02Loans and Borrowings. Each Loan shall be made as part of a Borrowing consisting of Loans made by the Lenders ratably in accordance with their respective Commitments. Each Borrowing of Revolving Credit Loans shall be in an aggregate amount that is an integral multiple of the Borrowing Multiple and not less than the Borrowing Minimum, provided that a Borrowing of Revolving Credit Loan may be in an aggregate amount that is equal to the entire unused balance of the Revolving Credit Commitments. More than one Borrowing may occur on the same date and be outstanding at the same time. To request a Borrowing, the applicable Borrower requesting the Borrowing shall notify the Administrative Agent of such request (which request shall be in writing unless otherwise agreed to by the Administrative Agent) no later than 11:00 a.m., Mexico City time, at least two (2) Business Days before the date of the proposed Borrowing. Each such Borrowing Request shall be irrevocable and by means of a written Borrowing Request delivered to the Administrative Agent in the form of Exhibit B or any other form approved by the Administrative Agent, and signed by the Borrower requesting the proposed Borrowing. Each such Borrowing Request shall specify the following information: (i) if the Borrowing shall be of a Revolving Credit Loan or a Term Loan; (ii) the aggregate amount of the requested Borrowing (expressed in Dollars but funded in Pesos in the case of a Revolving Credit Loan and in Pesos in the case of a Term Loan) and the Borrower requesting the requested Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) the location and number of the Borrower’s account to which funds are to be disbursed; and (v) if a Revolving Credit Loan, the Exchange Rate as of the applicable Exchange Rate Date. Promptly following receipt of a Borrowing Request in accordance with this Section 2.02, the Administrative Agent shall notify each applicable Lender of the details thereof and of the amount of such ▇▇▇▇▇▇’▇ Loan to be made as part of the requested Borrowing.
Appears in 1 contract
02Loans and Borrowings. (a) Each Revolving Loan shall be made as part of a Borrowing consisting of Revolving Loans made by the Revolving Lenders ratably in accordance with their respective Revolving Commitments. Each Closing Date Term Loan shall be made as part of a Borrowing on the Effective Date consisting of Closing Date Term Loans made by the Term Lenders ratably in accordance with their respective Closing Date Term Loan Commitments. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. The Term Loans shall amortize as set forth in Section 2.10.
(b) Subject to Section 2.14, each Borrowing shall be comprised entirely of ABR Loans or Eurodollar Loans as the Borrower may request in accordance herewith. Each Lender at its option may make any Eurodollar Loan by causing any domestic or foreign branch or Affiliate of such Lender to make such Loan; provided that any exercise of such option shall not affect the obligation of the Borrower to repay such Loan in accordance with the terms of this Agreement.
(c) At the commencement of each Interest Period for any Eurodollar Revolving Credit Loans Borrowing, such Borrowing shall be in an aggregate amount that is (x) an integral multiple of the Borrowing Multiple $100,000 and not less than $500,000 or (y) such lesser amount constituting the remaining undrawn Revolving Commitments. At the time that each ABR Revolving Borrowing Minimumis made, such Borrowing shall be in an aggregate amount that is (x) an integral multiple of $100,000 and not less than $500,000 or (y) such lesser amount constituting the remaining undrawn Revolving Commitments; provided that a an ABR Revolving Borrowing of Revolving Credit Loan may be in an aggregate amount that is equal to the entire unused balance of the total Revolving Credit CommitmentsCommitments or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.06(e). More Borrowings of more than one Borrowing Type and Class may occur on the same date and be outstanding at the same time. To request ; provided that there shall not at any time be more than a Borrowingtotal of 8 Eurodollar Revolving Borrowings outstanding.
(d) Notwithstanding any other provision of this Agreement, the applicable Borrower requesting the shall not be entitled to request, or to elect to convert or continue, any Borrowing shall notify the Administrative Agent of such request (which request shall be in writing unless otherwise agreed to by the Administrative Agent) no later than 11:00 a.m., Mexico City time, at least two (2) Business Days before the date of the proposed Borrowing. Each such Borrowing Request shall be irrevocable and by means of a written Borrowing Request delivered to the Administrative Agent in the form of Exhibit B or any other form approved by the Administrative Agent, and signed by the Borrower requesting the proposed Borrowing. Each such Borrowing Request shall specify the following information:
(i) if the Borrowing shall be of a Revolving Credit Loan or a Term Loan;
(ii) Interest Period requested with respect thereto would end after the aggregate amount of the requested Borrowing (expressed in Dollars but funded in Pesos in the case of a Revolving Credit Loan and in Pesos in the case of a Term Loan) and the Borrower requesting the requested Borrowing;
(iii) the date of such Borrowing, which shall be a Business Day;
(iv) the location and number of the Borrower’s account to which funds are to be disbursed; and
(v) if a Revolving Credit Loan, the Exchange Rate as of the applicable Exchange Rate Maturity Date. Promptly following receipt of a Borrowing Request in accordance with this Section 2.02, the Administrative Agent shall notify each applicable Lender of the details thereof and of the amount of such ▇▇▇▇▇▇’▇ Loan to be made as part of the requested Borrowing. .
