Common use of Borrowing Procedure Clause in Contracts

Borrowing Procedure. In order to request a Borrowing, the Borrower shall hand deliver or telecopy to the Agent a duly completed Borrowing Request in the form of Exhibit A (i) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, three Business Days before such Borrowing, and (ii) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, one Business Day before such Borrowing. Such notice shall be irrevocable and shall in each case specify (A) whether the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; (B) the date of such Borrowing (which shall be a Business Day) and the amount thereof; and (C) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto, which shall not end after the Maturity Date. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's duration (subject to the limitations set forth in the definition of "Interest Period"). If the Borrower shall not have given notice in accordance with this Section 2.03 of its election to refinance a Borrowing prior to the end of the Interest Period in effect for such Borrowing, then the Borrower shall (unless such Borrowing is repaid at the end of such Interest Period) be deemed to have given notice of an election to refinance such Borrowing with an ABR Borrowing. Notwithstanding any other provision of this Agreement to the contrary, no Borrowing shall be requested if the Interest Period with respect thereto would end after the scheduled Maturity Date. The Agent shall promptly advise the Lenders of any notice given pursuant to this Section 2.03 and of each Lender's portion of the requested Borrowing.

Appears in 4 contracts

Samples: Exhibit 10c (Txu Corp /Tx/), Revolving Credit Agreement (Txu Corp /Tx/), Credit Agreement (Txu Corp /Tx/)

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Borrowing Procedure. In order to request a Borrowing, the Borrower shall hand deliver or telecopy to the Agent a duly completed Borrowing Request in the form of Exhibit A (i) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, three Business Days before such Borrowing, and (ii) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, one Business Day before such Borrowing, and (iii) in the case of the initial Borrowing, not later than 3:00 p.m., New York City time, on the day of such Borrowing. Such notice shall be irrevocable and shall in each case specify (A) whether the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; , (B) the date of such Borrowing (which shall be a Business Day) and the amount thereof; and , (C) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto, which shall not end after the Maturity Date, and (D) the location and number of the Borrower's account to which funds are to be disbursed, which shall comply with the requirements of this Agreement. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be deemed an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's duration (subject to the limitations set forth in the definition of "Interest Period"). If the Borrower shall not have given notice in accordance with this Section 2.03 of its election to refinance a Borrowing prior to the end of the Interest Period in effect for such Borrowing, then the Borrower shall (unless such Borrowing is repaid at the end of such Interest Period) be deemed to have given notice of an election to refinance such Borrowing with an ABR Borrowing. Notwithstanding any other provision of this Agreement to the contrary, no Borrowing shall be requested if the Interest Period with respect thereto would end after the scheduled Maturity Date. The Agent shall promptly advise the Lenders of any notice given pursuant to this Section 2.03 and of each Lender's portion of the requested Borrowing.

Appears in 3 contracts

Samples: Credit Agreement (Txu Corp /Tx/), Credit Agreement (Txu Corp /Tx/), Credit Agreement (Txu Corp /Tx/)

Borrowing Procedure. In order to request a Borrowing, the Borrower shall hand deliver or telecopy send via facsimile to the Agent a duly completed Borrowing Request in the form of Exhibit A (i) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, three Business Days before such Borrowing, and (ii) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, one Business Day before such Borrowing. Such notice shall be irrevocable and shall in each case specify (A) whether the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; , (B) the date of such Borrowing (which shall be a Business Day) and the amount thereof; and , (C) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto, which shall not end after the Maturity Commitment Termination Date, and (D) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of this Agreement. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be deemed an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's ’s duration (subject to the limitations set forth in the definition of "Interest Period"). If the Borrower shall not have given notice in accordance with this Section 2.03 of its election to refinance a Borrowing prior to the end of the Interest Period in effect for such Borrowing, then the Borrower shall (unless such Borrowing is repaid at the end of such Interest Period) be deemed to have given notice of an election to refinance such Borrowing with an ABR Borrowing. Notwithstanding any other provision of this Agreement to the contrary, no Borrowing shall be requested if the Interest Period with respect thereto would end after the scheduled Maturity Commitment Termination Date. The Agent shall promptly advise the Lenders of any notice given pursuant to this Section 2.03 and of each Lender's ’s portion of the requested Borrowing.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Txu Energy Co LLC), Revolving Credit Agreement (Txu Energy Co LLC), Revolving Credit Agreement (Txu Corp /Tx/)

Borrowing Procedure. In order to To request a BorrowingSwingline Loan, the applicable Borrower shall hand deliver notify the Administrative Agent of such request by telephone (confirmed by telecopy or telecopy to the Agent a duly completed Borrowing Request in the form of Exhibit A (i) in the case of a Eurodollar Borrowingemail), not later than 11:00 a.m.1:00 p.m., New York City timeLocal Time, three Business Days before on the day of a proposed Swingline Loan. Each such Borrowing, and (ii) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, one Business Day before such Borrowing. Such notice shall be irrevocable and shall in each case specify (A) whether the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; (B) the date of such Borrowing (which shall be a Business Day) and amount of the requested Swingline Loan; provided that any notice requesting a Swingline Loan in Canadian Dollars or Euro shall be accompanied by a borrowing notice for a Borrowing three (3) Business Days hence for a like amount thereof; and of Multicurrency Revolving Loans denominated in the currency of the proposed Swingline Loan pursuant to Section 2.03 (C) it being understood such notice for such Multicurrency Revolving Loans may be delivered not later than 1:00 p.m. Local Time instead of 11:00 a.m. Local Time), which notice shall only be revocable if such Borrowing Swingline Loan denominated in Canadian Dollars or Euro is not made; the proceeds of any such Multicurrency Revolving Loans made shall be applied by the Borrowers first, to repay the principal of such Swingline Loan and any interest owing thereunder to the Swingline Lender, with any amounts in excess thereof to be a Eurodollar Borrowing, retained by the Interest Period with respect thereto, which shall not end after the Maturity Date. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's duration (subject to the limitations set forth in the definition of "Interest Period"). If the Borrower shall not have given notice in accordance with this Section 2.03 of its election to refinance a Borrowing prior to the end of the Interest Period in effect for such Borrowing, then the Borrower shall (unless such Borrowing is repaid at the end of such Interest Period) be deemed to have given notice of an election to refinance such Borrowing with an ABR Borrowing. Notwithstanding any other provision of this Agreement to the contrary, no Borrowing shall be requested if the Interest Period with respect thereto would end after the scheduled Maturity Dateapplicable Borrower. The Administrative Agent shall will promptly advise the Lenders Swingline Lender of any such notice given pursuant received from such Borrower. The Swingline Lender shall make each Swingline Loan available to this Section 2.03 and the applicable Borrower by means of each Lender's portion a credit to the general deposit account of the applicable Borrower with the Swingline Lender or by wire transfer, automated clearinghouse debit or interbank transfer to such other account, accounts or Persons designated by the applicable Borrower in the applicable request (or, in the case of a Swingline Loan made to finance the reimbursement of an LC Disbursement as provided in Section 2.05(e), by remittance to the Issuing Bank) by 3:00 p.m., Local Time, on the requested Borrowingdate of such Swingline Loan.

