Common use of Borrowing Mechanics for Term Loans Clause in Contracts

Borrowing Mechanics for Term Loans. (i) Borrower shall deliver to Administrative Agent a fully executed Funding Notice no later than (x) one Business Day prior to the Closing Date for Base Rate Loans, and (y) three Business Days prior to the Closing Date for Eurodollar Rate Loans. Promptly upon receipt by Administrative Agent of such Funding Notice, Administrative Agent shall notify each Lender of the proposed borrowing. (ii) Each Lender shall make its Term Loan (and not its Converted Term Loan), as the case may be, available to Administrative Agent not later than 12:00 p.m. (New York City time) on the Closing Date, by wire transfer of same day funds in Dollars, at Administrative Agent's Principal Office. Upon satisfaction or waiver of the conditions precedent specified herein, Administrative Agent shall make the proceeds of the Term Loans available to Borrower on the Closing Date by causing an amount of same day funds in Dollars equal to the proceeds of all such Loans received by Administrative Agent from Lenders to be credited to the account of Borrower at Administrative Agent's Principal Office or to such other account as may be designated in writing to Administrative Agent by Borrower.

Appears in 1 contract

Samples: Credit Agreement (Regal Entertainment Group)

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Borrowing Mechanics for Term Loans. (i) Borrower shall deliver to Administrative Agent a fully completed and executed Funding Notice no later than (x) three days prior to the Closing Date, in the case of a funding request that includes any Eurodollar Rate Borrowings, or one Business Day prior to the Closing Date for Base Rate LoansDate, and (y) three Business Days prior to the Closing Date for Eurodollar Rate Loansotherwise. Promptly upon receipt by Administrative Agent of such Funding Notice, Administrative Agent shall notify each Lender of the proposed borrowing. (ii) Each Lender shall make its the principal amount of the Term Loan (and not its Converted Term Loan), as the case may be, required to be made by it hereunder available to Administrative Agent not later than 12:00 p.m. (New York City time) on the Closing Date, by wire transfer of same day funds in Dollars, at to the account of Administrative Agent's Principal OfficeAgent most recently designated by Administrative Agent for such purpose by notice to the Lenders. Upon satisfaction or waiver of the conditions precedent specified herein, Administrative Agent shall thereupon make the proceeds of the Term Loans available to Borrower on the Closing Date by causing an amount of same day funds in Dollars equal to the proceeds of all such Loans received by Administrative Agent from Lenders to be credited to the account of Borrower at Administrative Agent's Principal Office or to such other account as may be designated in writing to Administrative Agent by BorrowerBorrower in the Funding Notice.

Appears in 1 contract

Samples: Credit and Guarantee Agreement (Griffon Corp)

Borrowing Mechanics for Term Loans. (i) Borrower Company shall deliver to Administrative Agent a fully executed Funding Notice no later than three Business Days (xor such shorter period as Administrative Agent may agree) one Business Day prior to the Closing Date for Base Rate Loans, and (y) three Business Days prior to the Closing Date for Eurodollar Rate LoansDate. Promptly upon receipt by Administrative Agent of such Funding Notice, Administrative Agent shall notify each Lender of the proposed borrowing. (ii) Each Lender shall make its Term Loan (and not its Converted Term Loan), as the case may be, available to Administrative Agent not later than 12:00 p.m. (New York City time) (or such later time as agreed to by Administrative Agent and each Lender) on the Closing Date, by wire transfer of same day funds in Dollars, at the Principal Office designated by Administrative Agent's Principal Office, or by such time and at such location as the Administrative Agent shall otherwise reasonably agree. Upon satisfaction or waiver of the conditions precedent specified herein, Administrative Agent shall make the proceeds of the Term Loans Loan available to Borrower Company on the Closing Date by causing an amount of same day funds in Dollars equal to the proceeds of all such Term Loans received by Administrative Agent from Lenders to be credited to the account of Borrower Company at Administrative Agent's the Principal Office designated by Administrative Agent or to such other account as may be designated in writing to Administrative Agent by BorrowerCompany.