Appears in 1 contract
Sources: Credit Agreement (Virtusa Corp)
02Loans and Borrowings. (a) Each Loan shall be made as part of a Borrowing consisting of Loans under the same Facility and of the same Type made by the Lenders ratably in accordance with their respective Commitments under the applicable Facility (or, in the case of Swingline Loans, in accordance with their respective Swingline Commitments); provided, however, that Revolving Facility Loans of any Class shall be made by the Revolving Facility Lenders of such Class ratably in accordance with their respective Revolving Facility Percentages on the date such Loans are made hereunder. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided, that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required.
(b) Subject to Section 2.14(b), each Borrowing (other than a Swingline Borrowing) shall be comprised entirely of ABR Loans or Term Benchmark Loans as the Borrower may request in accordance herewith. Each Borrowing of Initial Revolving Credit Loans shall be comprised entirely of Standard Revolving Loans or Sustainability Loans as the Borrower may request in accordance herewith. Each Swingline Borrowing shall be comprised of the Types of Loans set forth in Section 2.04. Each Lender at its option may make any Term Benchmark Loan by causing any domestic or foreign branch or Affiliate of such Lender to make such Loan; provided, that any exercise of such option shall not affect the obligation of the Borrower to repay such Loan in accordance with the terms of this Agreement.
(c) [Reserved].
(d) At the commencement of each Interest Period for any Term Benchmark Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of the Borrowing Multiple and not less than the Borrowing Minimum; provided, provided that a Term Benchmark Borrowing of under the Revolving Credit Loan Facility may be in an aggregate amount that is equal to the entire unused available balance of the Revolving Credit CommitmentsFacility Commitments or that is required to finance the reimbursement of an L/C Disbursement as contemplated by Section 2.05(e). More At the time that each ABR Revolving Facility Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of the Borrowing Multiple and not less than the Borrowing Minimum; provided, that an ABR Revolving Facility Borrowing may be in an aggregate amount that is equal to the entire unused available balance of the Revolving Facility Commitments or that is required to finance the reimbursement of an L/C Disbursement as contemplated by Section 2.05(e). Each Swingline Borrowing shall be in an amount that is an integral multiple of the Borrowing Multiple and not less than the Borrowing Minimum. Borrowings of more than one Borrowing Type and Class may occur on the same date and be outstanding at the same time. To request a Borrowing; provided, the applicable Borrower requesting the Borrowing shall notify the Administrative Agent of such request (which request shall be in writing unless otherwise agreed to by the Administrative Agent) no later than 11:00 a.m.however, Mexico City time, at least two (2) Business Days before the date of the proposed Borrowing. Each such Borrowing Request shall be irrevocable and by means of a written Borrowing Request delivered to the Administrative Agent in the form of Exhibit B or any other form approved by the Administrative Agent, and signed by that the Borrower requesting the proposed Borrowing. Each such shall not be entitled to request any Borrowing Request shall specify the following information:
that, if made, would result in more than (i) if the Borrowing shall be of a Revolving Credit Loan 10 Term Benchmark Borrowings outstanding under all Term Facilities at any time or a Term Loan;
(ii) 10 Term Benchmark Borrowings outstanding under all Revolving Facilities at any time. Borrowings having different Interest Periods, regardless of whether they commence on the aggregate amount same date, shall be considered separate Borrowings.
(e) Notwithstanding any other provision of the requested Borrowing (expressed in Dollars but funded in Pesos in the case of a Revolving Credit Loan and in Pesos in the case of a Term Loan) and this Agreement, the Borrower requesting shall not be entitled to request, or to elect to convert or continue, any Borrowing of any Class if the Interest Period requested Borrowing;
(iii) with respect thereto would end after the date of Revolving Facility Maturity Date or Term Facility Maturity Date for such BorrowingClass, which shall be a Business Day;
(iv) the location and number of the Borrower’s account to which funds are to be disbursed; and
(v) if a Revolving Credit Loan, the Exchange Rate as of the applicable Exchange Rate Date. Promptly following receipt of a Borrowing Request in accordance with this Section 2.02, the Administrative Agent shall notify each applicable Lender of the details thereof and of the amount of such ▇▇▇▇▇▇’▇ Loan to be made as part of the requested Borrowing. applicable.
Appears in 1 contract
02Loans and Borrowings. (a) Each Loan shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the applicable Lenders ratably in accordance with their respective Commitments. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. The Term Loans shall amortize as set forth in Section 2.10.
