Availability of Advances. (a) The Facility shall be available for Drawdowns by the Borrowers, at the option of the Borrowers, as follows:
(i) to Celestica or any Designated Subsidiary, Drawdowns from Lenders, each in a minimum amount of Cdn.$ 5,000,000 and integral multiples of Cdn.$ 100,000 in excess thereof, in Canadian Dollars by way of Prime Rate Advances;
(ii) to Celestica or any Designated Subsidiary, Drawdowns from Lenders, each in a minimum amount of Cdn.$ 5,000,000 and integral multiples of Cdn.$ 100,000 in excess thereof, in Canadian Dollars by way of Bankers' Acceptance Advances;
(iii) to Celestica or any Designated Subsidiary, Drawdowns from Lenders, each in a minimum amount of U.S.$ 5,000,000 and integral multiples of U.S.$ 100,000 in excess thereof, in United States Dollars by way of Base Rate Canada Advances;
(iv) to Celestica or any Designated Subsidiary, Drawdowns from Lenders, each in a minimum amount of U.S.$ 5,000,000 and integral multiples of U.S.$ 100,000 in excess thereof, in United States Dollars by way of LIBOR Advances; and
(v) to Celestica, Letters of Credit from the Issuing Bank on behalf of the Lenders in, at the option of Celestica, Canadian Dollars, United States Dollars or any Freely Tradeable European Currency, in accordance with Article 3.
(b) Each Drawdown of an Advance pursuant to Section 2.3(a)(i) to (iv) shall be made by irrevocable Drawdown Notice, which Drawdown Notice shall be given by each Borrower to the Administrative Agent, not later than (x) 10:00 a.m. Toronto, Canada time on the Banking Day prior to the relevant Drawdown Date in the case of Prime Rate Advances, Bankers' Acceptance Advances, and Base Rate Canada Advances, and (y) 10:00 a.m. London, England time and 10:00 a.m. New York, New York time on the third Banking Day prior to the relevant Drawdown Date in the case of a LIBOR Advance in United States Dollars.
(c) The Borrowers shall have the right to convert one currency into another as they see fit, but subject to the terms of this Agreement, including, without limitation, those provisions set out in items (i) to (iv) of subsection (a) above if the Conversion relates to an Advance other than a Swing Line Advance, providing for the manner in which the Facility is available to each Borrower. A Borrower may not make a Drawdown under the Facility if, as a result of such Drawdown, the sum of (i) the Equivalent Amount, expressed in United States Dollars, of the aggregate principal amount of all Prime Rate Advances and Acceptance Notes ...
Availability of Advances. Each Lender will make its Applicable Percentage of each Line Advance Borrowing available to the Administrative Agent for the account of the Borrowers at the office of the Administrative Agent specified in Section 19.13, or at such other office as the Administrative Agent may designate in writing, by 1:00 P.M. on the date specified in the applicable Notice of Borrowing, in Dollars and in funds immediately available to the Administrative Agent. The Administrative Agent will, upon receipt by the Administrative Agent of each Lender’s Applicable Percentage of the proceeds of the requested Line Advance, make a Line Advance as a LIBOR Rate Loan or an Alternate Base Rate Loan (as the case may be) which will be made in a minimum amount of $75,000.00 and in integral multiples of $10,000.00, provided that after giving effect to such Line Advance, the aggregate amount of all Line Advances, plus the outstanding amount of all Swingline Loans shall not exceed $15,000,000.00, and provided further that the aggregate of all BD Development Advances shall not at any time exceed $7,500,000.00. On the terms and subject to the conditions of this Agreement, the proceeds of each Line Advance shall be made available to the Borrowers by deposit to an account designated by the Borrowers as shall have been specified in the Notice of Borrowing no later than 11:00 a.m. on the third or first Business Day (as applicable) following receipt of a proper request. Additional conditions to making Line Advances are contained in Sections 9.1 and 9.2 hereof.
