Common use of Request for Borrowing Clause in Contracts

Request for Borrowing. Each request by Borrowers to Agent for a Borrowing under Section 2.01 hereof (a "Request for Borrowing") shall be in writing and specify the aggregate amount of such requested Borrowing, the requested date of such Borrowing, and, when the Request for Borrowing specifies a Eurodollar Borrowing, the Interest Period which shall be applicable thereto; provided, however, that the aggregate number of unpaid Eurodollar Borrowings shall not exceed five (5) at any time. Borrowers shall furnish to Agent the Request for Borrowing by at least 11:00 a.m. (Fort Worth time) three (3) Eurodollar Business Days prior to the requested Eurodollar Borrowing date (which must be a Eurodollar Business Day) and by at least 11:00 a.m. (Fort Worth time) on the requested borrowing date (which must be a Business Day) for a Floating Base Advance. Any Request for Borrowing shall: (i) in the case of a Floating Base Borrowing, be in the form attached hereto as EXHIBIT "C," and (ii) in the case of a Eurodollar Borrowing, be in the form attached hereto as EXHIBIT "D." Each Floating Base Borrowing shall be in an aggregate principal amount of five hundred thousand dollars ($500,000.00) or any higher integral multiple of one hundred thousand dollars ($100,000.00). Each Eurodollar Borrowing shall be in an amount of at least one million dollars ($1,000,000.00) or any higher integral multiple of $1,000,000.00. Prior to making a Request for Borrowing, Borrowers may (without specifying whether the anticipated Borrowing shall be a Floating Base Borrowing or Eurodollar Borrowing) request that Agent provide Borrowers with the most recent Interbank Offered Rate available to Agent. Agent shall endeavor to provide such quoted rates to Borrowers on the date of such request. Each Request for Borrowing shall be irrevocable and binding on Borrowers and, in respect of the Borrowing specified in such Request for Borrowing, Borrowers shall indemnify each Bank against any cost, loss or expense incurred by such Bank as a result of any failure to fulfill, on or before the date specified for such Borrowing, the conditions to such Advance set forth herein, including without limitation, any cost, loss or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by any Bank to fund the Advance to be made by such Bank as part of such Borrowing when such Advance, as a result of such failure, is not made on such date. After receiving a Request for Borrowing in the manner provided herein, Agent shall promptly notify each Bank by telephone (confirmed immediately by telecopy, telex or cable), telecopy, telex or cable of the amount of the Borrowing and such Bank's pro rata share of such Borrowing, the date on which the Borrowing is to be made, the interest option selected and, if applicable, the Interest Period selected.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Americredit Corp), Revolving Credit Agreement (Americredit Corp)

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Request for Borrowing. Each request The Borrowers shall give the Administrative Agent notice at the Agency Services Address of the date of each requested Borrowing hereunder, which notice may be by Borrowers to Agent for a Borrowing under Section 2.01 hereof telephone, if confirmed in writing, facsimile, electronic mail, or other written communication (a "Request for Borrowing"”), substantially in the form of Exhibit E hereto, and which notice shall be effective upon receipt by the Administrative Agent. Each Request for Borrowing: (i) shall be in writing and specify furnished to the aggregate amount of such requested Borrowing, Administrative Agent no later than 10:00 a.m. (x) at least one (1) Business Day prior to the requested date of Borrowing in the case of a Reference Rate Loan or LIBOR Rate Loan denominated in Dollars, or on the same day of the requested date of Borrowing if such Reference Rate Loan or LIBOR Rate Loan denominated in Dollars is less than or equal to $50,000,000, (y) at least one (1) Business Day prior to the requested date of Borrowing, and, when in the Request for Borrowing specifies case of a Eurodollar Borrowing, the Interest Period which shall be applicable thereto; provided, however, LIBOR Rate Loan denominated in Dollars that the aggregate number of unpaid Eurodollar Borrowings shall not exceed five is calculated based on Daily LIBOR and (5z) at any time. Borrowers shall furnish to Agent the Request for Borrowing by at least 11:00 a.m. (Fort Worth time) three (3) Eurodollar Business Days prior to the requested Eurodollar Borrowing date of Borrowing, in the case of a LIBOR Rate Loan that is not calculated based on Daily LIBOR or a LIBOR Rate Loan denominated in an Alternative Currency; and (ii) must specify: (A) the amount of such Borrowing; (B) the currency of the Borrowing; (C) the Interest Option; and (D) the date of such Borrowing, which must be a Eurodollar Business Day) and by at least 11:00 a.m. (Fort Worth time) on the requested borrowing date (which must shall be a Business Day) for a Floating Base Advance. Any Request for Borrowing shall: (i) in received by the case of a Floating Base Borrowing, be in the form attached hereto as EXHIBIT "C," and (ii) in the case of a Eurodollar Borrowing, be in the form attached hereto as EXHIBIT "D." Each Floating Base Borrowing Administrative Agent after 10:00 a.m. shall be in an aggregate principal amount of five hundred thousand dollars ($500,000.00) or any higher integral multiple of one hundred thousand dollars ($100,000.00). Each Eurodollar Borrowing shall be in an amount of at least one million dollars ($1,000,000.00) or any higher integral multiple of $1,000,000.00. Prior deemed to making a Request for Borrowing, Borrowers may (without specifying whether have been given by the anticipated Borrowing shall be a Floating Base Borrowing or Eurodollar Borrowing) request that Agent provide Borrowers with the most recent Interbank Offered Rate available to Agent. Agent shall endeavor to provide such quoted rates to Borrowers on the date of such requestnext succeeding Business Day. Each Request for Borrowing submitted by the Borrowers shall be irrevocable deemed to be a representation and binding on Borrowers warranty that the conditions specified in Sections 6.1 and 6.2 and, in respect to the extent applicable, Section 6.3 and/or Section 6.4, have been satisfied or waived on and as of the Borrowing specified in such Request for Borrowing, Borrowers shall indemnify each Bank against any cost, loss or expense incurred by such Bank as a result of any failure to fulfill, on or before the date specified for such Borrowing, the conditions to such Advance set forth herein, including without limitation, any cost, loss or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by any Bank to fund the Advance to be made by such Bank as part of such Borrowing when such Advance, as a result of such failure, is not made on such dateapplicable Borrowing. After receiving a No Request for Borrowing in shall be valid hereunder for any purpose unless it shall have been accompanied or preceded by the manner provided herein, Agent shall promptly notify each Bank by telephone (confirmed immediately by telecopy, telex or cable), telecopy, telex or cable of the amount of the Borrowing information and such Bank's pro rata share of such Borrowing, the date on which the Borrowing is other documents required to be made, the interest option selected and, if applicable, the Interest Period selecteddelivered in accordance with this Section 2.3.

Appears in 2 contracts

Samples: Revolving Credit Agreement (TCG BDC II, Inc.), Revolving Credit Agreement (TCG BDC II, Inc.)

Request for Borrowing. Each To request by Borrowers to Agent for a Borrowing under Section 2.01 hereof (a "Request for Borrowing") on the Closing Date, the Borrower shall be notify the Administrative Agent of such request in writing and specify the aggregate amount of such requested Borrowing, the requested date of such Borrowing, and, when the Request for Borrowing specifies a Eurodollar Borrowing, the Interest Period which shall be applicable thereto; provided, however, that the aggregate number of unpaid Eurodollar Borrowings shall not exceed five (5) at any time. Borrowers shall furnish to Agent the Request for Borrowing by at least 11:00 a.m. (Fort Worth time) three (3) Eurodollar Business Days prior to the requested Eurodollar Borrowing date (which must be a Eurodollar Business Daymay include telecopy or email) and by at least 11:00 a.m. (Fort Worth time) on the requested borrowing date (which must be a Business Day) for a Floating Base Advance. Any Request for Borrowing shall: (i) in the case of a Floating Base Borrowing, be in the form attached hereto as EXHIBIT "C," and (iia) in the case of a Eurodollar Borrowing, be in the form attached hereto as EXHIBIT "D." Each Floating Base Borrowing shall be in an aggregate principal amount of five hundred thousand dollars ($500,000.00) or any higher integral multiple of one hundred thousand dollars ($100,000.00). Each Eurodollar Borrowing shall be in an amount of at least one million dollars ($1,000,000.00) or any higher integral multiple of $1,000,000.00. Prior to making a Request for Borrowingnot later than 11:00 a.m., Borrowers may (without specifying whether the anticipated Borrowing shall be a Floating Base Borrowing or Eurodollar Borrowing) request that Agent provide Borrowers with the most recent Interbank Offered Rate available to Agent. Agent shall endeavor to provide such quoted rates to Borrowers on New York City time, three Business Days before the date of the proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, one Business Day before the date of the proposed Borrowing; provided that any such request. Each notice of an ABR Borrowing to replace a Eurodollar Borrowing Request for Borrowing shall deemed ineffective pursuant to clause (i) of Section 2.13 may be irrevocable given not later than 12:00 noon, New York City time, one Business Day before the date of the proposed Borrowing; and binding on Borrowers and, provided further that any such notice in respect of the any Borrowing specified in such Request for Borrowing, Borrowers shall indemnify each Bank against any cost, loss or expense incurred by such Bank as a result of any failure to fulfill, on or before the date specified for such Borrowing, the conditions to such Advance set forth herein, including without limitation, any cost, loss or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by any Bank to fund the Advance to be made by on the Closing Date may be given at such Bank later time or on such shorter notice as part of the Administrative Agent may agree. Such written Borrowing Request shall be irrevocable; provided that such Borrowing when Request may state that it is conditioned upon the consummation of the Acquisition or the acquisition of the Transferred Assets if the Borrower has made the Transferred Assets Election, in which case such Advance, as a result of Borrowing Request may be revoked by the Borrower (by notice to the Administrative Agent on or prior to the specified closing date) if such failure, condition is not made on such datesatisfied. After receiving a Such written Borrowing Request for Borrowing shall specify the following information in the manner provided herein, Agent shall promptly notify each Bank by telephone (confirmed immediately by telecopy, telex or cable), telecopy, telex or cable of the amount of the Borrowing and such Bank's pro rata share of such Borrowing, the date on which the Borrowing is to be made, the interest option selected and, if applicable, the Interest Period selected.compliance with Section 2.02:

Appears in 2 contracts

Samples: Term Loan Agreement (Molson Coors Brewing Co), Subsidiary Guarantee Agreement (Molson Coors Brewing Co)

Request for Borrowing. Each request by Borrowers Borrowing, each conversion of Loans from one Type of Loan to Agent for a Borrowing under Section 2.01 hereof (a "Request for Borrowing") the other, and each continuation of LIBOR Rate Loans shall be in writing made upon the applicable Borrower Party’s irrevocable notice to Administrative Agent, which may be given by (A) telephone or (B) a Loan Notice; provided that any telephonic notice must be confirmed promptly by delivery to the Administrative Agent of a Loan Notice (and specify the aggregate amount each Loan Notice submitted by a Qualified Borrower must be countersigned by a Responsible Officer of Borrower). Each such requested Borrowing, the requested date of such Borrowing, and, when the Request for Borrowing specifies a Eurodollar Borrowing, the Interest Period which shall Loan Notice must be applicable thereto; provided, however, that the aggregate number of unpaid Eurodollar Borrowings shall received by Administrative Agent not exceed five later than 1:00 p.m. at least: (5) at any time. Borrowers shall furnish to Agent the Request for Borrowing by at least 11:00 a.m. (Fort Worth timei) three (3) Eurodollar Business Days prior to the requested Eurodollar date of any Borrowing of, conversion to or continuation of LIBOR Rate Loans or of any conversion of LIBOR Rate Loans to Base Rate Loans; and (ii) one (1) Business Day prior to the requested date of any Borrowing of Base Rate Loans. Each Loan Notice shall specify: (A) whether the Borrower Party is requesting a Borrowing, a conversion of Loans from one Type of Loan to the other, or a continuation of LIBOR Rate Loans; (B) the requested date of the Borrowing, conversion or continuation, as the case may be (which must be a Eurodollar Business Day) and by at least 11:00 a.m. (Fort Worth time) on the requested borrowing date (which must shall be a Business Day); (C) for a Floating Base Advance. Any Request for Borrowing shall: (i) in the case of a Floating Base Borrowing, be in the form attached hereto as EXHIBIT "C," and (ii) in the case of a Eurodollar Borrowing, be in the form attached hereto as EXHIBIT "D." Each Floating Base Borrowing shall be in an aggregate principal amount of five hundred thousand dollars ($500,000.00) or any higher integral multiple of one hundred thousand dollars ($100,000.00). Each Eurodollar Borrowing shall be in an amount of at least one million dollars ($1,000,000.00) or any higher integral multiple of $1,000,000.00. Prior to making a Request for Borrowing, Borrowers may (without specifying whether the anticipated Borrowing shall be a Floating Base Borrowing or Eurodollar Borrowing) request that Agent provide Borrowers with the most recent Interbank Offered Rate available to Agent. Agent shall endeavor to provide such quoted rates to Borrowers on the date of such request. Each Request for Borrowing shall be irrevocable and binding on Borrowers and, in respect of the Borrowing specified in such Request for Borrowing, Borrowers shall indemnify each Bank against any cost, loss or expense incurred by such Bank as a result of any failure to fulfill, on or before the date specified for such Borrowing, the conditions to such Advance set forth herein, including without limitation, any cost, loss or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by any Bank to fund the Advance Loans to be made by such Bank as part borrowed, converted or continued; (D) the Type of such Borrowing when such Advance, as a result of such failure, is not made on such date. After receiving a Request for Borrowing in the manner provided herein, Agent shall promptly notify each Bank by telephone (confirmed immediately by telecopy, telex or cable), telecopy, telex or cable of the amount of the Borrowing and such Bank's pro rata share of such Borrowing, the date on which the Borrowing is Loans to be made, the interest option selected and, borrowed or to which existing Loans are to be converted; (E) if applicable, the duration of the Interest Period selectedwith respect thereto; and (F) to which account the proceeds of such Borrowing should be directed. If a Borrower Party fails to specify a Type of Loan in a Loan Notice or if a Borrower Party fails to give a timely notice requesting a conversion or continuation, then the applicable Loans shall be made as, or converted to, Base Rate Loans. Any such automatic conversion to Base Rate Loans shall be effective as of the last day of the Interest Period then in effect with respect to the applicable LIBOR Rate Loans. If a Borrower Party requests a Borrowing of, conversion to, or continuation of LIBOR Rate Loans in any such Loan Notice, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month.