Appears in 2 contracts

Samples: Credit Agreement (Darling Ingredients Inc.), Credit Agreement (Darling Ingredients Inc.)

Borrowing Procedure. In order to To request a BorrowingSwingline Loan, the applicable Borrower shall hand deliver notify the Administrative Agent of such request by telephone (confirmed by telecopy or telecopy to the Agent a duly completed Borrowing Request in the form of Exhibit A (i) in the case of a Eurodollar Borrowingemail), not later than 11:00 a.m.1:00 p.m., New York City timeLocal Time, three Business Days before on the day of a proposed Swingline Loan. Each such Borrowing, and (ii) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, one Business Day before such Borrowing. Such notice shall be irrevocable and shall in each case specify (A) whether the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; (B) the date of such Borrowing (which shall be a Business Day) and amount of the requested Swingline Loan; provided that any notice requesting a Swingline Loan in Canadian Dollars or Euro shall be accompanied by a borrowing notice for a Borrowing 3 Business Days hence for a like amount thereof; and of Multicurrency Revolving Loans denominated in the currency of the proposed Swingline Loan pursuant to Section 2.03 (C) it being understood such notice for such Multicurrency Revolving Loans may be delivered not later than 1:00 p.m. Local Time instead of 11:00 a.m. Local Time), which notice shall only be revocable if such Borrowing Swingline Loan denominated in Canadian Dollars or Euro is not made; the proceeds of any such Multicurrency Revolving Loans made shall be applied by the Borrowers first, to repay the principal of such Swingline Loan and any interest owing thereunder to the Swingline Lender, with any amounts in excess thereof to be a Eurodollar Borrowing, retained by the Interest Period with respect thereto, which shall not end after the Maturity Date. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's duration (subject to the limitations set forth in the definition of "Interest Period"). If the Borrower shall not have given notice in accordance with this Section 2.03 of its election to refinance a Borrowing prior to the end of the Interest Period in effect for such Borrowing, then the Borrower shall (unless such Borrowing is repaid at the end of such Interest Period) be deemed to have given notice of an election to refinance such Borrowing with an ABR Borrowing. Notwithstanding any other provision of this Agreement to the contrary, no Borrowing shall be requested if the Interest Period with respect thereto would end after the scheduled Maturity Dateapplicable Borrower. The Administrative Agent shall will promptly advise the Lenders Swingline Lender of any such notice given pursuant received from such Borrower. The Swingline Lender shall make each Swingline Loan available to this Section 2.03 and the applicable Borrower by means of each Lender's portion a credit to the general deposit account of the applicable Borrower with the Swingline Lender or by wire transfer, automated clearinghouse debit or interbank transfer to such other account, accounts or Persons designated by the applicable Borrower in the applicable request (or, in the case of a Swingline Loan made to finance the reimbursement of an LC Disbursement as provided in Section 2.05(e), by remittance to the Issuing Bank) by 3:00 p.m., Local Time, on the requested Borrowingdate of such Swingline Loan.

Appears in 2 contracts

Samples: Credit Agreement (Darling Ingredients Inc.), Credit Agreement (Darling International Inc)

Borrowing Procedure. In order to request effect a Borrowing, the Borrower shall hand deliver or telecopy to the Administrative Agent a duly completed Borrowing Request in the form of Exhibit A E (ia) in the case of a Eurodollar LIBOR Borrowing, not later than 11:00 a.m.12:00 (noon), New York City time, three Business Days before such a proposed Borrowing, and (iib) in the case of an ABR Borrowing, not later than 11:00 a.m.12:00 (noon), New York City time, one Business Day before such on the day of a proposed Borrowing. Such notice Borrowing Request shall be irrevocable and shall in each case specify (Aa) whether the Borrowing then being requested is to be a Eurodollar LIBOR Borrowing or an ABR Borrowing; , (Bb) the date of such Borrowing (which shall be a Business Day) and the amount thereof; thereof and (Cc) if such Borrowing is to be a Eurodollar LIBOR Borrowing, the Interest Period with respect thereto, which shall not end after the Maturity Date. If no election as to the Interest Rate Type of a Borrowing is specified in any such noticeBorrowing Request, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar LIBOR Borrowing is specified in any such noticeBorrowing Request, then the Borrower shall be deemed to have selected an Interest Period of one month's duration (subject to the limitations set forth in the definition of "Interest Period")duration. If the Borrower shall not have given notice a Borrowing Request in accordance with this Section 2.03 2.5 of its election to refinance a Borrowing prior to the end of the Interest Period in effect for such Borrowing, then the Borrower shall (unless such Borrowing is repaid at the end of such Interest Period) be deemed to have given notice of an election to refinance such Borrowing with an ABR Borrowing. Notwithstanding any other provision of this Agreement to the contrary, no Borrowing shall be requested if the Interest Period with respect thereto would end after the scheduled Maturity Date. The Administrative Agent shall promptly advise the Lenders of any notice given pursuant to this Section 2.03 2.5 and of each Lender's portion of the requested Borrowing.

Appears in 2 contracts

Samples: Term Loan Agreement (Cendant Corp), Term Loan Agreement (Cendant Corp)

Borrowing Procedure. In order to request a Borrowing, the Borrower shall give Administrative Agent notice of each Borrowing by means of a Borrowing Request Form containing the information required therein and delivered (by hand deliver or telecopy by mechanically confirmed facsimile) to Administrative Agent no later than 5:00 p.m. (New York, NY time) on the day prior to which the Borrowing is desired to be funded. Each Borrowing shall be in an amount no less than $[***] up to the Maximum Facility Amount less outstanding Borrowings. Administrative Agent at its option may accept telephonic requests for such Borrowings, provided that such acceptance shall not constitute a duly waiver of Administrative Agent’s right to require delivery of a Borrowing Request Form in connection with subsequent Borrowings. Any telephonic request for a Borrowing by Borrower shall be promptly confirmed by submission of a properly completed Borrowing Request in Form to Administrative Agents, but failure to deliver a Borrowing Request Form shall not be a defense to payment of the form of Exhibit A (i) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, three Business Days before such Borrowing, and (ii) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, one Business Day before such Borrowing. Such notice No Lender shall be irrevocable have liability to Borrower for any loss or damage suffered by Xxxxxxxx as a result of Xxxxxxx’ honoring of any requests, execution of any instructions, authorizations or agreements or reliance on any reports communicated to it telephonically, by facsimile or electronically and purporting to have been sent to Administrative Agent by Xxxxxxxx and Lenders shall in each case specify (A) whether have no duty to verify the Borrowing then being requested is to be a Eurodollar Borrowing origin of any such communication or an ABR Borrowing; (B) the date identity or authority of such Borrowing (which shall be a Business Day) and the amount thereof; and (C) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto, which shall not end after the Maturity DatePerson sending it. If no election as Subject to the Type terms and conditions of Borrowing is specified in any such noticethis Agreement, then the requested each Borrowing shall be made available to Borrower by depositing the same, in immediately available funds, in an ABR account of Borrower designated by Xxxxxxxx maintained with Administrative Agent at the Principal Office. If, after giving effect to a requested Borrowing. If no Interest Period with respect , there is a Borrowing Base Deficiency, or if Administrative Agent determines (either then or on any later day in the course of reviewing the same) that the Borrowing Request Form submitted to any Eurodollar Borrowing it is specified incomplete or incorrect in any such noticematerial respect, then Lenders shall withhold the entire Borrowing until Borrower shall be deemed have demonstrated to have selected an Interest Period of one month's duration (subject to the limitations set forth in the definition of "Interest Period"). If the Borrower shall not have given notice in accordance with this Section 2.03 of its election to refinance a Borrowing prior to the end of the Interest Period in effect for such Borrowing, then the Borrower shall (unless Administrative Agent’s reasonable satisfaction that such Borrowing Request Form is repaid at the end of such Interest Periodin fact not (or is no longer) be deemed to have given notice of an election to refinance such Borrowing with an ABR Borrowing. Notwithstanding incomplete or incorrect in any other provision of this Agreement to the contrary, no Borrowing shall be requested if the Interest Period with respect thereto would end after the scheduled Maturity Date. The Agent shall promptly advise the Lenders of any notice given pursuant to this Section 2.03 and of each Lender's portion of the requested Borrowingmaterial respect.