Availability of Advances. Subject to Clause 3 having been fully satisfied or waived (if applicable) by the Borrower and the other terms and conditions of this Agreement, the Borrower may request the making of an Advance by delivering to the Lender a duly completed Notice of Drawing not later than three (3) Business Days before the proposed Drawdown Date during the Loan Term and agreed by the Lender, provided that:
(a) the aggregate principal amount of all Advances shall not exceed the aggregate principal amount of the Facility available for drawing under this Agreement.
Availability of Advances. Subject to the satisfaction of all conditions ------------------------ precedent set forth below in Section 2 and the other terms and conditions of --------- this Note, Payee shall make advances under this Note (collectively, "Advances") -------- during the period commencing on the date of this Note and ending on the Maturity Date. Advances shall be made no more frequently than two (2) times in any 30- day period and shall not exceed $800,000 in aggregate principal amount. Amounts borrowed under this Note and subsequently repaid or prepaid may not be reborrowed. Notwithstanding anything to the contrary in this Note, Maker may use the Advance proceeds only for the payment of costs, fees and expenses (including attorneys' fees) incurred in connection with the Lakeshore Litigation, including the investigation, preparation, defense, settlement and appeal of any claims in the Lakeshore Litigation (collectively, "Litigation ---------- Costs") that have been incurred by Maker. Maker shall not use the Advance ----- proceeds for any other purpose, including, without limitation, the payment of principal repayments or interest and other amounts payable or accrued from time to time under this Note ("Debt Service"). ------------
Availability of Advances. Each Lender will make its Applicable Percentage of each Revolver Advance Borrowing available to the Administrative Agent for the account of the Borrowers at the office of the Administrative Agent specified in Section 19.13, or at such other office as the Administrative Agent may designate in writing, by 1:00 P.M. on the date specified in the applicable Notice of Borrowing, in Dollars and in funds immediately available to the Administrative Agent. The Administrative Agent will, upon receipt by the Administrative Agent of each Lender’s Applicable Percentage of the proceeds of the requested Revolver Advance, make a Revolver Advance as a LIBOR Rate Loan or an Alternate Base Rate Loan (as the case may be) which will be made in a minimum amount of $100,000.00 and in integral multiples of $50,000.00, provided that after giving effect to such Revolver Advance, the aggregate amount of all Revolver Advances shall not exceed $2,000,000.00. On the terms and subject to the conditions of this Agreement, the proceeds of each Revolver Advance shall be made available to the Borrowers by deposit to the account of the Borrowers as shall have been specified in the Notice of Borrowing no later than 11:00 a.m. on the third or first (as applicable) Business Day following receipt of a proper request. Additional conditions to making Revolver Advances are contained in Sections 9.1 and 9.2 hereof.
Availability of Advances. If any Lender determines that maintenance of its Eurocurrency Loans, Foreign Currency Swing Loans or Euro Swing Loans at a suitable Lending Installation would violate any applicable law, rule, regulation, or directive, whether or not having the force of law, or if the Required Lenders determine, or a Foreign Currency Swing Lender or the Euro Swing Lender determines, as the case may be, that (a) deposits of a type, currency and maturity appropriate to match fund Eurocurrency Advances, the applicable Foreign Currency Swing Loans or Euro Swing Loans, as the case may be, are not available or (b) the interest rate applicable to Eurocurrency Advances, the applicable Foreign Currency Swing Loans or Euro Swing Loans, as the case may be, does not accurately reflect the cost of making or maintaining such Eurocurrency Advances, Foreign Currency Swing Loans or Euro Swing Loans, as the case may be, then (i) in the case of any such determination with respect to Eurocurrency Advances, the Administrative Agent shall suspend the availability of Eurocurrency Advances and require any affected Eurocurrency Advances to be repaid or converted to Base Rate Advances, subject to the payment of any funding indemnification amounts required by Section 3.4, (ii) in the case of any such determination with respect to Foreign Currency Swing Loans, the Appropriate Foreign Currency Swing Lender may suspend the availability of Foreign Currency Swing Loans by such Lender and require any affected Foreign Currency Swing Loans to be repaid or (iii) in the case of any such determination with respect to Euro Swing Loans, the Euro Swing Lender may suspend the availability of Euro Swing Loans and require any affected Euro Swing Loans to be repaid.