Appears in 2 contracts

Samples: Revolving Credit Agreement (GOLUB CAPITAL INVESTMENT Corp), Revolving Credit Agreement (Golub Capital BDC 3, Inc.)

Request for Borrowing. Each request Borrowing by Borrowers to Agent for a Borrowing under Section 2.01 hereof (a "Request for Borrowing") Borrower hereunder shall be in writing and specify the aggregate amount made upon Borrower’s delivery of such requested Borrowingan irrevocable notice to Lender, the requested date of such Borrowing, and, when the Request for Borrowing specifies a Eurodollar Borrowing, the Interest Period which notice shall be applicable thereto; providedsubstantially in the form of Exhibit 2.3(a) attached hereto (the “Notice of Advance”), howeverand any additional information reasonably required by Lender with respect to determining compliance with the requirements for the Eligible PE Funds, that the aggregate number as set forth in Schedule A attached hereto. Each Notice of unpaid Eurodollar Borrowings shall Advance must be received by Lender not exceed five (5) at any time. Borrowers shall furnish to Agent the Request for Borrowing by at least later than 11:00 a.m. at least: (Fort Worth timei) three two (32) Eurodollar Business Days prior to the requested Eurodollar date of any Borrowing date (which must be a Eurodollar Business Day) and by at least 11:00 a.m. (Fort Worth time) on the requested borrowing date (which must be a Business Day) for a Floating Base of any LIBOR Advance. Any Request for Borrowing shall: (i) in the case of a Floating Base Borrowing, be in the form attached hereto as EXHIBIT "C," ; and (ii) in on the case same Business Day of the requested date of any Borrowing of any Prime Rate Advance. With respect to a maturing LIBOR Advance, Borrower shall give Lender, prior to 11:00 a. m. (New York City time), at least two (2) Business Days prior to the expiration of each Interest Period, written or telephonic notice of a Eurodollar Borrowing, be rate election in the form attached hereto as EXHIBIT "D." Each Floating Base Borrowing of a Notice of Continuation or Notice of Conversion, which shall be in an aggregate principal amount irrevocable, and shall specify which portion of five hundred thousand dollars a Loan shall be Continued as or Converted to a Prime Rate Advance or a LIBOR Advance, as the case may be, subject to the requirements set forth herein. If Borrower fails to give either a Notice of Continuation or Notice of Conversion when required, that portion of any Loan for which no Notice of Continuation or Notice of Conversion shall Convert to a Prime Rate Advance, from and after the expiry date of the then current Interest Period, until such time as Borrower shall give Lender a timely Notice of Continuation or Notice of Conversion therefor ($500,000.00subject to Section 2.3(c)(iii) or any higher integral multiple of one hundred thousand dollars ($100,000.00hereof). Each Eurodollar Borrowing Notice of Advance submitted by Borrower shall be in an amount deemed to be a representation and warranty that there does not exist (and after giving effect to the requested Loan there will not exist) any continuing Event of at least one million dollars ($1,000,000.00) Default, or any higher integral multiple event, the giving of $1,000,000.00. Prior to making a Request for Borrowing, Borrowers may (without specifying whether the anticipated Borrowing shall be a Floating Base Borrowing notice of which or Eurodollar Borrowing) request that Agent provide Borrowers with the most recent Interbank Offered Rate available to Agent. Agent shall endeavor to provide such quoted rates to Borrowers lapse of time or both, would become an Event of Default, hereunder on and as of the date of the applicable Borrowing or interest rate election, and that the conditions specified in Sections 6.1, 6.2 and 6.3, as applicable (except for any such request. Each Request for Borrowing shall be irrevocable conditions which have been waived, with or without conditions, by Lender) have been satisfied on and binding on Borrowers and, in respect as of the Borrowing specified in such Request for Borrowing, Borrowers shall indemnify each Bank against any cost, loss or expense incurred by such Bank as a result of any failure to fulfill, on or before the date specified for such Borrowing, the conditions to such Advance set forth herein, including without limitation, any cost, loss or expense incurred by reason of the liquidation applicable Borrowing or reemployment of deposits or other funds acquired by any Bank to fund the Advance to be made by such Bank as part of such Borrowing when such Advance, as a result of such failure, is not made on such date. After receiving a Request for Borrowing in the manner provided herein, Agent shall promptly notify each Bank by telephone (confirmed immediately by telecopy, telex or cable), telecopy, telex or cable of the amount of the Borrowing and such Bank's pro rata share of such Borrowing, the date on which the Borrowing is to be made, the interest option selected and, if applicable, the Interest Period selectedrate election.

Appears in 2 contracts

Samples: Credit Agreement, Credit Agreement (HarbourVest - Origami Structured Solutions L.P.)

Request for Borrowing. Each request Borrowing hereunder shall be made by Borrowers to one or more Borrowers. The applicable Borrower(s) shall give the Administrative Agent for a notice by telephone, facsimile or electronic mail of the date of each requested Borrowing under Section 2.01 hereof hereunder, which notice if by telephone shall be confirmed in writing (a "Request for Borrowing"”), substantially in the form of Exhibit E hereto, and which notice shall be effective upon receipt by the Administrative Agent. Each Request for Borrowing: (i) shall be in writing and specify furnished to the aggregate amount of such requested Borrowing, the requested date of such Borrowing, and, when the Request for Borrowing specifies a Eurodollar Borrowing, the Interest Period which shall be applicable thereto; provided, however, that the aggregate number of unpaid Eurodollar Borrowings shall not exceed five (5) at any time. Borrowers shall furnish to Administrative Agent the Request for Borrowing by at least no later than 11:00 a.m. (Fort Worth New York time) at least three (3) Eurodollar Business Days prior to the requested Eurodollar date of the Borrowing date with respect to a LIBOR Rate Loan; (which must ii) shall be a Eurodollar Business Day) and by at least furnished to the Administrative Agent no later than CONFIDENTIAL TREATMENT REQUESTED PURSUANT TO 17 C.F.R. SECTION 200.83 11:00 a.m. (Fort Worth New York time) on the requested borrowing date of the Borrowing with respect to an Alternate Base Rate Loan; and (iii) must specify: (A) the amount of such Borrowing; (B) the Interest Option; (C) the Interest Period for LIBOR Rate Loans, if applicable; (D) the currency as Dollars; and (E) the date of such Borrowing, which must shall be a Business Day) for a Floating Base Advance. Any Request for Borrowing shall: received by the Administrative Agent after 11:00 a.m. (iNew York time) in the case respect of a Floating LIBOR Rate Loan or 11:00 a.m. in respect of an Alternate Base Borrowing, be in the form attached hereto as EXHIBIT "C," and (ii) in the case of a Eurodollar Borrowing, be in the form attached hereto as EXHIBIT "D." Each Floating Base Borrowing Rate Loan shall be in an aggregate principal amount of five hundred thousand dollars ($500,000.00deemed to have been given by the applicable Borrower(s) or any higher integral multiple of one hundred thousand dollars ($100,000.00). Each Eurodollar Borrowing shall be in an amount of at least one million dollars ($1,000,000.00) or any higher integral multiple of $1,000,000.00. Prior to making a Request for Borrowing, Borrowers may (without specifying whether the anticipated Borrowing shall be a Floating Base Borrowing or Eurodollar Borrowing) request that Agent provide Borrowers with the most recent Interbank Offered Rate available to Agent. Agent shall endeavor to provide such quoted rates to Borrowers on the date of such requestnext succeeding Business Day. Each Request for Borrowing submitted by a Borrower shall be irrevocable deemed to be a representation and binding warranty that the conditions specified in Sections 6.1 (with respect to the initial advance under this Credit Agreement), 6.2, and if applicable, 6.3 have been satisfied on Borrowers and, in respect and as of the Borrowing specified in such Request for Borrowing, Borrowers shall indemnify each Bank against any cost, loss or expense incurred by such Bank as a result of any failure to fulfill, on or before the date specified for such Borrowing, the conditions to such Advance set forth herein, including without limitation, any cost, loss or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by any Bank to fund the Advance to be made by such Bank as part of such Borrowing when such Advance, as a result of such failure, is not made on such dateapplicable Borrowing. After receiving a No Request for Borrowing in shall be valid hereunder for any purpose unless it shall have been accompanied or preceded by the manner provided herein, Agent shall promptly notify each Bank by telephone (confirmed immediately by telecopy, telex or cable), telecopy, telex or cable of the amount of the Borrowing information and such Bank's pro rata share of such Borrowing, the date on which the Borrowing is other documents required to be made, the interest option selected and, if applicable, the Interest Period selecteddelivered in accordance with this Section 2.3.

Appears in 1 contract

Samples: Revolving Credit Agreement (New PubCo Renewable Power Inc.)

Request for Borrowing. Each request The applicable Borrower shall give the Administrative Agent notice at the Agency Services Address of the date of each requested Borrowing hereunder, which notice may be by Borrowers to Agent for a Borrowing under Section 2.01 hereof telephone, if confirmed in writing, facsimile, electronic mail, or other written communication (a "Request for Borrowing"”), substantially in the form of Exhibit E hereto, and which notice shall be effective upon receipt by the Administrative Agent. Each Request for Borrowing: (i) shall be furnished to the Administrative Agent no later than (A) 10:00 a.m. the same Business Day of a Borrowing that shall be a Reference Rate Loan denominated in writing and specify the aggregate amount of such requested BorrowingDollars, (B) 11:00 at least one (1) Business Day prior to the requested date of such Borrowinga Borrowing to be denominated in Dollars (other than a Reference Rate Loan), and, when the Request for Borrowing specifies a Eurodollar Borrowing, the Interest Period which shall be applicable thereto; provided, however, that the aggregate number of unpaid Eurodollar Borrowings shall not exceed five (5C) at any time. Borrowers shall furnish to Agent the Request for Borrowing by 11:00 a.m. at least 11:00 a.m. (Fort Worth time) three (3) Eurodollar Business Days prior to the requested Eurodollar date of a Borrowing of Eurocurrency Rate Loans; and (D) at least five (5) Business Days prior to the requested date of any Borrowing of an RFR Loan; and (ii) must specify: (A) the requested date of Borrowing (which must be a Eurodollar Business Day) and by at least 11:00 a.m. (Fort Worth time) on the requested borrowing date (which must shall be a Business Day); (B) the amount and Currency of such Borrowing; (B) the Type of Loans to be borrowed; (C) if applicable, the duration of the Interest Period; (D) which account the proceeds of Borrowing should be directed; and (E) confirmation that such Borrowing will be secured (either directly or indirectly) by a first priority, exclusive security interest and Lien (subject to Permitted Liens), granted to the Administrative Agent, for the benefit of the Secured Parties, in and on the Unfunded Feeder Commitments and the other applicable Collateral as provided in Section 5.1 hereof. For the avoidance of doubt, with respect to any Borrowing that is subject to three (3) Business Days’ prior notice, if a Floating Base AdvanceRequest for Borrowing is submitted by 11:00 p.m. on a Monday, the Borrowing shall be made on the immediately following Thursday in accordance with Section 2.8 hereof, provided that each of Monday, Tuesday, Wednesday and Thursday of that week are Business Days. If multiple Borrowers request a Borrowing on the same date, then a separate Request for Borrowing shall be submitted by each applicable Borrower. Any Request for Borrowing shall: (i) in received by the case of a Floating Base Borrowing, be in the form attached hereto as EXHIBIT "C," and (ii) in the case of a Eurodollar Borrowing, be in the form attached hereto as EXHIBIT "D." Each Floating Base Borrowing Administrative Agent after 2:00 p.m. shall be in an aggregate principal amount of five hundred thousand dollars ($500,000.00deemed to have been given by the applicable Borrower(s) or any higher integral multiple of one hundred thousand dollars ($100,000.00). Each Eurodollar Borrowing shall be in an amount of at least one million dollars ($1,000,000.00) or any higher integral multiple of $1,000,000.00. Prior to making a Request for Borrowing, Borrowers may (without specifying whether the anticipated Borrowing shall be a Floating Base Borrowing or Eurodollar Borrowing) request that Agent provide Borrowers with the most recent Interbank Offered Rate available to Agent. Agent shall endeavor to provide such quoted rates to Borrowers on the date of such requestnext succeeding Business Day. Each Request for Borrowing submitted by a Borrower shall be irrevocable deemed to constitute a representation and binding on Borrowers and, in respect of warranty by the Borrowing specified in applicable Borrower providing such Request for BorrowingBorrowing (and, Borrowers additionally, it is agreed by each other Borrower that is shall indemnify also be deemed to constitute a representation and warranty by each Bank against any costsuch Borrower as to itself) that the conditions specified in Sections 6.1 (with respect to the initial advance under this Credit Agreement), loss or expense incurred by such Bank 6.2 and 6.3 (with respect to the initial advance under this Credit Agreement to a Qualified Borrower) have been satisfied on and as a result of any failure to fulfill, on or before the date specified for such Borrowing, the conditions to such Advance set forth herein, including without limitation, any cost, loss or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by any Bank to fund the Advance to be made by such Bank as part of such Borrowing when such Advance, as a result of such failure, is not made on such dateapplicable Borrowing. After receiving a No Request for Borrowing in shall be valid hereunder for any purpose unless it shall have been accompanied or preceded by the manner provided herein, Agent shall promptly notify each Bank by telephone (confirmed immediately by telecopy, telex or cable), telecopy, telex or cable of the amount of the Borrowing information and such Bank's pro rata share of such Borrowing, the date on which the Borrowing is other documents required to be made, the interest option selected and, if applicable, the Interest Period selecteddelivered in accordance with this Section.

