Common use of Borrowing Procedure Clause in Contracts

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by delivering a Borrowing Request to the Administrative Agent on or before 10:00 a.m. on a Business Day, the Borrower may from time to time irrevocably request, on such Business Day in the case of Base Rate Loans or on not less than three Business Days’ notice and not more than five Business Days’ notice, in the case of LIBO Rate Loans denominated in Dollars, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 and an integral multiple of $1,000,000, in the case of Base Rate Loans, in a minimum amount of $1,000,000 and an integral multiple of $500,000 or, in either case, in the unused amount of the applicable Commitment. 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. In the case of other than Swing Line Loans, on or before 12:00 noon on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the Borrower by wire transfer to the accounts the 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.

Appears in 4 contracts

Samples: Credit Agreement (Hanesbrands Inc.), Credit Agreement (Hanesbrands Inc.), Credit Agreement (Hanesbrands Inc.)

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Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by By delivering a Borrowing Request to the Administrative Agent on or before 10:00 a.m. 11:00 a.m., Chicago time, on a Business Day, the Borrower may from time to time irrevocably request, on such Business Day notice on the date of the requested Borrowing in the case of Base Rate Loans or and on not less than three Business Days’ notice and not nor more than five Business Days’ notice, in the case of LIBO Rate Loans denominated in Dollars, that a Borrowing be made, notice in the case of LIBO Rate Loans, that a Borrowing be made in a minimum amount of (i) $5,000,000 500,000 if such Loan is a LIBO Rate Loan or (ii) the lesser of the unused amount of the Revolving Commitments or $100,000, if such Loan is a Base Rate Loan and an integral multiple of $1,000,000100,000, in to the case of Base Rate Loans, in a minimum extent such additional amount of $1,000,000 and an integral multiple of $500,000 or, in either case, in the unused amount of the applicable Commitmentis permitted to be borrowed hereunder. 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 Day, specified in such Borrowing Request. In the case of other than Swing Line Loans, on On or before 12:00 noon 1:00 p.m. (Chicago time) on such Business Day Day, each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the Borrower by wire transfer to the accounts the 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.

Appears in 4 contracts

Samples: Credit Agreement (Novamed Inc), Pledge Agreement (Novamed Inc), Credit Agreement (Novamed Inc)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by delivering a Borrowing Request to the Administrative Agent on or before 10:00 a.m. on a Business Day, the The Borrower may from time to time irrevocably request, on such Business Day in the case of Base Rate Loans or on not less than three Business Days’ notice and not more than five Business Days’ notice, in the case of LIBO Rate Loans denominated in Dollars, request that a Borrowing be made, made in the case of LIBO (a) for Base Rate Loans, in a minimum amount of $300,000 and integral multiple of $100,000, (b) for LIBO Rate Loans a minimum amount of $5,000,000 and an integral multiple of $1,000,000, or (c) in the case of Base Rate Revolving Loans, in a minimum amount of $1,000,000 and an integral multiple of $500,000 or, in either case, in the unused amount of the applicable CommitmentRevolving Period Commitment Amount. Such request shall be made by delivering a Borrowing Request to the Agent on or before 11:00 a.m. U.S. Central time, (x) on the Business Day of such Borrowing in the case of a Base Rate Borrowing and (y) on a Business Day not less than three nor more than five Business Days in advance of a LIBO Rate Borrowing. 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 Day, specified in such Borrowing Request. In the case of other than Swing Line Loans, on On or before 12:00 noon Noon (U.S. Central time) on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the Borrower by wire transfer to the accounts the Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.

Appears in 3 contracts

Samples: Credit Agreement (Vintage Petroleum Inc), Credit Agreement (Vintage Petroleum Inc), Credit Agreement (Vintage Petroleum Inc)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by By delivering a Borrowing Request to the Administrative Agent on or before 10:00 a.m. 12:00 noon (EST), on a Business Day, the Borrower may from time to time irrevocably request, on such Business Day the date of the requested Borrowing in the case of Base Rate Loans or and on not less than three Business Days’ notice and not nor more than five Business Days’ notice, in the case of LIBO Rate Loans denominated in Dollars, that a Borrowing be made, notice in the case of LIBO Rate Loans, that a Borrowing be made in a minimum amount of (i) $5,000,000 500,000 if such Loan is a LIBO Rate Loan or (ii) the lesser of the unused amount of the Revolving Commitments or $100,000, if such Loan is a Base Rate Loan and an integral multiple of $1,000,000100,000, in to the case of Base Rate Loans, in a minimum extent such additional amount of $1,000,000 and an integral multiple of $500,000 or, in either case, in the unused amount of the applicable Commitmentis permitted to be borrowed hereunder. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Revolving Loans, and shall be made on the Business Day Day, specified in such Borrowing Request. In the case of other than Swing Line Loans, on On or before 12:00 noon 2:00 p.m. (EST ) on such Business Day Day, each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the Borrower by wire transfer to the accounts the Borrower shall have specified in its Borrowing Request. No Lender’s obligation to make any Revolving Loan shall be affected by any other Lender’s failure to make any Revolving Loan.

Appears in 3 contracts

Samples: Credit Agreement (Novamed Inc), Credit Agreement (Novamed Inc), Credit Agreement (Novamed Inc)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by delivering a Borrowing Request to the Administrative Agent on or before 10:00 a.m. 12:00 noon on a Business Day, the each Borrower may from time to time irrevocably request, on such not less than one Business Day Day's notice in the case of Base Rate Loans Loans, or on not less than three Business Days' notice in the case of LIBO Rate Loans, and in either case not more than five Business Days' notice, in the case of LIBO Rate Loans denominated in Dollars, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 2,000,000 and an integral multiple of $1,000,000, in the case of Base Rate Loans, in a minimum amount of $1,000,000 and an integral multiple of $500,000 or, in either case, in the unused amount of the applicable Commitment; provided, however, that all of the initial Loans shall be made as Base Rate Loans. 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 Day, specified in such Borrowing Request. In the case of Loans other than Swing Line Loans, on or before 12:00 noon 1:00 p.m. on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the applicable Borrower by wire transfer to the accounts the such Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.

