Base Rate Revolving Credit Loans. A request for the Borrowing of Base Rate Revolving Credit Loans shall be made, or shall be deemed to be made, in the following manner: (A) with respect to any Loans to be made on the Effective Date, which shall be Base Rate Loans, the Borrowers' representative shall give the Administrative Agent the Initial Notice of Borrowing at least two Business Days prior to the proposed date of the Borrowing, and, with respect to each subsequent Borrowing, the Borrowers may request a Base Rate Revolving Credit Loan by giving the Administrative Agent a Notice of Borrowing, before noon on the proposed date of the Borrowing, PROVIDED that if such notice is received after noon on the proposed date of Borrowing, the proposed Borrowing may be postponed by the Administrative Agent to the next Business Day; (B) whenever a check or other item is presented to a Disbursing Bank for payment against a Controlled Disbursement Account in an amount greater than the then available balance in such account, such Disbursing Bank shall, and is hereby irrevocably authorized by the Borrowers to, give the Administrative Agent notice thereof, which notice shall be deemed to be a request for a Base Rate Revolving Credit Loan on the date of such notice in an amount equal to the excess of such check or other item over such available balance, and such request shall be irrevocable; (C) unless payment is otherwise made by the Borrowers, the becoming due of any amount required to be paid under this Agreement or any of the Notes as interest shall be deemed to be a request for a Base Rate Revolving Credit Loan on the due date in the amount required to pay such interest, and such request shall be irrevocable; (D) unless payment is otherwise made by the Borrowers, a becoming due of any other Secured Obligation shall be deemed to be a request for a Base Rate Revolving Credit Loan on the due date in the amount then so due, and such request shall be irrevocable; and (E) the receipt by the Administrative Agent of notification from FCC to the effect that a payment has been made under a Letter of Credit or Letter of Credit Guarantee and that the Borrowers have failed to reimburse FCC therefor in accordance with the terms of ARTICLE 3, shall be deemed to be a request for a Base Rate Revolving Credit Loan on the date such notification is received in the amount of such payment which is so unreimbursed.
Appears in 1 contract
Samples: Loan and Security Agreement (Heafner Tire Group Inc)
Base Rate Revolving Credit Loans. A Unless the Borrower shall previously have requested a Eurodollar Rate Revolving Credit Loan and authorized the application of the proceeds thereof to any purpose described in CLAUSES (A) through (E) below and the Lenders shall have disbursed such Eurodollar Rate Revolving Credit Loan for such purpose, a request for the a Borrowing of Base Rate Loans constituting under the Revolving Credit Loans Facility shall be made, or shall be deemed to be made, in the following manner:
(A) with respect to any Loans to be made on the Effective Date, which shall be Base Rate Loans, the Borrowers' representative shall give the Administrative Agent the Initial Notice of Borrowing at least two Business Days prior to the proposed date of the Borrowing, and, with respect to each subsequent Borrowing, the Borrowers Borrower may request a Base Rate Revolving Credit Loan by giving notifying the Administrative Agent a Notice of BorrowingAgent, before noon 12:30 p.m. on the proposed date borrowing date, of its intention to borrow, specifying the amount of the Borrowing, PROVIDED that if such notice is received after noon on proposed borrowing and the proposed date of Borrowing, the proposed Borrowing may be postponed by the Administrative Agent to the next Business Day;borrowing date,
(B) whenever a check or other item is presented to a Disbursing Bank for payment against a Controlled Disbursement Account in an amount greater than the then available balance in such account, such Disbursing Bank shall, and is hereby irrevocably authorized by the Borrowers Borrower to, give the Administrative Agent notice thereof, which notice shall be deemed to be a request for a Borrowing of Base Rate Revolving Credit Loan Loans on the date of such notice in an amount equal to the excess of such check or other item over such available balance, and such request shall be irrevocable;,
(C) unless payment is otherwise made by the BorrowersBorrower, the becoming due of any amount required to be paid under this Agreement or any of the Notes as interest shall be deemed to be a request for a Borrowing of Base Rate Revolving Credit Loan Loans on the due date in the amount required to pay such interest, and such request shall be irrevocable;,
(D) unless payment is otherwise made by the Borrowersa Borrower, a becoming due of any other Secured Obligation shall be deemed to be a request for a Borrowing of Base Rate Revolving Credit Loan Loans on the due date in the amount then so due, and such request shall be irrevocable; , and
(E) the receipt by the Administrative Agent of notification from FCC BankBoston to the effect that a payment drawing has been made under a Letter of Credit or Letter of Credit Guarantee and that the Borrowers have Borrower has failed to reimburse FCC BankBoston therefor in accordance with the terms of the Letter of Credit, the Reimbursement Agreement and ARTICLE 3, shall be deemed to be a request for a Borrowing of Base Rate Revolving Credit Loan Loans on the date such notification is received in the amount of such payment drawing which is so unreimbursed; PROVIDED that if any notice referred to in CLAUSE (A) above is received after 12:30 p.m. on the proposed borrowing date, the proposed borrowing will be postponed automatically to the next Business Day.
