Borrowing Mechanics for Loans. (i) Except pursuant to Section 2.03(d), Loans that are Base Rate Loans shall be made in an aggregate minimum amount of $500,000 and integral multiples of $500,000 in excess of that amount, and Loans that are Eurodollar Rate Loans shall be in an aggregate minimum amount of $500,000 and integral multiples of $500,000 in excess of that amount. (ii) Subject to Section 2.24, whenever the Borrower desires that Lenders make Loans, Borrower shall deliver to the Administrative Agent a fully executed and delivered Funding Notice no later than (x) in the case of a Eurodollar Rate Loan, 10:00 a.m. (New York City time) at least three Business Days in advance of the proposed Credit Date and (y) in the case of a Base Rate Loan, either (1) not later than 10:00 a.m. (New York City time) at least one Business Day in advance of the proposed Credit Date or (2) not later than 10:00 a.m. (New York City time) on the proposed Credit Date; provided that the aggregate principal amount of Loans requested pursuant to this Section 2.01(b)(ii)(y)(2) on any one day shall not exceed $20,000,000. Except as otherwise provided herein, a Funding Notice for a Loan that is a Eurodollar Rate Loan shall be irrevocable on and after the related Interest Rate Determination Date, and the Borrower shall be bound to make a Borrowing in accordance therewith. Notwithstanding the foregoing, the Administrative Agent may agree to shorter time periods with respect to the requirements set forth above. (iii) Notice of receipt of each Funding Notice in respect of Loans, together with the amount of each Lender’s Pro Rata Share thereof, if any, together with the applicable interest rate, shall be provided by the Administrative Agent to each applicable Lender with reasonable promptness. (iv) Each Lender shall make the amount of its Loan available to the Administrative Agent not later than 12:00 p.m. (New York City time) on the applicable Credit Date by wire transfer of same day funds in Dollars, at the Principal Office of the Administrative Agent. Except as provided herein, upon satisfaction or waiver of the conditions precedent specified herein, the Administrative Agent shall make the proceeds of such Loans available to the Borrower on the applicable Credit Date by causing an amount of same day funds in Dollars equal to the proceeds of all such Loans received by the Administrative Agent from Lenders to be credited to the account of the Borrower at the Principal Office designated by the Administrative Agent or such other account as may be designated in writing to the Administrative Agent by the Borrower.
Appears in 6 contracts
Samples: Revolving Credit and Guaranty Agreement (Blue Apron Holdings, Inc.), Revolving Credit and Guaranty Agreement (Slack Technologies, Inc.), Revolving Credit and Guaranty Agreement (Blue Apron Holdings, Inc.)
Borrowing Mechanics for Loans. (i) Except pursuant to Section 2.03(d), Loans that are Base Rate Loans No more than one Credit Date shall occur during any one week period.
(ii) Each advance in respect of any Revolving Loan shall be made in an aggregate minimum amount of $500,000 250,000 and integral multiples of $500,000 in excess of that amount, and Loans that are Eurodollar Rate Loans shall be in an aggregate minimum maximum amount of $500,000 and integral multiples the Availability in respect of $500,000 in excess of that amountthe Revolving Loan Investment Pool.
(iiiii) Subject to Section 2.24, whenever Whenever the Borrower desires that the Lenders make Loansa Revolving Loan, the Borrower shall deliver to the Administrative Agent a fully executed and delivered Funding Notice and Certificate no later than (x) in the case of a Eurodollar Rate Loan, 10:00 a.m. (New York City time) at least three Business Days in advance of the proposed Credit Date and (y) in the case of a Base Rate Loan, either (1) not later than 10:00 a.m. (New York City time) at least one Business Day in advance of the proposed Credit Date or (2) not later than 10:00 a.m. (New York City time) on the proposed Credit Date; provided that the aggregate principal amount of Loans requested pursuant to this Section 2.01(b)(ii)(y)(2) on any one day shall not exceed $20,000,000. Except as otherwise provided herein, a Funding Notice for a Loan that is a Eurodollar Rate Loan and Certificate shall be irrevocable on and after the related Interest Rate Determination Date, and the Borrower shall be bound to make a Borrowing borrowing in accordance therewith. Notwithstanding the foregoing, the Administrative Agent may agree to shorter time periods with respect to the requirements set forth above.