(b) Subject to Section 2.14, each Term Loan Borrowing shall be comprised entirely of ABR Loans or Term Benchmark Loans as the Borrower may request in accordance herewith. Each Lender at its option may make any Loan by causing any domestic or foreign branch or Affiliate of such Lender to make such Loan (and in the case of an Affiliate, the provisions of Section 2.14, 2.15, 2.16 and 2.17 shall apply to such Affiliate to the same extent as to such Lender); provided that any exercise of such option shall not affect the obligation of the Borrower to repay such Loan in accordance with the terms of this Agreement.
(c) At the commencement of each Interest Period for any Term Benchmark Borrowing, such Borrowing of Revolving Credit Loans shall be in an aggregate amount that is an integral multiple of the Borrowing Multiple $500,000 and not less than $1,000,000. At the time that each ABR Borrowing Minimumis made, provided that a such Borrowing of Revolving Credit Loan may shall be in an aggregate amount that is equal to the entire unused balance an integral multiple of the Revolving Credit Commitments. More $250,000 and not less than one Borrowing may occur on the same date and be outstanding at the same time. To request a Borrowing$500,000.
(d) Notwithstanding any other provision of this Agreement, the applicable Borrower requesting the shall not be entitled to request, or to elect to convert or continue, any Borrowing shall notify the Administrative Agent of such request (which request shall be in writing unless otherwise agreed to by the Administrative Agent) no later than 11:00 a.m., Mexico City time, at least two (2) Business Days before the date of the proposed Borrowing. Each such Borrowing Request shall be irrevocable and by means of a written Borrowing Request delivered to the Administrative Agent in the form of Exhibit B or any other form approved by the Administrative Agent, and signed by the Borrower requesting the proposed Borrowing. Each such Borrowing Request shall specify the following information:
(i) if the Borrowing shall be of a Revolving Credit Loan or a Term Loan;
(ii) Interest Period requested with respect thereto would end after the aggregate amount of the requested Borrowing (expressed in Dollars but funded in Pesos in the case of a Revolving Credit Loan and in Pesos in the case of a Term Loan) and the Borrower requesting the requested Borrowing;
(iii) the date of such Borrowing, which shall be a Business Day;
(iv) the location and number of the Borrower’s account to which funds are to be disbursed; and
(v) if a Revolving Credit Loan, the Exchange Rate as of the applicable Exchange Rate Maturity Date. Promptly following receipt of a Borrowing Request in accordance with this Section 2.02, the Administrative Agent shall notify each applicable Lender of the details thereof and of the amount of such ▇▇▇▇▇▇’▇ Loan to be made as part of the requested Borrowing. .
Appears in 1 contract
Sources: Credit Agreement (Harmony Biosciences Holdings, Inc.)
02Loans and Borrowings. (a) Each Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective CommitmentsCommitments of the applicable Class. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required. Any Protective Advance, any Overadvance and any Swingline Loan shall be made in accordance with the procedures set forth in Section 2.04 and 2.05.
(b) Subject to Section 2.14, each Borrowing shall be comprised entirely of ABR Loans or Eurodollar Loans as the Borrower may request in accordance herewith, provided that all Borrowings made on the Effective Date must be made as ABR Borrowings but may be converted into Eurodollar Borrowings in accordance with Section 2.08. Each Swingline Loan shall be an ABR Loan. Each Lender at its option may make any Eurodollar Loan by causing any domestic or foreign branch or Affiliate of such Lender to make such Loan (and in the case of an Affiliate, the provisions of Sections 2.14, 2.15, 2.16 and 2.17 shall apply to such Affiliate to the same extent as to such Lender); provided that any exercise of such option shall not affect the obligation of the Borrower to repay such Loan in accordance with the terms of this Agreement.
(c) At the commencement of each Interest Period for any Eurodollar Borrowing, such Borrowing of Revolving Credit Loans shall be in an aggregate amount that is an integral multiple of the Borrowing Multiple $500,000 and not less than the Borrowing Minimum, provided that a Borrowing of Revolving Credit Loan $1,000,000. ABR Borrowings may be in an aggregate amount that is equal to the entire unused balance any amount. Borrowings of the Revolving Credit Commitments. More more than one Borrowing Type and Class may occur on the same date and be outstanding at the same time. To request ; provided that there shall not at any time be more than a Borrowingtotal of six (6), Eurodollar Borrowings outstanding.
