Common use of Borrowing Mechanics for Revolving Loans Clause in Contracts

Borrowing Mechanics for Revolving Loans. (i) Subject to Section 4.02(c) in the case of Borrowings of Revolving Loans, each Borrowing of Revolving Loans shall be made upon the Borrower’s irrevocable notice to the Administrative Agent, which may only be given in writing. Each such notice must be received by the Administrative Agent not later than (A) 1:00 p.m. three Business Days prior to the requested date of any Borrowing of SOFR Loans, and (B) 12:00 noon on the requested date of any Borrowing of Base Rate Loans. Each notice by the Borrower pursuant to this Section 2.02(b) must be delivered to the Administrative Agent in the form of a Committed Loan Notice, appropriately completed and signed by a Responsible Officer of the Borrower. Each Borrowing of SOFR Loans shall be in a principal amount of $500,000 or a whole multiple of $100,000 in excess thereof in the case of SOFR Loans. Each Borrowing of Base Rate Loans shall be in a principal amount of $500,000 or a whole multiple of $100,000 in excess thereof. More than one Borrowing may be incurred on any date, provided that at no time shall there be outstanding more than ten (10) SOFR Borrowings under this Agreement. Each Committed Loan Notice shall specify (1) the requested date of the Borrowing (which shall be a Business Day), (2) the principal amount of Revolving Loans to be borrowed, (3) the Type of Revolving Loans to be borrowed and (4) if applicable, the duration of the Interest Period with respect thereto. If the Borrower fails to specify a Type of Revolving Loan in a Committed Loan Notice, then in the case of Revolving Loans, the applicable Revolving Loans shall be made as Base Rate Loans. If the Borrower requests a Borrowing of SOFR Loans in any such Committed Loan Notice, but fails to specify an Interest Period for such SOFR Loans, the Borrower will be deemed to have specified an Interest Period of one month.

Appears in 2 contracts

Samples: Credit Agreement (Allegro Microsystems, Inc.), Credit Agreement (Allegro Microsystems, Inc.)

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Borrowing Mechanics for Revolving Loans. (i) Subject to Section 4.01(a)(i) in the case of Borrowings of Revolving Loans on the Closing Date only and Section 4.02(c) in the case of Borrowings each other Borrowing of Revolving Loans, each Borrowing of Revolving Loans shall be made upon the Borrower’s irrevocable notice to the Administrative Agent, which may only be given in writingwriting (each request for a Swing Line Loan Borrowing shall be made in accordance with Section 2.03). Each such notice must be received by the Administrative Agent not later than (A) 1:00 p.m. three Business Days prior to the requested date of any Borrowing of SOFR Eurodollar Rate Loans, and (B) 12:00 noon on one Business Day prior to the requested date of any Borrowing of Base Rate Loans. Each notice by the Borrower pursuant to this Section 2.02(b) must be delivered to the Administrative Agent in the form of a Committed Loan Notice, appropriately completed and signed by a Responsible Officer of the Borrower. Each Borrowing of SOFR Eurodollar Rate Loans shall be in a principal amount of $500,000 or a whole multiple of $100,000 in excess thereof in the case of SOFR Eurodollar Rate Loans. Each Borrowing of Base Rate Loans shall be in a principal amount of $500,000 or a whole multiple of $100,000 in excess thereof. More than one Borrowing may be incurred on any date, provided that at no time shall there be outstanding more than ten (10) SOFR Borrowings under this Agreement. Each Committed Loan Notice shall specify (1) the requested date of the Borrowing (which shall be a Business Day), (2) the principal amount of Revolving Loans to be borrowed, (3) the Type of Revolving Loans to be borrowed and (4) if applicable, the duration of the Interest Period with respect thereto. Each Swing Line Loan shall be denominated in Dollars and constitute a Base Rate Loan. If the Borrower fails to specify a Type of Revolving Loan in a Committed Loan Notice, then in the case of Revolving Loans, the applicable Revolving Loans shall be made as Base Rate Loans. If the Borrower requests a Borrowing of SOFR Eurodollar Rate Loans in any such Committed Loan Notice, but fails to specify an Interest Period for such SOFR Eurodollar Rate Loans, the Borrower will be deemed to have specified an Interest Period of one month.

Appears in 2 contracts

Samples: First Lien Credit Agreement (WCG Clinical, Inc.), First Lien Credit Agreement (WCG Clinical, Inc.)

