Common use of Procedure for Borrowing Clause in Contracts

Procedure for Borrowing. The Borrower may borrow under the Commitments during the Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice, which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to (a) 11:00 A.M., New York City time, two Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) 12:00 Noon, New York City time, on the requested Borrowing Date, in the case of ABR Loans. Each such notice shall specify (i) the amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether the borrowing is to be of Eurodollar Loans, ABR Loans, or a combination thereof and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective lengths of the initial Interest Periods therefor. Each borrowing under the Commitments shall be in an amount equal to (x) in the case of ABR Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (y) in the case of Eurodollar Loans, $10,000,000 or a whole multiple of $1,000,000 in excess thereof; provided that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of ABR Loans in other amounts pursuant to Section 2.20(b). Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 prior to 1:00 P.M., New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19.

Appears in 7 contracts

Samples: Credit Agreement, Credit Agreement (Southern California Edison Co), Credit Agreement (Southern California Edison Co)

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Procedure for Borrowing. The Borrower may borrow under the Commitments during the Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice, which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to (a) 11:00 A.M.12:30 P.M., New York City time, two three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) 12:00 Noon, New York City time, on the requested Borrowing Date, in the case of ABR Loans. Each such notice shall specify (i) the amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether the borrowing is to be of Eurodollar Loans, ABR Loans, or a combination thereof and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective lengths of the initial Interest Periods therefor. Each borrowing under the Commitments shall be in an amount equal to (x) in the case of ABR Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (y) in the case of Eurodollar Loans, $10,000,000 or a whole multiple of $1,000,000 in excess thereof; provided that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of ABR Loans in other amounts pursuant to Section 2.20(b)3.5. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 prior to 1:00 P.M., New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19.

Appears in 7 contracts

Samples: Credit Agreement (Southern California Edison Co), Credit Agreement (Edison International), Credit Agreement (Southern California Edison Co)

Procedure for Borrowing. (a) The Borrower may borrow under the Commitments Dollar Loans during the Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice, notice (which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to (a) 11:00 prior to 10:00 A.M., New York City time, two three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, Eurocurrency Loans or (b) 12:00 Noonprior to 11:00 A.M., New York City time, on the requested Borrowing Date, in the case of ABR Loans. Each such notice shall specify ), specifying (i) the amount and Type of Dollar Loans to be borrowed, (ii) the requested Borrowing Date, and (iii) whether in the borrowing is to be case of Eurodollar Eurocurrency Loans, ABR Loans, or a combination thereof the respective amounts of each such Type of Loan and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective lengths of the initial Interest Periods Period therefor. Any Dollar Loans made on the Closing Date shall initially be ABR Loans. Each borrowing of Dollar Loans under the Commitments shall be in an amount equal to (x) in the case of ABR Loans, $5,000,000 1,000,000 or a whole multiple of thereof (or, if the then aggregate Available Commitments are less than $1,000,000 in excess thereof 1,000,000, such lesser amount) and (y) in the case of Eurodollar Eurocurrency Loans, $10,000,000 or a whole multiple of $1,000,000 in excess thereof; provided that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of ABR Loans in other amounts pursuant to Section 2.20(b). Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 Funding Office prior to 1:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office Office with the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19.

Appears in 4 contracts

Samples: Credit Agreement (Thermo Electron Corp), Day Credit Agreement (Thermo Electron Corp), Credit Agreement (Thermo Electron Corp)

Procedure for Borrowing. The Borrower may borrow under the Revolving Credit Commitments during the Revolving Credit Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice, notice (which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to (a) 11:00 A.M., New York City time, two three Business Days prior to the requested Borrowing Date, in if all or any part of the case of requested Loans are to be initially Eurodollar Loans, or (b) 12:00 Noon11:00 A.M., New York City time, on the requested Borrowing Date, Date in the case of ABR Loans. Each such notice shall specify a Base Rate Loan other than a Swing Line Loan), specifying (i) the amount to be borrowedborrowed of each Type of Loan, (ii) the requested Borrowing Date, (iii) whether the borrowing is to be of Eurodollar Loans, ABR Loans, Base Rate Loans or a combination thereof and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective lengths of the initial Interest Periods therefor. Each borrowing under the Commitments shall be in an amount equal to (x) in the case of ABR Base Rate Loans (other than Swing Line Loans or Refunded Swing Line Loans), $2,000,000 or a whole multiple of $100,000 in excess thereof (or, if the then Available Commitments are less than $2,000,000, such lesser amount), (y) in the case of Swing Line Loans, as provided in subsection 2.1(b)(i) and (z) in the case of Eurodollar Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (y) in the case of Eurodollar Loans, $10,000,000 or a whole multiple of $1,000,000 100,000 in excess thereof; provided that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of ABR Loans in other amounts pursuant to Section 2.20(b). Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 subsection 10.2 prior to 1:00 11:00 A.M., New York City time (in the case of Eurodollar Loans) or 2:30 P.M., New York City timetime (in the case of Base Rate Loans), on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting in accordance with the account of the Borrower on the books of such office Borrower's payment instructions with the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted . All notices given by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall Borrower under this subsection 2.2 may be made as provided by telephonic notice promptly confirmed in Section 2.19writing.

Appears in 4 contracts

Samples: Credit Agreement (L 3 Communications Corp), Credit Agreement (L 3 Communications Corp), Credit Agreement (Southern California Microwave Inc)

Procedure for Borrowing. The Borrower Borrowers may borrow under the Commitments during the Commitment Period on any Business Day, provided that the Borrower Borrower’s Representative shall give the Administrative Agent irrevocable notice, notice (which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to (a) 11:00 A.M.12:00 noon, New York City time, two (a) three Business Days prior to the requested Borrowing Date, in if all or any part of the case of requested Loans initially are to be Eurodollar Loans, Loans or (b) 12:00 Noon, New York City time, on the requested Borrowing Date, in Date if the case of requested Loans are ABR Loans. Each such notice shall specify ), specifying (i) the amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether the borrowing is to be of Eurodollar Loans, ABR Loans, Loans or a combination thereof and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Periods therefor. Each borrowing under the Commitments shall be in an amount equal to (x) in the case of ABR Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof (or, if the then Available Commitments, or the amount of outstanding Eurodollar Loans after any repayment of any Eurodollar Loans, are less than $5,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $10,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of ABR Loans in other amounts pursuant to Section 2.20(b). Upon receipt of any such notice from the Borrower’s Representative, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 subsection 11.2 prior to 1:00 P.M.11:00 A.M., New York City time, on the Borrowing Date requested by the Borrower Borrower’s Representative in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower Borrowers by the Administrative Agent crediting the account of the Borrower on Borrowers specified in the books of such office borrowing notice with the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19.

Appears in 4 contracts

Samples: Credit Agreement (El Paso CGP Co), Credit Agreement (El Paso Corp/De), Credit Agreement (El Paso Production Holding Co)

Procedure for Borrowing. The Any Borrower may borrow under the Commitments during the Commitment Period on any Business Day, provided that the Borrower Representative shall give the Administrative Agent irrevocable notice, notice (which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to (a) 11:00 A.M., New York City time, two (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) 12:00 Noon, New York City time, on the requested Borrowing Date, in the case of ABR Loans. Each such notice shall specify ) substantially in the form of Exhibit M, specifying (i) the amount and Type of Loans to be borrowed, (ii) the requested Borrowing Date, (iii) whether in the borrowing is to be of Eurodollar Loans, ABR Loans, or a combination thereof and (iv) if the borrowing is to be entirely or partly case of Eurodollar Loans, the respective lengths length of the initial Interest Periods thereforPeriod therefor and (iv) the name of the applicable Borrower. Any Loans made on the Closing Date shall initially be ABR Loans. Each borrowing under the Commitments shall be in an amount equal to (x) in the case of ABR Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof (or, if the then aggregate Available Commitments are less than $5,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $10,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of ABR Loans in other amounts pursuant to Section 2.20(b). Upon receipt of any such notice from the BorrowerBorrower Representative, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the applicable Borrower at the office of the Administrative Agent specified in Section 9.2 Funding Office prior to 1:00 2:00 P.M., New York City time, on the Borrowing Date requested by the Borrower Representative in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower Representative by the Administrative Agent crediting the account of the Borrower Representative on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent. Each Lender may, at its option, make any Loan available to any Foreign Borrower by causing any foreign or domestic branch or Affiliate of such Lender to make such Loan; provided that (x) Loans made any exercise of such option shall not affect the obligation of such Foreign Borrower to finance repay such Loan in accordance with the reimbursement terms of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19this Agreement.

Appears in 4 contracts

Samples: Credit Agreement (Aspen Insurance Holdings LTD), Credit Agreement (Aspen Insurance Holdings LTD), Credit Agreement (Aspen Insurance Holdings LTD)

Procedure for Borrowing. The Borrower may borrow under the Commitments during the Commitment Period on any Business Day, provided that the Borrower Each Loan shall give the Administrative Agent be made upon irrevocable notice, notice (which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to (a) 11:00 A.M., New York City time, two three Business Days prior to the requested Borrowing Date, in the case of Eurodollar LoansLoans (or, with respect to any Eurodollar Loans to be made on the Closing Date, such shorter time period as may be agreed by the Administrative Agent) or (b) 12:00 Noon11:00 A.M., New York City time, on the requested Borrowing Date, in the case of ABR Loans. Each such notice shall specify ), specifying (i) the amount and Type of Loans to be borrowed, (ii) the requested Borrowing Date, Date and (iii) whether in the borrowing is to be of Eurodollar Loans, ABR Loans, or a combination thereof and (iv) if the borrowing is to be entirely or partly case of Eurodollar Loans, the respective lengths of the initial Interest Periods Period therefor. Each borrowing under the Commitments shall be in an amount equal to (x) in the case of ABR Loans, $5,000,000 1,000,000 or a whole multiple of $1,000,000 in excess thereof (or if less, the then remaining unfunded Commitment) and (y) in the case of Eurodollar Loans, $10,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of ABR Loans in other amounts pursuant to Section 2.20(b). Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share Applicable Percentage of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 Funding Office prior to 1:00 P.M., New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19.

Appears in 4 contracts

Samples: Day Term Loan Agreement (Xcel Energy Inc), Loan Agreement (Xcel Energy Inc), Day Term Loan Agreement (Xcel Energy Inc)

Procedure for Borrowing. The Borrower may borrow under the Commitments during the Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice, notice (which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to (a) 11:00 A.M., New York City time, two three Business Days prior to the requested Borrowing Date, in if all or any part of the case of requested Loans are to be initially Eurodollar Loans, or (b) 12:00 Noon11:00 A.M., New York City time, on the requested Borrowing Date, Date in the case of ABR Loans. Each such notice shall specify a Swing Line Loan or a Base Rate Loan), specifying (i) the amount to be borrowedborrowed of each Type of Loan, (ii) the requested Borrowing Date, (iii) whether the borrowing is to be of Eurodollar Loans, ABR Loans, Base Rate Loans or a combination thereof and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective lengths of the initial Interest Periods therefor. Each borrowing under the Commitments shall be in an amount equal to (x) in the case of ABR Base Rate Loans (other than Swing Line Loans), $2,000,000 or a whole multiple of $500,000 in excess thereof (or, if the then Available Commitments are less than $2,000,000, such lesser amount), (y) in the case of Swing Line Loans, as provided in subsection 2.1(b)(i) and (z) in the case of Eurodollar Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (y) in the case of Eurodollar Loans, $10,000,000 or a whole multiple of $1,000,000 in excess thereof; provided that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of ABR Loans in other amounts pursuant to Section 2.20(b). Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 prior to 1:00 P.M., New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19.subsection

Appears in 4 contracts

Samples: Credit Agreement (L 3 Communications Holdings Inc), Credit Agreement (Southern California Microwave Inc), Credit Agreement (L 3 Communications Corp)

Procedure for Borrowing. (a) The Borrower may borrow under the Revolving Credit Commitments during (subject to the Commitment Period on any Business Day, provided that limitations in Section 2.01(a)) or the Borrower shall give Term B Commitments by giving the Administrative Agent irrevocable noticenotice substantially in the form of Exhibit B (a "Borrowing Request"), which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to (a) 11:00 A.M.a.m., New York City time, two three Business Days prior to the requested Borrowing Date, in the case of a Eurodollar LoansBorrowing, or (b) 12:00 Noon11:00 a.m., New York City time, on the Business Day prior to the requested Borrowing Date, in the case of an ABR LoansBorrowing. Each such notice The Borrowing Request for each Borrowing shall specify (i) whether the requested Borrowing is to be a Revolving Credit Borrowing or a Term B Borrowing, (ii) the amount to be borrowed, (iiiii) the requested Borrowing Date (which must be the Effective Date, in the case of a Term B Borrowing), (iiiiv) whether the borrowing Borrowing is to be of Eurodollar Loans or ABR Loans, (v) if the Borrowing is to be of Eurodollar Loans, ABR Loans, or a combination thereof and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective lengths length of the initial Interest Periods Period therefor. Each borrowing under the Commitments shall be in an amount equal to (x) in the case of ABR Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (yvi) in the case of Eurodollar Loans, $10,000,000 or a whole multiple of $1,000,000 in excess thereof; provided that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 location and (ii) any Swingline Lender may request, on behalf number of the Borrower's account to which funds are to be disbursed, borrowings which shall comply with the requirements of ABR Loans in other amounts pursuant to Section 2.20(b)this Agreement. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available If no election as to the Administrative Agent for Type of Borrowing is specified, then the account of requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower at the office of the Administrative Agent specified in Section 9.2 prior to 1:00 P.M., New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent deemed to the applicable Issuing Lender and (y) Loans made to finance the reimbursement have selected an Interest Period of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19one month's duration.

Appears in 3 contracts

Samples: Credit Agreement (Seminis Inc), Credit Agreement (Seminis Inc), Credit Agreement (Seminis Inc)

Procedure for Borrowing. The Borrower may borrow under the Commitments during the Commitment Period Loans on any Business Day, ; provided that the Borrower shall give notify the Administrative Agent irrevocable notice, which notice must be executed by a Responsible Officer telephone of the Borrower and received by Borrowing (the Administrative Agent prior to (a“Borrowing Request”) not later than 11:00 A.M.a.m., New York City time, two time (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or and (b) 12:00 Noon, New York City time, on the requested Borrowing Date, in the case of ABR Alternate Base Rate Loans. Each telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by either hand delivery (including overnight courier), facsimile or e-mail electronic transmission to the Administrative Agent of a written Borrowing Request, substantially in the form of Exhibit A attached hereto or such notice other form as may be approved by the Administrative Agent, signed by the Borrower. Each such telephonic and written Borrowing Request shall specify (i) the amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether the borrowing Borrowing is to be consist of Eurodollar Loans, ABR Alternate Base Rate Loans, or a combination thereof and (in each case stating the amounts requested), (iv) if in the borrowing is to be entirely or partly case of Eurodollar Loans, the respective lengths length of the initial Interest Periods Period(s) therefor, and (v) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.12. Each borrowing under the Commitments Borrowing shall be in an aggregate principal amount equal not less than the lesser of (i) (A) with respect to (x) in the case of ABR Eurodollar Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof thereof, and (yB) in the case of Eurodollar with respect to Alternate Base Rate Loans, $10,000,000 500,000 or a whole multiple of $1,000,000 100,000 in excess thereof; provided that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 , and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of ABR Loans in other amounts pursuant to Section 2.20(b)then unused Commitments. Upon receipt of any such notice from the Borrowernotice, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing Borrowing available to the Administrative Agent for the account of the Borrower at the office in accordance with Section 2.12. The proceeds of the Administrative Agent specified in Section 9.2 prior to 1:00 P.M., New York City time, on the each such Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing of Revolving Loans will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office in accordance with the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.192.12.

Appears in 3 contracts

Samples: Assignment and Assumption (Questar Corp), 364 Day Revolving Credit Agreement (Questar Corp), Revolving Credit Agreement (Questar Corp)

Procedure for Borrowing. The Borrower may borrow under the Commitments during the Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice, which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to (a) 11:00 A.M., New York City time, two twothree Business Days prior to the requested Borrowing Date, in the case of Eurodollar EurodollarTerm Benchmark Loans, or (b) 12:00 Noon1:00 P.M., New York City time, on the requested Borrowing Date, in the case of ABR Loans. Each such notice shall specify (i) the amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether the borrowing is to be of Eurodollar EurodollarTerm Benchmark Loans, ABR Loans, or a combination thereof and (iv) if the borrowing is to be entirely or partly of Eurodollar EurodollarTerm Benchmark Loans, the respective lengths of the initial Interest Periods therefor. Each borrowing under the Commitments shall be in an amount equal to (x) in the case of ABR Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (y) in the case of Eurodollar EurodollarTerm Benchmark Loans, $10,000,000 or a whole multiple of $1,000,000 in excess thereof; provided that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of ABR Loans in other amounts pursuant to Section 2.20(b)3.5. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 prior to 1:00 3:00 P.M., New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19.

Appears in 3 contracts

Samples: Credit Agreement, Credit Agreement (SOUTHERN CALIFORNIA EDISON Co), Credit Agreement (SOUTHERN CALIFORNIA EDISON Co)

Procedure for Borrowing. The Borrower may borrow under the Revolving 364 Day Commitments during the Revolving 364 Day Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice, notice (which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to (a) 11:00 A.M., New York City time, two three Business Days prior to the requested Borrowing Date, in if all or any part of the case of requested Loans are to be initially Eurodollar Loans, or (b) 12:00 Noon11:00 A.M., New York City time, on the requested Borrowing Date, Date in the case of ABR Loans. Each such notice shall specify a Base Rate Loan), specifying (i) the amount to be borrowedborrowed of each Type of Loan, (ii) the requested Borrowing Date, (iii) whether the borrowing is to be of Eurodollar Loans, ABR Loans, Base Rate Loans or a combination thereof and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective lengths of the initial Interest Periods therefor. Each borrowing under the Commitments shall be in an amount equal to (x) in the case of ABR Base Rate Loans, $5,000,000 2,000,000 or a whole multiple of $1,000,000 100,000 in excess thereof (or, if the then Available Commitments are less than $2,000,000, such lesser amount), and (y) in the case of Eurodollar Loans, $10,000,000 5,000,000 or a whole multiple of $1,000,000 100,000 in excess thereof; provided that the Borrower may nevertheless borrow amounts below such minimum amounts in clauses (x) or (y) above solely for the purpose of (i) a borrowing under converting Revolving 364 Day Loans into Term Loans on the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and Revolving 364 Day Termination Date, (ii) repaying Revolving 364 Day Loans owing to any Swingline Lender may request, Nonconsenting Lenders on behalf of the Borrower, borrowings of ABR Loans in other amounts Revolving 364 Day Termination Date and (iii) funding any scheduled amortization payment pursuant to Section 2.20(b)subsection 2.5(b) in respect of any Term Loans then outstanding. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 subsection 10.2 prior to 1:00 11:00 A.M., New York City time (in the case of Eurodollar Loans) or 2:30 P.M., New York City timetime (in the case of Base Rate Loans), on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting in accordance with the account of the Borrower on the books of such office Borrower's payment instructions with the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted . All notices given by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall Borrower under this subsection 2.2 may be made as provided by telephonic notice promptly confirmed in Section 2.19writing.

Appears in 3 contracts

Samples: Credit Agreement (L 3 Communications Corp), Subsidiary Guarantee Agreement (L 3 Communications Corp), L 3 Communications Corp

Procedure for Borrowing. The Borrower may borrow under the Commitments during on the Commitment Period on any Business DayClosing Date, provided that the Borrower shall give the Administrative Agent irrevocable notice, substantially in the form of Exhibit G, which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to (a) 11:00 A.M.12:00 P.M., New York City time, two Business Days prior to in the requested Borrowing Datecase of ABR Loans, on the Closing Date or, in the case of Eurodollar Loans, or (b) 12:00 Noon, New York City time, on three Business Days prior to the requested Borrowing Closing Date, in the each case of ABR Loans. Each such notice shall specify specifying (i) the amount to be borrowed, (ii) the requested Borrowing Date (which, for the avoidance of doubt, will be the Closing Date), (iii) whether the borrowing is to be of Eurodollar Loans, ABR Loans, Loans or a combination thereof and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective lengths amount of such Type of Loan and the length of the initial Interest Periods Period therefor. Each The borrowing under the Commitments shall be in an amount equal to (x) in the case of ABR Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (y) in the case of Eurodollar Loans, $10,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of ABR Loans in other amounts pursuant to Section 2.20(b). Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Prior to (x) with respect to Eurodollar Loans, 10:00 A.M., New York City time, or (y) with respect to ABR Loans, 2:00 P.M., New York City time, on the Borrowing Date requested by the Borrower, each Lender will make an amount equal to its Commitment Percentage of the principal amount of its pro rata share of each borrowing the Loans requested to be made on such Borrowing Date available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 prior to 1:00 P.M., New York City time, on the Borrowing Date requested writing by the Borrower Administrative Agent to the Lenders in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19.

Appears in 3 contracts

Samples: Term Loan Credit Agreement (Boston Scientific Corp), Term Loan Credit Agreement (Boston Scientific Corp), Term Loan Credit Agreement (Boston Scientific Corp)

Procedure for Borrowing. The Borrower Company may borrow under the Commitments during the Commitment Period on any Business Day, provided that the Borrower Company shall give deliver to the Administrative Agent irrevocable notice, a Borrowing Certificate (which notice certificate to be effective on the requested Borrowing Date must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to (a) 11:00 A.M.prior to 12:00 noon, New York City time, two three Business Days prior to the requested Borrowing Date, in if all or any part of the case of requested Revolving Credit Loans are to be initially Eurodollar Loans, or (b) prior to 10:00 A.M., London, England time, four Business Days prior to the requested Borrowing Date, if all or any part of the requested Revolving Credit Loans are to be Foreign Currency Loans and (c) prior to 12:00 Noonnoon, New York City time, on the requested Borrowing Date, in the case of ABR Loans. Each such notice shall specify otherwise), specifying (i) the amount to be borrowed, (ii) the currency to be borrowed, (iii) the requested Borrowing Date, (iiiiv) whether the borrowing is to be of Eurodollar Loans, ABR Loans, Loans or a combination thereof (if the borrowing is to be denominated in a Foreign Currency, the borrowing must be comprised entirely of Eurodollar Loans) and (ivv) if the borrowing is to be entirely or partly of Eurodollar Loans, the aggregate amount of such Eurodollar Loans and the amounts of each such Eurodollar Loan and the respective lengths length of the initial Interest Periods Period therefor. Each borrowing under the Commitments shall be in an amount a Dollar Amount equal to (x) in the case of ABR Loans other than a Swing Line Loan, $5,000,000 or a whole multiple of $1,000,000 in excess thereof (or, if the then Available Commitments are less than $5,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (y) in the case of Eurodollar Loans, $10,000,000 or a whole multiple of $1,000,000 in excess thereof; provided that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of ABR Loans in other amounts pursuant to Section 2.20(b). Upon receipt of any such notice from the Borrowera Borrowing Certificate, the Administrative Agent shall promptly notify each Lender Bank thereof. Each Lender Bank will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower Company at the applicable office of the Administrative Agent specified in Section subsection 9.2 or such other office specified by the Administrative Agent from time to time prior to 1:00 (a) 2:00 P.M., New York City timetime in the case of ABR Loans and 11:00 A.M., New York City time in the case of Eurodollar Loans denominated in Dollars and (b) the Applicable Time specified by the Administrative Agent in the case of any Foreign Currency Loan, on the Borrowing Date requested by the Borrower Company in Dollars or the applicable Foreign Currency and in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower Company by the Administrative Agent crediting the account of the Borrower Company on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof Banks and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19.

Appears in 3 contracts

Samples: Credit Agreement (Western Union CO), Credit Agreement (Western Union CO), Credit Agreement (First Data Corp)

Procedure for Borrowing. The Borrower may borrow under the Commitments during the Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice, notice (which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to (a) 11:00 A.M.4:00 P.M., New York City time, two (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) 12:00 Noon, New York City time, on one Business Day prior to the requested Borrowing Date, in the case of ABR Loans. Each ) (provided that any such notice shall specify of a borrowing of ABR Loans to finance payments required by Section 3.5 may be given not later than 11:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount and Type of Loans to be borrowed, (ii) the requested Borrowing Date, Date and (iii) whether in the borrowing is to be case of Eurodollar Loans, ABR Loans, or a combination thereof the respective amounts of each such Type of Loan and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective lengths of the initial Interest Periods Period therefor. Each borrowing under the Commitments shall be in an amount equal to (x) in the case of ABR Loans, $1,000,000 or a whole multiple thereof (or, if the then aggregate Available Commitments are less than $1,000,000, such lesser amount), (y) in the case of Eurodollar Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (yz) in the case of Eurodollar Competitive Loans, $10,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided provided, that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of under the Commitments that are ABR Loans in other amounts pursuant to Section 2.20(b)2.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 Funding Office prior to 12:00 Noon (or, in the case of same-day borrowings of ABR Loans to finance payments required by Section 3.5, 1:00 P.M.), New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent not later than 4:00 P.M. (or in the case of same-day borrowings of ABR Loans to finance payments required by Section 3.5, 1:00 P.M.), New York City time on such Borrowing Date crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19.

