Common use of Requests for Borrowing Clause in Contracts

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 11:00 a.m. (i) on the requested date of any Borrowing of Base Rate Loans or Swingline Loans and (ii) at least three (3) Business Days before the requested date of any Borrowing of LIBOR Rate Loans, of its intention to borrow, specifying (A) the date of such Borrowing, which shall be a Business Day, (B) the amount of such Borrowing, which shall be, (x) with respect to a Borrowing of Base Rate Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (y) with respect to a Borrowing of LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans in an aggregate principal amount of $25,000 or a whole multiple of $10,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) the Type of Loans to be borrowed (provided that all Swingline Loans shall be Base Rate Loans), and (E) in the case of a Borrowing of LIBOR Rate Loans, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing. Notwithstanding the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth herein.

Appears in 3 contracts

Samples: Credit Agreement (MGP Ingredients Inc), Credit Agreement (MGP Ingredients Inc), Credit Agreement (MGP Ingredients Inc)

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Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 11:00 a.m. 12:00 p.m. (i) on the requested date of any Borrowing of same Business Day as each Base Rate Loans or Loan and each Swingline Loans Loan, and (ii) at least three (3) Business Days before the requested date of any Borrowing of each LIBOR Rate LoansLoan, of its intention to borrow, specifying (A) the date of such Borrowingborrowing, which shall be a Business Day, (B) the amount of such Borrowingborrowing, which shall be, (x) with respect to a Borrowing of Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (y) with respect to a Borrowing of LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans in an aggregate principal amount of $25,000 or a whole multiple of $10,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the Type case of a Revolving Credit Loan whether the Loans are to be borrowed (provided that all Swingline LIBOR Rate Loans shall be or Base Rate Loans), and (E) in the case of a Borrowing of LIBOR Rate LoansLoan, the duration of the Interest Period applicable thereto; provided that if the Borrower wishes to request LIBOR Rate Loans having an Interest Period of twelve months in duration, such notice must be received by the Administrative Agent not later than 12:00 p.m. four Business Days prior to the requested date of such borrowing, whereupon the Administrative Agent shall give prompt notice to the Revolving Credit Lenders of such request and determine whether the requested Interest Period is acceptable to all of them. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 11:00 a.m. 12:00 p.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing. Notwithstanding the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth herein.

Appears in 3 contracts

Samples: Credit Agreement (SYNAPTICS Inc), Credit Agreement (SYNAPTICS Inc), Credit Agreement (Synaptics Inc)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B C (a “Notice of Borrowing”) not later than 11:00 10:00 a.m. (i) on the requested date of any Borrowing of same Business Day as each Base Rate Loans or Swingline Loans Loan and (ii) at least three (3) Business Days before the requested date of any Borrowing of each LIBOR Rate LoansLoan, of its intention to borrow, specifying (A) the date of such Borrowingborrowing, which shall be a Business Day, (B) the amount of such Borrowingborrowing, which shall be, (xy) with respect to a Borrowing of Base Rate Loans in an aggregate principal amount of $500,000 1,000,000 or a whole multiple of $100,000 1,000,000 in excess thereof, thereof and (yz) with respect to a Borrowing of LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans in an aggregate principal amount of $25,000 or a whole multiple of $10,000 1,000,000 in excess thereof, (C) whether such Loan is the Loans are to be a Revolving Credit Loan LIBOR Rate Loans or Swingline Loan, (D) the Type of Loans to be borrowed (provided that all Swingline Loans shall be Base Rate Loans), and (ED) in the case of a Borrowing of LIBOR Rate LoansLoan, the duration of the Interest Period applicable thereto. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 11:00 10:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing. Notwithstanding the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth herein.

Appears in 3 contracts

Samples: Credit Agreement (Cirrus Logic Inc), Credit Agreement (Cirrus Logic Inc), Credit Agreement (Cirrus Logic Inc)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form of attached hereto as Exhibit B (a “Notice of Borrowing”) not later than 11:00 a.m. 2:00 p.m. (i) on the requested date of any Borrowing of same Business Day as each Base Rate Loans or Loan and each Swingline Loans Loan and (ii) at least three (3) Business Days before the requested date of any Borrowing of each LIBOR Rate LoansLoan, of its intention to borrow, specifying (A) the date of such Borrowingborrowing, which shall be a Business Day, (B) the amount of such Borrowingborrowing, which shall be, be (x) with respect to a Borrowing of Base Rate Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (yother than Swingline Loans) with respect to a Borrowing of LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans in an aggregate principal amount of $25,000 100,000 or a whole multiple of $10,000 100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the Type case of a Revolving Credit Loan whether the Loans are to be borrowed (provided that all Swingline LIBOR Rate Loans shall be or Base Rate Loans), and (E) in the case of a Borrowing of LIBOR Rate LoansLoan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. 2:00 p.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing. Notwithstanding anything to the foregoingcontrary contained in this Agreement, Swingline Borrowings no Revolving Credit Loans may be made as LIBOR Rate Loans prior to the date that is three (3) Business Days after the Closing Date unless, at least three (3) Business Days prior to the proposed borrowing date of any proposed Revolving Credit Loans, the Borrower has delivered to the Administrative Agent a letter in form and repaid pursuant substance reasonably satisfactory to terms otherwise the Administrative Agent indemnifying the Lenders in the manner set forth in any applicable Treasury Management Section 5.9 of this Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth hereinand a Notice of Borrowing with respect thereto.

Appears in 3 contracts

Samples: Third Amendment (Jack in the Box Inc /New/), Credit Agreement (Jack in the Box Inc /New/), Credit Agreement (Jack in the Box Inc /New/)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit attached hereto as EXHIBIT B (a “Notice of Borrowing”"NOTICE OF BORROWING") not later than 11:00 a.m. (Charlotte time) (i) on the requested date of any Borrowing of same Business Day as each Base Rate Loans or Loan and each Swingline Loans Loan and (ii) at least three (3) Business Days before the requested date of any Borrowing of each LIBOR Rate LoansLoan, of its intention to borrow, specifying (A) the date of such Borrowingborrowing, which shall be a Business Day, (B) the amount of such Borrowingborrowing, which shall be, be (x) with respect to a Borrowing of LIBOR Rate Loans and Base Rate Loans, in an aggregate principal amount of $3,000,000 or a whole multiple of $500,000 in excess thereof, and (y) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (y) with respect to a Borrowing of LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans in an aggregate principal amount of $25,000 or a whole multiple of $10,000 250,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan, Swingline Loan, Liquidity Loan or Swingline Acquisition Loan, (D) in the Type case of a Revolving Credit Loan, Liquidity Loan or Acquisition Loan whether the Loans are to be borrowed (provided that all Swingline LIBOR Rate Loans shall be or Base Rate Loans), and (E) in the case of a Borrowing of LIBOR Rate LoansLoan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. (Charlotte time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing. Notwithstanding the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth herein.

Appears in 2 contracts

Samples: Credit Agreement (Suburban Propane Partners Lp), Credit Agreement (Suburban Propane Partners Lp)

Requests for Borrowing. The Borrower Agent shall give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 11:00 a.m. (i) on the requested date of any Borrowing of same Business Day as each Base Rate Loans or Loan and each Swingline Loans Loan and (ii) at least three (3) Business Days before the requested date of any Borrowing of each LIBOR Rate LoansLoan, of its intention to borrow, specifying (A) the date of such Borrowingborrowing, which shall be a Business Day, (B) the amount of such Borrowingborrowing, which shall be, be (x1) with respect to a Borrowing of Base Rate Loans (other than Swingline Loans), in an aggregate principal amount of $500,000 1,000,000 or a whole multiple of $100,000 500,000 in excess thereof, provided that any borrowing of Base Rate Loans may be in an aggregate amount that is equal to the entire unused balance of the Revolving Credit Commitment or that is required to finance the amount of a reimbursement obligation under a Letter of Credit, (y2) with respect to a Borrowing of LIBOR Rate Loans Loans, in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z3) with respect to a Borrowing of Swingline Loans Loans, in an aggregate principal amount of $25,000 500,000 or a whole multiple of $10,000 100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the Type case of Loans a Revolving Credit Loan, whether such Loan is to be borrowed (provided that all Swingline Loans shall be a LIBOR Rate Loan or a Base Rate Loans)Loan, and (E) in the case of a Borrowing of LIBOR Rate LoansLoan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing. Notwithstanding the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth herein.

Appears in 2 contracts

Samples: Credit Agreement (Alon Brands, Inc.), Credit Agreement (Alon USA Energy, Inc.)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 11:00 a.m. 12:00 noon (i) on the requested date of any Borrowing of same Business Day as each Base Rate Loans or Loan and each Swingline Loans Loan and (ii) at least three (3) Business Days before the requested date of any Borrowing of each LIBOR Rate LoansLoan, of its intention to borrow, specifying (A) the date of such Borrowingborrowing, which shall be a Business Day, (B) the amount of such Borrowingborrowing, which shall be, be (x) with respect to a Borrowing of Base Rate Loans (other than Swingline Loans), in an aggregate principal amount of $500,000 2,000,000 or a whole multiple of $100,000 1,000,000 in excess thereof, provided that any borrowing of Base Rate Loans may be in an aggregate amount that is equal to the entire unused balance of the Revolving Credit Commitment or that is required to finance the amount of a Reimbursement Obligation under a Letter of Credit, (y) with respect to a Borrowing of LIBOR Rate Loans Loans, in an aggregate principal amount of $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans Loans, in an aggregate principal amount of $25,000 250,000 or a whole multiple of $10,000 100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the Type case of Loans a Revolving Credit Loan, whether such Loan is to be borrowed (provided that all Swingline Loans shall be a LIBOR Rate Loan or a Base Rate Loans)Loan, and (E) in the case of a Borrowing of LIBOR Rate LoansLoan, the duration of the Interest Period applicable thereto. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 11:00 a.m. 12:00 noon shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing. Notwithstanding the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth herein.

Appears in 2 contracts

Samples: Credit Agreement (Fossil Group, Inc.), Credit Agreement (Fossil Inc)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice (it being understood and agreed that such notice may state that the Borrowing is conditioned upon the effectiveness of other credit facilities, acquisitions, dispositions or other transactions, in which case, such notice may be revoked or modified by Borrower (by notice to Administrative Agent on or prior to the specified borrowing date) if such condition is not satisfied) substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 11:00 a.m. 12:00 p.m. (i) on the requested date of any Borrowing of same Business Day as each Base Rate Loans or Loan and each Swingline Loans Loan, and (ii) at least three (3) Business Days before the requested date of any Borrowing of each LIBOR Rate LoansLoan, of its intention to borrow, specifying (A) the date of such Borrowingborrowing, which shall be a Business Day, (B) the amount of such Borrowingborrowing, which shall be, (x) with respect to a Borrowing of Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (y) with respect to a Borrowing of LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans in an aggregate principal amount of $25,000 or a whole multiple of $10,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the Type case of a Revolving Credit Loan whether the Loans are to be borrowed (provided that all Swingline LIBOR Rate Loans shall be or Base Rate Loans), and (E) in the case of a Borrowing of LIBOR Rate LoansLoan, the duration of the Interest Period applicable thereto; provided that if the Borrower wishes to request LIBOR Rate Loans having an Interest Period of twelve months in duration, such notice must be received by the Administrative Agent not later than 12:00 p.m. four Business Days prior to the requested date of such borrowing, whereupon the Administrative Agent shall give prompt notice to the Revolving Credit Lenders of such request and determine whether the requested Interest Period is acceptable to all of them. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 11:00 a.m. 12:00 p.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing. Notwithstanding the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth herein.

Appears in 2 contracts

Samples: First Amendment and Lender Joinder Agreement (SYNAPTICS Inc), Credit Agreement (SYNAPTICS Inc)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B 2.03(a) (a “Notice of Borrowing”) not later than 11:00 a.m. (i) on the requested date of any Borrowing of same Business Day as each Base Rate Loans or Loan and each Swingline Loans Loan and (ii) at least three (3) Business Days before the requested date of any Borrowing of each LIBOR Rate LoansLoan, of its intention to borrow, specifying (A) the date of such Borrowingborrowing, which shall be a Business Day, (B) the amount of such Borrowingborrowing, which shall be, (x) with respect to a Borrowing of Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof (or, if less, the remaining available amount of the Revolving Credit Commitment), (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof (or, if less, the remaining available amount of the Revolving Credit Commitment) and (z) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereofthereof (or, (y) with respect to a Borrowing of LIBOR Rate Loans in an aggregate principal if less, the remaining available amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to a Borrowing of the Swingline Loans in an aggregate principal amount of $25,000 or a whole multiple of $10,000 in excess thereofCommitment), (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the Type case of Loans a Revolving Credit Loan whether such Loan is to be borrowed (provided that all Swingline Loans shall be a LIBOR Rate Loan or a Base Rate Loans)Loan, and (E) in the case of a Borrowing of LIBOR Rate LoansLoan, the duration of the Interest Period applicable thereto. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing. Notwithstanding the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth herein.

Appears in 2 contracts

Samples: Credit Agreement (Salesforce Com Inc), Credit Agreement (Salesforce Com Inc)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 11:00 a.m. 12:00 p.m. (i) on the requested date of any Borrowing of same Business Day as each Base Rate Loans or Loan and each Swingline Loans Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan (or, in the requested date case of any Borrowing of LIBOR Rate LoansLoans to be borrowed on the Closing Date, such shorter period of time as may be agreed to by the Administrative Agent and the Lenders), of its intention to borrow, specifying (A) the date of such Borrowingborrowing, which shall be a Business Day, (B) the amount of such Borrowingborrowing, which shall be, (x) with respect to a Borrowing of Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (y) with respect to a Borrowing of LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans in an aggregate principal amount of $25,000 or a whole multiple of $10,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the Type case of a Revolving Credit Loan whether the Loans are to be borrowed (provided that all Swingline LIBOR Rate Loans shall be or Base Rate Loans), and (E) in the case of a Borrowing of LIBOR Rate LoansLoan, the duration of the Interest Period applicable thereto. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 11:00 a.m. 12:00 p.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing. Notwithstanding the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth herein.