(iiiiv) Notice of receipt of each Funding Notice and Certificate in respect of Revolving Loans, together with the amount of each Lender’s Pro Rata Share thereof, if any, together with the applicable interest rateApplicable Interest Rate, shall be provided by the Administrative Agent to each applicable Lender by telefacsimile with reasonable promptness, but (provided the Administrative Agent shall have received such notice by 10:00 a.m.) not later than 2:00 p.m. on the same day as the Administrative Agent’s receipt of such Notice from the Borrower.
(ivv) Each Lender shall make the amount of its Revolving Loan available to the Administrative Agent not later than 12:00 p.m. (New York City time) on the applicable Credit Date by wire transfer of same day funds in Dollars, Dollars at the Principal Office of the Administrative Agent’s Principal Office. Except as provided herein, upon satisfaction or waiver of the conditions precedent specified herein, the Administrative Agent shall make the proceeds of such Revolving Loans available to the Borrower on the applicable Credit Date by causing an amount of same day funds in Dollars equal to the proceeds of all such Revolving Loans received by the Administrative Agent from the Lenders to be credited to the Originator Account on account of the Borrower at the Principal Office designated by the Administrative Agent or Initial Purchase Price attributable to such other account as may be designated Investment Pool in writing to the Administrative Agent by the Borrowerrespect of which such Loan was advanced.
Appears in 3 contracts
Samples: Second Amendment Agreement (Mogo Finance Technology Inc.), Fifth Amendment Agreement (Mogo Finance Technology Inc.), Credit Agreement
Borrowing Mechanics for Loans. (i) Except pursuant to Section 2.03(d), Loans that are Base Rate Delayed Draw Term Loans shall be made in an aggregate minimum amounts of $10,000,000 pursuant to a maximum of seven drawings.
(ii) Revolving Loans shall be made in a minimum amount of $500,000 1,000,000 and integral multiples of $500,000 in excess of that amount, and Loans that are Eurodollar Rate Loans shall be in an aggregate minimum amount of $500,000 and integral multiples of $500,000 in excess of that amountthereof.
(iiiii) Subject With respect to Section 2.24Term Loans, whenever OpCo shall deliver to Administrative Agent a fully executed and delivered Closing Date Certificate and a Funding Notice on the Closing Date. Promptly upon receipt by Administrative Agent of such certificate, Administrative Agent shall notify each Lender in writing of the proposed borrowing.
(iv) Whenever a Borrower desires that Lenders make Loans, the applicable Borrower shall deliver to the Administrative Agent telephonic notice, followed by a fully executed and delivered Funding Notice no later than (x) in the case of a Eurodollar Rate Loan, 10:00 a.m. (New York City time) at least three Business Days in advance of the proposed Credit Date and (y) in the case of a Base Rate Loan, either (1) not later than 10:00 a.m. (New York City time) at least three (3) Business Days in advance of the proposed Credit Date in the case of a Eurodollar Rate Loan, and at least one (1) Business Day in advance of the proposed Credit Date or (2) not later than 10:00 a.m. (New York City time) on in the proposed Credit Date; provided that the aggregate principal amount case of Loans requested pursuant to this Section 2.01(b)(ii)(y)(2) on any one day shall not exceed $20,000,000a Base Rate Loan. Except as otherwise provided herein, a Funding Notice for a Loan that is a Eurodollar Rate Loan shall be irrevocable on and after the related Interest Rate Determination Date, and the applicable Borrower shall be bound to make a Borrowing borrowing in accordance therewith. Notwithstanding the foregoing, the Administrative Agent may agree to shorter time periods with respect to the requirements set forth above.
(iiiv) Notice of receipt of each Funding Notice in respect of Loans, together with the amount of each Lender’s 's Pro Rata Share thereof, if any, together with the applicable interest rate, shall be provided by the Administrative Agent to each applicable Lender by telefacsimile with reasonable promptness, but (provided Administrative Agent shall have received such notice by 12:00 p.m. (New York City time)) not later than 2:00 p.m. (New York City time) on the same day as Administrative Agent's receipt of such notice from the applicable Borrower.