Appears in 3 contracts

Samples: Credit Agreement (Air Lease Corp), Credit Agreement (Air Lease Corp), Credit Agreement (Air Lease Corp)

Procedure for Borrowing. The Borrower may borrow under the Commitments during the Commitment Period on any Business DayIn order to effect a borrowing hereunder, provided that the Borrower shall give the Administrative Agent irrevocable notice, a Notice of Borrowing (which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to (a) 11:00 A.M.1:00 P.M., New York City time, two (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) 12:00 Noon, New York City time, on one Business Day prior to the requested Borrowing Date, in the case of ABR Loans. Each ) (provided that any such notice shall specify Notice of Borrowing of ABR Loans under the Revolving Facility to finance payments required by Section 3.5 may be given not later than 1:00 P.M. New York City time, on the date of the proposed borrowing), specifying (i) the amount Facility under which such Loan is to be borrowed, (ii) the requested Borrowing Dateamount and Type of Loans to be borrowed, (iii) whether the borrowing is to be requested Borrowing Date and (iv) in the case of Eurodollar Loans, ABR Loans, or a combination thereof the respective amounts of each such Type of Loan and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective lengths of the initial Interest Periods Period therefor. Each borrowing under the Commitments shall be in an aggregate amount equal to (x) in the case of ABR Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof (or, if the then aggregate relevant Available Revolving Commitments are less than $5,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $10,000,000 or a whole multiple of $1,000,000 in excess thereof; provided provided, that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.20(b)2.5. Upon receipt of any such notice Notice of Borrowing from the Borrower, the Administrative Agent shall promptly notify each relevant Lender thereof. Each relevant Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 Funding Office prior to 1:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent; provided that, in the event that any Lender fails to make available to the Administrative Agent any portion of such amount prior to 12:30 P.M. New York City time on the relevant Borrowing Date, the Borrower shall be deemed to have provided notice to the Swingline Lender in accordance with Section 2.5 requesting a Swingline Loan in an amount equal to the aggregate amount of any such shortfall, rounded up to the applicable whole multiple of $500,000 (but in no event exceeding, together with all outstanding Swingline Loans, the Swingline Commitment). Such borrowing (including any such Swingline Loan) will then be made available not later than 1:00 P.M., New York City time, to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the relevant Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19.

Appears in 2 contracts

Samples: Credit Agreement (Charter Communications Inc /Mo/), Credit Agreement (CCH Ii Capital Corp)

Procedure for Borrowing. The Borrower may borrow under the Commitments during the Commitment Period on any Business DayIn order to effect a borrowing hereunder, provided that the Borrower shall give notice to the Administrative Agent irrevocable noticeAgent, which may be given by: (A) telephone or (B) a Notice of Borrowing (which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to (a) 11:00 A.M.1:00 P.M., New York City time, two (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) 12:00 Noon, New York City time, on one Business Day prior to the requested Borrowing Date, in the case of ABR Loans. Each ) (provided that any such Notice of Borrowing of ABR Loans under the Revolving Facility to finance payments required by Section 3.5 may be given not later than 1:00 P.M. New York City time, on the date of the proposed borrowing and, provided, further, that any telephonic notice shall specify must be confirmed immediately by delivery to the Administrative Agent of a Notice of Borrowing), specifying (i) the amount Class of Loan to be borrowed, (ii) the requested Borrowing Dateamount and Type of Loans to be borrowed, (iii) whether the borrowing is to be requested Borrowing Date and (iv) in the case of Eurodollar Loans, ABR Loans, or a combination thereof the respective amounts of each such Type of Loan and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective lengths of the initial Interest Periods Period therefor. Each borrowing under the Commitments shall be in an aggregate amount equal to (x) in the case of ABR Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof (or, if the then aggregate relevant Available Revolving Commitments are less than $5,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $10,000,000 or a whole multiple of $1,000,000 in excess thereof; provided provided, that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.20(b)2.5. Upon receipt of any such notice Notice of Borrowing from the Borrower, the Administrative Agent shall promptly notify each relevant Lender thereof. Each relevant Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent (in the case of any Revolving Loan, based on respective Revolving Percentages of the Revolving Lenders) for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 Funding Office prior to 1:00 10:00 A.M., New York City time (or 2:00 P.M., New York City timetime in respect of ABR Loans under the Revolving Facility to finance payments required by Section 3.5), on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent; provided that, in the event that any Revolving Lender fails to make available to the Administrative Agent any portion of such amount prior to 10:30 A.M. New York City time (or 2:30 P.M., New York City time in respect of ABR Loans under the Revolving Facility to finance payments required by Section 3.5) on the relevant Borrowing Date, the Borrower shall be deemed to have provided notice to the Swingline Lender in accordance with Section 2.5 requesting a Swingline Loan in an amount equal to the aggregate amount of any such shortfall, rounded up to the applicable whole multiple of $500,000 (but in no event exceeding, together with all outstanding Swingline Loans, the Swingline Commitment). Such borrowing (including any such Swingline Loan) will then be made available not later than 11:00 A.M., New York City time (or 3:00 P.M., New York City time in respect of ABR Loans under the Revolving Facility to finance payments required by Section 3.5), to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the relevant Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19.

Appears in 2 contracts

Samples: Guarantee and Collateral Agreement (Cco Holdings LLC), Guarantee and Collateral Agreement (Cco Holdings LLC)

Procedure for Borrowing. The Borrower may borrow under the Commitments during the Commitment Period Loans on any Business Day, ; provided that the Borrower shall give notify the Administrative Agent irrevocable notice, which notice must be executed by a Responsible Officer telephone of the Borrower and received by Borrowing (the Administrative Agent prior to (a“Borrowing Request”) 11:00 A.M.not later than 10:00 a.m., New York City time, two time (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or and (b) 12:00 Noon, New York City time, on the requested Borrowing Date, in the case of ABR Alternate Base Rate Loans. Each telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Each such notice telephonic and written Borrowing Request shall specify (i) the amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether the borrowing Borrowing is to be consist of Eurodollar Loans, ABR Alternate Base Rate Loans, or a combination thereof (in each case stating the amounts and currency requested), (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective lengths of the initial Interest Periods therefor. Each borrowing under the Commitments shall be in an amount equal to (x) in the case of ABR Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (y) in the case of Eurodollar Loans, the length of the Interest Period(s) therefor, and (v) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.12. Each Borrowing shall be in an aggregate principal amount not less than the lesser of (i) $10,000,000 or a whole multiple of $1,000,000 5,000,000 in excess thereof; provided that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 , and (ii) any Swingline Lender may request, on behalf of the then unused Commitments available to the Borrower, borrowings of ABR Loans in other amounts pursuant to Section 2.20(b). Upon receipt of any such notice from the Borrowernotice, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing Borrowing available to the Administrative Agent for the account of the Borrower at the office in accordance with Section 2.12. The proceeds of the Administrative Agent specified in Section 9.2 prior to 1:00 P.M., New York City time, on the each such Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing of Revolving Loans will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office in accordance with the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.192.12.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Western Gas Partners LP), Revolving Credit Agreement (Western Gas Partners LP)

Procedure for Borrowing. The (a) Subject to the terms and conditions hereof, Borrower may borrow under the Commitments during the Commitment Period on any Business Day; provided that, provided that the with respect to any borrowing, Borrower shall give the Administrative Agent (or, with respect to Swing Line Loans, the Swing Line Lender) irrevocable notice, notice substantially in the form of Exhibit Q (which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to 12:00 noon (aor, with respect to Swing Line Loans, 1:00 p.m.) 11:00 A.M., New York City time, two (i) three Business Days prior to the requested Borrowing DateDate if all or any part of the Loans are to be Eurodollar Loans and (ii) one Business Day prior to the requested Borrowing Date (or, in the case of Eurodollar LoansSwing Line Loans and, or (b) 12:00 Noonif the Closing Date occurs on the date this Agreement is executed and delivered, New York City timeLoans made on the Closing Date, on the requested Borrowing Date, in the case of ABR Loans. Each such notice shall specify (i) the amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether if the borrowing is to be solely of Alternate Base Rate Loans) and in either case specifying (a) the amount of the borrowing, (b) whether such Loans are initially to be Eurodollar Loans, ABR Loans, Loans or Alternate Base Rate Loans or a combination thereof and thereof, (ivc) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective lengths length of the initial Interest Periods therefor. Each borrowing under the Commitments shall be in an amount equal to (x) in the case of ABR Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof Period for such Eurodollar Loans and (yd) in whether the case of Eurodollar LoansLoan is a Term Loan, $10,000,000 a Swing Line Loan or a whole multiple of $1,000,000 in excess thereof; provided that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of ABR Loans in other amounts pursuant to Section 2.20(b)Revolving Credit Loan. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each affected Lender thereof. Each Not later than 12:00 noon on the Borrowing Date specified in such notice, each affected Lender will shall make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 prior to 1:00 P.M., New York City time, on subsection 11.2 (or at such other location as the Borrowing Date requested by the Borrower Administrative Agent may direct) an amount in funds immediately available funds equal to the Administrative Agent. Such borrowing amount of the Loan to be made by such Lender (except that proceeds of Swing Line Loans will then be made available to the Borrower in accordance with subsection 3.4(a)). Loan proceeds received by the Administrative Agent crediting hereunder shall promptly be made available to Borrower in immediately available funds to be delivered by wire transfer to the account of account(s) designated by Borrower in the Borrower on the books of such office applicable borrowing notice, with the aggregate of the amounts made available to amount actually received by the Administrative Agent by from the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19.

Appears in 2 contracts

Samples: Credit Agreement (Language Line Holdings, Inc.), Credit Agreement (Language Line Costa Rica, LLC)

Procedure for Borrowing. The Borrower may borrow under the Commitments during the Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice, which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to (a) 11:00 A.M., New York City time, two three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Term Benchmark Loans, or (b) 12:00 Noon1:00 P.M., New York City time, on the requested Borrowing Date, in the case of ABR Loans. Each such notice shall specify (i) the amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether the borrowing is to be of Eurodollar Term Benchmark Loans, ABR Loans, or a combination thereof and (iv) if the borrowing is to be entirely or partly of Eurodollar Term Benchmark Loans, the respective lengths of the initial Interest Periods therefor. Each borrowing under the Commitments shall be in an amount equal to (x) in the case of ABR Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (y) in the case of Eurodollar Term Benchmark Loans, $10,000,000 or a whole multiple of $1,000,000 in excess thereof; provided that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of ABR Loans in other amounts pursuant to Section 2.20(b)3.5. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 prior to 1:00 3:00 P.M., New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19.

Appears in 2 contracts

Samples: Credit Agreement, Credit Agreement

Procedure for Borrowing. (a) The Borrower Borrowers may borrow under the ----------------------- Commitments during the Revolving Credit Commitment Period on any Business Day, provided that that, with respect to any borrowing, the Borrower Company, as agent for the -------- Borrowers, shall give the Administrative Agent irrevocable notice, notice (which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to 10:00 a.m. (a) 11:00 A.M.or, with respect to Swing Line Loans, 3:00 p.m.), New York City time, two (i) three Business Days prior to the requested Borrowing DateDate if all or any part of the Loans are to be Eurodollar Loans and (ii) one Business Day prior to the requested Borrowing Date (or, in the case of Eurodollar LoansSwing Line Loans and, or (b) 12:00 Noonif the Closing Date occurs on the date this Agreement is executed and delivered, New York City timeLoans made on the Closing Date, on the requested Borrowing Date, in the case of ABR Loans. Each such notice shall specify (i) the amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether if the borrowing is to be solely of Alternate Base Rate Loans) and specifying (A) the amount of the borrowing, (B) whether such Loans are initially to be Eurodollar Loans, ABR Loans, Loans or Alternate Base Rate Loans or a combination thereof and thereof, (ivC) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective lengths length of the initial Interest Periods therefor. Each borrowing under the Commitments shall be in an amount equal to (x) in the case of ABR Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (y) in the case of Period for such Eurodollar Loans, $10,000,000 (D) whether the Loan is a Swing Line Loan or a whole multiple of $1,000,000 in excess thereof; provided that Revolving Credit Loan, (iE) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 requested Borrowing Date and (iiF) any Swingline Lender may request, on behalf of the Borrower, borrowings of ABR Loans in other amounts pursuant Borrower with respect to Section 2.20(b)such borrowing. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereofLender. Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 prior to 1:00 P.M.Not later than 12:00 noon, New York City time, on the Borrowing Date requested by the Borrower specified in funds immediately such notice, each Lender shall make available to the Administrative Agent. Such borrowing Agent at the office of the Administrative Agent specified in subsection 9.2 (or at such other location as the Administrative Agent may direct) an amount in immediately available funds equal to the amount of the Loan to be made by such Lender (except that proceeds of Swing Line Loans will then be made available to the Borrower Company in accordance with subsection 2.4(a)). Loan proceeds received by the Administrative Agent hereunder shall promptly be made available to the Company, by the Administrative Agent's crediting the account of the Borrower on Company, at the books office of such office the Administrative Agent specified in subsection 9.2, with the aggregate of the amounts made available to amount actually received by the Administrative Agent by from the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19.

Appears in 2 contracts

Samples: Credit Agreement (Harborside Healthcare Corp), Credit Agreement (Sailors Inc)

Procedure for Borrowing. The Borrower may borrow under the Commitments during the Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice, notice (which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to (a) 11:00 A.M.prior to 4:00 P.M., New York City time, two (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) 12:00 Noonone Business Day prior to 1:00 P.M., New York City time, time on the requested Borrowing Date, in the case of ABR Loans. Each ) (provided that any such notice shall specify of a borrowing of ABR Loans to finance payments required by Section 3.5 may be given not later than 11:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount and Type of Loans to be borrowed, (ii) the requested Borrowing Date, Date and (iii) whether in the borrowing is to be case of Eurodollar Loans, ABR Loans, or a combination thereof the respective amounts of each such Type of Loan and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective lengths of the initial Interest Periods Period therefor. Each borrowing under the Commitments shall be in an amount equal to (x) in the case of ABR Loans, $1,000,000 or a whole multiple thereof (or, if the then aggregate Available Commitments are less than $1,000,000, such lesser amount), (y) in the case of Eurodollar Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (yz) in the case of Eurodollar Competitive Loans, $10,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided provided, that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of under the Commitments that are ABR Loans in other amounts pursuant to Section 2.20(b)2.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 Funding Office prior to 12:00 Noon3:00 P.M. (or, in the case of same-day borrowings of ABR Loans to finance payments required by Section 3.5, 1:00 P.M.), New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent not later than 4:003:30 P.M. (or in the case of same-day borrowings of ABR Loans to finance payments required by Section 3.5, 1:00 P.M.), New York City time on such Borrowing Date crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19.

Appears in 2 contracts

Samples: Credit Agreement (Air Lease Corp), Credit Agreement (Air Lease Corp)

Procedure for Borrowing. (a) The Borrower may borrow under the Commitments during the Commitment Period on any Business DayDay that an Advance may be requested pursuant to the terms of Section 5.2 of the Participation Agreement, provided provided, that the Borrower shall give the Administrative Agent irrevocable notice, notice (which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to (a) 11:00 A.M.12:00 Noon, New York City time, two at least three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) 12:00 Noon, New York City time, on the requested Borrowing Date, in the case of ABR Loans. Each such notice shall specify Date specifying (i) the amount to be borrowedborrowed (which on any date shall not be in excess of the then Available Commitments), (ii) the requested Borrowing Date, (iii) whether the borrowing is to be of Eurodollar Loans, ABR Loans, Loans or a combination thereof and thereof, (iv) if the borrowing is to be entirely or partly a combination of Eurodollar Loans and ABR Loans, the respective lengths amounts of each Type of Loan and (v) the Interest Period applicable to each Eurodollar Loan. Pursuant to the terms of the initial Interest Periods therefor. Each borrowing under Participation Agreement, the Commitments Borrower shall be in an amount equal deemed to (x) in have delivered such notice upon the case delivery of ABR Loans, $5,000,000 a notice by the Construction Agent or a whole multiple of $1,000,000 in excess thereof and (y) in the case of Eurodollar Loans, $10,000,000 or a whole multiple of $1,000,000 in excess thereof; provided that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is Lessee containing such required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of ABR Loans in other amounts pursuant to Section 2.20(b)information. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 prior to 1:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting an account designated, subject to Section 9.1 of the account of Participation Agreement, by the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance . No amount of any Loan which is repaid or prepaid by the reimbursement of an LC Disbursement Borrower may be reborrowed hereunder, except as provided set forth in Section 3.5 shall be remitted by 5.2(d) of the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19Participation Agreement.

Appears in 2 contracts

Samples: And Replacement Credit Agreement (Rf Micro Devices Inc), Credit Agreement (Rf Micro Devices Inc)

Procedure for Borrowing. (a) The Borrower may borrow under the Commitments during the Commitment Period on any Business DayDay occurring prior to the Revolving Credit Commitment Termination Date; provided that, provided that with respect to any borrowing, the Borrower shall give the Administrative Agent irrevocable notice, (such notice to be contained in a “Notice of Borrowing” in the form of Exhibit I) (which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to (ai) 11:00 A.M.before 12:00 noon, New York City time, two three Business Days prior to the requested Borrowing Date, in Date if all or any part of the case of Loans are to be Eurodollar Loans, or Loans and (bii) 12:00 Noonbefore 2:00 P.M., New York City time, on one Business Day prior to the requested Borrowing Date, in the case of ABR Loans. Each such notice shall specify (i) the amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether Date if the borrowing is to be solely of Alternate Base Rate Loans; provided that any such notice in respect of Loans to be made on the Closing Date may be given at any time before 4:00 P.M. New York City time, one Business Day prior to the Closing Date) specifying (A) the amount of the borrowing, (B) whether such Loans are initially to be Eurodollar Loans, ABR Loans, Loans or Alternate Base Rate Loans or a combination thereof and (ivC) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective lengths length of the initial Interest Periods therefor. Each borrowing under the Commitments shall be in an amount equal to (x) in the case of ABR Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (y) in the case of Period for such Eurodollar Loans, $10,000,000 or a whole multiple of $1,000,000 in excess thereof; provided that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of ABR Loans in other amounts pursuant to Section 2.20(b). Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each affected Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 prior to 1:00 P.M.Not later than 12:00 noon, New York City time, on the Borrowing Date requested by the Borrower specified in funds immediately such notice, each affected Lender shall make available to the Administrative AgentAgent at the office of the Administrative Agent specified in subsection 10.2 (or at such other location as the Administrative Agent may direct) an amount in immediately available funds equal to the amount of the Loan to be made by such Lender. Such borrowing will then Loan proceeds received by the Administrative Agent hereunder shall promptly be made available to the Borrower by the Administrative Agent Agent’s crediting the account of the Borrower on Borrower, at the books office of such office the Administrative Agent specified in subsection 10.2, with the aggregate of the amounts made available to amount actually received by the Administrative Agent by from the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) . The Loans made to finance on the reimbursement of an LC Disbursement as provided in Section 3.5 Closing Date shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19Alternate Base Rate Loans.

Appears in 2 contracts

Samples: Intercreditor Agreement (Stratus Technologies Bermuda Holdings Ltd.), Revolving Credit Agreement (Stratus Technologies Bermuda Holdings Ltd.)

Procedure for Borrowing. The Borrower may borrow under the Commitments during the Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice, which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to (ax) 11:00 A.M.with respect to Eurodollar Loans, 12:00 P.M., New York City time, two time on the date that is three Business Days prior to the requested Borrowing Date, or (y) with respect to ABR Loans, 12:00 P.M., New York City time on the date that is one Business Day prior to the Borrowing Date, in the each case of Eurodollar Loans, or (b) 12:00 Noon, New York City time, on the requested Borrowing Date, in the case of ABR Loans. Each such notice shall specify specifying (i) the amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether the borrowing is to be of Eurodollar Loans, ABR Loans, Loans or a combination thereof thereof, (iv) the Class of Loans comprising such Borrowing and (ivv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective lengths amount of such Type of Loan and the length of the initial Interest Periods Period therefor. Each The borrowing under the Commitments shall be in an amount equal to (x) in the case of ABR Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (y) in the case of Eurodollar Loans, $10,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of ABR Loans in other amounts pursuant to Section 2.20(b). Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Prior to (x) with respect to Eurodollar Loans, 10:00 A.M., New York City time, or (y) with respect to ABR Loans, 2:00 P.M., New York City time, on the Borrowing Date requested by the Borrower, each Lender will make an amount equal to its Commitment Percentage of the principal amount of its pro rata share of each borrowing the Loans requested to be made on such Borrowing Date available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 prior to 1:00 P.M., New York City time, on the Borrowing Date requested writing by the Borrower Administrative Agent to the Lenders in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19.

Appears in 2 contracts

Samples: Term Loan Credit Agreement (Boston Scientific Corp), Term Loan Credit Agreement

Procedure for Borrowing. The Borrower Borrowers may borrow under the Commitments during the Commitment Period on any Business Day, provided that the Borrower Borrowers’ Representative shall give the Administrative Agent irrevocable notice, notice (which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to (a) 11:00 A.M.12:00 Noon, New York City time, two three Business Days prior to the requested Borrowing Date, in if all or any part of the case of requested Loans initially are to be Eurodollar Loans, Loans or (b) 12:00 Noon, New York City time, 10:00 a.m. on the requested Borrowing Date, in Date if the case of requested Loans are ABR Loans. Each such notice shall specify ), specifying (i) the amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether the borrowing is to be of Eurodollar Loans, ABR Loans, Loans or a combination thereof and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Periods therefor. Each borrowing under the Commitments shall be in an amount equal to (x) in the case of ABR Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof (or, if the then Available Commitments, or the amount of outstanding Eurodollar Loans after any repayment of any Eurodollar Loans, are less than $5,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $10,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of ABR Loans in other amounts pursuant to Section 2.20(b). Upon receipt of any such notice from the BorrowerBorrowers’ Representative, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower Borrowers at the office of the Administrative Agent specified in Section 9.2 11.2 prior to 1:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower Borrowers’ Representative in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower Borrowers by the Administrative Agent crediting the account of the Borrower on Borrowers specified in the books of such office borrowing notice with the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19.

Appears in 2 contracts

Samples: Credit Agreement (EP Energy Corp), Credit Agreement (El Paso Corp/De)

Procedure for Borrowing. The Subject to the terms and conditions ----------------------- contained in the Loan Documents, the Borrower may borrow under the Commitments during Available Commitments, prior to the Commitment Period Termination Date, on any Business Day, provided that the Borrower shall give Day by delivery to the Administrative Agent of an irrevocable notice, which notice substantially in the form of Exhibit H-1 (a "Notice of Borrowing"). A Notice of Borrowing must be executed by a Responsible Officer of the Borrower and received ----------- ------------------- by the Administrative Agent prior to (a) 11:00 A.M.12:00 Noon, New York City time, two (a) three Business Days prior to the requested Borrowing Date, in if all or any part of the case of requested Loans are to be initially Eurodollar Loans, or (b) 12:00 Noon, New York City time, on the requested Borrowing Date, in the case . A Notice of ABR Loans. Each such notice Borrowing shall specify (i) the amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether the borrowing is to be of Eurodollar Loans, ABR Loans, Loans or a combination thereof and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective amounts of each Tranche and the respective lengths of the initial Interest Periods therefor. Each borrowing under the Commitments Total Available Commitment shall be in an amount equal to (x) in the case of ABR Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof (or, if the then Total Available Commitment is less than $5,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $10,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of ABR Loans in other amounts pursuant to Section 2.20(b). Upon receipt of any such notice Notice of Borrowing from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each such Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 12.2 prior to 1:00 2:00 P.M., New York City ------------ time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower on as so directed by the books Borrower in a Notice of such office Borrowing with the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19.

Appears in 2 contracts

Samples: Credit Agreement (Jones Intercable Inc), Credit Agreement (Cable Tv Fund 12-C LTD)

Procedure for Borrowing. The Subject to Section 4, the Borrower may borrow under the Commitments during the Commitment Period on any Business Day, with respect to Term Benchmark Loans, or any Business Day, with respect to ABR Loans, provided that the Borrower shall give the Administrative Agent irrevocable notice, which notice (a “Borrowing Notice”)(which Borrowing Notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to (a) 11:00 A.M., New York City time, two three Business Days prior to the requested Borrowing DateDate for a Term Benchmark Loan, in the case of Eurodollar Loans, or (b) 12:00 Noon, New York City time, and 11:00 a.m. on the requested Borrowing DateDate for an ABR Loan), in the case of ABR Loans. Each such notice shall specify specifying (i) the aggregate amount to be borrowedborrowed and the aggregate amount outstanding after giving effect to such borrowing, (ii) the requested Borrowing DateType of each Loan requested, (iii) whether the borrowing is to be of Eurodollar Loans, ABR Loans, or a combination thereof requested Borrowing Date and (iv) if the borrowing is with respect to be entirely or partly of Eurodollar Loansany Term Benchmark Loan, the respective lengths of the initial Interest Periods therefor. Each The aggregate amount of each borrowing by the Borrower under the Commitments on any Borrowing Date shall be in an amount equal to (xi) in the case of as to each ABR LoansLoan, $5,000,000 1,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof and (yor, if the then Available Commitments are less than $1,000,000, such lesser amount); (ii) in the case of Eurodollar Loansas to each Term Benchmark Loan, $10,000,000 1,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof; provided that thereof (i) a borrowing under or, if the then Available Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may requestare less than $1,000,000, on behalf of the Borrower, borrowings of ABR Loans in other amounts pursuant to Section 2.20(bsuch lesser amount). Upon receipt of any such notice Borrowing Notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 prior to 1:00 4:00 P.M., New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower on such Borrowing Date by the Administrative Agent crediting transferring by wire to the custodian of and for the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19.

