Borrowing Mechanics. (1) LIBOR Loans made on any Funding Date shall be in an aggregate minimum amount of $500,000 and integral multiples of $100,000 in excess of such amount. (2) On any day when any Borrower desires an advance under this subsection 2.1, Borrower Representative shall give Lender telephonic notice of the proposed borrowing by 11:00 a.m. New York City time on the Funding Date of a Base Rate Loan and three (3) Business Days in advance of the Funding Date of a LIBOR Loan, which notice shall also specify the proposed Funding Date (which shall be a Business Day), whether such Loans shall consist of Base Rate Loans or LIBOR Loans, and for LIBOR Loans the Interest Period applicable thereto, and the name(s) of Borrower(s) on whose behalf such Loans are being requested. Any such telephonic notice shall be confirmed in writing on the same day by delivery by one or more of the Borrower Representatives of a Notice of Borrowing in the form of Exhibit D annexed hereto (a "Notice of Borrowing"). Lender shall not incur any liability to any Borrower for acting upon any telephonic notice Lender believes in good faith to have been given by a duly authorized officer or other Person authorized to convey such notice on behalf of a Borrower or for otherwise acting in good faith under this subsection 2.1(C). Lender shall not be obligated to make any advance pursuant to any telephonic notice unless it has also received the most recent Borrowing Base Certificate and all other documents required under subsection 5.1 by 11:00 a.m. New York City time. Each Revolving Advance shall be deposited by wire transfer in immediately available funds in a Borrower's operating account with Dime as Borrower Representative may from time to time designate to Lender in writing. The becoming due of any amount required to be paid under this Agreement or any of the other Loan Documents, whether principal, accrued interest or fees, shall be deemed irrevocably to be a request by Borrowers or Borrower Representative for a Base Rate Revolving Loan on the due date of, and in the amount required to pay, such principal, accrued interest and fees, and the proceeds of each such Revolving Advance if made by Lender shall be disbursed by Lender by way of direct payment of the relevant obligation.
Appears in 1 contract
Borrowing Mechanics. (1) LIBOR Loans made on any Funding Date shall be in an aggregate minimum amount of $500,000 1,000,000 and integral multiples of $100,000 500,000 in excess of such amount.
(2) On any day when any Borrower desires an advance a Revolving Advance under this subsection 2.1, Administrative Borrower Representative shall give Lender Administrative Agent telephonic notice of the proposed borrowing by 11:00 a.m. New York City 12:00 p.m. Chicago time on the Funding Date of a Base Rate Loan and three (3) Business Days in advance of the Funding Date of a LIBOR Loan, which notice shall also specify the proposed Funding Date (which shall be a Business Day), whether such Loans shall consist of Base Rate Loans or LIBOR Loans, and and, for LIBOR Loans Loans, the Interest Period applicable thereto, and . Loans made on the name(s) of Borrower(s) on whose behalf such Loans are being requestedClosing Date initially shall be made as Base Rate Loans. Any such telephonic notice shall be confirmed in writing on the same day by delivery by one or more of the Borrower Representatives of with a Notice of Borrowing in on the form of Exhibit D annexed hereto (a "Notice of Borrowing")same day. Lender Neither Administrative Agent nor Lenders shall not incur any liability to any Borrower for acting upon any telephonic notice Lender or Notice of Borrowing Administrative Agent believes in good faith to have been given by a duly authorized officer or other Person person authorized to convey such notice borrow on behalf of a Borrower or for otherwise acting in good faith under this subsection 2.1(C2.1(D). Lender shall not Neither Administrative Agent nor Revolving Loan Lenders will be obligated required to make any advance Revolving Advance pursuant to any telephonic notice unless it Administrative Agent has also received the most recent Monthly Borrowing Base Certificate and Semi-Monthly Borrowing Base Certificate and all other documents required under subsection 5.1 Section 3 and the Reporting Rider hereof by 11:00 a.m. New York City 12:00 p.m. Chicago time. Each Revolving Advance shall be deposited by wire transfer in immediately available funds in a Borrower's operating such account with Dime as Borrower Representative Borrowers may from time to time designate to Lender Administrative Agent in writing. The becoming due of any amount required to be paid under this Agreement or any of the other Loan DocumentsDocuments as principal, whether principalLender Letter of Credit reimbursement obligation, accrued interest or fees, and fees shall be deemed irrevocably to be a an automatic request by Borrowers or Borrower Representative for a Revolving Advance, which shall be a Base Rate Revolving Loan on the due date of, and in the amount required to paypay (as set forth on Administrative Agent's books and records), such principal, Lender Letter of Credit reimbursement obligation, accrued interest and fees, and the proceeds of each such Revolving Advance if made by Lender shall be disbursed by Lender by way of direct payment of the relevant obligation.
