Common use of Acceptance of Borrowing Request Clause in Contracts

Acceptance of Borrowing Request. Any acceptance of a Borrowing Request shall be evidenced by the Lender’s execution and return to the Borrower of such Borrowing Request, and shall be subject to all terms and conditions of this Agreement and such additional terms and conditions as the Lender may specify, and the Borrower may accept, in such accepted Borrowing Request (each an “Accepted Borrowing Request”). An Accepted Borrowing Request delivered to the Borrower by the Lender shall constitute the Lender’s commitment, subject to satisfaction of all applicable terms and conditions of this Agreement, to make a Loan to the Borrower to fund a specified percentage of the Total Cost of the Asset Pool, as set forth in such Accepted Borrowing Request; provided, however, that the Lender’s commitment to make a Loan to the Borrower to finance the purchase of an Asset Pool shall not constitute a revolving commitment and the Borrower shall have no right to reborrow any amounts repaid to the Lender pursuant to an Accepted Borrowing Request; provided, further, that to the extent an Accepted Borrowing Request relates to a forward flow contract, the Lender shall be required to provide Loans for all future purchases under such forward flow contract up to the total amount of the Loan approved in such Accepted Borrowing Request without requiring any additional Borrowing Requests. An Accepted Borrowing Request shall expire and shall have no further force or effect if (i) the Borrower is not the successful bidder for the specified Asset Pool at a purchase price which is not in excess of the anticipated purchase price described in such Borrowing Request, (ii) the Borrower does not consummate its purchase of such Asset Pool pursuant to the terms and conditions of the related Purchase Agreement and as contemplated in the related Accepted Borrowing Request within thirty (30) calendar days following issuance of the Accepted Borrowing Request by the Lender (unless (A) such period of time is extended in writing by the Lender or (B) the Asset Pool Seller has unilaterally extended the closing date for purchase of an Asset Pool and the Borrower is unable to contest any such extension) or (iii) a Facility Default or Facility Event of Default shall occur and shall be continuing under this Agreement.

Appears in 2 contracts

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

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Acceptance of Borrowing Request. Any acceptance of a Borrowing Request shall be evidenced by the Lender’s 's execution and return to the Borrower of such Borrowing Request, and shall be subject to all terms and conditions of this Agreement and such additional terms and conditions as in the Lender may specify, and the Borrower may accept, in such accepted Borrowing Request so accepted (each an "Accepted Borrowing Request"). An Accepted Borrowing Request delivered to the Borrower by the Lender shall constitute the Lender’s 's commitment, subject to satisfaction of all applicable terms and conditions of this Agreement, to make a Loan to the Borrower to fund a specified percentage ninety percent (90%) of the Total Cost of the Asset Pool, as set forth in such Accepted Borrowing Request; provided, however, that the Lender’s 's commitment to make a Loan to the Borrower to finance the purchase of an Asset Pool shall not constitute a revolving commitment and the Borrower shall have no right to reborrow any amounts repaid to the Lender pursuant to an Accepted Borrowing Request; provided, further, that to the extent an Accepted Borrowing Request relates to a forward flow contract, the Lender shall be required to provide Loans for all future purchases under such forward flow contract up to the total amount of the Loan approved in such Accepted Borrowing Request without requiring any additional Borrowing Requests. An Accepted Borrowing Request shall expire and shall have no further force or effect if (i) the Borrower is not the successful bidder for the specified Asset Pool at a purchase price which is not in excess of the anticipated purchase price described in such Borrowing Request, (ii) the Borrower does not consummate its purchase of such Asset Pool pursuant to the terms and conditions of the related Purchase Agreement and as contemplated in the related Accepted Borrowing Request within thirty (30) calendar days following issuance of the Accepted Borrowing Request by the Lender (unless (A) such period of time is extended in writing by the Lender or (B) the Asset Pool Seller has unilaterally extended the closing date for purchase of an Asset Pool and the Borrower is unable to contest any such extension) or (iii) a Facility Default or Facility Event of Default shall occur and shall be continuing under this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Nco Portfolio Management Inc), Credit Agreement (Nco Portfolio Management Inc)