Appears in 2 contracts

Samples: Credit Agreement (World Almanac Education Group Inc), Credit Agreement (WRC Media Inc)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by delivering a Borrowing Request to the Administrative Agent on or before 10:00 a.m. 2:00 p.m., New York City time, on a Business Day, the Borrower may from time to time irrevocably request, on such not less than one Business Day Day's notice in the case of Base Rate Loans Loans, or on not less than three Business Days' notice in the case of LIBO Rate Loans, and in either case not more than five Business Days' notice, in the case of LIBO Rate Loans denominated in Dollars, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 and an integral multiple of $1,000,000500,000, in the case of Base Rate Loans, in a minimum amount of $1,000,000 5,000,000 and an integral multiple of $500,000 or, in either case, in the unused amount of the applicable Commitment, or, in the case of Refunded Swing Line Loans, the amount thereof. 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 Day, specified in such Borrowing Request. In the case of other than Swing Line Loans, on or before 12:00 noon (New York City time) on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the Borrower by wire transfer to the accounts the Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.

Appears in 2 contracts

Samples: Credit Agreement (KSL Recreation Group Inc), Credit Agreement (KSL Recreation Group Inc)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by delivering a Borrowing Request to the Administrative Agent on or before 10:00 a.m. 12:00 noon (New York time) on a Business Day, a Borrower (or the Administrative Borrower on behalf of such Borrower) may from time to time irrevocably request, on such Business Day the same day as the proposed Borrowing in the case of Base Rate Loans Loans, or on not less than three Business Days' notice in the case of LIBO Rate Loans, and in either case not more than five Business Days' notice, in the case of LIBO Rate Loans denominated in Dollars, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 and an integral multiple of $1,000,000, in the case of Base Rate Loans, in a minimum amount of $1,000,000 5,000,000 and an integral multiple of $500,000 or, in either case, in the unused amount of the applicable Commitment. 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 Day, specified in such Borrowing Request. In the case of LIBO Rate Loans, on or before 11:00 a.m. (New York time), and in the case of Base Rate Loans other than Swing Line Loans, on or before 12:00 noon 3:00 p.m. (New York time), on such specified Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the applicable Borrower by wire transfer to the accounts the such Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.

Appears in 2 contracts

Samples: Credit Agreement (Winn Dixie Stores Inc), Credit Agreement (Winn Dixie Stores Inc)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by delivering a Borrowing Request to the Administrative Agent on or before 10:00 a.m. on a Business Day, the Borrower Borrowers may from time to time irrevocably request, on such not less than one Business Day Day’s notice in the case of Base Rate Loans Loans, or on not less than three Business Days’ notice in the case of LIBO Rate Loans, and in either case not more than five Business Days’ notice, in the case of LIBO Rate Loans denominated in Dollars, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 1,000,000 and an integral multiple of $1,000,000500,000, in the case of Base Rate Loans, in a minimum amount of $1,000,000 and an integral multiple of $500,000 or, in either case, in the unused amount of the applicable Commitment; provided that, all of the Loans made on the Closing Date shall be made as Base Rate Loans. 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 Day, specified in such Borrowing Request. In the case of other than Swing Line Loans, on or before 12:00 noon 11:00 a.m. on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the Borrower Borrowers by wire transfer to the accounts the Borrower Borrowers 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.

Appears in 2 contracts

Samples: Credit Agreement (Sabre Industries, Inc.), Credit Agreement (Sabre Industries, Inc.)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by By delivering a Borrowing Request to the Administrative Agent on or before 10:00 a.m. 12:00, noon, New York time, on a Business DayDay prior to April 11, 1996, the Borrower may from time to time irrevocably request, on such Business Day in the case request that a Borrowing of Base Rate Loans or on not less than three Business Days’ notice and not more than five Business Days’ notice, in the case of LIBO Rate Loans denominated in Dollars, that a Borrowing be made, in the case of LIBO Rate Loans, made in a minimum amount of $5,000,000 and an integral multiple of $1,000,000. By delivering a Borrowing Request to the Agent on or before 10:30 a.m., in New York time, on a Business Day prior to April 9, 1996, the case Borrower may irrevocably request, on not less than three Business Days' notice, that a Borrowing of Base LIBO Rate Loans, Loans be made in a minimum amount of $1,000,000 5,000,000 and an integral multiple of $500,000 or, in either case, in the unused amount of the applicable Commitment1,000,000. On the terms and subject to the conditions of this Agreement, each the Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day Day, specified in such Borrowing Request. In On or before 1:00 p.m., New York time, in the case of other than Swing Line Base Rate Loans, on or before 12:00 noon 11:30 a.m., New York time, in the case of LIBO Rate Loans, on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the Borrower by wire transfer to the accounts the Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.

Appears in 2 contracts

Samples: Guaranty Agreement, Credit Agreement (Price/Costco Inc)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by By delivering a Borrowing Request to the Administrative Agent on or before 10:00 a.m. a.m., New York time, on a Business Day, the Borrower may from time to time irrevocably request, on such not less than one Business Day Day's notice in the case of Base Rate Loans Loans, or on not less than three Business Days' notice in the case of LIBO Rate Loans, and in either case not more than five Business Days' notice, in the case of LIBO Rate Loans denominated in Dollars, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 2,000,000 and an in integral multiple of $1,000,000500,000, in the case of Base Rate Loans, in a minimum amount of $1,000,000 and an integral multiple of $500,000 100,000 or, in either case, in the unused amount of the applicable Commitment. 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 Day, specified in such Borrowing Request. In the case of other than Swing Line Loans, on On or before 12:00 noon 11:00 a.m. (New York time) on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the Borrower by wire transfer to the accounts the Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.