Appears in 2 contracts

Samples: Credit and Security Agreement (loanDepot, Inc.), Credit and Security Agreement (loanDepot, Inc.)

Borrowing Procedure. In order to request a Borrowing, the Borrower shall hand deliver or telecopy to the Agent a duly completed Borrowing Request in the form of Exhibit A (ia) in the case of a Eurodollar Borrowing, not later than 11:00 10:30 a.m., New York City time, three Business Days before such Borrowing, a proposed Borrowing and (iib) in the case of an ABR Borrowing, not later than 11:00 10:30 a.m., New York City time, one Business Day before such on the day of a proposed Borrowing. Such notice shall be irrevocable and shall in each case specify (Ai) whether the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; (Bii) the date of such Borrowing (which shall be a Business Day) and the amount thereof; and (Ciii) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto, which shall not end after the Maturity Date. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's duration (subject to the limitations set forth in the definition of "Interest Period"). If the Borrower shall not have given notice in accordance with this Section 2.03 of its election to refinance a Borrowing prior to the end of the Interest Period in effect for such Borrowing, then the Borrower shall (unless such Borrowing is repaid at the end of such Interest Period) be deemed to have given notice of an election to refinance such Borrowing with an ABR Borrowingduration. Notwithstanding any other provision of this Agreement to the contrary, no the Borrower shall not be entitled to request any Borrowing shall be requested if the Interest Period requested with respect thereto to such Borrowing would end after the scheduled Maturity Date. The Agent shall promptly advise the Lenders of any notice given pursuant to this Section 2.03 and of each Lender's portion of the requested Borrowing.

Appears in 2 contracts

Samples: Credit Facility Agreement (Avaya Inc), Credit Facility Agreement (Avaya Inc)

Borrowing Procedure. In order to request effect a Borrowing, the Borrower shall hand deliver or telecopy to the Administrative Agent a duly completed Borrowing Request notice in the form of Exhibit A E (ia) in the case of a Eurodollar LIBOR Borrowing, not later than 11:00 a.m.12:00 Noon, New York City time, three Business Days before such a proposed Borrowing, and (iib) in the case of an ABR Borrowing, not later than 11:00 a.m.12:00 Noon, New York City time, one Business Day before such on the day of a proposed Borrowing. Such notice shall be irrevocable and shall in each case specify (Aa) whether the Borrowing then being requested is to be a Eurodollar LIBOR Borrowing or an ABR Borrowing; , (Bb) the date of such Borrowing (which shall be a Business Day) and the amount thereof; thereof and (Cc) if such Borrowing is to be a Eurodollar LIBOR Borrowing, the Interest Period with respect thereto, which shall not end after the Maturity Date. If no election as to the Interest Rate Type of a Borrowing is specified in any such noticeBorrowing Request, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar LIBOR Borrowing is specified in any such noticeBorrowing Request, then the Borrower shall be deemed to have selected an Interest Period of one month's duration (subject to the limitations set forth in the definition of "Interest Period")’s duration. If the Borrower shall not have given notice a Borrowing Request in accordance with this Section 2.03 2.3 of its election to refinance a Borrowing prior to the end of the Interest Period in effect for such Borrowing, then the Borrower shall (unless such Borrowing is repaid at the end of such Interest Period) be deemed to have given notice of an election to refinance such Borrowing with a LIBOR Borrowing of one month’s duration (or at any time after the occurrence, and during the continuation, of a Default or an Event of Default, an ABR Borrowing. Notwithstanding any other provision of this Agreement to the contrary, no Borrowing shall be requested if the Interest Period with respect thereto would end after the scheduled Maturity Date). The Administrative Agent shall promptly advise the Lenders of any notice given pursuant to this Section 2.03 2.3 and of each Lender's ’s portion of the requested Borrowing.

Appears in 2 contracts

Samples: Interim Term Loan Agreement (Wyndham Worldwide Corp), Interim Term Loan Agreement (Realogy Corp)

Borrowing Procedure. In order to request a Borrowing, the Borrower shall hand deliver or telecopy to the Administrative Agent a duly completed Borrowing Request in the form of Exhibit A Request: (ia) in the case of a Eurodollar Rate Borrowing, not later than 11:00 a.m.12:00 noon, New York City Dallas, Texas time, three two Business Days before such Borrowing, and (iib) in the case of an ABR a Base Rate Borrowing or a Eurodollar Daily Floating Rate Borrowing, not later than 11:00 a.m.12:00 noon, New York City Dallas, Texas time, one Business Day before on the day of such Borrowing. Such notice shall be irrevocable and shall in each case specify specify: (Ai) whether the Borrowing then being requested is a Revolving Loan Borrowing or a Swingline Loan Borrowing; (ii) in the case of a Revolving Loan Borrowing, whether such Borrowing is to be a Eurodollar Rate Borrowing or an ABR a Base Rate Borrowing; (Biii) in the case of a Swingline Loan Borrowing, whether such Borrowing is to be a Eurodollar Daily Floating Rate Borrowing or a Base Rate Borrowing; (iv) the date of such Borrowing (which shall be a Business Day) and the amount thereof; and (Cv) if such Borrowing is to be a Eurodollar Rate Borrowing, the Interest Period with respect thereto, which shall not end after the Maturity Date. If no election as to the Type of or facility applicable to such Borrowing is specified in any such notice, then the requested Borrowing shall will be an ABR a Base Rate Swingline Loan Borrowing. If no Interest Period with respect to any Eurodollar Rate Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's duration (subject to the limitations set forth in the definition of "Interest Period"). If the Borrower shall not have given notice in accordance with this Section 2.03 of its election to refinance a Borrowing prior to the end of the Interest Period in effect for such Borrowing, then the Borrower shall (unless such Borrowing is repaid at the end of such Interest Period) be deemed to have given notice of an election to refinance such Borrowing with an ABR Borrowing’s duration. Notwithstanding any other provision of this Agreement to the contrary, no Eurodollar Rate Borrowing shall be requested if the Interest Period with respect thereto would end after the scheduled Maturity Date. The When a Revolving Loan Borrowing is requested, the Administrative Agent shall promptly advise the Revolving Lenders of any the notice given pursuant to this Section 2.03 and of each Revolving Lender's ’s portion of the requested Borrowing. When a Swingline Loan Borrowing is requested, the Administrative Agent shall promptly advise the Swingline Lender of the notice given pursuant to this Section 2.03.

