Requests for Borrowing. The Borrower shall give the Administrative Agent and, with respect to each Swingline Loan, the Swingline Lender irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 12:00 p.m. (i) on the same Business Day as each Canadian Prime Rate Loan, each Base Rate Loan and each Swingline Loan, (ii) at least one (1) Business Day before each BA Loan and (iii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day; (B) the applicable Permitted Currency with respect to such borrowing; (C) the amount of such borrowing, which shall be, (1) with respect to Canadian Prime Rate Loans (other than Swingline Loans) in an aggregate principal amount of C$1,000,000 or a whole multiple of C$500,000 in excess thereof, (2) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, (3) with respect to BA Loans in an aggregate principal amount of C$1,000,000 or a whole multiple of C$500,000 in excess thereof, (4) with respect to LIBOR Rate Loans denominated in Canadian Dollars in an aggregate principal amount of C$3,000,000 or a whole multiple of C$1,000,000 in excess thereof, (5) with respect to LIBOR Rate Loans denominated in Dollars in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof and (6) with respect to Swingline Loans in any amount of Canadian Dollars or Dollars (as applicable); (D) whether such Loan is to be a Revolving Credit Loan or Swingline Loan; (E) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans, Canadian Prime Rate Loans, Base Rate Loans or BA Loans; and (E) in the case of a LIBOR Rate Loan or any BA Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 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.
Appears in 4 contracts
Samples: Seventh Amendment (Bowater Inc), Third Amendment and Waiver (Bowater Inc), Fourth Amendment (Bowater Inc)
Requests for Borrowing. The Borrower shall give the Administrative Agent and, with respect to each Swingline Loan, the Swingline Lender irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 12:00 p.m. (i) on the same Business Day as each Canadian Prime Rate Loan, each Base Rate Loan and each Swingline Loan, (ii) at least one (1) Business Day before each BA Loan and (iiiii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day; , (B) the applicable Permitted Currency with respect to such borrowing; (C) the amount of such borrowing, which shall be, (1) with respect to Canadian Prime Rate Loans (other than Swingline Loans) in an aggregate principal amount of C$1,000,000 or a whole multiple of C$500,000 in excess thereof, (2x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof, (3y) with respect to BA LIBOR Rate Loans in an aggregate principal amount of C$1,000,000 or a whole multiple of C$500,000 in excess thereof, (4) with respect to LIBOR Rate Loans denominated in Canadian Dollars in an aggregate principal amount of C$3,000,000 or a whole multiple of C$1,000,000 in excess thereof, (5) with respect to LIBOR Rate Loans denominated in Dollars in an aggregate principal amount of $3,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof and (6z) with respect to Swingline Loans in any an aggregate principal amount of Canadian Dollars $500,000 or Dollars a whole multiple of $100,000 in excess thereof, (as applicable); (DC) whether such Loan is to be a Revolving Credit Loan or Swingline Loan; , (ED) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans, Canadian Prime Loans or Base Rate Loans, Base Rate Loans or BA Loans; and (E) in the case of a LIBOR Rate Loan or any BA 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 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 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.
Appears in 4 contracts
Samples: Credit Agreement (Switch, Inc.), Credit Agreement (Switch, Inc.), Credit Agreement (Switch, Inc.)
Requests for Borrowing. The Borrower shall give the Administrative Agent and, with respect to each Swingline Loan, the Swingline Lender irrevocable prior written notice substantially in the form of attached hereto as Exhibit B (a “Notice of Borrowing”) not later than 12:00 2:00 p.m. (i) on the same Business Day as each Canadian Prime Rate Loan, each Base Rate Loan and each Swingline Loan, (ii) at least one (1) Business Day before each BA Loan and (iiiii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day; , (B) the applicable Permitted Currency with respect to such borrowing; (C) the amount of such borrowing, which shall be, be (1) with respect to Canadian Prime Rate Loans (other than Swingline Loans) in an aggregate principal amount of C$1,000,000 or a whole multiple of C$500,000 in excess thereof, (2x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, (3y) with respect to BA LIBOR Rate Loans in an aggregate principal amount of C$1,000,000 $5,000,000 or a whole multiple of C$$500,000 in excess thereof, thereof and (4z) with respect to LIBOR Rate Swingline Loans denominated in Canadian Dollars in an aggregate principal amount of C$3,000,000 or a whole multiple of C$1,000,000 in excess thereof, (5) with respect to LIBOR Rate Loans denominated in Dollars in an aggregate principal amount of $3,000,000 100,000 or a whole multiple of $1,000,000 100,000 in excess thereof and thereof, (6) with respect to Swingline Loans in any amount of Canadian Dollars or Dollars (as applicable); (DC) whether such Loan is to be a Revolving Credit Loan or Swingline Loan; , (ED) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans, Canadian Prime Loans or Base Rate Loans, Base Rate Loans or BA Loans; and (E) in the case of a LIBOR Rate Loan or any BA Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 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 contrary contained in this Agreement, 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 substance reasonably satisfactory to the Administrative Agent indemnifying the Lenders in the manner set forth in Section 5.9 of this Agreement and 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 applicable Borrower shall give the Administrative Agent and, with respect to each Swingline Loan, the Swingline Lender irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 12:00 p.m. 11:00 a.m. (i) on the same Business Day as each Canadian Prime Rate Loan, each Base Rate Loan and each Swingline Loan, (ii) at least one three (13) Business Day Days before each BA LIBOR Rate Loan denominated in Dollars and (iii) at least three (3) Business Days before each LIBOR Rate LoanLoan denominated in an Alternative Currency, of its intention to borrow, specifying specifying: (A) the Borrower of such Loan, (B) the date of such borrowing, which shall be a Business Day; (B) the applicable Permitted Currency with respect to such borrowing; , (C) if such Borrower is the U.S. Borrower, whether such Loan is to be a Revolving Credit Loan or a Swingline Loan, (D) if such Loan is denominated in Dollars, whether such Loan shall be a LIBOR Rate Loan or a Base Rate Loan, (E) in the case of a LIBOR Rate Loan, the duration of the Interest Period applicable thereto and (F) the amount of such borrowing, which shall be, borrowings and (1) with respect to Canadian Prime Rate Loans (other than Swingline Loans) in an aggregate principal amount of C$1,000,000 or a whole multiple of C$500,000 in excess thereof, (2) with respect to Base Rate Loans (other than Swingline Loans) ), in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, (3) with respect to BA Loans in an aggregate principal amount of C$1,000,000 or a whole multiple of C$500,000 in excess thereof, (42) with respect to LIBOR Rate Loans denominated in Canadian Dollars Dollars, in an aggregate principal amount of C$3,000,000 $1,000,000 or a whole multiple of C$1,000,000 $500,000 in excess thereof, and (53) with respect to LIBOR Rate Loans denominated in Dollars an Alternative Currency, in an aggregate principal Alternative Currency Amount of 1,000,000 Euro or a whole multiple of 500,000 Euro in excess thereof and (4) with respect to Swingline Loans, in an aggregate principal amount of $3,000,000 100,000 or a whole multiple of $1,000,000 100,000 in excess thereof thereof; provided, however, that (x) Swingline Loans may only be denominated in Dollars and may only be made to the U.S. Borrower, (y) the U.S. Borrower may only borrow Loans denominated in Dollars, and (6z) with respect to Swingline the Belgian Borrower may only borrow Revolving Credit Loans in any amount of Canadian Dollars or Dollars (as applicable); (D) whether such Loan is to be a Revolving Credit Loan or Swingline Loan; (E) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans, Canadian Prime Rate Loans, Base Rate Loans or BA Loans; and (E) in the case of a LIBOR Rate Loan or any BA Loan, the duration of the Interest Period applicable theretoAlternative Currency. A Notice of Borrowing received after 12:00 p.m. 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.