Appears in 2 contracts

Samples: Credit Agreement (Stillwater Mining Co /De/), Credit Agreement (Stillwater Mining Co /De/)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by delivering a Borrowing Request to the Administrative Agent on or before 10:00 a.m. 12:00 noon (New York time) on a Business Day, a Borrower (or the Administrative Borrower on behalf of such Borrower) may from time to time irrevocably request, on such Business Day the same day as the proposed Borrowing in the case of Base Rate Loans Loans, or on not less than three (3) Business Days’ notice and not more than five Business Days’ notice, in the case of LIBO Rate Loans denominated Loans, and in Dollarseither case not more than five (5) Business Days’ notice, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 and an integral multiple of $1,000,000, in the case of Base Rate Loans, in a minimum amount of $1,000,000 5,000,000 and an integral multiple of $500,000 or, in either case, in the unused amount of the applicable Commitment. 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 Day, specified in such Borrowing Request. In the case of LIBO Rate Loans, on or before 11:00 a.m. (New York time), and in the case of Base Rate Loans other than Swing Line Loans, on or before 12:00 noon 3:00 p.m. (New York time), on such specified Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the applicable Borrower by wire transfer to the accounts the such 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.

Appears in 2 contracts

Samples: Credit Agreement (Winn Dixie Stores Inc), Credit Agreement (Winn Dixie Stores Inc)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by By delivering a Borrowing Request to the Administrative Agent on or before 10:00 a.m. 12:00 Noon, New York City time, on a Business Day, the Borrower may from time to time irrevocably request, on such Business Day in the case day of Base Rate Loans or on not less than three Business Days’ notice and not more than five Business Days’ notice, in the case of LIBO Rate Loans denominated in Dollarsrequested Borrowing, that a Borrowing be made, in the case of LIBO Rate Loans, made in a minimum amount of $5,000,000 500,000 and an integral multiple of $1,000,000, in the case of Base Rate Loans, in a minimum amount of $1,000,000 and an integral multiple of $500,000 or, in either case, 100,000 or in the unused amount of the applicable CommitmentCommitments. The Agent shall promptly advise each Lender 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 Day, specified in such Borrowing Request. In the case of other than Swing Line Loans, on On or before 12:00 noon on such Business Day 2:00 p.m., New York City time, each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same same-day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the Borrower by wire transfer to the accounts the Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.

Appears in 2 contracts

Samples: Thorn Apple Valley Inc, Thorn Apple Valley Inc

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by By delivering a Borrowing Request to the Administrative Agent on or before 10:00 a.m. a.m., Chicago time, on a Business Day, the Borrower may from time to time irrevocably request, on such Business Day notice on the date of the requested Borrowing in the case of Base Rate Loans or and on not less than three Business Days’ notice and not nor more than five Business Days’ notice, in the case of LIBO Rate Loans denominated in Dollars, that a Borrowing be made, ' notice in the case of LIBO Rate Loans, that a Borrowing be made in a minimum amount of (i) $5,000,000 500,000 if such Loan is a LIBO Rate Loan or (ii) the lesser of the unused amount of the Revolving Commitments or $100,000, if such Loan is a Base Rate Loan and an integral multiple of $1,000,000100,000, in to the case of Base Rate Loans, in a minimum extent such additional amount of $1,000,000 and an integral multiple of $500,000 or, in either case, in the unused amount of the applicable Commitmentis permitted to be borrowed hereunder. 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 Day, specified in such Borrowing Request. In the case of other than Swing Line Loans, on On or before 12:00 noon 1:00 p.m. (Chicago time) on such Business Day Day, each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the Borrower by wire transfer to the accounts the Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.

Appears in 2 contracts

Samples: Credit Agreement (Novamed Eyecare Inc), Credit Agreement (Novamed Eyecare Inc)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by By delivering a Borrowing Request to the Administrative Agent on or before 10:00 a.m. 10:30 a.m., New York time, on a Business Day, the Borrower may from time to time irrevocably request, on such not less than one Business Day Day's notice in the case of Base Rate Loans Loans, or on not less than three Business Days' notice in the case of LIBO Rate Loans, and in either case not more than five Business Days' notice, in the case of LIBO Rate Loans denominated in Dollars, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 2,500,000 and an integral multiple of $1,000,000500,000, in the case of Base Rate Loans, in a minimum amount of $1,000,000 2,500,000 and an integral multiple of $500,000 or, in either case, in the unused amount of the applicable Commitment; provided, however, that all initial Loans shall be made as Base Rate Loans. 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 Day, specified in such Borrowing Request. In the case of other than Swing Line Loans, on On or before 12:00 noon noon, New York time, on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the Borrower by wire transfer to the accounts the Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.

Appears in 1 contract

Samples: Credit Agreement (United Auto Group Inc)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by By delivering a Borrowing Request to the Administrative Agent on or before 10:00 a.m. (New York City time) on a Business Day, the Borrower may from time to time irrevocably request, on such not less than one Business Day Day's notice in the case of Base Rate Loans Loans, or on not less than three Business Days' notice in the case of LIBO Rate Loans, and in either case not more than five Business Days' notice, in the case of LIBO Rate Loans denominated in Dollars, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 1,000,000 and an integral multiple of $1,000,000500,000, in the case of Base Rate Loans, in a minimum amount of $1,000,000 and an integral multiple of $500,000 or, in either case, in the unused amount of the applicable Commitment. 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 Day, specified in such Borrowing Request. In the case of other than Swing Line Loans, on On or before 12:00 noon 11:00 a.m. (New York City time) on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the Borrower by wire transfer to the accounts the Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.

Appears in 1 contract

Samples: Credit Agreement (Hecla Mining Co/De/)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by By delivering a Borrowing Request to the Administrative Agent on or before 10:00 a.m. 11:00 a.m., New York City time, on a Business Day, the Borrower may from time to time irrevocably request, on such not less than three (3) nor more than five (5) Business Day Days' notice in the case of Base Rate Loans LIBOR Loans, and on the same day or on not less than three Business Days’ notice and not no more than five (5) Business Days’ notice, ' notice in the case of LIBO Prime Rate Loans denominated in DollarsLoans, that a Borrowing be made, in the case of LIBO Rate Loans, made in a minimum amount of $5,000,000 and an integral multiple of $1,000,000, 100,000 in the case of Base Rate LIBOR Loans, and in a minimum amount of $1,000,000 50,000 in the case of Prime Rate Loans, and an in both instances in any integral multiple of $500,000 or50,000 in excess thereof, in either case, or in the unused amount of the applicable Commitment. 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 Day, specified in such Borrowing Request. In Each Borrowing Request must be signed by a Responsible Officer of the case Borrower. Upon receipt of other than Swing Line Loansany Borrowing Request, on the Agent shall promptly notify the Lenders of such Borrowing Request. On or before 12:00 noon 1:00 p.m., New York City time, on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the Borrower by wire transfer to the accounts the Borrower shall have specified in its the applicable Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.

