Common use of Advances by Lenders Clause in Contracts

Advances by Lenders. If the Agent receives a Notice of Borrowing, or a Notice of Swing Line Borrowing (or if the Agent gives a Notice of Borrowing pursuant to Section 2.02(f)) the Agent shall promptly on the Business Day prior to the date of such Borrowing or, if such Borrowing consists of Eurodollar Rate Advances, the third Business Day prior to the date of such Borrowing) give each Lender notice of such Notice of Borrowing or Notice of Swing Line Borrowing. Each Lender shall (i) before 12:00 noon (Dallas, Texas time) on the date of such Borrowing in the case of any Revolving Borrowing to be made on such date, or (ii) before 4:00 p.m. (Dallas, Texas time) on the date of such Borrowing in the case of a Swing Line Borrowing, make available for the account of its Applicable Lending Office to the Agent such Lender's ratable portion of such Borrowing by depositing same day funds in the Agent's Account. Unless the Agent shall have received written notice from a Revolving Lender prior to the date of any Revolving Borrowing hereunder that such Lender will not make available to the Agent such Lender's ratable portion of such Borrowing, the Agent may assume that such Lender has made such ratable portion available to the Agent on the date of such Borrowing in accordance with the terms hereof and the Agent may, in reliance upon such assumption, but shall not be required to, make available to or for the account of the Borrower on such date a corresponding amount. If and to the extent that such Lender shall not have so made such ratable portion available to the Agent and the Agent makes such ratable portion available to the Borrower, such Lender and the Borrower, without prejudice to any rights or remedies that the Borrower may have against such Lender, severally agree to repay to the Agent forthwith on demand such corresponding amount together with interest thereon, for each day from the date such amount is made available to or for the account of the Borrower until the date such amount is repaid to the Agent, at (A) in the case of the Borrower, the interest rate applicable at the time to the Advances comprising such Borrowing, and (B) in the case of such Lender, the Federal Funds Rate. If such Lender shall pay to the Agent such amount, such amount so paid shall constitute such Lender's Advance as part of the relevant Borrowing for purposes of this Agreement and, to the extent that the Borrower previously paid such amount to the Agent, the Agent will refund to the Borrower such amount so paid, but without interest.

Advances by Lenders. If the Agent receives a Notice of Borrowing, or a Notice of Swing Line Borrowing (or if the Agent gives a Notice of Borrowing pursuant to Section 2.02(f)) the The Agent shall promptly on the (and in any event ------------------- within one Business Day prior to the date of such Borrowing or, if such Borrowing consists of Eurodollar Rate Advances, the third Business Day prior to the date of such BorrowingDay) give each Lender notice of such each Notice of Borrowing or Notice of Swing Line Borrowingreceived by it. Each Lender shall shall, before (i) before 12:00 noon Noon (Dallas, Texas San Francisco time) with respect to Borrowings in U.S. Dollars, and (ii) 9:00 a.m. (local time at the Agent's Applicable Lending Office) with respect to Borrowings in Alternative Currencies, on the date of the Committed Borrowing covered by each such Borrowing in the case Notice of any Revolving Borrowing to be made on such date, or (ii) before 4:00 p.m. (Dallas, Texas time) on the date of such Borrowing in the case of a Swing Line Borrowing, make available for the account of its Applicable Lending Office to the Agent such Lender's ratable portion of such Committed Borrowing by depositing deposit ing the amount of such portion in the applicable currency and in same day funds in the Agent's Account. Unless the Agent shall have received written notice from a Revolving Lender prior to the date of any Revolving such Committed Borrowing hereunder that such Lender will not make available to the Agent such Lender's ratable portion of such Committed Borrowing, the Agent may assume that such Lender has made such ratable portion available to the Agent on the date of such Committed Borrowing in accordance with the terms hereof this Section 2.02(c) and the Agent may, in reliance upon such assumption, but shall not be required to, make available to or for the account of the Borrower on such date a corresponding amountamount pursuant to Section 2.02(d). If and to the extent that such any Lender shall not have so made such ratable portion available to the Agent and on the Agent makes date of the Committed Borrowing such Lender's ratable portion available to the Borrowerof such Committed Borrowing, such Lender and the Borrower, without prejudice applicable Borrower agrees to any rights or remedies that the Borrower may have against such Lender, severally agree to repay pay to the Agent forthwith on demand such corresponding amount together with interest thereon, for each day from the date such amount is made available to or for the account of the applicable Borrower until the date such amount is repaid to the Agent, at (A) an interest rate equal to, in the case of the a Borrower, the interest rate (plus the Applicable Margin) stated in the Notice of Borrowing applicable at the time to the Advances comprising such Borrowingthereto, and (B) or, in the case of such a Lender, the Federal Funds Rate or, in the case of a payment in an Alternative Currency, the Overnight Rate. If such Lender shall pay to the Agent such amount, such amount so paid shall constitute such Lender's Advance as part of the relevant such Committed Borrowing for purposes of this Agreement and, and to the such extent that the Borrower previously paid shall have no further obligation under this Section 2.02(c) to repay such amount to the Agent, the Agent will refund to the Borrower such amount so paid, but without interestamount.

