Agent's Election. Promptly after receipt of a request for a Borrowing pursuant to Section 2.3(a), Agent shall elect, in its discretion, (i) to have the terms of Section 2.3(c) apply to such requested Borrowing, or (ii) if the Borrowing is for an Advance, to request Swing Lender to make a Swing Loan pursuant to the terms of Section 2.3(d) in the amount of the requested Borrowing; provided, however, that if Swing Lender declines in its sole discretion to make a Swing Loan pursuant to Section 2.3(d), Agent shall elect to have the terms of Section 2.3(c) apply to such requested Borrowing.
Appears in 66 contracts
Samples: Loan and Security Agreement (LSB Industries, Inc.), Loan and Security Agreement (LSB Industries Inc), Loan and Security Agreement (LSB Industries Inc)
Agent's Election. Promptly after receipt of a request for a Borrowing pursuant to Section SECTION 2.3(a), Agent shall elect, in its discretion, (i) to have the terms of Section SECTION 2.3(c) apply to such requested Borrowing, or (ii) if the Borrowing is for an Advance, to request Swing Lender to make a Swing Loan pursuant to the terms of Section SECTION 2.3(d) in the amount of the requested Borrowing; provided, however, that if Swing Lender declines in its sole discretion to make a Swing Loan pursuant to Section SECTION 2.3(d), Agent shall elect to have the terms of Section SECTION 2.3(c) apply to such requested Borrowing.
Appears in 3 contracts
Samples: Loan and Security Agreement (Guitar Center Inc), Loan and Security Agreement (Phonetel Technologies Inc), Loan and Security Agreement (Phonetel Technologies Inc)
Agent's Election. Promptly after receipt of a request for a Borrowing pursuant to Section SECTION 2.3(a), Agent shall elect, in its discretion, (i) to have the terms of Section SECTION 2.3(c) apply to such requested Borrowing, or (ii) if the Borrowing is for an Advance, to request Swing Lender to make a Swing Loan pursuant to the terms of Section SECTION 2.3(d) in the amount of the requested Borrowing; providedPROVIDED, howeverHOWEVER, that if Swing Lender declines in its sole discretion to make a Swing Loan pursuant to Section SECTION 2.3(d), Agent shall elect to have the terms of Section SECTION 2.3(c) apply to such requested Borrowing.
Appears in 3 contracts
Samples: Loan and Security Agreement (Star Telecommunications Inc), Loan and Security Agreement (HPSC Inc), Loan and Security Agreement (HPSC Inc)
Agent's Election. Promptly after receipt of a request for a Borrowing pursuant to Section 2.3(a), Agent shall elect, in its discretion, (i) to have the terms of Section 2.3(c) apply to such requested Borrowing, or (ii) if the Borrowing is for an Advance, to request Swing Lender to make a Swing Loan pursuant to the terms of Section 2.3(d) in the amount of the requested Borrowing; provided, however, that if Swing Lender declines in its sole discretion to make a Swing Loan pursuant to Section 2.3(d), Agent shall elect to have the terms of Section 2.3(c) apply to such requested Borrowing.
Appears in 2 contracts
Samples: Loan and Security Agreement (Hudson Highland Group Inc), Loan and Security Agreement (Hudson Highland Group Inc)
Agent's Election. Promptly after receipt of a request for a Borrowing pursuant to Section 2.3(a), Agent shall elect, in its discretion, (i) to have the terms of Section 2.3(c) apply to such requested Borrowing, or (ii) if the Borrowing is for an a Base Rate Advance, to request Swing Lender to make a Swing Loan pursuant to the terms of Section 2.3(d) in the amount of the requested Borrowing; provided, however, that if Swing Lender declines in its sole discretion to make a Swing Loan pursuant to Section 2.3(d), Agent shall elect to have the terms of Section 2.3(c) apply to such requested Borrowing.
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Agent's Election. Promptly after receipt of a request for a Borrowing pursuant to Section 2.3(a2.4(a), Agent shall elect, in its discretion, (i) to have the terms of Section 2.3(c2.4(c) apply to such requested Borrowing, or (ii) if in the Borrowing is case of a request for an a Tranche A Advance, to request Swing Lender to make a Swing Loan pursuant to the terms of Section 2.3(d2.4(d) in the amount of the requested Borrowing; provided, however, that if Swing Lender declines in its sole discretion to make a Swing Loan pursuant to Section 2.3(d2.4(d), Agent shall elect to have the terms of Section 2.3(c2.4(c) apply to such requested Borrowing.
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Agent's Election. Promptly after receipt of a request for a Borrowing pursuant to Section 2.3(aSECTION 2.3(A), Agent shall elect, in its discretion, (i) to have the terms of Section 2.3(cSECTION 2.3(C) apply to such requested Borrowing, or (ii) if the Borrowing is for an Advance, to request Swing Lender to make a Swing Loan pursuant to the terms of Section 2.3(dSECTION 2.3(D) in the amount of the requested Borrowing; providedPROVIDED, howeverHOWEVER, that if Swing Lender declines in its sole discretion to make a Swing Loan pursuant to Section 2.3(dSECTION 2.3(D), Agent shall elect to have the terms of Section 2.3(cSECTION 2.3(C) apply to such requested Borrowing.
