Common use of 03Requests for Borrowings Clause in Contracts

03Requests for Borrowings. To request a Borrowing, the Borrower shall notify the Administrative Agent of such request by submitting a Borrowing Request not later than 11:00 A.M., New York City time, (a) in the case of the Borrowing of Initial Term Loans, (3) Business Days before the date of the proposed Borrowing and (b) in the case of a Borrowing of Delayed Draw Term Loans, (5) Business Days before the date of the proposed Borrowing. Such Borrowing Request shall be irrevocable and shall be signed by a Responsible Officer of the Borrower. Such Borrowing Request shall specify the following information in compliance with Section 2.02; provided that, notwithstanding anything to the contrary contained in this Agreement, the Administrative Agent shall not be required to make the Initial Term Loans available to the Borrower in immediately available funds on the Closing Date unless and until the Administrative Agent has received from the applicable Lenders, in its designated account, the aggregate amount equal to the Initial Term Loans requested by the Borrower to be funded hereunder. (i) the aggregate amount of the requested Borrowing of Initial Term Loans or Delayed Draw Term Loans, which shall comply with the requirements of Section 2.02(b); (ii) the date of such Borrowing of Initial Term Loans or Delayed Draw Term Loans, which shall be a Business Day; and (iii) the location and number of the Borrower’s account to which the proceeds of such Borrowing are to be disbursed. Promptly following receipt of such Borrowing Request in accordance with this Section 2.03, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Xxxxxx’s Loan to be made as part of the requested Borrowing. Not later than 1:00 P.M., New York ​ ​ City time, on the date of the proposed Borrowing, each Lender shall make available to the Administrative Agent an amount in Dollars and in immediately available funds equal to the Loan to be made by such Lender on the date of the proposed Borrowing. The Administrative Agent shall then make available to Borrower the aggregate of the amounts made available to the Administrative Agent by the Lenders, in like funds as received by the Administrative Agent.

Appears in 2 contracts

Samples: Senior Secured Credit Agreement (Battalion Oil Corp), Senior Secured Credit Agreement (Battalion Oil Corp)

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03Requests for Borrowings. To request a Term Loan Borrowing or a Revolving Borrowing, the Borrower shall notify the Administrative Agent of such request by submitting a Borrowing Request not later than 11:00 A.M., New York City time, telephone (a) in the case of the Borrowing of Initial Term Loansa Eurodollar Borrowing, (3) not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing and or (b) in the case of a Borrowing of Delayed Draw Term Loansan ABR Borrowing, (5) not later than 11:00 a.m., New York City time, one Business Days Day before the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.06(e) may be given not later than 10:00 a.m., New York City time, on the date of the proposed Borrowing. Such Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery, electronic transmission or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by a Responsible Officer of the Borrower. Such Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02; provided that, notwithstanding anything to the contrary contained in this Agreement, the Administrative Agent shall not be required to make the Initial Term Loans available to the Borrower in immediately available funds on the Closing Date unless and until the Administrative Agent has received from the applicable Lenders, in its designated account, the aggregate amount equal to the Initial Term Loans requested by the Borrower to be funded hereunder.: (i) the aggregate amount of the requested Borrowing of Initial Term Loans or Delayed Draw Term Loans, which shall comply with the requirements of Section 2.02(b)Borrowing; (ii) the date of such Borrowing of Initial Term Loans or Delayed Draw Term LoansBorrowing, which shall be a Business Day; (iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and (iiiv) the location and number of the Borrower’s account to which the proceeds of such Borrowing funds are to be disbursed, which shall comply with the requirements of Section 2.07. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Revolving Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of such a Borrowing Request in accordance with this Section 2.03Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such XxxxxxLender’s Loan to be made as part of the requested Borrowing. Not later than 1:00 P.M., New York ​ ​ City time, on the date of the proposed Borrowing, each Lender shall make available to the Administrative Agent an amount in Dollars and in immediately available funds equal to the Loan to be made by such Lender on the date of the proposed Borrowing. The Administrative Agent shall then make available to Borrower the aggregate of the amounts made available to the Administrative Agent by the Lenders, in like funds as received by the Administrative Agent.