Appears in 1 contract
Samples: Loan Agreement (Recoton Corp)
Borrowing Mechanics. (1) LIBOR Loans made on any Funding Date ------------------- shall be in an aggregate minimum amount of $500,000 1,000,000 and integral multiples of $100,000 in excess of such amount.
(2) On any day when any Borrower desires an advance to borrow under this subsection 2.1, Borrower Representative shall give Lender Agent telephonic notice of the -------------- proposed borrowing by 11:00 a.m. New York City Central time on the Funding Date of a Base Rate Loan and three two (32) Business Days in advance of the Funding Date of a LIBOR Loan, which notice (a "Notice of Borrowing") shall also specify the proposed Funding Date (which shall be a Business Day), whether such Loans Loan shall consist of be a Base Rate Loans Loan or a LIBOR LoansLoan, and and, for a LIBOR Loans Loan, the Interest Period applicable thereto, and the name(s) of Borrower(s) on whose behalf such Loans are being requested. Any such telephonic notice shall be confirmed in writing on the same day by delivery by one or more of the Borrower Representatives of a Notice of Borrowing in the form of Exhibit D annexed hereto (a "Notice of Borrowing")day. Neither Agent nor Lender shall not incur any liability to any Borrower for acting upon any telephonic notice Lender Agent believes in good faith to have been given by a duly authorized officer or other Person person authorized to convey such notice borrow on behalf of a Borrower or for otherwise acting in good faith under this subsection 2.1(C). -------------- Neither Agent nor Lender shall not be obligated to will make any advance pursuant to any telephonic notice unless it Agent has also received the most recent Borrowing Base Certificate for such day and all other documents required under subsection 5.1 5.1(F) by 11:00 a.m. 12:00 noon (New York City -------------- time). The making of an advance pursuant to telephonic notice shall constitute a Loan under this Agreement. Each such advance to a Borrower under the Revolving Advance Loan Commitment shall be deposited by wire transfer in immediately available funds in a Borrower's operating such account with Dime as Borrower Representative may from time to time designate to Lender Agent in writing. If the Borrower fails to repay a LIBOR Loan on the due date thereof, such LIBOR Loan shall, subject to Section 2.2 hereof, be deemed converted into a Base Rate Loan on such due date. The becoming due of any amount required to be paid under this Agreement or any of the other Loan Documents, whether Documents as principal, accrued interest or fees, and fees shall be deemed irrevocably to be a request by Borrowers or Borrower Representative for a Base Rate Revolving Loan on the due date of, and in the amount required to pay, such principal, accrued interest and fees, and the proceeds of each such Revolving Advance Base Rate Loan if made by Agent or any Lender shall be disbursed by Agent or such Lender by way of direct payment of the relevant obligation.
Appears in 1 contract
Borrowing Mechanics. (1) LIBOR Rate Loans made on any Funding Date shall be in an aggregate minimum amount of $500,000 and integral multiples of $100,000 in excess of such amount.