Appears in 2 contracts

Samples: Revolving Credit Facility Agreement (Lennox International Inc), Revolving Credit Facility Agreement (Lennox International Inc)

Borrowing Procedure. In order to request a Borrowing, the a Borrower shall hand deliver or telecopy send via facsimile to the Agent a duly completed Borrowing Request in the form of Exhibit A (i) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, three Business Days before such Borrowing, and (ii) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, one Business Day before such Borrowing. Such notice shall be irrevocable and shall in each case specify (A) whether the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; , (B) the Tranche of such Borrowing, (C) the date of such Borrowing (which shall be a Business Day) and the amount thereof; , and (CD) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto, which shall not end after the Maturity Applicable Commitment Termination Date. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be deemed an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's duration (subject to the limitations set forth in the definition of "Interest Period"). If the a Borrower shall not have given notice in accordance with this Section 2.03 of its election to refinance a Borrowing prior to the end of the Interest Period in effect for such Borrowing, then the such Borrower shall (unless such Borrowing is repaid at the end of such Interest Period) be deemed to have given notice of an election to refinance such Borrowing with an ABR Borrowing. Notwithstanding any other provision of this Agreement to the contrary, no Borrowing shall be requested if the Interest Period with respect thereto would end after the scheduled Maturity Applicable Commitment Termination Date. The Agent shall promptly advise the Lenders of any notice given pursuant to this Section 2.03 and of each Lender's portion of the requested Borrowing.

Appears in 1 contract

Samples: Revolving Credit Agreement (Txu Corp /Tx/)

Borrowing Procedure. In order to request a BorrowingBorrowing of Revolving Loans, the Borrower shall hand deliver or telecopy to the Administrative Agent a duly completed Borrowing Request in the form of Exhibit A (ia) in the case of a Eurodollar Borrowing, not later than 11:00 10:30 a.m., New York City time, three Business Days before such Borrowing, a proposed Borrowing and (iib) in the case of an ABR Borrowing, not later than 11:00 10:30 a.m., New York City time, one Business Day before such on the day of a proposed Borrowing. Such notice shall be irrevocable and shall in each case specify (Ai) whether the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; (Bii) the date of such Borrowing (which shall be a Business Day) and the amount thereof; and (Ciii) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto, which shall not end after the Maturity Date. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's duration (subject to the limitations set forth in the definition of "Interest Period"). If the Borrower shall not have given notice in accordance with this Section 2.03 of its election to refinance a Borrowing prior to the end of the Interest Period in effect for such Borrowing, then the Borrower shall (unless such Borrowing is repaid at the end of such Interest Period) be deemed to have given notice of an election to refinance such Borrowing with an ABR Borrowingduration. Notwithstanding any other provision of this Agreement to the contrary, no the Borrower shall not be entitled to request any Borrowing shall be requested if the Interest Period requested with respect thereto to such Borrowing would end after the scheduled Maturity Date. The Administrative Agent shall promptly advise the Revolving Lenders of any notice given pursuant to this Section 2.03 and of each Lender's portion of the requested Borrowing.

Appears in 1 contract

Samples: Facility Agreement (Agere Systems Inc)

Borrowing Procedure. In order Borrower shall give Lender notice of each Borrowing by means of a Borrowing Request Form containing the information required therein and delivered (by hand or electronically by email) to Lender no later than 5:00 p.m. (Dallas, Texas time) on the Business Day prior to the Business Day on which the Borrowing is desired to be funded. Any notice of Borrowing received after 5:00 p.m. (Dallas, Texas time) shall be processed by Lender on a commercially reasonable efforts basis on the immediately following Business Day but no later than the second Business Day following the Business Day on which it was received. Lender at its option may accept telephonic requests for such Borrowings, provided that such acceptance shall not constitute a waiver of Lender’s right to require delivery of a Borrowing Request Form in connection with subsequent Borrowings. Any telephonic request for a Borrowing by Borrower shall be promptly confirmed by submission of a properly completed Borrowing Request Form to Lender, but failure to deliver a Borrowing Request Form shall not be a defense to payment of the Borrowing. Lender shall have no liability to Borrower for any loss or damage suffered by Borrower as a result of Lender’s honoring of any requests, execution of any instructions, authorizations or agreements or reliance on any reports communicated to it telephonically or electronically by email and purporting to have been sent to Lender by Borrower and Lender shall have no duty to verify the origin of any such communication or the identity or authority of the Person sending it. Subject to the terms and conditions of this Agreement, each Borrowing shall be made available to Borrower by depositing the same, in immediately available funds, in an account of Borrower designated by Borrower maintained with Lender. If, after giving effect to a requested Borrowing, the Borrower shall hand deliver Lender determines (either then or telecopy to the Agent a duly completed Borrowing Request on any later day in the form course of Exhibit A reviewing the same) that (i) the Borrowing Request Form submitted to it is incomplete or incorrect in any material respect, then the case Lender shall use commercially reasonable efforts to promptly inform Borrower of a Eurodollar Borrowing, such incomplete or incorrect Borrowing Request Form and withhold the entire Borrowing until Borrower shall have demonstrated to the Lender’s reasonable satisfaction that such Borrowing Request Form is in fact not later than 11:00 a.m., New York City time, three Business Days before such Borrowing, and (or is no longer) incomplete or incorrect in any material respect or (ii) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, one Business Day before such Borrowing. Such notice shall be irrevocable and shall in each case specify (A) whether the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; (B) the date of such Borrowing (which shall be a Business Day) and the amount thereof; of the requested Borrowing exceeds the amount available to Borrower under the terms and (C) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto, which shall not end after the Maturity Date. If no election as to the Type conditions of Borrowing is specified in any such noticethis Agreement, then the requested Borrowing Lender shall be an ABR Borrowing. If no Interest Period with respect use commercially reasonable efforts to any Eurodollar Borrowing is specified in any such notice, then the promptly inform Borrower thereof and shall be deemed to have selected an Interest Period of one month's duration (subject to the limitations set forth in the definition of "Interest Period"). If the Borrower shall not have given notice in accordance with this Section 2.03 of its election to refinance a Borrowing prior to the end of the Interest Period in effect for such Borrowing, then the Borrower shall (unless such Borrowing is repaid at the end of such Interest Period) be deemed to have given notice of an election to refinance such Borrowing with an ABR Borrowing. Notwithstanding any other provision of this Agreement to the contrary, no Borrowing shall be requested if the Interest Period with respect thereto would end after the scheduled Maturity Date. The Agent shall promptly advise the Lenders of any notice given pursuant to this Section 2.03 and of each Lender's withhold that portion of the requested BorrowingBorrowing that exceeds the amount available to Borrower under the terms and conditions of this Agreement.