Appears in 2 contracts

Samples: Credit Agreement (Virtusa Corp), Credit Agreement (Virtusa Corp)

03Requests for Borrowings. To request a Borrowing, the Borrower shall notify the Administrative Agent of such request either in writing (delivered by submitting hand or fax) in substantially the form of Exhibit F and signed by the Borrower or by telephone (such request a Borrowing Request not later than 11:00 A.M., New York City time, Request”) (a) in the case of the a Eurocurrency Borrowing of Initial Term Loansdenominated in Dollars, (3) Business Days before the date of the proposed Borrowing and (b) in the case of a Borrowing of Delayed Draw Term Loansnot later than 10:00 a.m., (5) New York City time, three Business Days before the date of the proposed Borrowing; provided that, in the case of a Eurocurrency Borrowing in Dollars to be funded on the Closing Date, not later than 10:00 a.m., New York City time, one Business Day before the Closing Date, (b) in the case of a Eurocurrency Borrowing denominated in an Alternative Currency, not later than 10:00 a.m., New York City time, four Business Days before the date of the proposed Borrowing, (c) in the case of a Eurocurrency Borrowing denominated in a Special Notice Currency, five Business Days before the date of the proposed Borrowing, or (d) in the case of an ABR Borrowing, not later than 12:00 p.m., New York City time, on the date of the proposed Borrowing; provided, that any such notice of an ABR Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.06(e) may be given not later than 10:00 a.m., New York City time, on the date of the proposed Borrowing. Such Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or fax to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by a Responsible Officer of the Borrower. Such Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02; provided that, notwithstanding anything to the contrary contained in this Agreement, the Administrative Agent shall not be required to make the Initial Term Loans available to the Borrower in immediately available funds on the Closing Date unless and until the Administrative Agent has received from the applicable Lenders, in its designated account, the aggregate amount equal to the Initial Term Loans requested by the Borrower to be funded hereunder.2.01: (i) the aggregate amount of the requested Borrowing and a breakdown of Initial Term Loans or Delayed Draw Term Loans, which shall comply with the requirements of Section 2.02(b)separate wires comprising such Borrowing; (ii) the date of such Borrowing of Initial Term Loans or Delayed Draw Term LoansBorrowing, which shall be a Business Day; (iii) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Borrowing; (iv) the currency of the Loans to be borrowed; and (iiiv) in the location and number case of a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the Borrowerterm “Interest Period.” If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s account duration. If no currency is specified with respect to which any Borrowing, then the proceeds of such Borrowing are to Borrowings so requested shall be disbursedmade in Dollars. Promptly following receipt of such a Borrowing Request in accordance with this Section 2.03, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such XxxxxxLender’s Loan to be made as part of the requested Borrowing. Not later than 1:00 P.M., New York ​ ​ City time, on the date of the proposed Borrowing, each Lender shall make available to the Administrative Agent an amount in Dollars and in immediately available funds equal to the Loan to be made by such Lender on the date of the proposed Borrowing. The Administrative Agent shall then make available to Borrower the aggregate of the amounts made available to the Administrative Agent by the Lenders, in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Ping Identity Holding Corp.)