Appears in 2 contracts

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

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 11:00 a.m. (i) on the requested date of any Borrowing of same Business Day as each Base Rate Loans or Loan, each LIBOR Market Index Rate Loan and each Swingline Loans Loan (other than Cash Management Swingline Loans) and (ii) at least three (3) Business Days before the requested date of any Borrowing of each LIBOR Rate LoansLoan, of its intention to borrow, specifying (A) the date of such Borrowingborrowing, which shall be a Business Day, (B) the amount of such Borrowingborrowing, which shall be, (x) with respect to a Borrowing of Base Rate Loans and LIBOR Market Index Rate Loans (other than Swingline Loans) in an aggregate principal amount of $500,000 or a whole multiple of $100,000 500,000 in excess thereof, (y) with respect to a Borrowing of LIBOR Rate Loans in an aggregate principal amount of $1,000,000 500,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans (other than Cash Management Swingline Loans) in an aggregate principal amount of $25,000 500,000 or a whole multiple of $10,000 100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the Type case of a Revolving Credit Loan whether the Loans are to be borrowed (provided that all Swingline LIBOR Rate Loans, LIBOR Market Index Rate Loans shall be or Base Rate Loans), and (E) in the case of a Borrowing of LIBOR Rate LoansLoan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing. Notwithstanding the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth herein.

Appears in 2 contracts

Samples: Credit Agreement (Merit Medical Systems Inc), Credit Agreement (Merit Medical Systems Inc)

Requests for Borrowing. The To request a Revolving Loan or a Swingline Loan on behalf of a Borrower, the Administrative Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B F hereof (a “Notice of Borrowing”) not later than 11:00 a.m. (i) on the requested date of any Borrowing of same Business Day as each Base Rate Loans or Loan and each Swingline Loans Loan and (ii) at least three (3) Business Days before the requested date of any Borrowing of LIBOR each Eurodollar Rate LoansLoan, of its intention to borrow, specifying (A) the date of such Borrowingborrowing, which shall be a Business Day, (B) the amount of such Borrowingborrowing, which shall be, (x) with respect to a Borrowing of Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $500,000 2,000,000 or a whole multiple of $100,000 500,000 in excess thereof, (y) with respect to a Borrowing of LIBOR Eurodollar Rate Loans in an aggregate principal amount of $1,000,000 2,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans in an aggregate principal amount of $25,000 100,000 or a whole multiple of $10,000 25,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the Type case of a Revolving Loan, whether the Loans are to be borrowed (provided that all Swingline Eurodollar Rate Loans shall be or Base Rate Loans), and (E) in the case of a Borrowing of LIBOR Eurodollar Rate LoansLoan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. shall be deemed received on the next Business Day. Any Loan or any portion thereof as to which the Administrative Borrower has not duly specified an interest rate as provided herein shall be deemed a Base Rate Loan in the case of a Revolving Loan, and any Eurodollar Rate Loan for which the Administrative Borrower fails to specify an Interest Period shall be deemed to have an Interest Period of one (1) month. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing. Notwithstanding the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth herein.

Appears in 2 contracts

Samples: Loan and Security Agreement (Mohawk Industries Inc), Loan and Security Agreement (Mohawk Industries Inc)

Requests for Borrowing. The Borrower Agent, on behalf of itself or the Cayman Borrower, shall give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 11:00 a.m. (i) on the requested date of any Borrowing of same Business Day as each Base Rate Loans or Loan and each Swingline Loans Loan and (ii) at least three (3) Business Days before the requested date of any Borrowing of each LIBOR Rate LoansLoan, of its intention to borrow, specifying (A) the date of such Borrowingborrowing, which shall be a Business Day, (B) the amount of such Borrowingborrowing, which shall be, (x) with respect to a Borrowing of Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (y) with respect to a Borrowing of LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans in an aggregate principal amount of $25,000 or a whole multiple of $10,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the Type case of a Revolving Credit Loan whether the Loans are to be borrowed (provided that all Swingline LIBOR Rate Loans shall be or Base Rate Loans), (E) whether such Loan will be made to the Parent Borrower or the Cayman Borrower and (EF) in the case of a Borrowing of LIBOR Rate LoansLoan, the duration of the Interest Period applicable thereto. If the Borrower Agent fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower Agent requests a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing. Notwithstanding the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth herein.

Appears in 2 contracts

Samples: Credit Agreement (Ubiquiti Networks, Inc.), Credit Agreement (Ubiquiti Networks, Inc.)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 11:00 a.m. noon (i) on the requested date of any Borrowing of same Business Day as each Swingline Loan, (ii) at least one (1) Business Day before each Base Rate Loans or Loan (other than a Swingline Loans Loan), and (iiiii) at least three (3) Business Days before the requested date of any Borrowing of each LIBOR Rate LoansLoan, of its intention to borrow, specifying (A) the date of such Borrowingborrowing, which shall be a Business Day, (B) the amount of such Borrowingborrowing, which shall be, (x) with respect to a Borrowing of Base Rate Loans (other than Swingline Loans), must be in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof (provided, that any Base Rate Loan may be in an amount that is equal to the entire unused balance of the total Commitments or that is required to finance the amount of the reimbursement of a drawing under a Letter of Credit as contemplated by Section 3.5), (y) with respect to LIBOR Rate Loans, must be in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (y) with respect to a Borrowing of LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans Loans, may be in an aggregate principal amount of $25,000 or a whole multiple of $10,000 in excess thereofany amount, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the Type case of a Revolving Credit Loan whether the Loans are to be borrowed (provided that all Swingline LIBOR Rate Loans shall be or Base Rate Loans), and (E) in the case of a Borrowing of LIBOR Rate LoansLoan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. noon shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing. Notwithstanding the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth herein.

Appears in 2 contracts

Samples: Credit Agreement (Supreme Industries Inc), Credit Agreement (Supreme Industries Inc)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 11:00 a.m. 2:00 p.m. (i) on the requested date of any Borrowing of same Business Day as each Base Rate Loans Loan or Swingline Loans Loan and (ii) at least three (3) Business Days before the requested date of any Borrowing of each LIBOR Rate LoansLoan, of its intention to borrow, specifying (A) the date of such Borrowingborrowing, which shall be a Business Day, (B) the amount of such Borrowingborrowing, which shall be, (x) with respect to a Borrowing of Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $500,000 100,000 or a whole multiple of $100,000 in excess thereof, (y) with respect to a Borrowing of LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 100,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans in an aggregate principal amount of $25,000 100,000 or a whole multiple of $10,000 100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the Type case of a Revolving Credit Loan whether the Loans are to be borrowed (provided that all Swingline LIBOR Rate Loans shall be or Base Rate Loans), and (E) in the case of a Borrowing of LIBOR Rate LoansLoan, the duration of the Interest Period applicable thereto. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 11:00 a.m. 2:00 p.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing. Notwithstanding the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth herein.

Appears in 2 contracts

Samples: Credit Agreement (Patrick Industries Inc), Credit Agreement (Patrick Industries Inc)

Requests for Borrowing. The Borrower With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers shall give the Administrative Agent irrevocable prior written notice substantially in the form of attached hereto as Exhibit B (a “Notice of Borrowing”) not later than 11:00 a.m. (Eastern time) (i) on the requested date of any Borrowing of same Business Day as each Base Rate Loans or Loan and each Swingline Loans Loan and (ii) at least three (3) Business Days before the requested date of any Borrowing of each LIBOR Rate LoansLoan, of its intention to borrow, specifying (A) the date of such Borrowingborrowing, which shall be a Business Day, (B) the amount of such Borrowingborrowing, which shall be, (x) with respect to a Borrowing of Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $500,000 1,000,000 or a whole multiple of $100,000 500,000 in excess thereof, (y) with respect to a Borrowing of LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans (other than Swingline Loans deemed requested pursuant to the Swingline Side Letter) in an aggregate principal amount of $25,000 100,000 or a whole multiple of $10,000 100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the Type case of a Revolving Credit Loan whether the Loans are to be borrowed (provided that all Swingline LIBOR Rate Loans shall be or Base Rate Loans), and (E) in the case of a Borrowing of LIBOR Rate LoansLoan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. (Eastern time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing. Notwithstanding the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth herein.

Appears in 2 contracts

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

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form of attached hereto as Exhibit B (a "Notice of Borrowing") not later than 11:00 a.m. 2:00 p.m. (Charlotte time) (i) on the requested date of any Borrowing of same Business Day as each Base Rate Loans or Loan and each Swingline Loans Loan and (ii) at least three (3) Business Days before the requested date of any Borrowing of each LIBOR Rate LoansLoan, of its intention to borrow, specifying (A) the date of such Borrowingborrowing, which shall be a Business Day, (B) the amount of such Borrowingborrowing, which shall be, be (x) with respect to a Borrowing of Base Rate Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (yother than Swingline Loans) with respect to a Borrowing of LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans in an aggregate principal amount of $25,000 100,000 or a whole multiple of $10,000 100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the Type case of a Revolving Credit Loan whether the Loans are to be borrowed (provided that all Swingline LIBOR Rate Loans shall be or Base Rate Loans), and (E) in the case of a Borrowing of LIBOR Rate LoansLoan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. 2:00 p.m. (Charlotte time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing. Notwithstanding the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth herein.

Appears in 2 contracts

Samples: Credit Agreement (Jack in the Box Inc /New/), Credit Agreement (Jack in the Box Inc /New/)

Requests for Borrowing. The Administrative Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 11:00 a.m. (i) on the requested date of any Borrowing of same Business Day as each Base Rate Loans or Loan and each (Credit Agreement) Swingline Loans Loan and (ii) at least three (3) Business Days before the requested date of any Borrowing of each LIBOR Rate LoansLoan, of its intention to borrow, specifying (A) the date of such Borrowingborrowing, which shall be a Business Day, (B) the amount of such Borrowingborrowing, which shall be, (x) with respect to a Borrowing of Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $500,000 50,000 or a whole multiple of $100,000 10,000 in excess thereof, (y) with respect to a Borrowing of LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans in an aggregate principal amount of $25,000 50,000 or a whole multiple of $10,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the Type case of a Revolving Credit Loan whether the Loans are to be borrowed (provided that all Swingline LIBOR Rate Loans shall be or Base Rate Loans), and (E) in the case of a Borrowing of LIBOR Rate LoansLoan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing. Notwithstanding the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth herein.

Appears in 2 contracts

Samples: Credit Agreement (Broadview Networks Holdings Inc), Credit Agreement (Broadview Networks Holdings Inc)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B or such other form as may be reasonably approved by the Administrative Agent (including any form on an electronic platform or electronic transmission system as shall be approved by the Administrative Agent), appropriately completed and signed by a Responsible Officer of the Borrower (a “Notice of Borrowing”) ), not later than 11:00 a.m. 12:00 noon (i) on the requested date of any Borrowing of same Business Day as each Base Rate Loans or Loan and each Swingline Loans Loan and (ii) at least three (3) Business Days before the requested date of any Borrowing of each LIBOR Rate LoansLoan, of its intention to borrow, specifying (A) the date of such Borrowingborrowing, which shall be a Business Day, (B) the amount of such Borrowingborrowing, which shall be, (x) with respect to a Borrowing of Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $500,000 2,000,000 or a whole multiple of $100,000 1,000,000 in excess thereof, (y) with respect to a Borrowing of LIBOR Rate Loans in an aggregate principal amount of $1,000,000 3,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans in an aggregate principal amount whole multiples of $25,000 or a whole multiple of $10,000 in excess thereof100,000, (C) whether such Loan is Loans are to be a Revolving Credit Loan Loans or Swingline LoanLoans, (D) in the Type case of Revolving Credit Loans whether the Loans are to be borrowed (provided that all Swingline LIBOR Rate Loans shall be or Base Rate Loans), and (E) in the case of a Borrowing of LIBOR Rate Loans, the duration of the Interest Period applicable theretothereto (provided that any Revolving Credit Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date shall be made as Base Rate Loans unless the Borrower has delivered to the Administrative Agent a funding indemnity letter in form and substance reasonably satisfactory to the Administrative Agent not less than three (3) Business Days prior to the date of such Revolving Credit Loans); provided that, notwithstanding the foregoing, the Borrower may provide such notice to the Administrative Agent by telephone; provided that any telephonic notice must be confirmed promptly thereafter by delivery to the Administrative Agent of a Notice of Borrowing. A Notice of Borrowing received after 11:00 a.m. 12:00 noon shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing. Notwithstanding the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth herein.

Appears in 2 contracts

Samples: Credit Agreement (CoreCivic, Inc.), Credit Agreement (Corrections Corp of America)

Requests for Borrowing. The To request a borrowing of a Revolving Credit Loan or a Swingline Loan, the Borrower shall give notify the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) such request by telephone not later than 11:00 a.m. (or, in respect of a Swingline Loan, 2:00 p.m.) (i) on the requested date of any Borrowing of same Business Day as each Base Rate Loans or Loan and each Swingline Loans Loan and (ii) at least three (3) Business Days before the requested date of any Borrowing of each LIBOR Rate Loans, Loan. Each such telephonic Notice of its intention Borrowing shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to borrow, the Administrative Agent of a written Notice of Borrowing specifying (A) the date of such Borrowingborrowing, which shall be a Business Day, (B) the principal amount of such Borrowingborrowing, which shall be, (x) with respect to a Borrowing of Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (y) with respect to a Borrowing of LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans in an aggregate principal amount of $25,000 or a whole multiple of $10,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the Type case of a Revolving Credit Loan, whether the Loans are to be borrowed (provided that all Swingline LIBOR Rate Loans shall be or Base Rate Loans), and (E) in the case of a Borrowing of LIBOR Rate LoansLoan, the duration of the Interest Period applicable thereto. A Promptly following receipt of a telephonic or written Notice of Borrowing received after 11:00 a.m. shall be deemed received on in accordance with this Section, the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each the details of such Notice of Borrowing. Notwithstanding the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth herein.