Appears in 1 contract

Samples: Credit and Security Agreement (AmeriHome, Inc.)

Borrowing Procedure. In order to request a BorrowingBorrowing of Revolving Loans, the Borrower shall hand deliver or telecopy to the Administrative Agent a duly completed Borrowing Request in the form of Exhibit A (ia) in the case of a Eurodollar Borrowing, not later than 11:00 10:30 a.m., New York City time, three Business Days before such Borrowing, a proposed Borrowing and (iib) in the case of an ABR Borrowing, not later than 11:00 10:30 a.m., New York City time, one Business Day before such on the day of a proposed Borrowing. Such notice shall be irrevocable and shall in each case specify (Ai) whether the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; (Bii) the date of such Borrowing (which shall be a Business Day) and the amount thereof; and (Ciii) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto, which shall not end after the Maturity Date. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's duration (subject to the limitations set forth in the definition of "Interest Period"). If the Borrower shall not have given notice in accordance with this Section 2.03 of its election to refinance a Borrowing prior to the end of the Interest Period in effect for such Borrowing, then the Borrower shall (unless such Borrowing is repaid at the end of such Interest Period) be deemed to have given notice of an election to refinance such Borrowing with an ABR Borrowingduration. Notwithstanding any other provision of this Agreement to the contrary, no the Borrower shall not be entitled to request any Borrowing shall be requested if the Interest Period requested with respect thereto to such Borrowing would end after the scheduled Maturity Date. The Agent shall promptly advise the Lenders of any notice given pursuant to this Section 2.03 and of each Lender's portion of the requested Borrowing.Maturity

Appears in 1 contract

Samples: Agreement (Agere Systems Inc)

Borrowing Procedure. In order to request a Borrowing, the Borrower shall give Administrative Agent notice of each Borrowing by means of a Borrowing Request Form containing the information required therein and delivered (by hand deliver or telecopy by email) to Administrative Agent no later than 5:00 p.m. (New York, NY time) on the day prior to which the Borrowing is desired to be funded. Each Borrowing shall be in an amount no less than $[***] up to the Maximum Facility Amount less outstanding Borrowings. Administrative Agent at its option may accept telephonic requests for such Borrowings, provided that such acceptance shall not constitute a duly waiver of Administrative Agent’s right to require delivery of a Borrowing Request Form in connection with subsequent Borrowings. Any telephonic request for a Borrowing by Borrower shall be promptly confirmed by submission of a properly completed Borrowing Request in Form to Administrative Agents, but failure to deliver a Borrowing Request Form shall not be a defense to payment of the form of Exhibit A (i) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, three Business Days before such Borrowing, and (ii) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, one Business Day before such Borrowing. Such notice No Lender shall be irrevocable have liability to Borrower for any loss or damage suffered by Xxxxxxxx as a result of Xxxxxxx’ honoring of any requests, execution of any instructions, authorizations or agreements or reliance on any reports communicated to it telephonically, by facsimile or electronically and purporting to have been sent to Administrative Agent by Xxxxxxxx and Lenders shall in each case specify (A) whether have no duty to verify the Borrowing then being requested is to be a Eurodollar Borrowing origin of any such communication or an ABR Borrowing; (B) the date identity or authority of such Borrowing (which shall be a Business Day) and the amount thereof; and (C) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto, which shall not end after the Maturity DatePerson sending it. If no election as Subject to the Type terms and conditions of Borrowing is specified in any such noticethis Agreement, then the requested each Borrowing shall be made available to Borrower by depositing the same, in immediately available funds, in an ABR account of Borrower designated by Xxxxxxxx maintained with Administrative Agent at the Principal Office. If, after giving effect to a requested Borrowing. If no Interest Period with respect , there is a Borrowing Base Deficiency, or if Administrative Agent determines (either then or on any later day in the course of reviewing the same) that the Borrowing Request Form submitted to any Eurodollar Borrowing it is specified incomplete or incorrect in any such noticematerial respect, then Lenders shall withhold the entire Borrowing until Borrower shall be deemed have demonstrated to have selected an Interest Period of one month's duration (subject to the limitations set forth in the definition of "Interest Period"). If the Borrower shall not have given notice in accordance with this Section 2.03 of its election to refinance a Borrowing prior to the end of the Interest Period in effect for such Borrowing, then the Borrower shall (unless Administrative Agent’s reasonable satisfaction that such Borrowing Request Form is repaid at the end of such Interest Periodin fact not (or is no longer) be deemed to have given notice of an election to refinance such Borrowing with an ABR Borrowing. Notwithstanding incomplete or incorrect in any other provision of this Agreement to the contrary, no Borrowing shall be requested if the Interest Period with respect thereto would end after the scheduled Maturity Date. The Agent shall promptly advise the Lenders of any notice given pursuant to this Section 2.03 and of each Lender's portion of the requested Borrowingmaterial respect.

Appears in 1 contract

Samples: Credit and Security Agreement (loanDepot, Inc.)

Borrowing Procedure. In order to request effect a Borrowing, the Borrower shall hand deliver or telecopy to the Administrative Agent a duly completed Borrowing Request notice in substantially the form of Exhibit A D or such other form as may be approved by the Administrative Agent (iincluding any form on an electronic platform or electronic transmission system as shall be approved by the Administrative Agent), appropriately completed and signed by a Responsible Officer of the Borrower (a) in the case of a Eurodollar LIBOR Borrowing, not later than 11:00 a.m.12:00 Noon, New York City time, three Business Days before such a proposed Borrowing, and (iib) in the case of an ABR Borrowing, not later than 11:00 a.m.2:00 P.M., New York City time, one Business Day before such on the day of a proposed Borrowing. Such notice shall be irrevocable and shall in each case specify (Aa) whether the Borrowing then being requested is to be a Eurodollar LIBOR Borrowing or an ABR Borrowing; , (Bb) the date of such Borrowing (which shall be a Business Day) and the amount thereof; thereof and (Cc) if such Borrowing is to be a Eurodollar LIBOR Borrowing, the Interest Period with respect thereto, which shall not end after the Maturity Date. If no election as to the Interest Rate Type of a Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar LIBOR Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's duration (subject to the limitations set forth in the definition of "Interest Period")’s duration. If the Borrower shall not have given notice in accordance with this Section 2.03 2.3 of its election to refinance a Borrowing prior to the end of the Interest Period in effect for such Borrowing, then the Borrower shall (unless such Borrowing is repaid at the end of such Interest Period) be deemed to have given notice of an election to refinance such Borrowing, subject to Section 2.8, with a LIBOR Borrowing with an ABR Borrowing. Notwithstanding any other provision of this Agreement to the contrary, no Borrowing shall be requested if the Interest Period with respect thereto would end after the scheduled Maturity Dateone month’s duration. The Administrative Agent shall promptly advise the Lenders of any notice given pursuant to this Section 2.03 2.3 and of each Lender's ’s portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Wyndham Worldwide Corp)