03Requests for Borrowings. To request (a) Each Revolving Borrowing and Term Borrowing shall be made upon the Borrower’s notice to the Administrative Agent, in the form of a written Borrowing Request signed by a Responsible Officer of the Borrower, (i) in the case of a Term SOFR Borrowing, the Borrower shall notify the Administrative Agent of such request by submitting a Borrowing Request not later than 11:00 A.M.12:00 noon, New York City time, (a) in the case of the Borrowing of Initial Term Loans, (3) three Business Days before the date of the proposed Borrowing and or (bii) in the case of a Borrowing of Delayed Draw Term Loansan ABR Borrowing, (5) not later than 12:00 noon, New York City time, one Business Days Day before the date of the proposed Borrowing; provided that (A) any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f) may be given not later than 10:00 a.m., New York City time, on the date of the proposed Borrowing and (B) any such notice of a Borrowing to be made under an Incremental Facility Amendment or a Refinancing Amendment may be given no later than such later time as shall be specified therefor in the applicable Incremental Facility Amendment or Refinancing Amendment. Such Each such Borrowing Request shall be irrevocable and shall irrevocable, except as may otherwise be signed by a Responsible Officer of specified with respect thereto in the Borrower. Such applicable Incremental Facility Amendment or Refinancing Amendment. (b) Each Borrowing Request shall specify the following information in compliance with Section 2.02; provided that, notwithstanding anything to the contrary contained in this Agreement, the Administrative Agent shall not be required to make the Initial Term Loans available to the Borrower in immediately available funds on the Closing Date unless and until the Administrative Agent has received from the applicable Lenders, in its designated account, the aggregate amount equal to the Initial Term Loans requested by the Borrower to be funded hereunder.: (i) the aggregate principal amount of the requested Borrowing of Initial Term Loans or Delayed Draw Term Loans, which shall comply with and the requirements of Section 2.02(b)Class thereof; (ii) the date of such Borrowing of Initial Term Loans or Delayed Draw Term LoansBorrowing, which shall be a Business Day; (iii) whether such Borrowing is to be an ABR Borrowing or a Term SOFR Borrowing; (iv) in the case of a Term SOFR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and (iiiv) the location and number of the Borrower’s account to which the proceeds of such Borrowing funds are to be disburseddisbursed or, in the case of any ABR Revolving Borrowing requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Term SOFR Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of such a Borrowing Request in accordance with this Section 2.03Section, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Xxxxxx’s Loan to be made as part of the requested Borrowing. Not later than 1:00 P.M., New York ​ ​ City time, on the date of the proposed Borrowing, each Lender shall make available to the Administrative Agent an amount in Dollars and in immediately available funds equal to the Loan to be made by such Lender on the date of the proposed Borrowing. The Administrative Agent shall then make available to Borrower the aggregate of the amounts made available to the Administrative Agent by the Lenders, in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Camping World Holdings, Inc.)

03Requests for Borrowings. To request a Borrowing, the Borrower shall notify the Administrative Agent of such request by submitting a Borrowing Request not later than 11:00 A.M., New York City time, (a) in the case of the Borrowing of Initial Term Loans, (3) Business Days before the date of the proposed Borrowing and (b) in the case of a Borrowing of Delayed Draw Term Loans, (5) Business Days before the date of the proposed Borrowing. Such Borrowing Request shall be irrevocable and shall be signed by a Responsible Officer of the Borrower. Such Borrowing Request shall specify the following information in compliance with Section 2.02; provided that, notwithstanding anything to the contrary contained in this Agreement, the Administrative Agent shall not be required to make the Initial Term Loans available to the Borrower in immediately available funds on the Closing Date unless and until the Administrative Agent has received from the applicable Lenders, in its designated account, the aggregate amount equal to the Initial Term Loans requested by the Borrower to be funded hereunder. (i) the aggregate amount of the requested Borrowing of Initial Term Loans or Delayed Draw Term Loans, which shall comply with the requirements of Section 2.02(b); (ii) the date of such Borrowing of Initial Term Loans or Delayed Draw Term Loans, which shall be a Business Day; and (iii) the location and number of the Borrower’s account to which the proceeds of such Borrowing are to be disbursed. ​ ​ ​ Promptly following receipt of such Borrowing Request in accordance with this Section 2.03, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Xxxxxx’s Loan to be made as part of the requested Borrowing. Not later than 1:00 P.M., New York ​ ​ City time, on the date of the proposed Borrowing, each Lender shall make available to the Administrative Agent an amount in Dollars and in immediately available funds equal to the Loan to be made by such Lender Xxxxxx on the date of the proposed Borrowing. The Administrative Agent shall then make available to Borrower the aggregate of the amounts made available to the Administrative Agent by the Lenders, in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Senior Secured Credit Agreement (Battalion Oil Corp)