Appears in 1 contract

Samples: Revolving Credit Agreement (T Series Middle Market Loan Fund LLC)

Request for Borrowing. Each request by Borrowers Borrowing, each conversion of Loans from one Type of Loan to another Type of Loan, and each continuation of a Term SOFR Loan shall be made upon the applicable Borrower Party’s irrevocable notice to Administrative Agent for a Borrowing under Section 2.01 hereof (a "Request for Borrowing"”), which may be given by telephone. Each notice: (i) shall be in writing and specify furnished to the aggregate amount of such requested Borrowing, Administrative Agent no later than 2:00 p.m. (x) on the requested date of Borrowing in the case of a Base Rate Loan, provided that, any such Borrowing, and, when the Request for Borrowing specifies a Eurodollar Borrowing, the Interest Period which shall be applicable thereto; provided, however, that the aggregate number of unpaid Eurodollar Borrowings Loans shall not exceed five the Daily Borrowing Sublimit, or one (51) Business Day prior to the requested date of Borrowing for any Base Rate Loans in excess of the Daily Borrowing Sublimit, and (y) at any time. Borrowers shall furnish to Agent the Request for Borrowing by at least 11:00 a.m. (Fort Worth time) three (3) Eurodollar Business Days prior to the requested Eurodollar date of Borrowing date (which must be a Eurodollar Business Day) and by at least 11:00 a.m. (Fort Worth time) on the requested borrowing date (which must be a Business Day) for a Floating Base Advance. Any Request for Borrowing shall: (i) in the case of a Floating Base Borrowing, be in the form attached hereto as EXHIBIT "C," Term SOFR Loan; and (ii) in must specify: (A) the case of a Eurodollar Borrowing, be in the form attached hereto as EXHIBIT "D." Each Floating Base Borrowing shall be in an aggregate principal amount of five hundred thousand dollars such Borrowing; ($500,000.00B) or any higher integral multiple of one hundred thousand dollars the Interest Option; ($100,000.00). Each Eurodollar Borrowing shall be in an amount of at least one million dollars C) the Interest Period therefor, if applicable; and ($1,000,000.00D) or any higher integral multiple of $1,000,000.00. Prior to making a Request for Borrowing, Borrowers may (without specifying whether the anticipated Borrowing shall be a Floating Base Borrowing or Eurodollar Borrowing) request that Agent provide Borrowers with the most recent Interbank Offered Rate available to Agent. Agent shall endeavor to provide such quoted rates to Borrowers on the date of such requestBorrowing, which shall be a Business Day. Each Request for Borrowing telephonic notice by a Borrower Party pursuant to this Section 2.02(a) must be confirmed promptly by delivery to Administrative Agent of a written Loan Notice, appropriately completed and signed by a Responsible Officer of such Borrower Party. Each Loan Notice (other than in connection with a continuation of an Interest Period) shall be irrevocable delivered together with a Borrowing Base Certificate, and binding on Borrowers andshall specify: (A) whether the Borrower Party is requesting a Borrowing, in respect a conversion of Loans from one Type of Loan to the other, or a continuation of Term SOFR Loans; (B) the requested date of the Borrowing specified in such Request for Borrowing, Borrowers conversion or continuation, as the case may be (which shall indemnify each Bank against any cost, loss or expense incurred by such Bank as be a result Business Day); (C) the principal amount of any failure to fulfill, on or before the date specified for such Borrowing, the conditions to such Advance set forth herein, including without limitation, any cost, loss or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by any Bank to fund the Advance Loans to be made by such Bank as part borrowed, converted or continued; (D) the Type of such Borrowing when such Advance, as a result of such failure, is not made on such date. After receiving a Request for Borrowing in the manner provided herein, Agent shall promptly notify each Bank by telephone (confirmed immediately by telecopy, telex or cable), telecopy, telex or cable of the amount of the Borrowing and such Bank's pro rata share of such Borrowing, the date on which the Borrowing is Loans to be made, the interest option selected and, borrowed or to which existing Loans are to be converted; (E) if applicable, the duration of the Interest Period selectedwith respect thereto; and (F) to which account the proceeds of such Borrowing should be directed. If a Borrower Party fails to specify a Type of Loan in a Loan Notice or if a Borrower Party fails to give a timely notice requesting a continuation, then the applicable Loans shall be made or continued as Base Rate Loans. If a Borrower Party requests a Borrowing of, conversion to, or continuation of Term SOFR Loans in any such Loan Notice, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month.

Appears in 1 contract

Samples: Credit Agreement (AGTB Private BDC)

Request for Borrowing. Each request by Borrowers Borrowing, each conversion of Eurodollar Rate Loans, Floating LIBOR Rate Loan or Base Rate Loans from one Type of Loan to Agent for a Borrowing under Section 2.01 hereof (a "Request for Borrowing") another, and each continuation of Eurodollar Rate Loans shall be in writing and specify the aggregate amount of made upon Borrower’s irrevocable notice to Funding Agent, which may be given by telephone. Unless otherwise agreed by Funding Agent, each such requested Borrowing, the requested date of such Borrowing, and, when the Request for Borrowing specifies a Eurodollar Borrowing, the Interest Period which shall notice must be applicable thereto; provided, however, that the aggregate number of unpaid Eurodollar Borrowings shall received by Funding Agent not exceed five (5) at any time. Borrowers shall furnish to Agent the Request for Borrowing by at least later than 11:00 a.m. at least: (Fort Worth timei) three (3) Eurodollar Business Days prior to the requested date of any Borrowing other than for a Base Rate Loan; (ii) three (3) Business Days prior to the conversion of Base Rate Loans to another Type of Loan, the conversion of Eurodollar Rate Loans (or Floating LIBOR Rate Loan) to another type of Loan or the continuation of Eurodollar Rate Loans; and (iii) one (1) Business Day prior to the requested date of any Borrowing of Base Rate Loans. Each telephonic notice by Borrower pursuant to this Section 2.02(a) must be confirmed promptly by delivery to Funding Agent of a written Loan Notice, appropriately completed and signed by a Responsible Officer of Borrower. Each Loan Notice (whether telephonic or written) shall specify: (A) whether Borrower is requesting a Borrowing, a conversion of a Eurodollar Rate Loan, Floating LIBOR Rate Loan or Base Rate Loan to another Type of Loan, or a continuation of Eurodollar Rate Loans; (B) the requested date of the Borrowing, conversion or continuation, as the case may be (which must be a Eurodollar Business Day) and by at least 11:00 a.m. (Fort Worth time) on the requested borrowing date (which must shall be a Business Day, the “Loan Date”); (C) for a Floating Base Advance. Any Request for Borrowing shall: (i) in the case of a Floating Base Borrowing, be in the form attached hereto as EXHIBIT "C," and (ii) in the case of a Eurodollar Borrowing, be in the form attached hereto as EXHIBIT "D." Each Floating Base Borrowing shall be in an aggregate principal amount of five hundred thousand dollars Loans to be borrowed, converted or continued; ($500,000.00D) if any portion of such Borrowing is not to be funded by Conduit Lender through the issuance of Commercial Paper, whether such portion of such Borrowing is to be funded instead as a Base Rate Loan or a Eurodollar Rate Loan (it being understood that if Conduit Lender elects to fund any higher integral multiple portion of a Loan through its Liquidity Provider, Funding Agent shall determine whether such portion shall bear interest based on the Eurodollar Rate or the Base Rate for the period prior to the time such portion of such Loan is funded through the issuance of Commercial Paper); (E) the Type of Loans to which any existing Eurodollar Rate Loans, Floating LIBOR Rate Loan or Base Rate Loans are to be converted; (F) with respect to a Eurodollar Rate Loan, the duration of the Interest Period with respect thereto; and (G) to which account the proceeds of such Borrowing, conversion or continuation should be directed. If Borrower fails to give a timely notice requesting a conversion or continuation with respect to a Eurodollar Rate Loan, then the applicable Loans shall be converted to Base Rate Loans, and any such automatic conversion to Base Rate Loans shall be effective as of the last day of the Interest Period then in effect with respect to the applicable Eurodollar Rate Loans. If Borrower fails to specify an Interest Period with respect to a Eurodollar Rate Loan, it will be deemed to have specified an Interest Period of one hundred thousand dollars ($100,000.00)month. For avoidance of doubt, no Base Rate Loan or Floating LIBOR Rate Loan shall have an Interest Period. Each Eurodollar Borrowing Loan Notice shall be in an amount of at least one million dollars accompanied or preceded by: ($1,000,000.00A) or any higher integral multiple of $1,000,000.00. Prior to making a Request for Borrowing, Borrowers may (without specifying whether the anticipated Borrowing shall be a Floating Base Borrowing or Eurodollar Borrowing) request that Agent provide Borrowers with the most recent Interbank Offered Rate available to Agent. Agent shall endeavor to provide such quoted rates to Borrowers on Certificate dated the date of such request. Each Request for Borrowing Loan Notice; and (B) such documents as are required to satisfy any applicable conditions precedent as provided in Section 5, and no Loan Notice shall be irrevocable valid hereunder for any purpose unless it shall have been accompanied or preceded by the information and binding on Borrowers and, in respect of the Borrowing specified in such Request for Borrowing, Borrowers shall indemnify each Bank against any cost, loss or expense incurred by such Bank as a result of any failure to fulfill, on or before the date specified for such Borrowing, the conditions to such Advance set forth herein, including without limitation, any cost, loss or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by any Bank to fund the Advance documents required to be made by such Bank as part of such Borrowing when such Advance, as a result of such failure, is not made on such date. After receiving a Request for Borrowing delivered in the manner provided herein, Agent shall promptly notify each Bank by telephone (confirmed immediately by telecopy, telex or cable), telecopy, telex or cable of the amount of the Borrowing and such Bank's pro rata share of such Borrowing, the date on which the Borrowing is to be made, the interest option selected and, if applicable, the Interest Period selectedaccordance with this Section 2.02.

Appears in 1 contract

Samples: Revolving Credit Agreement (TCW Direct Lending LLC)

Request for Borrowing. Each request The Borrower Parties shall give the Administrative Agent notice at the Agency Services Address of the date of each requested Borrowing hereunder, which notice may be by Borrowers to Agent for a Borrowing under Section 2.01 hereof telephone, if confirmed in writing, facsimile, electronic mail, or other written communication (a "Request for Borrowing"”), in the form of Exhibit E hereto, appropriately completed and signed by a Responsible Officer of such Borrower Party (and each Request for Borrowing submitted by a Qualified Borrower must be countersigned by a Responsible Officer of the Credit Party who has provided a Qualified Borrower Guaranty with respect to the Qualified Borrower), and which notice shall be irrevocable and effective upon receipt by the Administrative Agent. Each Request for Borrowing: (i) shall be in writing and specify furnished to the aggregate amount of such requested BorrowingAdministrative Agent, except as otherwise agreed to by the Administrative Agent, no later than 1:00 p.m. (x) at least one (1) Business Day prior to the requested date of such Borrowing, and, when Borrowing in the Request for Borrowing specifies case of a Eurodollar Borrowing, Reference Rate Loan or a SOFR Loan in respect of which the Interest Period which shall be applicable thereto; provided, however, that the aggregate number of unpaid Eurodollar Borrowings shall not exceed five Borrower Party has selected Daily Simple SOFR and (5y) at any time. Borrowers shall furnish to Agent the Request for Borrowing by at least 11:00 a.m. (Fort Worth time) three (3) Eurodollar Business Days prior to the requested Eurodollar date of Borrowing in the case of a SOFR Loan in respect of which the applicable Borrower Party has not selected Daily Simple SOFR and (ii) must specify: (A) the amount of such Borrowing; (B) the Interest Option; (C) the Interest Period therefor, if applicable; (D) the currency of the Borrowing; and (E) the date (of such Borrowing, which must be a Eurodollar Business Day) and by at least 11:00 a.m. (Fort Worth time) on the requested borrowing date (which must shall be a Business Day) for a Floating Base Advance. Any Request for Borrowing shall: (i) in received by the case of a Floating Base BorrowingAdministrative Agent after 1:00 p.m., be in except as otherwise agreed to by the form attached hereto as EXHIBIT "C," and (ii) in the case of a Eurodollar BorrowingAdministrative Agent, be in the form attached hereto as EXHIBIT "D." Each Floating Base Borrowing shall be in an aggregate principal amount of five hundred thousand dollars ($500,000.00) or any higher integral multiple of one hundred thousand dollars ($100,000.00). Each Eurodollar Borrowing shall be in an amount of at least one million dollars ($1,000,000.00) or any higher integral multiple of $1,000,000.00. Prior deemed to making a Request for Borrowing, Borrowers may (without specifying whether have been given by the anticipated Borrowing shall be a Floating Base Borrowing or Eurodollar Borrowing) request that Agent provide Borrowers with the most recent Interbank Offered Rate available to Agent. Agent shall endeavor to provide such quoted rates to Borrowers Borrower Parties on the date of such requestnext succeeding Business Day. Each Request for Borrowing submitted by the Borrower Parties shall be irrevocable deemed to be a representation and binding on Borrowers warranty that the conditions specified in Sections 6.1 and 6.2 and, in respect to the extent applicable, Section 6.3, have been satisfied or waived on and as of the Borrowing specified in such Request for Borrowing, Borrowers shall indemnify each Bank against any cost, loss or expense incurred by such Bank as a result of any failure to fulfill, on or before the date specified for such Borrowing, the conditions to such Advance set forth herein, including without limitation, any cost, loss or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by any Bank to fund the Advance to be made by such Bank as part of such Borrowing when such Advance, as a result of such failure, is not made on such dateapplicable Borrowing. After receiving a No Request for Borrowing in shall be valid hereunder for any purpose unless it shall have been accompanied or preceded by the manner provided herein, Agent shall promptly notify each Bank by telephone (confirmed immediately by telecopy, telex or cable), telecopy, telex or cable of the amount of the Borrowing information and such Bank's pro rata share of such Borrowing, the date on which the Borrowing is other documents reasonably required to be made, the interest option selected and, if applicable, the Interest Period selecteddelivered in accordance with this Section 2.3.