Borrowing Procedure. In order to request a Borrowing, the Borrower shall hand deliver or telecopy to the Agent a duly completed Borrowing Request in the form of Exhibit A (ia) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, three Business Days before such Borrowing, and (iib) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, one Business Day before such Borrowing. Such notice shall be irrevocable and shall in each case specify (Ai) whether the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; (Bii) the date of such Borrowing (which shall be a Business Day) and the amount thereof; and (Ciii) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto, which shall not end after the Maturity Date. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's duration (subject to the limitations set forth in the definition of "Interest Period"). If the Borrower shall not have given notice in accordance with this Section 2.03 of its election to refinance a Borrowing prior to the end of the Interest Period in effect for such Borrowing, then the Borrower shall (unless such Borrowing is repaid at the end of such Interest Period) be deemed to have given notice of an election to refinance such Borrowing with an ABR Borrowing. Notwithstanding any other provision of this Agreement to the contrary, no Borrowing shall be requested if the Interest Period with respect thereto would end after the scheduled Maturity Date. The Agent shall promptly advise the Lenders of any notice given pursuant to this Section 2.03 and of each Lender's portion of the requested Borrowing.ABR

Appears in 1 contract

Samples: Credit Agreement (Txu Corp /Tx/)

Borrowing Procedure. In order to request a Borrowing, the Borrower shall hand deliver or telecopy to the Administrative Agent a duly completed Borrowing Request in the form of Exhibit A Request: (ia) in the case of a Eurodollar Fixed Rate Borrowing, not later than 11:00 a.m., New York, New York City time, three Business Days before such Borrowing, (b) in the case of a Euro Borrowing or an Australian Dollar Borrowing, not later than 9:00 a.m., New York, New York time, three Business Days before such Borrowing, and (iic) in the case of an ABR Borrowing, not later than 11:00 a.m., New York, New York City time, one Business Day before on the day of such Borrowing. Such notice shall be irrevocable and shall in each case specify specify: (Ai) whether the Borrowing then being requested is to be a Eurodollar Fixed Rate Borrowing or an ABR Borrowing; (Bii) whether the Borrowing is a Revolving Borrowing or a Swingline Borrowing and if a Swingline Borrowing, the applicable Available Currency in which the Borrower requests such Borrowing to be denominated; (iii) the date of such Borrowing (which shall be a Business Day) and the amount thereof; and (Civ) if such Borrowing is to be a Eurodollar Fixed Rate Borrowing, the Interest Period with respect thereto, which shall not end after the Maturity Date; provided that (A) the Borrower may not request a Fixed Rate Dollar Swingline Borrowing, an ABR Australian Dollar Swingline Borrowing nor an ABR Euro Swingline Borrowing and (B) each such Borrowing of the type described in clause (A) preceding shall not be available herein. If no election as to the Type of Type, currency or facility applicable to such Borrowing is specified in any such notice, then the requested Borrowing shall will be an a ABR Dollar Swingline Borrowing. If no Interest Period with respect to any Eurodollar Fixed Rate Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's duration (subject to the limitations set forth in the definition of "Interest Period"). If the Borrower shall not have given notice in accordance with this Section 2.03 of its election to refinance a Borrowing prior to the end of the Interest Period in effect for such Borrowing, then the Borrower shall (unless such Borrowing is repaid at the end of such Interest Period) be deemed to have given notice of an election to refinance such Borrowing with an ABR Borrowingduration. Notwithstanding any other provision of this Agreement to the contrary, no Borrowing shall be requested if the Interest Period with respect thereto would end after the scheduled Maturity Date. The When a Revolving Borrowing is requested, the Administrative Agent shall promptly advise the Revolving Lenders of any the notice given pursuant to this Section 2.03 and of each Revolving Lender's portion of the requested Borrowing. When a Swingline Borrowing is requested, the Administrative Agent shall promptly advise the Swingline Lender of the notice given pursuant to this Section 2.03.

Appears in 1 contract

Samples: Intercreditor Agreement (Lennox International Inc)

Borrowing Procedure. In order to request a Borrowing, the Borrower shall provide the Administrative Agent, via hand deliver delivery, telecopy or telecopy to the Agent telephone (promptly confirmed via telecopy), a duly completed Borrowing Request in the form of Exhibit A (ia) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, three Business Days before such Borrowing, and (iib) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, one Business Day before such Borrowing. Such notice shall be irrevocable and shall in each case specify (Ai) whether the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; (Bii) the date of such Borrowing (which shall be a Business Day) and the amount thereof; and (Ciii) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto, which shall not end after the Maturity Date. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's duration (subject to the limitations set forth in the definition of "Interest Period"). If the Borrower shall not have given notice in accordance with this Section 2.03 of its election to refinance a Borrowing prior to the end of the Interest Period in effect for such Borrowing, then the Borrower shall (unless such Borrowing is repaid at the end of such Interest Period) be deemed to have given notice of an election to refinance such Borrowing with an ABR Borrowing. Notwithstanding any other provision of this Agreement to the contrary, no Borrowing shall be requested if the Interest Period with respect thereto would end after the scheduled Maturity Date. The Administrative Agent shall promptly advise the Lenders of any notice given pursuant to this Section 2.03 and of each Lender's portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Txu Corp /Tx/)

Borrowing Procedure. In order to request a Standby Borrowing, the a Borrower shall hand deliver or telecopy to the Administrative Agent a duly completed Standby Borrowing Request in the form of Exhibit A A-5 (ia) in the case of a Eurodollar Borrowing, not later than 11:00 10:00 a.m., New York City Houston time, three Business Days before such Borrowing, and (iib) in the case of an ABR Borrowing, not later than 11:00 10:00 a.m., New York City Houston time, one Business Day before on the day of such Borrowing. No Fixed Rate Loan shall be requested or made pursuant to a Standby Borrowing Request. Such notice shall be irrevocable and shall in each case specify (Ai) whether the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; (Bii) the date of such Standby Borrowing (which shall be a Business Day) and the amount thereof; and (Ciii) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto, which shall not end after the Maturity Date. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's duration (subject to the limitations set forth in the definition of "Interest Period")duration. If the a Borrower shall not have given notice in accordance with this Section 2.03 2.04 of its election to refinance a Standby Borrowing prior to the end of the Interest Period in effect for such Borrowing, then the such Borrower shall (unless such Borrowing is repaid at the end of such Interest Period) be deemed to have given notice of an election to refinance such Borrowing with an ABR Borrowing. Notwithstanding any other provision of this Agreement to the contrary, no Borrowing shall be requested if the Interest Period with respect thereto would end after the scheduled Maturity Date. The Administrative Agent shall promptly advise the Lenders of any notice given pursuant to this Section 2.03 2.04 and of each Lender's portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Facility Agreement (Texas Utilities Electric Co)

