Common use of Borrowing Notices Clause in Contracts

Borrowing Notices. (a) Each Borrower requesting a Loan (including a Swing Line Advance) shall give Operations Agent a written Borrowing Notice, not later than 12:00 p.m. (Boston, Massachusetts, time) on the Business Day of each requested Loan, except that the applicable Borrower may make an oral request (each, an "ORAL REQUEST") not later than 11:00 a.m. (Boston, Massachusetts, time) on such Business Day, provided that each Oral Request is followed by a written Borrowing Notice no later than 1:00 p.m. (Boston, Massachusetts, time) on such Business Day. (b) Each Borrowing Notice or Oral Request shall specify the following terms of the requested Loan: (i) the date on which such Loan is to be disbursed, (ii) the principal amount of such Loan, (iii) the Fund for whose benefit the Loan is being borrowed and the amount of the Loan which is for the benefit of such Fund, (iv) the Total Assets of the Fund for whose benefit the Loan is being borrowed as of the close of business on the Business Day immediately preceding the date of such Borrowing Notice, (v) the type of Loan requested (whether a Revolving Credit Loan or a Swing Line Advance), and (vi) whether such Fund is an Affiliate Advised Borrower and, if so, the name of the affected Lender. (c) Each Borrowing Notice or Oral Request shall constitute a representation and warranty to Agents and Lenders by the applicable Borrower that the conditions set forth in SECTION 3.02 have been satisfied on the date of such notice and will be satisfied on the Borrowing Date. (d) Each Borrowing Notice or Oral Request shall be irrevocable and shall obligate the Borrower named therein to accept the Loan requested on the Borrowing Date.

Appears in 4 contracts

Samples: Credit Agreement (Usaa Tax Exempt Fund Inc), Credit Agreement (Usaa Mutual Fund Inc), Credit Agreement (Usaa State Tax Free Trust)

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Borrowing Notices. Borrower must give to Administrative Agent written notice (aor telephonic notice promptly confirmed in writing) of any requested Borrowing. Each Borrower requesting such notice constitutes a Loan (including a Swing Line Advance) shall give Operations Agent a written Borrowing Notice, not later than 12:00 p.m. (Boston, Massachusetts, time) on the Business Day of each requested Loan, except that the applicable Borrower may make an oral request (each, an "ORAL REQUEST") not later than 11:00 a.m. (Boston, Massachusetts, time) on such Business Day, provided that each Oral Request is followed by a written Borrowing Notice no later than 1:00 p.m. (Boston, Massachusetts, time) on such Business Day.” hereunder and must: (b) Each Borrowing Notice or Oral Request shall specify the following terms of the requested Loan: (i) specify (A) the aggregate amount of any such Borrowing and the date on which Base Rate Loans are to be advanced, or (B) the aggregate amount of any such Borrowing of new Eurodollar Loans, the date on which such Loan Eurodollar Loans are to be advanced (which shall be the first day of the Interest Period which is to be disbursedapply thereto), and the length of the applicable Interest Period; and (ii) the principal amount of such Loanbe received by Administrative Agent not later than 11:00 a.m., New York, New York time, on (iiiA) the Fund for whose benefit day on which any such Base Rate Loans are to be made, or (B) the Loan is being borrowed third Business Day preceding the day on which any such Eurodollar Loans are to be made. Each such written request or confirmation must be made in the form and the amount substance of the Loan “Borrowing Notice” attached hereto as Exhibit B, duly completed, accompanied by a Summary Collateral Report. Each such telephonic request shall be deemed a representation, warranty, acknowledgment and agreement by Borrower as to the matters which is for the benefit are required to be set out in such written confirmation. Upon receipt of such Fund, (iv) the Total Assets of the Fund for whose benefit the Loan is being borrowed as of the close of business on the Business Day immediately preceding the date of any such Borrowing Notice, (v) the type of Loan requested (whether a Revolving Credit Loan or a Swing Line Advance), and (vi) whether such Fund is an Affiliate Advised Borrower and, if so, the name Administrative Agent shall give each Lender prompt notice of the affected Lender. (c) Each Borrowing Notice or Oral Request shall constitute a representation and warranty terms thereof. If all conditions precedent to Agents and Lenders by the applicable Borrower that the conditions set forth in SECTION 3.02 such new Loans have been satisfied met, each Lender will on the date requested remit to Administrative Agent at its designated office not later than 1:00 p.m., New York, New York time, the amount of such notice Lender’s new Loan in immediately available funds, and will be satisfied on the Borrowing Date. (d) Each Borrowing Notice or Oral Request upon receipt of such funds, unless to its actual knowledge any conditions precedent to such Loans have been neither met nor waived as provided herein, Administrative Agent shall promptly make such Loans available to Borrower. All Borrowings of Loans shall be irrevocable and shall obligate the Borrower named therein to accept the Loan requested on the Borrowing Dateadvanced in Dollars.