Borrowing Mechanics for Revolving Loans. (i) Subject to Section 4.02(c) in the case of Borrowings of Revolving Loans, each Each Borrowing of Revolving Loans shall be made upon the Borrower’s irrevocable notice to the Administrative Agent, which may only be given in writingwriting (each request for a Swing Line Loan Borrowing shall be made in accordance with section 2.03). Each such notice must be received by the Administrative Agent not later than 12:00 noon (ANew York City time) 1:00 p.m. (i) three (3) Business Days prior to the requested date of any Borrowing of SOFR Eurodollar Rate Loans, and (Bii) 12:00 noon on one (1) Business Day before the requested date of any Borrowing of Base Rate Loans. Each notice by the Borrower pursuant to this Section 2.02(b) must be delivered to the Administrative Agent in the form of a Committed Loan Notice, appropriately completed and signed by a Responsible Officer of the Borrower. Each Borrowing of SOFR Eurodollar Rate Loans shall be in a principal amount of $500,000 or a whole multiple of $100,000 in excess thereof in the case of SOFR Loansthereof. Each Borrowing of Base Rate Loans shall be in a principal amount of $500,000 or a whole multiple of $100,000 in excess thereof. More than one Borrowing may be incurred on any date, provided that at no time shall there be outstanding more than ten (10) SOFR Borrowings under this Agreement. Each Committed Loan Notice shall specify (1i) that the Borrower is requesting a Revolving Loan Borrowing, (ii) the requested date of the Borrowing (which shall be a Business Day), (2iii) the principal amount of Revolving Loans to be borrowed, (3iv) the Type of Revolving Loans to be borrowed and (4v) if applicable, the duration of the Interest Period with respect thereto. Each Swing Line Loan shall be a Base Rate Loan. If the Borrower fails to specify a Type of Revolving Loan in a Committed Loan Notice, then in the case of Revolving Loans, the applicable Revolving Loans shall be made as Base Rate Loans. If the Borrower requests a Borrowing of SOFR Loans in any such Committed Loan Notice, but fails to specify an Interest Period for such SOFR Loans, the Borrower will be deemed to have specified an Interest Period of one month.in

Appears in 1 contract

Samples: First Lien Credit Agreement (Advantage Solutions Inc.)

Borrowing Mechanics for Revolving Loans. (i) Subject to Section 4.02(c4.01(a)(i) in the case of Borrowings of Revolving Loans on the Closing Date only and Section 4.03(c) in the case of each other Borrowing of Revolving Loans, each Borrowing of Revolving Loans shall be made upon the Borrower’s U.S. Borrower irrevocable notice to the Administrative Agent, which may only be given in writingwriting (each request for a Swing Line Loan Borrowing shall be made in accordance with Section 2.03). Each such notice must be received by the Administrative Agent not later than (A) 1:00 p.m. (New York City time) three Business Days prior to the requested date of any Borrowing of SOFR Eurodollar Rate Loans, and (B) 12:00 noon 11:00 a.m. (New York City time) on the requested date of any Borrowing of Base Rate Loans. Each notice by the U.S. Borrower pursuant to this Section 2.02(b) must be delivered to the Administrative Agent in the form of a Committed Loan Notice, appropriately completed and signed by a Responsible Officer of the U.S. Borrower. Each Borrowing of SOFR Eurodollar Rate Loans shall be in a principal amount of (A) $500,000 or a whole multiple of $100,000 in excess thereof in the case of Eurodollar Rate Loans denominated in Dollars, (B) £500,000 or a whole multiple of £100,000 in excess thereof in the case of Eurodollar Rate Loans denominated in Sterling, (C) €500,000 or a whole multiple of €100,000 in excess thereof in the case of Eurodollar Rate Loans denominated in Euros and (D) a Dollar Amount of $500,000 or a whole multiple of $100,000 in excess thereof in the case of SOFR LoansEurodollar Rate Loans denominated in an Alternative Currency other than Sterling or Euros. Each Borrowing of Base Rate Loans shall be in a principal amount of $500,000 or a whole multiple of $100,000 in excess thereof. More than one Borrowing may be incurred on any date, provided that at no time shall there be outstanding more than ten (10) SOFR Borrowings under this Agreement. Each Committed Loan Notice shall specify (1) that the U.S. Borrower is requesting a Revolving Loan Borrowing, (2) the requested date of the Borrowing (which shall be a Business Day), (23) the principal amount of Revolving Loans to be borrowed, (34) the Type of Revolving Loans to be borrowed and (45) if applicable, the duration of the Interest Period with respect thereto. Each Swing Line Loan shall be a Base Rate Loan. If the U.S. Borrower fails to specify a Type of Revolving Loan in a Committed Loan Notice, then (x) in the case of Revolving LoansLoans denominated in Dollars, the applicable Revolving Loans shall be made as Base Rate LoansLoans and (y) in the case of Revolving Loans denominated in an Alternative Currency, the applicable Revolving Loans shall be made as Eurodollar Rate Loans with an Interest Period of one month. If the U.S. Borrower requests a Borrowing of SOFR Eurodollar Rate Loans in any such Committed Loan Notice, but fails to specify an Interest Period for such SOFR Eurodollar Rate Loans, the U.S. Borrower will be deemed to have specified an Interest Period of one month.