Appears in 2 contracts
Samples: Credit Agreement (Tekelec), Credit Agreement (Tekelec)
Requests for Borrowing. The Borrower shall give the Administrative Agent and, with respect to each Swingline LoanLoan (other than a Swingline Loan made by way of overdraft), the Swingline Lender irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 12:00 p.m. (i) on the same Business Day as each Canadian Prime Rate Loan, each Base Rate Loan and each Swingline Loan, (ii) at least one (1) Business Day before each BA Loan and (iii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day; (B) the applicable Permitted Currency with respect to such borrowing; (C) the amount of such borrowing, which shall be, (1) with respect to Canadian Prime Rate Loans (other than Swingline Loans) in an aggregate principal amount of C$1,000,000 or a whole multiple of C$500,000 in excess thereof, (2) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, (3) with respect to BA Loans in an aggregate principal amount of C$1,000,000 or a whole multiple of C$500,000 in excess thereof, (4) with respect to LIBOR Rate Loans denominated in Canadian Dollars in an aggregate principal amount of C$3,000,000 or a whole multiple of C$1,000,000 in excess thereof, (5) with respect to LIBOR Rate Loans denominated in Dollars in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof and (6) with respect to Swingline Loans in any amount of Canadian Dollars or Dollars (as applicable); (D) whether such Loan is to be a Revolving Credit Loan or Swingline Loan; (E) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans, Canadian Prime Rate Loans, Base Rate Loans or BA Loans; and (E) in the case of a LIBOR Rate Loan or any BA Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 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.
Appears in 2 contracts
Samples: Credit Agreement (Bowater Inc), Credit Agreement (Bowater Inc)
Requests for Borrowing. The Borrower shall give the Administrative Agent and, with respect to each Swingline LoanLoan (other than a Swingline Loan made by way of overdraft), the Swingline Lender irrevocable prior written notice substantially in the form of Exhibit B (a “"Notice of Borrowing”") not later than 12:00 p.m. (i) on the same Business Day as each Canadian Prime Rate Loan, each Base Rate Loan and each Swingline Loan, (ii) at least one (1) Business Day before each BA Loan and (iii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day; (B) the applicable Permitted Currency with respect to such borrowing; (C) the amount of such borrowing, which shall be, (1) with respect to Canadian Prime Rate Loans (other than Swingline Loans) in an aggregate principal amount of C$1,000,000 or a whole multiple of C$500,000 in excess thereof, (2) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, (3) with respect to BA Loans in an aggregate principal amount of C$1,000,000 or a whole multiple of C$500,000 in excess thereof, (4) with respect to LIBOR Rate Loans denominated in Canadian Dollars in an aggregate principal amount of C$3,000,000 or a whole multiple of C$1,000,000 in excess thereof, (5) with respect to LIBOR Rate Loans denominated in Dollars in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof and (6) with respect to Swingline Loans in any amount of Canadian Dollars or Dollars (as applicable); (D) whether such Loan is to be a Revolving Credit Loan or Swingline Loan; (E) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans, Canadian Prime Rate Loans, Base Rate Loans or BA Loans; and (E) in the case of a LIBOR Rate Loan or any BA Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 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.
Appears in 2 contracts
Samples: Credit Agreement (AbitibiBowater Inc.), Credit Agreement (AbitibiBowater Inc.)
Requests for Borrowing. The Borrower shall give the Administrative Agent and, with respect to each Swingline Loan, the Swingline Lender irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) to (i) the Administrative Agent with respect to any Loan (other than a Swingline Loan made by way of overdraft) and (ii) the Swingline Lender, with respect to each Swingline Loan (other than a Swingline Loan made by way of overdraft). Such Notice of Borrowing shall be delivered not later than 12:00 p.m. (i) on the same Business Day as each Canadian Prime Rate Loan, each Base Rate Loan and each Swingline Loan, (ii) at least one (1) Business Day before each BA Loan and (iii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day; (B) the applicable Permitted Currency with respect to such borrowing; (C) the amount of such borrowing, which shall be, (1) with respect to Canadian Prime Rate Loans (other than Swingline Loans) in an aggregate principal amount of C$1,000,000 or a whole multiple of C$500,000 in excess thereof, (2) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, (3) with respect to BA Loans in an aggregate principal amount of C$1,000,000 or a whole multiple of C$500,000 in excess thereof, (4) with respect to LIBOR Rate Loans denominated in Canadian Dollars in an aggregate principal amount of C$3,000,000 or a whole multiple of C$1,000,000 in excess thereof, (5) with respect to LIBOR Rate Loans denominated in Dollars in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof and (6) with respect to Swingline Loans in any amount of Canadian Dollars or Dollars (as applicable); (D) whether such Loan is to be a Revolving Credit Loan or Swingline Loan; (E) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans, Canadian Prime Rate Loans, Base Rate Loans or BA Loans; and (EF) in the case of a LIBOR Rate Loan or any BA Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 p.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the applicable Lenders of each Notice of Borrowing.