(d) Notwithstanding any other provision of this Agreement, the applicable Borrower requesting the shall not be entitled to request, or to elect to convert or continue, any Borrowing shall notify the Administrative Agent of such request (which request shall be in writing unless otherwise agreed to by the Administrative Agent) no later than 11:00 a.m., Mexico City time, at least two (2) Business Days before the date of the proposed Borrowing. Each such Borrowing Request shall be irrevocable and by means of a written Borrowing Request delivered to the Administrative Agent in the form of Exhibit B or any other form approved by the Administrative Agent, and signed by the Borrower requesting the proposed Borrowing. Each such Borrowing Request shall specify the following information:
(i) if the Borrowing shall be of a Revolving Credit Loan or a Term Loan;
(ii) Interest Period requested with respect thereto would end after the aggregate amount of the requested Borrowing (expressed in Dollars but funded in Pesos in the case of a Revolving Credit Loan and in Pesos in the case of a Term Loan) and the Borrower requesting the requested Borrowing;
(iii) the date of such Borrowing, which shall be a Business Day;
(iv) the location and number of the Borrower’s account to which funds are to be disbursed; and
(v) if a Revolving Credit Loan, the Exchange Rate as of the applicable Exchange Rate Maturity Date. Promptly following receipt of a Borrowing Request in accordance with this Section 2.02, the Administrative Agent shall notify each applicable Lender of the details thereof and of the amount of such ▇▇▇▇▇▇’▇ Loan to be made as part of the requested Borrowing. .
Appears in 1 contract
Sources: Credit Agreement (Cactus, Inc.)
02Loans and Borrowings. (a) Each Loan shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective CommitmentsCommitments of the applicable Class. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder, provided that the Commitments of the Lenders are several and, other than as expressly provided herein with respect to a Defaulting Lender, no Lender shall be responsible for any other Lender’s failure to make Loans as required hereby.
(b) Subject to Section 2.14, each Revolving Loan Borrowing and Term Loan Borrowing denominated in dollars shall be comprised entirely of ABR Loans or EurocurrencySOFR Loans as the Borrower may request in accordance herewith; provided that all Borrowings made on the Effective Date must be made as ABR Borrowings unless the Borrower shall have given the notice required for a Eurocurrency Borrowing under Section 2.03 and provided an indemnity (which may be in an indemnity letter or a Borrowing Request) extending the benefits of Section 2.16 to lenders in respect of such Borrowings. Each Lender at its option may make any Loan by causing any domestic or foreign branch or Affiliate of such Lender to make such Loan; provided that any exercise of such option shall not affect the obligation of the Borrower to repay such Loan in accordance with the terms of this Agreement.
(c) At the commencement of each Interest Period for any EurocurrencySOFR Borrowing, such Borrowing of Revolving Credit Loans shall be in an aggregate amount that is an integral multiple of the Borrowing Multiple and not less than the Borrowing Minimum, ; provided that a EurocurrencySOFR Borrowing that results from a continuation of Revolving Credit Loan an outstanding EurocurrencySOFR Borrowing may be in an aggregate amount that is equal to such outstanding Borrowing. At the entire unused balance time that each ABR Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of the Revolving Credit CommitmentsBorrowing Multiple and not less than the Borrowing Minimum. More Borrowings of more than one Borrowing Type and Class may occur on the same date and be outstanding at the same time; provided that there shall not at any time be more than a total of twenty Interest Periods in the aggregate for all Loans.
(d) Subject to the terms and conditions set forth herein and in Amendment No. To request 6, each Rollover Original Term Lender severally agrees to exchange its Exchanged Original Term Loans for a Borrowinglike principal amount of Term B-1 Loans on the Effective Date. Subject to the terms and conditions set forth herein and in Amendment No. 6, the applicable Borrower requesting the Borrowing shall notify the Administrative Agent of such request each Additional Term B-1 Lender severally agrees to make an Additional Term B-1 Loan (which request shall be in writing unless otherwise agreed considered an increase to by (and part of) the Administrative AgentTerm B-1 Loans) no later than 11:00 a.m., Mexico City time, at least two (2) Business Days before the date of the proposed Borrowing. Each such Borrowing Request shall be irrevocable and by means of a written Borrowing Request delivered to the Administrative Agent Borrower on the Amendment No. 6 Effective Date in the form of Exhibit B or any other form approved by principal amount equal to its Additional Term B-1 Commitment on the Administrative Agent, and signed by Effective Date. The Borrower shall prepay the Borrower requesting the proposed Borrowing. Each such Borrowing Request shall specify the following information:
(i) if the Borrowing shall be of Non-Exchanged Original Term Loans with a Revolving Credit Loan or a Term Loan;
(ii) the aggregate like amount of the requested Borrowing gross proceeds of the Additional Term B-1 Loans, concurrently with the receipt thereof. The Borrower shall pay to the Original Term Lenders immediately prior to the effectiveness of Amendment No. 6 all accrued and unpaid interest on the Original Term Loans to, but not including, the Effective Date on such Effective Date. The Term B-1 Loans shall have the terms set forth in this Agreement and the other Loan Documents, including as modified by Amendment No. 6; it being understood that the Term B-1 Loans (expressed and all principal, interest and other amounts in Dollars but funded respect thereof) will constitute “Loan Document Obligations” under this Agreement and the other Loan Documents. As provided in Pesos in the case of a Revolving Credit Loan and in Pesos in the case of a Term LoanSection 2.07(a) and subject to the terms hereof, the Borrower requesting may elect that the requested Borrowing;
(iii) Term B-1 Loans comprising the date Borrowing hereunder of such Borrowing, which shall Term B-1 Loans be a Business Day;
(iv) the location and number of the Borrower’s account to which funds are to be disbursed; and
(v) if a Revolving Credit Loan, the Exchange Rate as of the applicable Exchange Rate Date. Promptly following receipt of a Borrowing Request in accordance with this Section 2.02, the Administrative Agent shall notify each applicable Lender of the details thereof and of the amount of such ▇▇▇▇▇▇’▇ Loan to be made as part of the requested Borrowing. either ABR Loans or EurocurrencySOFR Loans.