Appears in 1 contract

Samples: Credit Agreement

Borrowing Mechanics for Revolving Loans. (i) Subject to Section 4.01(a)(i) in the case of Borrowings of Revolving Loans on the Closing Date only and Section 4.02(c) in the case of Borrowings each other Borrowing of Revolving Loans, each Borrowing of Revolving Loans shall be made upon the Borrower’s irrevocable notice to the Administrative Agent, which may only be given in writingwriting (each request for a Swing Line Loan Borrowing shall be made in accordance with Section 2.03). Each such notice must be received by the Administrative Agent not later than (A) 1:00 1:30 p.m. (New York City time) three Business Days prior to the requested date of any Borrowing of SOFR Term Benchmark Loans, and (B) 12:00 noon 1:00 p.m. (New York City time) on the requested date of 95 any Borrowing of Base Rate Loans; provided, that such notices may be conditioned on the occurrence of the Closing Date, the commercially reasonable efforts of the Borrower to deliver a Borrowing Base Certificate or, with respect to any Incremental Facility, the occurrence of any transaction anticipated to occur in connection with such Incremental Facility; provided, further, that if the Borrower wishes to request Term Benchmark Loans denominated in Dollars having an Interest Period other than one, three or six months in duration as provided in the definition of “Interest Period,” the applicable notice must be received by the Administrative Agent not later than 11:00 a.m. four Business Days prior to the requested date of such Borrowing, conversion or continuation, whereupon the Administrative Agent shall give prompt notice to the Appropriate Lenders of such request and determine whether the requested Interest Period is acceptable to all of them. Not later than 11:00 a.m., three Business Days before the requested date of such Borrowing, conversion or continuation, the Administrative Agent shall notify the Borrower (which notice may be by telephone) whether or not the requested Interest Period has been consented to by all the Lenders. Each notice by the Borrower pursuant to this Section 2.02(b2.01(b) must be delivered to the Administrative Agent in the form of a Committed Loan Notice, appropriately completed and signed by a Responsible Officer of the Borrower. Each Borrowing of SOFR Term Benchmark Loans shall be in a principal amount of (A) $500,000 or a whole multiple of $100,000 in excess thereof in the case of Term Benchmark Loans denominated in Dollars, (B) [reserved] and (C) a Dollar Amount of $500,000 or a whole multiple of $100,000 in excess thereof in the case of SOFR LoansTerm Benchmark Loans denominated in any Alternative Currency. Each Borrowing of Base Rate Loans shall be in a principal amount of $500,000 or a whole multiple of $100,000 in excess thereof. More than one Borrowing may be incurred on any date, provided that at no time shall there be outstanding more than ten (10) SOFR Borrowings under this Agreement. Each Committed Loan Notice shall specify (1) that the Borrower is requesting a Revolving Loan Borrowing, (2) the requested date of the Borrowing (which shall be a Business Day), (23) the principal amount of Revolving Loans to be borrowed, (34) the Type of Revolving Loans to be borrowed borrowed, (5) with respect to any Term Benchmark Loan, the currency of the Revolving Loan, which shall be Dollars or an Alternative Currency; provided that the Borrower shall deliver to the Administrative Agent any request for designation of an Alternative Currency in accordance with Section 11.02, to be received by the Administrative Agent no later than 11:00 a.m. (New York City time) at least 15 Business Days in advance of the date of any Borrowing hereunder proposed to be made in such Alternative Currency (or such other time or date as may be agreed by the Administrative Agent and, in the case of any such request pertaining to Letters of Credit, the applicable Issuing Bank(s), in its or their sole discretion) and (46) if applicable, the duration of the Interest Period with respect thereto. Each Swing Line Loan shall be a Base Rate Loan. If the Borrower fails to specify a Type of Revolving Loan in a Committed Loan Notice, then (x) in the case of Revolving LoansLoans denominated in Dollars, the applicable Revolving Loans shall be made as Base Rate LoansLoans and (y) in the case of Revolving Loans denominated in an Alternative Currency, the applicable Revolving Loans shall be made as Term Benchmark Loans with an Interest Period of one month. If the Borrower requests a Borrowing of SOFR Term Benchmark Loans in any such Committed Loan Notice, but fails to specify an Interest Period for such SOFR Term Benchmark Loans, the Borrower will be deemed to have specified an Interest Period of one month.

Appears in 1 contract

Samples: Abl Revolving Credit Agreement (Petco Health & Wellness Company, Inc.)