Appears in 1 contract

Samples: Credit Agreement (Star Gas Partners Lp)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by By delivering a Borrowing Request to ------------------- the Administrative Agent on or before 10:00 a.m. 11:00 a.m., New York time, on a Business Day, the Borrower may from time to time irrevocably request, on such Business Day not less than one (in the case of Borrowings of Base Rate Loans or on Loans) and not less than three Business Days’ notice and not more than five Business Days’ notice, (in the case of Borrowings of LIBO Rate Loans denominated Loans) nor more than five (in Dollarsall cases) Business Days' notice, that a Borrowing be mademade in a minimum amount of $3,000,000 for the initial drawdown on the Revolving Loan Commitment and, for each drawdown thereafter, in a minimum amount of $500,000 and an integral multiple of $100,000 (in the case of LIBO Rate Loans, ) or in a minimum amount of $5,000,000 100,000 and an integral multiple of $1,000,000, 100,000 (in the case of Base Rate Loans, in a minimum amount of $1,000,000 and an integral multiple of $500,000 or, in either case, ) or in the unused amount of the applicable CommitmentRevolving Loan Commitment Amount. 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 Day, specified in such Borrowing RequestRequest (provided that the Borrowing made on the Closing Date -------- shall be comprised solely of Base Rate Loans). In the case of other than Swing Line Loans, on On or before 12:00 noon noon, New York time, on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the Borrower by wire transfer to the accounts the Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.

Appears in 1 contract

Samples: Credit Agreement (Ameritel Pay Phones Inc)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by By delivering a Borrowing Request to the Administrative Agent on or before 10:00 a.m. a.m., Chicago time, on a Business Day, the Borrower may from time to time irrevocably request, on such Business Day notice on the date of the requested Borrowing in the case of Base Rate Loans or and on not less than three Business Days’ notice and not nor more than five Business Days’ notice, in the case of LIBO Rate Loans denominated in Dollars, that a Borrowing be made, notice in the case of LIBO Rate Loans, that a Borrowing be made in a minimum amount of (i) $5,000,000 500,000 if such Loan is a LIBO Rate Loan or (ii) the lesser of the unused amount of the Revolving Commitments or $100,000, if such Loan is a Base Rate Loan and an integral multiple of $1,000,000100,000, in to the case of Base Rate Loans, in a minimum extent such additional amount of $1,000,000 and an integral multiple of $500,000 or, in either case, in the unused amount of the applicable Commitmentis permitted to be borrowed hereunder. 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 Day, specified in such Borrowing Request. In the case of other than Swing Line Loans, on On or before 12:00 noon 1:00 p.m. (Chicago time) on such Business Day Day, each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the Borrower by wire transfer to the accounts the 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.

Appears in 1 contract

Samples: Credit Agreement (Novamed Inc)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by By delivering a Borrowing Request to the Administrative Agent on or before 10:00 a.m. 9:00 a.m., New York time, on a Business Day, the Borrower may from time to time irrevocably request, on such not less than three (3) nor more than five (5) Business Day Days’ notice in the case of Base Rate Loans LIBOR Loans, and on the same day or on not less no more than three five (5) Business Days’ notice and not more than five Business Days’ notice, in the case of LIBO Rate Loans denominated in Dollars, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 and an integral multiple of $1,000,000, in the case of Base Rate Loans, that a Borrowing be made in a minimum amount of $3,000,000 in the case of LIBOR Loans, and in a minimum amount of $1,000,000 in the case of Base Rate Loans, and an in both instances in any integral multiple of $500,000 or100,000 in excess thereof, in either case, or in the unused amount of the applicable Commitment. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type same Type of Loans, and shall be made on the Business Day Day, specified in such Borrowing Request. In Each Borrowing Request must be signed by a Responsible Officer of the case Borrower. Upon receipt of other than Swing Line Loansany Borrowing Request, on the Agent shall promptly notify the Lenders of such Borrowing Request. On or before 12:00 noon 11:00 a.m., New York time, on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by written notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the Borrower by wire transfer to the accounts the Borrower shall have specified in its Borrowing RequestBorrower’s Account. No Lender’s obligation to make any Loan shall be affected by any other Lender’s failure to make any Loan. Swing Line Loans shall not be subject to this Section 2.3.

Appears in 1 contract

Samples: Credit Agreement (Star Gas Partners Lp)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by By delivering a Borrowing Request to the Administrative Agent on or before 10:00 a.m. a.m., New York City time, on a Business Day, the Borrower may from time to time irrevocably request, on such Business Day not less than one (in the case of Base Rate Loans or on not less than Loans) and three Business Days’ notice and not more than five Business Days’ notice, in the case of LIBO Rate Loans denominated in Dollars, that a Borrowing be made, (in the case of LIBO Rate Loans) nor more than ten (in the case of all Loans) Business Days' notice, that a Borrowing be made in a minimum amount of $5,000,000 and an integral multiple of $1,000,000, in the case of Base Rate Loans, in a minimum amount of $1,000,000 and an integral multiple of $500,000 or, in either case, or in the unused amount of the applicable CommitmentCommitments. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type Type and Class of Loans, and shall be made on the Business Day Day, specified in such Borrowing Request. In the case of other than Swing Line Loans, on On or before 12:00 noon 11:00 a.m. (New York City time) on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the Borrower by wire transfer to the accounts the Borrower shall have specified in its Borrowing RequestRequest (and, if such an account is maintained at a bank located in the United States, the Agent will make such funds available by no later than 2:00 p.m. (New York city time) on the day so received). No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.

