Common use of 364-Day Borrowing Notice; Funding Notice Clause in Contracts

364-Day Borrowing Notice; Funding Notice. Borrower shall give the Administrative Agent prior written notice by facsimile (effective upon receipt) of each request for a 364-Day Advance (a) in the case of a Base Rate Loan, on or before 11:00 A.M. (Central time) on the day of making such Base Rate Loan, and (b) in the case of a LIBO Rate Loan, on or before 11:00 A.M. (Central time) at least three (3) Banking Days prior to the date of making such LIBO Rate Loan. Each notice must be in substantially the form of Exhibit 2.3 hereto ("364-DAY BORROWING NOTICE") and must specify (w) the amount of such 364-Day Advance, (x) the proposed date of making such 364-Day Advance, (y) whether Borrower requests that the 364-Day Advance will bear interest at (i) the Base Rate (the amount that is to bear interest at the Base Rate must be a minimum of $10,000,000.00 and in incremental multiples of $1,000,000.00) or (ii) the LIBO Rate (the amount that is to bear interest at the LIBO Rate must be a minimum of $10,000,000.00 and in incremental multiples of $1,000,000.00), and (z) in the case of a LIBO Rate Loan, the initial LIBO Rate Period applicable thereto. The Administrative Agent shall, on or before 12:00 noon (Central time) of the same Banking Day, notify each Syndication Party ("364-DAY FUNDING NOTICE") of its receipt of each such 364-Day Borrowing Notice and the amount of such Syndication Party's Funding Share thereunder. Not later than 2:00 P.M. (Central time) on the date of a 364-Day Advance, each Syndication Party will make available to the Administrative Agent at the Administrative Agent's Office, in immediately available funds, such Syndication Party's Funding Share of such 364-Day Advance. After the Administrative Agent's receipt of such funds, but not later than 3:00 P.M. (Central time), and upon fulfillment of the applicable conditions set forth in Article 11 hereof, the Administrative Agent will make such 364-Day Advance available to Borrower, in immediately available funds, and will transmit such funds by wire transfer to Borrower's Account.

Appears in 1 contract

Samples: Credit Agreement (Cenex Harvest States Cooperatives)

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364-Day Borrowing Notice; Funding Notice. Borrower shall give the Administrative Agent prior written notice by facsimile in substantially the form of Exhibit 2.3 hereto (“364-Day Borrowing Notice”) (effective upon receipt) of each request for a 364-Day Advance Pro Rata Advance, which 364-Day Borrowing Notice shall be irrevocable as to any LIBO Rate Loan requested therein: (a) in the case of a Base Rate Loan, on or before 11:00 A.M. 12:30 P.M. (Central time) on the day of making such Base Rate Loan, and (b) in the case of a LIBO Rate Loan, on or before 11:00 A.M. 12:30 P.M. (Central time) at least three (3) Banking Days prior to the date of making such LIBO Rate Loan. Each notice must be in substantially the form of Exhibit 2.3 hereto ("364-DAY BORROWING NOTICE") and Day Borrowing Notice must specify (w) the amount of such 364-Day AdvancePro Rata Advance (provided that such amount must be a minimum of $5,000,000.00 for Base Rate Loans and $10,000,000.00 for LIBO Rate Loans and, in either case, must be in incremental multiples of $1,000,000.00), (x) the proposed date of making such 364-Day Pro Rata Advance, (y) whether Borrower requests that the 364-Day Pro Rata Advance will bear interest at (i) the Base Rate (the amount that is to bear interest at the Base Rate must be a minimum of $10,000,000.00 and in incremental multiples of $1,000,000.00) or (ii) the LIBO Rate (the amount that is to bear interest at the LIBO Rate must be a minimum of $10,000,000.00 and in incremental multiples of $1,000,000.00)Rate, and (z) in the case of a LIBO Rate Loan, the initial LIBO Rate Period applicable thereto. The Administrative Agent shall, on or before 12:00 noon 1:00 P.M. (Central time) of the same Banking Day, notify each Syndication Party ("364-DAY FUNDING NOTICE"Day Funding Notice”) of its receipt of each such 364-Day Borrowing Notice and the amount of such Syndication Party's ’s Funding Share thereunder. Not later than 2:00 P.M. (Central time) on the date of a 364-Day Pro Rata Advance, each Syndication Party will make available to the Administrative Agent at the Administrative Agent's ’s Office, in immediately available funds, such Syndication Party's ’s Funding Share of such 364-Day Pro Rata Advance. After the Administrative Agent's ’s receipt of such funds, but not later than 3:00 P.M. (Central time), and upon fulfillment of the applicable conditions set forth in Article 11 9 hereof, the Administrative Agent will make such 364-Day Pro Rata Advance available to Borrower, in immediately available funds, and will transmit such funds by wire transfer to Borrower's ’s Account.