03Requests for Borrowings. To request a Borrowing, the Borrower shall notify the Administrative Agent of such request by submitting a Borrowing Request not later than 11:00 A.M., New York City time, electronic mail (a) in the case of the Borrowing of Initial a Term LoansBenchmark Borrowing, (3) not later than 2:00 p.m., New York City time, three U.S. Government Securities Business Days before the date of the proposed Borrowing and or (b) in the case of a Borrowing of Delayed Draw Term Loansan ABR Borrowing, (5) Business Days before not later than 1:00 p.m., New York City time, on the date of the proposed Borrowing. Such Each such Borrowing Request shall be irrevocable and shall be signed by a Responsible an Authorized Officer of the Borrower. Such Each such Borrowing Request shall specify the following information in compliance with Section 2.02; provided that, notwithstanding anything to the contrary contained in this Agreement, the Administrative Agent shall not be required to make the Initial Term Loans available to the Borrower in immediately available funds on the Closing Date unless and until the Administrative Agent has received from the applicable Lenders, in its designated account, the aggregate amount equal to the Initial Term Loans requested by the Borrower to be funded hereunder.: (i) the aggregate principal amount of the requested Borrowing of Initial Term Loans or Delayed Draw Term Loans, which shall comply with the requirements of Section 2.02(b)Borrowing; (ii) the date of such Borrowing of Initial Term Loans or Delayed Draw Term LoansBorrowing, which shall be a Business Day; (iii) whether such Borrowing is to be an ABR Borrowing or a Term Benchmark Borrowing; (iv) in the case of a Term Benchmark Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and (iiiv) the amount of the Aggregate Commitments, the current Total Credit Exposure (without regard to the requested Borrowing) and the pro forma Total Credit Exposure (giving effect to the requested Borrowing); and (vi) the location and number of the Borrower’s account to which the proceeds of such Borrowing funds are to be disbursed, which shall comply with the requirements of Section 2.05, or, in the case of an ABR Borrowing requested to finance the reimbursement of an LC Disbursement as provided in Section 2.04(e), the identity of the Issuing Bank that has made such LC Disbursement. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Term Benchmark Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of such a Borrowing Request in accordance with this Section 2.03Section, the Administrative Agent shall ​ ​ advise each Lender of the details thereof and of the amount of such Xxxxxx’s Loan to be made as part of the requested Borrowing. Not later than 1:00 P.M., New York ​ ​ City time, on the date of the proposed Borrowing, each Lender shall make available to the Administrative Agent an amount in Dollars and in immediately available funds equal to the Loan to be made by such Lender on the date of the proposed Borrowing. The Administrative Agent shall then make available to Borrower the aggregate of the amounts made available to the Administrative Agent by the Lenders, in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (ANTERO RESOURCES Corp)

03Requests for Borrowings. To request a Borrowing, the Borrower shall notify the Administrative Agent of such request by submitting irrevocable written notice (via a written Borrowing Request not later than 11:00 A.M., New York City time, signed by a Responsible Officer of the Borrower) (a) in the case of the Borrowing of Initial a Term LoansBenchmark Borrowing, (3) not later than 11:00 a.m., New York City time, three U.S. Government Securities Business Days before the date of the proposed Borrowing (or one Business Day before the Effective Date with respect to the Term Loans to be made on the Effective Date, and such written notice of borrowing shall be revocable by the Borrower prior to 11:00 a.m. New York City time on the Effective Date) or (b) in the case of a Borrowing of Delayed Draw Term Loansan ABR Borrowing, (5) not later than 11:00 a.m., New York City time, one Business Days Day before the date of the proposed Borrowing; provided that, solely in the case of Borrowings requested after the Effective Date in connection with an Acquisition or similar Investment that constitutes a Limited Conditionality Transaction (and subject to payment of amounts required by Section 2.16), any notice of Borrowing may state that such notice is conditioned upon the consummation of such Acquisition or Investment, in which case such notice may be revoked by the Borrower (by notice to the Administrative Agent on or prior to the specified effective date) if such condition is not met. Such Borrowing Request shall be irrevocable and shall be signed by a Responsible Officer of the Borrower. Such Each such Borrowing Request shall specify the following information in compliance with Section 2.02; provided that, notwithstanding anything to the contrary contained in this Agreement, the Administrative Agent shall not be required to make the Initial Term Loans available to the Borrower in immediately available funds on the Closing Date unless and until the Administrative Agent has received from the applicable Lenders, in its designated account, the aggregate amount equal to the Initial Term Loans requested by the Borrower to be funded hereunder.: (ia) the aggregate principal amount of the requested Borrowing of Initial Term Loans or Delayed Draw Term Loans, which shall comply with the requirements of Section 2.02(b)Borrowing; (iib) the date of such Borrowing of Initial Term Loans or Delayed Draw Term LoansBorrowing, which shall be a Business Day; (c) whether such Borrowing is to be an ABR Borrowing or a Term Benchmark Borrowing; (d) in the case of a Term Benchmark Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and (iiie) the location and number of the Borrower’s account to which the proceeds of such Borrowing funds are to be disbursed, which shall comply with the requirements of Section 2.07. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Term Benchmark Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of such a Borrowing Request in accordance with this Section 2.03, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Xxxxxx’s Loan to be made as part of the requested Borrowing. Not later than 1:00 P.M., New York ​ ​ City time, on the date of the proposed Borrowing, each Lender shall make available to the Administrative Agent an amount in Dollars and in immediately available funds equal to the Loan to be made by such Lender on the date of the proposed Borrowing. The Administrative Agent shall then make available to Borrower the aggregate of the amounts made available to the Administrative Agent by the Lenders, in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Harmony Biosciences Holdings, Inc.)