Appears in 1 contract

Samples: Revolving Credit Agreement (Oaktree Gardens OLP, LLC)

Request for Borrowing. Each request The Borrower shall give the Administrative Agent notice at the Agency Services Address of the date of each requested Borrowing hereunder, which notice may be by Borrowers to Agent for a Borrowing under Section 2.01 hereof telephone, if confirmed in writing, facsimile, electronic mail, or other written communication (a "Request for Borrowing"”), substantially in the form of Exhibit E, and which notice shall be irrevocable and effective upon receipt by the Administrative Agent. Each Request for Borrowing: (i) shall be in writing and specify furnished to the aggregate amount of such requested Borrowing, Administrative Agent no later than 11:00 a.m. (x) on the requested date of such BorrowingBorrowing in the case of a Reference Rate Loan, and, when the Request for Borrowing specifies a Eurodollar Borrowing, the Interest Period which shall be applicable thereto; provided, however, that the aggregate number of unpaid Eurodollar Borrowings shall not exceed five (5y) at any time. Borrowers shall furnish to Agent the Request for Borrowing by at least 11:00 a.m. two (Fort Worth time2) three (3) Eurodollar Business Days prior to the requested Eurodollar date of Borrowing date in the case of a LIBOR Rate Loan in Dollars, and (which must be a Eurodollar Business Dayz) and by at least 11:00 a.m. three (Fort Worth time3) on Business Days prior to the requested borrowing date of Borrowing in the case of a LIBOR Rate Loan in an Alternative Currency; and (ii) must specify: (A) the amount of such Borrowing; (B) the Interest Option if such Loan is to be funded in Dollars; (C) the Interest Period therefor, if applicable; (D) the currency of such Borrowing; and (E) the date of such Borrowing, which must shall be a Business Day) for a Floating Base Advance. Any Request for Borrowing shall: (i) in received by the case of a Floating Base Borrowing, be in the form attached hereto as EXHIBIT "C," and (ii) in the case of a Eurodollar Borrowing, be in the form attached hereto as EXHIBIT "D." Each Floating Base Borrowing Administrative Agent after 11:00 a.m. shall be in an aggregate principal amount of five hundred thousand dollars ($500,000.00) or any higher integral multiple of one hundred thousand dollars ($100,000.00). Each Eurodollar Borrowing shall be in an amount of at least one million dollars ($1,000,000.00) or any higher integral multiple of $1,000,000.00. Prior deemed to making a Request for Borrowing, Borrowers may (without specifying whether have been given by the anticipated Borrowing shall be a Floating Base Borrowing or Eurodollar Borrowing) request that Agent provide Borrowers with the most recent Interbank Offered Rate available to Agent. Agent shall endeavor to provide such quoted rates to Borrowers Borrower on the date of such requestnext succeeding Business Day. Each Request for Borrowing submitted by the Borrower shall be irrevocable deemed to be a representation and binding on Borrowers andwarranty that the conditions specified in Sections 6.1 and 6.2 have been satisfied in all material respects (except to the extent already qualified by materiality, in respect which case such conditions shall be satisfied in all respects) or waived on and as of the Borrowing specified in such Request for Borrowing, Borrowers shall indemnify each Bank against any cost, loss or expense incurred by such Bank as a result of any failure to fulfill, on or before the date specified for such Borrowing, the conditions to such Advance set forth herein, including without limitation, any cost, loss or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by any Bank to fund the Advance to be made by such Bank as part of such Borrowing when such Advance, as a result of such failure, is not made on such dateapplicable Borrowing. After receiving a No Request for Borrowing shall be valid hereunder for any purpose unless it shall have been accompanied or preceded by the information and other documents required to be delivered in accordance with this Section 2.3, unless the manner provided herein, Agent shall promptly notify each Bank by telephone (confirmed immediately by telecopy, telex or cable), telecopy, telex or cable of the amount of the Borrowing and such Bank's pro rata share delivery of such Borrowing, information has been waived or provided prior to the date on which of Borrowing in a manner acceptable to the Borrowing is to be made, the interest option selected and, if applicable, the Interest Period selectedAdministrative Agent.

Appears in 1 contract

Samples: Revolving Credit Agreement (Clarion Partners Real Estate Income Fund Inc.)

Request for Borrowing. Each request by Borrowers Borrowing, each conversion of Loans from one Type of Loan to Agent for a Borrowing under Section 2.01 hereof (a "Request for Borrowing") the other, and each continuation of LIBOR Loans shall be in writing and specify made upon the aggregate amount of applicable Borrower Party’s irrevocable notice to Administrative Agent, which may be given by telephone. Each such requested Borrowing, the requested date of such Borrowing, and, when the Request for Borrowing specifies a Eurodollar Borrowing, the Interest Period which shall notice must be applicable thereto; provided, however, that the aggregate number of unpaid Eurodollar Borrowings shall received by Administrative Agent not exceed five (5) at any time. Borrowers shall furnish to Agent the Request for Borrowing by at least later than 11:00 a.m. at least: (Fort Worth timei) three (3) Eurodollar Business Days prior to the requested Eurodollar date of any Borrowing of, or conversion to or continuation of LIBOR Loans or of any conversion of LIBOR Loans to ABR Loans; and (ii) one (1) Business Day prior to the requested date (of any Borrowing of ABR Loans. Each telephonic notice by a Borrower Party pursuant to this Section 2.02(a) must be confirmed promptly by delivery to Administrative Agent of a written Loan Notice, which must be appropriately completed and signed by a Eurodollar Business DayResponsible Officer of such Borrower Party (and each Loan Notice submitted by a Qualified Borrower must be countersigned by a Responsible Officer of the Borrower). Each Loan Notice (whether telephonic or written) and by at least 11:00 a.m. shall specify: (Fort Worth timeA) on whether the Borrower Party is requesting a Borrowing, a conversion of Loans from one Type of Loan to the other, or a continuation of LIBOR Loans; (B) the requested borrowing date of the Borrowing, conversion or continuation, as the case may be (which must shall be a Business Day); (C) for a Floating Base Advance. Any Request for Borrowing shall: (i) in the case of a Floating Base Borrowing, be in the form attached hereto as EXHIBIT "C," and (ii) in the case of a Eurodollar Borrowing, be in the form attached hereto as EXHIBIT "D." Each Floating Base Borrowing shall be in an aggregate principal amount of five hundred thousand dollars ($500,000.00) or any higher integral multiple of one hundred thousand dollars ($100,000.00). Each Eurodollar Borrowing shall be in an amount of at least one million dollars ($1,000,000.00) or any higher integral multiple of $1,000,000.00. Prior to making a Request for Borrowing, Borrowers may (without specifying whether the anticipated Borrowing shall be a Floating Base Borrowing or Eurodollar Borrowing) request that Agent provide Borrowers with the most recent Interbank Offered Rate available to Agent. Agent shall endeavor to provide such quoted rates to Borrowers on the date of such request. Each Request for Borrowing shall be irrevocable and binding on Borrowers and, in respect of the Borrowing specified in such Request for Borrowing, Borrowers shall indemnify each Bank against any cost, loss or expense incurred by such Bank as a result of any failure to fulfill, on or before the date specified for such Borrowing, the conditions to such Advance set forth herein, including without limitation, any cost, loss or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by any Bank to fund the Advance Loans to be made by such Bank as part borrowed, converted or continued; (D) the Type of such Borrowing when such Advance, as a result of such failure, is not made on such date. After receiving a Request for Borrowing in the manner provided herein, Agent shall promptly notify each Bank by telephone (confirmed immediately by telecopy, telex or cable), telecopy, telex or cable of the amount of the Borrowing and such Bank's pro rata share of such Borrowing, the date on which the Borrowing is Loans to be made, the interest option selected and, borrowed or to which existing Loans are to be converted; (E) if applicable, the duration of the Interest Period selectedwith respect thereto; (F) if a LIBOR Loan, the currency of the Loans to be borrowed; and (G) to which account the proceeds of such Borrowing should be directed. If a Borrower Party fails to specify a type of currency in a Loan Notice requesting a Borrowing, then the Loans so requested shall be made in Dollars. If a Borrower Party fails to specify a Type of Loan in a Loan Notice or if a Borrower Party fails to give a timely notice requesting a conversion or continuation, then the applicable Loans shall be made as, or converted to, a LIBOR Loan with an Interest Period of one (1) month. Any such automatic conversion to LIBOR Loans with an Interest Period of one (1) month shall be effective as of the last day of the Interest Period then in effect with respect to the applicable LIBOR Loans. If a Borrower Party requests a Borrowing of, conversion to, or continuation of LIBOR Loans in any such Loan Notice, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month.

Appears in 1 contract

Samples: Revolving Credit Agreement (Bain Capital Specialty Finance, Inc.)

Request for Borrowing. Each request by Borrowers Borrowing, each conversion of Loans from one Type of Loan to another Type of Loan, and each continuation of a LIBOR Rate Loan shall be made upon the applicable Borrower Party’s irrevocable notice to Administrative Agent for a Borrowing under Section 2.01 hereof (a "Request for Borrowing"”), which may be given by telephone. Each notice: (i) shall be in writing and specify furnished to the aggregate amount of such requested Borrowing, Administrative Agent no later than 2:00 p.m. (x) on the requested date of Borrowing in the case of a Base Rate Loan, provided that, any such Borrowing, and, when the Request for Borrowing specifies a Eurodollar Borrowing, the Interest Period which shall be applicable thereto; provided, however, that the aggregate number of unpaid Eurodollar Borrowings Loans shall not exceed five the Daily Borrowing Sublimit, or one (51) Business Day prior to the requested date of Borrowing for any Base Rate Loans in excess of the Daily Borrowing Sublimit, (y) at any time. Borrowers shall furnish to Agent the Request for Borrowing by at least 11:00 a.m. (Fort Worth time) three (3) Eurodollar Business Days prior to the requested Eurodollar date of Borrowing date (which must be a Eurodollar Business Day) and by at least 11:00 a.m. (Fort Worth time) on the requested borrowing date (which must be a Business Day) for a Floating Base Advance. Any Request for Borrowing shall: (i) in the case of a Floating Base Borrowing, be in the form attached hereto as EXHIBIT "C," LIBOR Rate Loan; and (ii) in must specify: (w) the case of a Eurodollar Borrowing, be in the form attached hereto as EXHIBIT "D." Each Floating Base Borrowing shall be in an aggregate principal amount of five hundred thousand dollars such Borrowing; ($500,000.00x) or any higher integral multiple of one hundred thousand dollars the Interest Option if such Loan is to be funded in Dollars; ($100,000.00). Each Eurodollar Borrowing shall be in an amount of at least one million dollars y) the Interest Period therefor, if applicable; and ($1,000,000.00z) or any higher integral multiple of $1,000,000.00. Prior to making a Request for Borrowing, Borrowers may (without specifying whether the anticipated Borrowing shall be a Floating Base Borrowing or Eurodollar Borrowing) request that Agent provide Borrowers with the most recent Interbank Offered Rate available to Agent. Agent shall endeavor to provide such quoted rates to Borrowers on the date of such requestBorrowing, which shall be a Business Day. Each Request for Borrowing telephonic notice by a Borrower Party pursuant to this Section 2.02(a) must be confirmed promptly by delivery to Administrative Agent of a written Loan Notice, appropriately completed and signed by a Responsible Officer of such Borrower Party. Each Loan Notice (whether telephonic or written) shall be irrevocable delivered together with a Borrowing Base Certificate, and binding on Borrowers andshall specify: (A) whether the Borrower Party is requesting a Borrowing, in respect a conversion of Loans from one Type of Loan to the other, or a continuation of LIBOR Rate Loans; (B) the requested date of the Borrowing specified in such Request for Borrowing, Borrowers conversion or continuation, as the case may be (which shall indemnify each Bank against any cost, loss or expense incurred by such Bank as be a result Business Day); (C) the principal amount of any failure to fulfill, on or before the date specified for such Borrowing, the conditions to such Advance set forth herein, including without limitation, any cost, loss or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by any Bank to fund the Advance Loans to be made by such Bank as part borrowed, converted or continued; (D) the Type of such Borrowing when such Advance, as a result of such failure, is not made on such date. After receiving a Request for Borrowing in the manner provided herein, Agent shall promptly notify each Bank by telephone (confirmed immediately by telecopy, telex or cable), telecopy, telex or cable of the amount of the Borrowing and such Bank's pro rata share of such Borrowing, the date on which the Borrowing is Loans to be made, the interest option selected and, borrowed or to which existing Loans are to be converted; (E) if applicable, the duration of the Interest Period selectedwith respect thereto; and (F) to which account the proceeds of such Borrowing should be directed. If a Borrower Party fails to specify a Type of Loan in a Loan Notice or if a Borrower Party fails to give a timely notice requesting a continuation, then the applicable Loans shall be made or continued as Base Rate Loans. If a Borrower Party requests a Borrowing of, conversion to, or continuation of LIBOR Rate Loans in any such Loan Notice, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month.