Appears in 1 contract

Samples: Credit Agreement (Farmland Industries Inc)

364-Day Borrowing Notice; Funding Notice. Borrower shall give the Administrative Agent prior written notice by facsimile (effective upon receipt) of each request for a 364-Day Pro Rata Advance (a) in the case of a Base Rate Loan, on or before 11:00 A.M. (Central time) on the day of making such Base Rate Loan, and (b) in the case of a LIBO Rate Loan, on or before 11:00 A.M. (Central time) at least three (3) Banking Days prior to the date of making such LIBO Rate Loan. Each notice must be in substantially the form of Exhibit 2.3 hereto ("364-DAY BORROWING NOTICE") and must specify (w) the amount of such 364-Day Advance, (x) the proposed date of making such 364-Day Advance, (y) whether Borrower requests that the 364-Day Advance will bear interest at (i) the Base Rate (the amount that is to bear interest at the Base Rate must be a minimum of $10,000,000.00 and in incremental multiples of $1,000,000.00) or (ii) the LIBO Rate (the amount that is to bear interest at the LIBO Rate must be a minimum of $10,000,000.00 and in incremental multiples of $1,000,000.00)Rate, and (z) in the case of a LIBO Rate Loan, the initial LIBO Rate Period applicable thereto. The Administrative Agent shall, on or before 12:00 noon (Central time) of the same Banking Day, notify each Syndication Party ("364-DAY FUNDING NOTICE") of its receipt of each such 364-Day Borrowing Notice and the amount of such Syndication Party's Funding Share thereunder. Not later than 2:00 P.M. (Central time) on the date of a 364-Day Pro Rata Advance, each Syndication Party will make available to the Administrative Agent at the Administrative Agent's Office, in immediately available funds, such Syndication Party's Funding Share of such 364-Day Advance. After the Administrative Agent's receipt of such funds, but not later than 3:00 P.M. (Central time), and upon fulfillment of the applicable conditions set forth in Article 11 hereof, the Administrative Agent will make such 364-Day Advance available to Borrower, in immediately available funds, and will transmit such funds by wire transfer to Borrower's Account.

Appears in 1 contract

Samples: Credit Agreement (Cenex Harvest States Cooperatives)