Appears in 2 contracts

Samples: Credit Agreement (CST Brands, Inc.), Credit Agreement (CST Brands, Inc.)

Requests for Borrowing. The Borrower With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers shall give the Administrative Agent irrevocable prior written notice substantially in the form of attached hereto as Exhibit B (a "Notice of Borrowing") not later than 11:00 a.m. (Eastern time) (i) on the requested date of any Borrowing of same Business Day as each Base Rate Loans or Loan and each Swingline Loans Loan and (ii) at least three (3) Business Days before the requested date of any Borrowing of each LIBOR Rate LoansLoan, of its intention to borrow, specifying (A) the date of such Borrowingborrowing, which shall be a Business Day, (B) the amount of such Borrowingborrowing, which shall be, (x) with respect to a Borrowing of Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $500,000 1,000,000 or a whole multiple of $100,000 500,000 in excess thereof, (y) with respect to a Borrowing of LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans (other than Swingline Loans deemed requested pursuant to the Swingline Side Letter) in an aggregate principal amount of $25,000 100,000 or a whole multiple of $10,000 100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the Type case of a Revolving Credit Loan whether the Loans are to be borrowed (provided that all Swingline LIBOR Rate Loans shall be or Base Rate Loans), and (E) in the case of a Borrowing of LIBOR Rate LoansLoan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. (Eastern time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing. Notwithstanding the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth herein.

Appears in 2 contracts

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

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 11:00 a.m. 12:00 noon (i) on the requested date of any Borrowing of same Business Day as each Base Rate Loans or Loan and each Swingline Loans Loan and (ii) at least three (3) Business Days before the requested date of any Borrowing of each LIBOR Rate LoansLoan, of its intention to borrow, specifying (A) the date of such Borrowingborrowing, which shall be a Business Day, (B) the amount of such Borrowingborrowing, which shall be, be (x) with respect to a Borrowing of Base Rate Loans (other than Swingline Loans), in an aggregate principal amount of $500,000 2,000,000 or a whole multiple of $100,000 1,000,000 in excess thereof, provided that any borrowing of Base Rate Loans may be in an aggregate amount that is equal to the entire unused balance of the Revolving Credit Commitment or that is required to finance the amount of a Reimbursement Obligation under a Letter of Credit, (y) with respect to a Borrowing of LIBOR Rate Loans Loans, in an aggregate principal amount of $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans Loans, in an aggregate principal amount of $25,000 250,000 or a whole multiple of $10,000 100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the Type case of Loans a Revolving Credit Loan, whether such Loan is to be borrowed (provided that all Swingline Loans shall be a LIBOR Rate Loan or a Base Rate Loans)Loan, and (E) in the case of a Borrowing of LIBOR Rate LoansLoan, the duration of the Interest Period applicable thereto. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 11:00 a.m. 12:00 noon shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing. Notwithstanding the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth herein.

Appears in 2 contracts

Samples: Credit Agreement (Fossil Group, Inc.), Credit Agreement (Fossil Group, Inc.)

Requests for Borrowing. The With the exception of Swingline Loans deemed requested pursuant to Section 2.2(b) hereof, the Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form of attached hereto as Exhibit B (a "Notice of Borrowing") not later than 11:00 a.m. (i) on the requested date of any Borrowing of same Business Day as each Base Rate Loans or Loan and Swingline Loans Loan requested under this Section 2.3(a) and (ii) at least three (3) Business Days before the requested date of any Borrowing of each LIBOR Rate LoansLoan, of its intention to borrow, specifying (A) the date of such Borrowingborrowing, which shall be a Business Day, (B) the amount of such Borrowingborrowing, which shall bebe in an amount equal to the amount of the Aggregate Commitment then available to the Borrower, or if less, (x) with respect to a Borrowing of Base Rate Loans (other than the Swingline Loans requested pursuant to this Section 2.3(a)) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to the Swingline Loans requested pursuant to this Section 2.3(a) in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (y) with respect to a Borrowing of LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans in an aggregate principal amount of $25,000 or a whole multiple of $10,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan, (D) in the Type case of a Revolving Credit Loan whether the Loans are to be borrowed (provided that all Swingline LIBOR Rate Loans shall be or Base Rate Loans), and (E) in the case of a Borrowing of LIBOR Rate LoansLoan, the duration of the LIBOR Interest Period applicable thereto. A Any Notice of Borrowing received after 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing. Notwithstanding the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth herein.

Appears in 1 contract

Samples: Credit Agreement (Performance Food Group Co)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form of attached hereto as Exhibit B B-1 (a “Notice of Revolving Credit/Swingline Borrowing”) not later than 11:00 a.m. (Charlotte time) (i) on the requested date of any Borrowing of same Business Day as each Base Rate Loans or Loan and each Swingline Loans Loan and (ii) at least three (3) Business Days before the requested date of any Borrowing of each LIBOR Rate LoansLoan, of its intention to borrow, specifying (A) the date of such Borrowingborrowing, which shall be a Business Day, (B) the amount of such Borrowingborrowing, which shall bebe in an amount equal to the amount of the Revolving Credit Commitment then available to the Borrower, or if less, (x) with respect to a Borrowing of Base Rate Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 50,000 in excess thereof, (y) with respect to a Borrowing of LIBOR Rate Loans in an aggregate principal amount of $1,000,000 3,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans in an aggregate principal amount of $25,000 100,000 or a whole multiple of $10,000 50,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan, (D) in the Type case of Loans a Revolving Credit Loan, whether such Loan is to be borrowed (provided that all Swingline Loans shall be a LIBOR Rate Loan or a Base Rate Loans), Loan and (E) in the case of a Borrowing of LIBOR Rate LoansLoan, the duration of the Interest Period applicable thereto; provided that Swingline Loans made pursuant to the SweepPlus Program shall be made pursuant to the terms and conditions thereof and shall be in a minimum amount of $1,000 or any increment thereof. A Notice of Borrowing Notices received after 11:00 a.m. (Charlotte time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Revolving Credit/Swingline Borrowing. Notwithstanding the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth herein.

Appears in 1 contract

Samples: Credit Agreement (Global Imaging Systems Inc)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially (or telephonic notice confirmed by written notice) in the form of attached hereto as Exhibit B C-1 (a "Notice of Revolving Credit Loan Borrowing") not later than 11:00 a.m. (Charlotte time) (i) on the requested date of any Borrowing of same Business Day as each Base Rate Loans or Swingline Loans Loan and (ii) at least three (3) Business Days before the requested date of any Borrowing of each LIBOR Rate LoansLoan, of its intention to borrow, specifying (A) the date of such Borrowingborrowing, which shall be a Business Day, (B) the amount of such Borrowingborrowing, which shall be, (x) be with respect to LIBOR Rate Loans in an aggregate principal amount of $250,000 or a Borrowing whole multiple of $100,000 in excess thereof and with respect to Base Rate Loans in an aggregate principal amount of $500,000 250,000 or a whole multiple of $100,000 in excess thereof, (yC) with respect whether the Revolving Credit Loans are to a Borrowing of be LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to a Borrowing of Swingline Base Rate Loans in an aggregate principal amount of $25,000 or a whole multiple of $10,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) the Type of Loans to be borrowed (provided that all Swingline LIBOR Rate Loans shall not be Base Rate Loans)available until three (3) Business Days after the Effective Date, and (ED) in the case of a Borrowing of LIBOR Rate LoansLoan, the duration of the Interest Period applicable thereto. A Notice of Borrowing Notices received after 11:00 a.m. (Charlotte time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Revolving Credit Loan Borrowing. Notwithstanding Any Notice of Revolving Credit Loan Borrowing delivered on the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth hereinEffective Date shall request only Base Rate Loans.

Appears in 1 contract

Samples: Credit Agreement (Northland Cable Properties Six LTD Partnership)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form of attached hereto as Exhibit B B-1 (a "Notice of Revolving Credit Borrowing") (i) not later than 12:00 noon (Charlotte time) on the Business Day on which each Swingline Loan is to be made, (ii) not later than 11:00 a.m. (iCharlotte time) on the requested date of any Borrowing of at least one (1) Business Day before each Revolving Credit Loan which is initially to be a Base Rate Loans or Swingline Loans Loan is to be made and (iiiii) not later than 11:00 a.m. (Charlotte time) at least three (3) Business Days before the requested date of any Borrowing of each Revolving Credit Loan which is initially to be a LIBOR Rate LoansLoan is to be made, of its intention to borrow, specifying (A) the date of such Borrowingborrowing, which shall be a Business Day, (B) the amount of such Borrowingborrowing, which shall bebe in an amount equal to the amount of the Aggregate Revolving Credit Commitment then available to the Borrower, or if less, (x) with respect to a Borrowing of Base Rate Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (y) with respect to a Borrowing of LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans in an aggregate principal principle amount of $25,000 500,000 or a whole multiple of $10,000 100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan, (D) in the Type case of a Revolving Credit Loan, whether the Loans are initially to be borrowed (provided that all Swingline LIBOR Rate Loans shall be or Base Rate Loans), and (E) in the case of a Borrowing of LIBOR Rate LoansLoan, the duration of the initial Interest Period applicable thereto. A Notice of Borrowing Notices received after 12:00 noon (Charlotte time) in the case of Swingline Loans or 11:00 a.m. (Charlotte time) in the case of Base Rate Loans and LIBOR Rate Loans shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing. Notwithstanding Revolving Credit Borrowing received by the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth hereinAdministrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Richfood Holdings Inc)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 11:00 a.m. 12:00 p.m. (i) on the requested date of any Borrowing of same Business Day for each Base Rate Loans or Loan and each Swingline Loans Loan and (ii) at least three (3) Business Days before the requested date of any Borrowing of each LIBOR Rate LoansLoan, of its intention to borrow, specifying (A) the date of such Borrowingborrowing, which shall be a Business Day, (B) the amount of such Borrowingborrowing, which shall be, (x) with respect to a Borrowing of Base Rate Loans (other than Swingline Loans), (1) in an aggregate principal amount of $500,000 1,000,000 or a whole multiple of $100,000 500,000 in excess thereofthereof or (2) equal to the remaining available balance of the applicable Commitments, (y) with respect to a Borrowing of LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans in an aggregate principal amount of $25,000 500,000 or a whole multiple of $10,000 100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the Type case of a Revolving Credit Loan whether the Loans are to be borrowed (provided that all Swingline LIBOR Rate Loans shall be or Base Rate Loans), and (E) in the case of a Borrowing of LIBOR Rate LoansLoan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. 12:00 p.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing. Notwithstanding the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth herein.

Appears in 1 contract

Samples: Credit Agreement (Cross Country Healthcare Inc)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B A-1 (a “Notice of Borrowing”) not later than 11:00 a.m. (i) on the requested date of any Borrowing of same Business Day as each Base Rate Loans or Swingline Loans Loan and Daily Simple SOFR Loan, and (ii) at least three (3) U.S. Government Securities Business Days before the requested date of any Borrowing of LIBOR Rate Loanseach Term SOFR Loan, of its intention to borrow, specifying (A) the date of such Borrowingborrowing, which shall be a Business Day, (B) the amount of such Borrowingborrowing, which shall be, (x) with respect to a Borrowing of Base Rate Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (y) with respect to a Borrowing of LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof thereof, and (zy) with respect to a Borrowing of Swingline SOFR Loans in an aggregate principal amount of $25,000 2,000,000 or a whole multiple of $10,000 1,000,000 in excess thereof, (C) whether such Revolving Credit Loan is to be a Revolving Credit Daily Simple SOFR Loan, a Term SOFR Loan or Swingline Loan, (D) the Type of Loans to be borrowed (provided that all Swingline Loans shall be a Base Rate Loans)Loan, and (ED) in the case of a Borrowing of LIBOR Rate LoansTerm SOFR Loan, the duration of the Interest Period applicable thereto. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a borrowing of a Term SOFR Loan in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 11:00 a.m. shall be deemed received on the next Business Day or U.S. Government Securities Business Day, as applicable. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing. Notwithstanding the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth herein.

Appears in 1 contract

Samples: Pledge Agreement (Ryman Hospitality Properties, Inc.)