Appears in 1 contract

Samples: Revolving Credit Agreement (Franklin BSP Capital Corp)

Request for Borrowing. Each request Borrowing, each conversion of Loans from one (1) Type of Loan to the other, and each continuation of Term Rate Loans shall be made upon Borrower’s irrevocable notice to Administrative Agent, which may be given by Borrowers to Agent for telephone, together with a Borrowing under Section 2.01 hereof Base Certificate. Each such notice must be received by Administrative Agent not later than 11:00 a.m. at least: (a "Request for Borrowing"i) shall be in writing and specify the aggregate amount of such requested Borrowing, three (3) Business Days prior to the requested date of any Borrowing of, conversion to or continuation of Term Rate Loans or of any conversion of Term Rate Loans to Reference Rate Loans; and (ii) one (1) Business Day prior to the requested date of any Borrowing of Reference Rate Loans. Each telephonic notice by Borrower pursuant to this Section 2.02(a) must be confirmed promptly by delivery to Administrative Agent of a written Loan Notice, appropriately completed and signed by a Responsible Officer of Borrower. Each Loan Notice (whether telephonic or written) shall specify: (A) whether Borrower is requesting a Borrowing, a conversion of Loans from one (1) Type of Loan to the other, or a continuation of Term Rate Loans; (B) the requested date of the Borrowing, conversion or continuation, as the case may be (which shall be a Business Day); (C) the principal amount of Loans to be borrowed, converted or continued; (D) the Type of Loans to be borrowed or to which existing Loans are to be converted; and (E) to which account the proceeds of such Borrowing, andor conversion or continuation should be directed. If Borrower fails to specify a Type of Loan in a Loan Notice or if Borrower fails to give a timely notice requesting a conversion or continuation, when then the Request for Borrowing specifies applicable Loans shall be made as, or converted to, a Eurodollar Borrowing, the Term Rate Loan with an Interest Period which shall be applicable theretoof one (1) month; provided, however, that the aggregate number if Borrower fails to specify a Type of unpaid Eurodollar Borrowings shall not exceed five (5) at any time. Borrowers shall furnish to Agent the Request for Borrowing by at least 11:00 a.m. (Fort Worth time) three (3) Eurodollar Business Days prior to the requested Eurodollar Borrowing date (which must be Loan in a Eurodollar Business Day) and by at least 11:00 a.m. (Fort Worth time) on the requested borrowing date (which must be a Business Day) Loan Notice delivered with adequate notice for a Floating Base Advance. Any Request for Borrowing shall: (i) in the case of Term Rate Loan, it will be deemed to have specified a Floating Base Borrowing, be in the form attached hereto as EXHIBIT "C," and (ii) in the case of a Eurodollar Borrowing, be in the form attached hereto as EXHIBIT "D." Each Floating Base Borrowing shall be in Term Rate Loan with an aggregate principal amount of five hundred thousand dollars ($500,000.00) or any higher integral multiple Interest Period of one hundred thousand dollars ($100,000.00). Each Eurodollar Borrowing shall be in an amount of at least one million dollars ($1,000,000.001) or any higher integral multiple of $1,000,000.00. Prior to making a Request for Borrowing, Borrowers may (without specifying whether the anticipated Borrowing shall be a Floating Base Borrowing or Eurodollar Borrowing) request that Agent provide Borrowers with the most recent Interbank Offered Rate available to Agent. Agent shall endeavor to provide such quoted rates to Borrowers on the date of such request. Each Request for Borrowing shall be irrevocable and binding on Borrowers and, in respect of the Borrowing specified in such Request for Borrowing, Borrowers shall indemnify each Bank against any cost, loss or expense incurred by such Bank as a result of any failure to fulfill, on or before the date specified for such Borrowing, the conditions to such Advance set forth herein, including without limitation, any cost, loss or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by any Bank to fund the Advance to be made by such Bank as part of such Borrowing when such Advance, as a result of such failure, is not made on such date. After receiving a Request for Borrowing in the manner provided herein, Agent shall promptly notify each Bank by telephone (confirmed immediately by telecopy, telex or cable), telecopy, telex or cable of the amount of the Borrowing and such Bank's pro rata share of such Borrowing, the date on which the Borrowing is to be made, the interest option selected and, if applicable, the Interest Period selectedmonth.

Appears in 1 contract

Samples: Revolving Credit Agreement (Invesco Commercial Real Estate Finance Trust, Inc.)

Request for Borrowing. Each request by Borrowers Company to Agent for a Borrowing under Section 2.01 hereof or 2.02 (a "Request for Borrowing") shall be in writing or by telephonic notice and specify the aggregate amount of such requested Borrowing, Borrowing and the requested date of such Borrowing, and, when the Request for Borrowing specifies a Eurodollar Borrowing, the Interest Period which shall be applicable thereto; provided, however, that the aggregate number of unpaid Eurodollar Borrowings shall not exceed five (5) at any time. Borrowers Company shall furnish to Agent the Request for Borrowing by at least 11:00 a.m. (Fort Worth time) three (3) Eurodollar Business Days prior to the requested Eurodollar Borrowing date (which must be a Eurodollar Business Day) and by at least 11:00 a.m. (Fort Worth time) on the requested borrowing date (which must be a Business Day) for a Floating Base Advanceas set forth herein. Any written Request for Borrowing shall: (i) in the case of a Floating Base Facility A Borrowing, be in the form attached hereto as EXHIBIT a Exhibit "CD," and (ii) in the case of a Eurodollar Facility B Borrowing, be in the form attached hereto as EXHIBIT Exhibit "D.E." If such Request for Borrowing is by telephonic notice, said telephonic notice shall be confirmed in writing promptly after such telephonic notice pursuant to a Confirmation of Request for Borrowing (i) substantially in the form attached hereto as Exhibit "F" in the case of a Facility A Borrowing and (ii) substantially in the form attached hereto as Exhibit "G" in the case of a Facility B borrowing. A Request for Borrowing and a Confirmation of Request for Borrowing may be provided by facsimile transmission; however, Bank must be in receipt of one or the other prior to funding the Advance. Each Floating Base Borrowing shall be in an aggregate principal amount of five one hundred thousand dollars ($500,000.00100,000.00) or any higher integral multiple of one hundred thousand dollars ($100,000.00). Each Eurodollar Borrowing shall be in an amount of at least one million dollars ($1,000,000.00) or any higher integral multiple of $1,000,000.00. Prior to making a Request for Borrowing, Borrowers may (without specifying whether the anticipated Borrowing shall be a Floating Base Borrowing or Eurodollar Borrowing) request that Agent provide Borrowers with the most recent Interbank Offered Rate available to Agent. Agent shall endeavor to provide such quoted rates to Borrowers on the date of such request. Each Request for Borrowing shall be irrevocable and binding on Borrowers Company and, in respect of the Borrowing specified in such Request for Borrowing, Borrowers Company shall indemnify each Bank against any cost, loss or expense incurred by such Bank as a result of any failure to fulfill, on or before the date specified for such Borrowing, the conditions to such Advance set forth herein, including without limitation, any cost, loss or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by any Bank to fund the Advance to be made by such Bank as part of such Borrowing when such Advance, as a result of such failure, is not made on such date. After receiving a Request for Borrowing in the manner provided herein, Agent shall promptly notify each Bank by telephone (confirmed immediately by telecopy, telex or cable), telecopyfacsimile, telex or cable of the amount of the Borrowing and such Bank's pro rata share of such Borrowing, the date on which the Borrowing is to be made, the interest option selected and, if applicable, the Interest Period selectedand whether such Borrowing will be a Facility A Borrowing or a Facility B Borrowing.

Appears in 1 contract

Samples: Revolving Credit Agreement (Tandycrafts Inc)

Request for Borrowing. Each request by Borrowers Borrowing, each conversion of Loans from one Type of Loan to Agent for a Borrowing under Section 2.01 hereof (a "Request for Borrowing") the other, and each continuation of LIBOR Rate Loans shall be in writing and specify made upon the aggregate amount of Borrower’s irrevocable written notice to Administrative Agent. Each such requested Borrowing, the requested date of such Borrowing, and, when the Request for Borrowing specifies a Eurodollar Borrowing, the Interest Period which shall notice must be applicable thereto; provided, however, that the aggregate number of unpaid Eurodollar Borrowings shall received by Administrative Agent not exceed five later than 12:00 noon at least: (5) at any time. Borrowers shall furnish to Agent the Request for Borrowing by at least 11:00 a.m. (Fort Worth timei) three (3) Eurodollar Business Days prior to the requested Eurodollar date of any Borrowing of, conversion to or continuation of LIBOR Rate Loans or of any conversion of LIBOR Rate Loans to Base Rate Loans; and (ii) one (1) Business Day prior to the requested date of any Borrowing of Base Rate Loans. Each Loan Notice (whether telephonic or written) shall specify: (A) whether the Borrower is requesting a Borrowing, a conversion of Loans from one Type of Loan to the other, or a continuation of LIBOR Rate Loans; (B) the requested date of the Borrowing, conversion or continuation, as the case may be (which must be a Eurodollar Business Day) and by at least 11:00 a.m. (Fort Worth time) on the requested borrowing date (which must shall be a Business Day); (C) for a Floating Base Advance. Any Request for Borrowing shall: (i) in the case of a Floating Base Borrowing, be in the form attached hereto as EXHIBIT "C," and (ii) in the case of a Eurodollar Borrowing, be in the form attached hereto as EXHIBIT "D." Each Floating Base Borrowing shall be in an aggregate principal amount of five hundred thousand dollars Loans to be borrowed, converted or continued; ($500,000.00D) the Type of Loans to be borrowed or any higher integral multiple of one hundred thousand dollars to which existing Loans are to be converted; ($100,000.00). Each Eurodollar Borrowing shall be in an amount of at least one million dollars ($1,000,000.00E) or any higher integral multiple of $1,000,000.00. Prior to making a Request for Borrowingif applicable, Borrowers may (without specifying whether the anticipated Borrowing shall be a Floating Base Borrowing or Eurodollar Borrowing) request that Agent provide Borrowers with the most recent Interbank Offered Rate available to Agent. Agent shall endeavor to provide such quoted rates to Borrowers on the date of such request. Each Request for Borrowing shall be irrevocable and binding on Borrowers and, in respect duration of the Borrowing specified in such Request for Borrowing, Borrowers shall indemnify each Bank against any cost, loss or expense incurred by such Bank as a result of any failure Interest Period with respect thereto; and (F) to fulfill, on or before which account the date specified for such Borrowing, the conditions to such Advance set forth herein, including without limitation, any cost, loss or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by any Bank to fund the Advance to be made by such Bank as part of such Borrowing when such Advance, as a result of such failure, is not made on such date. After receiving a Request for Borrowing in the manner provided herein, Agent shall promptly notify each Bank by telephone (confirmed immediately by telecopy, telex or cable), telecopy, telex or cable of the amount of the Borrowing and such Bank's pro rata share proceeds of such Borrowing, conversion or continuation should be directed. If Borrower fails to specify a Type of Loan in a Loan Notice or if Borrower fails to give a timely notice requesting a conversion or continuation, then the date on which applicable Loans shall be made as, or converted to, a LIBOR Rate Loan with a one month Interest Period. Any such automatic conversion to LIBOR Rate Loans with a one month Interest Period shall be effective as of the Borrowing is to be made, the interest option selected and, if applicable, last day of the Interest Period selectedthen in effect with respect to the applicable LIBOR Rate Loans. If Borrower requests a Borrowing of, conversion to, or continuation of LIBOR Rate Loans in any such Loan Notice, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month.

Appears in 1 contract

Samples: Credit Agreement (New England Realty Associates Limited Partnership)