Appears in 2 contracts
Samples: Eleventh Amendment and Consent (AbitibiBowater Inc.), Eleventh Amendment and Consent (Bowater Inc)
Requests for Borrowing. The applicable Borrower shall give the Administrative Agent and, with respect to each Swingline Loan, the Swingline Lender irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 12:00 p.m. 11:00 a.m. (i) on the same Business Day as each Canadian Prime Rate Loan, each Base Rate Loan and each US Swingline Loan, (ii) at least one (1) Business Day before each BA Canadian Base Rate Loan and each Canadian Swingline Loan and (iii) at least three (3) Business Days before each LIBOR Rate Loan and each CDOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day; , (B) the applicable Permitted Currency with respect to such borrowing; (C) the amount of such borrowing, which shall be, (1) with respect to Canadian Prime Rate Loans (other than Swingline Loans) in an aggregate principal amount of C$1,000,000 or a whole multiple of C$500,000 in excess thereof, (2x) with respect to Base Rate Loans and Canadian Revolving Credit Loans (other than Canadian Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 100,000 in excess thereof, (3) with respect to BA Loans in an aggregate principal amount of C$1,000,000 or a whole multiple of C$500,000 in excess thereof, (4y) with respect to LIBOR Rate Loans denominated in Canadian Dollars in an aggregate principal amount of C$3,000,000 or a whole multiple of C$1,000,000 in excess thereofLoans, (5) with respect to LIBOR Rate Loans denominated in Dollars in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof and (6z) with respect to Swingline Loans in any an aggregate principal amount of Canadian Dollars $25,000 or Dollars a whole multiple of $25,000 in excess thereof, (as applicable); (DC) whether such Loan is to be a US Revolving Credit Loan, Canadian Revolving Credit Loan, US Swingline Loan or Canadian Swingline Loan; , (D) in the case of a US Revolving Credit Loan, whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, (E) in the case of a Canadian Revolving Credit Loan Loan, whether the Loans are to be LIBOR CDOR Rate Loans or Canadian Base Rate Loans, Canadian Prime Rate Loans, Base Rate Loans or BA Loans; and (EF) in the case of a LIBOR Rate Loan or any BA Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 p.m. 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.
Appears in 2 contracts
Samples: Credit Agreement (DXP Enterprises Inc), Credit Agreement (DXP Enterprises Inc)
Requests for Borrowing. The applicable Borrower shall give the Administrative Agent and, with respect to each Swingline Loan, the Swingline Lender irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 12:00 p.m. 11:00 a.m. (i) on the same Business Day as each Canadian Prime Base Rate Loan, each Base Rate US Swingline Loan and each Canadian Swingline Loan, (ii) at least one (1) Business Day before each BA Canadian Base Rate Loan and (other than Canadian Swingline Loans), (iii) at least three (3) Business Days before each LIBOR Rate Loan and (iv) at least four (4) Business Days before each CDOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day; , (B) the applicable Permitted Currency with respect to such borrowing; (C) the amount of such borrowing, which shall be, (1) with respect to Canadian Prime Rate Loans (other than Swingline Loans) in an aggregate principal amount of C$1,000,000 or a whole multiple of C$500,000 in excess thereof, (2x) with respect to Base Rate Loans (other than Swingline Loans) and Canadian Revolving Credit Loans in an aggregate principal amount of $1,000,000 2,000,000 (or C$2,000,000) or a whole multiple of $500,000 (or C$500,000) in excess thereof, (y) with respect to LIBOR Rate Loans, in an aggregate principal amount of $2,000,000 or a whole multiple of $500,000 in excess thereof, thereof and (3z) with respect to BA Swingline Loans in an aggregate principal amount of $500,000 (or C$1,000,000 or a whole multiple of C$500,000 in excess thereof, (4500,000) with respect to LIBOR Rate Loans denominated in Canadian Dollars in an aggregate principal amount of C$3,000,000 or a whole multiple of C$1,000,000 in excess thereof, (5) with respect to LIBOR Rate Loans denominated in Dollars in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 100,000 (or C$100,000) in excess thereof and thereof, (6) with respect to Swingline Loans in any amount of Canadian Dollars or Dollars (as applicable); (DC) whether such Loan is to be a US Revolving Credit Loan, Canadian Revolving Credit Loan, US Swingline Loan or Canadian Swingline Loan; , (D) in the case of a US Revolving Credit Loan, whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, (E) in the case of a Canadian Revolving Credit Loan Loan, whether the Loans are to be LIBOR CDOR Rate Loans or Canadian Base Rate Loans, Canadian Prime Rate Loans, Base Rate Loans or BA Loans; and (EF) in the case of a LIBOR Rate Loan or any BA a CDOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 p.m. 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.
Appears in 2 contracts
Samples: Credit Agreement (Southwest Gas Corp), Credit Agreement (Southwest Gas Corp)
Requests for Borrowing. The Borrower shall give the Administrative Agent and, with respect to each Swingline Loan, the Swingline Lender irrevocable prior written notice substantially in the form of Exhibit B (a “"Notice of Borrowing”") not later than 12:00 p.m. (i) on the same Business Day as each Canadian Prime Rate Loan, each Base Rate Loan and each Swingline Loan, (ii) at least one (1) Business Day before each BA Loan and (iii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day; (B) the applicable Permitted Currency with respect to such borrowing; (C) the amount of such borrowing, which shall be, (1) with respect to Canadian Prime Rate Loans (other than Swingline Loans) in an aggregate principal amount of C$1,000,000 or a whole multiple of C$500,000 in excess thereof, (2) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, (3) with respect to BA Loans in an aggregate principal amount of C$1,000,000 or a whole multiple of C$500,000 in excess thereof, (4) with respect to LIBOR Rate Loans denominated in Canadian Dollars in an aggregate principal amount of C$3,000,000 or a whole multiple of C$1,000,000 in excess thereof, (5) with respect to LIBOR Rate Loans denominated in Dollars in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof and (6) with respect to Swingline Loans in any amount of Canadian Dollars or Dollars (as applicable); (D) whether such Loan is to be a Revolving Credit Loan or Swingline Loan; (E) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans, Canadian Prime Rate Loans, Base Rate Loans or BA Loans; and (E) in the case of a LIBOR Rate Loan or any BA Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 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.