03Requests for Borrowings. To request a Revolving Facility Borrowing and/or Term Loan Borrowing, the Borrower shall notify the Administrative Agent of such request by submitting a Borrowing Request not later than 11:00 A.M., New York City time, (a) in the case of the Borrowing of Initial a Term LoansBenchmark Borrowing, not later than 12:00 p.m., Local Time, three (3) Business Days before the date of the proposed Borrowing and or (b) in the case of a Borrowing of Delayed Draw Term Loansan ABR Borrowing, (5) not later than 12:00 p.m., Local Time, on the Business Days before the date Day of the proposed Borrowing; provided, that, to request a Term Benchmark Borrowing or ABR Borrowing on the Closing Date, the Borrower shall notify the Administrative Agent of such request no later than 5:00 p.m., Local Time, one (1) Business Day prior to such date (or such later time as the Administrative Agent may agree). Such Each such Borrowing Request shall be irrevocable and shall be signed by a Responsible Officer (other than in the case of any notice given in respect of the BorrowerClosing Date, which may be conditioned upon the consummation of the SPAC Merger). Such Each such Borrowing Request shall specify the following information in compliance with Section 2.02; provided that, notwithstanding anything to the contrary contained in this Agreement, the Administrative Agent shall not be required to make the Initial Term Loans available to the Borrower in immediately available funds on the Closing Date unless and until the Administrative Agent has received from the applicable Lenders, in its designated account, the aggregate amount equal to the Initial Term Loans requested by the Borrower to be funded hereunder.: (i) whether such Borrowing is to be a Borrowing of Initial Term Loans, Other Term Loans or Revolving Facility Loans of a particular Class, as applicable; (ii) the aggregate amount of the requested Borrowing of Initial Term Loans or Delayed Draw Term Loans, which shall comply with the requirements of Section 2.02(b)Borrowing; (iiiii) the date of such Borrowing of Initial Term Loans or Delayed Draw Term LoansBorrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Term Benchmark Borrowing; ​ ​ ​ (v) in the case of a Term Benchmark Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (vi) in the case of a Revolving Facility Borrowing, whether such Borrowing is to be for Standard Revolving Loans or Sustainability Loans; and (iiivii) the location and number of the Borrower’s account to which the proceeds of such Borrowing funds are to be disbursed. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Term Benchmark Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one (1) month’s duration. In the case of a Revolving Facility Borrowing, if no election is made pursuant to clause (vi) above then the Borrower shall be deemed to have selected Standard Revolving Loans. Promptly following receipt of such a Borrowing Request in accordance with this Section 2.03, the Administrative Agent shall advise each applicable Lender of the details thereof and of the amount of such Xxxxxx’s Loan to be made as part of the requested Borrowing. Not later than 1:00 P.M., New York ​ ​ City time, on the date of the proposed Borrowing, each Lender shall make available to the Administrative Agent an amount in Dollars and in immediately available funds equal to the Loan to be made by such Lender on the date of the proposed Borrowing. The Administrative Agent shall then make available to Borrower the aggregate of the amounts made available to the Administrative Agent by the Lenders, in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Westrock Coffee Co)

