar Loan Borrowing of Eurodollar Loans and Euro Loan to be incurred hereunder and (z) at least one Business Day’s 's prior written notice (or telephonic notice promptly confirmed in writing) of each Sterling Loan Borrowing of Base Rate Loans to be incurred made hereunder; provided that any such notice shall be deemed to have been given on a certain day only if given before (x) 9:30 A.M. (London time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such notice (each, a "Notice of Borrowing”)") shall, except as otherwise expressly provided in Section 2.101.10, be irrevocable, and, in the case of each written notice and each confirmation of telephonic notice, shall be irrevocable and shall be in writing, in the form of Exhibit Exhib-it A-1, appropriately completed to specify: specify (i) the Facility pursuant to which such Borrowing is to be made, (ii) the aggregate principal amount of the Loans to be incurred made pursuant to such Borrowing (stated in the Available Currency)Borrowing, (iiiii) the date of such Borrowing (which shall be a Business Day) and (iiiiv) whether the initial respective Borrowing shall consist of Base Rate Loans or, to the extent permitted hereunder, Eurodollar Loans and, if Eurodollar Loans, the Interest Period to be initially applicable thereto. The Facility Agent shall promptly give each Lender Bank written notice (or telephonic notice promptly confirmed in writing) of such each proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s Bank's proportionate share thereof thereof, if any, and of the other matters required covered by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Wesley Jessen Holding Inc)

Notice of Borrowing. (a) Whenever a the Borrower desires to incur Term Loans hereunderhereunder on or after the Effective Date, such an Authorized Representative of the Borrower shall give the Facility Administrative Agent at the Notice Office prior written notice (with a copy to or telephonic notice promptly confirmed in writing) not later than 10:00 A.M. (New York time) on the Administrative Agent) at least (x) four Business Days’ prior notice date of each Australian Dollar Base Rate Loan to be incurred hereunder, (y) three Business Days’ prior notice of each U.S. Dollar Loan and Euro Loan to be incurred hereunder and (z) one Business Day’s prior written notice of each Sterling Loan to be incurred hereunder; provided that any such notice shall be deemed to have been given on a certain day only if given before (x) 9:30 not later than 11:00 A.M. (London New York time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loansthird Business Day prior to each Eurodollar Loan incurred hereunder. Each such written notice or written confirmation of telephonic notice (each, each a “Notice of Borrowing”), except as otherwise expressly provided in Section 2.101.10, shall be irrevocable and shall be in writing, given by an Authorized Representative of the Borrower in the form of Exhibit A-1, appropriately completed to specify: (i) the aggregate principal amount of the Term Loans to be incurred pursuant to such Borrowing (stated in the Available Currency)Borrowing, (ii) the date of such Borrowing (which shall be a Business Day) and (iii) whether the Term Loans being incurred pursuant to such Borrowing are to be initially maintained as Base Rate Loans or, to the extent permitted hereunder, Eurodollar Loans and, if Eurodollar Loans, the initial Interest Period to be applicable thereto. The Facility Administrative Agent shall promptly give each Lender notice of such proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such the Lender’s proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Flowers Foods Inc)

Notice of Borrowing. Whenever a When the Borrower desires to incur Loans hereunderborrow under this Section 2.01, such the Borrower shall give the Facility Agent at the Notice Office (with a copy deliver to the Administrative Agent) at least Agent a Notice of Borrowing, signed by it, no later than 1:00 p.m. (x) four Business Days’ prior notice of each Australian Dollar Loan to be incurred hereunder, (y) three Business Days’ prior notice of each U.S. Dollar Loan and Euro Loan to be incurred hereunder and (z) one Business Day’s prior written notice of each Sterling Loan to be incurred hereunder; provided that any such notice shall be deemed to have been given on a certain day only if given before (x) 9:30 A.M. (London New York time) (i) on such daythe proposed Funding Date, in the case of Sterling Loans a Borrowing of Base Rate Loans, and (yii) 9:30 A.M. at least three (London time3) on such dayBusiness Days in advance of the proposed Funding Date, in the case of Australian Dollar a Borrowing of Eurodollar Rate Loans, U.S. Dollar ; provided that no Borrowing of Eurodollar Rate Loans and Euro Loansshall be made on the Closing Date. Each such notice (each, a “Such Notice of Borrowing”), except as otherwise expressly provided in Section 2.10, Borrowing shall be irrevocable and shall be in writing, in the form of Exhibit A-1, appropriately completed to specify: specify (i) the aggregate principal amount of the Loans to be incurred pursuant to such Borrowing (stated in the Available Currency), (ii) the date of such Borrowing proposed Funding Date (which shall be a Business Day), (ii) and the amount of the proposed Borrowing, (iii) whether the initial proposed Borrowing will be of Base Rate Loans or Eurodollar Rate Loans, and (iv) in the case of Eurodollar Rate Loans, the requested Eurodollar Interest Period to be applicable theretoPeriod. The Facility In lieu of delivering such a Notice of Borrowing, the Borrower may give the Administrative Agent shall promptly give each Lender telephonic notice of such any proposed Borrowing (with a copy by the time required under this Section 2.01(b) if it confirms such notice by delivery of the Notice of Borrowing to the Administrative Agent)Agent promptly, of such Lender’s proportionate share thereof and of but in no event later than 5:00 p.m. (New York time) on the other matters required by the immediately preceding sentence to be specified in the same day. Any Notice of BorrowingBorrowing (or telephonic notice in lieu thereof) given pursuant to this Section 2.01(b) shall be irrevocable.