Borrowing Mechanics for Revolving Loans. (i) Except pursuant to Section 2.4(d), Revolving Loans that are Base Rate Loans shall be made in an aggregate minimum amount of $5,000,000 and integral multiples of $1,000,000 in excess of that amount, Revolving Loans that are Eurodollar Rate Loans shall be in an aggregate minimum amount of $5,000,000 and integral multiples of $1,000,000 in excess of that amount. (ii) Subject to Section 4.02(c3.3(b), whenever Borrower desires that Lenders make Revolving Loans, Borrower shall deliver to Administrative Agent a fully executed and delivered Funding Notice no later than 1:00 p.m. (New York City time) at least three Business Days in advance of the proposed Credit Date in the case of Borrowings a Eurodollar Rate Loan and at least one Business Day in advance of the proposed Credit Date in the case of a Revolving Loan that is a Base Rate Loan. (iii) Notice of receipt of each Funding Notice in respect of Revolving Loans, together with the amount of each Borrowing of Revolving Loans Lender’s Pro Rata Share thereof, if any, together with the applicable interest rate, shall be made upon provided by Administrative Agent to each applicable Lender by telefacsimile with reasonable promptness, but (provided Administrative Agent shall have received such notice by 1:00 p.m. (New York City time)) not later than 2:00 p.m. (New York City time) on the Borrower’s irrevocable notice to the same day as Administrative Agent, which may only be given in writing’s receipt of such Notice from Borrower. (iv) Each such notice must be received by Lender shall make the amount of its Revolving Loan available to Administrative Agent not later than 12:00 p.m. (ANew York City time) 1:00 p.m. three Business Days prior on the applicable Credit Date by wire transfer of same day funds in Dollars, at the Principal Office designated by Administrative Agent. Except as provided herein, upon satisfaction or waiver of the conditions precedent specified herein, Administrative Agent shall make the proceeds of such Revolving Loans available to Borrower on the applicable Credit Date by causing an amount of same day funds in Dollars, equal to the requested date proceeds of any Borrowing of SOFR Loans, and (B) 12:00 noon on the requested date of any Borrowing of Base Rate Loans. Each notice all such Revolving Loans received by the Borrower pursuant Administrative Agent from Lenders to this Section 2.02(b) must be delivered credited to the account of Borrower at the Principal Office designated by Administrative Agent or such other account as may be designated in the form of a Committed Loan Notice, appropriately completed and signed writing to Administrative Agent by a Responsible Officer of the Borrower. Each Borrowing of SOFR Loans shall be in a principal amount of $500,000 or a whole multiple of $100,000 in excess thereof in the case of SOFR Loans. Each Borrowing of Base Rate Loans shall be in a principal amount of $500,000 or a whole multiple of $100,000 in excess thereof. More than one Borrowing may be incurred on any date, provided that at no time shall there be outstanding more than ten (10) SOFR Borrowings under this Agreement. Each Committed Loan Notice shall specify (1) the requested date of the Borrowing (which shall be a Business Day), (2) the principal amount of Revolving Loans to be borrowed, (3) the Type of Revolving Loans to be borrowed and (4) if applicable, the duration of the Interest Period with respect thereto. If the Borrower fails to specify a Type of Revolving Loan in a Committed Loan Notice, then in the case of Revolving Loans, the applicable Revolving Loans shall be made as Base Rate Loans. If the Borrower requests a Borrowing of SOFR Loans in any such Committed Loan Notice, but fails to specify an Interest Period for such SOFR Loans, the Borrower will be deemed to have specified an Interest Period of one month.- 58 -

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Valeant Pharmaceuticals International, Inc.)