Appears in 1 contract

Samples: First Lien Credit and Guaranty Agreement (X Rite Inc)

Borrowing Mechanics for Term Loans. (i) Borrower shall deliver have delivered to Administrative Agent a fully executed Funding Notice for the borrowing of the Term Loans no later than (x) one Business Day prior to the Closing Date for Base Rate Loans, and (y) three Business Days prior to the Closing Date for Eurodollar Rate Loans(or such shorter period as Administrative Agent may agree). Promptly upon receipt by Administrative Agent of such Funding Notice, Administrative Agent shall notify each Lender having a Term Loan Commitment of the proposed borrowing. (ii) Each Lender having a Term Loan Commitment shall make its Term Loan (and not its Converted Term Loan), as the case may be, available to Administrative Agent not later than 12:00 p.m. (New York City time) on the Closing Date, by wire transfer of same day funds in Dollars, at the Principal Office designated by Administrative Agent's Principal Office. Upon satisfaction or waiver of the conditions precedent specified herein, Administrative Agent shall make the net proceeds of the Term Loans available to Borrower on the Closing Date by causing an amount of same day funds in Dollars equal to the proceeds of all such Term Loans received by Administrative Agent from Lenders having a Term Loan Commitment to be credited to the account such accounts of Borrower at Administrative Agent's Principal Office or to such other account as may be designated in writing to Administrative Agent otherwise directed by Borrower.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Mills Corp)

Borrowing Mechanics for Term Loans. (i) Borrower Gathering shall deliver to Administrative Agent a fully executed Funding Notice no later than (x) one Business Day day prior to the Restatement Closing Date for Base Rate Loans, and (y) three Business Days prior to the Closing Date for Eurodollar Rate LoansDate. Promptly upon receipt by Administrative Agent of such Funding Notice, Administrative Agent shall notify each Lender of the proposed borrowing. (ii) Each Lender shall make its Series B Term Loan (and not its Converted Term Loan), as the case may be, available to Administrative Agent (or provide Administrative Agent with a Conversion Notice with respect to its Series A Term Loans in lieu of such requirement) not later than 12:00 p.m. (New York City time) on the Restatement Closing Date, by wire transfer of same day funds in Dollars, at the Principal office designated by Administrative Agent's Principal Office. Upon satisfaction or waiver of the conditions precedent specified herein, Administrative Agent shall make the proceeds of the Term Loans available to Borrower Borrowers on the Restatement Closing Date by causing an amount of same day funds in Dollars equal to the proceeds of all such Loans received by Administrative Agent from Lenders to be credited to the account of Borrower Gathering at Administrative Agent's the Principal Office designated by Administrative Agent or to such other account as may be designated in writing to Administrative Agent by BorrowerGathering.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Eagle Rock Energy Partners, L.P.)

Borrowing Mechanics for Term Loans. (i) Borrower shall deliver to Administrative Agent a fully executed Funding Notice no later than (x) one Business Day prior to the Closing Date for with respect to Base Rate Loans, Loans and (y) three Business Days (3) days prior to the Closing Date for with respect to Eurodollar Rate LoansLoans (or such shorter period as may be acceptable to Administrative Agent). Promptly upon receipt by Administrative Agent of such Funding Notice, Administrative Agent shall notify each Lender of the proposed borrowing. (ii) Each Lender shall make its Term Loan (and not its Converted Term Loan), as the case may be, available to Administrative Agent not later than 12:00 p.m. (New York City time) on the Closing Date, by wire transfer of same day funds in Dollars, at the Principal Office designated by Administrative Agent's Principal Office. Upon satisfaction or waiver of the conditions precedent specified herein, Administrative Agent shall make the proceeds of the Term Loans available to Borrower on the Closing Date by causing an amount of same day funds in Dollars equal to the proceeds of all such Loans received by Administrative Agent from Lenders to be credited to the account of Borrower at Administrative Agent's the Principal Office designated by Administrative Agent or to such other account as may be designated in writing to Administrative Agent by Borrower.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (American Casino & Entertainment Properties LLC)