Appears in 1 contract
Base Rate Revolving Credit Loans. A request for the a Borrowing of Base Rate Loans under the Revolving Credit Loans Facility shall be made, or shall be deemed to be made, in the following manner:
(A) with respect to any Loans to be made on : the Borrowers, through the Borrowers' Representative, shall give the Agent at least two Business Days' prior written notice of the Effective Date, which notice shall be irrevocable, and, as to subsequent Base Rate Revolving Credit Loans, the Borrowers may, through the Borrowers' representative shall Representative, give the Administrative Agent the Initial notice of their intention to borrow by giving telephonic notice (each a "Notice of Borrowing at least two Business Days prior to Borrowing"), which notice shall be irrevocable, before 11:30 a.m. on the proposed date borrowing date, specifying the proposed amount of the Borrowing, and, with respect to each subsequent Borrowing, the Borrowers may request a requested Base Rate Revolving Credit Loan by giving the Administrative Agent a Notice of Borrowing, before noon on to each Borrower and the proposed date of the Borrowingborrowing date, PROVIDED that if such notice is received after noon on the proposed date of Borrowing, the proposed Borrowing may be postponed by the Administrative Agent to the next Business Day;
(B) whenever a check or other item is presented to a Disbursing Bank for payment against a Controlled Disbursement Account (if such an account has been established) in an amount greater than the then then-available balance in such account, such Disbursing Bank shall, and is hereby irrevocably authorized by the Borrowers to, give the Administrative Agent notice thereof, which notice shall be deemed to be a request for a one or more Base Rate Revolving Credit Loan Loans to one or more Borrowers on the date of such notice in an aggregate amount equal to the excess of such check or other item over such available balance, and such request shall be irrevocable;
(C) unless payment is otherwise made by the Borrowers, the becoming due of any amount required to be paid under this Agreement or any of the Notes (including, without limitation, the Term Notes) as interest or principal shall be deemed to be a request for a one or more Base Rate Revolving Credit Loan Loans from one or more Borrowers on the due date in an aggregate amount equal to the amount required to pay such interestinterest or principal, and such request shall be irrevocable;
(D) unless payment is otherwise made by the Borrowers, a the becoming due of any other Secured Obligation shall be deemed to be a request for a one or more Base Rate Revolving Credit Loan Loans to one or more Borrowers on the due date in an aggregate amount equal to the amount then so due, and such request shall be irrevocable; and
(E) , and the receipt by the Administrative Agent of notification from FCC to the effect that a payment has been made under (1) a Letter of Credit Guarantee or (2) any Guarantee pursuant to which FCC or any of its Affiliates Guarantees to the Issuing Bank, the payment or performance by a Borrower of its reimbursement obligations under any IRB Letter of Credit Guarantee Credit, and that the Borrowers have failed to reimburse FCC therefor in accordance with the terms of ARTICLE 3Article 2A or any reimbursement agreement, as the case may be, shall be deemed to be a request for a one or more Base Rate Revolving Credit Loan Loans to one or more Borrowers on the date such notification is received in an aggregate amount equal to the amount of such payment which is so unreimbursed; provided, that if any notice referred to in clause (A) above is received after the applicable specified time, the proposed borrowing will be postponed automatically to the next Business Day.