(ivvi) Each Lender shall make the amount of its Loan available to the Administrative Agent not later than 12:00 p.m. (New York City time) on the applicable Credit Date by wire transfer of same day funds in Dollars, at the Principal Office of the Administrative Agent's Principal Office. Except as provided herein, upon satisfaction or waiver of the conditions precedent specified herein, the Administrative Agent shall make the proceeds of such Loans available to the applicable Borrower by 3:00 p.m. New York City time on the applicable Credit Date by causing an amount of same day funds in Dollars equal to the proceeds of all such Loans received by the Administrative Agent from Lenders to be credited to the account of the applicable Borrower at the Administrative Agent's Principal Office designated by the Administrative Agent or such other account as may be designated in writing to the Administrative Agent by the applicable Borrower.
Appears in 1 contract
Borrowing Mechanics for Loans. (i) Except pursuant to Section 2.03(d), Loans that are Base Rate Loans shall be made in an aggregate minimum amount of $500,000 and integral multiples of $500,000 in excess of that amount, and Loans that are Eurodollar Rate Loans shall be in an aggregate minimum amount of $500,000 and integral multiples of $500,000 in excess of that amount; provided that, in each case, Base Rate Loans and Eurodollar Rate Loans may be in an aggregate amount that is equal to the entire unused balance of the Revolving Commitments.
(ii) Subject to Section 2.24, whenever the Borrower desires that Lenders make Loans, Borrower shall deliver to the Administrative Agent a fully executed and delivered Funding Notice no later than (x) in the case of a Eurodollar Rate Loan, 10:00 a.m. (New York City time) at least three (3) Business Days in advance of the proposed Credit Date and (y) in the case of a Base Rate Loan, either (1) not later than 10:00 a.m. (New York City time) at least one Business Day in advance of the proposed Credit Date or (2) not later than 10:00 a.m. (New York City time) on the proposed Credit Date; provided that the aggregate principal amount of Loans requested pursuant to this Section 2.01(b)(ii)(y)(2) on any one day shall not exceed $20,000,000. Except as otherwise provided herein, a Funding Notice for a Loan that is a Eurodollar Rate Loan shall be irrevocable on and after the related Interest Rate Determination Date, and the Borrower shall be bound to make a Borrowing in accordance therewith. Notwithstanding the foregoing, the Administrative Agent may agree to shorter time periods with respect to the requirements set forth above.
(iii) Notice of receipt of each Funding Notice in respect of Loans, together with the amount of each Lender’s Pro Rata Share thereof, if any, together with the applicable interest rate, shall be provided by the Administrative Agent to each applicable Lender with reasonable promptness.
(iv) Each Lender shall make the amount of its Loan available to the Administrative Agent not later than 12:00 p.m. (New York City time) on the applicable Credit Date by wire transfer of same day funds in Dollars, at the Principal Office of the Administrative Agent. Except as provided herein, upon satisfaction or waiver of the conditions precedent specified herein, the Administrative Agent shall make the proceeds of such Loans available to the Borrower on the applicable Credit Date by causing an amount of same day funds in Dollars equal to the proceeds of all such Loans received by the Administrative Agent from Lenders to be credited to the account of the Borrower at the Principal Office designated by the Administrative Agent or such other account as may be designated in writing to the Administrative Agent by the Borrower.
Appears in 1 contract
Samples: Revolving Credit and Guaranty Agreement (Compass, Inc.)
Borrowing Mechanics for Loans. (i) Except pursuant to Section 2.03(d), Loans that are Base Rate Loans Each Loan shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders of such Class proportionately to their applicable Pro Rata Shares. At the commencement of each Interest Period for any Eurodollar Rate Borrowing, such Borrowing shall be in an aggregate minimum amount of $500,000 and 1,000,000 or an integral multiples multiple of $500,000 in excess of such amount; provided that amount, and Loans that are a Eurodollar Rate Loans shall Borrowing that results from a continuation of an outstanding Eurodollar Rate Borrowing may be in an aggregate minimum amount that is equal to the amount of $500,000 and integral multiples of $500,000 in excess of that amountsuch outstanding Borrowing.