Advances by Lenders. If the Agent receives a Notice of Borrowing, or a Notice of Swing Line Borrowing (or if the Agent gives a Notice of Borrowing pursuant to Section 2.02(f)) ------------------- the Agent shall promptly (and, in any event not later than 4:00 p.m. (Dallas, Texas time) on the Business Day prior to the date of such Revolving Borrowing or, if such Revolving Borrowing consists of Eurodollar Rate Advances, the third Business Day prior to the date of such Revolving Borrowing) give each Lender notice of such Notice of Borrowing or Notice of Swing Line Borrowing. Each Lender shall (i) before 12:00 noon (Dallas, Texas time) on the date of such Borrowing in the case of any Revolving Borrowing to be made on such date, or (ii) before 4:00 p.m. (Dallas, Texas time) on the date of such Borrowing in the case of a Swing Line Borrowing, make available for the account of its Applicable Lending Office to the Agent such Lender's ratable portion of such Revolving Borrowing by depositing same day funds in the Agent's Account. Unless the Agent shall have received written notice from a Revolving Lender prior to the date of any Revolving Borrowing hereunder that such Lender will not make available to the Agent such Lender's ratable portion of such Revolving Borrowing, the Agent may assume that such Lender has made such ratable portion available to the Agent on the date of such Revolving Borrowing in accordance with the terms hereof and the Agent may, in reliance upon such assumption, but shall not be required to, make available to or for the account of the Borrower on such date a corresponding amount. If and to the extent that such Lender shall not have so made such ratable portion available to the Agent and the Agent makes such ratable portion available to the Borrower, such Lender and the Borrower, without prejudice to any rights or remedies that the Borrower may have against such Lender, severally agree to repay to the Agent forthwith on demand such corresponding amount together with interest thereon, for each day from the date such amount is made available to or for the account of the Borrower until the date such amount is repaid to the Agent, at (Aa) in the case of the Borrower, the interest rate applicable at the time to the Advances comprising such Revolving Borrowing, and (Bb) in the case of such Lender, the Federal Funds Rate. If such Lender shall pay to the Agent such amount, such amount so paid shall constitute such Lender's Advance as part of the relevant Revolving Borrowing for purposes of this Agreement and, to the extent that the Borrower previously paid such amount to the Agent, the Agent will refund to the Borrower such amount so paid, but without interest.