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03Requests for Borrowings. To request a Revolving Loan Borrowing or Term Loan Borrowing, the Borrower shall notify the Administrative Agent of such request request, which notice may be given by submitting (A) telephone or (B) a Borrowing Request Request; provided that any telephone notice must be confirmed promptly by delivery to the Administrative Agent of a Borrowing Request. Each such notice must be received by the Administrative Agent (a)(x) in the case of a EurocurrencySOFR Borrowing, not later than 11:00 A.M.2:00 p.m., New York City time, (a) in the case of the Borrowing of Initial Term Loans, (3) three U.S. Government Securities Business Days before the date of the proposed Borrowing and (or, in the case of any Eurocurrency Borrowing to be made on the Effective Date, such shorter period of time as may be agreed to by the Administrative Agent) or (b) in the case of a an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Loan Borrowing to finance the reimbursement of Delayed Draw Term Loansan LC Disbursement as contemplated by Section 2.05(f) may be given no later than 2:00 p.m., (5) Business Days before New York City time, on the date of the proposed Borrowing. Such Each such Borrowing Request shall be irrevocable and shall be delivered by hand delivery, facsimile or other electronic transmission (or, if requested by telephone, promptly confirmed in writing by hand delivery, facsimile or other electronic transmission) to the Administrative Agent and shall be signed by a Responsible Officer of the Borrower. Such Each such Borrowing Request shall specify the following information in compliance with Section 2.02; provided that, notwithstanding anything to the contrary contained in this Agreement, the Administrative Agent shall not be required to make the Initial Term Loans available to the Borrower in immediately available funds on the Closing Date unless and until the Administrative Agent has received from the applicable Lenders, in its designated account, the aggregate amount equal to the Initial Term Loans requested by the Borrower to be funded hereunder.information: (i) the aggregate amount of whether the requested Borrowing is to be a Term Loan Borrowing, a Revolving Loan Borrowing or a Borrowing of Initial Term Loans or Delayed Draw Term Loans, which shall comply with any other Class (specifying the requirements of Section 2.02(bClass thereof); (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing of Initial Term Loans or Delayed Draw Term LoansBorrowing, which shall be a Business Day; and; (iiiiv) whether such Borrowing is to be an ABR Borrowing or a EurocurrencySOFR Borrowing; (v) in the case of a EurocurrencySOFR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (vi) the location and number of the Borrower’s account to which the proceeds of such Borrowing funds are to be disbursed, which shall comply with the requirements of Section 2.06 or, in the case of any ABR Revolving Loan Borrowing requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; and (vii) except on the Effective Date, that, as of the date of such Borrowing, the conditions set forth in Section 4.02(a) and Section 4.02(b) are satisfied. If no election as to the Type of Borrowing is specified as to any Borrowing, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested EurocurrencySOFR Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of such a Borrowing Request in accordance with this Section 2.03Section, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Xxxxxx’s Loan to be made as part of the requested Borrowing. Not later than 1:00 P.M., New York ​ ​ City time, on the date of the proposed Borrowing, each Lender shall make available to the Administrative Agent an amount in Dollars and in immediately available funds equal to the Loan to be made by such Lender on the date of the proposed Borrowing. The Administrative Agent shall then make available to Borrower the aggregate of the amounts made available to the Administrative Agent by the Lenders, in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Amc Entertainment Holdings, Inc.)

