Availability of Borrowings. The Administrative Agent shall make Borrowings available to the Borrower as follows:
(A) In the case of a Borrowing consisting of Advances, the Administrative Agent will make such funds available to the Borrower in immediately available funds to the account of the Borrower at Washington Mutual Bank doing business as Western Bank, Account No. 201-00000000, or such other account of the Borrower as may be approved by the Lender.
(B) In the case of a Borrowing consisting of the issuance of a Letter of Credit, the Letter of Credit Issuer shall deliver the Letter of Credit to the beneficiary thereof on the date specified in the applicable Borrowing Request.
(C) Unless the Administrative Agent shall have been notified in writing by any Lender prior to a Borrowing of a Revolving Facility Advance that such Lender will not make the amount that would constitute such Lender's Commitment Percentage of such Revolving Facility Advance available to the Administrative Agent, the Administrative Agent may assume that such Lender is making such amount available to the Administrative Agent, and the Administrative Agent may, in reliance upon such assumption, make available to the Borrower a corresponding amount. If such amount is not made available to the Administrative Agent by the required time on the date of the Borrowing, such Lender shall pay to the Administrative Agent, on demand, such amount with interest thereon at a rate equal to the daily average Federal Funds Effective Rate for the period until such Lender makes such amount immediately available to the Administrative Agent. A certificate of the Administrative Agent submitted to any Lender with respect to any amounts owing under this Section 2.3(a)(ii)(C) shall be conclusive in the absence of manifest error. If such Lender's Commitment Percentage of such Revolving Facility Advance is not made available to the Administrative Agent by such Lender within three Business Days of the date of such Borrowing, the Administrative Agent shall also be entitled to recover such amount with interest thereon at the rate per annum applicable to Floating Rate Advances hereunder, on demand, from the Borrower.
Availability of Borrowings. Lender will make Borrowings available to Borrower in immediate available funds to account of Borrower with Lender, or such other account of Borrower as may be approved by Lender, by delivery of such funds to Borrower’s account on the first Business Day after delivery of applicable Advance Request in accordance with Section 2.2(a) hereof.
Availability of Borrowings. Borrower may request an Advance on any Business Day during the Commitment Period, subject to the provisions contained in Section 2.1, by giving Lender, with a copy to the Collateral Agent, prior irrevocable notice of each borrowing in the form of Exhibit C hereto ("Notice of Borrowing") by 11:00 A.M. (New York City time) on the second Business Day prior to a Borrowing Date which shall specify (a) the Borrowing Date for such borrowing, (b) the Outstanding Facility Balance on such date (prior to the making of the requested Advance), (c) the Borrowing Base applicable to such Advance, and (d) the Available Facility Amount; provided, however, that Lender shall not be obligated to make more than one Loan in any single calendar week. Subject to satisfaction of the conditions precedent set forth in Section 4 hereof, the proceeds of such Advance will be made available to Borrower by Lender by wire transfer of immediately available funds to the Collection Account. The amount of such Advance shall be paid out from the Collection Account as set forth in Section 2.03(a) of the Paying Agent Agreement.
Availability of Borrowings. Xxxxx may request Triple-A One Loans on any Business Day during the Commitment Period by giving Triple-A One prior irrevocable notice of each borrowing in the form of Exhibit C hereto ("Notice of Borrowing") by 10:00 A.M. (New York City time) on the Business Day prior to a Triple-A One Borrowing Date which shall specify the (a) Triple-A One Borrowing Date for such borrowing and (b) the amount of the Triple-A One Loan requested; provided, however, that any Triple-A One Loan funded with Eurodollar Loans shall require three Working Days prior notice. The proceeds of such Triple-A One Loans will be made available to Xxxxx by Triple-A One by crediting a sub-account (the "Disbursement Sub-Account") of the Collection Account with immediately available funds by 10:00 A.M. (New York time) on the Triple-A One Borrowing Date.
Availability of Borrowings. (a) Recco may request Loans on any Business Day during the Commitment Period by delivering to the Administrative Agent prior irrevocable notice (with a copy delivered to the Surety Provider and to each Group Agent) of each borrowing in the form of Exhibit D hereto ("Notice of Borrowing") by 11:00 A.M. (New York City time) on the Business Day prior to a Borrowing Date which shall specify the (a) Borrowing Date for such borrowing, and (b) the amount of the Loan requested. The Administrative Agent shall promptly determine and notify each Group Agent of each Lender's Share of such Loan requested. Each Lender shall make Loans during the Commitment Period as follows:
(i) upon each Group Agent's receipt of each Notice of Borrowing, the Group Agent shall promptly determine whether the Conduit Lenders or the Committed Lenders of its Lending Group will participate in the funding of the requested borrowing;
(ii) upon such determination as described in clause (i) above, each Group Agent shall promptly notify the Administrative Agent, who in turn shall promptly notify Recco and the Surety Provider of the results of such determination.