Advances by Lenders. If the Agent receives a Notice of Borrowing, or a Notice of Swing Line Borrowing (or if the Agent gives a Notice of Borrowing pursuant to Section 2.02(f)) the The Agent shall promptly on the (and in any event within one Business Day prior to the date of such Borrowing or, if such Borrowing consists of Eurodollar Rate Advances, the third Business Day prior to the date of such BorrowingDay) give each Lender notice of such each Notice of Borrowing or Notice of Swing Line Borrowingreceived by it. Each Lender shall shall, before (i) before 12:00 noon Noon (Dallas, Texas San Francisco time) with respect to Borrowings in U.S. Dollars, and (ii) 9:00 a.m. (local time at the Agent's Applicable Lending Office) with respect to Borrowings in Alternative Currencies, on the date of the Committed Borrowing covered by each such Borrowing in the case Notice of any Revolving Borrowing to be made on such date, or (ii) before 4:00 p.m. (Dallas, Texas time) on the date of such Borrowing in the case of a Swing Line Borrowing, make available for the account of its Applicable Lending Office to the Agent such Lender's ratable portion of such Committed Borrowing by depositing the amount of such portion in the applicable currency and in same day funds in the Agent's Account. Unless the Agent shall have received written notice from a Revolving Lender prior to the date of any Revolving such Committed Borrowing hereunder that such Lender will not make available to the Agent such Lender's ratable portion of such Committed Borrowing, the Agent may assume that such Lender has made such ratable portion available to the Agent on the date of such Committed Borrowing in accordance with the terms hereof this Section 2.02(c) and the Agent may, in reliance upon such assumption, but shall not be required to, make available to or for the account of the Borrower on such date a corresponding amountamount pursuant to Section 2.02(d). If and to the extent that such any Lender shall not have so made such ratable portion available to the Agent and on the Agent makes date of the Committed Borrowing such Lender's ratable portion available to the Borrowerof such Committed Borrowing, such Lender and the Borrower, without prejudice applicable Borrower agrees to any rights or remedies that the Borrower may have against such Lender, severally agree to repay pay to the Agent forthwith on demand such corresponding amount together with interest thereon, for each day from the date such amount is made available to or for the account of the applicable Borrower until the date such amount is repaid to the Agent, at (A) an interest rate equal to, in the case of the a Borrower, the interest rate (plus the Applicable Margin, if any) stated in the Notice of Borrowing applicable at the time to the Advances comprising such Borrowingthereto, and (B) or, in the case of such a Lender, the Federal Funds Rate or, in the case of a payment in an Alternative Currency, the Overnight Rate. If such Lender shall pay to the Agent such amount, such amount so paid shall constitute such Lender's Advance as part of the relevant such Committed Borrowing for purposes of this Agreement and, and to the such extent that the Borrower previously paid shall have no further obligation under this Section 2.02(c) to repay such amount to the Agent, the Agent will refund to the Borrower such amount so paid, but without interestamount.

Advances by Lenders. (A) From time to time, but not more frequently than three times in any calendar week, on the Funding Date requested by Borrower in a Borrowing Notice delivered to Agent in accordance with SECTION 2.1(f), after Borrower shall have satisfied all applicable conditions precedent set forth in SECTION 2.11, each Lender severally shall make immediately available funds available to Agent (each such advance being an "Advance") at the account designated by Agent in writing in the amount of such Lender's Commitment Percentage of one or more Base Rate Loans or LIBOR Loans specified in such Borrowing Notice, each of which shall constitute a Revolving Credit Loan hereunder and shall be in an amount equal to or greater than the Minimum Borrowing Amount. Agent shall immediately advance such funds to Borrower at the Designated Deposit Account on the Funding Date with respect to such Revolving Credit Loan. The Revolving Credit Loans shall be evidenced by a promissory note of Borrower in substantially the form of Exhibit A-1 (the "Note"), dated as of the Closing Date and completed with appropriate insertions. (B) The obligation of Lenders to make the Revolving Credit Loans hereunder shall be limited at any time to the Maximum Availability. For the purpose of determining the amount of the Borrowing Base available at any one time, the amount available shall be the total amount of the Borrowing Base as of the date set forth in the most recent Borrowing Base Certificate required to have been delivered pursuant to SECTION 5.1(d). Nothing contained in this Agreement shall under any circumstance be deemed to require any Lender to make any Advance in the aggregate principal amount, taking into account the making of such Advance, which when added