Borrowing Mechanics for Revolving Loans. (i) Except pursuant to Section 2.03(4), Revolving Loans that are Base Rate Loans shall be made in an aggregate minimum amount of $500,000 and integral multiples of $100,000 in excess of that amount, and Revolving Loans that are Eurodollar RateTerm Benchmark Loans shall be in an aggregate minimum amount of $500,000 and integral multiples of $100,000 in excess of that amount; provided that such Revolving Loans may be in an aggregate amount that is equal to the entire unused balance of the Maximum Credit or that is required to finance the reimbursement of a drawing under a Letter of Credit as contemplated by Section 2.03(4). (ii) Subject to Section 4.02(c4.02, whenever Borrower desires that Lenders make Revolving Loans, Borrower shall deliver to Administrative Agent a fully executed and delivered Funding Notice no later than 11:00 a.m. (New York City time) at least three Business Days in advance of the proposed Credit Date in the case of a Eurodollar RateTerm Benchmark Loan, and no later than 12:00 p.m. (New York City time) at least one Business Day in advance of the proposed Credit Date in the case of a Revolving Loan that is a Base Rate Loan; provided that, if such Credit Date is the Closing Date, such Funding Notice may be delivered on the Closing Date with respect to Base Rate Loans and such period shorter than three Business Days as may be agreed by all Lenders with respect to Eurodollar RateTerm Benchmark Loans. Except as otherwise provided herein, a Funding Notice for a Revolving Loan that is a Eurodollar RateTerm Benchmark 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. (iii) Notice of receipt of each Funding Notice in respect of Revolving 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 Administrative Agent to each applicable Lender with reasonable promptness, but (provided Administrative Agent shall have received such notice by 11:00 a.m. (New York City time) in the case of Borrowings of Revolving Loans, each Borrowing of Revolving Loans shall be made upon the Borrower’s irrevocable notice to the Administrative Agent, which may only be given in writing. Each such notice must be received by the Administrative Agent not later than (A) 1:00 p.m. three Business Days prior to the requested date of any Borrowing of SOFR Loans, and (B) 12:00 noon on the requested date of any Borrowing of Base a EurodollarTerm Benchmark Rate Loans. Each notice by the Borrower pursuant to this Section 2.02(b) must be delivered to the Administrative Agent in the form of a Committed Loan Notice, appropriately completed and signed by a Responsible Officer of the Borrower. Each Borrowing of SOFR Loans shall be in a principal amount of $500,000 or a whole multiple of $100,000 in excess thereof in the case of SOFR Loans. Each Borrowing of Base Rate Loans shall be in a principal amount of $500,000 or a whole multiple of $100,000 in excess thereof. More than one Borrowing may be incurred on any date, provided that at no time shall there be outstanding more than ten (10) SOFR Borrowings under this Agreement. Each Committed Loan Notice shall specify (1) the requested date of the Borrowing (which shall be a Business Day), (2) the principal amount of Revolving Loans to be borrowed, (3) the Type of Revolving Loans to be borrowed and (4) if applicable, the duration of the Interest Period with respect thereto. If the Borrower fails to specify a Type of Revolving Loan in a Committed Loan Notice, then in the case of Revolving Loans, the applicable Revolving Loans shall be made as Base Rate Loans. If the Borrower requests a Borrowing of SOFR Loans in any such Committed Loan Notice, but fails to specify an Interest Period for such SOFR Loans, the Borrower will be deemed to have specified an Interest Period of one month.112 US-DOCS\124480978.17139630401.7

Appears in 1 contract

Samples: Credit Agreement (United States Steel Corp)

Borrowing Mechanics for Revolving Loans. (i) Subject to Section 4.01(a)(i) in the case of Borrowings of Revolving Loans on the Closing Date only and Section 4.02(c) in the case of Borrowings each other Borrowing of Revolving Loans, each Borrowing of Revolving Loans shall be made upon the US Borrower’s irrevocable notice to the Administrative Agent, which may only be given in writingwriting (each request for a Swing Line Loan Borrowing shall be made in accordance with Section 2.03). Each such notice must be received by the Administrative Agent not later than (A) 1:00 p.m. three Business Days prior to the requested date of any Borrowing of SOFR Eurodollar Rate Loans or CDOR Rate Loans, and (B) 12:00 noon on 1:00 p.m one Business Day prior to the requested date of any Borrowing of Base Rate Loans or Canadian Prime Rate Loans. Each notice by the US Borrower pursuant to this Section 2.02(b) must be delivered to the Administrative Agent in the form of a Committed Loan Notice, appropriately completed and signed by a Responsible Officer of the US Borrower. Each Borrowing of SOFR Eurodollar Rate Loans shall be in a principal amount of $500,000 or a whole multiple of $100,000 in excess thereof thereof. Each Borrowing of CDOR Rate Loans shall be in the case a principal amount of SOFR LoansCdn.$500,000 or a whole multiple of Cdn.$100,000 in excess thereof. Each Borrowing of Base Rate Loans shall be in a principal amount of $500,000 or a whole multiple of $100,000 in excess thereof. More than one Each Borrowing may of Canadian Prime Rate Loans shall be incurred on any date, provided that at no time shall there be outstanding more than ten (10) SOFR Borrowings under this Agreementin a principal amount of Cdn.$500,000 or a whole multiple of Cdn.$100,000 in excess thereof. Each Committed Loan Notice shall specify (1) the requested date of the Borrowing (which shall be a Business Day), (2) the principal amount and currency of Revolving Loans to be borrowed, (3) the Type of Revolving Loans to be borrowed and (4) if applicable, the duration of the Interest Period with respect thereto. Each Swing Line Loan shall be denominated in Dollars or Canadian Dollars and constitute a Base Rate Loan or Canadian Prime Rate Loan, as applicable. If the US Borrower fails to specify a Type of Revolving Loan in a Committed Loan Notice, then in the case of Revolving Loans, the applicable Revolving Loans shall be made as Base Rate Loans or Canadian Prime Rate Loans, as applicable. If the US Borrower fails to specify a currency in a Committed Loan Notice, then the US Borrower shall be deemed to have selected Dollars. If the US Borrower requests a Borrowing of SOFR Eurodollar Rate Loans or CDOR Rate Loans in any such Committed Loan Notice, but fails to specify an Interest Period for such SOFR Eurodollar Rate Loans or CDOR Rate Loans, the US Borrower will be deemed to have specified an Interest Period of one month.