Appears in 2 contracts

Samples: Credit Agreement (Kayne Anderson Energy Infrastructure Fund, Inc.), Credit Agreement

Procedure for Borrowing. The Borrower may borrow under the Revolving Credit Commitments on or after the Amendment Effective Date during the Commitment Period on any Business Day, provided that Day by giving the Borrower shall give the Administrative Agent irrevocable notice, notice in the form of Exhibit A-1 (which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to (ax) 11:00 A.M.12:00 p.m., New York City Eastern time, two at least three (3) Business Days prior to the requested Borrowing Date, in if all or any part of the case of requested Revolving Credit Loans are to be initially Eurodollar Loans, or (by) 12:00 Noonp.m., New York City Eastern time, on the requested Borrowing Date, in the case of ABR Loans. Each such notice shall specify otherwise), specifying (i) the amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether the borrowing is to be Type of Eurodollar Loansthe requested borrowing, ABR Loans, or a combination thereof and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective lengths of the initial amounts and Eurodollar Interest Periods thereforthereof and (v) the purpose of such borrowing: e.g. whether the proceeds are to be used for working capital, to make a Permitted Acquisition, to make advances or contributions to CSF, etc. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (xA) in the case of ABR Alternate Base Rate Loans, $5,000,000 250,000 or a whole multiple of $1,000,000 100,000 in excess thereof and (yor, if the then Available Revolving Credit Commitments are less than $250,000, such lesser amount) or (B) in the case of Eurodollar Loans, $10,000,000 250,000 or a whole multiple of $1,000,000 100,000 in excess thereof; provided that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of ABR Loans in other amounts pursuant to Section 2.20(b). Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender Bank thereof. Each Lender Bank will make the amount of its pro rata share (based on its Commitment Percentage) of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 subsection 10.2 prior to 1:00 P.M.2:00 p.m., New York City Eastern time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof Banks and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19.

Appears in 2 contracts

Samples: Credit Agreement (Outsource International Inc), Credit Agreement (Outsource International Inc)

Procedure for Borrowing. The Subject to the applicable terms and ----------------------- conditions contained in Section 6 of this Agreement, the Borrower may borrow --------- under the Commitments during at any time prior to the Commitment Period Termination Date, on any Business Day, provided that the Borrower shall give Day by delivery to the Administrative Agent of an irrevocable notice, which notice substantially in the form of Exhibit I (a "Notice of Borrowing"). A Notice of --------- ------------------- Borrowing must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to 10:00 A.M., Dallas, Texas time, (a) 11:00 A.M., New York City time, two three Business Days prior to the requested Borrowing Date, in if all or any part of the case of requested Loans are to be initially Eurodollar Loans, or (b) 12:00 Noon, New York City time, on the requested Borrowing Date, in the case . A Notice of ABR Loans. Each such notice Borrowing shall specify (i) the amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether the borrowing is to be of Eurodollar Loans, ABR Loans, Loans or a combination thereof and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective amounts of each Eurodollar Tranche and the respective lengths of the initial Interest Periods therefor. Each borrowing Borrowings under the Commitments shall be in an amount equal to (x) in the case of ABR Loans, $5,000,000 500,000 or a whole multiple of $1,000,000 100,000 in excess thereof (or, if the then available amount of the Commitments is less than $500,000, such lesser amount) and (y) in the case of Eurodollar Loans, $10,000,000 1,000,000 or a whole multiple of $1,000,000 100,000 in excess thereof; provided that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of ABR Loans in other amounts pursuant to Section 2.20(b). Upon receipt of any such notice Notice of Borrowing from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each such Lender will make the amount of its pro rata share of each applicable borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified as the Funding Office in Section 9.2 Schedule 1.1A prior to 1:00 P.M.noon, New York City Dallas, Texas time, on the Borrowing Date ------------- requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower on as so directed by the books Borrower in a Notice of such office Borrowing with the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19.

Appears in 2 contracts

Samples: Credit Agreement (Radio One Inc), Credit Agreement (Radio One Inc)

Procedure for Borrowing. The Any Borrower may borrow under the Commitments during the Commitment Period on any Business Day, provided that the Borrower Company (on its behalf or such Subsidiary Borrower, as the case may be) shall give the Administrative Agent irrevocable notice, notice (which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to 2:00 P.M., London time, (a) 11:00 A.M., New York City time, two three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) 12:00 Noon, New York City time, on the requested Borrowing Date, in the case of ABR Loans. Each such notice shall specify ), specifying (i) the amount and Type of Loans to be borrowed, (ii) the requested Borrowing Date, Date and (iii) whether in the borrowing is to be case of Eurodollar Loans, ABR Loans, or a combination thereof the respective amounts of each such Type of Loan and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective lengths of the initial Interest Periods Period therefor. Any Loans made on the Closing Date shall initially be ABR Loans. Each borrowing under the Commitments shall be in an amount equal to (x) in the case of ABR Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof (or, if the then aggregate Available Commitments are less than $5,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $10,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of ABR Loans in other amounts pursuant to Section 2.20(b). Upon receipt of any such notice from the BorrowerCompany, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the applicable Borrower at the office of the Administrative Agent specified in Section 9.2 Funding Office prior to 1:00 5:00 P.M., New York City London time, on the Borrowing Date requested by the Borrower Company in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the applicable Borrower by the Administrative Agent crediting the account of the such Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19.

Appears in 2 contracts

Samples: Guarantee and Collateral Agreement (Aspen Insurance Holdings LTD), Guarantee and Collateral Agreement (Aspen Insurance Holdings LTD)

Procedure for Borrowing. The Borrower may borrow under the Commitments during the Commitment Period on any Business DayIn order to effect a borrowing hereunder, provided that the Borrower shall give notice to the Administrative Agent irrevocable noticeAgent, which may be given by: (A) telephone or (B) a Notice of Borrowing (which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to (a) 11:00 A.M.1:00 P.M., New York City time, (a) three Business Days (or two Business Days in the case of a notice delivered for a Borrowing on the Restatement Effective Date) prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) 12:00 Noon, New York City time, on one Business Day prior to the requested Borrowing Date, in the case of ABR Loans. Each ) (provided that any such Notice of Borrowing of ABR Loans under the Revolving Facility to finance payments required by Section 3.5 may be given not later than 1:00 P.M. New York City time, on the date of the proposed borrowing and, provided, further, that any telephonic notice shall specify must be confirmed immediately by delivery to the Administrative Agent of a Notice of Borrowing), specifying (i) the amount Class of Loan to be borrowed, (ii) the requested Borrowing Dateamount and Type of Loans to be borrowed, (iii) whether the borrowing is to be requested Borrowing Date and (iv) in the case of Eurodollar Loans, ABR Loans, or a combination thereof the respective amounts of each such Type of Loan and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective lengths of the initial Interest Periods Period therefor. Each borrowing under the Commitments shall be in an aggregate amount equal to (x) in the case of ABR Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof (or, if the then aggregate relevant Available Revolving Commitments are less than $5,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $10,000,000 or a whole multiple of $1,000,000 in excess thereof; provided provided, that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.20(b)2.5. Upon receipt of any such notice Notice of Borrowing from the Borrower, the Administrative Agent shall promptly notify each relevant Lender thereof. Each Except as provided in Section 2.1(a), each relevant Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent (in the case of any Revolving Loan, based on respective Revolving Percentages of the Revolving Lenders) for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 Funding Office prior to 1:00 10:00 A.M., New York City time (or 2:00 P.M., New York City timetime in respect of ABR Loans under the Revolving Facility to finance payments required by Section 3.5), on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent; provided that, in the event that any Revolving Lender fails to make available to the Administrative Agent any portion of such amount prior to 10:30 A.M. New York City time (or 2:30 P.M., New York City time in respect of ABR Loans under the Revolving Facility to finance payments required by Section 3.5) on the relevant Borrowing Date, the Borrower shall be deemed to have provided notice to the Swingline Lender in accordance with Section 2.5 requesting a Swingline Loan in an amount equal to the aggregate amount of any such shortfall, rounded up to the applicable whole multiple of $500,000 (but in no event exceeding, together with all outstanding Swingline Loans, the Swingline Commitment). Such borrowing (including any such Swingline Loan) will then be made available not later than 11:00 A.M., New York City time (or 3:00 P.M., New York City time in respect of ABR Loans under the Revolving Facility to finance payments required by Section 3.5), to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the relevant Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19.

Appears in 2 contracts

Samples: Credit Agreement (Cco Holdings LLC), Restatement Agreement (Cco Holdings LLC)

Procedure for Borrowing. The Borrower Company may borrow under the Commitments Revolving ----------------------- Credit Commitment during the Revolving Credit Commitment Period on any Business DayDay by giving the Bank irrevocable notice of a request for an Advance hereunder at least one (1) Business Day but no more than four (4) Business Days before a proposed borrowing, provided that or at least three (3) Business Days but no more than four (4) Business Days if the Borrower shall give Advance will be a LIBOR Rate Loan, or continuation, setting forth (i) the Administrative Agent irrevocable noticeamount of the Loan request, which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to (a) 11:00 A.M., New York City time, two Business Days prior to the requested Borrowing Dateshall, in the case of Eurodollar LIBOR Rate Loans, or not be less than Two Hundred Fifty Thousand (b$250,000.00) 12:00 NoonDollars and integral multiples of One Hundred Thousand ($100,000.00) Dollars in excess thereof, New York City time, on the requested Borrowing Dateand, in the case of ABR Fluctuating Rate Loans. Each such notice shall specify , not be less than One Hundred Thousand (i$100,000.00) the amount to be borrowedDollars and integral multiples of One Hundred Thousand ($100,000.00) Dollars in excess thereof, (ii) whether the requested Borrowing DateAdvance shall be a Fluctuating Rate Loan or a LIBOR Rate Loan, (iii) whether the borrowing is to be of Eurodollar Loansrequested Interest Period commencement date, ABR Loans, or a combination thereof and (iv) the length of the Interest Period therefor which shall not extend beyond the Termination Date. Such notice shall be written (including, without limitation, via facsimile transmission) and shall be sufficient if received by 1:00 p.m. on the borrowing date on which such notice is to be entirely or partly given. Unless notification is otherwise furnished by the Company to the Bank (in a manner consistent with the requirements of Eurodollar Loansthis Section 2.4), Loans will be made by credits to the Company's demand deposit account maintained with the Bank upon compliance with the requirements of this Agreement. If the Company furnishes such notice but no election is made as to the Interest Period to be applicable thereto, the respective lengths of the initial Interest Periods therefor. Each borrowing under the Commitments shall be in an amount equal to (x) in the case of ABR Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (y) in the case of Eurodollar Loans, $10,000,000 or a whole multiple of $1,000,000 in excess thereof; provided that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of ABR Loans in other amounts pursuant to Section 2.20(b). Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 prior to 1:00 P.M., New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will automatically then be made available as a Fluctuating Rate Loan until such required information is furnished pursuant to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19terms hereof.

Appears in 2 contracts

Samples: Credit and Term Loan Agreement (Hi Tech Pharmacal Co Inc), Credit and Term Loan Agreement (Hi Tech Pharmacal Co Inc)

Procedure for Borrowing. The Borrower may borrow under (a) Each Borrowing shall be made upon the Commitments during the Commitment Period on any Business Day, provided that the Borrower shall give Borrower’s irrevocable written notice delivered to the Administrative Agent irrevocable notice, in the form of a Notice of Borrowing in the form of Exhibit A hereto (which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent (i) prior to noon (a) 11:00 A.M., New York City time) three Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Rate Loans denominated in Dollars, (ii) prior to noon (New York City time) four Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Rate Loans denominated in an Alternative Currency, (iii) prior to noon (New York City time) on the Business Day of the requested Borrowing Date, in the case of Base Rate Loans, and (iv) prior to noon (New York City time) two Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loansa Special Euro Base Rate Borrowing (as defined in subsection (e) below), or specifying: (b) 12:00 Noon, New York City time, on the requested Borrowing Date, in the case of ABR Loans. Each such notice shall specify (iA) the amount to be borrowedand, (ii) the requested Borrowing Date, (iii) whether the borrowing is to be of Eurodollar Loans, ABR Loans, or a combination thereof and (iv) if the borrowing is to be entirely or partly of Eurodollar Loansan Alternative Currency Loan, the respective lengths currency of the initial Interest Periods therefor. Each borrowing under the Commitments Borrowing, which shall be in an aggregate minimum amount equal to (x) in the case of ABR Loans, $5,000,000 or a whole any multiple of $1,000,000 in excess thereof and (y) in the case of Eurodollar Eurocurrency Rate Loans, and in an aggregate minimum amount of $10,000,000 1,000,000 or a whole any multiple of $1,000,000 100,000 in excess thereofthereof in the case of Base Rate Loans; provided that (iB) the requested Borrowing Date, which shall be a borrowing under Business Day; (C) the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance Type of Loans comprising the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 Borrowing; and (iiD) any Swingline Lender may request, on behalf the duration of the Borrower, borrowings Interest Period applicable to such Loans included in such notice. If the Notice of ABR Loans in other amounts pursuant Borrowing fails to Section 2.20(b). Upon receipt of any such notice from specify the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account duration of the Borrower at the office Interest Period for any Borrowing comprised of the Administrative Agent specified in Section 9.2 prior to 1:00 P.M.Eurocurrency Rate Loans, New York City time, on the Borrowing Date requested by such Interest Period shall be three months. If the Borrower fails to specify a currency in funds immediately available to a Notice of Borrowing requesting a Borrowing, then the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans so requested shall be made as provided in Section 2.19Dollars.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Avery Dennison Corporation), Revolving Credit Agreement (Avery Dennison Corporation)

Procedure for Borrowing. The Borrower may borrow under the Commitments during the Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice, notice (which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to (a) 11:00 A.M., New York City time, two three Business Days prior to the requested Borrowing Date, in if all or any part of the case of requested Loans are to be initially Eurodollar Loans, or (b) 12:00 Noon11:00 A.M., New York City time, on the requested Borrowing Date, Date in the case of ABR Loans. Each such notice shall specify a Base Rate Loan), specifying (i) the amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether the borrowing is to be of Eurodollar Loans, ABR Loans, Base Rate Loans or a combination thereof and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective lengths of the initial Interest Periods therefor. Each borrowing under the Commitments shall be in an amount equal to (x) in the case of ABR Base Rate Loans, $5,000,000 2,000,000 or a whole multiple of $1,000,000 100,000 in excess thereof (or, if the then Available Commitments are less than $2,000,000, such lesser amount), and (y) in the case of Eurodollar Loans, $10,000,000 5,000,000 or a whole multiple of $1,000,000 100,000 in excess thereof; provided that the Borrower may nevertheless borrow amounts below such minimum amounts in clauses (x) or (y) above solely for the purpose of (i) a borrowing under repaying Loans owing to any Nonconsenting Lenders on the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 Termination Date and (ii) permitting the addition of any Swingline New Lender may request, on behalf or increasing the Commitment of the Borrower, borrowings of ABR Loans in other amounts any existing Lender pursuant to Section 2.20(bsubsection 2.1(a)(i). Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 subsection 10.2 prior to 1:00 11:00 A.M., New York City time (in the case of Eurodollar Loans) or 2:30 P.M., New York City timetime (in the case of Base Rate Loans), on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting in accordance with the account of the Borrower on the books of such office Borrower's payment instructions with the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted . All notices given by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall Borrower under this subsection 2.2 may be made as provided by telephonic notice promptly confirmed in Section 2.19writing.

Appears in 2 contracts

Samples: Credit Agreement (L 3 Communications Corp), Parent Guarantee Agreement (L 3 Communications Corp)

Procedure for Borrowing. The Borrower may borrow under the Commitments during the Commitment Period on any Business DayIn order to effect a borrowing hereunder, provided that the Borrower shall give the Administrative Agent irrevocable notice, a Notice of Borrowing (which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to (a) 11:00 A.M.1:00 P.M., New York City time, two (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) 12:00 Noon, New York City time, on one Business Day prior to the requested Borrowing Date, in the case of ABR Loans. Each ) (provided that any such notice shall specify Notice of Borrowing of ABR Loans under the Revolving Facility to finance payments required by Section 3.5 may be given not later than 1:00 P.M. New York City time, on the date of the proposed borrowing), specifying (i) the amount Class of Loan to be borrowed, (ii) the requested Borrowing Dateamount and Type of Loans to be borrowed, (iii) whether the borrowing is to be requested Borrowing Date and (iv) in the case of Eurodollar Loans, ABR Loans, or a combination thereof the respective amounts of each such Type of Loan and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective lengths of the initial Interest Periods Period therefor. Each borrowing under the Commitments shall be in an aggregate amount equal to (x) in the case of ABR Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof (or, if the then aggregate relevant Available Revolving Commitments are less than $5,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $10,000,000 or a whole multiple of $1,000,000 in excess thereof; provided provided, that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.20(b)2.5. Upon receipt of any such notice Notice of Borrowing from the Borrower, the Administrative Agent shall promptly notify each relevant Lender thereof. Each relevant Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent (in the case of any Revolving Loan, based on respective Revolving Percentages of the Revolving Lenders) for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 Funding Office prior to 1:00 10:00 A.M., New York City time (or 2:00 P.M., New York City timetime in respect of ABR Loans under the Revolving Facility to finance payments required by Section 3.5), on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent; provided that, in the event that any Revolving Lender fails to make available to the Administrative Agent any portion of such amount prior to 10:30 A.M. New York City time (or 2:30 P.M., New York City time in respect of ABR Loans under the Revolving Facility to finance payments required by Section 3.5) on the relevant Borrowing Date, the Borrower shall be deemed to have provided notice to the Swingline Lender in accordance with Section 2.5 requesting a Swingline Loan in an amount equal to the aggregate amount of any such shortfall, rounded up to the applicable whole multiple of $500,000 (but in no event exceeding, together with all outstanding Swingline Loans, the Swingline Commitment). Such borrowing (including any such Swingline Loan) will then be made available not later than 11:00 A.M., New York City time (or 3:00 P.M., New York City time in respect of ABR Loans under the Revolving Facility to finance payments required by Section 3.5), to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the relevant Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19.

Appears in 2 contracts

Samples: Credit Agreement (Charter Communications, Inc. /Mo/), Restatement Agreement (Charter Communications, Inc. /Mo/)

Procedure for Borrowing. (a) The Borrower may borrow under the Commitments during the Commitment Period on any Business Day, provided that the Borrower shall give deliver to the Administrative Agent an irrevocable notice, Requisition (which notice Requisition must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to 12:00 p.m. (a) 11:00 A.M.noon), New York City time, two (a) three Business Days prior to the requested Borrowing Date, in if all or any part of the case of requested Loans are to be initially Eurodollar Loans, or (b) 12:00 Noon, New York City time, on the requested Borrowing Date, in the case of ABR Loans. Each such notice shall specify otherwise), specifying, among other things, (i) the amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether the borrowing is to be of Eurodollar Loans, ABR Loans, Loans or a combination thereof and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Periods therefor. Each borrowing under the Commitments Borrowing (other than Borrowings pursuant to Section 2.3(b)) shall be in an amount equal to (x) in the case of ABR Loans, at least $5,000,000 1,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof (or, if the then Available Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, at least $10,000,000 1,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof; provided that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of ABR Loans in other amounts pursuant to Section 2.20(b). Upon receipt of any such notice Requisition from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 prior to 1:00 2:00 P.M., New York City time, on the Borrowing Funding Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting the an account of designated by the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19.

Appears in 2 contracts

Samples: Credit Agreement (Quality Food Centers Inc), Credit Agreement (Fred Meyer Inc)

Procedure for Borrowing. The Borrower may borrow under the Commitments during the Commitment Period Loans on any Business Day, ; provided that the Borrower shall give notify the Administrative Agent irrevocable notice, which notice must be executed by a Responsible Officer telephone of the Borrower and received by Borrowing (the Administrative Agent prior to (a“Borrowing Request”) 11:00 A.M.not later than 1:00 p.m., New York City time, two time (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or and (b) 12:00 Noon, New York City time, on the requested Borrowing Date, in the case of ABR Alternate Base Rate Loans. Each telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or facsimile to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Each such notice telephonic and written Borrowing Request shall specify (i) the amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether the borrowing Borrowing is to be consist of Eurodollar Loans, ABR Alternate Base Rate Loans, or a combination thereof (in each case stating the amounts and currency requested), (iv) if in the borrowing is to be entirely or partly case of Eurodollar Loans, the respective lengths length of the initial Interest Periods Period(s) therefor, and (v) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.12. Each borrowing under the Commitments Borrowing shall be in an aggregate principal amount equal to not less than the lesser of (xi) in the case of ABR Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (y) in the case of Eurodollar Loansthereof, $10,000,000 or a whole multiple of $1,000,000 in excess thereof; provided that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the then unused Commitments available to the Borrower, borrowings of ABR Loans in other amounts pursuant to Section 2.20(b). Upon receipt of any such notice from the Borrowernotice, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing Borrowing available to the Administrative Agent for the account of the Borrower at the office in accordance with Section 2.12. The proceeds of the Administrative Agent specified in Section 9.2 prior to 1:00 P.M., New York City time, on the each such Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing of Loans will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office in accordance with the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.192.12.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Western Gas Equity Partners, LP), Revolving Credit Agreement

Procedure for Borrowing. (a) The Borrower may borrow under the Commitments during the Commitment Period on any Business DayDay that an Advance may be requested pursuant to the terms of Section 5.2 of the Participation Agreement, provided provided, that the Borrower shall give the Administrative Agent irrevocable notice, notice (which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to (a) 11:00 A.M.a.m., New York City Dallas, Texas time, two at least three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) 12:00 Noon, New York City time, on the requested Borrowing Date, in the case of ABR Loans. Each such notice shall specify Date specifying (i) the amount to be borrowedborrowed (which on any date shall not be in excess of the then Available Commitments), (ii) the requested Borrowing Date, (iii) whether the borrowing is to be of Eurodollar Loans, ABR Loans, Loans or a combination thereof and thereof, (iv) if the borrowing is to be entirely or partly a combination of Eurodollar Loans and ABR Loans, the respective lengths amounts of each Type of Loan and (v) the Interest Period applicable to each Eurodollar Loan. Pursuant to the terms of the initial Interest Periods therefor. Each borrowing under Participation Agreement, the Commitments Borrower shall be in an amount equal deemed to (x) in have delivered such notice upon the case delivery of ABR Loans, $5,000,000 a Requisition by the Construction Agent or a whole multiple of $1,000,000 in excess thereof and (y) in the case of Eurodollar Loans, $10,000,000 or a whole multiple of $1,000,000 in excess thereof; provided that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is Lessee containing such required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of ABR Loans in other amounts pursuant to Section 2.20(b)information. Upon receipt of any such notice from the BorrowerRequisition, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 prior to 1:00 P.M.p.m., New York City Dallas, Texas time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting an account or accounts designated, subject to Section 9.1 of the account of Participation Agreement, by the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19.

Appears in 2 contracts

Samples: Credit Agreement (Sabre Holdings Corp), Credit Agreement (Sabre Holdings Corp)

Procedure for Borrowing. The Borrower may borrow under the Commitments during the Commitment Period Loans on any Business Day, ; provided that the Borrower shall give notify the Administrative Agent irrevocable notice, which notice must be executed by a Responsible Officer in writing of the Borrower and received by Borrowing (the Administrative Agent prior to “Borrowing Request”) not later than (a) 11:00 A.M.1:00 p.m., New York City time, two time three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or and (b) 12:00 Noon11:00 a.m., New York City time, time on the requested Borrowing Date, in the case of ABR Alternate Base Rate Loans. The Borrowing Request shall be irrevocable and shall be in a form approved by the Administrative Agent and signed by the Borrower. Each such notice written Borrowing Request shall specify (i) the amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether the borrowing Borrowing is to be consist of Eurodollar Loans or Alternate Base Rate Loans (if the Borrower fails to specify the Type of Borrowing, then the applicable Loans shall be made as Alternate Base Rate Loans), ABR Loans, or a combination thereof and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective lengths of the initial Interest Periods therefor. Each borrowing under the Commitments shall be in an amount equal to (x) in the case of ABR Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (y) in the case of Eurodollar Loans, the length of the Interest Period(s) therefor (if the Borrower fails to specify the length of the Interest Period, then the applicable Interest Period shall be one (1) month), and (v) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.12. The Borrowing shall be in an aggregate principal amount not less than $10,000,000 or a whole multiple of $1,000,000 5,000,000 in excess thereof; provided that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of ABR Loans in other amounts pursuant to Section 2.20(b). Upon receipt of any such notice from the Borrowernotice, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing the Borrowing available to the Administrative Agent for the account of the Borrower at the office in accordance with Section 2.12. The proceeds of the Administrative Agent specified in Section 9.2 prior to 1:00 P.M., New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing of Loans will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office in accordance with the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.192.12.