Appears in 2 contracts
Samples: Third Amendment and Waiver (AbitibiBowater Inc.), Seventh Amendment (AbitibiBowater Inc.)
Requests for Borrowing. The applicable Borrower shall give the Administrative Agent and, with respect to each Swingline Loan, the Swingline Lender irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 12:00 p.m. 11:00 a.m. (i) on the same Business Day as each Canadian Prime Base Rate Loan, each Base Rate US Swingline Loan and each Canadian Swingline Loan, (ii) at least one (1) Business Day before each BA Canadian Base Rate Loan and (other than Canadian Swingline Loans), (iii) at least three (3) US Government Securities Business Days before each LIBOR SOFR Loan and (iv) at least four (4) Business Days before each CDOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day; , (B) the applicable Permitted Currency with respect to such borrowing; (C) the amount of such borrowing, which shall be, (1) with respect to Canadian Prime Rate Loans (other than Swingline Loans) in an aggregate principal amount of C$1,000,000 or a whole multiple of C$500,000 in excess thereof, (2x) with respect to Base Rate Loans (other than Swingline Loans) and Canadian Revolving Credit Loans in an aggregate principal amount of $1,000,000 2,000,000 (or C$2,000,000) or a whole multiple of $500,000 (or C$500,000) in excess thereof, (y) with respect to SOFR Loans, in an aggregate principal amount of $2,000,000 or a whole multiple of $500,000 in excess thereof, thereof and (3z) with respect to BA Swingline Loans in an aggregate principal amount of $500,000 (or C$1,000,000 or a whole multiple of C$500,000 in excess thereof, (4500,000) with respect to LIBOR Rate Loans denominated in Canadian Dollars in an aggregate principal amount of C$3,000,000 or a whole multiple of C$1,000,000 in excess thereof, (5) with respect to LIBOR Rate Loans denominated in Dollars in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 100,000 (or C$100,000) in excess thereof and thereof, (6) with respect to Swingline Loans in any amount of Canadian Dollars or Dollars (as applicable); (DC) whether such Loan is to be a US Revolving Credit Loan, Canadian Revolving Credit Loan, US Swingline Loan or Canadian Swingline Loan; , (D) in the case of a US Revolving Credit Loan, whether the Loans are to be SOFR Loans or Base Rate Loans, (E) in the case of a Canadian Revolving Credit Loan Loan, whether the Loans are to be LIBOR CDOR Rate Loans or Canadian Base Rate Loans, Canadian Prime Rate Loans, Base Rate Loans or BA Loans; and (EF) in the case of a LIBOR Rate SOFR Loan or any BA a CDOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 p.m. 11:00 a.m. shall be deemed received on the next Business Day or US Government Securities Business Day, as applicable. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing.
Appears in 2 contracts
Samples: Credit Agreement (Centuri Holdings, Inc.), Credit Agreement (Southwest Gas Corp)
Requests for Borrowing. The Borrower shall give the Administrative Agent and, with respect to each Swingline Loan, the Swingline Lender irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 12:00 p.m. 11:00 a.m. (i) on the same Business Day as each Canadian Prime Rate Loan, each Base Rate Loan and each Swingline Loan, (ii) at least one (1) Business Day before each BA Loan and (iii) at least three (3) Business Days before each LIBOR Rate Loan denominated in Dollars and (iii) at least four (4) Business Days before each Alternative Currency Revolving Credit Loan, of its intention to borrow, specifying specifying: (A) the date of such borrowing, which shall be a Business Day; , (B) the applicable Permitted Currency with respect whether such Loan is to such borrowingbe a Revolving Credit Loan or a Swingline Loan; (C) if such Loan is an Alternative Currency Revolving Credit Loan, the applicable Alternative Currency in which such Loan is to be funded; (D) if such Loan is a Revolving Credit Loan denominated in Dollars, whether such Revolving Credit Loan shall be a LIBOR Rate Loan or a Base Rate Loan; (E) if such Loan is a LIBOR Rate Loan, the duration of the Interest Period applicable thereto; and (F) the amount of such borrowing, which shall be, (1) with respect to Canadian Prime Rate Loans (other than Swingline Loans) in an aggregate principal amount of C$1,000,000 or a whole multiple of C$500,000 in excess thereof, (2) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $500,000 or a whole multiple of $50,000 in excess thereof (or, if such borrowing is denominated in an Alternative Currency, in an aggregate principal amount equal to the Equivalent Amount of $500,000 or a whole multiple of $50,000 in excess thereof), (2) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000, or a whole multiple of $100,000, in excess thereof (or, if such borrowing is denominated in an Alternative Currency, in an aggregate principal amount equal to the Equivalent Amount of $1,000,000 or a whole multiple of $500,000 100,000 in excess thereof, ) or (3) with respect to BA Swingline Loans in an aggregate principal amount of C$1,000,000 or a whole multiple of C$500,000 in excess thereof, (4) with respect to LIBOR Rate Loans denominated in Canadian Dollars in an aggregate principal amount of C$3,000,000 or a whole multiple of C$1,000,000 in excess thereof, (5) with respect to LIBOR Rate Loans denominated in Dollars in an aggregate principal amount of $3,000,000 100,000 or a whole multiple of $1,000,000 50,000 in excess thereof and (6) with respect thereof. If the Borrower fails to Swingline Loans specify a currency in any amount a Notice of Canadian Dollars or Dollars (as applicable); (D) whether such Borrowing, then the Loan is to so requested shall be a Revolving Credit Loan or Swingline Loan; (E) made in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans, Canadian Prime Rate Loans, Base Rate Loans or BA Loans; and (E) in the case of a LIBOR Rate Loan or any BA Loan, the duration of the Interest Period applicable theretoDollars. A Notice of Borrowing received after 12:00 p.m. 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.