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Request for Borrowing. Each request The Borrowers shall give the Administrative Agent notice at the Agency Services Address of the date of each requested Borrowing hereunder, which notice may be by Borrowers to Agent for a Borrowing under Section 2.01 hereof telephone, if confirmed in writing by facsimile, electronic mail, or other written communication (a "Request for Borrowing"”), in the form of Exhibit E, and which notice shall be irrevocable and effective upon receipt by the Administrative Agent. Each Request for Borrowing: (i) shall be in writing and specify furnished to the aggregate amount of such requested Borrowing, Administrative Agent no later than 11:00 a.m. (x) at least one (1) Business Day prior to the requested date of such BorrowingBorrowing in the case of a Reference Rate Loan, and, when the Request for Borrowing specifies a Eurodollar Borrowing, the Interest Period which shall be applicable thereto; provided, however, that the aggregate number of unpaid Eurodollar Borrowings shall not exceed five and (5y) at any time. Borrowers shall furnish to Agent the Request for Borrowing by at least 11:00 a.m. (Fort Worth time) three (3) Eurodollar Business Days prior to the requested Eurodollar date of Borrowing in the case of a LIBOR Rate Loan or a CP Rate Loan; and (ii) must specify: (A) the amount of such Borrowing; (B) the Interest Option (with respect to Loans that are not CP Rate Loans); (C) the Interest Period therefor, if applicable; and (D) the date (of such Borrowing, which must be a Eurodollar Business Day) and by at least 11:00 a.m. (Fort Worth time) on the requested borrowing date (which must shall be a Business Day) for a Floating Base Advance. Any Request for Borrowing shall: (i) in received by the case of a Floating Base Borrowing, be in the form attached hereto as EXHIBIT "C," and (ii) in the case of a Eurodollar Borrowing, be in the form attached hereto as EXHIBIT "D." Each Floating Base Borrowing Administrative Agent after 11:00 a.m. shall be in an aggregate principal amount of five hundred thousand dollars ($500,000.00) or any higher integral multiple of one hundred thousand dollars ($100,000.00). Each Eurodollar Borrowing shall be in an amount of at least one million dollars ($1,000,000.00) or any higher integral multiple of $1,000,000.00. Prior deemed to making a Request for Borrowing, Borrowers may (without specifying whether have been given by the anticipated Borrowing shall be a Floating Base Borrowing or Eurodollar Borrowing) request that Agent provide Borrowers with the most recent Interbank Offered Rate available to Agent. Agent shall endeavor to provide such quoted rates to Borrowers on the date of such requestnext succeeding Business Day. Each Request for Borrowing submitted by the Borrowers shall be irrevocable deemed to be a representation and binding on Borrowers warranty that the conditions specified in Sections 6.1 and 6.2 and, in respect to the extent applicable, Section 6.3, have been satisfied on and as of the Borrowing specified in such Request for Borrowing, Borrowers shall indemnify each Bank against any cost, loss or expense incurred by such Bank as a result of any failure to fulfill, on or before the date specified for such Borrowing, the conditions to such Advance set forth herein, including without limitation, any cost, loss or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by any Bank to fund the Advance to be made by such Bank as part of such Borrowing when such Advance, as a result of such failure, is not made on such dateapplicable Borrowing. After receiving a No Request for Borrowing shall be valid hereunder for any purpose unless it shall have been accompanied or preceded by the information and other documents required to be delivered in accordance with this Section. For the manner provided hereinavoidance of doubt, Agent shall promptly notify each Bank by telephone with respect to any Request for Borrowing submitted to a Lender Group with a Conduit Lender (confirmed immediately by telecopy, telex or cableincluding any Request for Borrowing of a Reference Rate Loan), telecopy, telex or cable of the amount of the Borrowing and such Bank's pro rata share Managing Agent of such BorrowingConduit Lender’s Lender Group may elect to have a Conduit Lender or a Committed Lender fund such Loan in its sole discretion and (x) if such Loan is funded by a Conduit Lender, such Loan shall be funded as a CP Rate Loan through the issuance of Commercial Paper (and not pursuant to a Program Support Agreement) and (y) if such Loan is funded by a Commitment Lender, the date on which the Borrowing is Borrowers shall be entitled to be made, the interest option selected and, if applicable, select the Interest Period selectedOption applicable to such Loan.

Appears in 1 contract

Samples: Revolving Credit Agreement (Crescent Capital BDC, Inc.)

Request for Borrowing. Each request The applicable Borrower shall give the Administrative Agent notice at the Agency Services Address of the date of each requested Borrowing hereunder, which notice may be by Borrowers to Agent for a Borrowing under Section 2.01 hereof telephone, if confirmed in writing, facsimile, electronic mail, or other written communication (a "Request for Borrowing"”), substantially in the form of Exhibit E hereto, and which notice shall be effective upon receipt by the Administrative Agent. Each Request for Borrowing: (i) shall be furnished to the Administrative Agent no later than (A) 10:00 a.m. the same Business Day of a Borrowing that shall be a Reference Rate Loan denominated in writing and specify the aggregate amount of such requested BorrowingDollars, (B) 11:00 at least one (1) Business Day prior to the requested date of such Borrowinga Borrowing to be denominated in Dollars (other than a Reference Rate Loan), and, when the Request for Borrowing specifies a Eurodollar Borrowing, the Interest Period which shall be applicable thereto; provided, however, that the aggregate number of unpaid Eurodollar Borrowings shall not exceed five (5C) at any time. Borrowers shall furnish to Agent the Request for Borrowing by 11:00 a.m. at least 11:00 a.m. (Fort Worth time) three (3) Eurodollar Business Days prior to the requested Eurodollar date of a Borrowing of Eurocurrency Rate Loans, (D) at USActive 58236919.3 -42- least three (3) Business Days prior to the requested date of any Borrowing of an RFR Loan denominated in Canadian Dollars and (E) at least five (5) Business Days prior to the requested date of any Borrowing of an RFR Loan denominated in Sterling; and (ii) must specify: (A) the requested date of Borrowing (which must be a Eurodollar Business Day) and by at least 11:00 a.m. (Fort Worth time) on the requested borrowing date (which must shall be a Business Day); (B) the amount and Currency of such Borrowing; (B) the Type of Loans to be borrowed; (C) if applicable, the duration of the Interest Period; (D) which account the proceeds of Borrowing should be directed; and (E) confirmation that such Borrowing will be secured (either directly or indirectly) by a first priority, exclusive security interest and Xxxx (subject to Permitted Liens), granted to the Administrative Agent, for the benefit of the Secured Parties, in and on the Unfunded Feeder Commitments and the other applicable Collateral as provided in Section 5.1 hereof. For the avoidance of doubt, with respect to any Borrowing that is subject to three (3) Business Days’ prior notice, if a Floating Base AdvanceRequest for Borrowing is submitted by 11:00 p.m. on a Monday, the Borrowing shall be made on the immediately following Thursday in accordance with Section 2.8 hereof, provided that each of Monday, Tuesday, Wednesday and Thursday of that week are Business Days. If multiple Borrowers request a Borrowing on the same date, then a separate Request for Borrowing shall be submitted by each applicable Borrower. Any Request for Borrowing shall: (i) in received by the case of a Floating Base Borrowing, be in the form attached hereto as EXHIBIT "C," and (ii) in the case of a Eurodollar Borrowing, be in the form attached hereto as EXHIBIT "D." Each Floating Base Borrowing Administrative Agent after 2:00 p.m. shall be in an aggregate principal amount of five hundred thousand dollars ($500,000.00deemed to have been given by the applicable Borrower(s) or any higher integral multiple of one hundred thousand dollars ($100,000.00). Each Eurodollar Borrowing shall be in an amount of at least one million dollars ($1,000,000.00) or any higher integral multiple of $1,000,000.00. Prior to making a Request for Borrowing, Borrowers may (without specifying whether the anticipated Borrowing shall be a Floating Base Borrowing or Eurodollar Borrowing) request that Agent provide Borrowers with the most recent Interbank Offered Rate available to Agent. Agent shall endeavor to provide such quoted rates to Borrowers on the date of such requestnext succeeding Business Day. Each Request for Borrowing submitted by a Borrower shall be irrevocable deemed to constitute a representation and binding on Borrowers and, in respect of warranty by the Borrowing specified in applicable Borrower providing such Request for BorrowingBorrowing (and, Borrowers additionally, it is agreed by each other Borrower that is shall indemnify also be deemed to constitute a representation and warranty by each Bank against any costsuch Borrower as to itself) that the conditions specified in Sections 6.1 (with respect to the initial advance under this Credit Agreement), loss or expense incurred by such Bank 6.2 and 6.3 (with respect to the initial advance under this Credit Agreement to a Qualified Borrower) have been satisfied on and as a result of any failure to fulfill, on or before the date specified for such Borrowing, the conditions to such Advance set forth herein, including without limitation, any cost, loss or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by any Bank to fund the Advance to be made by such Bank as part of such Borrowing when such Advance, as a result of such failure, is not made on such dateapplicable Borrowing. After receiving a No Request for Borrowing in shall be valid hereunder for any purpose unless it shall have been accompanied or preceded by the manner provided herein, Agent shall promptly notify each Bank by telephone (confirmed immediately by telecopy, telex or cable), telecopy, telex or cable of the amount of the Borrowing information and such Bank's pro rata share of such Borrowing, the date on which the Borrowing is other documents required to be made, the interest option selected and, if applicable, the Interest Period selecteddelivered in accordance with this Section.

Appears in 1 contract

Samples: Revolving Credit Agreement (T Series Middle Market Loan Fund LLC)

Request for Borrowing. Each request The applicable Borrower shall give the Administrative Agent notice at the Agency Services Address of the date of each requested Borrowing hereunder, which notice may be by Borrowers to Agent for a Borrowing under Section 2.01 hereof telephone, if confirmed in writing, facsimile, electronic mail, or other written communication (a "Request for Borrowing"”), substantially in the form of Exhibit E hereto, and which notice shall be effective upon receipt by the Administrative Agent. Each Request for Borrowing: (i) shall be furnished to the Administrative Agent no later than (A) 10:00 a.m. the same Business Day of a Borrowing that shall be a Reference Rate Loan denominated in writing and specify the aggregate amount of such requested BorrowingDollars, (B) 11:00 at least one (1) Business Day prior to the requested date of such Borrowinga Borrowing to be denominated in Dollars (other than a Reference Rate Loan), and, when the Request for Borrowing specifies a Eurodollar Borrowing, the Interest Period which shall be applicable thereto; provided, however, that the aggregate number of unpaid Eurodollar Borrowings shall not exceed five (5C) at any time. Borrowers shall furnish to Agent the Request for Borrowing by 11:00 a.m. at least 11:00 a.m. (Fort Worth time) three (3) Eurodollar Business Days prior to the requested Eurodollar date of a Borrowing of Eurocurrency Rate Loans; and (D) at least five (5) Business Days prior to the requested date of any Borrowing of an RFR Loan; and (ii) must specify: (A) the requested date of Borrowing (which must be a Eurodollar Business Day) and by at least 11:00 a.m. (Fort Worth time) on the requested borrowing date (which must shall be a Business Day); (B) the amount and Currency of such Borrowing; (B) the Type of Loans to be borrowed; (C) if applicable, the duration of the Interest Period; (D) which account the proceeds of Borrowing should be directed; and (E) confirmation that such Borrowing will be secured (either directly or indirectly) by a first priority, exclusive security interest and Xxxx (subject to Permitted Liens), granted to the Administrative Agent, for the benefit of the Secured Parties, in and on the Unfunded Feeder Commitments and the other applicable Collateral as provided in Section 5.1 hereof. For the avoidance of doubt, with respect to any Borrowing that is subject to three (3) Business Days’ prior notice, if a Floating Base AdvanceRequest for Borrowing is submitted by 11:00 p.m. on a Monday, the Borrowing shall be made on the immediately following Thursday in accordance with Section 2.8 hereof, provided that each of Monday, Tuesday, Wednesday and Thursday of that week are Business Days. If multiple Borrowers request a Borrowing on the same date, then a separate Request for Borrowing shall be submitted by each applicable Borrower. Any Request for Borrowing shall: (i) in received by the case of a Floating Base Borrowing, be in the form attached hereto as EXHIBIT "C," and (ii) in the case of a Eurodollar Borrowing, be in the form attached hereto as EXHIBIT "D." Each Floating Base Borrowing Administrative Agent after 2:00 p.m. shall be in an aggregate principal amount of five hundred thousand dollars ($500,000.00deemed to have been given by the applicable Borrower(s) or any higher integral multiple of one hundred thousand dollars ($100,000.00). Each Eurodollar Borrowing shall be in an amount of at least one million dollars ($1,000,000.00) or any higher integral multiple of $1,000,000.00. Prior to making a Request for Borrowing, Borrowers may (without specifying whether the anticipated Borrowing shall be a Floating Base Borrowing or Eurodollar Borrowing) request that Agent provide Borrowers with the most recent Interbank Offered Rate available to Agent. Agent shall endeavor to provide such quoted rates to Borrowers on the date of such requestnext succeeding Business Day. Each Request for Borrowing submitted by a Borrower shall be irrevocable deemed to constitute a representation and binding on Borrowers and, in respect of warranty by the Borrowing specified in applicable Borrower providing such Request for BorrowingBorrowing (and, Borrowers additionally, it is agreed by each other Borrower that is shall indemnify also be deemed to constitute a representation and warranty by each Bank against any costsuch Borrower as to itself) that the conditions specified in Sections 6.1 (with respect to the initial advance under this Credit Agreement), loss or expense incurred by such Bank 6.2 and 6.3 (with respect to the initial USActive 58236919.3 advance under this Credit Agreement to a Qualified Borrower) have been satisfied on and as a result of any failure to fulfill, on or before the date specified for such Borrowing, the conditions to such Advance set forth herein, including without limitation, any cost, loss or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by any Bank to fund the Advance to be made by such Bank as part of such Borrowing when such Advance, as a result of such failure, is not made on such dateapplicable Borrowing. After receiving a No Request for Borrowing in shall be valid hereunder for any purpose unless it shall have been accompanied or preceded by the manner provided herein, Agent shall promptly notify each Bank by telephone (confirmed immediately by telecopy, telex or cable), telecopy, telex or cable of the amount of the Borrowing information and such Bank's pro rata share of such Borrowing, the date on which the Borrowing is other documents required to be made, the interest option selected and, if applicable, the Interest Period selecteddelivered in accordance with this Section.