Requests for Borrowing. The With the exception of Swingline Loans deemed requested pursuant to Section 2.2(b) hereof, the Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form of attached hereto as Exhibit B (a "Notice of Borrowing") not later than 11:00 a.m. (Charlotte time) (i) on the requested date of any Borrowing of same Business Day as each Base Rate Loans or Loan and Swingline Loans Loan requested under this Section 2.3(a) and (ii) at least three (3) Business Days before the requested date of any Borrowing of each LIBOR Rate LoansLoan, of its intention to borrow, specifying (A) the date of such Borrowingborrowing, which shall be a Business Day, (B) the amount of such Borrowingborrowing, which shall bebe in an amount equal to the amount of the Aggregate Commitment then available to the Borrower, or if less, (x) with respect to a Borrowing of Base Rate Loans (other than the Swingline Loans requested pursuant to this Section 2.3(a)) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to the Swingline Loans requested pursuant to this Section 2.3(a) in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (y) with respect to a Borrowing of LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans in an aggregate principal amount of $25,000 or a whole multiple of $10,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan, (D) in the Type case of a Revolving Credit Loan whether the Loans are to be borrowed (provided that all Swingline LIBOR Rate Loans shall be or Base Rate Loans), and (E) in the case of a Borrowing of LIBOR Rate LoansLoan, the duration of the Interest Period applicable thereto. A Any Notice of Borrowing received after 11:00 a.m. (Charlotte time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing. Notwithstanding the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth herein."; and

Appears in 1 contract

Samples: Credit Agreement (Performance Food Group Co)

Requests for Borrowing. The Parent Borrower shall give the Administrative Agent irrevocable prior notice, which may be given by (I) telephone or (II) written notice substantially in the form of Exhibit B (a “Notice of Borrowing”); provided that any telephone notice must be confirmed immediately by delivery to the Administrative Agent of a Notice of Borrowing (or Swingline Loan Notice, as applicable). Each such Notice of Borrowing (or Swingline Loan Notice, as applicable) must be received by the Administrative Agent not later than 11:00 a.m. (i) on the requested date of any Borrowing of same Business Day as each Base Rate Loans or Loan and each Swingline Loans Loan and (ii) at least three (3) Business Days before the requested date of any Borrowing of each LIBOR Rate LoansLoan, of its intention to borrow, specifying (A) the date of such Borrowingborrowing, which shall be a Business Day, (B) the amount of such Borrowingborrowing, which shall be, (x) with respect to a Borrowing of Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (y) with respect to a Borrowing of LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans in an aggregate principal amount of $25,000 or a whole multiple of $10,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the Type case of a Revolving Credit Loan whether the Loans are to be borrowed (provided that all Swingline LIBOR Rate Loans shall be or Base Rate Loans), and (E) in the case of a Borrowing of LIBOR Rate LoansLoan, the duration of the Interest Period applicable thereto. A Notice of Borrowing (or Swingline Loan Notice, as applicable) received after 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing. Notwithstanding the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth Borrowing (by telephone or in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth hereinwriting).

Appears in 1 contract

Samples: Credit Agreement (Aci Worldwide, Inc.)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form of attached hereto as Exhibit B B-1 (a "Notice of Revolving Loan Borrowing") not later than 11:00 a.m. Noon (Charlotte time) (i) on the requested date of any Borrowing of same Business Day as each Base Rate Loans or Loan and each Swingline Loans Loan and (ii) at least three (3) Business Days before the requested date of any Borrowing of each LIBOR Rate LoansLoan, of its intention to borrow, specifying (A) the date of such Borrowingborrowing, which shall be a Business Day, (B) the amount of such Borrowingborrowing, which shall be, be (x) with respect to a Borrowing of Base Rate Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (y) with respect to a Borrowing of LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 50,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $4,000,000 or a whole multiple of $100,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans in an aggregate principal amount of $25,000 50,000 or a whole multiple of $10,000 50,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan, (D) in the Type case of a Revolving Credit Loan whether the Loans are to be borrowed (provided that all Swingline LIBOR Rate Loans shall be or Base Rate Loans), and (E) in the case of a Borrowing of LIBOR Rate LoansLoan, the duration of the Interest Period applicable thereto. A Notice of Revolving Loan Borrowing received after 11:00 a.m. Noon (Charlotte time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Revolving Loan Borrowing. Notwithstanding the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth herein.

Appears in 1 contract

Samples: Credit Agreement (Veridian Corp)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit EXHIBIT B (a “Notice of Borrowing”) not later than 11:00 a.m. (i) on the requested date of any Borrowing of Base same Business Day as each Floating Rate Loans or Loan and each Swingline Loans Loan and (ii) at least three two (32) Business Days before the requested date of any Borrowing of each LIBOR Rate LoansLoan, of its intention to borrow, specifying (A) the date of such Borrowingborrowing, which shall be a Business Day, (B) the amount of such Borrowingborrowing, which shall be, (x) with respect to Floating Rate Loans (other than Swingline 4834-0494-1091v13 27 Loans) in an aggregate principal amount of $3,000,000 or a Borrowing whole multiple of Base $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (y) with respect to a Borrowing of LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans in an aggregate principal amount of $25,000 or a whole multiple of $10,000 in excess thereof, (Cc) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the Type case of a Revolving Credit Loan, (E) whether the Loans are to be borrowed (provided that all Swingline LIBOR Rate Loans shall be Base or Floating Rate Loans), and (EF) in the case of a Borrowing of LIBOR Rate LoansLoan, the duration of the Interest Period applicable thereto. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Floating Rate Loans. If the Borrower requests a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing. Notwithstanding the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth herein.

Appears in 1 contract

Samples: Credit Agreement (Fastenal Co)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) Borrowing not later than 11:00 a.m. (i) on the requested date of Initial Delayed Draw Term Loan Funding Date or any Borrowing of subsequent day prior to the Delayed Draw Funding Deadline questing that the Lenders make a Delayed Draw Term Loan as a Base Rate Loans or Swingline Loans and Loan on such date (ii) at least provided the Borrower may request, no later than three (3) Business Days before days prior to the requested Initial Delayed Draw Term Loan Funding Date or any subsequent date of any Borrowing of borrowing, that the Lender make a Delayed Draw Term Loan as a LIBOR Rate Loans, of its intention to borrowLoan), specifying (A) the date of such Borrowingborrowing, which shall be a Business Day, (B) the amount of such Borrowingborrowing, which shall be, (x) with respect to a Borrowing of Base Rate Loans be in an aggregate principal amount of $500,000 25,000,000 or a whole multiple of $100,000 in excess thereof, (y) with respect to a Borrowing of LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans in an aggregate principal or, if less, the remaining undrawn amount of $25,000 or a whole multiple of $10,000 in excess thereofthe Delayed Draw Term Loan Commitment, (C) whether such Loan is the Loans are to be a Revolving Credit Loan LIBOR Rate Loans or Swingline Loan, (D) the Type of Loans to be borrowed (provided that all Swingline Loans shall be Base Rate Loans), and (ED) in the case of a Borrowing of LIBOR Rate LoansLoan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. shall be deemed received on the next Business Day. The Upon receipt of any such Notice of Borrowing from the Borrower, the Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing. Notwithstanding the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth hereinLender thereof.

Appears in 1 contract

Samples: Credit Agreement (Globalstar, Inc.)

Requests for Borrowing. The Borrower With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers shall give the Administrative Agent irrevocable prior written notice substantially in the form of attached hereto as Exhibit B (a "Notice of Borrowing") not later than 11:00 a.m. (Eastern time) (i) on the requested date of any Borrowing of same Business Day as each Base Rate Loans or Loan and each Swingline Loans Loan and (ii) at least three (3) Business Days before the requested date of any Borrowing of each LIBOR Rate LoansLoan, of its intention to borrow, specifying (A) the date of such Borrowingborrowing, which shall be a Business Day, (B) the amount of such Borrowingborrowing, which shall be, (x) with respect to a Borrowing of Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $500,000 3,000,000 or a whole multiple of $100,000 1,000,000 in excess thereof, (y) with respect to a Borrowing of LIBOR Rate Loans in an aggregate principal amount of $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans (other than Swingline Loans deemed requested pursuant to the Swingline Side Letter) in an aggregate principal amount of $25,000 100,000 or a whole multiple of $10,000 100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the Type case of a Revolving Credit Loan whether the Loans are to be borrowed (provided that all Swingline LIBOR Rate Loans shall be or Base Rate Loans), and (E) in the case of a Borrowing of LIBOR Rate LoansLoan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. (Eastern time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing. Notwithstanding the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth herein.

Appears in 1 contract

Samples: Credit Agreement (Belk Inc)

Requests for Borrowing. The Borrower GTS, on behalf of the Borrowers, shall give the Administrative Agent irrevocable prior written notice substantially in the form of attached hereto as Exhibit B C-1 (a "Notice of Revolving Credit/Swingline Borrowing") not later than 11:00 a.m. (Charlotte time) (i) on the requested date of any Borrowing of same Business Day as each Swingline Loan, (ii) at least one (1) Business Day before each Base Rate Loans or Swingline Loans Loan and (iiiii) at least three (3) Business Days before the requested date of any Borrowing of each LIBOR Rate LoansLoan, of its intention to borrow, specifying (A) the date of such Borrowingborrowing, which shall be a Business Day, (B) the amount of such Borrowingborrowing, which shall bebe in an amount equal to the amount of the Aggregate Commitment then available to the Borrowers, or if less, (x) with respect to a Borrowing of Base Rate Loans in an aggregate principal amount of $500,000 1,000,000 or a whole multiple of $100,000 250,000 in excess thereof, (y) with respect to a Borrowing of LIBOR Rate Loans in an aggregate principal amount of $1,000,000 2,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans in an aggregate principal principle amount of $25,000 500,000 or a whole multiple of $10,000 100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the Type case of a Revolving Credit Loan whether the Loans are to be borrowed (provided that all Swingline LIBOR Rate Loans shall be or Base Rate Loans), and (E) in the case of a Borrowing of LIBOR Rate LoansLoan, the duration of the Interest Period applicable thereto. A Notice of Borrowing Notices received after 11:00 a.m. (Charlotte time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing. Notwithstanding the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth herein.

Appears in 1 contract

Samples: Credit Agreement (GTS Duratek Inc)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a Notice of Borrowing”) Borrowing for the Initial Term Loans or any Series of Incremental Term Loans not later than 11:00 a.m. 1:00 p.m. (New York time) (i) on the requested date of any Borrowing of same Business Day as each Base Rate Loans or Swingline Loans Loan and (ii) at least three (3) Business Days before the requested date of any Borrowing of each LIBOR Rate LoansLoan, of its intention to borrow, specifying (A) the date of such Borrowingborrowing, which shall be a Business DayDay (and, in the case of the Initial Term Loans, the Closing Date), (B) the amount of such Borrowingborrowing, which shall be, (x) with respect to a Borrowing of Base Rate Loans Loans, in an aggregate minimum principal amount of One Million Dollars ($500,000 or a whole multiple of $100,000 in excess thereof, 1,000,000) and (y) with respect to a Borrowing of LIBOR Rate Loans Loans, in an aggregate minimum principal amount of Two Million Five Hundred Thousand Dollars ($1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans in an aggregate principal amount of $25,000 or a whole multiple of $10,000 in excess thereof2,500,000), (C) whether such Loan is the Loans are to be a Revolving Credit Loan LIBOR Rate Loans or Swingline Loan, Base Rate Loans and (D) the Type of Loans to be borrowed (provided that all Swingline Loans shall be Base Rate Loans), and (E) in the case of a Borrowing of LIBOR Rate LoansLoan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. 1:00 p.m. (New York time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing. Notwithstanding anything to the foregoingcontrary, Swingline Borrowings may be made and repaid however, if the Borrower fails to deliver a Notice of Borrowing for the Initial Term Loans on the day required pursuant to terms otherwise set forth this Section 4.2(a), the Borrower shall be deemed to have: (1) requested Initial Term Loans in any applicable Treasury Management Agreement without giving effect an aggregate principal amount equal to any minimum amounts, notice, time or funding requirements set forth hereinthe aggregate Initial Term Loan Commitments and (2) elected that the Initial Term Loans are to be Base Rate Loans.

Appears in 1 contract

Samples: Credit Agreement (Geo Group Inc)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 11:00 a.m. 12:00 noon (i) on the requested date of any Borrowing of same Business Day as each Base Rate Loans or Loan and each Swingline Loans Loan and (ii) at least three (3) Business Days before the requested date of any Borrowing of each LIBOR Rate LoansLoan, of its intention to borrow, specifying (A) the date of such Borrowingborrowing, which shall be a Business Day, (B) the amount of such Borrowingborrowing, which shall be, (x) with respect to a Borrowing of Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $500,000 2,000,000 or a whole multiple of $100,000 1,000,000 in excess thereof, (y) with respect to a Borrowing of LIBOR Rate Loans in an aggregate principal amount of $1,000,000 3,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans in an aggregate principal amount whole multiples of $25,000 or a whole multiple of $10,000 in excess thereof100,000, (C) whether such Loan is Loans are to be a Revolving Credit Loan Loans or Swingline LoanLoans, (D) in the Type case of Revolving Credit Loans whether the Loans are to be borrowed (provided that all Swingline LIBOR Rate Loans shall be or Base Rate Loans), and (E) in the case of a Borrowing of LIBOR Rate Loans, the duration of the Interest Period applicable theretothereto (provided that any Revolving Credit Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date shall be made as Base Rate Loans unless the Borrower has delivered to the Administrative Agent a funding indemnity letter in form and substance reasonably satisfactory to the Administrative Agent not less than three (3) Business Days prior to the date of such Revolving Credit Loans). A Notice of Borrowing received after 11:00 a.m. 12:00 noon shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing. Notwithstanding the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth herein.

Appears in 1 contract

Samples: Credit Agreement (Corrections Corp of America)

Requests for Borrowing. The With the exception of Swingline Loans deemed requested pursuant to Section 2.2(b) hereof, the Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form of attached hereto as Exhibit B (a "Notice of Borrowing") not later than 11:00 a.m. (Charlotte time) (i) on the requested date of any Borrowing of same Business Day as each Base Rate Loans or Loan and Swingline Loans Loan requested under this Section 2.3(a) and (ii) at least three (3) Business Days before the requested date of any Borrowing of each LIBOR Rate LoansLoan, of its intention to borrow, specifying (A) the date of such Borrowingborrowing, which shall be a Business Day, (B) the amount of such Borrowingborrowing, which shall bebe in an amount equal to the amount of the Aggregate Commitment then available to the Borrower, or if less, (x) with respect to a Borrowing of Base Rate Loans (other than the Swingline Loans requested pursuant to this Section 2.3(a)) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to the Swingline Loans requested pursuant to this Section 2.3(a) in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (y) with respect to a Borrowing of LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans in an aggregate principal amount of $25,000 or a whole multiple of $10,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan, (D) in the Type case of a Revolving Credit Loan whether the Loans are to be borrowed (provided that all Swingline LIBOR Rate Loans shall be or Base Rate Loans), and (E) in the case of a Borrowing of LIBOR Rate LoansLoan, the duration of the Interest Period applicable thereto. A Any Notice of Borrowing received after 11:00 a.m. (Charlotte time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing. Notwithstanding the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth herein.