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Agent's Election. Promptly after receipt of a request for a Borrowing pursuant to Section 2.3(a2.2(a), Agent shall elect, in its discretion, (i) to have the terms of Section 2.3(c2.2(c) apply to such requested Borrowing, or (ii) if the Borrowing is for an Advance, to request Swing Lender to make a Swing Loan pursuant to the terms of Section 2.3(d2.2(d) in the amount of the requested Borrowing; provided, however, that if Swing Lender declines in its sole discretion to make a Swing Loan pursuant to Section 2.3(d2.2(d), Agent shall elect to have the terms of Section 2.3(c2.2(c) apply to such requested Borrowing.
Appears in 1 contract
Samples: Loan and Security Agreement (Ultimate Electronics Inc)
Agent's Election. Promptly after receipt of a request for a Borrowing pursuant to Section 2.3(a), Agent shall elect, in its reasonable discretion, (i) to have the terms of Section 2.3(c) apply to such requested Borrowing, or (ii) if the Borrowing is for an Advance, to request Swing Lender to make a Swing Loan pursuant to the terms of Section 2.3(d) in the amount of the requested Borrowing; provided, however, that if Swing Lender declines in its sole discretion to make a Swing Loan pursuant to Section 2.3(d), Agent shall elect to have the terms of Section 2.3(c) apply to such requested Borrowing.
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Agent's Election. Promptly after receipt of a request for a Borrowing pursuant to Section 2.3(a), Agent shall elect, in its discretion, (i) to have the terms of Section 2.3(c) apply to such requested Borrowing, or (ii) if the Borrowing is for an a Base Rate Standard Advance, to request Swing Lender to make a Swing Loan pursuant to the terms of Section 2.3(d) in the amount of the requested Borrowing; provided, however, that if Swing Lender declines in its sole discretion to make a Swing Loan pursuant to Section 2.3(d), Agent shall elect to have the terms of Section 2.3(c) apply to such requested Borrowing.
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Agent's Election. Promptly after receipt of a request for a Borrowing pursuant to Section 2.3(a), Agent shall elect, in its discretion, (i) to have the terms of Section 2.3(c) apply to such requested Borrowing, or (ii) if the Borrowing is for an Advance, a Revolving Advance to request Swing Lender to make a Swing Loan pursuant to the terms of Section 2.3(d) in the amount of the requested Borrowing; provided, however, that if Swing Lender declines in its sole discretion to make a Swing Loan pursuant to Section 2.3(d), Agent shall elect to have the terms of Section 2.3(c) apply to such requested Borrowing.
Appears in 1 contract
Samples: Debt and Security Agreement
Agent's Election. Promptly after receipt of a request for a Borrowing pursuant to Section 2.3(a), Agent shall elect, in its discretion, (i) to have the terms of Section 2.3(c) apply to such requested Borrowing, or (ii) if the Borrowing is for an a Revolver A Advance, to request Swing Lender to make a Swing Loan pursuant to the terms of Section 2.3(d) in the amount of the requested Borrowing; provided, however, that if Swing Lender declines in its sole discretion to make a Swing Loan pursuant to Section 2.3(d), Agent shall elect to have the terms of Section 2.3(c) apply to such requested Borrowing.
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Agent's Election. Promptly after receipt of a request for a Borrowing pursuant to Section 2.3(a), Agent shall elect, in its discretion, (i) to have the terms of Section 2.3(c) apply to such requested Borrowing, or (ii) if the Borrowing is for an a Revolver A Advance, to request Swing Lender to make a Swing Loan pursuant to the terms of Section 2.3(d) in the amount of the requested Borrowing; provided, however, that that, if Swing Lender declines in its sole discretion to make a Swing Loan pursuant to Section 2.3(d), Agent shall elect to have the terms of Section 2.3(c) apply to such requested Borrowing.
Appears in 1 contract
Samples: Loan and Security Agreement (Abraxas Petroleum Corp)
Agent's Election. Promptly after receipt of a request for a Borrowing pursuant to Section 2.3(a), Agent shall elect, in its discretion, (i) to have the terms of Section 2.3(c) apply to such requested Borrowing, or (ii) if the Borrowing is for an a Base Rate Seasonal Advance or a Base Rate Standard Advance, to request Swing Lender to make a Swing Loan pursuant to the terms of Section 2.3(d) in the amount of the requested Borrowing; provided, however, that if Swing Lender declines in its sole discretion to make a Swing Loan pursuant to Section 2.3(d), Agent shall elect to have the terms of Section 2.3(c) apply to such requested Borrowing.
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