(2) On any day when any Borrower desires an advance to borrow under this subsection 2.1, Borrower Representative shall give Lender Agent telephonic notice of the proposed borrowing by 11:00 a.m. New York City Central time on the Funding Date of a Base Rate Loan and three two (32) Business Days in advance of the Funding Date of a LIBOR Rate Loan, which notice shall (a "Notice of Borrowing") must also specify the proposed Funding Date (which shall be a Business Day), whether such Loans shall consist of Base Rate Loans or LIBOR Loans, Rate Loans and for LIBOR Rate Loans the Interest Period applicable thereto, and the name(s) of the Borrower(s) on whose behalf such Loans are being requested. Any such telephonic notice shall be confirmed in writing on the same day by delivery by one or more of the Borrower Representatives of a Notice of Borrowing in the form of Exhibit D annexed hereto (a "Notice of Borrowing")day. Neither Agent nor any Lender shall not incur any liability to any Borrower for acting upon any telephonic notice Lender Agent believes in good faith to have been given by a duly authorized officer or other Person authorized to convey such notice any of the Persons identified on behalf of a Borrower Schedule 2.1(D) or for otherwise acting in good faith under this subsection 2.1(C2.1(D). Neither Agent nor any Lender shall not be obligated to will make any advance pursuant to any telephonic notice unless it Agent has also received the most recent Borrowing Base Certificate and all other documents then required to have been delivered under subsection 5.1 by 11:00 a.m. New York City Central time. Each advance made to Borrowers under the Revolving Advance Loan shall be deposited by wire transfer in immediately available funds in a Borrower's operating such account with Dime as Borrower Representative may from time to time designate to Lender Agent in writing. The Unless payment is otherwise timely made by Borrowers, the becoming due of any amount required to be paid under this Agreement or any of the other Loan Documents, whether Documents as principal, accrued interest or fees, and fees shall be deemed irrevocably to be a request by Borrowers or Borrower Representative for a Base Rate Revolving Loan on the due date of, and in the amount required to pay, such principal, accrued interest and fees, and the proceeds of each such Revolving Advance Loan if made by Agent or any Lender shall be disbursed by Agent or such Lender by way of direct payment of the relevant obligation.
Appears in 1 contract
Samples: Loan and Security Agreement (Uniforce Temporary Personnel Inc)
Borrowing Mechanics. (1) LIBOR Loans made on any Funding Date (other than Revolving Loans made pursuant to subsection 3.3B for the purpose of reimbursing any Issuing Lender for the amount of a drawing under a Letter of Credit issued by it, and Swing Line Loans which shall be governed by the provisions of subsection 2.10), shall be in an aggregate minimum amount of (y) $500,000 15,000,000 and integral multiples of $5,000,000 in excess of that amount (or the equivalent in Macau Patacas) in the case of Term Loans and (z) $1,000,000 and integral multiples of $100,000 in excess the case of such amount.