Appears in 1 contract
Samples: Credit Agreement (KMG Chemicals Inc)
Requests for Borrowing. The Borrower shall give the Administrative Agent and, with respect to each Swingline Loan, the Swingline Lender irrevocable prior written notice substantially in the form of attached hereto as Exhibit B (a “Notice of Borrowing”) (i) not later than 12:00 p.m. (i) 11:00 a.m. Local Time on the same Business Day as each Canadian Prime Rate Loan, each Base Rate Loan and each Swingline Loanunder the Dollar Tranche or under the Designated Currency Tranche if the Agreed Currency is Dollars, (ii) at least one (1) Business Day before each BA Loan and (iii) not later than 11:00 a.m. Local Time at least three (3) Business Days before each LIBOR Rate Loan under the Dollar Tranche or under the Designated Currency Tranche if the Agreed CHAR2\1566724v8 Currency is Dollars or if in respect of the Term Loan or Incremental Term Loans, (iii) not later than 11:00 a.m. Local Time at least four (4) Business Days before each Loan under the Designated Currency Tranche (other than Loans under the Designated Currency Tranche for which the Agreed Currency is Dollars) and (iv) not later than 2:00 p.m. Local Time on the same Business Day as each Swingline Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day; , (B) the applicable Permitted Currency with respect to such borrowing; (C) the amount of such borrowing, which shall be, (1) with respect to Canadian Prime Rate Loans (other than Swingline Loans) in an aggregate principal amount of C$1,000,000 or a whole multiple of C$500,000 in excess thereof, (2x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 100,000 in excess thereof, (3y) with respect to BA LIBOR Rate Loans in an aggregate principal Dollar Amount of $2,500,000 or a whole multiple of $100,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of C$1,000,000 or a whole multiple of C$500,000 in excess thereof, (4) with respect to LIBOR Rate Loans denominated in Canadian Dollars in an aggregate principal amount of C$3,000,000 or a whole multiple of C$1,000,000 in excess thereof, (5) with respect to LIBOR Rate Loans denominated in Dollars in an aggregate principal amount of $3,000,000 100,000 or a whole multiple of $1,000,000 100,000 in excess thereof and thereof, (6) with respect to Swingline Loans in any amount of Canadian Dollars or Dollars (as applicable); (DC) whether such Loan is to be a Dollar Tranche Revolving Credit Loan Loan, a Designated Currency Tranche Revolving Credit Loan, the Term Loan, or a Swingline Loan; , (ED) in the case of a Dollar Tranche Revolving Credit Loan or the Term Loan, whether the Loans are to be LIBOR Rate Loans, Canadian Prime Loans or Base Rate Loans, Base Rate Loans or BA Loans; and (E) in the case of a LIBOR Rate Loan or any BA Loan, the duration of the Interest Period applicable thereto, and (F) in the case of a Designated Currency Tranche Revolving Credit Loan, the Agreed Currency thereof. The Base Rate shall not be available under the Designated Currency Tranche. A Notice of Borrowing received after 12:00 11:00 a.m. Local Time (or 2:00 p.m. Local Time with respect to Swingline Loans) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the appropriate Lenders of each Notice of Borrowing. The Administrative Agent agrees that the Borrower may submit a single Notice of Borrowing for borrowings under the Dollar Tranche and the Designated Currency Tranche if the Agreed Currency is Dollars; provided, that, if the Borrower delivers a single Notice of Borrowing, the Administrative Agent shall deem the Borrower to have requested that such Revolving Loan be applied first to the Dollar Tranche Revolving Loan Commitments and second to the Designated Currency Tranche Revolving Credit Commitments.
Appears in 1 contract
Samples: Credit Agreement (Blackbaud Inc)
Requests for Borrowing. The Borrower Borrowers shall give the Administrative Agent and, with respect to each Swingline Loan, the Swingline Lender irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 12:00 p.m. 11:00 a.m. (i) on the same Business Day as each Canadian Prime Rate Loan, each Base Rate Loan and each Swingline Loan, (ii) at least one (1) Business Day before each BA Loan and Canadian Prime Rate Loan, (iii) at least three (3) Business Days before each LIBOR Rate LoanLoan denominated in Dollars and CDOR Rate Loan and (iv) at least four Business Days before each LIBOR Rate Loan denominated in an Alternative Currency, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day; , (B) the applicable Permitted Currency with respect to such borrowing; (C) the amount of such borrowing, which shall be, (1) with respect to Canadian Prime Rate Loans (other than Swingline Loans) in an aggregate principal amount of C$1,000,000 or a whole multiple of C$500,000 in excess thereof, (2x) with respect to Base Rate Loans (other than Swingline Loans) and Canadian Prime Rate Loans in an aggregate principal amount of $1,000,000 1,000,000.00 or a whole multiple of $500,000 500,000.00 in excess thereof, (3y) with respect to BA LIBOR Rate Loans and CDOR Rate Loans in an aggregate principal amount of C$1,000,000 $2,000,000.00 or a whole multiple of C$500,000 $500,000.00 in excess thereof, thereof and (4z) with respect to LIBOR Rate Swingline Loans denominated in Canadian Dollars in an aggregate principal amount of C$3,000,000 or a whole multiple of C$1,000,000 in excess thereof, (5) with respect to LIBOR Rate Loans denominated in Dollars in an aggregate principal amount of $3,000,000 100,000.00 or a whole multiple of $1,000,000 100,000.00 in excess thereof and thereof, (6) with respect to Swingline Loans in any amount of Canadian Dollars or Dollars (as applicable); (DC) whether such Loan is to be a Revolving Credit A Loan, Revolving B Loan or Swingline Loan; , (D) in the case of a Revolving A Loan, whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, (E) in the case of a Revolving Credit Loan B Loan, whether the Loans are to be LIBOR CDOR Rate Loans, Loans or Canadian Prime Rate Loans, Base Rate Loans or BA Loans; and (EF) in the case of a LIBOR Rate Loan or any BA CDOR Rate Loan, the duration of the Interest Period applicable thereto, and (G) the currency of such borrowing. If a Notice of Borrowing fails to specify a currency, then such borrowing shall be made in Dollars. A Notice of Borrowing received after 12:00 p.m. 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.