Appears in 1 contract

Samples: Credit Agreement (Moore Corporation LTD)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by By delivering a Borrowing Request to ------------------- the Administrative Agent on or before 10:00 a.m. a.m., New York time, on a Business Day, the Borrower may from time to time irrevocably request, on such not less than one Business Day Day's notice in the case of Base Rate Loans Loans, or on not less than three Business Days' notice in the case of LIBO Rate Loans, and in either case not more than five Business Days' notice, in the case of LIBO Rate Loans denominated in Dollars, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 2,000,000 and an in integral multiple of $1,000,000500,000, in the case of Base Rate Loans, in a minimum amount of $1,000,000 and an integral multiple of $500,000 100,000 or, in either case, in the unused amount of the applicable Commitment. 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 Day, specified in such Borrowing Request. In the case of other than Swing Line Loans, on On or before 12:00 noon 11:00 a.m. (New York time) on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the Borrower by wire transfer to the accounts the Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.

Appears in 1 contract

Samples: Credit Agreement (Stillwater Mining Co /De/)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by By delivering a Borrowing Request to ------------------- the Administrative Agent on or before 10:00 a.m. a.m., Chicago time, on a Business Day, the Borrower may from time to time irrevocably request, on such Business Day notice on the date of the requested Borrowing in the case of Base Rate Loans or and on not less than three Business Days’ notice and not nor more than five Business Days’ notice, in the case of LIBO Rate Loans denominated in Dollars, that a Borrowing be made, ' notice in the case of LIBO Rate Loans, that a Borrowing be made in a minimum amount of (i) $5,000,000 500,000 if such Loan is a LIBO Rate Loan or (ii) the lesser of the unused amount of the Revolving Commitments or $100,000, if such Loan is a Base Rate Loan and an integral multiple of $1,000,000100,000, in to the case of Base Rate Loans, in a minimum extent such additional amount of $1,000,000 and an integral multiple of $500,000 or, in either case, in the unused amount of the applicable Commitmentis permitted to be borrowed hereunder. 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 Day, specified in such Borrowing Request. In the case of other than Swing Line Loans, on On or before 12:00 noon 1:00 p.m. (Chicago time) on such Business Day Day, each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the Borrower by wire transfer to the accounts the Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.

Appears in 1 contract

Samples: Credit Agreement (Novamed Eyecare Inc)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by delivering a Borrowing Request to the Administrative Agent on or before 10:00 a.m. 12:00 noon on a Business Day, the each Borrower may from time to time irrevocably request, on such not less than one Business Day Day's notice in the case of Base Rate Loans Loans, or on not less than three Business Days' notice in the case of LIBO Rate Loans, and in either case not more than five Business Days' notice, in the case of LIBO Rate Loans denominated in Dollars, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 2,000,000 and an integral multiple of $1,000,000, in the case of Base Rate Loans, in a minimum amount of $1,000,000 and an integral multiple of $500,000 or, in either case, in the unused amount of the applicable Commitment; provided, however, that all of the initial Loans shall be made as Base Rate Loans. 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 Day, specified in such Borrowing Request. In the case of Loans other than Swing Line Loans, on or before 12:00 noon 1:00 p.m. on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s 's RL Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the applicable Borrower by wire transfer to the accounts the such Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.

Appears in 1 contract

Samples: Credit Agreement (WRC Media Inc)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by delivering a Borrowing Request to the Administrative Agent on or before 10:00 a.m. on a Business Day, the The Borrower may from time to time ------------------- irrevocably request, on such Business Day in the case of Base Rate Loans or on not less than three Business Days’ notice and not more than five Business Days’ notice, in the case of LIBO Rate Loans denominated in Dollars, request that a Borrowing be made, made in the case of LIBO (a) for Base Rate Loans, in a minimum amount of $300,000 and integral multiple of $100,000, (b) for LIBO Rate Loans a minimum amount of $5,000,000 and an integral multiple of $1,000,000, or (c) in the case of Base Rate Revolving Loans, in a minimum amount of $1,000,000 and an integral multiple of $500,000 or, in either case, in the unused amount of the applicable CommitmentRevolving Loan Commitment Amount. Such request shall be made by delivering a Borrowing Request to the Agent on or before 11:00 a.m. U.S. Central time, (x) on the Business Day of such Borrowing in the case of a Base Rate Borrowing and (y) on a Business Day not less than three nor more than five Business Days in advance of a LIBO Rate Borrowing. 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 Day, specified in such Borrowing Request. In the case of other than Swing Line Loans, on On or before 12:00 noon Noon (U.S. Central time) on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the Borrower by wire transfer to the accounts the Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.

Appears in 1 contract

Samples: Credit Agreement (Vintage Petroleum Inc)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by By delivering a Borrowing Request to ------------------- the Administrative Agent on or before 10:00 a.m. a.m., Chicago time, on a Business Day, the Borrower may from time to time irrevocably request, on such Business Day notice on the date of the requested Borrowing in the case of Base Rate Loans or and on not less than three Business Days’ notice and not nor more than five Business Days’ notice, in the case of LIBO Rate Loans denominated in Dollars, that a Borrowing be made, ' notice in the case of LIBO Rate Loans, that a Borrowing be made in a minimum amount of (i) $5,000,000 500,000 if such Loan is a LIBO Rate Loan or (ii) the lesser of the unused amount of the Revolving Commitments or $100,000, if such Loan is a Base Rate Loan and an integral multiple of $1,000,00050,000, in to the case of Base Rate Loans, in a minimum extent such additional amount of $1,000,000 and an integral multiple of $500,000 or, in either case, in the unused amount of the applicable Commitmentis permitted to be borrowed hereunder. 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 Day, specified in such Borrowing Request. In the case of other than Swing Line Loans, on On or before 12:00 noon 11:00 a.m. (Chicago time) on such Business Day Day, each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the Borrower by wire transfer to the accounts the Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.