Appears in 2 contracts

Samples: Credit Agreement (Western Midstream Partners, LP), Credit Agreement (Western Gas Partners LP)

Procedure for Borrowing. The Borrower may borrow under the Commitments during the Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice, notice (which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to (a) 11:00 A.M., New York City time, two (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) 12:00 Noon, New York City time, on one Business Day prior to the requested Borrowing Date, in the case of ABR Loans. Each ) (provided that any such notice shall specify of a borrowing of ABR Loans to finance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount and Type of Loans to be borrowed, (ii) the requested Borrowing Date, Date and (iii) whether in the borrowing is to be case of Eurodollar Loans, ABR Loans, or a combination thereof the respective amounts of each such Type of Loan and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective lengths of the initial Interest Periods Period therefor. Any Loans made on the Restatement Effective Date shall initially be ABR Loans. Each borrowing under the Commitments shall be in an amount equal to (x) in the case of ABR Loans, $5,000,000 1,000,000 or a whole multiple of thereof (or, if the then aggregate Available Commitments are less than $1,000,000 in excess thereof 1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $10,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of ABR Loans in other amounts pursuant to Section 2.20(b). Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 Funding Office prior to 1:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19.

Appears in 2 contracts

Samples: Credit Agreement (World Wrestling Entertainmentinc), Credit Agreement (World Wrestling Entertainmentinc)

Procedure for Borrowing. The Whenever Borrower may borrow desires an Advance under the Commitments during the Commitment Period on any Business DayCommitment, provided that the Borrower it shall give Agent telegraphic, telex, facsimile or telephonic notice (“Notice of Borrowing”) of such requested Advance, which in the Administrative Agent irrevocable case of telephonic notice, which notice must shall be executed promptly confirmed in writing. Each Notice of Borrowing shall be in the form of Exhibit “A” attached hereto and shall be received by a Responsible Officer Agent not later than 11:00 a.m. Fort Worth, Texas time, on (i) the Borrowing Date in the case of the Borrower and received by the Administrative Agent prior to Base Rate Loan, or (aii) 11:00 A.M., New York City time, two three Business Days prior to the requested any proposed Borrowing Date, Date in the case of Eurodollar Loans, or (b) 12:00 Noon, New York City time, on the requested Borrowing Date, in the case of ABR Loans. Each such notice Notice of Borrowing shall specify (i) the Borrowing Date (which shall be a Business Day), (ii) the principal amount to be borrowed, (iiiii) the requested Borrowing Date, (iii) whether portion of the borrowing is to be of Advance constituting Base Rate Loans and/or Eurodollar Loans, ABR Loans, or a combination thereof Loans and (iv) if any portion of the borrowing proposed Advance is to be entirely or partly of constitute Eurodollar Loans, the respective lengths of the initial Interest Periods thereforPeriod selected by Borrower pursuant to Section 4 hereof to be applicable thereto. Each borrowing under the Commitments Upon receipt of such Notice, Agent shall be in an amount equal advise each Lender thereof; provided, that if Lenders have received at least one (1) day’s notice of such Advance prior to funding of a Base Rate Loan, or at least three (x3) days’ notice of each Advance prior to funding in the case of ABR Loansa Eurodollar Loan, $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (y) in the case of Eurodollar Loans, $10,000,000 or a whole multiple of $1,000,000 in excess thereof; provided that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of ABR Loans in other amounts pursuant to Section 2.20(b). Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of shall provide Agent at its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower office at the office of the Administrative Agent specified in Section 9.2 prior to 700 Xxxx Xxxxxx, Xxxxx 000, Xxxx Xxxxx, Xxxxx, not later than 1:00 P.M.p.m., New York City Fort Worth, Texas time, on the Borrowing Date Date, in immediately available funds, its Pro Rata share of the requested Advance, but the aggregate of all such fundings by each Lender shall never exceed such Lender’s Commitment. Not later than 2:00 p.m., Fort Worth, Texas time, on the Borrowing Date, Agent shall make available to Borrower at the same office, in like funds, the aggregate amount of such requested Advance. Neither Agent nor any Lender shall incur any liability to Borrower in acting upon any Notice of Borrowing referred to above which Agent or such Lender believes in good faith to have been given by a duly authorized officer or other person authorized to borrow on behalf of Borrower or for otherwise acting in good faith under this Section 2(b). Upon funding of Advances by Lenders and such funds immediately available to the Administrative Agent. Such borrowing will then be being made available to the Borrower by the Administrative Agent crediting the account of the in accordance with this Agreement, pursuant to any such Notice, Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19have effected Advances hereunder.

Appears in 2 contracts

Samples: Credit Agreement (Approach Resources Inc), Credit Agreement (Approach Resources Inc)

Procedure for Borrowing. The Borrower may borrow under the Commitments during the Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice, which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to (a) 11:00 A.M., New York City time, two Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) 12:00 Noon, New York City time, on the requested Borrowing Date, in the case of ABR Loans. Each such notice shall specify (i) the amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether the borrowing is to be of Eurodollar Loans, ABR Loans, or a combination thereof and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective lengths of the initial Interest Periods therefor. Each borrowing under the Commitments shall be in an amount equal to (x) in the case of ABR Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (y) in the case of Eurodollar Loans, $10,000,000 or a whole multiple of $1,000,000 in excess thereof; provided that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any the Swingline Lender may request, on behalf of the Borrower, borrowings of ABR Loans in other amounts pursuant to Section 2.20(b). Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 prior to 1:00 P.M., New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19.

Appears in 2 contracts

Samples: Credit Agreement (Southern California Edison Co), Credit Agreement (Edison International)

Procedure for Borrowing. The Borrower may borrow under the Commitments during the Commitment Period Loans on any Business Day, ; provided that the Borrower shall give notify the Administrative Agent irrevocable notice, which notice must be executed by a Responsible Officer telephone of the Borrower and received by Borrowing (the Administrative Agent prior to (a“Borrowing Request”) 11:00 A.M.not later than 1:00 p.m., New York City time, two time (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or and (b) 12:00 Noon, New York City time, on the requested Borrowing Date, in the case of ABR Alternate Base Rate Loans. Each telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or facsimile to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Each such notice telephonic and written Borrowing Request shall specify (i) the amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether the borrowing Borrowing is to be consist of Eurodollar Loans, ABR Alternate Base Rate Loans, or a combination thereof (in each case stating the amounts and currency requested), (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective lengths of the initial Interest Periods therefor. Each borrowing under the Commitments shall be in an amount equal to (x) in the case of ABR Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (y) in the case of Eurodollar Loans, the length of the Interest Period(s) therefor, and (v) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.12. Each Borrowing shall be in an aggregate principal amount not less than the lesser of (i) $10,000,000 or a whole multiple of $1,000,000 5,000,000 in excess thereof; provided that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 , and (ii) any Swingline Lender may request, on behalf of the then unused Commitments available to the Borrower, borrowings of ABR Loans in other amounts pursuant to Section 2.20(b). Upon receipt of any such notice from the Borrowernotice, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing Borrowing available to the Administrative Agent for the account of the Borrower at the office in accordance with Section 2.12. The proceeds of the Administrative Agent specified in Section 9.2 prior to 1:00 P.M., New York City time, on the each such Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing of Revolving Loans will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office in accordance with the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.192.12.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Western Gas Partners LP), Revolving Credit Agreement (Western Gas Partners LP)

Procedure for Borrowing. The Borrower may borrow under the Commitments during the Commitment Period on any Business DayIn order to effect a borrowing hereunder, provided that the Borrower shall give the Administrative Agent irrevocable notice, a Notice of Borrowing (which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to (a) 11:00 A.M.1:00 P.M., New York City time, two (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar LoansLoans (or, in the case of Term A-1 Loans and Revolving Loans on the Amendment No. 2 Effective Date, one Business Day), or (b) 12:00 Noon, New York City time, on one Business Day prior to the requested Borrowing Date, in the case of ABR Loans. Each ) (provided that any such notice shall specify Notice of Borrowing of ABR Loans under the Revolving Facility to finance payments required by Section 3.5 may be given not later than 1:00 P.M. New York City time, on the date of the proposed borrowing), specifying (i) the amount Class of Loan to be borrowed, (ii) the requested Borrowing Dateamount and Type of Loans to be borrowed, (iii) whether the borrowing is to be requested Borrowing Date and (iv) in the case of Eurodollar Loans, ABR Loans, or a combination thereof the respective amounts of each such Type of Loan and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective lengths of the initial Interest Periods Period therefor. Each borrowing under (other than a borrowing of Term A-1 Loans on the Commitments Amendment No. 2 Effective Date) shall be in an aggregate amount equal to (x) in the case of ABR Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof (or, if the then aggregate relevant Available Revolving Commitments are less than $5,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $10,000,000 or a whole multiple of $1,000,000 in excess thereof; provided provided, that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.20(b)2.5. Upon receipt of any such notice Notice of Borrowing from the Borrower, the Administrative Agent shall promptly notify each relevant Lender thereof. Each relevant Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent (in the case of any Revolving Loan, based on respective Revolving Percentages of the Revolving Lenders) for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 Funding Office prior to 1:00 10:00 A.M., New York City time (or 2:00 P.M., New York City timetime in respect of ABR Loans under the Revolving Facility to finance payments required by Section 3.5), on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent; provided that, in the event that any Revolving Lender fails to make available to the Administrative Agent any portion of such amount prior to 10:30 A.M. New York City time (or 2:30 P.M., New York City time in respect of ABR Loans under the Revolving Facility to finance payments required by Section 3.5) on the relevant Borrowing Date, the Borrower shall be deemed to have provided notice to the Swingline Lender in accordance with Section 2.5 requesting a Swingline Loan in an amount equal to the aggregate amount of any such shortfall, rounded up to the applicable whole multiple of $500,000 (but in no event exceeding, together with all outstanding Swingline Loans, the Swingline Commitment). Such borrowing (including any such Swingline Loan) will then be made available not later than 11:00 A.M., New York City time (or 3:00 P.M., New York City time in respect of ABR Loans under the Revolving Facility to finance payments required by Section 3.5), to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the relevant Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19.

Appears in 2 contracts

Samples: Credit Agreement (Charter Communications, Inc. /Mo/), Credit Agreement (Charter Communications, Inc. /Mo/)

Procedure for Borrowing. The Borrower may borrow under the Commitments during the Commitment Period on any Business DayIn order to effect a borrowing hereunder, provided that the Borrower shall give notice to the Administrative Agent irrevocable noticeAgent, which may be given by: (A) telephone or (B) a Notice of Borrowing (which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to (a) 11:00 A.M.1:00 P.M., New York City time, two (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar LoansLoans (or, in the case of Term A-1 Loans and Revolving Loans on the Amendment No. 2 Effective Date, one Business Day), or (b) 12:00 Noon, New York City time, on one Business Day prior to the requested Borrowing Date, in the case of ABR Loans. Each ) (provided that any such Notice of Borrowing of ABR Loans under the Revolving Facility to finance payments required by Section 3.5 may be given not later than 1:00 P.M. New York City time, on the date of the proposed borrowing and, provided, further, that any telephonic notice shall specify must be confirmed immediately by delivery to the Administrative Agent of a Notice of Borrowing), specifying (i) the amount Class of Loan to be borrowed, (ii) the requested Borrowing Dateamount and Type of Loans to be borrowed, (iii) whether the borrowing is to be requested Borrowing Date and (iv) in the case of Eurodollar Loans, ABR Loans, or a combination thereof the respective amounts of each such Type of Loan and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective lengths of the initial Interest Periods Period therefor. Each borrowing under (other than a borrowing of Term A-1 Loans on the Commitments Amendment No. 2 Effective Date) shall be in an aggregate amount equal to (x) in the case of ABR Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof (or, if the then aggregate relevant Available Revolving Commitments are less than $5,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $10,000,000 or a whole multiple of $1,000,000 in excess thereof; provided provided, that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.20(b)2.5. Upon receipt of any such notice Notice of Borrowing from the Borrower, the Administrative Agent shall promptly notify each relevant Lender thereof. Each relevant Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent (in the case of any Revolving Loan, based on respective Revolving Percentages of the Revolving Lenders) for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 Funding Office prior to 1:00 10:00 A.M., New York City time (or 2:00 P.M., New York City timetime in respect of ABR Loans under the Revolving Facility to finance payments required by Section 3.5), on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent; provided that, in the event that any Revolving Lender fails to make available to the Administrative Agent any portion of such amount prior to 10:30 A.M. New York City time (or 2:30 P.M., New York City time in respect of ABR Loans under the Revolving Facility to finance payments required by Section 3.5) on the relevant Borrowing Date, the Borrower shall be deemed to have provided notice to the Swingline Lender in accordance with Section 2.5 requesting a Swingline Loan in an amount equal to the aggregate amount of any such shortfall, rounded up to the applicable whole multiple of $500,000 (but in no event exceeding, together with all outstanding Swingline Loans, the Swingline Commitment). Such borrowing (including any such Swingline Loan) will then be made available not later than 11:00 A.M., New York City time (or 3:00 P.M., New York City time in respect of ABR Loans under the Revolving Facility to finance payments required by Section 3.5), to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the relevant Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19.

Appears in 2 contracts

Samples: Credit Agreement (Charter Communications, Inc. /Mo/), Credit Agreement (Charter Communications, Inc. /Mo/)

Procedure for Borrowing. The Borrower may borrow under the ----------------------- Revolving Commitments during the Revolving Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice, -------- notice (which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to (a) 11:00 A.M.12:00 Noon, New York City time, two (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) 12:00 Noon, New York City time, on one Business Day prior to the requested Borrowing Date, in the case of ABR Loans. Each such notice shall specify ), specifying (i) the amount and Type of Loans to be borrowed, (ii) the requested Borrowing Date, Date and (iii) whether in the borrowing is to be case of Eurodollar Loans, ABR Loans, or a combination thereof the respective amounts of each such Type of Loan and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective lengths of the initial Interest Periods Period therefor. Any Loans made on the Closing Date shall initially be ABR Loans. Each borrowing under the Revolving Commitments shall be in an amount equal to (x) in the case of ABR Loans, $5,000,000 250,000 or a whole multiple of $1,000,000 100,000 in excess thereof (or, if the then aggregate Available Revolving Commitments are less than $100,000, such lesser amount) and (y) in the case of Eurodollar Loans, $10,000,000 500,000 or a whole multiple of $1,000,000 100,000 in excess thereof; provided that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of ABR Loans in other amounts pursuant to Section 2.20(b). Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each --- ---- borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 Funding Office prior to 1:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19.

Appears in 2 contracts

Samples: Coaxial LLC, Insight Communications Co Inc

Procedure for Borrowing. The (a) Borrower may borrow under the Revolving Credit Commitments during (subject to the Commitment Period on any Business Day, provided that limitations in Section 2.01(a)) and Borrower and the Additional Borrower shall give may borrow under the Term Commitments by giving the Administrative Agent irrevocable noticenotice substantially in the form of Exhibit C (a “Borrowing Request”), which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to (a) 11:00 A.M.a.m., New York City time, two three Business Days prior to the requested Borrowing Date, in the case of a Eurodollar LoansBorrowing, or (b) 12:00 Noon11:00 a.m., New York City time, on the Business Day prior to the requested Borrowing Date, in the case of an ABR Loans. Each such notice shall specify (i) the amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether the borrowing is to be of Eurodollar Loans, ABR Loans, or a combination thereof and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective lengths of the initial Interest Periods therefor. Each borrowing under the Commitments shall be in an amount equal to (x) in the case of ABR Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (y) in the case of Eurodollar Loans, $10,000,000 or a whole multiple of $1,000,000 in excess thereofBorrowing; provided that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of ABR Loans in other amounts pursuant to Section 2.20(b). Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 prior to 1:00 P.M., New York City time, on the an ABR Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided contemplated by Section 2.06(e) may be given by 11:00 a.m., New York City time, on the date of the proposed Borrowing. The Borrowing Request for each Borrowing shall specify (i) whether the requested Borrowing is to be a Revolving Credit Borrowing or a Term Borrowing, (ii) the amount to be borrowed, (iii) the requested Borrowing Date (which must be the Closing Date, in Section 3.5 the case of a Term Borrowing), (iv) whether the Borrowing is to be of Eurodollar Loans or ABR Loans, (v) if the Borrowing is to be of Eurodollar Loans, the length of the initial Interest Period therefor, and (vi) the location and number of Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of this Agreement. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be remitted by the Administrative Agent an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) Borrower shall be remitted by the Administrative Agent deemed to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19have selected an Interest Period of one month’s duration.

Appears in 2 contracts

Samples: Security Agreement (Emdeon Inc.), First Lien Security Agreement (Emdeon Inc.)

Procedure for Borrowing. (a) The Borrower may borrow under the Revolving Credit Commitments during (subject to the Commitment Period on any Business Day, provided that limitations in Section 2.01(a)) and the Borrower shall give may borrow the Term B-1 Commitments by giving the Administrative Agent irrevocable noticenotice substantially in the form of Exhibit B (a “Borrowing Request”), which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to (a) 11:00 A.M.a.m., New York City time, two three Business Days prior to the requested Borrowing Date, in the case of a Eurodollar LoansBorrowing, or (b) 12:00 Noon11:00 a.m., New York City time, on the Business Day prior to the requested Borrowing Date, in the case of an ABR LoansBorrowing. Each such notice The Borrowing Request from the Borrower for each Borrowing shall specify (i) whether the requested Borrowing is to be a Revolving Credit Borrowing or a Term B-1 Borrowing, (ii) the amount to be borrowed, (iiiii) the requested Borrowing Date (which must be the Amendment Effective Date, in the case of a Term B-1 Borrowing), (iiiiv) whether the borrowing Borrowing is to be of Eurodollar Loans or ABR Loans, (v) if the Borrowing is to be of Eurodollar Loans, ABR Loans, or a combination thereof and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective lengths length of the initial Interest Periods Period therefor. Each borrowing under the Commitments shall be in an amount equal to (x) in the case of ABR Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (yvi) in the case of Eurodollar Loans, $10,000,000 or a whole multiple of $1,000,000 in excess thereof; provided that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 location and (ii) any Swingline Lender may request, on behalf number of the Borrower’s account to which funds are to be disbursed, borrowings which shall comply with the requirements of ABR Loans in other amounts pursuant to Section 2.20(b)this Agreement. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available If no election as to the Administrative Agent for Type of Borrowing is specified, then the account of requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower at shall be deemed to have selected an Interest Period of one month’s duration. Notwithstanding the office of the Administrative Agent specified in Section 9.2 prior to 1:00 P.M.foregoing, New York City time, all Borrowings on the Borrowing Original Effective Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19ABR Loans.

Appears in 2 contracts

Samples: Credit Agreement (Spirit AeroSystems Holdings, Inc.), Credit Agreement (Spirit AeroSystems Holdings, Inc.)

Procedure for Borrowing. The Borrower (a) Subject to the terms and conditions hereof, the Borrowers may borrow under the Commitments during the Commitment Period on any Business Day; provided that, provided that with respect to any borrowing, the Borrower Borrowers shall give the Administrative Agent (or, with respect to Swing Line Loans, the Swing Line Lender) irrevocable notice, notice substantially in the form of Exhibit P hereto (which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to 12:00 noon (aor, with respect to Swing Line Loans, 1:00 p.m.) 11:00 A.M., New York City time, two (i) three Business Days prior to the requested Borrowing DateDate if all or any part of the Loans are to be Eurodollar Loans and (ii) one Business Day prior to the requested Borrowing Date (or, in the case of Eurodollar Swing Line Loans, or (b) 12:00 Noon, New York City time, on the requested Borrowing Date, in the case of ABR Loans. Each such notice shall specify (i) the amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether if the borrowing is to be solely of Alternate Base Rate Loans) and in either case specifying (a) the amount of the borrowing, (b) whether such Loans are initially to be Eurodollar Loans, ABR Loans, Loans or Alternate Base Rate Loans or a combination thereof and thereof, (ivc) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective lengths length of the initial Interest Periods therefor. Each borrowing under the Commitments shall be in an amount equal to (x) in the case of ABR Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof Period for such Eurodollar Loans and (yd) in whether the case of Eurodollar LoansLoan is a Term Loan, $10,000,000 a Swing Line Loan or a whole multiple of $1,000,000 in excess thereof; provided that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of ABR Loans in other amounts pursuant to Section 2.20(b)Revolving Credit Loan. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each affected Lender thereof. Each Not later than 12:00 noon on the Borrowing Date specified in such notice, each affected Lender will shall make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 prior to 1:00 P.M., New York City time, on subsection 11.2 (or at such other location as the Borrowing Date requested by the Borrower Administrative Agent may direct) an amount in funds immediately available funds equal to the Administrative Agent. Such borrowing amount of the Loan to be made by such Lender (except that proceeds of Swing Line Loans will then be made available to the Borrower Borrowers in accordance with subsection 3.4(a)). Loan proceeds received by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts hereunder shall promptly be made available to the Borrowers in immediately avail able funds to be delivered by wire transfer to the account(s) designated by the Borrowers in the applicable borrowing notice, with the aggregate amount actually received by the Administrative Agent by from the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19.

Appears in 2 contracts

Samples: Credit Agreement (Language Line Services Holdings, Inc.), Credit Agreement (LL Services Inc.)

Procedure for Borrowing. The Borrower may borrow under the Commitments on any Business Day during the Commitment Period on any Business DayPeriod, provided that the Borrower shall give deliver to the Administrative Agent irrevocable notice, a Borrowing Notice (which notice Borrowing Notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to (a) 11:00 A.M.12:00 Noon, New York City time, two (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) 12:00 Noon, New York City time, on one Business Day prior to the requested Borrowing Date, in the case of ABR Base Rate Loans). Each such notice Any Loans made on the Closing Date shall specify initially be Base Rate Loans, and no Loan may be made as, converted into or continued as a Eurodollar Loan having an Interest Period in excess of one month prior to the date which is the earlier of (i) 60 days after the amount to be borrowed, Closing Date and (ii) the requested Borrowing Date, (iii) whether date on which the borrowing is to be of Eurodollar Loans, ABR Loans, or a combination thereof and (iv) if Arrangers notify the borrowing is to be entirely or partly of Eurodollar Loans, Borrower that the respective lengths primary syndication of the initial Interest Periods thereforFacility is complete. Each borrowing of Loans under the Commitments shall be in an amount equal to (x) in the case of ABR Base Rate Loans, $5,000,000 1,000,000 or a whole multiple in excess of $1,000,000 in excess 100,000 thereof (or, if the then aggregate Available Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $10,000,000 2,000,000 or a whole multiple of $1,000,000 100,000 in excess thereof; provided that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of ABR Loans in other amounts pursuant to Section 2.20(b). Upon receipt of any such notice Borrowing Notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make its Commitment Percentage of the amount of its pro rata share of each borrowing of Loans available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 Funding Office prior to 1:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19.

Appears in 2 contracts

Samples: Credit Agreement (U-Store-It Trust), Credit Agreement (U-Store-It Trust)

Procedure for Borrowing. The Borrower may borrow Revolving Loans under the Revolving Credit Commitments during the Commitment Period on any Business Day, ; provided that the Borrower shall give the Administrative Agent irrevocable written notice, in substantially the form of Exhibit I (which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to (a) 11:00 A.M.a.m., New York City time, two (a) three Business Days prior to the requested Borrowing Date, in if all or any part of the case of requested Revolving Loans are to be initially Eurodollar Loans, Loans or (b) 12:00 Noon, New York City time, on the requested Borrowing Date, in if all of the case of requested Loans are to be initially ABR Loans. Each such notice shall specify ), in each case specifying (i) the amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether the borrowing is to be of Eurodollar Loans, ABR Loans, Loans or a combination thereof and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Periods thereforfor such Eurodollar Loans. Each borrowing under the Commitments of ABR Loans (other than Swingline Loans) shall be in an amount equal to (x) $1,000,000 or a higher integral multiple of $100,000, and each borrowing of Eurodollar Loans shall be in the case of ABR Loans, an amount equal to $5,000,000 or a whole higher integral multiple of $1,000,000 in excess thereof and (y) in the case of Eurodollar Loans, $10,000,000 or a whole multiple of $1,000,000 in excess thereof; provided that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of ABR Loans in other amounts pursuant to Section 2.20(b)1,000,000. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Credit Lender thereof. Each Revolving Credit Lender will make the amount of its pro rata share Commitment Percentage of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 Agent’s Office prior to 1:00 P.M.p.m., New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Revolving Credit Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made . The failure of any Revolving Credit Lender to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent make a Revolving Loan to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made by it as provided in Section 2.19part of any borrowing shall not relieve any other Revolving Credit Lender of its obligation to make available its share of such borrowing.