Appears in 1 contract

Samples: Credit Agreement (Performance Food Group Co)

Requests for Borrowing. The Borrower Company, on behalf of the Borrowers, shall give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 11:00 a.m. (i) on the requested date of any Borrowing of Base same Business Day as each CD Rate Loans or Swingline Loans Loan and (ii) at least three (3) Business Days before the requested date of any Borrowing of each LIBOR Rate LoansLoan, of its intention to borrow, specifying (A) the date of such Borrowingborrowing, which shall be a Business Day, (B) the amount of such Borrowingborrowing, which shall be, (x) with respect to a Borrowing of Base CD Rate Loans (other than Swingline Loans) in an aggregate principal amount of $500,000 3,000,000 or a whole multiple of $100,000 1,000,000 in excess thereof, (y) with respect to a Borrowing of LIBOR Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans in an aggregate principal amount of $25,000 100,000 or a whole multiple of $10,000 100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the Type case of a Revolving Credit Loan whether the Loans are to be borrowed (provided that all Swingline LIBOR Rate Loans shall be Base or CD Rate Loans), and (E) in the case of a Borrowing of LIBOR Rate LoansLoan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing. Notwithstanding the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth herein.

Appears in 1 contract

Samples: Day Credit Agreement (Family Dollar Stores Inc)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 11:00 a.m. (i) on the requested date of any Borrowing of same Business Day as each Base Rate Loans or Loan and each Swingline Loans Loan and (ii) at least three (3) Business Days before the requested date of any Borrowing of each LIBOR Rate LoansLoan, of its intention to borrow, specifying (A) the date of such Borrowingborrowing, which shall be a Business Day, (B) the amount of such Borrowingborrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $500,000 or a Borrowing whole multiple of Base $250,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (y) with respect to a Borrowing of LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 250,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans in an aggregate principal amount of $25,000 100,000 or a whole multiple of $10,000 50,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the Type case of a Revolving Credit Loan whether the Loans are to be borrowed (provided that all Swingline LIBOR Rate Loans shall be or Base Rate Loans), and (E) in the case of a Borrowing of LIBOR Rate LoansLoan, the duration of the Interest Period applicable thereto. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing. Notwithstanding the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth herein.

Appears in 1 contract

Samples: Credit Agreement (Zoe's Kitchen, Inc.)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially (or telephonic notice confirmed by written notice) in the form of attached hereto as Exhibit B (a "Notice of Borrowing") not later than 11:00 a.m. 12:00 Noon (Charlotte time) (i) on the requested date of any Borrowing of same Business Day as each Swingline Loan, (ii) on the same Business Day as each Base Rate Loans or Swingline Loans Loan and (iiiii) at least three (3) Business Days before the requested date of any Borrowing of each LIBOR Rate LoansLoan, of its intention to borrow, specifying (A) the date of such Borrowingborrowing, which shall be a Business Day, (B) the amount of such Borrowingborrowing, which shall be, be (x) with respect to a Borrowing of Base LIBOR Rate Loans in an aggregate principal amount of $500,000 5,000,000 or a whole multiple of $100,000 1,000,000 in excess thereof, (y) with respect to a Borrowing of LIBOR Base Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans in an aggregate principal amount of $25,000 300,000 or a whole multiple of $10,000 100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan, (D) in the Type case of a Revolving Credit Loan, whether the Revolving Credit Loans are to be borrowed (provided that all Swingline LIBOR Rate Loans shall be or Base Rate Loans), and (E) in the case of a Borrowing of LIBOR Rate LoansLoan, the duration of the Interest Period applicable thereto. A Notice of Borrowing Notices received after 11:00 a.m. 12:00 Noon (Charlotte time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing. Notwithstanding the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth herein.

Appears in 1 contract

Samples: Credit Agreement (Corestaff Inc)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 11:00 a.m. (i) 11:00 a.m. on the requested date of any Borrowing of same Business Day as each Base Rate Loans or Loan (other than Swingline Loans and Loans), (ii) 11:00 a.m. at least three (3) Business Days before the requested date of any Borrowing of each LIBOR Rate LoansLoan and (iii) 1:00 p.m. on the same Business Day as each Swingline Loan, of its intention to borrow, specifying (A) the date of such Borrowingborrowing, which shall be a Business Day, (B) the amount of such Borrowingborrowing, which shall be, (x) with respect to a Borrowing of Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $500,000 1,000,000 or a whole multiple of $100,000 500,000 in excess thereof, (y) with respect to a Borrowing of LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans in an aggregate principal amount of $25,000 500,000 or a whole multiple of $10,000 100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the Type case of a Revolving Credit Loan whether the Loans are to be borrowed (provided that all Swingline LIBOR Rate Loans shall be or Base Rate Loans), and (E) in the case of a Borrowing of LIBOR Rate LoansLoan, the duration of the Interest Period applicable thereto. A Notice of Borrowing with respect to Base Rate Loans (other than Swingline Loans) and LIBOR Rate Loans received after 11:00 a.m. shall or a Notice of Borrowing with respect to Swingline Loans received after 1:00 p.m. shall, in each case, be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing. Notwithstanding the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth herein.

Appears in 1 contract

Samples: Credit Agreement (DynCorp International LLC)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form of attached hereto as Exhibit B (a “Notice of Borrowing”) not later than 11:00 a.m. (Chicago time) (i) on the requested date same Business Day of any Borrowing a proposed borrowing comprised of Base Rate Loans or Swingline Loans and (ii) at least three (3) Business Days before prior to the requested proposed borrowing date in the case of any Borrowing a borrowing comprised of LIBOR Rate Loans, of its intention to borrow, specifying (A) the date of such Borrowingborrowing, which shall be a Business Day, (B) the amount of such Borrowingborrowing, which shall be, (x) with respect to a Borrowing of Base Rate Loans in an aggregate principal amount of $500,000 3,000,000 or a whole multiple of $100,000 1,000,000 in excess thereof, and (y) with respect to a Borrowing of LIBOR Rate Loans in an aggregate principal amount of $1,000,000 5,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans in an aggregate principal amount of $25,000 or a whole multiple of $10,000 1,000,000 in excess thereof, (C) whether such Loan is the Loans are to be a Revolving Credit Loan LIBOR Rate Loans or Swingline Loan, (D) the Type of Loans to be borrowed (provided that all Swingline Loans shall be Base Rate Loans), and (ED) in the case of a Borrowing of LIBOR Rate LoansLoan, the duration of the LIBOR Interest Period applicable thereto; provided, that in the case of a borrowing comprised of LIBOR Rate Loans on the Closing Date, the Borrower shall also deliver to the Administrative Agent with any Notice of Borrowing a LIBOR funding indemnity letter in form and substance reasonably acceptable to the Administrative Agent. A Notice of Borrowing received after 11:00 a.m. (Chicago time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing. Notwithstanding the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth herein.(b)

Appears in 1 contract

Samples: Charge Agreement

Requests for Borrowing. The Borrower Company, on behalf of the Borrowers, shall give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B B-1 (a “Notice of Borrowing”) not later than 11:00 a.m. (i) on the requested date of any Borrowing of Base same Business Day as each CD Rate Loans or Swingline Loans Loan and (ii) at least three (3) Business Days before the requested date of any Borrowing of each LIBOR Rate LoansLoan, of its intention to borrow, specifying (A) the date of such Borrowingborrowing, which shall be a Business Day, (B) the amount of such Borrowingborrowing, which shall be, (x) with respect to a Borrowing of Base CD Rate Loans (other than Swingline Loans) in an aggregate principal amount of $500,000 3,000,000 or a whole multiple of $100,000 1,000,000 in excess thereof, (y) with respect to a Borrowing of LIBOR Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans in an aggregate principal amount of $25,000 100,000 or a whole multiple of $10,000 100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the Type case of a Revolving Credit Loan whether the Loans are to be borrowed (provided that all Swingline LIBOR Rate Loans shall be Base or CD Rate Loans), and (E) in the case of a Borrowing of LIBOR Rate LoansLoan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing. Notwithstanding the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth herein.

Appears in 1 contract

Samples: Credit Agreement (Family Dollar Stores Inc)

Requests for Borrowing. The Borrower CCA REIT shall give the Administrative Agent irrevocable prior written notice substantially in the form of attached hereto as Exhibit B (a "Notice of Borrowing") not later than 11:00 a.m. 12:00 noon (Charlotte time) (i) at least one Business Day before each Base Rate Loan (other than a Swingline Loan), (ii) on the requested date of any Borrowing of Base Rate Loans or same Business Day as each Swingline Loans Loan and (iiiii) at least three (3) Business Days before the requested date of any Borrowing of each LIBOR Rate LoansLoan, of its intention to borrow, specifying (A) the date of such Borrowingborrowing, which shall be a Business Day, (B) the amount of such Borrowingborrowing, which shall bebe in the full amount of the aggregate Available Commitment of the Lenders, (x) with respect to or, if less, shall be in a Borrowing of Base Rate Loans in an aggregate minimum principal amount of $500,000 1,000,000 or a whole an integral multiple of $100,000 in excess thereofthereof for Base Rate Loans, (y) with respect to a Borrowing of LIBOR Rate Loans in an aggregate minimum principal amount of $1,000,000 5,000,000 or a whole an integral multiple of $500,000 1,000,000 in excess thereof for LIBOR Rate Loans and (z) with respect to a Borrowing of Swingline Loans in an aggregate minimum principal amount of $25,000 100,000 or a whole an integral multiple of $10,000 100,000 in excess thereofthereof for Swingline Loans, (C) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan, (D) in the Type case of a Revolving Credit Loan, whether the Loans are to be borrowed (provided that all Swingline LIBOR Rate Loans shall be or Base Rate Loans), and (E) in the case of a Borrowing of LIBOR Rate LoansLoan, the duration of the Interest Period applicable thereto. A Notice of Borrowing Notices received after 11:00 a.m. 12:00 noon (Charlotte time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing. Notwithstanding the foregoing, Swingline Borrowings may be made and repaid pursuant Borrowing with respect to terms otherwise set forth in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth hereina Revolving Credit Loan.

Appears in 1 contract

Samples: Credit Agreement (Cca Prison Realty Trust)

Requests for Borrowing. The Borrower Borrowers shall give the Administrative Agent irrevocable prior written notice substantially in the form of attached hereto as Exhibit B (a “Notice of Borrowing”) not later than 11:00 a.m. (Eastern time) (i) on the requested date of any Borrowing of same Business Day as each Base Rate Loans or Loan and each Swingline Loans Loan and (ii) at least three (3) Business Days before the requested date of any Borrowing of each LIBOR Rate LoansLoan, of its intention to borrow, specifying (A) the date of such Borrowingborrowing, which shall be a Business Day, (B) the amount of such Borrowingborrowing, which shall be, (x) with respect to a Borrowing of Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $500,000 1,000,000 or a whole multiple of $100,000 500,000 in excess thereof, (y) with respect to a Borrowing of LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans in an aggregate principal amount of $25,000 500,000 or a whole multiple of $10,000 100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the Type case of a Revolving Credit Loan whether the Loans are to be borrowed (provided that all Swingline LIBOR Rate Loans shall be or Base Rate Loans), and (E) in the case of a Borrowing of LIBOR Rate LoansLoan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. (Eastern time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing. Notwithstanding the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth herein.

Appears in 1 contract

Samples: Credit Agreement (Belk Inc)

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Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior notice (1) written notice substantially in the form of Exhibit B or (2) delivered electronically via e-mail from the official corporate email address of Borrower which includes an approval from the Chief Financial Officer, Senior Vice President - Finance & Accounting, Controller, Treasurer, Assistant Treasurer, Director of Treasury or Senior Manager - Treasury Operations of Borrower and containing substantially the same information as specified on Exhibit B (a “Notice of Borrowing”) not later than 11:00 a.m. 1:00 p.m. (i) on the requested date of any Borrowing of same Business Day as each Base Rate Loans or Loan and each Swingline Loans Loan and (ii) at least three (3) Business Days before the requested date of any Borrowing of each LIBOR Rate LoansLoan, of its intention to borrow, specifying (A) the date of such Borrowingborrowing, which shall be a Business Day, (B) the amount of such Borrowingborrowing, which shall be, (x) with respect to a Borrowing of Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $500,000 1,000,000 or a whole multiple of $100,000 in excess thereof, (y) with respect to a Borrowing of LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 250,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans in an aggregate principal amount of $25,000 100,000 or a whole multiple of $10,000 50,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the Type case of a Revolving Credit Loan whether the Loans are to be borrowed (provided that all Swingline LIBOR Rate Loans shall be or Base Rate Loans), and (E) in the case of a Borrowing of LIBOR Rate LoansLoan, the duration of the Interest Period applicable thereto; provided that if Borrower wishes to request LIBOR Rate Loans having an Interest Period of twelve months in duration, such notice must be received by the Administrative Agent not later than 1:00 p.m. four (4) Business Days prior to the requested date of such borrowing, whereupon the Administrative Agent shall give prompt notice to the Lenders of such request and determine whether the requested Interest Period is acceptable to all of them. If Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If Borrower requests a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 11:00 a.m. 1:00 p.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing. Notwithstanding the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth herein.