Appears in 1 contract
Sources: Credit Agreement (Amc Entertainment Holdings, Inc.)
02Loans and Borrowings. (a) Each Loan shall be made as part of a Borrowing consisting of Loans of the same Type made by the Lenders ratably in accordance with their respective Commitments. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided, that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required.
(b) Subject to Section 2.14, each Borrowing shall be comprised entirely of ABR Loans or Eurocurrency Loans as the Borrower may request in accordance herewith. Each Lender at its option may make any Eurocurrency Loan by causing any domestic or foreign branch or Affiliate of such Lender to make such Loan (and in the case of an Affiliate, the provisions of Sections 2.14, 2.15, 2.16 and 2.17 shall apply to such Affiliate to the same extent as to such Lender); provided, that any exercise of such option shall not affect the obligation of the Borrower to repay such Loan in accordance with the terms of this Agreement.
(c) At the commencement of each Interest Period for any Eurocurrency Borrowing, such Borrowing of Revolving Credit Loans shall be in an aggregate amount that is an integral multiple of the Borrowing Multiple Dollar Equivalent of $500,000 and not less than the Borrowing Minimum, Dollar Equivalent $1 million; provided that a Eurocurrency Borrowing that results from a continuation of Revolving Credit Loan an outstanding Eurocurrency Borrowing may be in an aggregate amount that is equal to such outstanding Borrowing. At the time that each ABR Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of $100,000 and not less than $1 million; provided, that an ABR Borrowing may be in an aggregate amount that is equal to the entire unused balance of the Revolving Credit Commitmentstotal Commitments or that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.06(e). More Borrowings of more than one Borrowing Type may occur on the same date and be outstanding at the same time. To request ; provided, that there shall not at any time be more than a Borrowingtotal of eight (8) Eurocurrency Borrowings outstanding.
(d) Notwithstanding any other provision of this Agreement, the applicable Borrower requesting the shall not be entitled to request, or to elect to convert or continue, any Borrowing shall notify the Administrative Agent of such request (which request shall be in writing unless otherwise agreed to by the Administrative Agent) no later than 11:00 a.m., Mexico City time, at least two (2) Business Days before the date of the proposed Borrowing. Each such Borrowing Request shall be irrevocable and by means of a written Borrowing Request delivered to the Administrative Agent in the form of Exhibit B or any other form approved by the Administrative Agent, and signed by the Borrower requesting the proposed Borrowing. Each such Borrowing Request shall specify the following information:
(i) if the Borrowing shall be of a Revolving Credit Loan or a Term Loan;
(ii) Interest Period requested with respect thereto would end after the aggregate amount of the requested Borrowing (expressed in Dollars but funded in Pesos in the case of a Revolving Credit Loan and in Pesos in the case of a Term Loan) and the Borrower requesting the requested Borrowing;
(iii) the date of such Borrowing, which shall be a Business Day;
(iv) the location and number of the Borrower’s account to which funds are to be disbursed; and
(v) if a Revolving Credit Loan, the Exchange Rate as of the applicable Exchange Rate Maturity Date. Promptly following receipt of a Borrowing Request in accordance with this Section 2.02, the Administrative Agent shall notify each applicable Lender of the details thereof and of the amount of such ▇▇▇▇▇▇’▇ Loan to be made as part of the requested Borrowing. .
Appears in 1 contract
02Loans and Borrowings. (a) Each Loan shall be made as part of a Borrowing consisting of Loans under the same Facility and of the same Type made by the Lenders ratably in accordance with their respective CommitmentsCommitments under the applicable Facility. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided, that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required.