Appears in 2 contracts

Samples: Credit Agreement (Affiliated Managers Group Inc), Credit Agreement (Affiliated Managers Group Inc)

Procedure for Borrowing. (a) The Borrower may borrow under the Revolving Credit Commitments during the Revolving Credit Commitment Period on any Working Day, if all or any part of the requested Revolving Credit Loans are to be initially Eurodollar Loans, or on any Business Day, otherwise, provided that the Borrower shall give the Administrative Agent irrevocable notice, notice (which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to (a) 11:00 10:00 A.M., New York City time, two Business (i) three Working Days prior to the requested Borrowing Date, in if all or any part of the case of requested Revolving Credit Loans are to be initially Eurodollar Loans, or (bii) 12:00 Noon, New York City time, on one Business Day prior to the requested Borrowing Date, in the case of ABR Loans. Each such notice shall specify otherwise), specifying (iw) the amount to be borrowed, (iix) the requested Borrowing Date, (iiiy) whether the borrowing is to be of Eurodollar Loans, ABR Loans, Alternate Base Rate Loans or a combination thereof thereof, and (ivz) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective amounts of such Type of Revolving Credit Loan and the respective lengths of the initial Interest Periods therefor. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (x1) in the case of ABR Alternate Base Rate Loans, $5,000,000 500,000 or a whole multiple of thereof (or, if the then Available Revolving Credit Commitments are less than $1,000,000 in excess thereof 500,000, such lesser amount) and (y2) in the case of Eurodollar Loans, $10,000,000 1,000,000 or a whole multiple of $1,000,000 100,000 in excess thereof; provided that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of ABR Loans in other amounts pursuant to Section 2.20(b). Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Credit Lender thereof. Each Revolving Credit Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 11.2 prior to 1:00 P.M.11:00 A.M., New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Revolving Credit Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19.

Appears in 2 contracts

Samples: Credit Agreement, Credit Agreement (El Paso Energy Partners Lp)

Procedure for Borrowing. (a) The Borrower may borrow under the Commitments during the Commitment Period on any Business DayDay that an Advance may be requested pursuant to the terms of Section 5.2 of the Participation Agreement, provided provided, that the Borrower shall give the Administrative Agent irrevocable notice, notice (which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to (a) 11:00 A.M.12:00 Noon, New York City Charlotte, North Carolina time, two at least three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) 12:00 Noon, New York City time, on the requested Borrowing Date, in the case of ABR Loans. Each such notice shall specify Date specifying (i) the amount to be borrowedborrowed (which on any date shall not be in excess of the then Available Commitments), (ii) the requested Borrowing Date, (iii) whether the borrowing is to be of Eurodollar Loans, ABR Loans, Loans or a combination thereof and thereof, (iv) if the borrowing is to be entirely or partly a combination of Eurodollar Loans and ABR Loans, the respective lengths amounts of each Type of Loan and (v) the Interest Period applicable to each Eurodollar Loan. Pursuant to the terms of the initial Interest Periods therefor. Each borrowing under Participation Agreement, the Commitments Borrower shall be in an amount equal deemed to (x) in have delivered such notice upon the case delivery of ABR Loans, $5,000,000 a notice by the Construction Agent or a whole multiple of $1,000,000 in excess thereof and (y) in the case of Eurodollar Loans, $10,000,000 or a whole multiple of $1,000,000 in excess thereof; provided that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is Lessee containing such required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of ABR Loans in other amounts pursuant to Section 2.20(b)information. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 prior to 1:00 P.M.12:00 Noon, New York City Charlotte, North Carolina time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting an account designated, subject to Section 9.1 of the account of Participation Agreement, by the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance . No amount of any Loan which is repaid or prepaid by the reimbursement of an LC Disbursement Borrower may be reborrowed hereunder, except as provided set forth in Section 3.5 shall be remitted by 5.2(d) of the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19Participation Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Correctional Services Corp), Credit Agreement (American Oncology Resources Inc /De/)

Procedure for Borrowing. The Borrower may borrow under the Commitments during the Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice, which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to (a) 11:00 A.M.a.m., New York City time, two Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) 12:00 Noon, New York City time, on the requested Borrowing Date, in the case of ABR Loans. Each such notice shall specify (i) the amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether the borrowing is to be of Eurodollar Loans, ABR Loans, or a combination thereof and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective lengths of the initial Interest Periods therefor. Each borrowing under the Commitments shall be in an amount equal to (x) in the case of ABR Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (y) in the case of Eurodollar Loans, $10,000,000 or a whole multiple of $1,000,000 in excess thereof; provided that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement Unreimbursed Amount as contemplated by Section 3.5 3.53 and (ii) any the Swingline Lender may request, on behalf of the Borrower, borrowings of ABR Loans in other amounts pursuant to Section 2.20(b). Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 prior to 1:00 P.M.p.m., New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement Unreimbursed Amount as provided in Section 3.5 3.53 shall be remitted by the Administrative Agent to the applicable Issuing Lender L/C Issuer and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19.

Appears in 1 contract

Samples: Credit Agreement (Southern California Edison Co)

Procedure for Borrowing. (a) The Borrower Company may borrow under the Commitments during the Commitment Period on any Business Day, provided that that, with respect to any borrowing, the Borrower Company shall give the Administrative Agent irrevocable notice, notice (which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to 12:00 noon (a) 11:00 A.M.or, with respect to Swing Line Loans, 3:00 p.m.), New York City time, two (i) three Business Days prior to the requested Borrowing DateDate if all or any part of the Loans are to be Eurodollar Loans and (ii) one Business Day prior to the requested Borrowing Date (or, in the case of Eurodollar LoansSwing Line Loans and, or (b) 12:00 Noonif the Closing Date occurs on the date this Agreement is executed and delivered, New York City timeLoans made on the Closing Date, on the requested Borrowing Date, in the case of ABR Loans. Each such notice shall specify (i) the amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether if the borrowing is to be solely of Alternate Base Rate Loans) and specifying (A) the amount of the borrowing, (B) whether such Loans are initially to be Eurodollar Loans, ABR Loans, Loans or Alternate Base Rate Loans or a combination thereof and thereof, (ivC) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective lengths length of the initial Interest Periods therefor. Each borrowing under Period for such Eurodollar Loans and (D) whether the Commitments shall be in an amount equal to (x) in the case of ABR LoansLoan is a Term Loan, $5,000,000 a Swing Line Loan or a whole multiple of $1,000,000 in excess thereof and (y) in the case of Eurodollar Loans, $10,000,000 or a whole multiple of $1,000,000 in excess thereof; provided that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of ABR Loans in other amounts pursuant to Section 2.20(b)Revolving Credit Loan. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereofLender. Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 prior to 1:00 P.M.Not later than 12:00 noon, New York City time, on the Borrowing Date requested by the Borrower specified in funds immediately such notice, each Lender shall make available to the Administrative Agent. Such borrowing Agent at the office of the Administrative Agent specified in subsection 11.2 (or at such other location as the Administrative Agent may direct) an amount in immediately available funds equal to the amount of the Loan to be made by such Lender (except that proceeds of Swing Line Loans will then be made available to the Borrower Company in accordance with subsection 3.4(a)). Loan proceeds received by the Administrative Agent hereunder shall promptly be made available to the Company by the Administrative Agent's crediting the account of the Borrower on Company, at the books office of such office the Administrative Agent specified in subsection 11.2, with the aggregate of the amounts made available to amount actually received by the Administrative Agent by from the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19.

Appears in 1 contract

Samples: Credit Agreement (Falcon Building Products Inc)

Procedure for Borrowing. (a) The applicable Borrower may borrow under the Commitments during the Commitment Period request a borrowing to be secured by SBC Loans hereunder, on any Business Day during the period from and including the Effective Date through the end of the Funding Period, by delivering to the Lender, an irrevocable written request for borrowing substantially in the form of Exhibit B hereto (“Request for Borrowing”); provided that, the Borrowers may not deliver more than one (1) Request for Borrowing per Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice, which notice . Such Request for Borrowing must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent Lender prior to (a) 11:00 A.M., 10:00 a.m. New York City time, two time at least three (3) Business Days prior to the requested Funding Date. Such Request for Borrowing Date, in the case of Eurodollar Loans, or (b) 12:00 Noon, New York City time, on the requested Borrowing Date, in the case of ABR Loans. Each such notice shall specify (i) specify the amount to of the Advance, and shall further specify the amount of such Advance that shall be borroweda Tranche A Advance and a Tranche B Advance and shall further specify the amount of such Advance, (ii) attach an Asset Schedule identifying the requested Eligible Assets that the Borrowers propose to pledge to the Lender and to be included in the respective Borrowing DateBases in connection with such borrowing, (iii) whether specify the borrowing is to be of Eurodollar Loansrequested Funding Date, ABR Loans, or a combination thereof and (iv) certify that the SBA 7(a) Loan Notes, if any, have been delivered to the borrowing is FTA pursuant to the Multiparty Agreement, and (v) specify such other matters as may be entirely or partly of Eurodollar Loans, specified on the respective lengths form of the initial Interest Periods therefor. Each borrowing under the Commitments shall be in an amount equal to (x) in the case of ABR Loans, $5,000,000 Request for Borrowing or a whole multiple of $1,000,000 in excess thereof and (y) in the case of Eurodollar Loans, $10,000,000 or a whole multiple of $1,000,000 in excess thereof; provided that (i) a borrowing under the Commitments that is an ABR Loan as may be reasonably requested by Lender from time to time in accordance with the terms hereof. The Borrowers shall indemnify Lender and hold it harmless against any aggregate amount that is required Losses incurred by Lender as a result of any failure by Borrowers to finance timely deliver the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of ABR Loans in other amounts pursuant Pledged Assets subject to such Request for Borrowing. Subject to Section 2.20(b). Upon receipt of any 5 hereof, such notice from the Borrowerborrowing, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 prior to 1:00 P.M., New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower Borrowers by the Administrative Agent crediting Lender transferring, via wire transfer, to the account of ReadyCap and to the Borrower on account of Xxxxxxxxxx, in each case, as set forth in the books Request for Borrowing, in the aggregate amount of such office with the aggregate of the amounts made borrowing, in funds immediately available to the Administrative Agent by the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19Borrowers.

Appears in 1 contract

Samples: Master Loan and Security Agreement (Sutherland Asset Management Corp)

Procedure for Borrowing. The Borrower may borrow under (a) Each Borrowing of a Revolving Loan, Initial Term B Loan, Amendment No. 2 Incremental Term B Loan, or Incremental Term A Loan on the Commitments during Closing Date (or the Commitment Period on any Business DayAmendment No. 2 Closing Date, provided that as applicable) shall be made upon the Borrower shall give Borrower’s irrevocable (subject to Section 10.5) written notice delivered to Agent (and, in the Administrative Agent irrevocable noticecase of the Initial Term B Loans, Barclays Bank PLC and, in the case of the Amendment No. 2 Incremental Term B Loans, JPMorgan Chase Bank, N.A.) substantially in the form of a Notice of Borrowing, which may be given by (A) telephone, or (B) a Notice of Borrowing; provided, that, any telephone notice must be executed confirmed promptly by delivery to Agent of a Responsible Officer Notice of Borrowing. Each Notice of Borrowing must be received by Agent (and, in the case of the Initial Term B Loans, Barclays Bank PLC and, in the case of the Amendment No. 2 Incremental Term B Loans, JPMorgan Chase Bank, N.A.) prior to 11:00 a.m. (i) on the Closing Date (or the Amendment No. 2 Closing Date, as applicable), with respect to Borrowings of Base Rate Loans to be made on the Closing Date (or the Amendment No. 2 Closing Date, as applicable), (ii) on the date which is two (2) Business Days (or, with respect to any Borrowing of Term SOFR Loans to be made on the Closing Date (or the Amendment No. 2 Closing Date, as applicable), one (1) Business Day) prior to the requested Borrowing date in the case of each Term SOFR Loan, and (iii) on the date which is one (1) Business Day prior to the requested Borrowing date of each Base Rate Loan made after the Closing Date (or the Amendment No. 2 Closing Date, as applicable); provided, however, that, if the Borrower and wishes to request Term SOFR Loans having an Interest Period other than one, three or six months in duration as provided in the definition of “Interest Period,” the applicable notice must be received by the Administrative Agent prior to not later than 11:00 a.m. four (a4) 11:00 A.M., New York City time, two Business Days prior to the requested Borrowing Datedate of such Borrowing, in whereupon Agent shall give prompt notice to the case appropriate Lenders of Eurodollar Loans, or (b) 12:00 Noon, New York City time, on such request and determine whether the requested Borrowing DateInterest Period is acceptable to all of them, in the case of ABR Loans. Each such notice shall specify and not later than 11:00 a.m. three (i3) the amount to be borrowed, (ii) Business Days before the requested Borrowing Datedate of such Borrowing, Agent shall notify the Borrower (iiiwhich notice may be by telephone) whether the borrowing is requested Interest Period has been consented to be of Eurodollar Loans, ABR Loans, or a combination thereof and (iv) if by all the borrowing is to be entirely or partly of Eurodollar Loans, the respective lengths of the initial Interest Periods therefor. Each borrowing under the Commitments shall be in an amount equal to (x) in the case of ABR Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (y) in the case of Eurodollar Loans, $10,000,000 or a whole multiple of $1,000,000 in excess thereof; provided that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of ABR Loans in other amounts pursuant to Section 2.20(b). Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 prior to 1:00 P.M., New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative AgentLenders. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account Notice of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 Borrowing shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19.specify:

Appears in 1 contract

Samples: Credit Agreement (R1 RCM Inc. /DE)

Procedure for Borrowing. (a) The Borrower may borrow Dollar Loans under the Commitments during the Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice, notice by delivering a Notice of Borrowing (which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to (a) 11:00 A.M., New York City time, two (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar EurodollarEurocurrency Loans, or (b) 12:00 Noon, New York City time, on one Business Day prior to the requested Borrowing Date, in the case of ABR Loans. Each ) (provided that any such notice shall specify of a borrowing of ABR Loans under the Facility to finance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount and Type of Dollar Loans to be borrowed, (ii) the requested Borrowing Date, Date and (iii) whether in the borrowing is to be case of Eurodollar EurodollarEurocurrency Loans, ABR Loans, or a combination the respective amounts of each EurodollarEurocurrency Tranche in respect thereof and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective lengths of the initial Interest Periods therefor. Each borrowing of Dollar Loans under the Commitments shall be in an amount equal to (x) in the case of ABR Loans, $1,000,000 or a whole multiple thereof (or, if the then aggregate Available Commitments are less than $1,000,000, such lesser amount) and (y) in the case of EurodollarEurocurrency Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (y) in the case of Eurodollar Loans, $10,000,000 or a whole multiple of $1,000,000 in excess thereof; provided that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of ABR Loans in other amounts pursuant to Section 2.20(b). Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount ofequal to its pPro rRata sShare of its pro rata share the principal amount of each borrowing of Dollar Loans available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 Domestic Funding Office prior to 1:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19.

Appears in 1 contract

Samples: Credit Agreement (MARRIOTT VACATIONS WORLDWIDE Corp)

Procedure for Borrowing. The Borrower may borrow under the Commitments during the Commitment Period on any Business DayAs a condition precedent to borrowing of Term Loans hereunder, provided that the Borrower shall give the Administrative Agent an irrevocable notice, notice substantially in the form of EXHIBIT A-1 on or prior to the Closing Date (which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to (a) 11:00 A.M.10:00 a.m., New York City time, two Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) 12:00 Noon, New York City time, time on the requested Borrowing Closing Date), in the case of ABR Loans. Each such notice shall specify specifying (i1) that a Term Loan is requested, (2) the aggregate amount to be borrowed, (ii3) the requested Borrowing Closing Date, (iii4) whether the borrowing is to be of Eurodollar Loans, ABR Loans, Alternate Base Rate Loans or a combination thereof and thereof, (iv5) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective amounts of such Eurodollar Loans and the lengths of the initial Interest Periods therefor. Each borrowing under the Commitments shall be in an amount equal to (x) in the case of ABR Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof therefor and (y6) in the case of Eurodollar Loans, $10,000,000 or a whole multiple of $1,000,000 in excess thereof; provided that (i) a borrowing under number and the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf location of the Borrower, borrowings account to which the proceeds are to be disbursed (consistent with the provisions of ABR Loans in other amounts pursuant to Section 2.20(bhereof). Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section SECTION 9.2 prior to 1:00 P.M.11:00 a.m., New York City time, on the Borrowing Date date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting in the account of manner specified by the Borrower on the books in such Notice of such office with Borrowing in the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made . If the Borrower fails to finance indicate the reimbursement of an LC Disbursement as provided initial Interest Periods in Section 3.5 such notice, the Interest Period shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19one month.

Appears in 1 contract

Samples: Credit Agreement (Aquila Inc)

Procedure for Borrowing. The Borrower may borrow under the Commitments during the Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice, notice (which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to (a) 11:00 A.M.12:00 Noon, New York City time, two (a) at least one Business Day prior to the Closing Date, with respect to the borrowings to take place, if any, on the Closing Date, which borrowings shall be ABR Loans only, and (b) with respect to any subsequent borrowings, at least (i) three Business Days prior to the requested Borrowing Date, in if all or any part of the case of requested Loans are to be initially Eurodollar Loans, or (bii) 12:00 Noon, New York City time, on the same Business Day of any requested Borrowing Date, in the case of ABR Loans. Each such notice shall specify all other cases), specifying (iA) the amount to be borrowed, (iiB) the requested Borrowing Date, (iiiC) whether the borrowing is to be of Eurodollar Loans, ABR Loans, Loans or a combination thereof and (ivD) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Periods therefor. Each borrowing under the Commitments shall be in an amount equal to (xa) in the case of ABR Loans, except any ABR Loan to be used solely to pay a like amount of outstanding Reimbursement Obligations, $5,000,000 500,000 or a whole multiple integral multiples of $1,000,000 250,000 in excess thereof (or, if the then Available Commitments are less than $500,000, such lesser amount) and (yb) in the case of Eurodollar Loans, $10,000,000 1,000,000 or a whole multiple integral multiples of $1,000,000 250,000 in excess thereof; provided that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of ABR Loans in other amounts pursuant to Section 2.20(b). Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Except as otherwise provided in Section 3.5(b), each Lender will make the amount of its pro rata share of each borrowing of Loans available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 subsection 11.2 prior to 1:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower in Dollars and in funds immediately available to the Administrative Agent. Such borrowing will then promptly be made available to the Borrower on such date by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19.

Appears in 1 contract

Samples: Securities Purchase Agreement (RBX Corp)

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Procedure for Borrowing. The Borrower Company may borrow under the Commitments ----------------------- Commitment during the Commitment Period on any Business DayDay by giving the Bank irrevocable notice of a request for a Revolving Credit Loan hereunder one (1) Business Day before a proposed borrowing, provided that or three (3) Business Days if the Borrower shall give Revolving Credit Loan will be a LIBOR Rate Loan, or continuation, setting forth (i) the Administrative Agent irrevocable noticeamount of the Loan request, which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to (a) 11:00 A.M., New York City time, two Business Days prior to the requested Borrowing Dateshall, in the case of Eurodollar LIBOR Rate Loans, or not be less than Two Hundred Fifty Thousand (b$250,000.00) 12:00 NoonDollars and integral multiples of One Hundred Thousand ($100,000.00) Dollars in excess thereof, New York City time, on the requested Borrowing Dateand, in the case of ABR Fluctuating Rate Loans. Each such notice shall specify , not be less than One Hundred Thousand (i$100,000.00) the amount to be borrowedDollars and integral multiples of One Hundred Thousand ($100,000.00) Dollars in excess thereof, (ii) whether the requested Borrowing DateRevolving Credit Loan shall be a Fluctuating Rate Loan or a LIBOR Rate Loan, (iii) whether the borrowing is to be of Eurodollar Loansrequested Interest Period commencement date, ABR Loans, or a combination thereof and (iv) the length of the Interest Period therefor which shall not extend beyond the Termination Date. Such notice shall be written (including, without limitation, via facsimile transmission) and shall be sufficient if received by 1:00 p.m. on the borrowing date on which such notice is to be entirely or partly given. Unless notification is otherwise furnished by the Company to the Bank (in a manner consistent with the requirements of Eurodollar Loansthis Section 2.5), Loans will be made by credits to the Company's demand deposit account maintained with the Bank upon compliance with the requirements of this Agreement. If the Company furnishes such notice but no election is made as to the Interest Period to be applicable thereto, the respective lengths of the initial Interest Periods therefor. Each borrowing under the Commitments shall be in an amount equal to (x) in the case of ABR Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (y) in the case of Eurodollar Loans, $10,000,000 or a whole multiple of $1,000,000 in excess thereof; provided that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of ABR Loans in other amounts pursuant to Section 2.20(b). Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 prior to 1:00 P.M., New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will automatically then be made available as a Fluctuating Rate Loan until such required information is furnished pursuant to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19terms hereof.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Netsmart Technologies Inc)

Procedure for Borrowing. The Borrower may borrow under the Commitments during the Commitment Period on any Business DayIn order to effect a borrowing hereunder, provided that the Borrower shall give the Administrative Agent irrevocable notice, a Notice of Borrowing (which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to (a) 11:00 A.M.1:00 P.M., New York City time, two (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) 12:00 Noon, New York City time, on one Business Day prior to the requested Borrowing Date, in the case of ABR Loans. Each ) (provided that any such notice shall specify Notice of Borrowing of ABR Loans under the Revolving Facility to finance payments required by Section 3.5 may be given not later than 1:00 P.M. New York City time, on the date of the proposed borrowing), specifying (i) the amount Class of Loan to be borrowed, (ii) the requested Borrowing Dateamount and Type of Loans to be borrowed, (iii) whether the borrowing is to be requested Borrowing Date and (iv) in the case of Eurodollar Loans, ABR Loans, or a combination thereof the respective amounts of each such Type of Loan and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective lengths of the initial Interest Periods Period therefor. Each borrowing under the Commitments shall be in an aggregate amount equal to (x) in the case of ABR Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof (or, if the then aggregate relevant Available Revolving Commitments are less than $5,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $10,000,000 or a whole multiple of $1,000,000 in excess thereof; provided provided, that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.20(b)2.5. Upon receipt of any such notice Notice of Borrowing from the Borrower, the Administrative Agent shall promptly notify each relevant Lender thereof. Each relevant Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent (in the case of any Revolving Loan, based on respective Revolving Percentages of the Revolving Lenders) for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 Funding Office prior to 1:00 12:00 Noon, New York City time (or 2:00 P.M., New York City timetime in respect of ABR Loans under the Re- volving Facility to finance payments required by Section 3.5), on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent; provided that, in the event that any Revolving Lender fails to make available to the Administrative Agent any portion of such amount prior to 12:30 P.M. New York City time (or 2:30 P.M., New York City time in respect of ABR Loans under the Revolving Facility to finance payments required by Section 3.5) on the relevant Borrowing Date, the Borrower shall be deemed to have provided notice to the Swingline Lender in accordance with Section 2.5 requesting a Swingline Loan in an amount equal to the aggregate amount of any such shortfall, rounded up to the applicable whole multiple of $500,000 (but in no event exceeding, together with all outstanding Swingline Loans, the Swingline Commitment). Such borrowing (including any such Swingline Loan) will then be made available not later than 1:00 P.M., New York City time (or 3:00 P.M., New York City time in respect of ABR Loans under the Revolving Facility to finance payments required by Section 3.5), to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the relevant Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19.

Appears in 1 contract

Samples: Credit Agreement (Charter Communications, Inc. /Mo/)

Procedure for Borrowing. The Borrower may borrow under the Commitments during the Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent (and, in the case of a Swingline Loan, to the Swingline Lenders) irrevocable notice, notice (which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to (a) 11:00 A.M.prior to 1:00 P.M., New York City time, two three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Term Benchmark Loans, or (b) 12:00 Noonprior to 1:00 P.M., New York City time, time on the requested Borrowing Date, in the case of ABR Loans. Each ) or (c) at any time, in the case of Swingline Loans, it being understood that if such notice is not delivered at or prior to 3:00 P.M., New York City Time on a given Business Day, the Borrowing Date in respect of such notice shall specify be the immediately succeeding Business Day (provided that (i) any such notice of a borrowing of ABR Loans to finance payments required by Section 3.5 may be given not later than 11:00 A.M., New York City time, on the date of the proposed borrowing and (ii) if such notice is submitted through an Approved Borrower Portal, any related signature requirement may be waived at the sole discretion of the Administrative Agent), specifying (i) the amount and Type of Loans to be borrowed, (ii) the requested Borrowing Date, Date and (iii) whether in the borrowing is to be case of Eurodollar Term Benchmark Loans, ABR Loans, or a combination thereof the respective amounts of each such Type of Loan and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective lengths of the initial Interest Periods Period therefor. Each borrowing under the Commitments shall be in an amount equal to (xxw) in the case of ABR Loans, $1,000,000 or a whole multiple thereof (or, if the then aggregate Available Commitments are less than $1,000,000, such lesser amount), (yx) in the case of Term Benchmark Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof and thereof, (y) in the case of Eurodollar Swingline Loans, $10,000,000 1,000,000 or a whole multiple thereof and (z) in the case of Competitive Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of ABR Loans in other amounts pursuant to Section 2.20(b). Upon receipt of any such notice delivered under clause (a) or (b) of the first proviso of this Section 2.2 from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each ., and Eeach Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 Funding Office prior to 3:00 P.M. (or, in the case of same-day borrowings of ABR Loans to finance payments required by Section 3.5, 1:00 P.M.), New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent not later than 3:30 P.M. (or in the case of same-day borrowings of ABR Loans to finance payments required by Section 3.5, 1:00 P.M.), New York City time on such Borrowing Date crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that . Upon receipt of any such notice delivered under clause (xc) Loans made to finance of the reimbursement first proviso of an LC Disbursement as provided in this Section 3.5 shall be remitted by 2.2, the Administrative Agent will promptly advise the Swingline Lenders thereof, and each Swingline Lender shall make its ratable portion of the requested Swingline Loan (such ratable portion to be calculated based upon the ratio of such Swingline Lender’s Swingline Commitment to the applicable Issuing Lender and (ytotal Swingline Commitments of all the Swingline Lenders) Loans made available to finance the reimbursement Borrower by means of a Swingline Loan as provided in Section 2.20(b) shall be remitted by credit to an account of the Borrower with the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19designated for such purpose within three full Business Hours following delivery of such notice.