Appears in 1 contract

Samples: Credit Agreement (Novamed Eyecare Inc)

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Borrowing Procedure. In the case By furnishing an Extension of Loans (other than Swing Line Loans), by delivering a Borrowing Credit Request to the Administrative Agent on or before 10:00 a.m. 11:00 a.m., New York time, on not less than three (or on the same day in the case of a Base Rate Loan) nor more than five Business DayDays’ notice before the date of any Borrowing requested in such Extension of Credit Request, the Borrower may from time to time irrevocably request, on such Business Day in the case of Base Rate request that Loans or on not less than three Business Days’ notice and not more than five Business Days’ notice, in the case of LIBO Rate Loans denominated in Dollars, that constituting a Borrowing be made, made by all Lenders in the case of LIBO Rate Loans, aggregate in a minimum amount of $5,000,000 and an or any larger integral multiple of $1,000,000, in the case of Base Rate Loans, in a minimum amount of $1,000,000 and an integral multiple of $500,000 or, in either case, in the unused amount of the applicable Commitment. On Subject to the terms and subject to the conditions of this Agreement, each Borrowing shall be made on the Business Day, and shall be comprised of the type of Loans, and shall be made on specified in the Extension of Credit Request therefor. On such Business Day specified in and subject to such Borrowing Request. In terms and conditions, each Lender shall provide the case of other than Swing Line LoansAdministrative Agent with funds, on or before 11:00 a.m. (or 12:00 noon on such Business Day each Lender that has in the case of a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds Base Rate Loan), New York time, in an amount equal to such Lender’s Percentage of the requested Borrowing. Such deposit will be made Borrowing by transferring same day or immediately available funds to an such account which as the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, on or before 2:30 p.m., New York time, the Administrative Agent shall make such funds available to the Borrower proceeds of each Borrowing by wire transfer of such proceeds to such transferees, or to such accounts of the accounts Borrower, as the Borrower shall have specified in its Borrowing Requestthe Extension of Credit Request therefor. No Lender’s obligation to make any Loan shall be affected by any other Lender’s failure to make any Loan.

Appears in 1 contract

Samples: Credit Agreement (Amc Entertainment Inc)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by delivering a Borrowing Request to the Administrative Agent on or before 10:00 a.m. 12:00 p.m. (noon) on a Business Day, the Borrower may from time to time irrevocably request, on such not less than one Business Day Day's notice in the case of Base Rate Loans Loans, or on not less than three Business Days' notice and not more than five Business Days’ notice, in the case of LIBO Rate Loans denominated Loans, and in Dollarseither case not more than ten Business Days' notice, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 2,000,000 and an integral multiple of $1,000,000500,000, in the case of Base Rate Loans, in a minimum amount of $1,000,000 500,000 and an integral multiple of $500,000 100,000 or, in either case, in the unused amount of the applicable Commitment; provided, however, that all of the initial Loans shall be made as Base Rate Loans. 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 Day, specified in such Borrowing Request. In the case of other than Swing Line Loans, on or before 12:00 noon 1:00 p.m. on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the Borrower by wire transfer to the accounts the Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.

Appears in 1 contract

Samples: Credit Agreement (North Shore Agency Inc)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by delivering a Borrowing Request telephonic notice to the Administrative Agent on or before 10:00 a.m. 12:00 noon on a Business Day (followed (within one Business Day) by the delivery of a confirming Borrowing Request), the Borrower may from time to time irrevocably request, on such the same Business Day in the case of Base Rate Loans or on not less than three Business Days’ notice in the case of LIBO Rate Loans, and in either case not more than five Business Days’ notice, in the case of LIBO Rate Loans denominated in Dollars, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 2,000,000 and an integral multiple of $1,000,000, or in the case of Base Rate Loans, in a minimum amount of $1,000,000 and an integral multiple of $500,000 or, in either case, in the unused amount of the applicable Commitment. 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 Day, specified in such Borrowing Request. In the case of Loans other than Swing Line Loans, on or before 12:00 noon 3:00 p.m. on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the Borrower by wire transfer to the accounts the 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.

Appears in 1 contract

Samples: Credit Agreement (Reddy Ice Holdings Inc)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by delivering a Borrowing Request telephonic notice to the Administrative Agent on or before 10:00 a.m. 12:00 noon on a Business Day (followed (within one Business Day) by the delivery of a confirming Borrowing Request), the Borrower may from time to time irrevocably request, on such the same Business Day in the case of Base Rate Loans or on not less than three Business Days' notice in the case of LIBO Rate Loans, and in either case not more than five Business Days' notice, in the case of LIBO Rate Loans denominated in Dollars, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 2,000,000 and an integral multiple of $1,000,000, or in the case of Base Rate Loans, in a minimum amount of $1,000,000 and an integral multiple of $500,000 or, in either case, in the unused amount of the applicable Commitment. 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 Day, specified in such Borrowing Request. In the case of Loans other than Swing Line Loans, on or before 12:00 noon 3:00 p.m. on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the Borrower by wire transfer to the accounts the Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.

Appears in 1 contract

Samples: Credit Agreement (Reddy Ice Holdings Inc)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by By delivering a Borrowing Request to the Administrative Agent on or before 10:00 a.m. 1:00 p.m., Chicago time, on a Business Day, the Borrower may from time to time irrevocably request, on such Business Day in the case of Base Rate Loans or on not less than three Business Days’ notice and not nor more than five Business Days’ notice, ' notice in the case of LIBO Rate Loans denominated in Dollars, that a Borrowing be made, in the case of LIBO Eurodollar Rate Loans, in a minimum amount of $5,000,000 and an integral multiple of $1,000,000, on not less than one nor more than five Business Days' notice in the case of Base Rate Loans, that a Borrowing be made in a minimum amount of $3,000,000 in the case of Eurodollar Rate Loans, and in a minimum amount of $1,000,000 in the case of Base Rate Loans, and in both instances in an integral multiple of $500,000 or100,000, in either case, or in the unused amount of the applicable Commitment. 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 Day, specified in such Borrowing Request. In Each Borrowing Request must be signed by an Authorized Officer of the case of other than Swing Line Loans, on Borrower. On or before 12:00 noon 2:00 p.m. (Chicago time) on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the Borrower by wire transfer to the accounts the Borrower shall have specified in its the applicable Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.. Swing Loans shall not be subject to this SECTION 2.3. SECTION 2.4