03Requests for Borrowings. To request a Revolving Facility Borrowing and/or an Incremental Term Borrowing, the Borrower shall notify the Administrative Agent of such request by submitting in writing in the form of a Borrowing Request not later than 11:00 A.M., New York City time, signed by the Borrower by hand delivery or electronic means (a) in the case of the Borrowing of Initial Term Loansa Eurocurrency Borrowing, not later than 12:00 noon, Local Time, (3x) at least five (5) Business Days before the date in advance of the proposed Borrowing Date in the case of a Revolving Facility Borrowing in an amount less than $5,000,000, and (y) at least fifteen (15) Business Days in advance of the proposed Borrowing Date in the case of a Revolving Facility Borrowing in an amount greater than or equal to $5,000,000 or (b) in the case of a Borrowing of Delayed Draw Term Loansan ABR Borrowing, not later than 11:00 a.m. Local Time, (x) at least five (5) Business Days before the date in advance of the proposed Borrowing. Such Borrowing Request shall be irrevocable Date in the case of a Revolving Facility Borrowing in an amount less than $5,000,000, and shall be signed by a Responsible Officer (y) at least fifteen (15) Business Days in advance of the Borrowerproposed Borrowing Date in the case of a Revolving Facility Borrowing in an amount greater than or equal to $5,000,000 provided, that, (i) to request a Eurocurrency Borrowing or ABR Borrowing on the Closing Date, the Borrower shall notify the Administrative Agent of such request in writing (which may be by electronic means) not later than 5:00 p.m., Local Time, one Business Day prior to the Closing Date (or such later time as the Administrative Agent may agree), (ii) to request a Eurocurrency Borrowing or ABR Borrowing on the First Incremental Assumption and Amendment Agreement Effective Date, the Borrower shall notify the Administrative Agent of such request in writing (which may be by electronic means) not later than 5:00 p.m., Local Time, one Business Day prior to the First Incremental Assumption and Amendment Agreement Effective Date (or such later time as the Administrative Agent may agree), (iii) to request a Eurocurrency Borrowing or ABR Borrowing on the Fourth Incremental Assumption and Amendment Agreement Effective Date, the Borrower shall notify the Administrative Agent of such request in writing (which may be by electronic means) not later than 5:00 p.m., Local Time, one Business Day prior to the Fourth Incremental Assumption and Amendment Agreement Effective Date (or such later time as the Administrative Agent may agree) and (iv) any such notice of an Incremental Term Borrowing may be given at such time as provided in the applicable Incremental Assumption Agreement. Such Each such written Borrowing Request shall specify the following information in compliance with Section 2.02; provided that, notwithstanding anything to the contrary contained in this Agreement, the Administrative Agent shall not be required to make the Initial Term Loans available to the Borrower in immediately available funds on the Closing Date unless and until the Administrative Agent has received from the applicable Lenders, in its designated account, the aggregate amount equal to the Initial Term Loans requested by the Borrower to be funded hereunder.: (i) whether such Borrowing is to be a Borrowing of Term B Loans, Term B-1 Loans, Term B-2 Loans or Revolving Facility Loans, as applicable; (ii) the aggregate amount of the requested Borrowing of Initial Term Loans or Delayed Draw Term Loans, which shall comply with the requirements of Section 2.02(b);Borrowing; ​ ​ (iiiii) the date of such Borrowing of Initial Term Loans or Delayed Draw Term LoansBorrowing, which shall be a Business DayDay (the “Borrowing Date”); (iv) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Borrowing; (v) in the case of a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and (iiivi) the location and number of the Borrower’s account to which the proceeds of such Borrowing funds are to be disbursed. If no election as to the currency of any Revolving Facility Borrowing is made, then the requested Borrowing shall be made in Dollars. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of such a Borrowing Request in accordance with this Section 2.03, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Xxxxxx’s Loan to be made as part of the requested Borrowing. Not later than 1:00 P.M., New York ​ ​ City time, on the date of the proposed Borrowing, each Lender shall make available to the Administrative Agent an amount in Dollars and in immediately available funds equal to the Loan to be made by such Lender on the date of the proposed Borrowing. The Administrative Agent shall then make available to Borrower the aggregate of the amounts made available to the Administrative Agent by the Lenders, in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Redbox Entertainment Inc.)