Appears in 1 contract
Samples: Loan Agreement (Omega Protein Corp)
Requests for Borrowing. The Borrower Borrowers shall give the Administrative Agent and, with respect to each Swingline Loan, the Swingline Lender irrevocable prior written notice substantially in the form of attached hereto as Exhibit B (a “Notice of Borrowing”) not later than 12:00 p.m. 11:00 a.m.(Philadelphia time) (i) on the same Business Day as each Canadian Prime Rate Loan, each Base Rate Loan and each Swingline or Daily One Month LIBOR Loan, (ii) at least one (1) Business Day before each BA Loan and (iii) at least three (3) Business Days before each LIBOR Rate Loan, and (iii) at least three (3) London Business Days before each Alternate Currency Loan, of its intention to borrow, specifying specifying: (A) the date of such borrowing, which shall be a Business DayDay (and a London Business Day with respect to an Alternate Currency Loan); (B) the applicable Permitted Currency with respect to such borrowing; (C) the amount of such borrowing, which shall bebe in an amount equal to the amount of the Aggregate Commitment then available to the Borrowers, or, if less, (1w) with respect to Canadian Prime Base Rate Loans (other than Swingline Loans) , in an aggregate principal amount of C$1,000,000 or a whole multiple $250,000 and increments of C$500,000 $250,000 in excess thereof, (2x) with respect to Base Daily One Month LIBOR Loans, in an aggregate principal amount of $500,000 and increments of $250,000 in excess thereof, (y) with respect to LIBOR Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple and increments of $500,000 in excess thereof, thereof and (3z) with respect to BA Loans in an aggregate principal amount Eurocurrency Loans, the Dollar Equivalent of C$1,000,000 or a whole multiple $100,000 and increments of C$500,000 $100,000 in excess thereof, (4) with respect to LIBOR Rate Loans denominated in Canadian Dollars in an aggregate principal amount of C$3,000,000 or a whole multiple of C$1,000,000 in excess thereof, (5) with respect to LIBOR Rate Loans denominated in Dollars in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof and (6) with respect to Swingline Loans in any amount of Canadian Dollars or Dollars (as applicable); (DC) whether such Loan is to be a Revolving Credit Loan or Swingline Loan; (E) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Base Rate Loans, Canadian Prime Rate Daily One Month LIBOR Loans, Base LIBOR Rate Loans or BA Eurocurrency Loans, if a combination thereof, the amount allocated to each; and (ED) in the case of a LIBOR Rate Loan or any BA a Eurocurrency Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing Notices received after 12:00 p.m. 11:00 a.m.(Philadelphia time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.
Appears in 1 contract
Requests for Borrowing. The applicable Borrower shall give the Administrative Agent and, with respect to each Swingline Loan, the Swingline Lender irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 12:00 p.m. 11:00 a.m. (i) on the same Business Day as each Canadian Prime Base Rate Loan, each Base Rate US Swingline Loan and each Canadian Swingline Loan, (ii) at least one (1) Business Day before each BA Canadian Base Rate Loan and (other than Canadian Swingline Loans), (iii) at least three (3) US Government Securities Business Days before each LIBOR RateSOFR Loan and (iv) at least four (4) Business Days before each CDOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day; , (B) the applicable Permitted Currency with respect to such borrowing; (C) the amount of such borrowing, which shall be, (1) with respect to Canadian Prime Rate Loans (other than Swingline Loans) in an aggregate principal amount of C$1,000,000 or a whole multiple of C$500,000 in excess thereof, (2x) with respect to Base Rate Loans (other than Swingline Loans) and Canadian Revolving Credit Loans in an aggregate principal amount of $1,000,000 2,000,000 (or C$2,000,000) or a whole multiple of $500,000 (or C$500,000) in excess thereof, (y) with respect to LIBOR RateSOFR Loans, in an aggregate principal amount of $2,000,000 or a whole multiple of $500,000 in excess thereof, thereof and (3z) with respect to BA Swingline Loans in an aggregate principal amount of $500,000 (or C$1,000,000 or a whole multiple of C$500,000 in excess thereof, (4500,000) with respect to LIBOR Rate Loans denominated in Canadian Dollars in an aggregate principal amount of C$3,000,000 or a whole multiple of C$1,000,000 in excess thereof, (5) with respect to LIBOR Rate Loans denominated in Dollars in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 100,000 (or C$100,000) in excess thereof and thereof, (6) with respect to Swingline Loans in any amount of Canadian Dollars or Dollars (as applicable); (DC) whether such Loan is to be a US Revolving Credit Loan, Canadian Revolving Credit Loan, US Swingline Loan or Canadian Swingline Loan; , (D) in the case of a US Revolving Credit Loan, whether the Loans are to be LIBOR RateSOFR Loans or Base Rate Loans, (E) in the case of a Canadian Revolving Credit Loan Loan, whether the Loans are to be LIBOR CDOR Rate Loans or Canadian Base Rate Loans, Canadian Prime Rate Loans, Base Rate Loans or BA Loans; and (EF) in the case of a LIBOR Rate RateSOFR Loan or any BA a CDOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 p.m. 11:00 a.m. shall be deemed received on the next Business Day or US Government Securities Business Day, as applicable. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing.