Acceptance of Borrowing Request. Any acceptance of a Borrowing Request shall be evidenced by the Lender’s 's execution and return to the Borrower of such Borrowing Request, and shall be subject to all terms and conditions of this Agreement and such additional terms and conditions as in the Lender may specify, and the Borrower may accept, in such accepted Borrowing Request so accepted (each an "Accepted Borrowing Request"). An Accepted Borrowing Request delivered to the Borrower by the Lender shall constitute the Lender’s 's commitment, subject to satisfaction of all applicable terms and conditions of this Agreement, to make a Loan to the Borrower to fund a specified percentage up to ninety percent (90%) of the Total Cost of the Asset Pool, as set forth in such Accepted Borrowing Request; provided, however, that the Lender’s 's commitment to make a Loan to the Borrower to finance the purchase of an Asset Pool shall not constitute a revolving commitment and the Borrower shall have no right to reborrow any amounts repaid to the Lender pursuant to an Accepted Borrowing Request; provided, further, that to the extent an Accepted Borrowing Request relates to a forward flow contract, the Lender shall be required to provide Loans for all future purchases under such forward flow contract up to the total amount of the Loan approved in such Accepted Borrowing Request without requiring any additional Borrowing Requests. An Accepted Borrowing Request shall expire and shall have no further force or effect if (i) the Borrower is not the successful bidder for the specified Asset Pool at a purchase price which is not in excess of the anticipated purchase price described in such Borrowing Request, (ii) the Borrower does not consummate its purchase of such Asset Pool pursuant to the terms and conditions of the related Purchase Agreement and as contemplated in the related Accepted Borrowing Request within thirty (30) calendar days following issuance of the Accepted Borrowing Request by the Lender (unless (A) such period of time is extended in writing by the Lender or (B) the Asset Pool Seller has unilaterally extended the closing date for purchase of an Asset Pool and the Borrower is unable to contest any such extension) or (iii) a Facility Default or Facility Event of Default shall occur and shall be continuing under this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Nco Portfolio Management Inc)

Acceptance of Borrowing Request. Any acceptance of a Borrowing Request shall be evidenced by the Lender’s 's execution and return to the Borrower of such Borrowing Request, and shall be subject to all terms and conditions of this Agreement and such additional terms and conditions as the Lender may specify, and the Borrower may accept, in such accepted Borrowing Request (each an "Accepted Borrowing Request"). An Accepted Borrowing Request delivered to the Borrower by the Lender shall constitute the Lender’s 's commitment, subject to satisfaction of all applicable terms and conditions of this Agreement, to make a Loan to the Borrower to fund a specified percentage of the Total Cost of the Asset Pool, as set forth in such Accepted Borrowing Request; provided, however, that the Lender’s commitment to make a Loan to the Borrower to finance the purchase of an Asset Pool shall not constitute a revolving commitment and the Borrower shall have no right to reborrow any amounts repaid to the Lender pursuant to an Accepted Borrowing Request; provided, further, that to the extent an Accepted Borrowing Request relates to a forward flow contract, the Lender shall be required to provide Loans for all future purchases under such forward flow contract up to the total amount of the Loan approved in such Accepted Borrowing Request without requiring any additional Borrowing Requests. An Accepted Borrowing Request shall expire and shall have no further force or effect if (i) the Borrower is not the successful bidder for the specified Asset Pool at a purchase price which is not in excess of the anticipated purchase price described in such Borrowing Request, (ii) the Borrower does not consummate its purchase of such Asset Pool pursuant to the terms and conditions of the related Purchase Agreement and as contemplated in the related Accepted Borrowing Request within thirty (30) calendar days following issuance of the Accepted Borrowing Request by the Lender (unless (A) such period of time is extended in writing by the Lender or (B) the Asset Pool Seller has unilaterally extended the closing date for purchase of an Asset Pool and the Borrower is unable to contest any such extension) or ), (iii) the Borrowing Date does not occur within forty-five (45) days of the purchase of such Asset Pool or (iv) a Facility Default or Facility Event of Default shall occur and shall be continuing under this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Portfolio Recovery Associates Inc)