Borrowing Procedure. In order to request a Borrowing, the Borrower shall give Lender notice of each Borrowing by means of a Borrowing Request Form containing the information required therein and delivered (by hand deliver or telecopy by mechanically confirmed facsimile) to Lender no later than 1:00 p.m. (Dallas, Texas time) on the Agent day on which the Borrowing is desired to be funded. Lender at its option may accept telephonic requests for such Borrowings, provided that such acceptance shall not constitute a duly waiver of Lender’s right to require delivery of a Borrowing Request Form in connection with subsequent Borrowings. Any telephonic request for a Borrowing by Borrower shall be promptly confirmed by submission of a properly completed Borrowing Request Form to Lender, but failure to deliver a Borrowing Request Form shall not be a defense to payment of the Borrowing. Lender shall have no liability to Borrower for any loss or damage suffered by Borrower as a result of Lender’s honoring of any requests, execution of any instructions, authorizations or agreements or reliance on any reports communicated to it telephonically, by facsimile or electronically and purporting to have been sent to Lender by Borrower and Lender shall have no duty to verify the origin of any such communication or the identity or 18 Credit and Security Agreement authority of the Person sending it. Subject to the terms and conditions of this Agreement, each Borrowing shall be made available to Borrower by depositing the same, in immediately available funds, in an account of Borrower designated by Borrower maintained with Lender at the Principal Office. If, after giving effect to a requested Borrowing, there is a Borrowing Base Deficiency, or if the Lender determines (either then or on any later day in the form course of Exhibit A (ireviewing the same) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, three Business Days before such Borrowing, and (ii) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, one Business Day before such Borrowing. Such notice shall be irrevocable and shall in each case specify (A) whether that the Borrowing then being requested Request Form submitted to it is to be a Eurodollar Borrowing incomplete or an ABR Borrowing; (B) the date of such Borrowing (which shall be a Business Day) and the amount thereof; and (C) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto, which shall not end after the Maturity Date. If no election as to the Type of Borrowing is specified incorrect in any such noticematerial respect, then the requested Lender shall withhold the entire Borrowing until Borrower shall be an ABR Borrowing. If have demonstrated to the Lender’s reasonable satisfaction that such Borrowing Request Form is in fact not (or is no Interest Period with respect to any Eurodollar Borrowing is specified longer) incomplete or incorrect in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's duration (subject to the limitations set forth in the definition of "Interest Period"). If the Borrower shall not have given notice in accordance with this Section 2.03 of its election to refinance a Borrowing prior to the end of the Interest Period in effect for such Borrowing, then the Borrower shall (unless such Borrowing is repaid at the end of such Interest Period) be deemed to have given notice of an election to refinance such Borrowing with an ABR Borrowing. Notwithstanding any other provision of this Agreement to the contrary, no Borrowing shall be requested if the Interest Period with respect thereto would end after the scheduled Maturity Date. The Agent shall promptly advise the Lenders of any notice given pursuant to this Section 2.03 and of each Lender's portion of the requested Borrowingmaterial respect.

Appears in 1 contract

Samples: Credit and Security Agreement (loanDepot, Inc.)

Borrowing Procedure. In order to request a Borrowing, the The Borrower shall hand deliver or telecopy request the borrowing of a Loan by delivering to the Agent Lender a duly completed written Borrowing Request in Notice signed by the form of Exhibit A (i) in Borrower, which shall be delivered to the case of a Eurodollar Borrowing, not Lender by no later than 11:00 a.m., New York City time, three Business Days before [*] days (or such Borrowing, and (iishorter period as may be agreed by the Lender) in prior to the case date of an ABR Borrowing, not later than 11:00 a.m., New York City time, one Business Day before such Borrowingthe requested borrowing. Such notice Each Borrowing Notice shall be irrevocable and shall in each case specify (Ai) whether that a Loan is requested by the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; Borrower, (Bii) the date of such Borrowing the requested borrowing (which shall be a Business DayDay not less than [*] days after delivery, or such shorter period as may be agreed by the Lender), (iii) the aggregate principal amount of the Loan to be borrowed, (iv) the specific purposes to which the proceeds of such Loan shall be applied (as permitted by Section 2.5 below) by reference to specific account creditors, amounts to be paid, account creditor payment remittance information and the amount thereof; other applicable information, and (Cv) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto, which shall not end after the Maturity Date. If no election other information and certifications as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's duration (subject to the limitations set forth in the definition form of "Interest Period")Borrowing Notice and as the Lender shall otherwise have reasonably requested. If Each submittal of a Borrowing Notice by the Borrower to the Lender shall not have given notice constitute a separate representation, warranty and covenant by the Borrower to use and apply the proceeds of the Loan solely as set forth in accordance with this Section 2.03 of its election to refinance such Borrowing Notice. All amounts requested by the Borrower in a Borrowing prior Notice shall be due and payable to the end of applicable account creditors specified therein within [*] Business Days following the Interest Period in effect for such Borrowing, then the Borrower shall (unless such Borrowing is repaid at the end of such Interest Period) be deemed to have given notice of an election to refinance such Borrowing with an ABR Borrowing. Notwithstanding any other provision of this Agreement to the contrary, no Borrowing shall be requested if the Interest Period with respect thereto would end after the scheduled Maturity Date. The Agent shall promptly advise the Lenders of any notice given pursuant to this Section 2.03 and of each Lender's portion date of the requested Borrowingborrowing. The Lender, in its sole discretion, may advance the Loan to the Borrower either (x) by deposit of such Loan to the Borrower’s Account; (y) by direct payment to the account creditors (for the benefit of the Borrower) pursuant to the information provided in the applicable Borrowing Notice; or (z) a combination of (x) and (y). No Loan shall be advanced if a Default or Event of Default has occurred and is continuing (unless the Lender has waived the relevant Default or Event of Default for the purpose of advancing the Loan).

Appears in 1 contract

Samples: Stream Credit Agreement (Royal Standard Minerals Inc)

Borrowing Procedure. In order to request a Borrowing to refinance Loans made under Section 2.04(b) or to refinance any such Borrowing, the Borrower shall provide the Administrative Agent, via hand deliver delivery, telecopy or telecopy to the Agent telephone (promptly confirmed via telecopy), a duly completed Borrowing Request in the form of Exhibit A (ia) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, three Business Days before such Borrowing, and (iib) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, one Business Day before such Borrowing. Such notice shall be irrevocable and shall in each case specify (Ai) whether the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; (Bii) the date of such Borrowing (which shall be a Business Day) and the amount thereof; and (Ciii) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto, which shall not end after the Maturity Date. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's duration (subject to the limitations set forth in the definition of "Interest Period"). If the Borrower shall not have given notice in accordance with this Section 2.03 of its election to refinance a Borrowing prior to the end of the Interest Period in effect for such Borrowing, then the Borrower shall (unless such Borrowing is repaid at the end of such Interest Period) be deemed to have given notice of an election to refinance such Borrowing with an ABR Borrowing. Notwithstanding any other provision of this Agreement to the contrary, no Borrowing shall be requested if the Interest Period with respect thereto would end after the scheduled Maturity Date. The Administrative Agent shall promptly advise the Lenders of any notice given pursuant to this Section 2.03 and of each Lender's portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Txu Corp /Tx/)