Appears in 1 contract

Samples: Credit Agreement (Kforce Inc)

Requests for Borrowing. The Borrower Agent, on behalf of itself or the Cayman Borrower, shall give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 11:00 a.m. (i) on the requested date of any Borrowing of same Business Day as each Base Rate Loans or Loan and each Swingline Loans Loan and (ii) at least three (3) Business Days before the requested date of any Borrowing of each LIBOR Rate LoansLoan, of its intention to borrow, specifying (A) the date of such Borrowingborrowing, which shall be a Business Day, (B) the amount of such Borrowingborrowing, which shall be, (x) with respect to a Borrowing of Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (y) with respect to a Borrowing of LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans in an aggregate principal amount of $25,000 or a whole multiple of $10,000 in excess thereof, (C) whether such Loan is to be a Revolving 54537432_8 Credit Loan or Swingline Loan, (D) in the Type case of a Revolving Credit Loan whether the Loans are to be borrowed (provided that all Swingline LIBOR Rate Loans shall be or Base Rate Loans), (E) whether such Loan will be made to the Parent Borrower or the Cayman Borrower and (EF) in the case of a Borrowing of LIBOR Rate LoansLoan, the duration of the Interest Period applicable thereto. If the Borrower Agent fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower Agent requests a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing. Notwithstanding the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth herein.

Appears in 1 contract

Samples: Credit Agreement (Ubiquiti Networks, Inc.)

Requests for Borrowing. The Borrower Borrowers shall give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 11:00 a.m. (i) on the requested date of any Borrowing of same Business Day as each Base Rate Loans or Loan and each Swingline Loans Loan and (ii) at least three (3) Business Days before the requested date of any Borrowing of each LIBOR Rate LoansLoan, of its intention to borrow, specifying (A) the date of such Borrowingborrowing, which shall be a Business Day, (B) the amount of such Borrowingborrowing, which shall be, (x) with respect to a Borrowing of Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $500,000 1,000,000.00 or a whole multiple of $100,000 500,000.00 in excess thereof, (y) with respect to a Borrowing of LIBOR Rate Loans in an aggregate principal amount of $1,000,000 2,000,000.00 or a whole multiple of $500,000 500,000.00 in excess thereof and (z) with respect to a Borrowing of Swingline Loans in an aggregate principal amount of $25,000 100,000.00 or a whole multiple of $10,000 100,000.00 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the Type case of a Revolving Credit Loan, whether the Loans are to be borrowed (provided that all Swingline LIBOR Rate Loans shall be or Base Rate Loans), and (E) in the case of a Borrowing of LIBOR Rate LoansLoan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing. Notwithstanding the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth herein.

Appears in 1 contract

Samples: Loan Agreement (Omega Protein Corp)

Requests for Borrowing. The Borrower Company, on behalf of the Co-Borrowers, shall give the Administrative Agent irrevocable prior written notice substantially in the form of attached hereto as Exhibit B (a "Notice of Borrowing") not later than 11:00 a.m. (Atlanta time) (i) on the requested date of any Borrowing of borrowing with respect to each Base Rate Loans or Swingline Loans and Loan (ii) at least three (3) Business Days before the requested date of any Borrowing of each LIBOR Rate LoansLoan, and (iii) at least four (4) Business Days before each Foreign Currency Loan, of its intention to borrow, specifying (A) the date of such Borrowingborrowing, which shall be a Business Day, (B) the amount of such Borrowingborrowing, which shall beshall, (x) with respect to LIBOR Rate Loans, be in an aggregate principal amount of $5,000,000 or a Borrowing whole multiple of $1,000,000 in excess thereof, with respect to Foreign Currency Loans, be denominated in the applicable Foreign Currency and be in increments of 100,000 units of such Foreign Currency (such amount to have an approximate minimum Assigned Dollar Value of $1,000,000), and, with respect to Base Rate Loans Loans, be in an aggregate principal amount of $500,000 and or a whole multiple of $100,000 in excess thereof, (y) with respect to a Borrowing of LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans in an aggregate principal amount of $25,000 or a whole multiple of $10,000 in excess thereof, (C) whether such Loan is the Loans are to be a Revolving Credit Loan or Swingline LoanLIBOR Rate Loans, (D) the Type of Loans to be borrowed (provided that all Swingline Loans shall be Base Rate Loans), or Foreign Currency Loans, and (ED) in the case of a Borrowing of LIBOR Rate LoansLoan or a Foreign Currency Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing Notices received after 11:00 a.m. (Atlanta time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing. Notwithstanding the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth herein.

Appears in 1 contract

Samples: Credit Agreement (Scientific Games Holdings Corp)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit attached hereto as EXHIBIT B (a “Notice of Borrowing”"NOTICE OF BORROWING") not later than 11:00 a.m. (Charlotte time) (i) on the requested date of any Borrowing of same Business Day as each Base Rate Loans or Loan and each Swingline Loans Loan and (ii) at least three (3) Business Days before the requested date of any Borrowing of each LIBOR Rate LoansLoan, of its intention to borrow, specifying (A) the date of such Borrowingborrowing, which shall be a Business Day, (B) the amount of such Borrowingborrowing, which shall be, be (x) with respect to a Borrowing of LIBOR Rate Loans and Base Rate Loans, in an aggregate principal amount of $3,000,000 or a whole multiple of $500,000 in excess thereof, and (y) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (y) with respect to a Borrowing of LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans in an aggregate principal amount of $25,000 or a whole multiple of $10,000 250,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan, Swingline Loan or Swingline Acquisition Loan, (D) in the Type case of a Revolving Credit Loan or Acquisition Loan whether the Loans are to be borrowed (provided that all Swingline LIBOR Rate Loans shall be or Base Rate Loans), and (E) in the case of a Borrowing of LIBOR Rate LoansLoan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. (Charlotte time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing. Notwithstanding the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth herein.

Appears in 1 contract

Samples: Credit Agreement (Suburban Propane Partners Lp)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form of attached hereto as Exhibit B (a "Notice of Borrowing") not later than 11:00 a.m. 1:00 p.m. (Charlotte time) (i) on the requested date of any Borrowing of same Business Day as each Base Rate Loans or Loan and each Swingline Loans Loan and (ii) at least three (3) Business Days before the requested date of any Borrowing of each LIBOR Rate LoansLoan, of its intention to borrow, specifying (A) the date of such Borrowingborrowing, which shall be a Business Day, (B) the amount of such Borrowingborrowing, which shall be, (x) with respect to a Borrowing of Base Rate Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (yother than Swingline Loans) with respect to a Borrowing of LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof thereof, (y) with respect to LIBOR Rate Loans in an aggregate minimum principal amount of $2,500,000 and (z) with respect to a Borrowing of Swingline Loans in an aggregate principal amount of $25,000 100,000 or a whole multiple of $10,000 100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the Type case of a Revolving Credit Loan whether the Loans are to be borrowed (provided that all Swingline LIBOR Rate Loans shall be or Base Rate Loans), and (E) in the case of a Borrowing of LIBOR Rate LoansLoan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. 1:00 p.m. (Charlotte time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing. Notwithstanding the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth herein.

Appears in 1 contract

Samples: Credit Agreement (Wackenhut Corrections Corp)

Requests for Borrowing. The Parent Borrower shall give the Administrative Agent irrevocable prior notice, which may be given by (I) telephone or (II) written notice substantially in the form of Exhibit B A-5 (a “Notice of Borrowing”); provided that any telephone notice must be confirmed immediately by delivery to the Administrative Agent of a Notice of Borrowing (or Swingline Loan Notice, as applicable). Each such Notice of Borrowing (or Swingline Loan Notice, as applicable) must be received by the Administrative Agent not later than 11:00 a.m. (i) on the requested date of any Borrowing of same Business Day as each Base Rate Loans or Loan and each Swingline Loans Loan and (ii) at least three (3) Business Days before the requested date of any Borrowing of each LIBOR Rate LoansLoan, of its intention to borrow, specifying (A) the date of such Borrowingborrowing, which shall be a Business Day, (B) the amount of such Borrowingborrowing, which shall be, (x) with respect to a Borrowing of Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (y) with respect to a Borrowing of LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans in an aggregate principal amount of $25,000 or a whole multiple of $10,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the Type case of a Revolving Credit Loan whether the Loans are to be borrowed (provided that all Swingline LIBOR Rate Loans shall be or Base Rate Loans), and (E) in the case of a Borrowing of LIBOR Rate LoansLoan, the duration of the Interest Period applicable thereto. A Notice of Borrowing (or Swingline Loan Notice, as applicable) received after 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing. Notwithstanding the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth Borrowing (by telephone or in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth hereinwriting).

Appears in 1 contract

Samples: Credit Agreement (Aci Worldwide, Inc.)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 11:00 a.m. (i) on the requested date of any Borrowing of same Business Day as each Base Rate Loans or Loan and each Swingline Loans Loan and (ii) at least three (3) Business Days before the requested date of any Borrowing of each LIBOR Rate LoansLoan, of its intention to borrow, specifying (A) the date of such Borrowingborrowing, which shall be a Business Day, (B) the amount of such Borrowingborrowing, which shall be, (x) with respect to a Borrowing of Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (y) with respect to a Borrowing of LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans in an aggregate principal amount of $25,000 or a whole multiple of $10,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the Type case of a Revolving Credit Loan whether the Loans are to be borrowed (provided that all Swingline LIBOR Rate Loans shall be or Base Rate Loans), Loans and (E) in the case of a Borrowing of LIBOR Rate LoansLoan, the duration of the Interest Period applicable thereto. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing. Notwithstanding the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth herein.(b)

Appears in 1 contract

Samples: Credit Agreement (Ubiquiti Inc.)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form of attached hereto as Exhibit B (a “Notice of Borrowing”) not later than 11:00 a.m. (Chicago time) (i) on the requested date same Business Day of any Borrowing a proposed borrowing comprised of Base Rate Loans or Swingline Loans and (ii) at least three (3) Business Days before prior to the requested proposed borrowing date in the case of any Borrowing a borrowing comprised of LIBOR Rate Loans, of its intention to borrow, specifying (A) the date of such Borrowingborrowing, which shall be a Business Day, (B) the amount of such Borrowingborrowing, which shall be, (x) with respect to a Borrowing of Base Rate Loans in an aggregate principal amount of $500,000 3,000,000 or a whole multiple of $100,000 1,000,000 in excess thereof, and (y) with respect to a Borrowing of LIBOR Rate Loans in an aggregate principal amount of $1,000,000 5,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans in an aggregate principal amount of $25,000 or a whole multiple of $10,000 1,000,000 in excess thereof, (C) whether such Loan is the Loans are to be a Revolving Credit Loan LIBOR Rate Loans or Swingline Loan, (D) the Type of Loans to be borrowed (provided that all Swingline Loans shall be Base Rate Loans), and (ED) in the case of a Borrowing of LIBOR Rate LoansLoan, the duration of the LIBOR Interest Period applicable thereto; provided, that in the case of a borrowing comprised of LIBOR Rate Loans on the Closing Date, the Borrower shall also deliver to the Administrative Agent with any Notice of Borrowing a LIBOR funding indemnity letter in form and substance reasonably acceptable to the Administrative Agent. A Notice of Borrowing received after 11:00 a.m. (Chicago time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing. Notwithstanding the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth herein.

Appears in 1 contract

Samples: Credit Agreement (Grainger W W Inc)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 11:00 a.m. (i) on the requested date of any Borrowing of same Business Day as each Base Rate Loans or Swingline Loans Loan and (ii) at least three (3) Business Days before the requested date of any Borrowing of each LIBOR Rate LoansLoan, of its intention to borrow, specifying (A) the date of such Borrowingborrowing, which shall be a Business Day, (B) the amount of such Borrowingborrowing, which shall be, (x) with respect to a Borrowing of Base Rate Loans in an aggregate principal amount of $500,000 1,000,000 or a whole multiple of $100,000 in excess thereof, and (y) with respect to a Borrowing of LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans in an aggregate principal amount of $25,000 or a whole multiple of $10,000 100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit LIBOR Rate Loan or Swingline Loan, Base Rate Loan and (D) the Type of Loans to be borrowed (provided that all Swingline Loans shall be Base Rate Loans), and (E) in the case of a Borrowing of LIBOR Rate LoansLoan, the duration of the Interest Period applicable thereto. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing. Notwithstanding the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth herein.

Appears in 1 contract

Samples: Credit Agreement (OMNICELL, Inc)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit EXHIBIT B (a "Notice of Borrowing") not later than 11:00 a.m. 12:00 noon (i) on the requested date of any Borrowing of same Business Day as each Base Rate Loans or Loan and each Swingline Loans Loan and (ii) at least three (3) Business Days before the requested date of any Borrowing of each LIBOR Rate LoansLoan, of its intention to borrow, specifying (A) the date of such Borrowingborrowing, which shall be a Business Day, (B) the amount of such Borrowingborrowing, which shall be, (x) with respect to a Borrowing of Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $500,000 2,000,000 or a whole multiple of $100,000 1,000,000 in excess thereof, (y) with respect to a Borrowing of LIBOR Rate Loans in an aggregate principal amount of $1,000,000 3,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans in an aggregate principal amount whole multiples of $25,000 or a whole multiple of $10,000 in excess thereof100,000, (C) whether such Loan is Loans are to be a Revolving Credit Loan Loans or Swingline LoanLoans, (D) in the Type case of Revolving Credit Loans whether the Loans are to be borrowed (provided that all Swingline LIBOR Rate Loans shall be or Base Rate Loans), and (E) in the case of a Borrowing of LIBOR Rate Loans, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. 12:00 noon shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing. Notwithstanding the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth herein.