Appears in 1 contract
Requests for Borrowing. The applicable Borrower shall give the Administrative Agent and, with respect to each Swingline Loan, the Swingline Lender irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 12:00 p.m. 11:00 a.m. (i) on the same Business Day as each Canadian Prime Rate Loan, each Base Rate Loan and each US Swingline Loan, (ii) at least one (1) Business Day before each BA Canadian Base Rate Loan and each Canadian Swingline Loan, (iii) at least three (3) Business Days before each LIBOR Rate Loan (other than Canadian Revolving Credit Loans) and (iv) at least four (4) Business Days before each Canadian Revolving Credit Loan which is to be a LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day; , (B) the applicable Permitted Currency with respect to such borrowing; (C) the amount of such borrowing, which shall be, (1) with respect to Canadian Prime Rate Loans (other than Swingline Loans) in an aggregate principal amount of C$1,000,000 or a whole multiple of C$500,000 in excess thereof, (2x) with respect to Base Rate Loans and Canadian Base Rate Loans (other than Canadian Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 100,000 in excess thereof, (3) with respect to BA Loans in an aggregate principal amount of C$1,000,000 or a whole multiple of C$500,000 in excess thereof, (4y) with respect to LIBOR Rate Loans denominated in Canadian Dollars in an aggregate principal amount of C$3,000,000 or a whole multiple of C$1,000,000 in excess thereofLoans, (5) with respect to LIBOR Rate Loans denominated in Dollars in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof and (6z) with respect to Swingline Loans in any an aggregate principal amount of Canadian Dollars $25,000 or Dollars a whole multiple of $25,000 in excess thereof, (as applicable); (DC) whether such Loan is to be a US Revolving Credit Loan, Canadian Revolving Credit Loan, US Swingline Loan or Canadian Swingline Loan; , (D) in the case of a US Revolving Credit Loan, whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, (E) in the case of a Canadian Revolving Credit Loan Loan, whether the Loans are to be LIBOR Rate Loans, Loans or Canadian Prime Base Rate Loans, Base Rate Loans or BA Loans; and (EF) in the case of a LIBOR Rate Loan or any BA Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 p.m. 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.
Appears in 1 contract
Requests for Borrowing. The applicable Borrower shall give the Administrative Agent and, with respect to each Swingline Loan, the Swingline Lender irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 12:00 p.m. 11:00 a.m. (i) on the same Business Day as each Canadian Prime Base Rate Loan, each Base Rate US Swingline Loan and each Canadian Swingline Loan, (ii) at least one (1) Business Day before each BA Canadian Base Rate Loan and (other than Canadian Swingline Loans), (iii) at least three (3) Business Days before each LIBOR Rate Loan and (iv) at least four (4) Business Days before each CDOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day; , (B) the applicable Permitted Currency with respect to such borrowing; (C) the amount of such borrowing, which shall be, (1) with respect to Canadian Prime Rate Loans (other than Swingline Loans) in an aggregate principal amount of C$1,000,000 or a whole multiple of C$500,000 in excess thereof, (2x) with respect to Base Rate Loans and Canadian Revolving Credit Loans (other than Canadian Swingline Loans) in an aggregate principal amount of $1,000,000 2,000,000 (or C$2,000,000) or a whole multiple of $500,000 (or C$500,000) in excess thereof, (3y) with respect to BA LIBOR Rate Loans, in an aggregate principal amount of $2,000,000 (or C$2,000,000) or a whole multiple of $500,000 (or C$500,000) in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $500,000 (or C$1,000,000 or a whole multiple of C$500,000 in excess thereof, (4500,000) with respect to LIBOR Rate Loans denominated in Canadian Dollars in an aggregate principal amount of C$3,000,000 or a whole multiple of C$1,000,000 in excess thereof, (5) with respect to LIBOR Rate Loans denominated in Dollars in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 100,000 (or C$100,000) in excess thereof and thereof, (6) with respect to Swingline Loans in any amount of Canadian Dollars or Dollars (as applicable); (DC) whether such Loan is to be a US Revolving Credit Loan, Canadian Revolving Credit Loan, US Swingline Loan or Canadian Swingline Loan; , (D) in the case of a US Revolving Credit Loan, whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, (E) in the case of a Canadian Revolving Credit Loan Loan, whether the Loans are to be LIBOR CDOR Rate Loans or Canadian Base Rate Loans, Canadian Prime Rate Loans, Base Rate Loans or BA Loans; and (EF) in the case of a LIBOR Rate Loan or any BA a CDOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 p.m. 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.
Appears in 1 contract
Requests for Borrowing. The Borrower Borrowers shall give the Administrative Agent and, with respect to each Swingline Loan, the Swingline Lender irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 12:00 p.m. 11:00 a.m. (i) on the same Business Day as each Canadian Prime Rate Loan, each Base Rate Loan and each Swingline Loan, (ii) at least one (1) Business Day before each BA Loan and (iii) at least three (3) Business Days before each LIBOR Rate Loan denominated in Dollars and (iii) at least four (4) Business Days before each Alternative Currency Revolving Credit Loan, of its intention to borrow, specifying specifying: (A) the date of such borrowing, which shall be a Business Day; , (B) the applicable Permitted Currency with respect whether such Loan is to such borrowingbe a Revolving Credit Loan or a Swingline Loan; (C) if such Loan is an Alternative Currency Revolving Credit Loan, the applicable Alternative Currency in which such Loan is to be funded; (D) if such Loan is a Revolving Credit Loan denominated in Dollars, whether such Revolving Credit Loan shall be a LIBOR Rate Loan or a Base Rate Loan; (E) if such Loan is a LIBOR Rate Loan, the duration of the Interest Period applicable thereto; and (F) the amount of such borrowing, which shall be, (1) with respect to Canadian Prime Rate Loans (other than Swingline Loans) in an aggregate principal amount of C$1,000,000 or a whole multiple of C$500,000 in excess thereof, (2) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $500,000 or a whole multiple of $50,000 in excess thereof (or, if such borrowing is denominated in an Alternative Currency, in an aggregate principal amount equal to the Equivalent Amount of $500,000 or a whole multiple of $50,000 in excess thereof), (2) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000, or a whole multiple of $100,000, in excess thereof (or, if such borrowing is denominated in an Alternative Currency, in an aggregate principal amount equal to the Equivalent Amount of $1,000,000 or a whole multiple of $500,000 100,000 in excess thereof, ) or (3) with respect to BA Swingline Loans in an aggregate principal amount of C$1,000,000 or a whole multiple of C$500,000 in excess thereof, (4) with respect to LIBOR Rate Loans denominated in Canadian Dollars in an aggregate principal amount of C$3,000,000 or a whole multiple of C$1,000,000 in excess thereof, (5) with respect to LIBOR Rate Loans denominated in Dollars in an aggregate principal amount of $3,000,000 100,000 or a whole multiple of $1,000,000 50,000 in excess thereof and (6) with respect thereof. If the Borrowers fail to Swingline Loans specify a currency in any amount a Notice of Canadian Dollars or Dollars (as applicable); (D) whether such Borrowing, then the Loan is to so requested shall be a Revolving Credit Loan or Swingline Loan; (E) made in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans, Canadian Prime Rate Loans, Base Rate Loans or BA Loans; and (E) in the case of a LIBOR Rate Loan or any BA Loan, the duration of the Interest Period applicable theretoDollars. A Notice of Borrowing received after 12:00 p.m. 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.