Appears in 1 contract

Samples: Revolving Credit Agreement (T Series Middle Market Loan Fund LLC)

Request for Borrowing. Each request by Borrowers Borrower to Agent for a Borrowing under Section 2.01 2.01(a) hereof (a "Request for Borrowing") shall be in writing and specify the aggregate amount of such requested Borrowing, the requested date Borrowing Date of such Borrowing, and, when the Request for Borrowing specifies a Eurodollar Borrowing or a CD Borrowing, the Interest Period which shall be applicable thereto; provided, however, that the aggregate number of unpaid CD Borrowings and Eurodollar Borrowings shall not exceed five four (54) at any time. Borrowers Borrower shall furnish to Agent Bank the Request for Borrowing by at least 11:00 a.m. A.M. (Fort Worth time) three at least two (32) Eurodollar Business Days prior to the requested Eurodollar Borrowing date (which must be a Eurodollar Business Day), by 11:00 A.M. (Fort Worth time) at least one (1) Business Day prior to the requested borrowing date (which must be a Business Day) for a CD Borrowing and by at least 11:00 a.m. (Fort Worth time) on the requested borrowing date (which must be a Business Day) for a Floating Base AdvanceBorrowing. Any written Request for Borrowing shall: (i) in the case of a Floating Base Borrowing, be in the form attached hereto as EXHIBIT Exhibit "C," (ii) in the case of a CD Borrowing, be in the form attached hereto as Exhibit "D," and (iiiii) in the case of a Eurodollar Borrowing, be in the form attached hereto as EXHIBIT Exhibit "D.E." Each Floating Base Borrowing shall be in an aggregate principal amount of five one hundred thousand dollars ($500,000.00100,000.00) or any higher integral multiple of one hundred thousand dollars ($100,000.00). Each Eurodollar Borrowing and CD Borrowing shall be in an amount of at least one million five hundred thousand dollars ($1,000,000.00500,000.00) or any higher integral multiple of $1,000,000.00100,000.00. Prior to making a Request for Borrowing, Borrowers Borrower may (without specifying whether the anticipated Borrowing shall be a Floating Base Borrowing, CD Borrowing or Eurodollar Borrowing) request that Agent provide Borrowers Borrower with the most recent CD Quoted Rate and Interbank Offered Rate available to Agent. Agent shall endeavor use its best efforts to provide such quoted rates to Borrowers Borrower on the date of such request. Each Request for Borrowing shall be irrevocable and binding on Borrowers Borrower and, in respect of the Borrowing specified in such Request for Borrowing, Borrowers Borrower shall indemnify each Bank against any cost, loss or expense incurred by such any Bank as a result of any failure to fulfill, on or before the date specified for such Borrowing, the conditions to such Advance Borrowing set forth herein, including without limitation, any cost, loss or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by any Bank to fund the Advance to be made by such Bank as part of such Borrowing when such AdvanceBorrowing, as a result of such failure, is not made on such date. After receiving a Request for Borrowing in the manner provided herein, Agent shall promptly notify each Bank by telephone (confirmed immediately by telecopy, telex or cable), telecopy, telex or cable of the amount of the Borrowing and such Bank's pro rata share of such Borrowing, the date on which the Borrowing is to be made, the interest option selected and, if applicable, the Interest Period selected.

Appears in 1 contract

Samples: Guaranty Agreement (Pier 1 Imports Inc/De)

Request for Borrowing. Each request requesting Borrower shall give the Administrative Agent notice at the Agency Services Address of the date of each requested Borrowing hereunder, which notice may be by Borrowers to Agent for a Borrowing under Section 2.01 hereof telephone, if confirmed in writing, facsimile, electronic mail, or other written communication (a "Request for Borrowing"”), substantially in the form of Exhibit E, and which notice shall be irrevocable and effective upon receipt by the Administrative Agent. Each Request for Borrowing: (i) shall be in writing and specify furnished to the aggregate amount of such requested Borrowing, Administrative Agent no later than 11:00 a.m. (x) at least one (1) Business Day prior to the requested date of such BorrowingBorrowing in the case of a Reference Rate Loan, and, when the Request for Borrowing specifies a Eurodollar Borrowing, the Interest Period which shall be applicable thereto; provided, however, that the aggregate number of unpaid Eurodollar Borrowings shall not exceed five (5y) at any time. Borrowers shall furnish to Agent the Request for Borrowing by at least 11:00 a.m. (Fort Worth time) three (3) Eurodollar Business Days prior to the requested Eurodollar date of Borrowing date in the case of a LIBOR Rate Loan denominated in Dollars, and (which must be a Eurodollar Business Dayz) and by at least 11:00 a.m. four (Fort Worth time4) on Business Days prior to the requested borrowing date of Borrowing in the case of a LIBOR Rate Loan denominated in an Alternative Currency; and (ii) must specify: (A) the amount of such Borrowing; (B) the Interest Option if such Loan is to be funded in Dollars; (C) the Interest Period therefor, if applicable; (D) the currency; and (E) the date of such Borrowing, which must shall be a Business Day) for a Floating Base Advance. Any Request for Borrowing shall: (i) in received by the case of a Floating Base Borrowing, be in the form attached hereto as EXHIBIT "C," and (ii) in the case of a Eurodollar Borrowing, be in the form attached hereto as EXHIBIT "D." Each Floating Base Borrowing Administrative Agent after 11:00 a.m. shall be in an aggregate principal amount of five hundred thousand dollars ($500,000.00) or any higher integral multiple of one hundred thousand dollars ($100,000.00). Each Eurodollar Borrowing shall be in an amount of at least one million dollars ($1,000,000.00) or any higher integral multiple of $1,000,000.00. Prior deemed to making a Request for Borrowing, Borrowers may (without specifying whether have been given by the anticipated Borrowing shall be a Floating Base Borrowing or Eurodollar Borrowing) request that Agent provide Borrowers with the most recent Interbank Offered Rate available to Agent. Agent shall endeavor to provide such quoted rates to Borrowers on the date of such requestnext succeeding Business Day. Each Request for Borrowing submitted by the Borrowers shall be irrevocable deemed to be a representation and binding on Borrowers warranty that the conditions specified in Sections 6.1, in the case of the initial Borrowing, and Section 6.2 and, in respect to the extent applicable, Section 6.3, have been satisfied on and as of the Borrowing specified in such Request for Borrowing, Borrowers shall indemnify each Bank against any cost, loss or expense incurred by such Bank as a result of any failure to fulfill, on or before the date specified for such Borrowing, the conditions to such Advance set forth herein, including without limitation, any cost, loss or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by any Bank to fund the Advance to be made by such Bank as part of such Borrowing when such Advance, as a result of such failure, is not made on such dateapplicable Borrowing. After receiving a No Request for Borrowing shall be valid hereunder for any purpose unless it shall have been accompanied or preceded by the information and other documents required to be delivered in accordance with this Section 2.3, unless the manner provided herein, Agent shall promptly notify each Bank by telephone (confirmed immediately by telecopy, telex or cable), telecopy, telex or cable of the amount of the Borrowing and such Bank's pro rata share delivery of such Borrowing, information or documents has been waived by the Required Lenders or provided prior to the date on which of Borrowing in a manner acceptable to the Borrowing is to Administrative Agent in its sole discretion. Notwithstanding the foregoing, Swingline Borrowings shall be made, the interest option selected and, if applicable, the Interest Period selectedrequested in accordance with Section 2.6(b) hereof.

Appears in 1 contract

Samples: Revolving Credit Agreement (Owl Rock Capital Corp)

Request for Borrowing. Each request by Borrowers Company to Administrative --------------------- Agent for a Borrowing under Section 2.01 hereof (a "Request for Borrowing") shall be in writing and specify the aggregate amount of such requested Borrowing, the requested date of such Borrowing, and, when the Request request for Borrowing specifies a Eurodollar Borrowing or a CD Borrowing, the Interest Period which shall be applicable thereto; provided, however, that the aggregate number of unpaid Eurodollar Borrowings shall not exceed five (5) at any time. Borrowers Company shall furnish to Administrative Agent the Request for Borrowing by at least 11:00 a.m. (Fort Worth time) three (3) Eurodollar Business Days prior to the requested Eurodollar Borrowing date (which must be a Eurodollar Business Day) and by at least 11:00 a.m. two (Fort Worth time2) on Business Days prior to the requested borrowing date (which must be a Business Day) for a CD Borrowing. A Floating Base AdvanceBorrowing may be made the same date on which a Request for Borrowing is received by Administrative Agent. Any such Request for Borrowing shall: (i) in the case of a Floating Base Borrowing, be in the form attached hereto as EXHIBIT Exhibit "B", (ii) in the case of a CD Borrowing, be in the form attached hereto as Exhibit "C," and (iiiii) in the case of a Eurodollar Borrowing, be in the form attached hereto as EXHIBIT Exhibit "D." D". Each Floating Base Borrowing shall be in an aggregate principal amount of five hundred thousand dollars ($500,000.00) 5,000,000 or any higher integral multiple of one hundred thousand dollars ($100,000.00). Each Eurodollar Borrowing shall be in an amount of at least one million dollars ($1,000,000.00) or any higher integral multiple of $1,000,000.001,000,000. Any Request for Borrowing received by Administrative Agent after 12:00 noon (New York City time) on any Business Day shall be deemed to have been received on the next succeeding Business Day. Prior to making a Request for Borrowing, Borrowers Company may (without specifying whether the anticipated Borrowing shall be a Floating Base Borrowing, CD Borrowing or Eurodollar Borrowing) request that Administrative Agent provide Borrowers Company with the most recent Interbank CD Quoted Rate and InterBank Offered Rate available to AgentReference Banks. Administrative Agent shall endeavor to provide such quoted rates to Borrowers Company on the date of such request. Each Request for Borrowing shall be irrevocable and binding on Borrowers Company and, in respect of the Borrowing specified in such Request for Borrowing, Borrowers Company shall indemnify each Bank against any cost, loss or expense incurred by such Bank as a result of any failure to fulfill, on or before the date specified for such Borrowing, the conditions to such Advance Borrowing set forth herein, including without limitation, any cost, loss or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by any Bank to fund the Advance to be made by such Bank as part of such Borrowing when such Advance, as a result of such failure, is not made on such date. After receiving a Request for Borrowing in the manner provided herein, Administrative Agent shall promptly notify each Bank by telephone (confirmed immediately by telecopytelex, telex telecopy or cable), telecopy, telex or cable of the amount of the Borrowing and such Bank's pro rata share of such Borrowing, the date on which the Borrowing is to be made, the interest option selected and, if applicable, the Interest Period selected.

Appears in 1 contract

Samples: Revolving Credit Agreement (Cross Timbers Oil Co)

Request for Borrowing. Each request The Borrowers shall give the Administrative Agent notice at the Agency Services Address of the date of each requested Borrowing hereunder, which notice may be by Borrowers to Agent for a Borrowing under Section 2.01 hereof telephone, if confirmed in writing, facsimile, electronic mail, or other written communication (a "Request for Borrowing"”), substantially in the form of Exhibit E hereto, and which notice shall be effective upon receipt by the Administrative Agent. Each Request for Borrowing: (i) shall be in writing and specify furnished to the aggregate amount of such requested Borrowing, Administrative Agent no later than 10:00 a.m. (x) at least one (1) Business Day prior to the requested date of Borrowing in the case of a Reference Rate Loan or LIBOR Rate Loan denominated in Dollars, or on the same day of the requested date of Borrowing if such Reference Rate Loan or LIBOR Rate Loan denominated in Dollars is less than or equal to $50,000,000, (y) at least one (1) Business Day prior to the requested date of Borrowing, and, when in the Request for Borrowing specifies case of a Eurodollar Borrowing, the Interest Period which shall be applicable thereto; provided, however, LIBOR Rate Loan denominated in Dollars that the aggregate number of unpaid Eurodollar Borrowings shall not exceed five is calculated based on Daily LIBOR and (5z) at any time. Borrowers shall furnish to Agent the Request for Borrowing by at least 11:00 a.m. (Fort Worth time) three (3) Eurodollar Business Days prior to the requested Eurodollar Borrowing date of Borrowing, in the case of a LIBOR Rate 45 Loan that is not calculated based on Daily LIBOR or a LIBOR Rate Loan denominated in an Alternative Currency; and (ii) must specify: (A) the amount of such Borrowing; (B) the currency of the Borrowing; (C) the Interest Option; and (D) the date of such Borrowing, which must be a Eurodollar Business Day) and by at least 11:00 a.m. (Fort Worth time) on the requested borrowing date (which must shall be a Business Day) for a Floating Base Advance. Any Request for Borrowing shall: (i) in received by the case of a Floating Base Borrowing, be in the form attached hereto as EXHIBIT "C," and (ii) in the case of a Eurodollar Borrowing, be in the form attached hereto as EXHIBIT "D." Each Floating Base Borrowing Administrative Agent after 10:00 a.m. shall be in an aggregate principal amount of five hundred thousand dollars ($500,000.00) or any higher integral multiple of one hundred thousand dollars ($100,000.00). Each Eurodollar Borrowing shall be in an amount of at least one million dollars ($1,000,000.00) or any higher integral multiple of $1,000,000.00. Prior deemed to making a Request for Borrowing, Borrowers may (without specifying whether have been given by the anticipated Borrowing shall be a Floating Base Borrowing or Eurodollar Borrowing) request that Agent provide Borrowers with the most recent Interbank Offered Rate available to Agent. Agent shall endeavor to provide such quoted rates to Borrowers on the date of such requestnext succeeding Business Day. Each Request for Borrowing submitted by the Borrowers shall be irrevocable deemed to be a representation and binding on Borrowers warranty that the conditions specified in Sections 6.1 and 6.2 and, in respect to the extent applicable, Section 6.3 and/or Section 6.4, have been satisfied or waived on and as of the Borrowing specified in such Request for Borrowing, Borrowers shall indemnify each Bank against any cost, loss or expense incurred by such Bank as a result of any failure to fulfill, on or before the date specified for such Borrowing, the conditions to such Advance set forth herein, including without limitation, any cost, loss or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by any Bank to fund the Advance to be made by such Bank as part of such Borrowing when such Advance, as a result of such failure, is not made on such dateapplicable Borrowing. After receiving a No Request for Borrowing in shall be valid hereunder for any purpose unless it shall have been accompanied or preceded by the manner provided herein, Agent shall promptly notify each Bank by telephone (confirmed immediately by telecopy, telex or cable), telecopy, telex or cable of the amount of the Borrowing information and such Bank's pro rata share of such Borrowing, the date on which the Borrowing is other documents required to be made, the interest option selected and, if applicable, the Interest Period selecteddelivered in accordance with this Section 2.3.

Appears in 1 contract

Samples: Revolving Credit Agreement (TCG BDC II, Inc.)