364-Day Borrowing Notice; Funding Notice. Borrower shall give the Administrative Agent prior written notice by facsimile (effective upon receipt) of each request for a 364-Day Advance (a) in the case of a Base Rate Loan, on or before 11:00 A.M. (Central time) on the day of making such Base Rate Loan, and (b) in the case of a LIBO Rate Loan, on or before 11:00 A.M. (Central time) at least three (3) Banking Days prior to the date of making such LIBO Rate Loan. Each notice must be in substantially the form of Exhibit 2.3 hereto ("364-DAY BORROWING NOTICE"Day Borrowing Notice”) and must specify (w) the amount of such 364-Day Advance, (x) the proposed date of making such 364-Day Advance, (y) whether Borrower requests that the 364-Day Advance will bear interest at (i) the Base Rate (the amount that is to bear interest at the Base Rate must be a minimum of $10,000,000.00 and in incremental multiples of $1,000,000.00) or (ii) the LIBO Rate (the amount that is to bear interest at the LIBO Rate must be a minimum of $10,000,000.00 and in incremental multiples of $1,000,000.00), and (z) in the case of a LIBO Rate Loan, the initial LIBO Rate Period applicable thereto. The Administrative Agent shall, on or before 12:00 noon (Central time) of the same Banking Day, notify each Syndication Party ("364-DAY FUNDING NOTICE"Day Funding Notice”) of its receipt of each such 364-Day Borrowing Notice and the amount of such Syndication Party's ’s Funding Share thereunder. Not later than 2:00 P.M. (Central time) on the date of a 364-Day Advance, each Syndication Party will make available to the Administrative Agent at the Administrative Agent's ’s Office, in immediately available funds, such Syndication Party's ’s Funding Share of such 364-Day Advance. After the Administrative Agent's ’s receipt of such funds, but not later than 3:00 P.M. (Central time), and upon fulfillment of the applicable conditions set forth in Article 11 9 hereof, the Administrative Agent will make such 364-Day Advance available to Borrower, in immediately available funds, and will transmit such funds by wire transfer to Borrower's ’s Account. A 364-Day Advance may be requested by the Overnight Lender as provided in Section 3.9 hereof, by a written notice to the Administrative Agent generally complying with the requirements set forth above for a 364-Day Borrowing Notice, provided that such 364-Day Advance shall bear interest at the Base Rate. Thereafter, the Administrative Agent shall send out a 364-Day Funding Notice, each Syndication Party shall make available to the Administrative Agent such Syndication Party’s Funding Share thereof as provided above, and the Administrative Agent shall transmit such funds by wire transfer to the Overnight Lender.

Appears in 1 contract

Samples: Credit Agreement (CHS Inc)

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364-Day Borrowing Notice; Funding Notice. Borrower shall give the Administrative Agent prior written notice by facsimile (effective upon receipt) of each request for a 364-Day Advance (a) in the case of a Base Rate Loan, on or before 11:00 A.M. (Central time) on the day of making such Base Rate Loan, and (b) in the case of a LIBO Rate Loan, on or before 11:00 A.M. (Central time) at least three (3) Banking Days prior to the date of making such LIBO Rate Loan. Each notice must be in substantially the form of Exhibit 2.3 hereto ("364-DAY BORROWING NOTICE"Day Borrowing Notice”) and must specify (w) the amount of such 364-Day Advance, (x) the proposed date of making such 364-Day Advance, (y) whether Borrower requests that the 364-Day Advance will bear interest at (i) the Base Rate (the amount that is to bear interest at the Base Rate must be a minimum of $10,000,000.00 and in incremental multiples of $1,000,000.00) or (ii) the LIBO Rate (the amount that is to bear interest at the LIBO Rate must be a minimum of $10,000,000.00 and in incremental multiples of $1,000,000.00), and (z) in the case of a LIBO Rate Loan, the initial LIBO Rate Period applicable thereto. The Administrative Agent shall, on or before 12:00 noon (Central time) of the same Banking Day, notify each Syndication Party ("364-DAY FUNDING NOTICE"Day Funding Notice”) of its receipt of each such 364-Day Borrowing Notice and the amount of such Syndication Party's ’s Funding Share thereunder. Not later than 2:00 P.M. (Central time) on the date of a 364-Day Advance, each Syndication Party will make available to the Administrative Agent at the Administrative Agent's ’s Office, in immediately available funds, such Syndication Party's ’s Funding Share of such 364-Day Advance. After the Administrative Agent's ’s receipt of such funds, but not later than 3:00 P.M. (Central time), and upon fulfillment of the applicable conditions set forth in Article 11 hereof, the Administrative Agent will make such 364-Day Advance available to Borrower, in immediately available funds, and will transmit such funds by wire transfer to Borrower's ’s Account. A 364-Day Advance may be requested by the Overnight Lender as provided in Section 4.10 hereof, by a written notice to the Administrative Agent generally complying with the requirements set forth above for a 364-Day Borrowing Notice, provided that such amount shall bear interest at the Base Rate. Thereafter the Administrative Agent shall send out a 364-Day Funding Notice, each Syndication Party shall make available to the Administrative Agent such Syndication Party’s Funding Share thereof as provided above, and the Administrative Agent shall transmit such funds by wire transfer to the Overnight Lender.

Appears in 1 contract

Samples: Credit Agreement (CHS Inc)

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