Appears in 1 contract
Samples: Credit Agreement (KMG Chemicals Inc)
Requests for Borrowing. The Borrower shall give the Administrative Agent and, with respect to each Swingline Loan, the Swingline Lender irrevocable prior written notice substantially in the form of Exhibit B F (a “Notice of Borrowing”) not later than 12:00 p.m. 11:00 a.m. (i) on the same Business Day as each Canadian Prime Rate Loan, each Base Rate Loan and each Swingline Loan, (ii) at least one (1) Business Day before each BA Loan and (iiiii)(A) in the case of a Term SOFR Loan, at least three (3) RFR Business Days before each LIBOR Rate such Term SOFR Loan, (B) in the case of an RFR Loan denominated in any Alternative Currency, at least three (3) RFR Business Days before such RFR Loan, and (C) in the case of a Eurocurrency Rate Loan denominated in any Alternative Currency, at least four (4) Eurocurrency Banking Days before such Eurocurrency Rate Loan of its intention to borrow, in each case, specifying (A) the date of such borrowing, which shall be a Business Day; , (B) the applicable Permitted Currency with respect to currency of such borrowing; , (C) the amount of such borrowing, which shall be, (1) with respect to Canadian Prime Rate Loans (other than Swingline Loans) in an aggregate principal amount of C$1,000,000 or a whole multiple of C$500,000 in excess thereof, (2x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, (3y) with respect to BA Eurocurrency Rate Loans and RFR Loans in an aggregate principal amount of C$$1,000,000 or a whole multiple of C$$500,000 in excess thereof, thereof and (4z) with respect to LIBOR Rate Swingline Loans denominated in Canadian Dollars in an aggregate principal amount of C$3,000,000 or a whole multiple of C$1,000,000 in excess thereof, (5) with respect to LIBOR Rate Loans denominated in Dollars in an aggregate principal amount of $3,000,000 500,000 or a whole multiple of $1,000,000 100,000 in excess thereof and (6) with respect to Swingline Loans or, in any each case, the remaining amount of Canadian Dollars the Revolving Credit Commitment or Dollars (the Swingline Commitment, as applicable); , (D) whether such Loan is to be a Revolving Credit Loan or Swingline Loan; , (E) in the case of a Revolving Credit Loan whether the Loans are such Revolving Credit Loan is to be LIBOR a Eurocurrency Rate LoansLoan, Canadian Prime Rate Loansa Daily Simple RFR Loan, a Term SOFR Loan or a Base Rate Loans or BA Loans; Loan, and (EF) in the case of a LIBOR Eurocurrency Rate Loan or any BA a Term SOFR Loan, the duration of the Interest Period applicable thereto. If the Borrower fails to specify the currency of a Loan in a Notice of Borrowing, then the applicable Loans shall be made in Dollars. If the Borrower fails to specify a type of Loan denominated in Dollars in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a borrowing of a Eurocurrency Rate Loan or 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 12:00 p.m. 11:00 a.m. shall be deemed received on the next Business Day, RFR Business Day or Eurocurrency Banking Day, as applicable. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing.
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Requests for Borrowing. The Borrower Borrowers shall give the ---------------------- Administrative Agent and, with respect to each Swingline Loan, the Swingline Lender irrevocable prior written notice substantially in the form of attached hereto as Exhibit B (a “"Notice of Borrowing”") not later than 12:00 p.m. 11:00 a.m. --------- (Philadelphia time) (i) on the same Business Day as each Canadian Prime Rate Loan, each Base Rate Loan and each Swingline or LIBO Market Index Rate Loan, (ii) at least one (1) Business Day before each BA Loan and (iii) at least three (3) Business Days before each LIBOR Rate Loan, and (iii) at least three(3) London Business Days before each Alternate Currency Loan, of its intention to borrow, specifying specifying: (A) the date of such borrowing, which shall be a Business DayDay (and a London Business Day with respect to an Alternate Currency Loan); (B) the applicable Permitted Currency with respect to such borrowing; (C) the amount of such borrowing, which shall bebe in an amount equal to the amount of the Aggregate Commitment then available to the Borrowers, or, if less, (1w) with respect to Canadian Prime Base Rate Loans (other than Swingline Loans) , in an aggregate principal amount of C$1,000,000 $250,000 or a whole multiple of C$500,000 $250,000 in excess thereof, (2x) with respect to Base LIBO Market Index Rate Loans, in an aggregate principal amount of $500,000 or a whole multiple of $250,000 in excess thereof, (y) with respect to LIBOR Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, and (3z) with respect to BA Loans in an aggregate principal amount of C$1,000,000 or a whole multiple of C$500,000 in excess thereofEurodollar Loans, (4) with respect to LIBOR Rate Loans denominated in Canadian Dollars in an aggregate principal amount of C$3,000,000 or a whole multiple of C$1,000,000 in excess thereof, (5) with respect to LIBOR Rate Loans denominated in Dollars in an aggregate principal amount the Dollar Equivalent of $3,000,000 100,000 or a whole multiple of $1,000,000 100,000 in excess thereof and (6) with respect to Swingline Loans in any amount of Canadian Dollars or Dollars (as applicable)thereof; (DC) whether such Loan is to be a Revolving Credit Loan or Swingline Loan; (E) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Base Rate Loans, Canadian Prime LIBO Market Index Rate Loans, Base LIBOR Rate Loans or BA LoansEurodollar Loans or, if a combination thereof, the amount allocated to each; and (ED) in the case of a LIBOR Rate Loan or any BA Eurodollar Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing Notices received after 12:00 p.m. 11:00 a.m. (Philadelphia time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.
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