Appears in 1 contract

Samples: Credit Agreement (Cornerstone Propane Partners Lp)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by By delivering a Borrowing Request to the Administrative Agent on or before 10:00 a.m. 12:00 noon on a Business Day, the Borrower may from time to time irrevocably request, on such not less than one Business Day Day's notice in the case of Base Rate Loans or on not less than three Business Days' notice and not more than five Business Days’ notice, in the case of LIBO Rate Loans denominated in Dollars, that a Borrowing be made, in the case of LIBO Rate Loans, and in either case not more than five Business Days' notice, that a minimum amount of $5,000,000 and an integral multiple of $1,000,000, in the case of Base Rate Loans, Borrowing be made in a minimum amount of $1,000,000 and an integral multiple of $500,000 or, in either case, in the unused amount of the applicable Commitment; provided, however, that all of the initial Loans made on the Closing Date shall be made as Base Rate Loans. 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 Day, specified in such Borrowing Request. In the case of other than Swing Line Loans, on On or before 12:00 noon 1:00 p.m. on such Business Day of the requested Borrowing, each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the Borrower by wire transfer to the accounts the Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.

Appears in 1 contract

Samples: Credit Agreement (CTC Communications Group Inc)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by By delivering a Borrowing Request to the Administrative ------------------- Agent on or before 10:00 a.m. a.m., Chicago time, on a Business Day, the Borrower may from time to time irrevocably request, on such Business Day in the case of Base Rate Loans or (i) on not less than three Business Days’ notice and not nor more than five Business Days' notice, in the case of a LIBO Rate Loans denominated in DollarsLoan or (ii) on not less than the same day or more than five Business Days' notice, that a Borrowing be made, in the case of LIBO Base Rate LoansLoan, in a minimum amount of $5,000,000 500,000 and an integral multiple of $1,000,000500,000, in the case of Base Rate Loans, in a minimum amount of $1,000,000 and an integral multiple of $500,000 or, in either case, or in the unused amount of the applicable Commitment, if less. 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. In the case of other than Swing Line Loans, on On or before 12:00 noon 11:00 a.m. (Chicago time) on such specified Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the Borrower by wire transfer to the accounts the Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.

Appears in 1 contract

Samples: Credit Agreement (Markwest Hydrocarbon Inc)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by delivering a Borrowing Request to the Administrative Agent on or before 10:00 a.m. on a Business Day, the The Borrower may from time to time ------------------- irrevocably request, on such Business Day in the case of Base Rate Loans or on not less than three Business Days’ notice and not more than five Business Days’ notice, in the case of LIBO Rate Loans denominated in Dollars, request that a Borrowing be made, made in the case of LIBO (a) for Base Rate Loans, in a minimum amount of $300,000 and integral multiple of $100,000, (b) for LIBO Rate Loans a minimum amount of $5,000,000 and an integral multiple of $1,000,000, or (c) in the case of Base Rate Revolving Loans, in a minimum amount of $1,000,000 and an integral multiple of $500,000 or, in either case, in the unused amount of the applicable CommitmentRevolving Period Commitment Amount. Such request shall be made by delivering a Borrowing Request to the Agent on or before 11:00 a.m. U.S. Central time, (x) on the Business Day of such Borrowing in the case of a Base Rate Borrowing and (y) on a Business Day not less than three nor more than five Business Days in advance of a LIBO Rate Borrowing. 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 Day, specified in such Borrowing Request. In the case of other than Swing Line Loans, on On or before 12:00 noon Noon (U.S. Central time) on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the Borrower by wire transfer to the accounts the Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.

Appears in 1 contract

Samples: Credit Agreement (Vintage Petroleum Inc)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by delivering a Borrowing Request to the Administrative Agent on or before 10:00 a.m. before12:00 noon (New York time) on a Business Day, the Borrower may from time to time irrevocably request, on such Business Day the same day as the proposed Borrowing in the case of Base Rate Loans Loans, or on not less than three Business Days' notice in the case of LIBO Rate Loans, and in either case not more than five Business Days' notice, in the case of LIBO Rate Loans denominated in Dollars, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 and an integral multiple of $1,000,000, in the case of Base Rate Loans, in a minimum amount of $1,000,000 5,000,000 and an integral multiple of $500,000 or, in either case, in the unused amount of the applicable Commitment. 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 Day, specified in such Borrowing Request. In the case of LIBO Rate Loans, on or before 11:00 a.m.(New York time), and in the case of Base Rate Loans other than Swing Line Loans, on or before 12:00 noon 3:00 p.m. (New York time), on such specified Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the Borrower by wire transfer to the accounts the Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan."

Appears in 1 contract

Samples: Credit Agreement (Winn Dixie Stores Inc)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by By delivering a Borrowing Request to the Administrative Agent on or before 10:00 a.m. 11:00 a.m., San Francisco time, on a Business Day, the Borrower may from time to time irrevocably request, on such Business Day in the case of Base Rate Loans or on not less than three Business Days’ notice and not nor more than five Business Days’ notice, ' notice in the case of LIBO Rate Loans denominated in Dollars, that a Borrowing be made, in the case of LIBO Eurodollar Rate Loans, in a minimum amount of $5,000,000 and an integral multiple of $1,000,000, on not less than one nor more than five Business Days' notice in the case of Base Rate Loans, that a Borrowing be made in a minimum amount of $3,000,000 in the case of Eurodollar Rate Loans, and in a minimum amount of $1,000,000 in the case of Base Rate Loans, and in both instances in an integral multiple of $500,000 or100,000, in either case, or in the unused amount of the applicable Commitment. 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 Day, specified in such Borrowing Request. In Each Borrowing Request must be signed by an Authorized Officer of the case of other than Swing Line Loans, on Borrower. On or before 12:00 noon noon, San Francisco time, on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the Borrower by wire transfer to the accounts the Borrower shall have specified in its the applicable Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan. Swing Loans shall not be subject to this SECTION 2.3.