Appears in 1 contract
Samples: Loan and Security Agreement (Collins Industries Inc)
Base Rate Revolving Credit Loans. A Unless the Borrower shall previously have requested a Eurodollar Rate Revolving Credit Loan and authorized the application of the proceeds thereof to any purpose described in CLAUSES (A) through (E) below and the Lenders shall have disbursed such Eurodollar Rate Revolving Credit Loan for such purpose, a request for the a Borrowing of Base Rate Revolving Credit Loans under the Revolving Credit Facility shall be made, or shall be deemed to be made, in the following manner:
(A) with respect to any Loans to be made on the Effective Date, which shall be Base Rate Loans, the Borrowers' representative shall give the Administrative Agent the Initial Notice of Borrowing at least two Business Days prior to the proposed date of the Borrowing, and, with respect to each subsequent Borrowing, the Borrowers Borrower may request a Base Rate Revolving Credit Loan by giving notifying the Administrative Agent a Agent, before 12:30 p.m. on the proposed borrowing date, of its intention to borrow ("Notice of Borrowing"), before noon on specifying the amount of the proposed date of the Borrowing, PROVIDED that if such notice is received after noon on borrowing and the proposed date of Borrowing, the proposed Borrowing may be postponed by the Administrative Agent to the next Business Day;borrowing date,
(B) whenever a check or other item is presented to a Disbursing Bank for payment against a Controlled Disbursement Account in an amount greater than the then available balance in such account, such Disbursing Bank shall, and is hereby irrevocably authorized by the Borrowers Borrower to, give the Administrative Agent notice thereof, which notice shall be deemed to be a request for a Borrowing of Base Rate Revolving Credit Loan Loans on the date of such notice in an amount equal to the excess of such check or other item over such available balance, and such request shall be irrevocable;,
(C) unless payment is otherwise made by the BorrowersBorrower, the becoming due of any amount required to be paid under this Agreement or any of the Notes as interest shall be deemed to be a request for a Borrowing of Base Rate Revolving Credit Loan Loans on the due date in the amount required to pay such interest, and such request shall be irrevocable;,
(D) unless payment is otherwise made by the Borrowersa Borrower, a becoming due of any other Secured Obligation shall be deemed to be a request for a Borrowing of Base Rate Revolving Credit Loan Loans on the due date in the amount then so due, and such request shall be irrevocable; , and
(E) the receipt by the Administrative Agent of notification from FCC BankBoston to the effect that a payment drawing has been made under a Letter of Credit or Letter of Credit Guarantee and that the Borrowers have Borrower has failed to reimburse FCC BankBoston therefor in accordance with the terms of the Letter of Credit, the Reimbursement Agreement and ARTICLE 3, shall be deemed to be a request for a Borrowing of Base Rate Revolving Credit Loan Loans on the date such notification is received in the amount of such payment drawing which is so unreimbursed; PROVIDED that if any notice referred to in CLAUSE (A) above is received after 12:30 p.m. on the proposed borrowing date, the proposed borrowing will be postponed automatically to the next Business Day.
Appears in 1 contract
Base Rate Revolving Credit Loans. A request for the Borrowing of Base Rate Revolving Credit Loans shall be made, or shall be deemed to be made, in the following manner:
(A) with respect to any Loans to be made on the Effective Date, which shall be Base Rate Loans, the Borrowers' representative shall give the Administrative Agent the Initial Notice of Borrowing at least two Business Days prior to the proposed date of the Borrowing, and, with respect to each subsequent Borrowing, the Borrowers may request a Base Rate Revolving Credit Loan by giving the Administrative Agent a Notice of Borrowing, before noon 1:00 p.m. on the proposed date of the Borrowing, PROVIDED provided that if such notice is received after noon 1:00 p.m. on the proposed date of Borrowing, the proposed Borrowing may be postponed by the Administrative Agent to the next Business Day;
(B) whenever a check or other item is presented to a Disbursing Bank for payment against a Controlled Disbursement Account in an amount greater than the then available balance in such account, such Disbursing Bank shall, and is hereby irrevocably authorized by the Borrowers to, give the Administrative Agent notice thereof, which notice shall be deemed to be a request for a Base Rate Revolving Credit Loan on the date of such notice in an amount equal to the excess of such check or other item over such available balance, and such request shall be irrevocable;
(C) unless payment is otherwise made by the Borrowers, the becoming due of any amount required to be paid under this Agreement or any of the Notes as interest shall be deemed to be a request for a Base Rate Revolving Credit Loan on the due date in the amount required to pay such interest, and such request shall be irrevocable;
(D) unless payment is otherwise made by the Borrowers, a becoming due of any other Secured Obligation shall be deemed to be a request for a Base Rate Revolving Credit Loan on the due date in the amount then so due, and such request shall be irrevocable; and