Appears in 1 contract

Samples: Credit Agreement (Savers Value Village, Inc.)

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Borrowing Mechanics for Revolving Loans. (i) Subject Each Borrowing (other than any Borrowing of Swing Line Loans or Protective Advances) shall be made on notice given by the Borrower to Section 4.02(cthe Administrative Agent (which may be given by electronic mail, including with electronic signature thereto) not later than noon (New York time) (A) on the date of proposed Borrowing, in the case of Borrowings of Revolving Loans, each a Borrowing of Revolving Loans shall be made upon the Borrower’s irrevocable notice to the Administrative Agent, which may only be given in writing. Each such notice must be received by the Administrative Agent not later than (A) 1:00 p.m. three Business Days prior to the requested date of any Borrowing of SOFR Base Rate Loans, and (B) 12:00 noon on three Business Days, in the requested case of a Borrowing of Eurodollar Rate Loans, prior to the date of the proposed Borrowing. Each such notice shall be in substantially the form of Exhibit A-1 (the “Funding Notice”), specifying (1) the date of such proposed Borrowing, (2) the aggregate amount of such proposed Borrowing, (3) whether any portion of the proposed Borrowing will be of Base Rate Loans or Eurodollar Rate Loans, (4) for each Eurodollar Rate Loan, the initial Interest Period or Periods thereof and (5) the Excess Availability (after giving effect to the proposed Borrowing). The Revolving Loans shall be made as Base Rate Loans unless, subject to Sections 2.17 and 2.18, the Funding Notice specifies that all or a portion thereof shall be Eurodollar Rate Loans. Notwithstanding anything to the contrary contained in Section 2.2 (a), if any Funding Notice requests a Borrowing of Base Rate Loans. Each notice by the Borrower pursuant to this Section 2.02(b) must be delivered to , the Administrative Agent may make a Swing Line Loan available to the Borrower in an aggregate amount not to exceed such proposed Borrowing, and the form of a Committed Loan Notice, appropriately completed and signed by a Responsible Officer aggregate amount of the Borrowercorresponding proposed Borrowing shall be reduced accordingly by the principal amount of such Swing Line Loan. Each Borrowing of SOFR Eurodollar Rate Loans shall be in a principal an aggregate amount of not less than $500,000 5,000,000 or a whole an integral multiple of $100,000 1,000,000 in excess thereof thereof. Except as provided in Sections 2.2 and 2.3 and except for Protective Advances which shall be made in the case of SOFR Loans. Each amounts required by Section 2.1(c), each Borrowing of Base Rate Loans shall be in a principal an aggregate amount of not less than $1,000,000 or an integral multiple of $500,000 or a whole multiple of $100,000 in excess thereof. More than one Borrowing may be incurred on any date, provided that at no time shall there be outstanding more than ten (10) SOFR Borrowings under this Agreement. Each Committed Loan Notice shall specify (1) the requested date of the Borrowing (which shall be a Business Day), (2) the principal amount of Revolving Loans to be borrowed, (3) the Type of Revolving Loans to be borrowed and (4) if applicable, the duration of the Interest Period with respect thereto. If the Borrower fails to specify a Type of Revolving Loan in a Committed Loan Notice, then in the case of Revolving Loans, the applicable Revolving Loans shall be made as Base Rate Loans. If the Borrower requests a Borrowing of SOFR Loans in any such Committed Loan Notice, but fails to specify an Interest Period for such SOFR Loans, the Borrower will be deemed to have specified an Interest Period of one month.

Appears in 1 contract

Samples: Revolving Credit Agreement (Source Interlink Companies Inc)