Appears in 1 contract

Samples: Refunding Credit Agreement (Cornerstone Propane Partners Lp)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by By delivering a Borrowing Request to the Administrative Agent on or before 10:00 a.m. 12:00 noon, Hartford, Connecticut time, on a Business Day, the Borrower may from time to time irrevocably request, on such Business Day in the case of Base Rate Loans or on not less than three Business Days’ notice and not more than five Business Days’ notice, in the case of LIBO Rate Loans denominated in Dollars, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 and an integral multiple of $1,000,000on not less than three nor more than five Business Days' notice, or, in the case of Base Rate Loans, on not less than one nor more than five Business Days' notice, that a Borrowing be made in a minimum amount of $1,000,000 500,000 and an integral multiple of $500,000 or100,000, in either case, or in the unused amount of the then applicable CommitmentCommitment Amount. Upon receipt of a Borrowing Request, the Agent shall promptly notify the other Lenders on the same day of the Borrowing requested thereby. 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 Day, specified in such Borrowing Request. In the case of other than Swing Line Loans, on On or before 12:00 noon 2:00 p.m., Hartford, Connecticut time, on such Business Day Day, each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the Borrower by wire transfer to the accounts the Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s failure to make any Loan.to

Appears in 1 contract

Samples: Credit Agreement (Cable Tv Fund 11-B LTD)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by By delivering a Borrowing Request to the Administrative ------------------- Agent on or before 10:00 a.m. a.m., Chicago time, on a Business Day, the Borrower may from time to time irrevocably request, on such Business Day notice on the date of the requested Borrowing in the case of Base Rate Loans or and on not less than three Business Days’ notice and not nor more than five Business Days’ notice, in the case of LIBO Rate Loans denominated in Dollars, that a Borrowing be made, ' notice in the case of LIBO Rate Loans, that a Borrowing be made in a minimum amount of (i) $5,000,000 500,000 if such Loan is a LIBO Rate Loan or (ii) the lesser of the unused amount of the Revolving Commitments or $100,000, if such Loan is a Base Rate Loan and an integral multiple of $1,000,000100,000, in to the case of Base Rate Loans, in a minimum extent such additional amount of $1,000,000 and an integral multiple of $500,000 or, in either case, in the unused amount of the applicable Commitmentis permitted to be borrowed hereunder. 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 Day, specified in such Borrowing Request. In the case of other than Swing Line Loans, on On or before 12:00 noon 1:00 p.m. (Chicago time) on such Business Day Day, each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the Borrower by wire transfer to the accounts the Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.

Appears in 1 contract

Samples: Credit Agreement (Novamed Eyecare Inc)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by By delivering a Borrowing Request to the Administrative Agent on or before 10:00 a.m. a.m., New York City time, on a Business Day, the Borrower may from time to time irrevocably request, on such Business Day not less than one (in the case of Base Rate Loans or on not less than Loans) and three Business Days’ notice and not more than five Business Days’ notice, in the case of LIBO Rate Loans denominated in Dollars, that a Borrowing be made, (in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 and an integral multiple of $1,000,000, ) nor more than ten (in the case of Base Rate all Loans) Business Days' notice, that a Borrowing be made in a minimum amount of $1,000,000 and an integral multiple of $500,000 or1,000,000, in either case, or in the unused amount of the applicable CommitmentCommitments. 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 Day, specified in such Borrowing Request. In the case of other than Swing Line Loans, on On or before 12:00 noon 11:00 a.m. (New York City time) on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the Borrower by wire transfer to the accounts the Borrower shall have specified in its Borrowing RequestRequest (and, if such an account is maintained at a bank located in the United States, the Agent will make such funds available by no later than 2:00 p.m. (New York City time) on the day so received). No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.

Appears in 1 contract

Samples: Credit Agreement (Kirkwood Acquisition Corp)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by By delivering a Borrowing Request to the Administrative Agent on or before 10:00 a.m. a.m., New York time (in the case of Base Rate Loan) or 12:00 noon (in the case of a LIBO Rate Loan), on a Business Day, the Borrower may from time to time irrevocably request, request on such Business Day in the case of Base Rate Loans Loans, or on not less than three Business Days' notice in the case of LIBO Rate Loans, and in either case not more than five Business Days' notice, in the case of LIBO Rate Loans denominated in Dollars, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 and an integral multiple of $1,000,000, in the case of Base Rate Loans, in a minimum amount of $1,000,000 3,000,000 and an integral multiple of $500,000 1,000,000 or, in either case, in the unused amount of the applicable Commitment. 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 Day, specified in such Borrowing Request. In the case of other than Swing Line Loans, on On or before 12:00 noon noon, New York time (or, if later, two hours following the Administrative Agent's providing of notice to such Lender of such Borrowing Request), on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the Borrower by wire transfer to the accounts the Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.

Appears in 1 contract

Samples: Credit Agreement (Adelphia Communications Corp)

Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by By delivering a Borrowing Request ------------------- to the Administrative Agent on or before 10:00 a.m. 12:00 Noon, New York City time, on a Business Day, the Borrower may from time to time irrevocably request, on such Business Day in the case of Base Rate Loans or (i) on not less than three Business Days’ notice and not more than five Business Days’ ' notice, in the case of LIBO Rate Loans denominated in Dollars, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 and an integral multiple of $1,000,000(ii) on the same Business Day, in the case of Base Rate Loans, that a Borrowing of Loans be made in a minimum amount amounts of $1,000,000 and an integral multiple of $500,000 or10,000,000, in either case, or in the unused amount of the applicable CommitmentTotal Commitment Amount. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the same type of Loans, and shall be made on the Business Day specified in such Borrowing Request. In the case of other than Swing Line LoansOn or before 2:00 P.M., New York City time, on or before 12:00 noon on such the Business Day such Loans are to be made, each Lender that has a Commitment to make the Loans being requested shall deposit with the Administrative Agent same day funds Same Day Funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to an account which the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, the Administrative Agent shall make such funds available to the Borrower by wire transfer to the accounts the Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.

Appears in 1 contract

Samples: Credit Agreement (Edison Mission Energy)

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