(a) Subject to Section 2.14, each Borrowing shall be comprised entirely of ABR Loans or Eurocurrency Loans as the Borrower may request in accordance herewith. Each Lender at its option may make any ABR Loan or Eurocurrency Loan by causing any domestic or foreign branch or Affiliate of such Lender to make such Loan; provided, that any exercise of such option shall not affect the obligation of the Borrower to repay such Loan in accordance with the terms of this Agreement and such Lender shall not be entitled to any amounts payable under Section 2.15 or 2.17 solely in respect of increased costs resulting from such exercise and existing at the time of such exercise.
(b) At the commencement of each Interest Period for any Eurocurrency Revolving Facility Borrowing, such Borrowing of Revolving Credit Loans shall be in an aggregate amount that is an integral multiple of the Borrowing Multiple and not less than the Borrowing Minimum. At the time that each ABR Revolving Facility Borrowing is made, provided that a such Borrowing of Revolving Credit Loan may shall be in an aggregate amount that is equal to the entire unused balance an integral multiple of the Revolving Credit CommitmentsBorrowing Multiple and not less than the Borrowing Minimum. More Borrowings of more than one Borrowing Type may occur on the same date and be outstanding at the same time. To request a Borrowing; provided, the applicable Borrower requesting the Borrowing shall notify the Administrative Agent of such request (which request shall be in writing unless otherwise agreed to by the Administrative Agent) no later than 11:00 a.m.however, Mexico City time, at least two (2) Business Days before the date of the proposed Borrowing. Each such Borrowing Request shall be irrevocable and by means of a written Borrowing Request delivered to the Administrative Agent in the form of Exhibit B or any other form approved by the Administrative Agent, and signed by that the Borrower requesting the proposed Borrowing. Each such shall not be entitled to request any Borrowing Request shall specify the following information:
that, if made, would result in more than (i) if the Borrowing shall be of a Revolving Credit Loan or a 10 Eurocurrency Borrowings outstanding under all Term Loan;
Facilities at any time and (ii) 10 Eurocurrency Borrowings outstanding under all Revolving Facilities at any time. Borrowings having different Interest Periods, regardless of whether they commence on the aggregate amount same date, shall be considered separate Borrowings.
(c) Notwithstanding any other provision of the requested Borrowing (expressed in Dollars but funded in Pesos in the case of a Revolving Credit Loan and in Pesos in the case of a Term Loan) and this Agreement, the Borrower requesting shall not be entitled to request, or to elect to convert or continue, any Borrowing of any Class if the Interest Period requested Borrowing;
(iii) with respect thereto would end after the date of Revolving Facility Maturity Date or the Term Facility Maturity Date for such BorrowingClass, which shall be a Business Day;
(iv) the location and number of the Borrower’s account to which funds are to be disbursed; and
(v) if a Revolving Credit Loan, the Exchange Rate as of the applicable Exchange Rate Date. Promptly following receipt of a Borrowing Request in accordance with this Section 2.02, the Administrative Agent shall notify each applicable Lender of the details thereof and of the amount of such ▇▇▇▇▇▇’▇ Loan to be made as part of the requested Borrowing. applicable.
Appears in 1 contract
02Loans and Borrowings. (a) Each Loan shall be made as part of a Borrowing consisting of Loans of the same Class and Type made to the Borrower by the Lenders ratably in accordance with their respective CommitmentsCommitments of the applicable Class. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required.
(b) Each Revolving Loan Borrowing shall be comprised entirely of ABR Loans or Term SOFR Loans as the Borrower may request in accordance herewith. Each Term Loan Borrowing shall be comprised entirely of Revolving Credit ABR Loans or Term SOFR Loans as the Borrower may request in accordance herewith. Each Swingline Loan shall be an ABR Loan and shall be denominated in Dollars. Each Lender at its option may make any Term SOFR Loan by causing any domestic or foreign branch or Affiliate of such Lender to make such Loan; provided that any exercise of such option shall not affect the obligation of the Borrower to repay such Loan in accordance with the terms of this Agreement.
(c) At the commencement of each Interest Period for any Term SOFR Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $1,000,000 (or, if not an integral multiple, the Borrowing Multiple entire available amount) and not less than $2,000,000. At the time that each ABR Borrowing Minimumis made, such Borrowing shall be in an aggregate amount that is an integral multiple of $500,000 and not less than $1,000,000. Borrowings of more than one Type and Class may be outstanding at the same time; provided that there shall not at any time be more than a total of ten (10) Term SOFR Borrowings outstanding. Each Swingline Loan shall be in an amount that is an integral multiple of $250,000 and not less than $500,000. Notwithstanding anything to the contrary herein, the Revolving Loans comprising any Borrowing of Revolving Credit Loan may be in an aggregate amount that is equal to the entire unused balance of the aggregate Revolving Credit Commitments. More than one Borrowing may occur on the same date and be outstanding at the same time. To request a Borrowing.