to such Lender's Commitment Percentage of the outstanding principal amount of Revolving Credit Loans and Swingline Loans, exceeds the lesser of (A) such Lender's Commitment and (B) such Lender's Commitment Percentage of the Borrowing Base. (C) If at any time and for any reason the Agent receives a Notice sum of Borrowing(x) the aggregate principal outstanding under Revolving Credit Loans and (y) the aggregate principal outstanding under Swingline Loans, or a Notice shall exceed the Maximum Availability (the amount of Swing Line Borrowing such excess, if any, being an "Overadvance"), Borrower shall within two (2) Business Days (or if the Agent gives a Notice of Borrowing pursuant to Section 2.02(f)five (5) the Agent shall promptly on the Business Day prior to the date of such Borrowing or, if such Borrowing consists of Eurodollar Rate Advances, the third Business Day prior to the date of such Borrowing) give each Lender notice of such Notice of Borrowing or Notice of Swing Line Borrowing. Each Lender shall (i) before 12:00 noon (Dallas, Texas time) on the date of such Borrowing Days in the case of any an Overadvance resulting from the removal of a Lease from the Borrowing Base calculation upon the exercise by Requisite Lenders of their rights under paragraph (e) of the definition of Eligible Lease) (i) repay the full amount of such Overadvance, together with all interest accrued thereon (with the amount of such repayment being applied first to Swingline Loans and then to Revolving Borrowing to be made on such date, Credit Loans) or (ii) before 4:00 p.m. pledge additional Eligible Leases to Agent, Swingline Lender and Lenders as Collateral for the Loans so as to increase the Borrowing Base and eliminate the Overadvance, provided, that in no event shall the sum of (Dallasx) the aggregate principal outstanding under Revolving Credit Loans and (y) the aggregate principal outstanding under Swingline Loans, Texas timeexceed the aggregate Commitments and any remaining Overadvance shall be immediately due and payable under clause (i) above. All Overadvances shall be deemed to constitute Base Rate Loans. (D) Amounts borrowed by Borrower hereunder may be repaid and, prior to the Commitment Termination Date and subject to the applicable terms and conditions precedent to borrowings set forth in SECTION 2.11, reborrowed; provided, however, that Borrower may not repay or reborrow more than three times in any calendar week. (E) Each request for a Revolving Credit Loan hereunder shall constitute a reaffirmation by Borrower and the Responsible Officer requesting the same in his or her capacity as such Responsible Officer that the representations and warranties contained in this Agreement are true and correct in all material respects to the same extent as though made on and as of the date of such Borrowing in the case of a Swing Line Borrowingrequest, make available for the account of its Applicable Lending Office except to the Agent extent such representations and warranties specifically relate to an earlier date, in which event they shall be true and correct in all material respects as of such earlier date. (F) The obligation of each Lender to make Advances hereunder shall be several in proportion to such Lender's ratable portion of such Borrowing respective Commitment Percentage, it being understood that no Lender shall be responsible for any default by depositing same day any other Lender in failing to advance funds in the Agent's Account. Unless the Agent shall have received written notice from a Revolving Lender prior to the date of any Revolving Borrowing hereunder hereunder, and that such Lender will not make available to the Agent such no Lender's ratable portion of Commitment shall be affected by any such Borrowing, the Agent may assume that such Lender has made such ratable portion available to the Agent on the date of such Borrowing in accordance with the terms hereof and the Agent may, in reliance upon such assumption, but shall not be required to, make available to or for the account of the Borrower on such date a corresponding amount. If and to the extent that such Lender shall not have so made such ratable portion available to the Agent and the Agent makes such ratable portion available to the Borrower, such Lender and the Borrower, without prejudice to default by any rights or remedies that the Borrower may have against such other Lender, severally agree to repay to the Agent forthwith on demand such corresponding amount together with interest thereon, for each day from the date such amount is made available to or for the account of the Borrower until the date such amount is repaid to the Agent, at (A) in the case of the Borrower, the interest rate applicable at the time to the Advances comprising such Borrowing, and (B) in the case of such Lender, the Federal Funds Rate. If such Lender shall pay to the Agent such amount, such amount so paid shall constitute such Lender's Advance as part of the relevant Borrowing for purposes of this Agreement and, to the extent that the Borrower previously paid such amount to the Agent, the Agent will refund to the Borrower such amount so paid, but without interest.