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Acceptance of Borrowing Request. Any acceptance of a Borrowing Request shall be evidenced by the Lender’s execution and return to the Borrower of such Borrowing Request, and shall be subject to all terms and conditions of this Agreement and such additional terms and conditions as in the Lender may specify, and the Borrower may accept, in such accepted Borrowing Request so accepted (each an “Accepted Borrowing Request”). An Accepted Borrowing Request delivered to the Borrower by the Lender shall constitute the Lender’s commitment, subject to satisfaction of all applicable terms and conditions of this Agreement, to make a Loan to the Borrower to fund a specified percentage up to seventy percent (70%) of the Total Cost of the Asset Pool, as set forth in such Accepted Borrowing Request; provided, however, that the Lender may, in its sole and absolute discretion, agree to increase such percentage on a transaction-by-transaction basis and, provided further, that the Lender’s commitment to make a Loan to the Borrower to finance the purchase of an Asset Pool shall not constitute a revolving commitment and the Borrower shall have no right to reborrow any amounts repaid to the Lender pursuant to an Accepted Borrowing Request; provided, further, that to the extent an Accepted Borrowing Request relates to a forward flow contract, the Lender shall be required to provide Loans for all future purchases under such forward flow contract up to the total amount of the Loan approved in such Accepted Borrowing Request without requiring any additional Borrowing Requests. An Accepted Borrowing Request shall expire and shall have no further force or effect if (i) the Borrower is not the successful bidder for the specified Asset Pool at a purchase price which is not in excess of the anticipated purchase price described in such Borrowing Request, (ii) the Borrower does not consummate its purchase of such Asset Pool pursuant to the terms and conditions of the related Purchase Agreement and as contemplated in the related Accepted Borrowing Request within thirty (30) calendar days following issuance of the Accepted Borrowing Request by the Lender (unless (A) such period of time is extended in writing by the Lender or (B) the Asset Pool Seller has unilaterally extended the closing date for purchase of an Asset Pool and the Borrower is unable to contest any such extension) or (iii) a Facility Default or Facility Event of Default shall occur and shall be continuing under this Agreement.

Appears in 1 contract

Samples: Credit Agreement (NCO Group, Inc.)

Acceptance of Borrowing Request. Any acceptance of a Borrowing Request shall be evidenced by the Lender’s execution and return to the Borrower of such Borrowing Request, and shall be subject to all terms and conditions of this Agreement and such additional terms and conditions as in the Lender may specify, and the Borrower may accept, in such accepted Borrowing Request so accepted (each an “Accepted Borrowing Request”). An Accepted Borrowing Request delivered to the Borrower by the Lender shall constitute the Lender’s commitment, subject to satisfaction of all applicable terms and conditions of this Agreement, to make a Loan to the Borrower to fund a specified percentage up to forty percent (40%) of the Total Cost of the Asset Pool, Pool as set forth in such Accepted Borrowing Request; provided, however, that the Lender may, in its sole and absolute discretion, agree to increase such percentage on a transaction-by-transaction basis and, provided further, that the Lender’s commitment to make a Loan to the Borrower to finance the purchase of an Asset Pool shall not constitute a revolving commitment and the Borrower shall have no right to reborrow any amounts repaid to the Lender pursuant to an Accepted Borrowing Request; provided, further, that to the extent an Accepted Borrowing Request relates to a forward flow contract, the Lender shall be required to provide Loans for all future purchases under such forward flow contract up to the total amount of the Loan approved in such Accepted Borrowing Request without requiring any additional Borrowing Requests. An Accepted Borrowing Request shall expire and shall have no further force or effect if (i) the Borrower is not the successful bidder for the specified Asset Pool at a purchase price which is not in excess of the anticipated purchase price described in such Borrowing Request, (ii) the Borrower does not consummate its purchase of such Asset Pool pursuant to the terms and conditions of the related Purchase Agreement and as contemplated in the related Accepted Borrowing Request within thirty (30) calendar days following issuance of the Accepted Borrowing Request by the Lender (unless (A) such period of time is extended in writing by the Lender or (B) the Asset Pool Seller has unilaterally extended the closing date for purchase of an Asset Pool and the Borrower is unable to contest any such extension) or (iii) a Facility Default or Facility Event of Default shall occur and shall be continuing under this Agreement.

Appears in 1 contract

Samples: Credit Agreement (NCO Group, Inc.)

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