Availability of Advances. Subject to the terms of this Agreement, FI may require that an Advance be made to it under this Agreement by delivering to RTZ Lender prior to 10am (London time) on the fifth Business Day before the proposed Advance Date, a duly completed Advance Request.
Availability of Advances. Subject to the satisfaction of all conditions precedent listed in Article 3 and the other terms and provisions of this Agreement, Advances under the Facilities and from the Company’s Funds Account shall be made during the Availability Period.
Availability of Advances. (a) The Facility shall be available for Drawdowns by the Borrowers, at the option of the Borrowers, as follows:
(i) to Celestica or Celestica International, Drawdowns from Lenders, each in a minimum amount of U.S. $5,000,000 and integral multiples of U.S. $100,000 in excess thereof, in United States Dollars by way of Base Rate Canada Advances; and
(ii) to Celestica or Celestica International, Drawdowns from Lenders, each in a minimum amount of U.S. $5,000,000 and integral multiples of U.S. $100,000 in excess thereof, in United States Dollars by way of LIBOR Advances.
(b) Each Drawdown of an Advance pursuant to Section 2.3(a)(i) or (ii) shall be made by irrevocable Drawdown Notice, which Drawdown Notice shall be given by Celestica or Celestica International to the Administrative Agent, not later than (y) 10:00 a.m. Toronto, Canada time on the Banking Day prior to the relevant Drawdown Date in the case of Base Rate Canada Advances, and (z) 10:00 a.m. London, England time and 10:00 a.m. New York, New York time on the third Banking Day prior to the relevant Drawdown Date in the case of a LIBOR Advance in United States Dollars.
(c) A Borrower may not make a Drawdown under the Facility if, as a result of such Drawdown, the sum of (i) the aggregate principal amount of all LIBOR Advances in United States Dollars outstanding under the Facility, plus (ii) the aggregate principal amount of all Base Rate Canada Advances outstanding under the Facility (collectively, the "OUTSTANDING AMOUNT") would exceed the aggregate of all Commitments of the Lenders at such time (or such lesser amount as may be available following a cancellation in part of the Facility pursuant to Section 2.6).
(d) If a Borrower wishes to make a Drawdown under the Facility for the purpose of financing a Take-over Bid, such Borrower shall deliver to the Administrative Agent a written notice (a "TAKE-OVER BID NOTICE") thereof at least ten (10) Banking Days prior to the day on which it gives to the Administrative Agent a Drawdown Notice requesting such Drawdown. Such Take-over Bid Notice shall include the details of such Take-over Bid. As soon as possible, but in any event within five (5) Banking Days of the giving of the Take-over Bid Notice, each Lender shall, acting reasonably and in good faith, determine whether or not it wishes to fund its Main Facility Rateable Portion of such Drawdown. Notwithstanding any other provisions hereof, if any Lender determines that it does not wish to fund its Main Fac...
Availability of Advances. Subject to Section 2.09, the Advances shall be made available to the Borrowers by the Lenders from the Effective Date until 11:59 p.m. on the Commitment Reduction Date; provided that the Commitments and all of the Lenders’ obligations under the Loan Documents shall (unless specifically provided otherwise in any Loan Document) terminate on the First Advance Expiry Date unless the initial Advance under either of the Loan Facilities shall have occurred before, or occurs on, the First Advance Expiry Date; provided, however, that the obligations and liabilities of the Lenders contained in Section 2.12(e), Section 8.06, Section 8.10, and Section 9.05(c) shall survive the cancellation of the Commitments in full and the termination of this Agreement. The whole of any Unused Commitments shall be automatically terminated at 11:59 p.m. on the Commitment Reduction Date, with the amount of any such reduction being implemented based upon the Pro Rata Share of each Lender. Borrowings under the Term Loan Facility and the Bridge Loan Facility shall be pro-rata until the whole of the Total Bridge Loan Commitment has been advanced or the Total Bridge Loan Commitment is reduced to zero.