Appears in 1 contract

Samples: Credit Agreement (Corrections Corp of America)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 11:00 a.m. (i) on the requested date of any Borrowing of same Business Day as each Base Rate Loans or Loan and each Swingline Loans Loan and (ii) at least three (3) Business Days before the requested date of any Borrowing of each LIBOR Rate LoansLoan, of its intention to borrow, specifying (A) the date of such Borrowingborrowing, which shall be a Business Day, (B) the amount of such Borrowingborrowing, which shall be, (x) with respect to a Borrowing of Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $500,000 1,000,000 or a whole multiple of $100,000 500,000 in excess thereof, (y) with respect to a Borrowing of LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans in an aggregate principal amount of $25,000 500,000 or a whole multiple of $10,000 100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the Type case of a Revolving Credit Loan whether the Loans are to be borrowed (provided that all Swingline LIBOR Rate Loans shall be or Base Rate Loans), and (E) in the case of a Borrowing of LIBOR Rate LoansLoan, the duration of the Interest Period applicable thereto. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing. Notwithstanding the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth herein.

Appears in 1 contract

Samples: Credit Agreement (Afc Enterprises Inc)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 11:00 a.m. 1:00 p.m. (i) on the requested date of any Borrowing of same Business Day as each Base Rate Loans or Loan and each Swingline Loans Loan and (ii) at least three (3) Business Days before the requested date of any Borrowing of each LIBOR Rate LoansLoan, of its intention to borrow, specifying (A) the date of such Borrowingborrowing, which shall be a Business Day, (B) the amount of such Borrowingborrowing, which shall be, (x) with respect to a Borrowing of Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (y) with respect to a Borrowing of LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans in an aggregate principal amount of $25,000 or a whole multiple of $10,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan, Term Credit Loan or Swingline Loan, (D) in the Type case of a Revolving Credit Loan or Term Credit Loan whether the Loans are to be borrowed (provided that all Swingline LIBOR Rate Loans shall be or Base Rate Loans), and (E) in the case of a Borrowing of LIBOR Rate LoansLoan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. 1:00 p.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders and Term Credit Lenders, as applicable, of each Notice of Borrowing. Notwithstanding the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth herein.

Appears in 1 contract

Samples: Credit Agreement (Blucora, Inc.)

Requests for Borrowing. The Parent Borrower shall give the Administrative Agent irrevocable prior notice, which may be given by (I) telephone or (II) written notice substantially in the form of Exhibit B A-5 (a “Notice of Borrowing”); provided that any telephone notice must be confirmed immediately by delivery to the Administrative Agent of a Notice of Borrowing (or Swingline Loan Notice, as applicable). Each such Notice of Borrowing (or Swingline Loan Notice, as applicable) must be received by the Administrative Agent not later than 11:00 a.m. (i) on the requested date of any Borrowing of same Business Day as each Base Rate Loans or Loan and each Swingline Loans Loan and (ii) at least three two (32) Business Days before the requested date of any Borrowing of LIBOR Rate Loanseach Term SOFR Loan, of its intention to borrow, specifying (A) the date of such Borrowingborrowing, which shall be a Business Day, (B) the amount of such Borrowingborrowing, which shall be, (x) with respect to a Borrowing of Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to Term SOFR Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (y) with respect to a Borrowing of LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans in an aggregate principal amount of $25,000 or a whole multiple of $10,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the Type case of a Revolving Credit Loan whether the Loans are to be borrowed (provided that all Swingline Term SOFR Loans shall be or Base Rate Loans), and (E) in the case of a Borrowing of LIBOR Rate LoansTerm SOFR Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing (or Swingline Loan Notice, as applicable) received after 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing. Notwithstanding the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth Borrowing (by telephone or in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth hereinwriting).

Appears in 1 contract

Samples: Credit Agreement (Aci Worldwide, Inc.)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 11:00 a.m. (i) on the requested date of any Borrowing of same Business Day as each Base Rate Loans or Loan and each Swingline Loans Loan and (ii) at least three (3) U.S. Government Securities Business Days before the requested date of any Borrowing of each LIBOR Rate LoansRateSOFR Loan, of its intention to borrow, specifying (A) the date of such Borrowingborrowing, which shall be a Business Day, (B) the amount of such Borrowingborrowing, which shall be, (x) with respect to a Borrowing of Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR RateSOFR Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (y) with respect to a Borrowing of LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans in an aggregate principal amount of $25,000 or a whole multiple of $10,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the Type case of a Revolving Credit Loan whether the Loans are to be borrowed (provided that all Swingline LIBOR RateSOFR Loans shall be or Base Rate Loans), Loans and (E) in the case of a Borrowing of LIBOR Rate LoansRateSOFR Loan, the duration of the Interest Period applicable thereto. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a Borrowingborrowing of LIBOR RateSOFR Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 11:00 a.m. shall be deemed received on the next Business Day or U.S. Government Securities Business Day, as applicable. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing. Notwithstanding the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth herein.43 142128979_6 170630523_7

Appears in 1 contract

Samples: Credit Agreement (Ubiquiti Inc.)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form of attached as Exhibit B (a “Notice of Borrowing”) not later than 11:00 a.m. (i) on the requested date of any Borrowing of same Business Day as each Base Rate Loans or Loan and each Swingline Loans Loan and (ii) at least three (3) Business Days before the requested date of any Borrowing of each LIBOR Rate LoansLoan, of its intention to borrow, specifying (A) the date of such Borrowingborrowing, which shall be a Business Day, (B) the amount of such Borrowingborrowing, which shall be, (x) with respect to a Borrowing of Base Rate Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (yother than Swingline Loans) with respect to a Borrowing of LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, and (z) with respect to a Borrowing of Swingline Loans in an aggregate principal amount of $25,000 500,000 or a whole multiple of $10,000 100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the Type case of a Revolving Credit Loan whether the Loans are to be borrowed (provided that all Swingline LIBOR Rate Loans shall be or Base Rate Loans), and (E) in the case of a Borrowing of LIBOR Rate LoansLoan, the duration of the Interest Period applicable thereto. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing. Notwithstanding the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth herein.

Appears in 1 contract

Samples: Credit Agreement (SolarWinds, Inc.)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 11:00 a.m. 12:00 noon (i) on the requested date of any Borrowing of same Business Day as each Base Rate Loans or Loan and each Swingline Loans Loan and (ii) at least three (3) Business Days before the requested date of any Borrowing of each LIBOR Rate LoansLoan, of its intention to borrow, specifying (A) the date of such Borrowingborrowing, which shall be a Business Day, (B) the amount of such Borrowingborrowing, which shall be, be (x) with respect to a Borrowing of Base Rate Loans (other than Swingline Loans), in an aggregate principal amount of $500,000 2,000,000 or a whole multiple of $100,000 1,000,000 in excess thereof, provided that any borrowing of Base Rate Loans may be in an aggregate amount that is equal to the entire unused balance of the Revolving Credit Commitment or that is required to finance the amount of a Reimbursement Obligation under a Letter of Credit, (y) with respect to a Borrowing of LIBOR Rate Loans Loans, in an aggregate principal amount of $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans Loans, in an aggregate principal amount of $25,000 250,000 or a whole multiple of $10,000 100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the Type case of Loans a Revolving Credit Loan, whether such Loan is to be borrowed (provided that all Swingline Loans shall be a LIBOR Rate Loan or a Base Rate Loans)Loan, and (E) in the case of a Borrowing of LIBOR Rate LoansLoan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. 12:00 noon shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing. Notwithstanding the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth herein.

Appears in 1 contract

Samples: Credit Agreement (Fossil Inc)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 11:00 a.m. 12:00 noon (i) on the requested date of any Borrowing of same Business Day as each Base Rate Loans or Loan and each Swingline Loans Loan and (ii) at least three (3) Business Days before the requested date of any Borrowing of each LIBOR Rate LoansLoan, of its intention to borrow, specifying (A) the date of such Borrowingborrowing, which shall be a Business Day, (B) the amount of such Borrowingborrowing, which shall be, (x) with respect to a Borrowing of Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $500,000 2,000,000 or a whole multiple of $100,000 1,000,000 in excess thereof, (y) with respect to a Borrowing of LIBOR Rate Loans in an aggregate principal amount of $1,000,000 3,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans in an aggregate principal amount whole multiples of $25,000 or a whole multiple of $10,000 in excess thereof100,000, (C) whether such Loan is Loans are to be a Revolving Credit Loan Loans or Swingline LoanLoans, (D) in the Type case of Revolving Credit Loans whether the Loans are to be borrowed (provided that all Swingline LIBOR Rate Loans shall be or Base Rate Loans), and (E) in the case of a Borrowing of LIBOR Rate Loans, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. 12:00 noon shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing. Notwithstanding the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth herein.

Appears in 1 contract

Samples: Credit Agreement (Corrections Corp of America)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 11:00 a.m. (i) on the requested date of any Borrowing of same Business Day as each Base Rate Loans or Loan and each Swingline Loans Loan and (ii) at least three (3) Business Days before the requested date of any Borrowing of each LIBOR Rate LoansLoan, of its intention to borrow, specifying (A) the date of such Borrowingborrowing, which shall be a Business Day, (B) the amount of such Borrowingborrowing, which shall be, (x) with respect to a Borrowing of Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $500,000 3,000,000 or a whole multiple of $100,000 1,000,000 in excess thereof, (y) with respect to a Borrowing of LIBOR Rate Loans in an aggregate principal amount of $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans in an aggregate principal amount of $25,000 100,000 or a whole multiple of $10,000 100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the Type case of a Revolving Credit Loan whether the Loans are to be borrowed (provided that all Swingline LIBOR Rate Loans shall be or Base Rate Loans), and (E) in the case of a Borrowing of LIBOR Rate LoansLoan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing. Notwithstanding the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth herein.

Appears in 1 contract

Samples: Credit Agreement (Medimmune Inc /De)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit EXHIBIT B (a "Notice of Borrowing") not later than 11:00 a.m. 12:00 p.m. (i) on the requested date of any Borrowing of same Business Day for each Base Rate Loans or Loan and each Swingline Loans Loan and (ii) at least three (3) Business Days before the requested date of any Borrowing of each LIBOR Rate LoansLoan, of its intention to borrow, specifying (A) the date of such Borrowingborrowing, which shall be a Business Day, (B) the amount of such Borrowingborrowing, which shall be, (x) with respect to a Borrowing of Base Rate Loans (other than Swingline Loans), (1) in an aggregate principal amount of $500,000 1,000,000 or a whole multiple of $100,000 500,000 in excess thereofthereof or (2) equal to the remaining available balance of the applicable Commitments, (y) with respect to a Borrowing of LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans in an aggregate principal amount of $25,000 500,000 or a whole multiple of $10,000 100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the Type case of a Revolving Credit Loan whether the Loans are to be borrowed (provided that all Swingline LIBOR Rate Loans shall be or Base Rate Loans), and (E) in the case of a Borrowing of LIBOR Rate LoansLoan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. 12:00 p.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing. Notwithstanding the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth herein.

Appears in 1 contract

Samples: Credit Agreement (Cross Country Healthcare Inc)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form of attached hereto as Exhibit B (a "Notice of Revolving Credit Borrowing") not later than 11:00 a.m. (Charlotte time) (i) on the requested date of any Borrowing of at least one (1) Business Day before each Revolving Credit Loan which is initially to be a Base Rate Loans or Swingline Loans Loan is to be made and (ii) at least three (3) Business Days before the requested date of any Borrowing of each Revolving Credit Loan which is initially to be a LIBOR Rate LoansLoan is to be made, of its intention to borrow, specifying (A) the date of such Borrowingborrowing, which shall be a Business Day, (B) the amount of such Borrowingborrowing, which shall bebe in an amount equal to the amount of the Aggregate Revolving Credit Commitment then available to the Borrower, or if less, (x) with respect to a Borrowing of Base Rate Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (y) with respect to a Borrowing of LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (zy) with respect to a Borrowing of Swingline LIBOR Rate Loans in an aggregate principal amount of $25,000 5,000,000 or a whole multiple of $10,000 1,000,000 in excess thereof, (C) whether such Loan is Revolving Credit Loans are initially to be a Revolving Credit Loan LIBOR Rate Loans or Swingline Loan, (D) the Type of Loans to be borrowed (provided that all Swingline Loans shall be Base Rate Loans), and (ED) in the case of a Borrowing of LIBOR Rate LoansLoan, the duration of the initial Interest Period applicable thereto. A Notice of Borrowing Notices received after 11:00 a.m. (Charlotte time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing. Notwithstanding Revolving Credit Borrowing received by the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth hereinAdministrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Richfood Holdings Inc)

Requests for Borrowing. The applicable Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 11:00 a.m. 1:00 p.m. (i) on the requested date of any Borrowing of same Business Day as each Swingline Loan, (ii) at least one (1) Business Day before each Base Rate Loans or Swingline Loans Loan and (iiiii) at least three (3) Business Days before the requested date of any Borrowing of each LIBOR Rate LoansLoan, of its intention to borrow, specifying (A) the date of such Borrowingborrowing, which shall be a Business Day, (B) the amount of such Borrowingborrowing, which shall be, (x) with respect to a Borrowing of Base Rate Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (yother than Swingline Loans) with respect to a Borrowing of LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans in an aggregate principal amount of $25,000 500,000 or a whole multiple of $10,000 100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the Type case of a Revolving Credit Loan whether the Loans are to be borrowed (provided that all Swingline LIBOR Rate Loans shall be or Base Rate Loans), Loans and (E) in the case of a Borrowing of LIBOR Rate LoansLoan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. 1:00 p.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing. Notwithstanding the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth herein.