Appears in 1 contract

Samples: And Extension Agreement (Air Lease Corp)

Procedure for Borrowing. The Borrower may borrow under the Commitments during the Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice, notice (which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to (a) 11:00 A.M.4:00 P.M., New York City time, two (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) 12:00 Noon, New York City time, on one Business Day prior to the requested Borrowing Date, in the case of ABR Loans. Each ) (provided that any such notice shall specify of a borrowing of ABR Loans to finance payments required by Section 3.5 may be given not later than 11:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount and Type of Loans to be borrowed, (ii) the requested Borrowing Date, Date and (iii) whether in the borrowing is to be case of Eurodollar Loans, ABR Loans, or a combination thereof the respective amounts of each such Type of Loan and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective lengths of the initial Interest Periods Period therefor. Each borrowing under the Commitments shall be in an amount equal to (x) in the case of ABR Loans, $5,000,000 1,000,000 or a whole multiple of thereof (or, if the then aggregate Available Commitments are less than $1,000,000 in excess thereof 1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $10,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided provided, that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of under the Commitments that are ABR Loans in other amounts pursuant to Section 2.20(b)2.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 Funding Office prior to 12:00 Noon (or, in the case of same-day borrowings of ABR Loans to finance payments required by Section 3.5, 1:00 P.M.), New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent not later than 4:00 P.M. (or in the case of same-day borrowings of ABR Loans to finance payments required by Section 3.5, 1:00 P.M.), New York City time on such Borrowing Date crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19.

Appears in 1 contract

Samples: Credit Agreement (Air Lease Corp)

Procedure for Borrowing. The Borrower may borrow under the Commitments during the Commitment Period on any Business DayIn order to effect a borrowing hereunder, provided that the Borrower shall give the Administrative Agent irrevocable notice, notice (which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to 12:00 Noon, Houston time, (a) 11:00 A.M., New York City time, two three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) 12:00 Noon, New York City time, on one Business Day prior to the requested Borrowing Date, in the case of ABR Loans. Each such notice shall specify ), specifying (i) the amount Facility under which such Loan is to be borrowed, (ii) the requested Borrowing Dateamount and Type of Loans to be borrowed, (iii) whether the borrowing is to be requested Borrowing Date and (iv) in the case of Eurodollar Loans, ABR Loans, or a combination thereof the respective amounts of each such Type of Loan and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective lengths of the initial Interest Periods Period therefor. Each borrowing under the Commitments shall be in an aggregate amount equal to (x) in the case of ABR Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof (or, if the then aggregate relevant Available Revolving Commitments are less than $5,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $10,000,000 or a whole multiple of $1,000,000 in excess thereof; provided provided, that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of under the Restatement Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.20(b)2.5. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each relevant Lender thereof. Each relevant Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 Funding Office prior to 1:00 P.M.11:00 A.M., New York City Houston time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available not later than 2:00 P.M., Houston time, to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the relevant Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19.

Appears in 1 contract

Samples: Credit Agreement (Charter Communications Holdings LLC)

Procedure for Borrowing. (a) The Borrower may borrow under the Revolving Credit Commitments (other than the Swingline Commitment) during the Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice, notice (which notice must be executed by a Responsible Officer substantially in the form of the Borrower Exhibit E hereto and must be received by the Administrative Agent prior to (a) 11:00 10:00 A.M., New York City Charlotte, North Carolina time, two (i) three Business Days prior to the requested Borrowing Date, in if all or any part of the case of requested Revolving Credit Loans are to be initially Eurodollar Loans, Loans or (bii) 12:00 Noon, New York City time, on the requested Borrowing Date, in the case of ABR Loans. Each such notice shall specify otherwise), specifying (iA) the amount to be borrowed, (iiB) the requested Borrowing Date, (iiiC) whether the borrowing is to be of Eurodollar Loans, ABR Loans, Loans or a combination thereof and (ivD) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Periods therefor. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of ABR Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof (or, if the then Available Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $10,000,000 or a whole multiple of $1,000,000 in excess thereof; provided that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of ABR Loans in other amounts pursuant to Section 2.20(b)1,000,000. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 subsection 11.2 prior to 1:00 P.M., New York City Charlotte, North Carolina time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19.

Appears in 1 contract

Samples: Credit Agreement (Envirosource Inc)

Procedure for Borrowing. (a) The Borrower may borrow under the Commitments during the Commitment Period on any Business Day, provided that the Borrower shall give deliver to the Administrative Agent an irrevocable notice, Requisition (appropriately completed and including all documentation required to be attached thereto) (which notice Requisition must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to (a) 11:00 A.M., New York City timePacific Standard Time, two five (5) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) 12:00 Noon, New York City time, on the requested Borrowing Date, in the case of ABR Loans. Each such notice shall specify specifying (i) the amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether the borrowing is to be of Eurodollar Loans, ABR Loans, Alternate Base Rate Loans or a combination thereof and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Periods therefor, provided that during the Construction Period, the length of the Interest Period shall be one month. Each borrowing under the Commitments (other than borrowings of Interest Payment Loans) shall be in an amount equal to (x) in the case of ABR Alternate Base Rate Loans, at least $5,000,000 500,000 or a whole multiple of $1,000,000 100,000 in excess thereof (or, if the then Total Available Commitments are less than $500,000, such lesser amount) and (y) in the case of Eurodollar Loans, at least $10,000,000 500,000 or a whole multiple of $1,000,000 100,000 in excess thereof; , provided that (i) a borrowing under the Commitments that is an ABR Loan borrowings made hereunder during the period commencing on the Initial Closing Date and terminating on June 4, 1999 may be in any aggregate a minimum amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 at least $250,000 and (ii) any Swingline Lender the final borrowing hereunder may request, on behalf of be in an amount that is less than the Borrower, borrowings of ABR Loans in other foregoing amounts pursuant to Section 2.20(b)the extent that the Project Costs outstanding upon Completion are less than the foregoing amounts. Upon receipt of any such notice Requisition from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 prior to 1:00 P.M., New York City timePacific Standard Time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting the an account of designated by the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided . The Borrower may submit no more than one Requisition in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19any calendar month.

Appears in 1 contract

Samples: Credit Agreement (Safeskin Corp)

Procedure for Borrowing. The Borrower may borrow under the Commitments during the Commitment Period on any Business DayIn order to effect a borrowing hereunder, provided that the Borrower shall give notice to the Administrative Agent irrevocable noticeAgent, which may be given by: (A) telephone or (B) a Notice of Borrowing (which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to (a) 11:00 A.M.1:00 P.M., New York City time, two (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) 12:00 Noon, New York City time, on one Business Day prior to the requested Borrowing Date, in the case of ABR Loans. Each ) (provided that any such Notice of Borrowing of ABR Loans under the Revolving Facility to finance payments required by Section 3.5 may be given not later than 1:00 P.M. New York City time, on the date of the proposed borrowing and, provided, further, that any telephonic notice shall specify must be confirmed immediately by delivery to the Administrative Agent of a Notice of Borrowing), specifying (i) the Class of Loan to be borrowed and, in the case of Revolving Loans, the Class of Revolving Commitments under which such Revolving Loans are to be made, (ii) the amount and Type of Loans to be borrowed, (iiiii) the requested Borrowing Date, Date and (iiiiv) whether in the borrowing is to be case of Eurodollar Loans, ABR Loans, or a combination thereof the respective amounts of each such Type of Loan and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective lengths of the initial Interest Periods Period therefor. Each borrowing under the Commitments shall be in an aggregate amount equal to (x) in the case of ABR Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof (or, if the then aggregate relevant Available Revolving Commitments are less than $5,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $10,000,000 or a whole multiple of $1,000,000 in excess thereof; provided provided, that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of under the relevant Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.20(b)2.5. Upon receipt of any such notice Notice of Borrowing from the Borrower, the Administrative Agent shall promptly notify each relevant Lender thereof. Each Except as provided in Section 2.1(a), each relevant Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent (in the case of any Revolving Loan, based on respective Revolving Percentages of the Revolving Lenders with the relevant Class of Revolving Commitments) for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 Funding Office prior to 1:00 10:00 A.M., New York City time (or 2:00 P.M., New York City timetime in respect of ABR Loans under the Revolving Facility to finance payments required by Section 3.5), on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent; provided that, in the event that any Revolving Lender fails to make available to the Administrative Agent any portion of such amount prior to 10:30 A.M. New York City time (or 2:30 P.M., New York City time in respect of ABR Loans under the Revolving Facility to finance payments required by Section 3.5) on the relevant Borrowing Date, the Borrower shall be deemed to have provided notice to the Swingline Lender in accordance with Section 2.5 requesting a Swingline Loan in an amount equal to the aggregate amount of any such shortfall, rounded up to the applicable whole multiple of $500,000 (but in no event exceeding, together with all outstanding Swingline Loans, the Swingline Commitment). Such borrowing (including any such Swingline Loan) will then be made available not later than 11:00 A.M., New York City time (or 3:00 P.M., New York City time in respect of ABR Loans under the Revolving Facility to finance payments required by Section 3.5), to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the relevant Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19.

Appears in 1 contract

Samples: Credit Agreement (Cco Holdings Capital Corp)

Procedure for Borrowing. The Borrower may borrow under the Commitments during the Commitment Period on any Business DayIn order to effect a borrowing ---------------------------- hereunder, provided that the Borrower shall give the Administrative Agent irrevocable notice, notice (which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to (a) 11:00 A.M.2:00 P.M., New York City time, two (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) 12:00 Noon, New York City time, on one Business Day prior to the requested Borrowing Date, in the case of ABR Loans. Each such notice shall specify ) specifying (i) the amount Facility under which such Loan is to be borrowed, (ii) the requested Borrowing Dateamount and Type of Loans to be borrowed, (iii) whether the borrowing is to be requested Borrowing Date and (iv) in the case of Eurodollar Loans, ABR Loans, or a combination thereof the respective amounts of each such Type of Loan and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective lengths of the initial Interest Periods Period therefor. Each borrowing under the Commitments Revolving Facility shall be in an aggregate amount equal to (xw) in the case of ABR Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof (or, if the then aggregate Available Revolving Commitments are less than $5,000,000, such lesser amount) and (yx) in the case of Eurodollar Loans, $10,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided provided, that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline -------- Lender may request, on behalf of the Borrower, borrowings of under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.20(b)2.5. Each borrowing under the Delayed-Draw Term Facility shall be in an aggregate amount equal to (y) in the case of ABR Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof (or, if the then aggregate Available Delayed-Draw Term Commitments are less than $5,000,000, such lesser amount) and (z) in the case of Eurodollar Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 prior to 1:00 P.M.Not later than 12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower in funds immediately Borrower, each Lender shall make available to the Administrative Agent. Such borrowing will then Agent at the Funding Office an amount in immediately available funds equal to the Loan to be made available to the Borrower by the such Lender. The Administrative Agent crediting shall credit the account of the Borrower on the books of such office of the Administrative Agent with the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19immediately available funds.

Appears in 1 contract

Samples: Credit Agreement (Time Warner Telecom Inc)

Procedure for Borrowing. The Subject to Section 4, the Borrower may borrow under the Commitments during the Commitment Period on any Business Day, with respect to Term Benchmark Loans, or any Business Day, with respect to ABR Loans, provided that the Borrower shall give the Administrative Agent irrevocable notice, notice (a “Borrowing Notice”) (which notice Borrowing Notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to (a) 11:00 A.M., New York City time, two three Business Days prior to the requested Borrowing DateDate for a Term Benchmark Loan, in the case of Eurodollar Loans, or (b) 12:00 Noon, New York City time, and 11:00 a.m. on the requested Borrowing DateDate for an ABR Loan), in the case of ABR Loans. Each such notice shall specify specifying (i) the aggregate amount to be borrowedborrowed and the aggregate amount outstanding after giving effect to such borrowing, (ii) the requested Borrowing DateType of each Loan requested, (iii) whether the borrowing is to be of Eurodollar Loans, ABR Loans, or a combination thereof requested Borrowing Date and (iv) if the borrowing is with respect to be entirely or partly of Eurodollar Loansany Term Benchmark Loan, the respective lengths of the initial Interest Periods therefor. Each The aggregate amount of each borrowing by the Borrower under the Commitments on any Borrowing Date shall be in an amount equal to (xi) in the case of as to each ABR LoansLoan, $5,000,000 1,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof and (yor, if the then Available Commitments are less than $1,000,000, such lesser amount); (ii) in the case of Eurodollar Loansas to each Term Benchmark Loan, $10,000,000 1,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof; provided that thereof (i) a borrowing under or, if the then Available Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may requestare less than $1,000,000, on behalf of the Borrower, borrowings of ABR Loans in other amounts pursuant to Section 2.20(bsuch lesser amount). Upon receipt of any such notice Borrowing Notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 prior to 1:00 4:00 P.M., New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower on such Borrowing Date by the Administrative Agent crediting transferring by wire to the custodian of and for the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19.

Appears in 1 contract

Samples: Credit Agreement

Procedure for Borrowing. The Borrower may borrow under the Commitments during the Commitment Period on any Business DayIn order to effect a borrowing hereunder, provided that the Borrower shall give notice to the Administrative Agent irrevocable noticeAgent, which may be given by: (A) telephone or (B) a Notice of Borrowing (which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to (a) 11:00 A.M.1:00 P.M., New York City time, two (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar LoansLoans (or, in the case of Term A-1 Loans and Revolving Loans on the Amendment No. 2 Effective Date, one Business Day), or (b) 12:00 Noon, New York City time, on one Business Day prior to the requested Borrowing Date, in the case of ABR Loans. Each ) (provided that any such Notice of Borrowing of ABR Loans under the Revolving Facility to finance payments required by Section 3.5 may be given not later than 1:00 P.M. New York City time, on the date of the proposed borrowing and, provided, further, that any telephonic notice shall specify must be confirmed immediately by delivery to the Administrative Agent of a Notice of Borrowing), specifying (i) the amount Class of Loan to be borrowed, (ii) the requested Borrowing Dateamount and Type of Loans to be borrowed, (iii) whether the borrowing is to be requested Borrowing Date and (iv) in the case of Eurodollar Loans, ABR Loans, or a combination thereof the respective amounts of each such Type of Loan and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective lengths of the initial Interest Periods Period therefor. Each borrowing under (other than a borrowing of Term A-1 Loans on the Commitments Amendment No. 2 Effective Date) shall be in an aggregate amount equal to (x) in the case of ABR Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof (or, if the then aggregate relevant Available Revolving Commitments are less than $5,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $10,000,000 or a whole multiple of $1,000,000 in excess thereof; provided provided, that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.20(b)2.5. Upon receipt of any such notice Notice of Borrowing from the Borrower, the Administrative Agent shall promptly notify each relevant Lender thereof. Each relevant Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent (in the case of any Revolving Loan, based on respective Revolving Percentages of the Revolving Lenders) for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 Funding Office prior to 1:00 10:00 A.M., New York City time (or 2:00 P.M., New York City timetime in respect of ABR Loans under the Revolving Facility to finance payments required by Section 3.5), on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent; provided that, in the event that any Revolving Lender fails to make available to the Administrative Agent any portion of such amount prior to 10:30 A.M. New York City time (or 2:30 P.M., New York City time in respect of ABR Loans under the Revolving Facility to finance payments required by Section 3.5) on the relevant -41- Borrowing Date, the Borrower shall be deemed to have provided notice to the Swingline Lender in accordance with Section 2.5 requesting a Swingline Loan in an amount equal to the aggregate amount of any such shortfall, rounded up to the applicable whole multiple of $500,000 (but in no event exceeding, together with all outstanding Swingline Loans, the Swingline Commitment). Such borrowing (including any such Swingline Loan) will then be made available not later than 11:00 A.M., New York City time (or 3:00 P.M., New York City time in respect of ABR Loans under the Revolving Facility to finance payments required by Section 3.5), to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the relevant Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19.

Appears in 1 contract

Samples: Credit Agreement (Charter Communications, Inc. /Mo/)

Procedure for Borrowing. The Borrower may borrow under the Commitments during the Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice, notice (which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to (a) 11:00 A.M.prior to 4:00 P.M., New York City time, two three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) 12:00 Noonprior to 1:00 P.M., New York City time, time on the requested Borrowing Date, in the case of ABR Loans. Each ) (provided that any such notice shall specify of a borrowing of ABR Loans to finance payments required by Section 3.5 may be given not later than 11:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount and Type of Loans to be borrowed, (ii) the requested Borrowing Date, Date and (iii) whether in the borrowing is to be case of Eurodollar Loans, ABR Loans, or a combination thereof the respective amounts of each such Type of Loan and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective lengths of the initial Interest Periods Period therefor. Each borrowing under the Commitments shall be in an amount equal to (x) in the case of ABR Loans, $1,000,000 or a whole multiple thereof (or, if the then aggregate Available Commitments are less than $1,000,000, such lesser amount), (y) in the case of Eurodollar Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (yz) in the case of Eurodollar Competitive Loans, $10,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of ABR Loans in other amounts pursuant to Section 2.20(b). Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 Funding Office prior to 1:00 P.M., New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19.3:00

Appears in 1 contract

Samples: Credit Agreement (Air Lease Corp)

Procedure for Borrowing. (a) The Borrower may borrow under the Commitments request an Advance (or, during the Commitment Period Term Period, a disbursement of funds from the Collateral Advance Account) hereunder, on any Business DayDay during the period from and including the Effective Date to but excluding the Termination Date, provided that the Borrower shall give by delivering to the Administrative Agent irrevocable noticeand each Managing Agent, which notice must be with a copy to the Custodian, a Notice of Borrowing and Pledge, appropriately completed and executed by a Responsible Officer of the Borrower Borrower, which Notice of Borrowing and Pledge must be received by the Administrative Agent and each Managing Agent, with a copy to the Custodian, prior to (a) 11:00 A.M.3:00 p.m., New York City time, two one (1) Business Days Day prior to the requested Funding Date; provided, that the Borrower shall not request more than two Advances (or, during the Term Period, a disbursement of funds from the Collateral Advance Account) for any calendar week. Such Notice of Borrowing Date, in the case of Eurodollar Loans, or (b) 12:00 Noon, New York City time, on the requested Borrowing Date, in the case of ABR Loans. Each such notice and Pledge shall specify (i) attach a schedule identifying the amount Eligible Medallion Loans that the Borrower proposes to pledge to the Administrative Agent and to be borrowedincluded in the Borrowing Base in connection with such Advance (or, during the Term Period, such disbursement of funds from the Collateral Advance Account), (ii) contain the amount of the Advance (or, during the Term Period, the disbursement of funds from the Collateral Advance Account) requested Borrowing to be made on such Funding Date, (iii) whether specify the borrowing is to be of Eurodollar Loansrequested Funding Date, ABR Loans, or a combination thereof and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective lengths include certification from a Responsible Officer of the initial Interest Periods therefor. Each borrowing under Borrower (A) as to the Commitments shall be satisfaction of all of the matters referred to in an amount equal Sections 5.02 (a), (b) and (c) hereof, (B) that, as of the requested Funding Date with respect to (x) each Eligible Medallion Loan listed in the case Notice of ABR Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof Borrowing and Pledge after giving effect to the requested increase (1) the Custodian shall have (A) received the Medallion Loan File with respect to each such Eligible Medallion Loan and (yB) sent a “Trust Receipt” (as defined in the case of Eurodollar Loans, $10,000,000 or a whole multiple of $1,000,000 in excess thereof; provided that (iCustodial Agreement) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of ABR Loans in other amounts pursuant to Section 2.20(b). Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for each such Eligible Medallion Loan included in the account calculation of the Borrowing Base, or (2) such Eligible Medallion Loan is a Wet Loan and the Borrower at has acquired such Wet Loan, (v) attach a “Wet Loan Schedule” (as defined in the office Servicing Agreement) as of the Administrative Agent specified in Section 9.2 prior to 1:00 P.M.requested Funding Date, New York City time, on the Borrowing Date and (vi) contain (by attachment) such other information reasonably requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made , the Managing Agents or the Lenders from time to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19time.

Appears in 1 contract

Samples: Loan and Security Agreement (Medallion Financial Corp)

Procedure for Borrowing. The Any Borrower may borrow under the Commitments Loans in Euros and Alternate Currencies during the Commitment Period on any Business Day, provided that the relevant Borrower shall give the Administrative Agent irrevocable notice, notice (which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to (a) 11:00 10:00 A.M., New York City London time, two three Business Days prior to the requested Borrowing Date), in the case of Eurodollar Loans, or (b) 12:00 Noon, New York City time, on the requested Borrowing Date, in the case of ABR Loans. Each such notice shall specify specifying (i) the amount to be borrowed, (ii) the requested Borrowing Date, (ii) the respective amounts of each Loan in each currency and (iii) whether the borrowing is to be of Eurodollar Loans, ABR Loans, or a combination thereof and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective lengths of the initial Interest Periods Period therefor. Each borrowing Loan under the Commitments shall be in an amount equal to (w) in the case of Euro Loans, (euro)5,000,000 or a whole multiple of (euro)1,000,000 in excess thereof, (x) in the case of ABR Sterling Loans, (pound)5,000,000 or a whole multiple of (pound)500,000 in excess thereof, (y) in the case of Dollar Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (yz) in the case of Eurodollar LoansLoans denominated in any other Alternate Currency, $10,000,000 in an amount of which the Euro Equivalent shall be approximately (euro)5,000,000 or a whole multiple of $1,000,000 (euro)1,000,000 in excess thereof; provided that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of ABR Loans in other amounts pursuant to Section 2.20(b). Upon receipt of any such notice from the any Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the relevant Borrower at the office of the Administrative Agent specified in Section 9.2 Funding Office prior to 1:00 P.M.12:00 Noon, New York City London time, or 3:00 p.m., London time in the case of Dollar Loans, in each case, on the Borrowing Date requested by the such Borrower in funds immediately available in Euros or the relevant Alternate Currency to the Administrative Agent. Such borrowing will then be made available to the relevant Borrower by the Administrative Agent crediting the account of the such Borrower on the books of such office Office with the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made Agent or by wire transfer of such amounts to finance the reimbursement of an LC Disbursement as provided account designated in Section 3.5 shall be remitted writing by such Borrower to the Administrative Agent to in connection with the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19relevant borrowing.

Appears in 1 contract

Samples: Year Credit Agreement (Thermo Electron Corp)

Procedure for Borrowing. The Borrower may borrow under the Commitments during the Commitment Period Loans on any Business Day, ; provided that the Borrower shall give notify the Administrative Agent irrevocable notice, which notice must be executed by a Responsible Officer telephone of the Borrower and received by Borrowing (the Administrative Agent prior to (a“Borrowing Request”) not later than 11:00 A.M.a.m., New York City time, two time (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or and (b) 12:00 Noon, New York City time, on the requested Borrowing Date, in the case of ABR Alternate Base Rate Loans. Each telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by either hand delivery (including overnight courier), facsimile or e-mail electronic transmission to the Administrative Agent of a written Borrowing Request, substantially in the form of Exhibit A attached hereto or such notice other form as may be approved by the Administrative Agent, signed by the Borrower. Each such telephonic and written Borrowing Request shall specify (i) the amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether the borrowing Borrowing is to be consist of Eurodollar Loans, ABR Alternate Base Rate Loans, or a combination thereof and (in each case stating the amounts requested), (iv) if in the borrowing is to be entirely or partly case of Eurodollar Loans, the respective lengths length of the initial Interest Periods Period(s) therefor, and (v) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.12. Each borrowing under the Commitments Borrowing shall be in an aggregate principal amount equal not less than the lesser of (i) (A) with respect to (x) in the case of ABR Eurodollar Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof thereof, and (yB) in the case of Eurodollar with respect to Alternate Base Rate Loans, $10,000,000 500,000 or a whole multiple of $1,000,000 100,000 in excess thereof; provided that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 , and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of ABR Loans in other amounts pursuant to Section 2.20(b)then unused Commitments. Upon receipt of any such notice from the Borrowernotice, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing Borrowing available to the Administrative Agent for the account of the Borrower at the office in accordance with Section 2.12. The proceeds of the Administrative Agent specified in Section 9.2 prior to 1:00 P.M., New York City time, on the each such Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing of Loans will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office in accordance with the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.192.12.