(2) On any day when any Revolving Loans. Whenever the Borrower desires an advance under this subsection 2.1that Lenders make Term Loans (other than the initial Credit Extensions on the Closing Date and Term B Delayed Draw Loans on the Term B Delayed Draw Loan Commitment Termination Date) or Project Cost Revolving Loans, the Borrower Representative shall give Lender telephonic notice deliver to the Disbursement Agent the Advance Request, Borrowing Notice, and related documentation required by the terms of Section 2.4.1(a) of the proposed borrowing Disbursement Agreement. Each such Advance Request and Borrowing Notice must be received by 11:00 a.m. New York City time on the Disbursement Agent prior to 2:00 p.m., Eastern time, at least (i) five Business Days prior to the requested Funding Date, in the case of Eurodollar Rate Loans, or (ii) two Business Days prior to the requested Funding Date, in the case of Base Rate Loans and must specify (x) the amount and Type of Loans to be borrowed, (y) the requested Funding Date and (z) in the case of Eurodollar Rate Loans, the length of the initial Interest Period therefor. Each relevant Lender will make the amount of its share of each borrowing as is required pursuant to and subject to the requirements of Section 2.4.3(a) of the Disbursement Agreement available to the Disbursement Agent in immediately available Dollars. Whenever the Borrower desires that Lenders make Revolving Loans that are not Project Cost Revolving Loans (other than Revolving Loans made pursuant to subsection 3.3B for the purpose of reimbursing any Issuing Lender for the amount of a Base Rate Loan drawing under a Letter of Credit issued by it, and three Swing Line Loans which shall be governed by the provisions of subsection 2.10), it shall deliver to the Administrative Agent a Borrowing Notice no later than 1:00 p.m. (3Eastern time) at least five Business Days in advance of the proposed Funding Date (in the case of a LIBOR Eurodollar Rate Loan, which notice ) or at least one Business Day in advance of the proposed Funding Date (in the case of a Base Rate Loan). The Borrowing Notice shall also specify (i) the proposed Funding Date (which shall be a Business Day), (ii) the amount of Revolving Loans requested, (iii) whether such Revolving Loans shall consist of be Base Rate Loans or LIBOR Eurodollar Rate Loans, and for LIBOR (iv) in the case of any Loans requested to be made as Eurodollar Rate Loans, the initial Interest Period requested therefor. The Borrower shall notify Administrative Agent prior to the funding of any such Revolving Loans in the event that any of the matters to which the Borrower is required to certify in the applicable theretoBorrowing Notice is no longer true and correct as of the applicable Funding Date, and the name(s) of Borrower(s) on whose behalf such Loans are being requested. Any such telephonic notice shall be confirmed in writing on acceptance by the same day by delivery by one or more Borrower of the proceeds of any such Revolving Loans shall constitute a recertification by the Borrower, as of the applicable Funding Date, as to the matters to which the Borrower Representatives of a Notice of Borrowing is required to certify in the form applicable Borrowing Notice. The parties hereto acknowledge and confirm that, notwithstanding any other provision of Exhibit D annexed hereto (a "Notice of Borrowing"). Lender shall not incur any liability to any this Agreement, the Borrower for acting upon any telephonic notice Lender believes in good faith to have been given by a duly authorized officer or other Person authorized to convey such notice on behalf of a Borrower or for otherwise acting in good faith under this subsection 2.1(C). Lender shall not be obligated permitted to request that any Revolving Loans be made on the Closing Date. Except as otherwise provided in subsections 2.6B, 2.6C and 2.6G, a Borrowing Notice for a Eurodollar Rate Loan or a HIBOR Rate Loan shall be irrevocable on and after the related Interest Rate Determination Date, and the Borrower shall be bound to make any advance pursuant a borrowing in accordance therewith. All proceeds of Term B Funded Project Loans not otherwise used to any telephonic notice unless it has also received repay the most recent Borrowing Base Certificate and all other documents required under subsection 5.1 by 11:00 a.m. New York City time. Each Revolving Advance Refinanced Debt or pay Transaction Costs on the Closing Date shall be deposited by wire transfer first, in immediately available funds in a Borrower's operating account with Dime as Borrower Representative may from time to time designate to Lender in writing. The becoming due of any amount required to be paid under this Agreement or any of the other Loan Documents, whether principal, accrued interest or fees, shall be deemed irrevocably to be a request by Borrowers or Borrower Representative for a Base Rate Revolving Loan on the due date of, and Interest Escrow Account in the amount required by Section 4.1H(iii), pro rata with any Term B Funded Non-Casino Loans not otherwise used to pay, such principal, accrued interest and feesrepay the Refinanced Debt or pay Transaction Costs on the Closing Date, and second, in the Project Loans Proceeds Sub-Account. All proceeds of each such Revolving Advance if made by Lender Term B Funded Non-Casino Loans not otherwise used to repay the Refinanced Debt or pay Transaction Costs on the Closing Date shall be disbursed deposited first, in the Interest Escrow Account in the amount required by Lender by way Section 4.1H(iii), pro rata with any Term B Funded Project Loans not otherwise used to repay the Refinanced Debt or pay Transaction Costs on the Closing Date, and second, in the Non-Casino Loans Proceeds Sub-Account. All proceeds of direct payment Local Term Loans borrowed on the Closing Date shall be deposited in the Local Currency Loans Account. All Term B Delayed Draw Loans not otherwise borrowed prior to the Term B Delayed Draw Loan Commitment Termination Date may be borrowed on the Term B Delayed Draw Loan Commitment Termination Date and deposited in the Project Loans Proceeds Sub-Account and the Non-Casino Loans Proceeds Sub-Account, as applicable, following delivery of a Borrowing Notice with respect to such Term B Delayed Draw Loans setting forth the relevant obligationinformation requested thereby.