03Requests for Borrowings. To request a Borrowing, the Borrower shall notify the Administrative Agent by hand delivery, electronic communication (including Adobe pdf file) or facsimile of such request by submitting a written Borrowing Request signed by the Borrower by (a) in the 100 case of a Term SOFR Borrowing, not later than 11:00 A.M.a.m., New York City time, (a) in the case of the Borrowing of Initial Term Loans, three (3) Business Days before the date of the proposed Borrowing and or (b) in the case of an ABR Borrowing or a Borrowing of Delayed Draw Term Loansa Daily SOFR Loan, not later than 11:00 a.m., New York City time, one (51) Business Days Day before the date of the proposed Borrowing; provided, that any notice of a Borrowing to be made on the Sixth Amendment Effective Date may be given not later than 11:00 a.m. New York City time (or such later time as the Administrative Agent may reasonably agree), one (1) Business Day prior to the date of the proposed Borrowing, which notice may be subject to the effectiveness of the Sixth Amendment. Such Each written Borrowing Request shall be irrevocable and shall be signed permitted by a Responsible Officer of the Borrower. Such Borrowing Request immediately preceding sentence shall specify the following information in compliance with Section 2.02; provided that, notwithstanding anything to the contrary contained in this Agreement, the Administrative Agent shall not be required to make the Initial Term Loans available to the Borrower in immediately available funds on the Closing Date unless and until the Administrative Agent has received from the applicable Lenders, in its designated account, the aggregate amount equal to the Initial Term Loans requested by the Borrower to be funded hereunder.information: (i) the Class of such Borrowing; (ii) the aggregate amount of such Borrowing; (iii) the requested date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Term SOFR Borrowing; (v) in the case of Initial a Term Loans or Delayed Draw Term LoansSOFR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period;” (vi) the location and number of the applicable Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.02(b); (ii) the date of such Borrowing of Initial Term Loans or Delayed Draw Term Loans, which shall be a Business Day2.06; and (iiivii) in the location and number case of a Borrowing Request made in respect of a Revolving Loan Borrowing (other than a Revolving Loan Borrowing made on the Borrower’s account to which the proceeds Closing Date), that as of such date the express conditions in Section 4.02(a) and (b) are satisfied (or waived). If no election as to the Type of Borrowing are is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Term SOFR Borrowing, then the Borrower shall be disburseddeemed to have selected an Interest Period of one (1) month’s duration. Promptly following receipt of such a Borrowing Request in accordance with this Section 2.03Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Xxxxxx’s Loan to be made as part of the requested Borrowing. Not later than 1:00 P.M., New York ​ ​ City time, on the date of the proposed Borrowing, each Lender shall make available to the Administrative Agent an amount in Dollars and in immediately available funds equal to the Loan to be made by such Lender on the date of the proposed Borrowing. The Administrative Agent shall then make available to Borrower the aggregate of the amounts made available to the Administrative Agent by the Lenders, in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: First Lien Credit Agreement (GoodRx Holdings, Inc.)

03Requests for Borrowings. To request a Borrowing, the Borrower shall notify the Administrative Agent of such request either in writing (delivered by submitting hand, facsimile or through Electronic System) in a Borrowing Request form approved by the Administrative Agent and signed by the Borrower or by telephone or through Electronic System, if arrangements for doing so have been approved by the Administrative Agent, not later than 11:00 A.M., New York City time, (a) in the case of the Borrowing of Initial Term Loansa Eurodollar Borrowing, 12:00 noon, Houston, Texas time, three (3) Business Days before the date of the proposed Borrowing and or (b) in the case of a Borrowing of Delayed Draw Term Loansan ABR Borrowing, (5) Business Days before 12:00 noon, Houston, Texas time, on the date of the proposed Borrowing; provided that any such notice of an ABR Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.06(e) may be given not later than 10:00 a.m., Houston, Texas time, on the date of such proposed Borrowing. Such Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery, facsimile or a communication through Electronic System to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by a Responsible Officer of the Borrower. Such Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02; provided that, notwithstanding anything to the contrary contained in this Agreement, the Administrative Agent shall not be required to make the Initial Term Loans available to the Borrower in immediately available funds on the Closing Date unless and until the Administrative Agent has received from the applicable Lenders, in its designated account, the aggregate amount equal to the Initial Term Loans requested by the Borrower to be funded hereunder.: (i) the aggregate amount of the requested Borrowing and a breakdown of Initial Term Loans or Delayed Draw Term Loans, which shall comply with the requirements of Section 2.02(b)separate wires comprising such Borrowing; (ii) the date of such Borrowing of Initial Term Loans or Delayed Draw Term LoansBorrowing, which shall be a Business Day; (iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; and (iiiiv) in the location and number case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the Borrowerterm “Interest Period”. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one (1) month’s account to which the proceeds of such Borrowing are to be disbursedduration. Promptly following receipt of such a Borrowing Request in accordance with this Section 2.03Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such XxxxxxLender’s Loan to be made as part of the requested Borrowing. Not later than 1:00 P.M., New York ​ ​ City time, on the date of the proposed Borrowing, each Lender shall make available to the Administrative Agent an amount in Dollars and in immediately available funds equal to the Loan to be made by such Lender on the date of the proposed Borrowing. The Administrative Agent shall then make available to Borrower the aggregate of the amounts made available to the Administrative Agent by the Lenders, in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Cactus, Inc.)

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