Appears in 1 contract

Samples: 364 Day Revolving Credit Agreement (Questar Corp)

Procedure for Borrowing. The (a) Any Borrower may borrow under the Commitments hereunder during the Commitment Period on any Business Day, provided that the such Borrower or Sanyo on its behalf shall give the Administrative Agent irrevocable notice, notice (which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent (i) prior to 12:00 noon on the requested Borrowing Date with respect to Base Rate Loans and (aii) 11:00 A.M., New York City time, two prior to 12:00 noon on the date three Business Days prior to the requested Borrowing DateDate with respect to LIBOR Loans), which notice shall be substantially in the case form of Eurodollar LoansExhibit B-1 and shall be duly completed by such Borrower or Sanyo (each, or (b) 12:00 Noon, New York City time, on the requested Borrowing Date, in the case a "Notice of ABR LoansBorrowing"). Each such notice Notice of Borrowing given to the Administrative Agent by any Borrower or by Sanyo on behalf of any Borrower shall specify (i) be deemed given by all the amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether the borrowing is to be of Eurodollar Loans, ABR Loans, or a combination thereof Borrowers jointly and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective lengths of the initial Interest Periods thereforseverally. Each borrowing under the Commitments Borrowing consisting of LIBOR Loans shall be in an amount equal to $1,000,000 or any greater amount that is a whole multiple of $100,000 and, except for Borrowings under Section 2.2(b), each Borrowing consisting of Base Rate Loans shall be in an amount equal to $25,000 or any greater amount that is a whole multiple of $10,000 (x) in or, if the case of ABR Loans, Aggregate Commitments on the requested Borrowing Date are less than $5,000,000 25,000 or a whole multiple of $1,000,000 in excess thereof and (y) in 10,000, such lesser amount). If the case of Eurodollar Loans, $10,000,000 or a whole multiple of $1,000,000 in excess thereof; provided that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf Type of the Borrowerrequested Loans is not specified in a Notice of Borrowing, borrowings of ABR then such Loans shall be made as Base Rate Loans. If no Interest Period is specified with respect to any requested LIBOR Loans in other amounts pursuant a Notice of Borrowing, then the relevant Borrower shall be deemed to Section 2.20(b)have selected an Interest Period of one month's duration. Upon receipt of any such notice from a Borrower or the BorrowerParent Guarantor, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share Percentage of each borrowing Borrowing available to the Administrative Agent for the account of the relevant Borrower in Dollars and in immediately available funds at the office of the Administrative Agent specified in Section 9.2 at 000 Xxxx 00xx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, prior to 1:00 P.M., New York City time, p.m. on the requested Borrowing Date requested Date. The Administrative Agent shall make the amounts received by it from the Borrower in funds immediately Lenders available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of the relevant Borrower on the books of requested Borrowing Date by crediting such office with the aggregate of the amounts made available to the Administrative Agent account maintained by the Lenders promptly upon receipt thereof and in like funds as received by such Borrower with the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19.

Appears in 1 contract

Samples: Credit Agreement (Brake Headquarters U S a Inc)

Procedure for Borrowing. The Borrower may borrow Whenever Borrowers desire an Advance under the Commitments during the Commitment Period on any Business DayCommitment, provided that the Borrower they shall give Agent telegraphic, telex, facsimile or telephonic notice ("Notice of Borrowing") of such requested Advance, which in the Administrative Agent irrevocable case of telephonic notice, which notice must shall be executed by a Responsible Officer promptly confirmed in writing. Each Notice of Borrowing shall be in the Borrower form of Exhibit "A" attached hereto and shall be received by the Administrative Agent not later than 11:00 a.m. Midland, Texas time, (i) one Business Day prior to the Borrowing Date in the case of Base Rate Loans, or (aii) 11:00 A.M., New York City time, two three Business Days prior to the requested any proposed Borrowing Date, Date in the case of Eurodollar Loans, or (b) 12:00 Noon, New York City time, on the requested Borrowing Date, in the case of ABR LIBOR Loans. Each such notice Notice of Borrowing shall specify (i) the Borrowing Date (which shall be a Business Day), (ii) the principal amount to be borrowed, (iiiii) the requested Borrowing Date, (iii) whether portion of the borrowing is to be of Eurodollar Loans, ABR Loans, or a combination thereof Advance constituting Base Rate Loans and/or LIBOR Loans and (iv) if any portion of the borrowing proposed Advance is to be entirely or partly of Eurodollar constitute LIBOR Loans, the respective lengths of the initial Interest Periods thereforPeriod selected by Borrowers pursuant to Section 4 hereof to be applicable thereto. Each borrowing under Upon receipt of such Notice, Agent shall advise each Lender thereof; provided, that if the Commitments shall be in an amount equal Lenders have received at least one (1) day's notice of such Advance prior to funding of a Base Rate Loan, or at least three (x3) days' notice of each Advance prior to funding in the case of ABR Loansa LIBOR Loan, $5,000,000 or a whole multiple each Lender shall provide Agent at its office at 1004 N. Big Spring, Suite 121, Midland, Texas 79701, nxx xxxxx xxxx 0:00 x.x., Xxxxxxx, Xxxxx xxxx, xx xxx Borrowing Date, in immediately available funds, its Pro Rata Part of $1,000,000 in excess thereof and (y) in the case of Eurodollar Loansrequested Advance, $10,000,000 or a whole multiple of $1,000,000 in excess thereof; provided that (i) a borrowing under but the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated such fundings by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of ABR Loans in other amounts pursuant to Section 2.20(b). Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereofshall never exceed such Lender's Commitment. Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 prior to 1:00 P.M.Not later than 2:00 p.m., New York City Midland, Texas time, on the Borrowing Date requested by the Borrower in funds immediately Date, Agent shall make available to the Administrative AgentBorrowers at the same office, in like funds, the aggregate amount of such requested Advance. Such borrowing will then be Neither Agent nor any Lender shall incur any liability to the Borrowers in acting upon any Notice of Borrowing referred to above which Agent or such Lender believes in good faith to have been given by a duly authorized officer or other person authorized to borrow on behalf of Borrowers or for otherwise acting in good faith under this Section 2(c). Upon funding of Advances by Lenders and such funds being made available to Borrowers in accordance with this Agreement, pursuant to any such Notice, the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 Borrowers shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19have effected Advances hereunder.

Appears in 1 contract

Samples: Credit Agreement (Parallel Petroleum Corp)

Procedure for Borrowing. The Borrower may borrow under the Commitments during the Commitment Period on any Business DayIn order to effect a borrowing hereunder, provided that the Borrower shall give the Administrative Agent irrevocable notice, notice (which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to 12:00 Noon, Houston time, (a) 11:00 A.M., New York City time, two three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) 12:00 Noon, New York City time, on one Business Day prior to the requested Borrowing Date, in the case of ABR Loans. Each such notice shall specify ), specifying (i) the amount Facility under which such Loan is to be borrowed, (ii) the requested Borrowing Dateamount and Type of Loans to be borrowed, (iii) whether the borrowing is to be requested Borrowing Date and (iv) in the case of Eurodollar Loans, ABR Loans, or a combination thereof the respective amounts of each such Type of Loan and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective lengths of the initial Interest Periods Period therefor. Any 34 29 Loans made on the Restatement Effective Date shall initially be ABR Loans. Each borrowing under the Commitments shall be in an aggregate amount equal to (x) in the case of ABR Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof (or, if the then aggregate Available Revolving Commitments are less than $5,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $10,000,000 or a whole multiple of $1,000,000 in excess thereof; provided provided, that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.20(b)2.5. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each relevant Lender thereof. Each relevant Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 Funding Office prior to 1:00 P.M.11:00 A.M., New York City Houston time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available not later than 2:00 P.M., Houston time, to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the relevant Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19.

Appears in 1 contract

Samples: Credit Agreement (Charter Communications Holdings Capital Corp)

Procedure for Borrowing. (a) The Borrower Company may borrow under the Commitments during the Commitment Period on any Business Day, ; provided that the Borrower Company shall give deliver to the Administrative Agent irrevocable noticea Borrowing Certificate, which notice certificate to be effective on the requested Borrowing Date must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to (a) 11:00 A.M., New York City time, two prior to 12:00 noon three Business Days prior to the requested Borrowing Date, in if all or any part of the case of Eurodollar requested Loans are to be initially LIBOR Loans (other than Foreign Currency Loans), or (b) 12:00 Noonprior to 10:00 a.m. (London, New York City England time) four Business Days prior to the requested Borrowing Date, if all or any part of the requested Loans are to be Foreign Currency Loans or (c) prior to 12:30 p.m. on the requested Borrowing Date, otherwise, in the each case of ABR Loans. Each such notice shall specify specifying (i) the amount to be borrowed, (ii) the currency to be borrowed, (iii) the requested Borrowing Date, (iiiiv) whether the borrowing is to be of Eurodollar LIBOR Loans, ABR Loans, Base Rate Loans or a combination thereof (if the borrowing is to be denominated in a Foreign Currency, the borrowing must be comprised entirely of LIBOR Loans) and (ivv) if the borrowing is to be entirely or partly of Eurodollar LIBOR Loans, the aggregate amount of such LIBOR Loans and the amounts of each such LIBOR Loan and the respective lengths length of the initial Interest Periods Period therefor. Each borrowing under the Commitments shall be in an amount a Dollar Amount equal to (x) in the case of ABR Base Rate Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (or, if the then Available Commitments are less than $5,000,000, such lesser amount) or (y) in the case of Eurodollar LIBOR Loans, $10,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of ABR Loans in other amounts pursuant to Section 2.20(b). Upon receipt of any such notice from the Borrowera Borrowing Certificate, the Administrative Agent shall promptly notify each Lender Bank thereof. Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 prior to 1:00 P.M., New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19.

Appears in 1 contract

Samples: Credit Agreement (Western Union CO)

Procedure for Borrowing. The Borrower Company may borrow under the ----------------------- Commitments during the Commitment Period on any Business Day, provided that the Borrower -------- Company shall give deliver to the Administrative Agent irrevocable notice, a Borrowing Certificate (which notice certificate to be effective on the requested Borrowing Date must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to (a) 11:00 A.M.prior to noon, New York City time, three Business Days prior to the requested Borrowing Date, if all or any part of the requested Revolving Credit Loans are to be initially Eurodollar Loans, (b) prior to noon, New York City time, two Business Days prior to the requested Borrowing Date, in if all or any part of the case of Eurodollar requested Revolving Credit Loans are to be initially C/D Rate Loans, or (bc) 12:00 Noonprior to noon, New York City time, on the requested Borrowing Date, in the case of ABR Loans. Each such notice shall specify otherwise), specifying (i) the amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether the borrowing is to be of Eurodollar Loans, ABR Loans, C/D Rate Loans or a combination thereof and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans or C/D Rate Loans, the respective amounts of each such Type of Revolving Credit Loan and the respective lengths of the initial Interest Periods therefor. Each borrowing under the Commitments shall be in an amount equal to (x) in the case of ABR Loans other than a Swing Line Loan, $5,000,000 or a whole multiple of $1,000,000 in excess thereof (or, if the then Available Commitments are less than $5,000,000, such lesser amount) and (y) in the case of Eurodollar Loans or C/D Rate Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (y) in the case of Eurodollar Loans, $10,000,000 or a whole multiple of $1,000,000 in excess thereof; provided that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of ABR Loans in other amounts pursuant to Section 2.20(b). Upon receipt of any such notice from the Borrowera Borrowing Certificate, the Administrative Agent shall promptly notify each Lender Bank thereof. Each Lender Bank will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower Company at the office of the Administrative Agent specified in Section subsection 9.2 prior to 1:00 2:00 P.M., New York City timetime in the case of ABR Loans and 11:00 A.M., New York City time in the case of Eurodollar Loans and C/D Rate Loans, on the Borrowing Date requested by the Borrower Company in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower Company by the Administrative Agent crediting the account of the Borrower Company on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof Banks and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19.

Appears in 1 contract

Samples: Agreement (First Data Corp)

Procedure for Borrowing. (a) The Borrower may borrow under the Revolving Credit Commitments during the Revolving Credit Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice, notice (which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to (a) 11:00 A.M.1:00 P.M., New York City time, two (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) 12:00 Noon, New York City time, on the requested Borrowing Date, in the case of ABR Base Rate Loans. Each such notice shall specify ), specifying (i) the amount and Type of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date, Date and (iii) whether in the borrowing is to be case of Eurodollar Loans, ABR Loans, or a combination thereof the respective amounts of each such Type of Loan and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective lengths of the initial Interest Periods Period therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate Loans. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of ABR Base Rate Loans, $5,000,000 1,000,000 or a whole multiple of thereof (or, if the Revolving Credit Availability is less than $1,000,000 in excess thereof 1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $10,000,000 1,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof; provided that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of ABR Loans in other amounts pursuant to Section 2.20(b). Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Revolving Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 Funding Office prior to 1:00 P.M., New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19.

Appears in 1 contract

Samples: Possession Credit Agreement (NBC Acquisition Corp)

Procedure for Borrowing. (a) The Borrower may borrow under the Revolving Credit Commitments during the Revolving Credit Commitment Period on any Working Day, if all or any part of the requested Revolving Credit Loans are to be initially Eurodollar Loans, or on any Business Day, otherwise, provided that the Borrower shall give the Administrative Agent irrevocable notice, notice (which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to (a) 11:00 10:00 A.M., New York City time, two Business (i) three Working Days prior to the requested Borrowing Date, in if all or any part of the case of requested Revolving Credit Loans are to be initially Eurodollar Loans, or (bii) 12:00 Noon, New York City time, on one Business Day prior to the requested Borrowing Date, in the case of ABR Loans. Each such notice shall specify otherwise), specifying (iw) the amount to be borrowed, (iix) the requested Borrowing Date, (iiiy) whether the borrowing is to be of Eurodollar Loans, ABR Loans, Alternate Base Rate Loans or a combination thereof thereof, and (ivz) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective amounts of such Type of Revolving Credit Loan and the respective lengths of the initial Interest Periods therefor. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) i. in the case of ABR Alternate Base Rate Loans, $5,000,000 500,000 or a whole multiple of thereof (or, if the then Available Revolving Credit Commitments are less than $1,000,000 in excess thereof 500,000, such lesser amount) and (y) ii. in the case of Eurodollar Loans, $10,000,000 1,000,000 or a whole multiple of $1,000,000 100,000 in excess thereof; provided that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of ABR Loans in other amounts pursuant to Section 2.20(b). Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Credit Lender thereof. Each Revolving Credit Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 11.2 prior to 1:00 P.M.11:00 A.M., New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of SEVENTH AMENDED AND RESTATED CREDIT AGREEMENT the amounts made available to the Administrative Agent by the Revolving Credit Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19.

Appears in 1 contract

Samples: Credit Agreement (Gulfterra Energy Partners L P)

Procedure for Borrowing. The Borrower may borrow under the Commitments during the Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice, notice (which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to (a) 11:00 A.M.a.m., New York City time, two three Business Days prior to the requested Borrowing Date, in if all or any part of the case of Eurodollar Loansrequested Loans are to be initially EurodollarTerm Benchmark Loans or, or (b) 12:00 Noon11:00 a.m., New York City time, on the requested Borrowing Date if the requested Loans are to be initially ABR Loans or (c) solely to the extent applicable following a Benchmark Replacement or otherwise pursuant to Section 2.14, 11:00 a.m., New York City time, five Business Days prior to the requested Borrowing Date, in if all or any part of the case of ABR requested Loans are to be initially RFR Loans. Each such notice shall specify ), specifying (i) the amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether the borrowing is to be of Eurodollar EurodollarTerm Benchmark Loans, ABR Loans, Loans or a combination thereof and (iv) if the borrowing is to be entirely or partly of Eurodollar EurodollarTerm Benchmark Loans, the respective amounts of each such Loan and the respective lengths of the initial Interest Periods therefor. Each borrowing under the Commitments of Loans shall be in an a minimum aggregate principal amount equal to (x) in the case of ABR Loans, $5,000,000 50,000,000 or a whole multiple of $1,000,000 in excess thereof and (y) in the case of Eurodollar Loans, $10,000,000 or a whole multiple of $1,000,000 5,000,000 in excess thereof; provided that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of ABR Loans in other amounts pursuant to Section 2.20(b). Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereofof the aggregate amount of such borrowing and of the amount of such Xxxxxx’s Loans. Each Lender will make the amount of its pro rata share of each borrowing Loans available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 11.2 prior to 1:00 P.M.2:00 p.m., New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19.

Appears in 1 contract

Samples: Credit Agreement (Kyndryl Holdings, Inc.)

Procedure for Borrowing. The Borrower may borrow under the Revolving Credit Commitments on or after the Amendment Effective Date during the Commitment Period on any Business Day, provided that Day by giving the Borrower shall give the Administrative Agent irrevocable notice, notice in the form of Exhibit A-1 (which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to (ax) 11:00 A.M.12:00 p.m., New York City Eastern time, two at least three (3) Business Days prior to the requested Borrowing Date, in if all or any part of the case of requested Revolving Credit Loans are to be initially Eurodollar Loans, or (by) 12:00 Noonp.m., New York City Eastern time, on the requested Borrowing Date, in the case of ABR Loans. Each such notice shall specify otherwise), specifying (i) the amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether the borrowing is to be Type of Eurodollar Loansthe requested borrowing, ABR Loans, or a combination thereof and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective lengths of the initial amounts and Eurodollar Interest Periods thereforthereof and (v) the purpose of such borrowing: e.g. whether the proceeds are to be used for working capital, to make an Initial Permitted Acquisition or a Subsequent Permitted Acquisition, to make advances to CSF, etc. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (xA) in the case of ABR Alternate Base Rate Loans, $5,000,000 250,000 or a whole multiple of $1,000,000 100,000 in excess thereof and (yor, if the then Available Revolving Credit Commitments are less than $250,000, such lesser amount) or (B) in the case of Eurodollar Loans, $10,000,000 250,000 or a whole multiple of $1,000,000 100,000 in excess thereof; provided that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of ABR Loans in other amounts pursuant to Section 2.20(b). Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender Bank thereof. Each Lender Bank will make the amount of its pro rata share (based on its Commitment Percentage) of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 subsection 10.2 prior to 1:00 P.M.2:00 p.m., New York City Eastern time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof Banks and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19.

Appears in 1 contract

Samples: Credit Agreement (Outsource International Inc)

Procedure for Borrowing. The Borrower may borrow under the Commitments during the Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice, notice by delivering a Notice of Borrowing (which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to (a) 11:00 A.M., New York City time, two (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) 12:00 Noon, New York City time, on one Business Day prior to the requested Borrowing Date, in the case of ABR Loans. Each ) (provided that any such notice shall specify of a borrowing of ABR Loans under the Facility to finance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount and Type of Loans to be borrowed, (ii) the requested Borrowing Date, Date and (iii) whether in the borrowing is to be case of Eurodollar Loans, ABR Loans, or a combination the respective amounts of each Eurodollar Tranche in respect thereof and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective lengths of the initial Interest Periods therefor. Each borrowing under the Commitments shall be in an amount equal to (x) in the case of ABR Loans, $5,000,000 1,000,000 or a whole multiple of thereof (or, if the then aggregate Available Commitments are less than $1,000,000 in excess thereof 1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $10,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of ABR Loans in other amounts pursuant to Section 2.20(b). Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 Funding Office prior to 1:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Marriott Vacations Worldwide Corp)

Procedure for Borrowing. The Borrower may borrow under the Commitments during the Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice, which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to (a) 11:00 A.M., New York City time, two Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) 12:00 Noon11:00 A.M., New York City time, on the requested Borrowing Date, in the case of ABR Loans. Each such notice shall specify (i) the amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether the borrowing is to be of Eurodollar Loans, ABR Loans, or a combination thereof and thereof, (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective lengths of the initial Interest Periods therefortherefor and (v) the account into which such borrowing is to be deposited. Each borrowing under the Commitments shall be in an amount equal to (x) in the case of ABR Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (y) in the case of Eurodollar Loans, $10,000,000 or a whole multiple of $1,000,000 in excess thereof; provided that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of ABR Loans in other amounts pursuant to Section 2.20(b). Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 prior to 1:00 3:00 P.M., New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting by depositing to the account of specified by the Borrower on the books of in such office with notice the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19.

Appears in 1 contract

Samples: Day Revolving Credit Agreement (SOUTHERN CALIFORNIA EDISON Co)

Procedure for Borrowing. (a) The Borrower Borrowers may borrow under the Commitments during the Commitment Period on any Business Day; provided that, provided that with respect to any borrowing, the Borrower Borrowers shall give the Administrative Agent irrevocable notice, notice (which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to 12:00 noon (a) 11:00 A.M.or, with respect to Swing Line Loans, 2:00 p.m.), New York City time, two (i) three Business Days prior to the requested Borrowing DateDate if all or any part of the Loans are to be Eurodollar Loans and (ii) on the Borrowing Date (or, in the case of Eurodollar LoansSwing Line Loans and, or (b) 12:00 Noonif the Closing Date occurs on the date this Agreement is executed and delivered, New York City timeLoans made on the Closing Date, on the requested Borrowing Date, in the case of ABR Loans. Each such notice shall specify (i) the amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether if the borrowing is to be solely of Alternate Base Rate Loans) and specifying (a) the amount of the borrowing, (b) whether such Loans are initially to be Eurodollar Loans, ABR Loans, Loans or Alternate Base Rate Loans or a combination thereof and thereof, (ivc) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective lengths length of the initial Interest Periods therefor. Each borrowing under the Commitments shall be in an amount equal to (x) in the case of ABR Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof Period for such Eurodollar Loans and (yd) in whether the case of Eurodollar Loans, $10,000,000 Loan is a Swing Line Loan or a whole multiple of $1,000,000 in excess thereof; provided that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of ABR Loans in other amounts pursuant to Section 2.20(b)Revolving Credit Loan. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each affected Lender thereof. Each Not later than 12:00 noon, New York City time, on the Borrowing Date specified in such notice, each affected Lender will shall make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 prior to 1:00 P.M., New York City time, on 11.2 (or at such other location as the Borrowing Date requested by the Borrower Administrative Agent may direct) an amount in funds immediately available funds equal to the Administrative Agent. Such borrowing amount of the Loan to be made by such Lender (except that proceeds of Swing Line Loans will then be made available to the Borrower Borrowers in accordance with subsection 2.4(a)). Loan proceeds received by the Administrative Agent hereunder shall promptly be made available to the Borrowers by the Administrative Agent’s crediting the account of the Borrower on Borrowers, at the books office of such office the Administrative Agent specified in Section 11.2, with the aggregate of the amounts made available to amount actually received by the Administrative Agent by from the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19.

Appears in 1 contract

Samples: Loan and Security Agreement (Texas Market Tire, Inc.)

Procedure for Borrowing. (a) The Borrower Company may borrow under the Commitments during the Commitment Period on any Business Day, provided that that, with respect to any borrowing, the Borrower Company shall give the Administrative Agent irrevocable notice, notice (which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to 2:00 p.m. (a) 11:00 A.M.or, with respect to Swing Line Loans, 3:00 p.m.), New York City time), two (i) three Business Days prior to the requested Borrowing DateDate if all or any part of the Loans are to be Eurodollar Loans and (ii) one Business Day prior to the requested Borrowing Date (or, in the case of Eurodollar Loans, or (b) 12:00 Noon, New York City timeSwing Line Loans and Loans made on the Closing Date, on 37 32 the requested Borrowing Date, in the case of ABR Loans. Each such notice shall specify (i) the amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether if the borrowing is to be solely of Alternate Base Rate Loans and specifying (A) the amount of the borrowing, (B) whether such Loans are initially to be Eurodollar Loans, ABR Loans, Loans or Alternate Base Rate Loans or a combination thereof and thereof, (ivC) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective lengths length of the initial Interest Periods therefor. Each borrowing under Period for such Eurodollar Loans and (D) whether the Commitments Loan is a Tranche B-1 Term Loan (with respect to Loans made on the Closing Date), a Swing Line Loan or a Revolving Credit Loan; provided, however, that the Loans made on the Closing Date shall be in an amount equal to (x) in the case of ABR made initially as Alternate Base Rate Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (y) in the case of Eurodollar Loans, $10,000,000 or a whole multiple of $1,000,000 in excess thereof; provided that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of ABR Loans in other amounts pursuant to Section 2.20(b). Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereofLender. Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 prior to 1:00 P.M.Not later than 2:00 p.m., New York City time, on the Borrowing Date requested by the Borrower specified in funds immediately such notice, each Lender shall make available to the Administrative Agent. Such borrowing Agent at the office of the Administrative Agent specified in subsection 11.2 (or at such other location as the Administrative Agent may direct) an amount in immediately available funds equal to the amount of the Loan to be made by such Lender (except that proceeds of Swing Line Loans will then be made available to the Borrower Company in accordance with subsection 3.4(a)). Loan proceeds received by the Administrative Agent hereunder shall promptly be made available to the Company by the Administrative Agent's crediting the account of the Borrower on Company, at the books office of such office the Administrative Agent specified in subsection 11.2, with the aggregate of the amounts made available to amount actually received by the Administrative Agent by from the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19.