(d) Notwithstanding any other provision of this Agreement, the applicable Borrower requesting the shall not be entitled to request, or to elect to convert or continue, any Borrowing shall notify the Administrative Agent of such request (which request shall be in writing unless otherwise agreed to by the Administrative Agent) no later than 11:00 a.m., Mexico City time, at least two (2) Business Days before the date of the proposed Borrowing. Each such Borrowing Request shall be irrevocable and by means of a written Borrowing Request delivered to the Administrative Agent in the form of Exhibit B or any other form approved by the Administrative Agent, and signed by the Borrower requesting the proposed Borrowing. Each such Borrowing Request shall specify the following information:
(i) if the Borrowing shall be of a Interest Period requested with respect thereto would end after the applicable Revolving Credit Loan or a Term Loan;
Termination Date (ii) the aggregate amount of the requested Borrowing (expressed in Dollars but funded in Pesos in the case of a such Revolving Credit Loan) or the Term Loan and in Pesos Maturity Date applicable to such Borrowing (in the case of a such Term Loan) and ), as the Borrower requesting the requested Borrowing;case may be.
(iiie) the date of such Borrowing, which shall be a Business Day;
(iv) the location and number The obligations of the Borrower’s account Revolving Lenders hereunder to which funds make Revolving Loans, to fund participations in Letters of Credit and to make payments pursuant to Section 9.03(c) are to several and not joint (it being understood that the foregoing shall in no way be disbursed; and
(v) if a Revolving Credit Loan, the Exchange Rate as in derogation of the applicable Exchange Rate Date. Promptly following receipt reallocation of a Borrowing Request participations in accordance with this Letters of Credit among the Revolving Lenders contemplated by Section 2.02, the Administrative Agent shall notify each applicable Lender of the details thereof and of the amount of such ▇▇▇▇▇▇’▇ Loan to be made as part of the requested Borrowing. 2.22(a)(iv)).
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Sources: First Lien Credit Agreement (GoodRx Holdings, Inc.)
02Loans and Borrowings. (a) Each Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective CommitmentsCommitments of the applicable Class. Each Swingline Loan shall be made in accordance with Section 2.04. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder, provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required hereby.
(b) Subject to Section 2.14, each Revolving Borrowing and Term Borrowing shall be comprised entirely of Revolving Credit ABR Loans or Term SOFR Loans as the Borrower may request in accordance herewith; provided that all Borrowings made on the Effective Date must be made as ABR Borrowings unless the Borrower shall have given the notice required for a Term SOFR Borrowing under Section 2.03 and provided an indemnity letter extending the benefits of Section 2.16 to Lenders in respect of such Borrowings. Each Swingline Loan shall be an ABR Loan. Each Lender at its option may make any Loan by causing any domestic or foreign branch or Affiliate of such Lender to make such Loan; provided that any exercise of such option shall not affect the obligation of the Borrower to repay such Loan in accordance with the terms of this Agreement.
(c) At the commencement of each Interest Period for any Term SOFR Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of the Borrowing Multiple and not less than the Borrowing Minimum, ; provided that (i) a Term SOFR Borrowing that results from a continuation of an outstanding Term SOFR Borrowing may be in an aggregate amount that is equal to such outstanding Borrowing and (ii) a Term SOFR Borrowing of Revolving Credit any Class may be in an aggregate amount that is equal to the entire unused balance of the Commitments of such Class. At the time that each ABR Borrowing (including any Swingline Loan) is made, such Borrowing shall be in an aggregate amount that is an integral multiple of the Borrowing Multiple and not less than the Borrowing Minimum; provided that an ABR Borrowing of any Class or a Swingline Loan may be in an aggregate amount that is equal to the entire unused balance of the Commitments of such Class or, in the case of a Swingline Loan, of the aggregate Revolving Credit CommitmentsCommitments or, in the case of ABR Revolving Borrowings or Swingline Loans, that is required to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f). More Borrowings of more than one Borrowing Type and Class may occur on the same date and be outstanding at the same time. To request ; provided that there shall not at any time be more than a Borrowing, the applicable Borrower requesting the Borrowing shall notify total of six Term SOFR Borrowings outstanding (or such greater number of different Interest Periods as the Administrative Agent of such request (which request shall be in writing unless otherwise agreed may agree from time to by the Administrative Agent) no later than 11:00 a.m., Mexico City time, at least two (2) Business Days before the date of the proposed Borrowing. Each such Borrowing Request shall be irrevocable and by means of a written Borrowing Request delivered to the Administrative Agent in the form of Exhibit B or any other form approved by the Administrative Agent, and signed by the Borrower requesting the proposed Borrowing. Each such Borrowing Request shall specify the following information:
(i) if the Borrowing shall be of a Revolving Credit Loan or a Term Loan;
(ii) the aggregate amount of the requested Borrowing (expressed in Dollars but funded in Pesos in the case of a Revolving Credit Loan and in Pesos in the case of a Term Loan) and the Borrower requesting the requested Borrowing;
(iii) the date of such Borrowing, which shall be a Business Day;
(iv) the location and number of the Borrower’s account to which funds are to be disbursed; and
(v) if a Revolving Credit Loan, the Exchange Rate as of the applicable Exchange Rate Date. Promptly following receipt of a Borrowing Request in accordance with this Section 2.02, the Administrative Agent shall notify each applicable Lender of the details thereof and of the amount of such ▇▇▇▇▇▇’▇ Loan to be made as part of the requested Borrowing).