Borrowing Mechanics for Revolving Loans. (i) Subject to Section 4.02(c) in the case of Borrowings of Revolving Loans, each Borrowing of Class A Revolving Loans shall be made upon the Borrower’s irrevocable notice to the Administrative Agent, which may only be given in writing. Each such notice must be received by the Administrative Agent not later than an aggregate minimum amount of Two Hundred and Fifty Thousand Dollars (A) 1:00 p.m. three Business Days prior to the requested date of any Borrowing of SOFR Loans$250,000), and (B) 12:00 noon on the requested date of any Borrowing of Base Rate Loans. Each notice by the Borrower pursuant to this Section 2.02(b) must be delivered to the Administrative Agent in the form of a Committed Loan Notice, appropriately completed and signed by a Responsible Officer of the Borrower. Each Borrowing of SOFR Loans shall be in a principal amount of $500,000 or a whole multiple of $100,000 in excess thereof in the case of SOFR Loans. Each Borrowing of Base Rate Loans shall be in a principal amount of $500,000 or a whole multiple of $100,000 in excess thereof. More than one Borrowing may be incurred on any date, provided that at no time shall there be outstanding more than ten (10) SOFR Borrowings under this Agreement. Each Committed Loan Notice shall specify (1) the requested date of the Borrowing (which shall be a Business Day), (2) the principal amount of Revolving Loans to be borrowed, (3) the Type of Revolving Loans to be borrowed and (4) if applicable, the duration of the Interest Period with respect thereto. If the Borrower fails to specify a Type of Revolving Loan in a Committed Loan Notice, then in the case of Revolving Loans, the applicable Class B Revolving Loans shall be made as Base Rate Loansin an aggregate minimum amount of Fifty Thousand Dollars ($50,000). If (ii) Whenever the Borrower requests a Borrowing of SOFR Loans in any such Committed Loan Notice, but fails to specify an Interest Period for such SOFR desires that the Lenders make Revolving Loans, the Borrower will shall deliver to the Facility Agent and the Class A Revolving Lenders, in the case of a Class A Revolving Loan, and the Class B Agent, in the case of a Class B Revolving Loan, a fully executed and delivered Funding Notice in accordance with Exhibit A-1 not later than 11:00 a.m. (New York Time) one (1) Business Day prior to the proposed Credit Date; provided that, in the case of a Class B Revolving Lender, such Credit Date shall not be deemed the first Business Day in any calendar week. Each Funding Notice shall be delivered with a Borrowing Base Report and Certificate reflecting sufficient Class A Revolving Availability and Class B Revolving Availability, as applicable, for the requested Revolving Loans and a Compliance Certificate. (iii) Notwithstanding anything herein to have specified the contrary, a Class A Revolving Lender shall not be obligated to fund any Class A Revolving Loan at any time if, after giving effect to such Class A Revolving Loan, the aggregate outstanding Class A Revolving Loans funded by such Class A Revolving Lender hereunder would exceed an Interest Period amount equal to such Class A Revolving Lender’s Class A Revolving Committed Maximum Amount or Class A Revolving Conduit Maximum Amount, as applicable. (iv) The Borrower hereby directs each Lender to, and each Lender shall, make the amount of one month.its Revolving Loan available to the Borrower not later than 3:00 p.m. (New York Time) by wire transfer of same day funds in Dollars to the Collections Account. (e) Class A Revolving

Appears in 1 contract

Samples: Credit Agreement (CURO Group Holdings Corp.)

Borrowing Mechanics for Revolving Loans. (i) Subject to Section 4.01(a)(i) in the case of Borrowings of Revolving Loans on the Closing Date and Section 4.02(c) in the case of Borrowings each other Borrowing of Revolving Loans, each Borrowing of Revolving Loans shall be made upon the Borrower’s irrevocable notice to the Administrative Agent, which may only be given in writing. Each such notice must be received by the Administrative Agent not later than (A) 1:00 p.m. three Business Days prior to the requested date of any Borrowing of SOFR Benchmark Rate Loans, and (B) 12:00 noon on the requested date of any Borrowing of Base Rate Loans. Each notice by the Borrower pursuant to this Section 2.02(b) must be delivered to the Administrative Agent in the form of a Committed Loan Notice, appropriately completed and signed by a Responsible Officer of the Borrower. Each Borrowing of SOFR Benchmark Rate Loans shall be in a principal amount of $500,000 or a whole multiple of $100,000 in excess thereof in the case of SOFR Benchmark Rate Loans. Each Borrowing of Base Rate Loans shall be in a principal amount of $500,000 or a whole multiple of $100,000 in excess thereof. More than one Borrowing may be incurred on any date, provided that at no time shall there be outstanding more than ten (10) SOFR Borrowings under this Agreement. Each Committed Loan Notice shall specify (1) the requested date of the Borrowing (which shall be a Business Day), (2) the principal amount of Revolving Loans to be borrowed, (3) the Type of Revolving Loans to be borrowed and (4) if applicable, the duration of the Interest Period with respect thereto. If the Borrower fails to specify a Type of Revolving Loan in a Committed Loan Notice, then in the case of Revolving Loans, the applicable Revolving Loans shall be made as Base Rate Loans. If the Borrower requests a Borrowing of SOFR Benchmark Rate Loans in any such Committed Loan Notice, but fails to specify an Interest Period for such SOFR Benchmark Rate Loans, the Borrower will be deemed to have specified an Interest Period of one month.