Borrowing Mechanics for Term Loans. (i) Borrower shall will deliver to Administrative Agent a fully executed Funding Borrowing Notice no later than (x) one Business Day prior to the Closing Date for with respect to Base Rate Loans, Loans and (y) three (3) Business Days prior to the Closing Date for with respect to Eurodollar Rate LoansLoans (or such shorter period as may be acceptable to Administrative Agent). Promptly upon receipt by When Administrative Agent of such Funding receives this Borrowing Notice, Administrative Agent shall will promptly notify each Lender of the proposed borrowing. (ii) Each Lender shall will make its Term Loan (and not its Converted Term Loan), as the case may be, available to Administrative Agent not later than 12:00 p.m. (New York City time) on the Closing Date, Date by wire transfer of same day funds in Dollars, at the principal office designated by Administrative Agent's Principal Office. Upon satisfaction or waiver of the conditions precedent specified hereinin this Agreement, Administrative Agent shall will make the proceeds of the Term Loans available to Borrower on the Closing Date by causing an amount of same day funds in Dollars equal to the proceeds of all such Loans received by Administrative Agent from Lenders to be credited to the account of Borrower at Administrative Agent's the Principal Office designated by Administrative Agent or to such other account as may be designated in writing to Administrative Agent by Borrower.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Inovalon Holdings, Inc.)

Borrowing Mechanics for Term Loans. (ia) Borrower shall deliver to Administrative Agent a fully executed Funding Notice no later than (xi) one in the case of Base Rate Loans, 1 Business Day and (ii) in the case of Eurodollar Rate Loans, 3 Business Days, in each case, prior to the Closing Date for Base Rate Loans, and (y) three Business Days prior to the Closing Date for Eurodollar Rate LoansDate. Promptly upon receipt by Administrative Agent of such Funding Notice, Administrative Agent shall notify each Lender of the proposed borrowing. (iib) Each Lender shall make its Term Loan (and not its Converted Term Loan), as the case may be, available to Administrative Agent not later than 12:00 10:00 p.m. (New York City time) on the Closing Date, by wire transfer of same day funds in Dollars, at the Principal Office designated by Administrative Agent's Principal Office. Upon satisfaction or waiver of the conditions precedent specified herein, Administrative Agent shall make the proceeds of the Term Loans available to Borrower on the Closing Date by causing an amount of same day funds in Dollars equal to the proceeds of all such Term Loans received by Administrative Agent from Lenders to be credited to the account of Borrower at Administrative Agent's the Principal Office designated by Administrative Agent or to such other account as may be designated in writing to Administrative Agent by Borrower.

Appears in 1 contract

Samples: Term Loan and Guaranty Agreement (Fedders Corp /De)

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Borrowing Mechanics for Term Loans. (i) Borrower shall deliver to Administrative Agent a fully executed Funding Notice no later than (xi) one Business Day day prior to the Full Availability Closing Date for Base Rate Loans, and (yii) three Business Days days prior to the Full Availability Closing Date for Eurodollar Rate Loans. Promptly upon receipt by Administrative Agent of such Funding Notice, Administrative Agent shall notify each Lender of the proposed borrowing. (ii) Each Lender shall make its Term Loan (and not its Converted Term Loan), as the case may be, available to Administrative Agent not later than 12:00 p.m. (New York City time) on the Full Availability Closing Date, by wire transfer of same day funds in Dollars, at the Principal Office designated by Administrative Agent's Principal Office. Upon satisfaction or waiver of the conditions precedent specified herein, Administrative Agent shall make the proceeds of the Term Loans available to Borrower on the Full Availability Closing Date by causing an amount of same day funds in Dollars equal to the proceeds of all such Loans received by Administrative Agent from Lenders to be credited to the account of Borrower at Administrative Agent's the Principal Office designated by Administrative Agent or to such other account as may be designated in writing to Administrative Agent by Borrower.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Movie Gallery Inc)

Borrowing Mechanics for Term Loans. (i) Borrower shall deliver to Administrative Agent a fully executed Funding Notice no later than (x) one Business Day prior to the Closing Date for with respect to Base Rate Loans, Loans and (y) three Business Days prior to the Closing Date for with respect to Eurodollar Rate LoansLoans (or such shorter period as may be acceptable to Administrative Agent). Promptly upon receipt by Administrative Agent of such Funding Notice, Administrative Agent shall notify each Lender of the proposed borrowing. (ii) Each Lender shall make its Term Loan (and not its Converted Term Loan), as the case may be, available to Administrative Agent not later than 12:00 p.m. (New York City time) on the Closing Date, by wire transfer of same same-day funds in Dollars, at the principal office designated by Administrative Agent's Principal Office. Upon satisfaction or waiver of the conditions precedent specified herein, Administrative Agent shall make the proceeds of the Term Loans Loan available to Borrower on the Closing Date by causing an amount of same same-day funds in Dollars Dollars, equal to the proceeds of all such Loans received by Administrative Agent from Lenders Lenders, to be credited to the account of Borrower at Administrative Agent's the Principal Office designated by Administrative Agent or to such other account as may be designated in writing to Administrative Agent by Borrower.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (TerraForm Power, Inc.)