Appears in 1 contract

Samples: Credit Agreement (CSK Auto Corp)

Procedure for Borrowing. (a) The Borrower may borrow under the Commitments during the Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable written notice, which notice must be executed by a Responsible Officer of in substantially the Borrower and received by form attached hereto as Exhibit K (or such other form reasonably acceptable to the Administrative Agent prior to (a) 11:00 A.M., New York City time, two Business Days prior to the requested Borrowing DateAgent), in the case amount of Eurodollar Loansthe Initial Term Loan Commitment, or (b) 12:00 Noon, New York City time, on the requested Borrowing Date, in the case of ABR Loans. Each such notice shall specify (i) the amount to be borrowed, (ii) the requested Borrowing Date, (iii) specifying whether the borrowing is to be of Eurodollar Loans, SOFR Loans or ABR Loans, Loans or a combination thereof and (iv) if the borrowing is to be entirely or partly of Eurodollar Loansmore than one Type of Loan, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Periods therefor. Each borrowing under therefor (if applicable) and the Commitments shall be in an amount equal to proposed Borrowing Date (x) in which notice must have been received by the case of ABR Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (y) in the case of Eurodollar Loans, $10,000,000 or a whole multiple of $1,000,000 in excess thereof; provided that Administrative Agent by (i) a borrowing under 12:00 P.M., New York City time, at least three U.S. Government Securities Business Days prior to the Commitments that is an ABR Loan requested Borrowing Date for SOFR Loans (or such later time as may be agreed by the Administrative Agent in any aggregate amount that is required to finance the reimbursement of all its reasonable discretion) or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request12:00 P.M., on behalf of New York City time, at least one Business Day prior to the Borrower, borrowings of requested Borrowing Date for ABR Loans in other amounts pursuant to Section 2.20(bLoans). Upon receipt of any such written notice from the Borrower, the Administrative Agent shall promptly notify each applicable Lender thereof. Each Lender having a Term Loan Commitment will make the amount of its pro rata share of the applicable Commitments available, in each borrowing available to the Administrative Agent case for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 subsection 10.2 prior to 1:00 P.M., New York City time, time on the Borrowing Closing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by Upon receipt of all requested funds, the Administrative Agent crediting shall on such date wire to the account of the Borrower on the books of such office the Administrative Agent (or otherwise as directed by the Borrower) with the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement Borrower will direct such wire of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent funds so that upon completion of such wire to the applicable Issuing Lender and (y) Loans made to finance Borrower or another Loan Party, the reimbursement of a Swingline Loan as provided Borrower will be in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19compliance with subsection 7.11.

Appears in 1 contract

Samples: Credit Agreement (Abacus Life, Inc.)

Procedure for Borrowing. (a) The Borrower may borrow under the Commitments during the Commitment Period request a borrowing hereunder, on any Business DayDay during the period from and including the Effective Date to and including the Termination Date, provided that by delivering to the Borrower shall give Lender an irrevocable written Notice of Borrowing and Pledge substantially in the Administrative Agent irrevocable noticeform of Exhibit C hereto (a "Notice of Borrowing and Pledge"), appropriately completed which notice Notice of Borrowing and Pledge must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior Lender: (1) with respect to (a) 11:00 A.M.Securities which Lender has already underwritten, New York City time, two 2 Business Days prior to the requested Funding Date or (2) with respect to Securities which Lender has not previously underwritten, 20 Business Days prior to the requested Funding Date. Such Notice of Borrowing and Pledge shall (i) include a Security Schedule in respect of the Securities that the Borrower proposes to pledge to the Lender in connection with such Advance, (ii) contain the amount of the requested Advances, which shall in all events be at least equal to $1,000,000, to be made on such Funding Date (setting forth the amount of the Advance allocable to each Security set forth on the attached Security Schedule), (iii) specify the requested Funding Date, and (iv) contain (by attachment) such other information reasonably requested by the Lender from time to time. Upon receiving such Notice of Borrowing and Pledge, the Lender shall promptly deliver to Borrower a written confirmation in the case form of Eurodollar LoansExhibit D attached hereto (a "Confirmation"). Such Confirmation shall describe the Securities (including CUSIP number, or (b) 12:00 Noonif any), New York City time, on the requested Borrowing Date, in the case of ABR Loans. Each such notice shall specify identify Lender and Borrower and set forth (i) the amount to be borrowedFunding Date, (ii) the requested Borrowing Date, amount of the Advance (iii) whether the borrowing is to be of Eurodollar Loansapplicable Maturity Date (unless such advance matures on demand), ABR Loans, or a combination thereof and (iv) if the borrowing is LIBO Base Rate applicable to the Advance; (v) the Collateral Amount, (vi) the Applicable Margin and any additional terms or conditions not inconsistent with this Loan Agreement. Each Confirmation, together with this Loan Agreement, shall be entirely or partly of Eurodollar Loans, the respective lengths conclusive evidence of the initial Interest Periods thereforterms of the Advance covered thereby unless objected to in writing by the Borrower no more than two (2) Business Days after the date the Confirmation was received by the Borrower or unless a corrected Confirmation is sent by Lender. Each borrowing under An objection sent by the Commitments shall be in Borrower must state specifically that the writing is an amount equal objection, must specify the provision(s) being objected to (xby the Borrower, must set forth such provision(s) in the case of ABR Loansmanner that the Borrower believes they should be stated, $5,000,000 or a whole multiple of $1,000,000 in excess thereof and must be received by Lender no more than two (y2) in Business Days after the case of Eurodollar Loans, $10,000,000 or a whole multiple of $1,000,000 in excess thereof; provided that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated Confirmation was received by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of ABR Loans in other amounts pursuant . Subject to Section 2.20(b). Upon receipt of any 5 hereof, such notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 prior to 1:00 P.M., New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing Advance will then be made available to the Borrower by the Administrative Agent crediting the account of Lender transferring, via wire transfer (pursuant to wire transfer instructions provided by the Borrower on or prior to such Funding Date) the books aggregate amount of such office with the aggregate of the amounts made Advance in immediately available to the Administrative Agent by the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19funds.

Appears in 1 contract

Samples: Master Loan and Security Agreement (Criimi Mae Inc)

Procedure for Borrowing. The Borrower may borrow under the Commitments Commitment during the Commitment Period on any Business Day, ; provided provided that the Borrower shall give the Administrative Agent an irrevocable noticenotice substantially in the form of Exhibit B-1 (a "Notice of Borrowing") and, in accordance with Section 5.2(g), a Borrowing Base Certificate (which notice and certificate must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to (a) 11:00 A.M.10:00 a.m., New York City time, two (a) three Business Days prior to the requested Borrowing Date, in if all or any part of the case of requested Loans are to be Eurodollar LoansLoans initially, or (b) 12:00 Noon, New York City time, on one Business Day prior to the requested Borrowing Date, in the case of ABR Loans. Each such notice shall specify otherwise), specifying (i) the amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether the borrowing is to be of Eurodollar Loans, ABR Loans, Alternate Base Rate Loans or a combination thereof and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective amounts of such Eurodollar Loans and the lengths of the initial Interest Periods therefor. Each borrowing under the Commitments Commitment shall be in an amount equal to (x) in the case of ABR Alternate Base Rate Loans, $5,000,000 500,000 or a whole multiple of $1,000,000 100,000 in excess thereof (or, if the then Available Commitment is less than $500,000, such lesser amount) and (y) in the case of Eurodollar Loans, $10,000,000 500,000 or a whole multiple of $1,000,000 100,000 in excess thereof; provided that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of ABR Loans in other amounts pursuant to Section 2.20(b). Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 prior to 1:00 P.M.11:00 a.m., New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting in the account of manner specified by the Borrower on the books in such Notice of such office with Borrowing in the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19.

Appears in 1 contract

Samples: Credit Agreement (Advanced Communications Group Inc/De/)

Procedure for Borrowing. The Borrower may borrow under the Commitments during the Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice, notice (which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to (a) 11:00 A.M., New York City time, two (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) 12:00 Noon, New York City time, on one Business Day prior to the requested Borrowing Date, in the case of ABR Loans. Each ) (provided that any such notice shall specify of a borrowing of ABR Loans to finance payments required by Section 3.5 may be given not later than 10:00 A.M., New York City time, on the date of the proposed borrowing), specifying (i) the amount and Type of Loans to be borrowed, (ii) the requested Borrowing Date, Date and (iii) whether in the borrowing is to be case of Eurodollar Loans, ABR Loans, or a combination thereof the respective amounts of each such Type of Loan and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective lengths of the initial Interest Periods Period therefor. Any Loans made on the Closing Date shall initially be ABR Loans. Each borrowing under the Commitments shall be in an amount equal to (x) in the case of ABR Loans, $5,000,000 1,000,000 or a whole multiple of thereof (or, if the then aggregate Available Commitments are less than $1,000,000 in excess thereof 1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $10,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of ABR Loans in other amounts pursuant to Section 2.20(b). Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 Funding Office prior to 1:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19.

Appears in 1 contract

Samples: Credit Agreement (World Wrestling Entertainmentinc)

Procedure for Borrowing. The Borrower Company may borrow under the Commitments during the Commitment Period on any Business Day, provided that the Borrower Company shall give deliver to the Administrative Agent irrevocable notice, a Borrowing Certificate (which notice certificate to be effective on the requested Borrowing Date must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to (a) 11:00 A.M.prior to 12:00 noon, New York City time, two three Business Days prior to the requested Borrowing Date, in if all or any part of the case of requested Loans are to be initially Eurodollar Loans, or Loans and (b) prior to 12:00 Noonnoon, New York City time, on the requested Borrowing Date, in the case of ABR Loans. Each such notice shall specify otherwise), specifying (i) the amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether the borrowing is to be of Eurodollar Loans, ABR Loans, Loans or a combination thereof and (iviiii) if the borrowing is to be entirely or partly of Eurodollar Loans, the aggregate amount of such Eurodollar Loans and the amounts of each such Eurodollar Loan and the respective lengths length of the initial Interest Periods Period therefor. Each borrowing under the Commitments shall be in an amount equal to (x) in the case of ABR Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof (or, if the then Available Commitments are less than $5,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $10,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of ABR Loans in other amounts pursuant to Section 2.20(b). Upon receipt of any such notice from the Borrowera Borrowing Certificate, the Administrative Agent shall promptly notify each Lender Bank thereof. Each Lender Bank will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower Company at the applicable office of the Administrative Agent specified in Section subsection 9.2 or such other office specified by the Administrative Agent from time to time prior to 1:00 2:00 P.M., New York City timetime in the case of ABR Loans and 11:00 A.M., New York City time in the case of Eurodollar Loans on the Borrowing Date requested by the Borrower Company in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower Company by the Administrative Agent crediting the account of the Borrower Company on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof Banks and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19.

Appears in 1 contract

Samples: Credit Agreement (Western Union CO)

Procedure for Borrowing. The Borrower may borrow under (a) Each Borrowing of Revolving Loans shall be made upon the Commitments during Company's irrevocable written notice delivered to the Commitment Period on any Business Day, provided that Agent in the Borrower shall give the Administrative Agent irrevocable notice, form of a Notice of Borrowing (which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to 9:00 a.m. (aSan Francisco time) 11:00 A.M., New York City time, two (i) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Offshore Rate Loans, or and (bii) 12:00 Noon, New York City time, on the requested Borrowing Date, in the case of ABR Base Rate Loans. Each such notice shall specify , specifying: (iA) the amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether the borrowing is to be of Eurodollar Loans, ABR Loans, or a combination thereof and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective lengths of the initial Interest Periods therefor. Each borrowing under the Commitments Borrowing, which shall be in an aggregate minimum amount equal to (x) in the case of ABR Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (y) in the case of Eurodollar Loans, $10,000,000 2,000,000 or a whole any multiple of $1,000,000 in excess thereof; provided that (iB) the requested Borrowing Date, which shall be a borrowing under Business Day; (C) the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance Type of Loans comprising the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 Borrowing; and (iiD) any Swingline Lender may request, on behalf the duration of the BorrowerInterest Period applicable to such Loans included in such notice. If the Notice of Borrowing fails to specify the duration of the Interest Period for any Borrowing comprised of Offshore Rate Loans, borrowings such Interest Period shall be one month; (b) The Agent will promptly notify each Bank of ABR Loans in other amounts pursuant to Section 2.20(b). Upon its receipt of any Notice of Borrowing and of the amount of such notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereofBank's Pro Rata Share of that Borrowing. (c) Each Lender Bank will make the amount of its pro rata share Pro Rata Share of each borrowing Borrowing available to the Administrative Agent for the account of the Borrower Company at the office of the Administrative Agent specified in Section 9.2 prior to 1:00 P.M., New York City Agent's Payment Office by 11:00 a.m. (San Francisco time, ) on the Borrowing Date requested by the Borrower Company in funds immediately available to the Administrative Agent. Such borrowing The proceeds of all such Loans will then be made available to the Borrower Company by the Administrative Agent at such office by crediting the account of the Borrower Company on the books of such office Bank of America with the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof Banks and in like funds as received by the Administrative Agent or, if requested by the Company, by wire transfer of such fund in accordance with written instructions provided to the Agent by the Company, less the Agent's customary fees for such wire transfer; provided provided, however, that (xi) the initial Facility A Loans made and Facility B Loans shall be applied directly by the Agent to the repayment of the "Facility A Loans" and "Facility B Loans" under the Existing Credit Agreement to the extent thereof, and (ii) the proceeds of the Revolving Loans used to finance the reimbursement of an LC Disbursement Contico Acquisition will be made available pursuant to such escrow or other arrangements as provided in Section 3.5 shall may be remitted by the Administrative Agent mutually satisfactory to the applicable Issuing Lender Agent and the Company. (yd) Loans made After giving effect to finance any Borrowing, unless the reimbursement of a Swingline Loan as provided Agent shall otherwise consent, there may not be more than ten (10) different Interest Periods in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lendereffect. Swingline Loans shall be made as provided in Section 2.19.2.4

Appears in 1 contract

Samples: Credit Agreement (Katy Industries Inc)

Procedure for Borrowing. The Borrower may borrow under the Commitments during the Commitment Period on any Business DayIn order to effect a borrowing hereunder, provided that the Borrower shall give the Administrative Agent written irrevocable notice, notice (which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to (a) 11:00 A.M.12:00 Noon, New York City time, two (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) 12:00 Noon, New York City time, on one Business Day prior to the requested Borrowing Date, in the case of ABR Loans. Each such notice shall specify ), specifying (i) the Facility under which such borrowing is to be made, (ii) the amount and Type of Loans to be borrowed, (iiiii) the requested Borrowing Date, Date and (iiiiv) whether in the borrowing is to be case of Eurodollar Loans, ABR Loans, or a combination thereof the respective amounts of each such Type of Loan and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective lengths of the initial Interest Periods Period therefor. Any Loans made on the Closing Date shall initially be ABR Loans and unless otherwise agreed by the Administrative Agent in its sole discretion, no Loan may be made as, converted into or continued as a Eurodollar Loan with an Interest Period longer than 30 days prior to the date that is 30 days after the Closing Date. Each borrowing under the Commitments shall be in an aggregate amount equal to (x) in the case of ABR Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof (or, if the then aggregate Available Revolving Commitments are less than $5,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $10,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereofthereof (or, if the then aggregate Available Revolving Commitments are less than $5,000,000, such lesser amount); provided that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.20(b)2.5; and provided, further, that Revolving Loans that refund draws under the Letters of Credit or Swingline Loans may be in amounts less than specified above. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each relevant Lender thereof. Each relevant Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 Funding Office prior to 1:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the relevant Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19.

Appears in 1 contract

Samples: Credit Agreement (Crown Castle International Corp)

Procedure for Borrowing. The Borrower may borrow under the Commitments during the Commitment Period on any Business Day, provided that that, except in the case of a deemed request for an ABR Loan on the Reimbursement Date of a Reimbursement Obligation as contemplated by Section 3.5, the Borrower shall give the Administrative Agent irrevocable notice, which written notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent (or telephonic notice promptly confirmed in writing) prior to (a) 11:00 A.M.1:00 P.M., New York City time, two three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) 12:00 Noon, New York City time, on the requested Borrowing Datedate of the proposed borrowing, in the case of ABR Loans. Each such notice shall specify ), specifying (i) the amount and Type of Loans to be borrowed, (ii) the requested Borrowing Date, Date and (iii) whether in the borrowing is to be of Eurodollar Loans, ABR Loans, or a combination thereof and (iv) if the borrowing is to be entirely or partly case of Eurodollar Loans, the respective lengths of the initial Interest Periods Period(s) therefor. Each If no election as to the Type of a Loan is specified in any such notice, then the requested borrowing shall be an ABR Loan. If no Interest Period with respect to a Eurodollar Loan is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Except as otherwise contemplated by Section 3.5, each borrowing under the Commitments shall be in an amount equal to $50,000,000 (xor, if the then aggregate Available Commitments are less than $50,000,000, such lesser amount) in the case of ABR Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (y) in the case of Eurodollar Loans, $10,000,000 or a whole multiple of $1,000,000 in excess thereof; provided that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of ABR Loans in other amounts pursuant to Section 2.20(b). Upon receipt of any such notice (or, as provided in Section 3.5, deemed notice) from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 Funding Office prior to 1:00 P.M. (or, in the case of an ABR Loan requested on the proposed Borrowing Date, 3:00 P.M.), New York City time, on the Borrowing Date requested (or deemed requested) by the Borrower in funds immediately available to the Administrative Agent. Such Subject to Section 3.5 (where the proceeds of such borrowing shall be applied to repay the related Reimbursement Obligation), such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office or such other account as the Borrower may specify to the Administrative Agent with the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19.

Appears in 1 contract

Samples: Credit Agreement (General Motors Co)

Procedure for Borrowing. The Borrower may borrow under the Commitments during the Commitment Period on any Business DayIn order to effect a borrowing hereunder, provided that the Borrower shall give notice to the Administrative Agent irrevocable noticeAgent, which may be given by: (A) telephone or (B) a Notice of Borrowing (which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to (a) 11:00 A.M.1:00 P.M., New York City time, two (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) 12:00 Noon, New York City time, on one Business Day prior to the requested Borrowing Date, in the case of ABR Loans. Each ) (provided that any such Notice of Borrowing of ABR Loans under the Revolving Facility to finance payments required by Section 3.5 may be given not later than 1:00 P.M. New York City time, on the date of the proposed borrowing and, provided, further, that any telephonic notice shall specify must be confirmed immediately by delivery to the Administrative Agent of a Notice of Borrowing), specifying (i) the amount Class of Loan to be borrowed, (ii) the requested Borrowing Dateamount and Type of Loans to be borrowed, (iii) whether the borrowing is to be requested Borrowing Date and (iv) in the case of Eurodollar Loans, ABR Loans, or a combination thereof the respective amounts of each such Type of Loan and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective lengths of the initial Interest Periods Period therefor. Each borrowing under the Commitments shall be in an aggregate amount equal to (x) in the case of ABR Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof (or, if the then aggregate relevant Available Revolving Commitments are less than $5,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $10,000,000 or a whole multiple of $1,000,000 in excess thereof; provided provided, that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of under the Revolving Commitments that are ABR Loans in other amounts pursuant to Section 2.20(b)2.5. Upon receipt of any such notice Notice of Borrowing from the Borrower, the Administrative Agent shall promptly notify each relevant Lender thereof. Each Except as provided in Section 2.1(a), each relevant Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent (in the case of any Revolving Loan, based on respective Revolving Percentages of the Revolving Lenders) for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 Funding Office prior to 1:00 10:00 A.M., New York City time (or 2:00 P.M., New York City timetime in respect of ABR Loans under the Revolving Facility to finance payments required by Section 3.5), on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent; provided that, in the event that any Revolving Lender fails to make available to the Administrative Agent any portion of such amount prior to 10:30 A.M. New York City time (or 2:30 P.M., New York City time in respect of ABR Loans under the Revolving Facility to finance payments required by Section 3.5) on the relevant Borrowing Date, the Borrower shall be deemed to have provided notice to the Swingline Lender in accordance with Section 2.5 requesting a Swingline Loan in an amount equal to the aggregate amount of any such shortfall, rounded up to the applicable whole multiple of $500,000 (but in no event exceeding, together with all outstanding Swingline Loans, the Swingline Commitment). Such borrowing (including any such Swingline Loan) will then be made available not later than 11:00 A.M., New York City time (or 3:00 P.M., New York City time in respect of ABR Loans under the Revolving Facility to finance payments required by Section 3.5), to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the relevant Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19.

Appears in 1 contract

Samples: Restatement Agreement (Charter Communications, Inc. /Mo/)

Procedure for Borrowing. The Borrower may borrow under the Commitments during the Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice, notice (which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to (a) 11:00 A.M., New York City time, two Business Days prior to the requested Borrowing anticipated Draw Date, in the case of Eurodollar Loans, or Loans and (b) 12:00 Noon, New York City time, on the requested Borrowing anticipated Draw Date, in the case of ABR Loans) requesting that the Lenders make the Loans on the requested Draw Date. Each such Such notice shall specify (i) the amount to be borrowed, (ii) the requested Borrowing Draw Date, (iii) whether the borrowing is to be of Eurodollar Loans, ABR Loans, Loans or a combination thereof and thereof, (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective lengths of the initial Interest Periods therefor. Each borrowing under the Commitments shall be in an amount equal to (x) in the case of ABR Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof therefor and (yv) in the case of Eurodollar Loans, $10,000,000 or a whole multiple of $1,000,000 in excess thereof; provided that (i) a account into which such borrowing under the Commitments that is an ABR Loan may to be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of ABR Loans in other amounts pursuant to Section 2.20(b)deposited. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Not later than 1:00 P.M., New York City time, on the requested Draw Date each Lender will shall, subject to Section 5.2, make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 prior to 1:00 P.M., New York City time, on the Borrowing Date requested by the Borrower in funds immediately available funds equal to the Administrative Agent. Such borrowing will then Loan or Loans to be made available to the Borrower by the such Lender. The Administrative Agent crediting the account shall send by wire transfer of the Borrower on the books of such office with immediate available funds the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof and to the account designated by the Borrower in like funds as received by such notice to the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Edison International)

Procedure for Borrowing. (a) The Borrower Company may borrow under the Revolving Credit Commitments during the Commitment Period on any Business Day, ; provided that the Borrower Company shall give deliver to the Administrative Agent irrevocable noticea Borrowing Certificate, which notice certificate to be effective on the requested Borrowing Date must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent (i) prior to (a) 11:00 A.M., New York City time, two 12:00 noon three U.S. Government Securities Business Days prior to the requested Borrowing Date, in if all or any part of the case of Eurodollar requested Loans are to be initially Term SOFR Loans, (ii) prior to 10:00 a.m. (London, England time) four Business Days prior to the requested Borrowing Date, if all or any part of the requested Loans are to be Foreign Currency Loans or (biii) 12:00 Noon, New York City time, prior to 12:30 p.m. on the requested Borrowing Date, otherwise, in the each case of ABR Loans. Each such notice shall specify specifying (i1) the amount to be borrowed, (ii2) the currency to be borrowed, (3) the requested Borrowing Date, (iii4) whether the borrowing is to be of Eurodollar Term Benchmark Loans, ABR Base Rate Loans, XXXXX Loans or a combination thereof (if the borrowing is to be denominated in Euro, the borrowing must be comprised entirely of EURIBOR Loans and if the borrowing is to be denominated in British Pound Sterling, the borrowing must be comprised entirely of XXXXX Loans) and (iv5) if the borrowing is to be entirely or partly of Eurodollar Term Benchmark Loans, the aggregate amount of such Term Benchmark Loans and the amounts of each such Term Benchmark Loan and the respective lengths length of the initial Interest Periods Period therefor. Each borrowing under the Revolving Credit Commitments shall be in an amount a Dollar Amount equal to (x) in the case of ABR Base Rate Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (or, if the then Available Revolving Credit Commitments are less than $5,000,000, such lesser amount) or (y) in the case of Eurodollar Term Benchmark Loans or XXXXX Loans, $10,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof; provided that (i) a borrowing under the Commitments that is an ABR Loan may be in any aggregate amount that is required to finance the reimbursement of all or a part of an LC Disbursement as contemplated by Section 3.5 and (ii) any Swingline Lender may request, on behalf of the Borrower, borrowings of ABR Loans in other amounts pursuant to Section 2.20(b). Upon receipt of any such notice from the Borrowera Borrowing Certificate for Revolving Credit Loans, the Administrative Agent shall promptly notify each Lender Bank thereof. Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 9.2 prior to 1:00 P.M., New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Lenders promptly upon receipt thereof and in like funds as received by the Administrative Agent; provided that (x) Loans made to finance the reimbursement of an LC Disbursement as provided in Section 3.5 shall be remitted by the Administrative Agent to the applicable Issuing Lender and (y) Loans made to finance the reimbursement of a Swingline Loan as provided in Section 2.20(b) shall be remitted by the Administrative Agent to the applicable Swingline Lender. Swingline Loans shall be made as provided in Section 2.19.

Appears in 1 contract

Samples: Credit Agreement (Western Union CO)

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