Appears in 1 contract
02Loans and Borrowings. (a) Each Loan shall be made as part of a Borrowing consisting of Loans under the same Facility and of the same Type made by the Lenders ratably in accordance with their respective Commitments under the applicable Facility (or, in the case of Swingline Loans, in accordance with their respective Swingline Commitments); provided, however, that Revolving Facility Loans of any Class shall be made by the Revolving Facility Lenders of such Class ratably in accordance with their respective Revolving Facility Percentages on the date such Loans are made hereunder. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided, that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required.
(b) Subject to Section 2.14(b), each Borrowing (other than a Swingline Borrowing) shall be comprised entirely of ABR Loans or Term Benchmark Loans as the Borrower may request in accordance herewith. Each Borrowing of Initial Revolving Credit Loans shall be comprised entirely of Standard Revolving Loans or Sustainability Loans as the Borrower may request in accordance herewith. Each Swingline Borrowing shall be comprised of the Types of Loans set forth in Section 2.04. Each Lender at its option may make any Term Benchmark Loan by causing any domestic or foreign branch or Affiliate of such Lender to make such Loan; provided, that any exercise of such option shall not affect the obligation of the Borrower to repay such Loan in accordance with the terms of this Agreement.
(c) [Reserved].
(d) At the commencement of each Interest Period for any Term Benchmark Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of the Borrowing Multiple and not less than the Borrowing Minimum; provided, provided that a Term Benchmark Borrowing of under the Revolving Credit Loan Facility may be in an aggregate amount that is equal to the entire unused available balance of the Revolving Credit CommitmentsFacility Commitments or that is required to finance the reimbursement of an L/C Disbursement as contemplated by Section 2.05(e). More At the time that each ABR Revolving Facility Borrowing is made, such Borrowing shall be in an aggregate amount that is an integral multiple of the Borrowing Multiple and not less than the Borrowing Minimum; provided, that an ABR Revolving Facility Borrowing may be in an aggregate amount that is equal to the entire unused available balance of the Revolving Facility Commitments or that is required to finance the reimbursement of an L/C Disbursement as contemplated by Section 2.05(e). Each Swingline Borrowing shall be in an amount that is an integral multiple of the Borrowing Multiple and not less than the Borrowing Minimum. Borrowings of more than one Borrowing Type and Class may occur on the same date and be outstanding at the same time. To request a Borrowing; provided, the applicable Borrower requesting the Borrowing shall notify the Administrative Agent of such request (which request shall be in writing unless otherwise agreed to by the Administrative Agent) no later than 11:00 a.m.however, Mexico City time, at least two (2) Business Days before the date of the proposed Borrowing. Each such Borrowing Request shall be irrevocable and by means of a written Borrowing Request delivered to the Administrative Agent in the form of Exhibit B or any other form approved by the Administrative Agent, and signed by that the Borrower requesting the proposed Borrowing. Each such shall not be entitled to request any Borrowing Request shall specify the following information:
that, if made, would result in more than (i) if the Borrowing shall be of a Revolving Credit Loan 10 Term Benchmark Borrowings outstanding under all Term Facilities at any time or a Term Loan;
(ii) 10 Term Benchmark Borrowings outstanding under all Revolving Facilities at any time. Borrowings having different Interest Periods, regardless of whether they commence on the aggregate amount same date, shall be considered separate Borrowings.
(e) Notwithstanding any other provision of the requested Borrowing (expressed in Dollars but funded in Pesos in the case of a Revolving Credit Loan and in Pesos in the case of a Term Loan) and this Agreement, the Borrower requesting shall not be entitled to request, or to elect to convert or continue, any Borrowing of any Class if the Interest Period requested Borrowing;
(iii) with respect thereto would end after the date of Revolving Facility Maturity Date or Term Facility Maturity Date for such BorrowingClass, which shall be a Business Day;
(iv) the location and number of the Borrower’s account to which funds are to be disbursed; and
(v) if a Revolving Credit Loan, the Exchange Rate as of the applicable Exchange Rate Date. Promptly following receipt of a Borrowing Request in accordance with this Section 2.02, the Administrative Agent shall notify each applicable Lender of the details thereof and of the amount of such ▇▇▇▇▇▇’▇ Loan to be made as part of the requested Borrowing. applicable.
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