Appears in 1 contract

Samples: Credit Agreement (Watson Pharmaceuticals Inc)

Notice of Borrowing. (a) Whenever a the Borrower desires to incur Loans hereunder, such an Authorized Representative of the Borrower shall give the Facility Administrative Agent at the Notice Office (with a copy to the Administrative Agenti) at least (x) four Business Days’ prior notice of each Australian Dollar Loan to be incurred hereunder, (y) three Business Days’ prior written notice (or telephonic notice promptly confirmed in writing) of each U.S. Dollar Loan and Euro Eurodollar Rate Loan to be incurred hereunder and (zii) one Business Day’s prior written notice on the same Business Day (or telephonic notice promptly confirmed in writing) of each Sterling Base Rate Loan to be incurred hereunder; , provided that (in each case) any such notice shall be deemed to have been given on a certain day only if given before 11:00 a.m. (x) 9:30 A.M. (London New York time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro Loans. Each such written notice or written confirmation of telephonic notice (each, a “Notice of Borrowing”), except as otherwise expressly provided in Section 2.102.09, shall be irrevocable and shall be given in writing, writing by the Borrower in the form of Exhibit A-1L, appropriately completed to specify: specify (i) the aggregate principal amount of the Loans to be incurred pursuant to such Borrowing (stated in the Available Currency)Borrowing, (ii) the date of such Borrowing (which shall be a Business Day) and ), (iii) the Type of Loans comprising such Borrowing, (iv) in the case of Eurodollar Rate Loans, the initial Interest Period to be applicable theretoto such Borrowing, and (v) to which account the proceeds of such Loans are to be deposited. The Facility Administrative Agent shall promptly give each Lender notice of such proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing. If the borrower fails to specify a Type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans.

Appears in 1 contract

Samples: Management Agreement (Pacific Drilling S.A.)

Notice of Borrowing. Whenever a Borrower desires to incur (a) In connection with its incurrence of Loans hereunderon the Closing Date, such the Borrower shall give the Facility Administrative Agent at the its Notice Office Office, prior to 12:00 Noon (with a copy to the Administrative Agent) New York time), at least (x) four Business Days’ prior notice of each Australian Dollar Loan to be incurred hereunder, (y) three Business Days' prior written notice (or telephonic notice promptly confirmed in writing) if any of each U.S. Dollar Loan and Euro Loan the Loans are to be initially incurred hereunder and (z) as Eurodollar Loans or at least one Business Day’s 's prior written notice of each Sterling Loan (or telephonic notice promptly confirmed in writing) if all Loans are to be initially incurred hereunder; provided that any such notice shall be deemed to have been given on a certain day only if given before (x) 9:30 A.M. (London time) on such day, in the case of Sterling Loans and (y) 9:30 A.M. (London time) on such day, in the case of Australian Dollar Loans, U.S. Dollar Loans and Euro as Base Rate Loans. Each such Such notice (each, a “the "Notice of Borrowing"), except as otherwise expressly provided in Section 2.101.10, shall be irrevocable irrevocable, and, in the case of a written notice and a confirmation of telephonic notice, shall be in writing, in the form of Exhibit A-1A hereto, appropriately completed to specify: specify (i) the aggregate principal amount of the Loans to be incurred made pursuant to such Borrowing (stated in the Available Currency)Borrowing, (ii) the date of such Borrowing (which shall be a Business Day) and (iii) whether the initial respective Borrowings shall consist of Base Rate Loans or Eurodollar Loans and, if Eurodollar Loans, the Interest Period to be initially applicable thereto. The Facility Administrative Agent shall promptly give each Lender Bank written notice (or telephonic notice promptly confirmed in writing) of such each proposed Borrowing (with a copy to the Administrative Agent)Borrowing, of such Lender’s Bank's proportionate share thereof and of the other matters required covered by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 1 contract

Samples: Agreement (Superior National Insurance Group Inc)

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