Appears in 1 contract

Samples: Pledge Agreement (Coeur D Alene Mines Corp)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form of attached hereto as Exhibit B (a "Notice of Borrowing") not later than 11:00 a.m. (Charlotte time) (i) on the requested date of any Borrowing of same Business Day as each Base Rate Loans or Loan and each Swingline Loans Loan and (ii) at least three (3) Business Days before the requested date of any Borrowing of each LIBOR Rate LoansLoan, of its intention to borrow, specifying (A) the date of such Borrowingborrowing, which shall be a Business Day, (B) the amount of such Borrowingborrowing, which shall be, be (x) with respect to a Borrowing of Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $500,000 2,500,000 or a whole multiple of $100,000 in excess thereof, (y) with respect to a Borrowing of LIBOR Rate Loans in an aggregate principal amount of $1,000,000 2,500,000 or a whole multiple of $500,000 100,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans in an aggregate principal amount of $25,000 50,000 or a whole multiple of $10,000 50,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) whether the Type of Revolving Credit Loans are to be borrowed (provided that all Swingline LIBOR Rate Loans shall be or Base Rate Loans), and (E) in the case of a Borrowing of LIBOR Rate LoansLoan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. (Charlotte time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing. Notwithstanding the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time Borrowing by telecopier (or funding requirements set forth hereinby telephone promptly confirmed by telecopier).

Appears in 1 contract

Samples: Credit Agreement (DRS Technologies Inc)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form of attached hereto as Exhibit B (a "Notice of Borrowing") not later than 11:00 a.m. 12:00 Noon (Charlotte time) (i) on the requested date of any Borrowing of same Business Day as each Base Rate Loans or Swingline Loans Loan, and (ii) at least three (3) Business Days before the requested date of any Borrowing of each LIBOR Rate LoansLoan denominated in Dollars and not later than 11:00 a.m. (the time of the Administrative Agent's Correspondent) at least four (4) Business Days before each LIBOR Rate Loan denominated in an Alternative Currency, of its intention to borrow, specifying (A) the date of such Borrowingborrowing, which shall be a Business Day, (B) whether the Loan shall be denominated in Dollars or an Alternative Currency, (C) if denominated in Dollars, whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, (D) the amount of such Borrowingborrowing, which shall not exceed an amount equal to the amount of the Aggregate Commitment or Alternative Currency Commitment, as applicable, then available to the Borrower, and shall be, (x) with respect to a Borrowing of Base Rate Loans in an aggregate principal amount of $500,000 2,500,000 or a whole multiple of $100,000 500,000 in excess thereof, (y) with respect to a Borrowing of LIBOR Rate Loans denominated in Dollars, in an aggregate principal amount of $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof and (z) with respect to a Borrowing of Swingline LIBOR Rate Loans denominated in an Alternative Currency, in an aggregate principal amount of $25,000 2,000,000 or a whole multiple of $10,000 500,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) the Type of Loans to be borrowed (provided that all Swingline Loans shall be Base Rate Loans), and (E) in the case of a Borrowing of LIBOR Rate LoansLoan, the duration of the Interest Period applicable thereto. A Notice of Borrowing Notices received after 12:00 Noon (Charlotte time) (or 11:00 a.m. (the time of the Administrative Agent's Correspondent) with respect to Alternative Currency Loans) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing. Notwithstanding the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth herein.

Appears in 1 contract

Samples: Credit Agreement (Insignia Esg Holdings Inc)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 11:00 10:00 a.m. (i) on the requested date of any Borrowing of same Business Day as each Base Rate Loans or Swingline Loans Loan and (ii) at least three (3) Business Days before the requested date of any Borrowing of each LIBOR Rate LoansLoan, of its intention to borrow, specifying (A) the date of such Borrowingborrowing, which shall be a Business Day, (B) the amount of such Borrowingborrowing, which shall be, (xy) with respect to a Borrowing of Base Rate Loans in an aggregate principal amount of $500,000 1,000,000 or a whole multiple of $100,000 1,000,000 in excess thereof, thereof and (yz) with respect to a Borrowing of LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans in an aggregate principal amount of $25,000 or a whole multiple of $10,000 1,000,000 in excess thereof, (C) whether such Loan is the Revolving Credit Loans are to be a Revolving Credit Loan LIBOR Rate Loans or Swingline Loan, (D) the Type of Loans to be borrowed (provided that all Swingline Loans shall be Base Rate Loans), and (ED) in the case of a Borrowing of LIBOR Rate LoansLoan, the duration of the Interest Period applicable thereto. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 11:00 10:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing. Notwithstanding the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth herein.

Appears in 1 contract

Samples: Credit Agreement (Cirrus Logic, Inc.)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 11:00 a.m. (i) 3:00 p.m. on the requested date of any Borrowing of same Business Day as each Swingline Loan, (ii) 11:00 a.m. on the same Business Day as each Base Rate Loans or Swingline Loans Loan and (iiiii) at least three (3) Business Days before the requested date of any Borrowing of each LIBOR Rate LoansLoan, of its intention to borrow, specifying (A) the date of such Borrowingborrowing, which shall be a Business Day, (B) the amount of such Borrowingborrowing, which shall be, (x) with respect to Revolving Loans in an aggregate principal amount of $1,000,000 or a Borrowing whole multiple of Base Rate $500,000 in excess thereof and (y) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (y) with respect to a Borrowing of LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans in an aggregate principal amount of $25,000 or a whole multiple of $10,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the Type case of a Revolving Loan whether the Loans are to be borrowed (provided that all Swingline LIBOR Rate Loans shall be or Base Rate Loans), and (E) in the case of a Borrowing of LIBOR Rate LoansLoan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. (or, in respect of any Swingline Loan, 3:00 p.m.) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Lenders of each Notice of Borrowing. Notwithstanding the foregoing, Swingline Borrowings may all Revolving Loans made on the Closing Date shall be made and repaid pursuant to terms otherwise set forth in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth hereinas Base Rate Loans.

Appears in 1 contract

Samples: Credit Agreement (Orbital Sciences Corp /De/)

Requests for Borrowing. The Borrower Agent, on behalf of itself or the Cayman Borrower, shall give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 11:00 a.m. (i) on the requested date of any Borrowing of same Business Day as each Base Rate Loans or Loan and each Swingline Loans Loan and (ii) at least three (3) Business Days before the requested date of any Borrowing of each LIBOR Rate LoansLoan, of its intention to borrow, specifying (A) the date of such Borrowingborrowing, which shall be a Business Day, (B) the amount of such Borrowingborrowing, which shall be, (x) with respect to a Borrowing of Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (y) with respect to a Borrowing of LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans in an aggregate principal amount of $25,000 or a whole multiple of $10,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the Type case of a Revolving Credit Loan whether the Loans are to be borrowed (provided that all Swingline LIBOR Rate Loans shall be or Base Rate Loans), (E) whether such Loan will be made to the Parent Borrower or the Cayman Borrower and (F and (E) in the case of a Borrowing of LIBOR Rate LoansLoan, the duration of the Interest Period applicable thereto. If the Borrower Agent fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower Agent requests a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing. Notwithstanding the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth herein.(b)

Appears in 1 contract

Samples: Credit Agreement (Ubiquiti Inc.)

Requests for Borrowing. The Borrower shall give (i) the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B or such other form as may be reasonably approved by the Administrative Agent or the Swingline Lender, as applicable (including any form on an electronic platform or electronic transmission system as shall be approved by the Administrative Agent or the Swingline Lender, as applicable), appropriately completed and signed by a Responsible Officer of the Borrower (a “Notice of Borrowing”) ), not later than 11:00 a.m. 12:00 noon (iA) on the requested date of any Borrowing of one Business Day before each Base Rate Loans or Swingline Loans Loan and (iiB) at least three (3) Business Days before (or, solely in the requested date case of any Loans made on the Closing Date, at least one (1) Business Day) before each SOFR Loan, and (ii) the Swingline Lender (with a copy to the Administrative Agent) a Notice of Borrowing of LIBOR Rate Loans(which shall be irrevocable), not later than 12:00 noon on the same Business Day as each Swingline Loan, of its intention to borrow, specifying (A) the date of such Borrowingborrowing, which shall be a Business Day, (B) the amount of such Borrowingborrowing, which shall be, (x) with respect to a Borrowing of Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $500,000 2,000,000 or a whole multiple of $100,000 1,000,000 in excess thereof, (y) with respect to a Borrowing of LIBOR Rate SOFR Loans in an aggregate principal amount of $1,000,000 3,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans in an aggregate principal amount whole multiples of $25,000 or a whole multiple of $10,000 in excess thereof100,000, (C) whether such Loan is Loans are to be a Revolving Credit Loan Loans or Swingline LoanLoans, (D) in the Type case of Revolving Credit Loans whether the Loans are to be borrowed (provided that all Swingline SOFR Loans shall be or Base Rate Loans), and (E) in the case of a Borrowing of LIBOR Rate SOFR Loans, the duration of the Interest Period applicable theretothereto (provided that any Revolving Credit Loans made on the Closing Date shall be made as Base Rate Loans unless the Borrower has delivered to the Administrative Agent a funding indemnity letter in form and substance reasonably satisfactory to the Administrative Agent not less than one (1) Business Day prior to the date of such Revolving Credit Loans); provided that, notwithstanding the foregoing, the Borrower may provide such notice of a Swingline Loan to the Swingline Lender by telephone; provided that any telephonic notice must be confirmed promptly thereafter by delivery to the Swingline Lender (with a copy to the Administrative Agent) of a Notice of Borrowing. A Notice of Borrowing received after 11:00 a.m. 12:00 noon shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing. Notwithstanding the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth herein.

Appears in 1 contract

Samples: Credit Agreement (CoreCivic, Inc.)

Requests for Borrowing. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 11:00 a.m. (i) 11:00 a.m. on the requested date of any Borrowing of same Business Day as each Base Rate Loans or Swingline Loans and Loan, (ii) 11:00 a.m. on the same Business Day as each Swingline Loan and (iii) 11:00 a.m. at least three (3) Business Days before the requested date of any Borrowing of each LIBOR Rate LoansLoan, of its intention to borrow, specifying (A) the date of such Borrowingborrowing, which shall be a Business Day, (B) the amount of such Borrowingborrowing, which shall be, (x) with respect to a Borrowing of Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $500,000 100,000 or a whole multiple of $100,000 in excess thereof, (y) with respect to a Borrowing of LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 100,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans in an aggregate principal amount of $25,000 100,000 or a whole multiple of $10,000 100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the Type case of a Revolving Credit Loan whether the Loans are to be borrowed (provided that all Swingline LIBOR Rate Loans shall be or Base Rate Loans), and (E) in the case of a Borrowing of LIBOR Rate LoansLoan, the duration of the Interest Period applicable thereto. If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing. Notwithstanding the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth herein.

Appears in 1 contract

Samples: Credit Agreement (Patrick Industries Inc)

Requests for Borrowing. The Borrower shall give By delivering to the Administrative Agent irrevocable prior written a Loan Request on or before 10:00 a.m., Boston time, the Borrower may from time to time request, on not less than one nor more than five Business Days' notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 11:00 a.m. (i) on the requested date of any Borrowing of for Base Rate Tranches (or not less than three nor more than five Business Days' notice for Eurodollar Tranches), that Revolving Loans or Swingline Loans and (ii) at least three (3) Business Days before be made by the requested date of any Borrowing of LIBOR Rate Loans, of its intention to borrow, specifying (A) the date of such Borrowing, which shall be Lenders in a Business Day, (B) the amount of such Borrowing, which shall be, (x) with respect to a Borrowing of Base Rate Loans in an minimum aggregate original principal amount of $500,000 1,000,000, or a whole any integral multiple of $100,000 in excess thereof, on the Drawdown Date (ywhich must be a Business Day) with respect to a Borrowing of LIBOR Rate Loans specified in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans in an aggregate principal amount of $25,000 or a whole multiple of $10,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) the Type of Loans to be borrowed (provided that all Swingline Loans shall be Base Rate Loans), and (E) in the case of a Borrowing of LIBOR Rate Loans, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 11:00 a.m. shall be deemed received on the next Business DayRequest. The Administrative Agent shall promptly notify the Lenders of the receipt of any such Loan Request. Subject to the terms and conditions of this Agreement, on or before 12:00 p.m., Boston time, on the Drawdown Date specified in the Loan Request, each Notice Lender shall provide the Administrative Agent with funds in an amount equal to such Lender's Percentage of Borrowingthe requested Revolving Loans, by transferring immediately available funds to such account as the Administrative Agent shall specify from time to time by notice to the Lenders. Notwithstanding the foregoing, Swingline Borrowings may The proceeds of each Borrowing shall be made and repaid available by the Administrative Agent to the Borrower on the Drawdown Date specified in the Loan Request by wire transferring such funds in such amount or causing such funds in such amount to be wire transferred to such account of the Borrower, or to such designees of the Borrower, as shall be designated by the Borrower to the Administrative Agent in the Loan Request therefor. Each request for Revolving Loans made pursuant to terms otherwise set forth this Section 3.1.1 shall constitute the representation and warranty of the Borrower made to the Agents and the Lenders that all of the applicable conditions contained in any applicable Treasury Management Agreement without Article VII will, after giving effect to any minimum amountssuch Revolving Loans, noticebe satisfied, time or funding requirements set forth hereinand the making available of such Revolving Loans to the Borrower shall be subject to the satisfaction of the applicable conditions of Article VII.

Appears in 1 contract

Samples: Credit Agreement (Chiquita Brands International Inc)

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