Appears in 1 contract
Borrowing Mechanics. (1) By delivering a Borrowing Request to Collateral Agent on or before 11:00 a.m., Central time, on a Business Day, Borrower may from time to time irrevocably request, on not less than three (3) Business Days' notice (in the case of a request for a LIBOR Loans Loan) or on the day of the requested Borrowing (in the case of a request for a Base Rate Loan), that a Borrowing be made on any Funding Date shall be in an aggregate (a) the case of a LIBOR Loan, in a minimum amount of $500,000 1,000,000 and an integral multiples multiple of $100,000 or in excess the unused amount of the Revolving Loan Commitments or (b) the case of Base Rate Loans, in any unused portion of the Revolving Loan Commitments. Collateral Agent shall advise each Lender of such amountBorrowing Request on or before 12:30 p.m., Central time, on the date of such Borrowing Request. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day, specified in such Borrowing Request. On or before 10:00 a.m. Central time, on such Business Day if the requested Borrowing is for LIBOR Loans or on or before 3:00 p.m., Central time, if the requested Borrowing is for Base Rate Loans, each Lender shall deposit with Collateral Agent same-day funds in an amount equal to such Lender's Pro Rata Share of the requested Borrowing. Such deposit will be made to an account which Collateral Agent shall specify from time to time by notice to Lenders. To the extent funds are received from Lenders, Collateral Agent shall make such funds available to Borrower by wire transfer to the accounts Borrower shall have specified in its Borrowing Request. No Lender's obligation to make any Loan shall be affected by any other Lender's failure to make any Loan.
(2) On any day when any Borrower desires an advance under this subsection 2.1, Borrower Representative shall give Lender telephonic notice of the proposed borrowing by 11:00 a.m. New York City time on the Funding Date of a Base Rate Loan and three (3) Business Days in advance of the Funding Date of a LIBOR Loan, which notice shall also specify the proposed Funding Date (which shall be a Business Day), whether such Loans shall consist of Base Rate Loans or LIBOR Loans, and for LIBOR Loans the Interest Period applicable thereto, and the name(s) of Borrower(s) on whose behalf such Loans are being requested. Any such telephonic notice shall be confirmed in writing on the same day by delivery by one or more of the Borrower Representatives of a Notice of Borrowing in the form of Exhibit D annexed hereto (a "Notice of Borrowing"). Lender shall not incur any liability to any Borrower for acting upon any telephonic notice Lender believes in good faith to have been given by a duly authorized officer or other Person authorized to convey such notice on behalf of a Borrower or for otherwise acting in good faith under this subsection 2.1(C). Lender shall not be obligated to make any advance pursuant to any telephonic notice unless it has also received the most recent Borrowing Base Certificate and all other documents required under subsection 5.1 by 11:00 a.m. New York City time. Each Revolving Advance shall be deposited by wire transfer in immediately available funds in a Borrower's operating account with Dime as Borrower Representative may from time to time designate to Lender in writing. The becoming due of any amount required to be paid under this Agreement or any of the other Loan Documents, whether Documents as principal, accrued interest or feesinterest, fees and expenses shall be deemed irrevocably to be a request by Borrowers or Borrower Representative for a Base Rate Revolving Loan on the due date of, and in the amount required to pay, such principal, accrued interest and fees, and the proceeds of each such Revolving Advance if made by any Agent or any Lender shall be disbursed by such Agent or such Lender by way of direct payment of the relevant obligation; provided, that no amounts due in respect of expenses shall be disbursed by any Agent or any Lender until Borrower has received written notice thereof from such Agent or such Lender.