(b) Each Loan shall be in an amount at least equal to $500,000 (except the initial Loan to be funded by the VFCC Lenders, which shall be in a minimum amount of $5,000,000) or integral multiples of $100,000 in excess thereof. Any Notice of Borrowing shall be irrevocable. Recco shall indemnify the Lenders and hold the Lenders harmless from any related Breakage Costs that the Lenders may sustain or incur as a consequence of Recco's failure to complete a Loan after submission of a Notice of Borrowing (other than due to a default by a Lender).
(c) Each applicable Lender shall use its best efforts to place the proceeds of such Loans on wire transmission to the Recco Account by 2:00 P.M. (New York time) on the Borrowing Date.
Availability of Borrowings. Recco may request Loans on any Business Day during the Commitment Period by delivering to the Program Manager prior irrevocable notice (with a copy to the Surety Provider) of each borrowing in the form of Exhibit C hereto ("Notice of Borrowing") by 11:00 A.M. (New York City time) on the Business Day prior to a Borrowing Date which shall specify the (a) Borrowing Date for such borrowing and (b) the amount of the Loan requested. Upon the Program Manager's receipt of each Notice of Borrowing, the Program Manager shall promptly determine whether the Conduit Lender or the Committed Lender will participate in the funding of the requested borrowing. The proceeds of such Loan will be made available to Recco by the applicable Lender by depositing to the Recco Account immediately available funds by 10:00 A.M. (New York time) on the Borrowing Date.
Availability of Borrowings. (a) Prior to a PARCO Wind-Down Event, Recco may request Loans on any Business Day up to the Termination Date by giving the Funding Agent prior irrevocable notice of each borrowing in the form of Exhibit C hereto ("Notice of Borrowing") by 11:00 A.M. (New York time) one Business Day prior to a Borrowing Date.
(b) Following a PARCO Wind-Down Event, but prior to the Termination Date, if no Event of Default has occurred and is continuing, Recco may request Loans on any Business Day by giving the Funding Agent a Notice of Borrowing (i) in the case of Eurodollar Fundings, by 5:00 P.M. (New York time) no later than three (3) Business Days prior to the Borrowing Date and (ii) in the case of BR Fundings, by 10:00 A.M. (New York time) on the Borrowing Date.
(c) Following an Event of Default, the rate applicable to all outstanding borrowings shall be the Base Rate in effect as of 10:00 A.M. (New York time) on such Borrowing Date.
(d) The proceeds of such Loans will be made available to Recco by the applicable Lenders by crediting a sub-account of the Collection Account (the "Disbursement Sub-Account") with immediately available funds by 4:00 P.M. (New York time) on the Borrowing Date; provided that any such release of funds to Recco
Availability of Borrowings. During the Facility Term, the Borrower may request Loans on any Business Day by delivering to the Administrative Agent irrevocable notice of each borrowing via facsimile in the form of Exhibit B hereto (a "Borrowing Request") on the related Determination Date with respect to Loans to be made on a Remittance Date and at least two Business Days prior to the proposed Borrowing Date with respect to Loans to be made on any other Borrowing Date. The Borrowing Request shall specify (a) the proposed Borrowing Date for such Loan; (b) the amount of the Loan requested, which shall be at least $5,000,000 and integral multiples of $1,000,000 in excess thereof, and (c) the desired Tranche Period related thereto pursuant to Section 2.
Availability of Borrowings. (a) During the Facility Term, the Borrower may request Advances on any Business Day by delivering to the Administrative Agent irrevocable notice of each borrowing via facsimile in the form of Exhibit B attached hereto (a "Borrowing Request") (i) if the proposed Advance is greater than $150,000,000, no later than 4:00 p.m. (New York City time) on the fifth Business Day prior to the proposed Borrowing Date , (ii) if the proposed Advance is greater than $45,000,000 but less than or equal to $150,000,000, no later than 4:00 p.m. (New York City time) on the third Business Day prior to the proposed Borrowing Date, (iii) if the proposed Advance is greater than $20,000,000 but less than or equal to $45,000,000, no later than 4:00 p.m. (New York City time) on the second Business Day prior to the proposed Borrowing Date (iv) if the proposed Advance is greater than $5,000,000 but less than or equal to $20,000,000, no later than 11:00 a.m. (New York City time) on the Business Day prior to the proposed Borrowing Date and (v) if the proposed
Availability of Borrowings. 2 2.4. INTEREST........................................................................................3 2.5. PRINCIPAL PAYMENTS ON THE LOAN..................................................................3