Appears in 1 contract

Samples: Credit Agreement (Plains All American Pipeline Lp)

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Borrowing Notices. The Borrower must give to the Administrative Agent written or electronic notice (aor telephonic notice promptly confirmed in writing) of any requested Borrowing of new Loans to be advanced by the Lenders. Each Borrower requesting such notice constitutes a Loan (including a Swing Line Advance) shall give Operations Agent a written Borrowing Notice, not later than 12:00 p.m. (Boston, Massachusetts, time) on the Business Day of each requested Loan, except that the applicable Borrower may make an oral request (each, an "ORAL REQUEST") not later than 11:00 a.m. (Boston, Massachusetts, time) on such Business Day, provided that each Oral Request is followed by a written Borrowing Notice no later than 1:00 p.m. (Boston, Massachusetts, time) on such Business Day.” hereunder and must: (b) Each Borrowing Notice or Oral Request shall specify the following terms of the requested Loan: (i) specify (A) the aggregate amount of any such Borrowing of new Base Rate Loans and the date on which such Loan Base Rate Loans are to be advanced (which date shall be a Business Day) or (B) the aggregate amount of any such Borrowing of new SOFR Loans, the date on which such SOFR Loans are to be advanced (which date shall be a Business Day and shall be the first day of the Interest Period that is to be disbursedapply thereto), and the length of the Interest Period applicable thereto; and (ii) be received by the principal amount of such Loan, Administrative Agent not later than 10:00 a.m. on (iiiA) the Fund for whose benefit day on which any such Base Rate Loans are to be made or (B) the Loan is being borrowed third (3rd) U.S. Government Securities Business Day preceding the day on which any such SOFR Loans are to be made. Each such written request or confirmation must be made in the form and the amount substance of the Loan which is for the benefit of such Fund, (iv) the Total Assets of the Fund for whose benefit the Loan is being borrowed as of the close of business on the Business Day immediately preceding the date of such Borrowing Notice” attached hereto as Exhibit B-1, (v) the type of Loan requested (whether a Revolving Credit Loan or a Swing Line Advance)duly completed, and (vi) whether such Fund is an Affiliate Advised Borrower and, if so, the name of the affected Lender. (c) Each each Borrowing Notice or Oral Request shall constitute a representation and warranty to Agents and Lenders by the applicable Borrower that the conditions set forth in SECTION 3.02 have been satisfied on the date of such notice and will be satisfied on the Borrowing Date. (d) Each Borrowing Notice or Oral Request shall be irrevocable and binding on the Borrower. Each such telephonic request shall obligate be deemed a representation, warranty, acknowledgment, and agreement by the Borrower named therein as to accept the Loan matters that are required to be set out in such written confirmation. If no election as to the Type of Loans comprising a Borrowing is specified in a Borrowing Notice, then the requested on Borrowing shall be comprised of Base Rate Loans. If no Interest Period is specified in a Borrowing Notice with respect to any requested Borrowing of SOFR Loans, then the Borrowing DateBorrower shall be deemed to have selected an Interest Period of one month’s duration.

Appears in 1 contract

Samples: Credit Agreement (Kolibri Global Energy Inc.)

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