Borrowing Mechanics for Term Loans. (i) Borrower Company shall deliver to Administrative Agent a fully executed Funding Notice for the Term Loans no later than (x) three (3) Business Days prior to the Closing Date with respect to Eurodollar Rate Loans to be made on the Closing Date or (y) one (1) Business Day prior to the Closing Date for with respect to Base Rate Loans, and (y) three Business Days prior Loans to be made on the Closing Date for Eurodollar Rate LoansDate. Promptly upon receipt by Administrative Agent of such Funding Notice, Administrative Agent shall notify each Lender of the proposed borrowing. (ii) Each Lender shall make its Term Loan (and not its Converted Term Loan), as the case may be, available to Administrative Agent not later than 12:00 p.m. (New York City time) on the Closing Date, by wire transfer of same day funds in Dollars, at the Principal Office designated by Administrative Agent's Principal Office. Upon satisfaction or waiver of the conditions precedent specified herein, Administrative Agent shall make the proceeds of the Term Loans available to Borrower Company on the Closing Date by causing an amount of same day funds in Dollars equal to the proceeds of all such Term Loans received by Administrative Agent from Lenders to be credited to the account of Borrower Company at Administrative Agent's the Principal Office designated by Administrative Agent or to such other account as may be designated in writing to Administrative Agent by BorrowerCompany.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Services International LLC)

Borrowing Mechanics for Term Loans. (i) Borrower Company shall deliver to Administrative Agent a fully executed Funding Notice no later than 11:00 a.m. (xNew York City time) one Business Day on (A) in the case of Base Rate Loans, the day prior to the Closing Date for Base Rate and (B) in the case of Eurodollar Loans, and (y) three Business Days the third day prior to the Closing Date for Eurodollar Rate LoansDate. Promptly upon receipt by Administrative Agent of such Funding Noticecertificate, Administrative Agent shall notify each Lender of the proposed borrowing. (ii) Each Lender shall make its Term Loan (and not its Converted Term Loan), as the case may be, available to Administrative Agent not later than 12:00 p.m. (New York City time) on the Closing Date, by wire transfer of same day funds in Dollars, at Administrative Agent's Principal Office. Upon satisfaction or waiver of the conditions precedent specified herein, Administrative Agent shall make the proceeds of the Term Loans available to Borrower Company on the Closing Date by causing an amount of same day funds in Dollars equal to the proceeds of all such Loans received by Administrative Agent from Lenders to be credited to the account of Borrower Company at Administrative Agent's Principal Office or to such other account as may be designated in writing to Administrative Agent by BorrowerCompany.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Berry Plastics Corp)

Borrowing Mechanics for Term Loans. (i) Borrower Company shall deliver to Administrative Agent a fully executed Funding Notice Closing Date Certificate no later than (x) two Business Days prior to the Closing Date; provided that if the borrowings of the Term Loans on the Closing Date are Base Rate Loans, Company shall deliver a fully executed Closing Date Certificate no later than one Business Day prior to the Closing Date for Base Rate Loans, and (y) three Business Days prior to the Closing Date for Eurodollar Rate LoansDate. Promptly upon receipt by Administrative Agent of such Funding NoticeCertificate, Administrative Agent shall notify each Lender of the proposed borrowing. (ii) Each Lender shall make its Term Loan (and not its Converted Term Loan), as the case may be, available to Administrative Agent not later than 12:00 p.m. (New York City time) on the Closing Date, by wire transfer of same day funds in Dollars, at Administrative Agent's Principal Office. Upon satisfaction or waiver of the conditions precedent specified herein, Administrative Agent shall make the proceeds of the Term Loans available to Borrower Company on the Closing Date by causing an amount of same day funds in Dollars equal to the proceeds of all such Loans received by Administrative Agent from Lenders to be credited to the account of Borrower Company at Administrative Agent's Principal Office or to such other account as may be designated in writing to Administrative Agent by BorrowerCompany.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Connetics Corp)

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