Appears in 1 contract
Samples: Loan and Security Agreement (Thorn Apple Valley Inc)
Borrowing Mechanics. (1i) LIBOR Each borrowing of Loans relating to a particular Aircraft shall be made by the delivery of a Notice of Borrowing by Borrower to Agent not later than 12:00 Noon (New York City time) on any Funding Date the third Business Day prior to the date of the proposed borrowing. Agent shall give to each Lender prompt notice thereof. Each such Notice of Borrowing shall be irrevocable and binding on Borrower. Each such Notice of Borrowing shall be in an aggregate minimum amount the form of $500,000 and integral multiples Exhibit I. The Notice of $100,000 in excess of such amount.
Borrowing shall specify (2i) On any day when any Borrower desires an advance under this subsection 2.1, Borrower Representative shall give Lender telephonic notice of the proposed borrowing by 11:00 a.m. New York City time on the Funding Date of a Base Rate Loan and three (3) Business Days in advance of the Funding Date of a LIBOR Loan, which notice shall also specify the proposed Funding Date date (which shall be a Business Day), whether (ii) the amount of Loans requested and (iii) the Aircraft to which the Loans relate. In lieu of delivering the above described Notice of Borrowing, Borrower may give Agent telephonic notice by the required time of any proposed borrowing under this subsection 2.1B; provided that such Loans shall consist of Base Rate Loans or LIBOR Loans, and for LIBOR Loans the Interest Period applicable thereto, and the name(s) of Borrower(s) on whose behalf such Loans are being requested. Any such telephonic notice shall be promptly confirmed in writing on the same day by delivery by one or more of the Borrower Representatives of a Notice of Borrowing in the form of Exhibit D annexed hereto writing.
(a "Notice of Borrowing"). ii) Neither Agent nor any Lender shall not incur any liability to any Borrower for in acting upon any telephonic notice Lender referred to above that Agent believes in good faith to have been given by a duly authorized officer or other Person person authorized to convey such notice borrow on behalf of a Borrower or for otherwise acting in good faith under this subsection 2.1(C). Lender shall not be obligated to make any advance 2.1B, and upon funding of the Loans by Lenders in accordance with this Agreement pursuant to any such telephonic notice unless it has also received Borrower shall have effected the most recent Borrowing Base Certificate and all other documents required under subsection 5.1 by 11:00 a.m. New York City timeLoans hereunder. Each Revolving Advance Borrower shall be deposited by wire transfer notify Agent prior to the funding of the Loans in immediately available funds in a Borrower's operating account with Dime as Borrower Representative may from time to time designate to Lender in writing. The becoming due of any amount required to be paid under this Agreement or the event that any of the other Loan Documents, whether principal, accrued interest or fees, shall be deemed irrevocably matters to be a request by Borrowers or which Borrower Representative for a Base Rate Revolving Loan on the due date of, and is required to certify in the amount required to pay, such principal, accrued interest Notice of Borrowing is no longer true and fees, correct as of the Initial Borrowing Date and the acceptance by Borrower of the proceeds of each such Revolving Advance if made any Loans shall constitute a recertification by Lender shall be disbursed by Lender by way of direct payment Borrower as of the relevant obligationInitial Borrowing Date, as to the matters to which Borrower is required to certify in the applicable Notice of Borrowing.
Appears in 1 contract
Samples: Credit Agreement (Atlas Air Inc)