Appears in 1 contract

Samples: Credit Agreement (Ironwood Pharmaceuticals Inc)

Borrowing Mechanics for Revolving Loans. (i) Subject to Section 4.02(c) in the case of Borrowings of Revolving Loans, each Borrowing of Revolving Loans shall be made upon the Borrower’s irrevocable notice to the Administrative Agent, which may only be given in writing. Each such notice must be received by the Administrative Agent not later on any Funding Date (other than (A) 1:00 p.m. three Business Days prior to the requested date of any Borrowing of SOFR Loans, and (B) 12:00 noon on the requested date of any Borrowing of Base Rate Loans. Each notice by the Borrower Revolving Loans made pursuant to this Section 2.02(ba request by Swing Line Lender pursuant to subsection 2.1A(iii) must be delivered for the purpose of repaying any Refunded Swing Line Loans or Revolving Loans made pursuant to subsection 3.3B for the Administrative Agent in purpose of reimbursing any Issuing Lender for the form amount of a Committed Loan Notice, appropriately completed and signed drawing under a Letter of Credit issued by a Responsible Officer of the Borrower. Each Borrowing of SOFR Loans it) shall be in a principal an aggregate minimum amount of $500,000 or a whole multiple and integral multiples of $100,000 in excess thereof in the case of SOFR Loans. Each Borrowing of Base that amount; provided that Revolving Loans made on any Funding Date as Eurodollar Rate Loans with a particular Interest Period shall be in a principal an aggregate minimum amount of $500,000 or a whole multiple 1,000,000 and integral multiples of $100,000 in excess thereofof that amount. More than one Borrowing may be incurred Swing Line Loans made on any dateFunding Date shall be in an aggregate minimum amount of $100,000 and integral multiples of $100,000 in excess of that amount. Whenever Company desires that Lenders make Revolving Loans it shall deliver to Administrative Agent a Notice of Borrowing no later than 12:00 Noon (New York City time) at least three Business Days in advance of the proposed Funding Date (in the case of a Eurodollar Rate Loan) or at least one Business Day in advance of the proposed Funding Date (in the case of a Base Rate Loan). Whenever Company desires that Swing Line Lender make a Swing Line Loan, provided that at it shall deliver to Administrative Agent a Notice of Borrowing no time shall there be outstanding more later than ten 12:00 Noon (10New York City time) SOFR Borrowings under this Agreementon the proposed Funding Date. Each Committed Loan The Notice of Borrowing shall specify (1i) the requested date of the Borrowing proposed Funding Date (which shall be a Business Day), (2ii) the principal amount and type of Revolving Loans to be borrowedrequested, (3iii) the Type of Revolving Loans to be borrowed and (4) if applicable, the duration of the Interest Period with respect thereto. If the Borrower fails to specify a Type of Revolving Loan in a Committed Loan Notice, then in the case of Swing Line Loans, that such Loans shall be Base Rate Loans, (iv) in the case of any Revolving Loans, the applicable Revolving whether such Loans shall be Base Rate Loans or Eurodollar Rate Loans, and (v) in the case of any Loans requested to be made as Base Eurodollar Rate Loans. If the Borrower requests a Borrowing of SOFR Loans in any such Committed Loan Notice, but fails to specify an Interest Period for such SOFR Loans, the Borrower will initial Interest Period requested therefor. Tranche A Term Loans and Revolving Loans may be deemed continued as or converted into Base Rate Loans and Eurodollar Rate Loans in the manner provided in subsection 2.2D. In lieu of delivering the above-described Notice of Borrowing, Company may give Administrative Agent telephonic notice by the required time of any proposed borrowing under this subsection 2.1B; provided that such notice shall be promptly confirmed in writing by delivery of a Notice of Borrowing to Administrative Agent on or before the applicable Funding Date. Neither Administrative Agent nor any Lender shall incur any liability to Company in acting upon any telephonic notice referred to above that Administrative Agent believes in good faith to have specified an been given by a duly authorized officer or other person authorized to borrow on behalf of Company or for otherwise acting in good faith under this subsection 2.1B, and upon funding of Loans by Lenders in accordance with this Agreement pursuant to any such telephonic notice Company shall have effected Loans hereunder. Company shall notify Administrative Agent prior to the funding of any Loans in the event that any of the matters to which Company is required to certify in the applicable Notice of Borrowing is no longer true and correct as of the applicable Funding Date, and the acceptance by Company of the proceeds of any Loans shall constitute a re-certification by Company, as of the applicable Funding Date, as to the matters to which Company is required to certify in the applicable Notice of Borrowing. Except as otherwise provided in subsections 2.6B, 2.6C and 2.6G, a Notice of Borrowing for a Eurodollar Rate Loan (or telephonic notice in lieu thereof) shall be irrevocable on and after the related Interest Period of one monthRate Determination Date, and Company shall be bound to make a borrowing in accordance therewith.

Appears in 1 contract

Samples: Credit Agreement (Sealy Corp)

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