Request for Borrowing. Each request by Borrowers Except with respect to Agent for a Borrowing under Swingline Loans which are addressed in Section 2.01 hereof (a "Request for 2.07, each Borrowing") , each conversion of Daily SOFR Loans or Term SOFR Loans or Base Rate Loans from one Type of Syndicated Loan to another, and each continuation of Term SOFR Loans shall be in writing and specify made upon the aggregate amount of applicable Borrower Party’s irrevocable written notice to Administrative Agent. Unless otherwise agreed by Administrative Agent, each such requested Borrowing, the requested date of such Borrowing, and, when the Request for Borrowing specifies a Eurodollar Borrowing, the Interest Period which shall notice must be applicable thereto; provided, however, that the aggregate number of unpaid Eurodollar Borrowings shall received by Administrative Agent not exceed five (5) at any time. Borrowers shall furnish to Agent the Request for Borrowing by at least later than 11:00 a.m. at least: (Fort Worth timei) three (3) Eurodollar Business Days prior to the requested Eurodollar date of any Borrowing other than for a Base Rate Loan or Daily SOFR Loan; (ii) three (3) Business Days prior to the conversion of Base Rate Loans to another Type of Syndicated Loan or the continuation of Term SOFR Loans; and (iii) one (1) Business Day prior to the requested date of any Borrowing of Base Rate Loans or Daily SOFR Loans or of any conversion of Daily SOFR Loans or Term SOFR Loans to Base Rate Loans. Each Loan Notice shall specify: (A) whether the Borrower Party is requesting a Borrowing, a conversion of a Daily SOFR Loan, Term SOFR Loan or Base Rate Loan to another Type of Syndicated Loan, or a continuation of Term SOFR Loans; (B) the requested date of the Borrowing, conversion or continuation, as the case may be (which must be a Eurodollar Business Day) and by at least 11:00 a.m. (Fort Worth time) on the requested borrowing date (which must shall be a Business Day, the “Loan Date”); (C) for a Floating Base Advance. Any Request for Borrowing shall: (i) in the case of a Floating Base Borrowing, be in the form attached hereto as EXHIBIT "C," and (ii) in the case of a Eurodollar Borrowing, be in the form attached hereto as EXHIBIT "D." Each Floating Base Borrowing shall be in an aggregate principal amount of five hundred thousand dollars ($500,000.00) or any higher integral multiple of one hundred thousand dollars ($100,000.00). Each Eurodollar Borrowing shall be in an amount of at least one million dollars ($1,000,000.00) or any higher integral multiple of $1,000,000.00. Prior to making a Request for Borrowing, Borrowers may (without specifying whether the anticipated Borrowing shall be a Floating Base Borrowing or Eurodollar Borrowing) request that Agent provide Borrowers with the most recent Interbank Offered Rate available to Agent. Agent shall endeavor to provide such quoted rates to Borrowers on the date of such request. Each Request for Borrowing shall be irrevocable and binding on Borrowers and, in respect of the Borrowing specified in such Request for Borrowing, Borrowers shall indemnify each Bank against any cost, loss or expense incurred by such Bank as a result of any failure to fulfill, on or before the date specified for such Borrowing, the conditions to such Advance set forth herein, including without limitation, any cost, loss or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by any Bank to fund the Advance Syndicated Loans to be made by such Bank as part borrowed, converted or continued; (D) if any portion of such Borrowing when is not to be funded by a Conduit Lender through the issuance of Commercial Paper, whether such Advance, portion of such Borrowing is to be funded instead as a result Base Rate Loan, Daily SOFR Loan or Term SOFR Loan (it being understood that if any Conduit Lender elects to fund any portion of a Loan through its Liquidity Provider, such Conduit Lender’s Funding Agent shall determine whether such portion shall bear interest based on the Daily Simple SOFR, Term SOFR Rate or the Base Rate for the period prior to the time such portion of such failureLoan is funded through the issuance of Commercial Paper); (E) the Type of Syndicated Loans to which any existing Daily SOFR Loans, is not made on such date. After receiving a Request for Borrowing in Term SOFR Loans or Base Rate Loans are to be converted; and (F) to which account the manner provided herein, Agent shall promptly notify each Bank by telephone (confirmed immediately by telecopy, telex or cable), telecopy, telex or cable of the amount of the Borrowing and such Bank's pro rata share proceeds of such Borrowing, conversion or continuation should be directed. If a Borrower Party fails to give a timely notice requesting a continuation of a Term SOFR Loan, then the date on which applicable Loan shall be continued as a Term SOFR Loan with an Interest Period of one month, and such continuation shall be effective as of the Borrowing is to be made, the interest option selected and, if applicable, last day of the Interest Period selectedthen in effect with respect to the applicable Term SOFR Loan. If a Borrower Party fails to specify an Interest Period with respect to a Term SOFR Loan, it will be deemed to have specified an Interest Period of one month.

Appears in 1 contract

Samples: Revolving Credit Agreement (TCW Direct Lending LLC)

Request for Borrowing. Each request by Borrowers to Agent for a Borrowing under Section 2.01 hereof (a "Request for Borrowing") shall be in writing and specify the aggregate amount of such requested Borrowingmade upon Borrower’s irrevocable notice to Lender, the requested date of such Borrowing, and, when the Request for Borrowing specifies a Eurodollar Borrowing, the Interest Period which notice shall be applicable thereto; providedsubstantially in the form of Exhibit 2.3(a) attached hereto (each, howevera “Notice of Advance”), that the aggregate number of unpaid Eurodollar Borrowings shall which may also be given by telephone. Each such notice must be received by Lender not exceed five later than 2:00 p.m. (5New York City time) at any time. Borrowers shall furnish to Agent the Request for Borrowing by at least 11:00 a.m. least: (Fort Worth timei) three (3) Eurodollar Business Days prior to the requested Eurodollar date of any Borrowing date of LIBOR Advances; and (which must be a Eurodollar Business Day) and by at least 11:00 a.m. (Fort Worth timeii) on the same Business Day of the requested borrowing date (which of any Borrowing of Prime Rate Advances. Each telephonic notice by Borrower pursuant to this Section 2.3(a) must be confirmed promptly by delivery to Lender of a written Notice of Advance, appropriately completed. With respect to a maturing LIBOR Advance, Borrower shall give Lender, prior to 2:00 p.m. (New York City time), at least three (3) Business Day) for Days prior to the expiration of each Interest Period, written or telephonic notice of a Floating Base rate election in the form of a Notice of Continuation or Notice of Conversion, which shall be irrevocable, and shall specify which portion of a Loan shall be an Prime Rate Advance or a LIBOR Advance. Any Request for Borrowing shall: (i) , as the case may be, subject to the requirements set forth herein, together with, in the case of a Floating Base BorrowingLIBOR Advance, be the particular Interest Period in respect thereof. If Borrower fails to give a Notice of Continuation or Notice of Conversion when required, that portion of any LIBOR Advance for which no Notice of Continuation or Notice of Conversion was given shall continue to bear interest, from and after the expiry date of the then current Interest Period as a LIBOR Advance in the form attached hereto manner required hereunder, and with an Interest Period of the same duration as EXHIBIT "C," and (ii) in the then prevailing one, until such time as Borrower shall give Lender a timely Notice of Continuation or Notice of Conversion therefor. Each Notice of Advance, Notice of Continuation or Notice of Conversion, as the case of a Eurodollar Borrowingmay be, be in the form attached hereto as EXHIBIT "D." Each Floating Base Borrowing submitted by Borrower shall be in an aggregate principal amount of five hundred thousand dollars ($500,000.00) or any higher integral multiple of one hundred thousand dollars ($100,000.00). Each Eurodollar Borrowing shall be in an amount of at least one million dollars ($1,000,000.00) or any higher integral multiple of $1,000,000.00. Prior deemed to making a Request for Borrowing, Borrowers may (without specifying whether the anticipated Borrowing shall be a Floating Base Borrowing or Eurodollar Borrowing) request representation and warranty that Agent provide Borrowers with the most recent Interbank Offered Rate available to Agent. Agent shall endeavor to provide such quoted rates to Borrowers conditions specified in Sections 6 hereof have been satisfied on and as of the date of such request. Each Request for the applicable Borrowing shall be irrevocable and binding on Borrowers and, in respect of the Borrowing specified in such Request for Borrowing, Borrowers shall indemnify each Bank against any cost, loss or expense incurred by such Bank as a result of any failure to fulfill, on or before the date specified for such Borrowing, the conditions to such Advance set forth herein, including without limitation, any cost, loss or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by any Bank to fund the Advance to be made by such Bank as part of such Borrowing when such Advance, as a result of such failure, is not made on such date. After receiving a Request for Borrowing in the manner provided herein, Agent shall promptly notify each Bank by telephone (confirmed immediately by telecopy, telex or cable), telecopy, telex or cable of the amount of the Borrowing and such Bank's pro rata share of such Borrowing, the date on which the Borrowing is to be made, the interest option selected and, if applicable, the Interest Period selectedrate election.

Appears in 1 contract

Samples: Revolving Loan Agreement (Universal Insurance Holdings, Inc.)

Request for Borrowing. Each request The applicable Borrower shall give the Administrative Agent notice at the Agency Services Address of the date of each requested Borrowing hereunder, which notice may be by Borrowers to Agent for a Borrowing under Section 2.01 hereof telephone, if confirmed in writing, facsimile, electronic mail, or other written communication (a "Request for Borrowing"”), substantially in the form of Exhibit E hereto, and which notice shall be effective upon receipt by the Administrative Agent. Each Request for Borrowing: (i) shall be furnished to the Administrative Agent no later than (A) 10:00 a.m. the same Business Day of a Borrowing that shall be a Reference Rate Loan denominated in writing and specify the aggregate amount of such requested BorrowingDollars, (B) 11:00 at least one (1) Business Day prior to the requested date of such Borrowinga Borrowing to be denominated in Dollars (other than a Reference Rate Loan), and, when the Request for Borrowing specifies a Eurodollar Borrowing, the Interest Period which shall be applicable thereto; provided, however, that the aggregate number of unpaid Eurodollar Borrowings shall not exceed five (5C) at any time. Borrowers shall furnish to Agent the Request for Borrowing by 11:00 a.m. at least 11:00 a.m. (Fort Worth time) three (3) Eurodollar Business Days prior to the requested Eurodollar date of a Borrowing of Eurocurrency Rate Loans; and (D) at least five (5) Business Days prior to the requested date of any Borrowing of an RFR Loan; and (ii) must specify: (A) the requested date of Borrowing (which must be a Eurodollar Business Day) and by at least 11:00 a.m. (Fort Worth time) on the requested borrowing date (which must shall be a Business Day); (B) the amount and Currency of such Borrowing; (B) the Type of Loans to be borrowed; (C) if applicable, the duration of the Interest Period; (D) which account the proceeds of Borrowing should be directed; and (E) confirmation that such Borrowing will be secured (either directly or indirectly) by a first priority, exclusive security interest and Xxxx (subject to Permitted Liens), granted to the Administrative Agent, for the benefit of the Secured Parties, in and on the Unfunded Feeder Commitments and the other applicable Collateral as provided in Section 5.1 hereof. For the avoidance of doubt, with respect to any Borrowing that is subject to three (3) Business Days’ prior notice, if a Floating Base AdvanceRequest for Borrowing is submitted by 11:00 p.m. on a Monday, the Borrowing shall be made on the immediately following Thursday in accordance with Section 2.8 hereof, provided that each of Monday, Tuesday, Wednesday and Thursday of that week are Business Days. If multiple Borrowers request a Borrowing on the same date, then a separate Request for Borrowing shall be submitted by USActive 58236919.3 -42- each applicable Borrower. Any Request for Borrowing shall: (i) in received by the case of a Floating Base Borrowing, be in the form attached hereto as EXHIBIT "C," and (ii) in the case of a Eurodollar Borrowing, be in the form attached hereto as EXHIBIT "D." Each Floating Base Borrowing Administrative Agent after 2:00 p.m. shall be in an aggregate principal amount of five hundred thousand dollars ($500,000.00deemed to have been given by the applicable Borrower(s) or any higher integral multiple of one hundred thousand dollars ($100,000.00). Each Eurodollar Borrowing shall be in an amount of at least one million dollars ($1,000,000.00) or any higher integral multiple of $1,000,000.00. Prior to making a Request for Borrowing, Borrowers may (without specifying whether the anticipated Borrowing shall be a Floating Base Borrowing or Eurodollar Borrowing) request that Agent provide Borrowers with the most recent Interbank Offered Rate available to Agent. Agent shall endeavor to provide such quoted rates to Borrowers on the date of such requestnext succeeding Business Day. Each Request for Borrowing submitted by a Borrower shall be irrevocable deemed to constitute a representation and binding on Borrowers and, in respect of warranty by the Borrowing specified in applicable Borrower providing such Request for BorrowingBorrowing (and, Borrowers additionally, it is agreed by each other Borrower that is shall indemnify also be deemed to constitute a representation and warranty by each Bank against any costsuch Borrower as to itself) that the conditions specified in Sections 6.1 (with respect to the initial advance under this Credit Agreement), loss or expense incurred by such Bank 6.2 and 6.3 (with respect to the initial advance under this Credit Agreement to a Qualified Borrower) have been satisfied on and as a result of any failure to fulfill, on or before the date specified for such Borrowing, the conditions to such Advance set forth herein, including without limitation, any cost, loss or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by any Bank to fund the Advance to be made by such Bank as part of such Borrowing when such Advance, as a result of such failure, is not made on such dateapplicable Borrowing. After receiving a No Request for Borrowing in shall be valid hereunder for any purpose unless it shall have been accompanied or preceded by the manner provided herein, Agent shall promptly notify each Bank by telephone (confirmed immediately by telecopy, telex or cable), telecopy, telex or cable of the amount of the Borrowing information and such Bank's pro rata share of such Borrowing, the date on which the Borrowing is other documents required to be made, the interest option selected and, if applicable, the Interest Period selecteddelivered in accordance with this Section.

Appears in 1 contract

Samples: Revolving Credit Agreement (T Series Middle Market Loan Fund LLC)

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