(E) the receipt by the Administrative Agent of notification from FCC to the effect that a payment has been made under a Letter of Credit or Letter of Credit Guarantee and that the Borrowers have failed to reimburse FCC therefor in accordance with the terms of ARTICLE Article 3, shall be deemed to be a request for a Base Rate Revolving Credit Loan on the date such notification is received in the amount of such payment which is so unreimbursed.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Mastec Inc)
Base Rate Revolving Credit Loans. A request for the Borrowing of Base Rate Revolving Credit Loans shall be made, or shall be deemed to be made, in the following manner:
(A) with respect to any Loans to be made on the Effective Date, which shall be Base Rate Loans, the Borrowers' representative Representative shall give the Administrative Agent the Initial Notice of Borrowing at least two Business Days prior to the proposed date of the Borrowing, and, with respect to each subsequent Borrowing, the Borrowers may request a Base Rate Revolving Credit Loan by giving the Administrative Agent a Notice of Borrowing, before 12:00 noon on the proposed date of the Borrowing, PROVIDED that if such notice is received after 12:00 noon on the proposed date of Borrowing, the proposed Borrowing may be postponed by the Administrative Agent to the next Business Day;
(B) whenever a check or other item is presented to a Disbursing Bank for payment against a Controlled Disbursement Account in an amount greater than the then available balance in such account, such Disbursing Bank shall, and is hereby irrevocably authorized by the Borrowers to, give the Administrative Agent notice thereof, which notice shall be deemed to be a request for a Base Rate Revolving Credit Loan on the date of such notice in an amount equal to the excess of such check or other item over such available balance, and such request shall be irrevocable;
(C) unless payment is otherwise made by the Borrowers, the becoming due of any amount required to be paid under this Agreement or any of the Notes as interest shall be deemed to be a request for a Base Rate Revolving Credit Loan on the due date in the amount required to pay such interest, and such request shall be irrevocable;
(D) unless payment is otherwise made by the Borrowers, a the becoming due of any other Secured Obligation shall be deemed to be a request for a Base Rate Revolving Credit Loan on the due date in the amount then so due, and such request shall be irrevocable; and
(E) the receipt by the Administrative Agent of notification from FCC to the effect that a payment has been made under a Letter of Credit or Letter of Credit Guarantee and that the Borrowers have failed to reimburse FCC therefor in accordance with the terms of ARTICLE 3, shall be deemed to be a request for a Base Rate Revolving Credit Loan on the date such notification is received in the amount of such payment which is so unreimbursed.
Appears in 1 contract
Base Rate Revolving Credit Loans. A request for the Borrowing of Base Rate Revolving Credit Loans shall be made, or shall be deemed to be made, in the following manner:
(A) with respect to any Loans to be made on the Effective Date, which shall be Base Rate Loans, the Borrowers' representative shall give the Administrative Agent the Initial Notice of Borrowing at least two Business Days prior to the proposed date of the Borrowing, and, with respect to each subsequent Borrowing, the Borrowers may request a Base Rate Revolving Credit Loan by giving the Administrative Agent a Notice of Borrowing, before 12:00 noon on the proposed date of the Borrowing, PROVIDED that if such notice is received after 12:00 noon on the proposed date of Borrowing, the proposed Borrowing may be postponed by the Administrative Agent to the next Business Day;
(B) whenever a check or other item is presented to a Disbursing Bank for payment against a Controlled Disbursement Account in an amount greater than the then available balance in such account, such Disbursing Bank shall, and is hereby irrevocably authorized by the Borrowers to, give the Administrative Agent notice thereof, which notice shall be deemed to be a request for a Base Rate Revolving Credit Loan on the date of such notice in an amount equal to the excess of such check or other item over such available balance, and such request shall be irrevocable;
(C) unless payment is otherwise made by the Borrowers, the becoming due of any amount required to be paid under this Agreement or any of the Notes as interest shall be deemed to be a request for a Base Rate Revolving Credit Loan on the due date in the amount required to pay such interest, and such request shall be irrevocable;
(D) unless payment is otherwise made by the Borrowers, a becoming due of any other Secured Obligation shall be deemed to be a request for a Base Rate Revolving Credit Loan on the due date in the amount then so due, and such request shall be irrevocable; and
(E) the receipt by the Administrative Agent of notification from FCC to the effect that a payment has been made under a Letter of Credit or Letter of Credit Guarantee and that the Borrowers have failed to reimburse FCC therefor in accordance with the terms of ARTICLE 3, shall be deemed to be a request for a Base Rate Revolving Credit Loan on the date such notification is received in the amount of such payment which is so unreimbursed.
Appears in 1 contract
Samples: Loan and Security Agreement (American Tire Distributors Inc)