(ii) Subject to Section 2.24To request a Borrowing, whenever the Borrower desires that Lenders make Loans, Borrower shall deliver to the Administrative Agent a fully completed and executed and delivered Funding Notice no later than (xA) in the case of a Eurodollar Rate LoanBorrowing, 10:00 a.m. not later than 2:00 p.m. (New York City time) at least three Business Days in advance of the proposed Credit Date (which shall be a Business Day) and (yB) in the case of a Base Rate LoanBorrowing, either (1) not later than 10:00 11:00 a.m. (New York City time) at least one Business Day in advance of the proposed Credit Date (which shall be a Business Day) (or, in each case, with respect to any Borrowing of Incremental Loans or (2) Refinancing Loans, not later than 10:00 a.m. (New York City time) on such other time as shall be specified therefor in the proposed Credit Date; provided that applicable Incremental Facility Agreement or Refinancing Facility Agreement). Promptly upon receipt by the aggregate principal Administrative Agent of a Funding Notice in accordance with this paragraph, the Administrative Agent shall notify each Lender of the applicable Class of the details thereof and of the amount of Loans such Lender’s Loan to be made as part of the requested pursuant to this Section 2.01(b)(ii)(y)(2) on any one day shall not exceed $20,000,000Borrowing. Except as otherwise provided herein, Following delivery of a Funding Notice for a Loan that is a Eurodollar Rate Loan Borrowing, any failure to make such Borrowing shall be irrevocable on and after the related Interest Rate Determination Date, and the Borrower shall be bound subject to make a Borrowing in accordance therewith. Notwithstanding the foregoing, the Administrative Agent may agree to shorter time periods with respect to the requirements set forth aboveSection 2.17(c).
(iii) Notice of receipt of each Funding Notice in respect of Loans, together with the amount of each Lender’s Pro Rata Share thereof, if any, together with the applicable interest rate, shall be provided by the Administrative Agent to each applicable Lender with reasonable promptness.
(iv) Each Lender shall make the principal amount of its each Loan required to be made by it hereunder on any Credit Date available to the Administrative Agent not later than 12:00 1:00 p.m. (New York City time) on such Credit Date (or, with respect to any Borrowing of Incremental Loans or Refinancing Loans, not later than such other time as shall be specified therefor in the applicable Credit Date Incremental Facility Agreement or Refinancing Facility Agreement) by wire transfer of same day funds in Dollars, at the Principal Office of the Administrative Agent. Except as provided herein, upon satisfaction or waiver of the conditions precedent specified herein, the Administrative Agent shall make the proceeds of such Loans available to the Borrower on the applicable Credit Date by causing an amount of same day funds in Dollars equal to the proceeds of all such Loans received by the Administrative Agent from Lenders to be credited to the account of the Borrower at the Principal Office Administrative Agent most recently designated by it for such purpose by notice to the Lenders. The Administrative Agent or will make each such other account as may be designated in writing Loan available to the Administrative Agent Borrower by promptly remitting the amounts so received, in like funds, to the account specified by the BorrowerBorrower in the applicable Funding Notice.
Appears in 1 contract
Samples: Second Lien Credit and Guaranty Agreement (Fusion Connect, Inc.)
Borrowing Mechanics for Loans. (i1) Except pursuant to Section 2.03(d), Loans that are Base Rate Loans shall be made in an aggregate minimum amount of $500,000 and integral multiples of $500,000 in excess of that amount, and Loans that are Eurodollar Rate Term SOFR Loans shall be in an aggregate minimum amount of $500,000 and integral multiples of $500,000 in excess of that amount; provided that, in each case, Base Rate Loans and Term SOFR Loans may be in an aggregate amount that is equal to the entire unused balance of the Revolving Commitments.
(ii2) Subject to Section 2.24, whenever the Borrower desires that Lenders make Loans, Borrower shall deliver to the Administrative Agent a fully executed and delivered Funding Notice no later than (x) in the case of a Eurodollar Rate Term SOFR Loan, 10:00 a.m. (New York City time) at least three (3) U.S. Government Securities Business Days in advance of the proposed Credit Date and (y) in the case of a Base Rate Loan, either (1) |US-DOCS\140731213.5|| not later than 10:00 a.m. (New York City time) at least one Business Day in advance of the proposed Credit Date or (2) not later than 10:00 a.m. (New York City time) on the proposed Credit Date; provided that the aggregate principal amount of Loans requested pursuant to this Section 2.01(b)(ii)(y)(2) on any one day shall not exceed $20,000,000. Except as otherwise provided herein, a Funding Notice for a Loan that is a Eurodollar Rate Term SOFR Loan shall be irrevocable on and after the related Interest Rate Determination Date, and the Borrower shall be bound to make a Borrowing in accordance therewith. Notwithstanding the foregoing, the Administrative Agent may agree to shorter time periods with respect to the requirements set forth above.
(iii3) Notice of receipt of each Funding Notice in respect of Loans, together with the amount of each Lender’s Pro Rata Share thereof, if any, together with the applicable interest rate, shall be provided by the Administrative Agent to each applicable Lender with reasonable promptness.
(iv4) Each Lender shall make the amount of its Loan available to the Administrative Agent not later than 12:00 p.m. (New York City time) on the applicable Credit Date by wire transfer of same day funds in Dollars, at the Principal Office of the Administrative Agent. Except as provided herein, upon satisfaction or waiver of the conditions precedent specified herein, the Administrative Agent shall make the proceeds of such Loans available to the Borrower on the applicable Credit Date by causing an amount of same day funds in Dollars equal to the proceeds of all such Loans received by the Administrative Agent from Lenders to be credited to the account of the Borrower at the Principal Office designated by the Administrative Agent or such other account as may be designated in writing to the Administrative Agent by the Borrower.
Appears in 1 contract
Samples: Revolving Credit and Guaranty Agreement (Compass, Inc.)
Borrowing Mechanics for Loans. (i) Except pursuant to Section 2.03(d), Loans that are Base Rate Loans shall be made in an aggregate minimum amount of $500,000 and integral multiples of $500,000 in excess of that amount, and Loans that are Eurodollar Rate Loans shall be in an aggregate minimum amount of $500,000 and integral multiples of $500,000 in excess of that amount50,000.
(ii) Subject to Section 2.24, whenever the Borrower Whenever Company desires that Lenders make Loans, Borrower Company shall deliver to the Paying Agent, Administrative Agent and each Lender a fully executed and delivered Funding Notice no later than (x) in the case of a Eurodollar Rate Loan, 10:00 a.m. Noon (New York City time) at least three two (2) Business Days in advance of the proposed Credit Date and (y) in the case of a Base Rate Loanexcept, either (1) not later than 10:00 a.m. (New York City time) at least one Business Day in advance of the proposed Credit Date or (2) not later than 10:00 a.m. (New York City time) on the proposed Credit Date; provided that the aggregate principal amount of Loans requested pursuant to this Section 2.01(b)(ii)(y)(2) on any one day shall not exceed $20,000,000. Except as otherwise provided herein, a Funding Notice for a Loan that is a Eurodollar Rate Loan shall be irrevocable on and after the related Interest Rate Determination Date, and the Borrower shall be bound to make a Borrowing in accordance therewith. Notwithstanding the foregoing, the Administrative Agent may agree to shorter time periods with respect to the requirements set forth aboveinitial Loan to be made on the Closing Date, the Funding Notice shall be provided by such date and time as the Borrower and Administrative Agent may reasonably agree). Each Funding Notice shall be delivered with a Borrowing Base Certificate reflecting sufficient Availability for the requested Loans and a Borrowing Base Report.
(iii) Notice of receipt of each Funding Notice in respect of Loans, together with the amount of each Lender’s Pro Rata Share thereof, if any, together with the applicable interest rate, shall be provided by the Administrative Agent to each applicable Lender with reasonable promptness.
(iv) Each Lender shall make the amount of its Loan available to the Administrative Paying Agent not later than 12:00 p.m. 11:00 a.m. (New York City time) on the applicable Credit Date (except, with respect to the initial Loan to be made on the Closing Date, by such time as the Borrower and Administrative Agent may reasonably agree) by wire transfer of same day funds in Dollars, at and upon the Principal Office written direction of the Administrative Agent. Except as provided herein, upon satisfaction or waiver of the conditions precedent specified herein, the Administrative Paying Agent shall make the proceeds of remit such Loans available funds to the Borrower on the applicable Credit Date Company not later than 4:00 p.m. (New York City time) by causing an amount wire transfer of same day funds in Dollars equal to the proceeds of all such Loans received by the Administrative Agent from Lenders to be credited to the account of the Borrower at the Principal Office designated by the Administrative Company in the related Funding Notice (which need not be an account of the Company). If the Paying Agent or such other account as may be designated in writing to has not received a written direction from the Administrative Agent by 4:00 p.m. (New York City time), Paying Agent will hold such funds for the Borrowerbenefit of the Lenders until directed by the Administrative Agent.
(iv) Company may submit a Funding Notice pursuant to this Section 2.1 no more than once per calendar week.
Appears in 1 contract
Samples: Credit Agreement (FlexShopper, Inc.)