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Borrowing Procedure. In order to request a Borrowing, the a Borrower shall hand deliver or telecopy to the Agent a duly completed Borrowing Request in the form of Exhibit A (i) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, three Business Days before such Borrowing, and (ii) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, one Business Day before such Borrowing. Such notice shall be irrevocable and shall in each case specify (A) whether the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; , (B) the date of such Borrowing (which shall be a Business Day) and the amount thereof; , and (C) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto, which shall not end after the Maturity Date. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's duration (subject to the limitations set forth in the definition of "Interest Period"). If the a Borrower shall not have given notice in accordance with this Section 2.03 of its election to refinance a Borrowing prior to the end of the Interest Period in effect for such Borrowing, then the such Borrower shall (unless such Borrowing is repaid at the end of such Interest Period) be deemed to have given notice of an election to refinance such Borrowing with an ABR Borrowing. Notwithstanding any other provision of this Agreement to the contrary, no Borrowing shall be requested if the Interest Period with respect thereto would end after the scheduled Maturity Date. The Agent shall promptly advise the Lenders of any notice given pursuant to this Section 2.03 and of each Lender's portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Txu Corp /Tx/)

Borrowing Procedure. In order to (a) To request a Borrowing, the Borrower shall hand deliver or telecopy to the Administrative Agent a duly completed Borrowing Request borrowing request in the form of Exhibit A hereto (ia) in the case of a Eurodollar Borrowing, not later than 11:00 a.m.12:00 noon, New York City time, three Business Days before any such Borrowing, proposed Borrowing and (iib) in the case of an ABR Borrowing, not later than 12:00 noon, New York City time (except that the Borrower shall use its best efforts to make such request by 11:00 a.m., New York City time), one Business Day before on the day of such proposed Borrowing. Such notice shall be irrevocable and shall in each case specify (Ai) whether the such Borrowing then being requested is to be of Revolving Loans or Term Loans, a Eurodollar Borrowing or an ABR Borrowing; , (Bii) the date of such Borrowing (which shall be a Business Day) and the amount thereof; thereof and (Ciii) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto, which shall not end after the Maturity Date. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's duration (subject to the limitations set forth in the definition of "Interest Period")duration. If the Borrower shall not have given notice in accordance with this Section 2.03 of its election to refinance continue or convert a Borrowing prior to the end of the Interest Period in effect for such Borrowing, then the Borrower shall (unless such Borrowing is repaid at the end of such Interest Period) be deemed to have given notice of an election to refinance convert or continue such Borrowing with an ABR Borrowing. Notwithstanding any other provision of this Agreement to the contrary, no Borrowing shall be requested if the Interest Period with respect thereto would end after the scheduled Maturity Date. The Administrative Agent shall promptly advise the Lenders of any notice given pursuant to this Section 2.03 and of each Lender's portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Metris Companies Inc)

Borrowing Procedure. In order to request a Borrowing, the Borrower shall give Lender notice of each Borrowing by means of a Borrowing Request Form containing the information required therein and delivered (by hand deliver or telecopy by mechanically confirmed facsimile) to Lender no later than 1:00 p.m. (Dallas, Texas time) on the Agent day on which the Borrowing is desired to be funded. Lender at its option may accept telephonic requests for such Borrowings, provided that such acceptance shall not constitute a duly waiver of Lender’s right to require delivery of a Borrowing Request Form in connection with subsequent Borrowings. Any telephonic request for a Borrowing by Borrower shall be promptly confirmed by submission of a properly completed Borrowing Request Form to Lender, but failure to deliver a Borrowing Request Form shall not be a defense to payment of the Borrowing. Lender shall have no liability to Borrower for any loss or damage suffered by Xxxxxxxx as a result of Xxxxxx’s honoring of any requests, execution of any instructions, authorizations or agreements or reliance on any reports communicated to it telephonically, by facsimile or electronically and purporting to have been sent to Lender by Borrower and Lender shall have no duty to verify the origin of any such communication or the identity or authority of the Person sending it. Subject to the terms and conditions of this Agreement, each Borrowing shall be made available to Borrower by depositing the same, in immediately available funds, in an account of Borrower designated by Borrower maintained with Lender at the Principal Office. If, after giving effect to a requested Borrowing, there is a Borrowing Base Deficiency, or if the Lender determines (either then or on any later day in the form course of Exhibit A (ireviewing the same) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, three Business Days before such Borrowing, and (ii) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, one Business Day before such Borrowing. Such notice shall be irrevocable and shall in each case specify (A) whether that the Borrowing then being requested Request Form submitted to it is to be a Eurodollar Borrowing incomplete or an ABR Borrowing; (B) the date of such Borrowing (which shall be a Business Day) and the amount thereof; and (C) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto, which shall not end after the Maturity Date. If no election as to the Type of Borrowing is specified incorrect in any such noticematerial respect, then the requested Lender shall withhold the entire Borrowing until Borrower shall be an ABR Borrowing. If have demonstrated to the Lender’s reasonable satisfaction that such Borrowing Request Form is in fact not (or is no Interest Period with respect to any Eurodollar Borrowing is specified longer) incomplete or incorrect in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's duration (subject to the limitations set forth in the definition of "Interest Period"). If the Borrower shall not have given notice in accordance with this Section 2.03 of its election to refinance a Borrowing prior to the end of the Interest Period in effect for such Borrowing, then the Borrower shall (unless such Borrowing is repaid at the end of such Interest Period) be deemed to have given notice of an election to refinance such Borrowing with an ABR Borrowing. Notwithstanding any other provision of this Agreement to the contrary, no Borrowing shall be requested if the Interest Period with respect thereto would end after the scheduled Maturity Date. The Agent shall promptly advise the Lenders of any notice given pursuant to this Section 2.03 and of each Lender's portion of the requested Borrowingmaterial respect.

Appears in 1 contract

Samples: Credit and Security Agreement (loanDepot, Inc.)

Borrowing Procedure. In order to request effect a Borrowing, the Borrower shall hand deliver or telecopy to the Administrative Agent a duly completed Borrowing Request substantially in the form of Exhibit A D (ia) in the case of a Eurodollar BorrowingBorrowing of LIBOR Loans, not later than 11:00 a.m.2:00 p.m., New York City time, three Business Working Days before such a proposed Borrowing, and (iib) in the case of an ABR Borrowing or an FFR Borrowing, not later than 11:00 a.m.2:00 p.m., New York City time, one Business Day before such on the day of a proposed Borrowing. Such notice shall be irrevocable and shall in each case specify (A) whether the Borrowing then being requested is to be a Eurodollar Borrowing of LIBOR Loans, an ABR Borrowing or an ABR FFR Borrowing; , (B) the date of such Borrowing (which shall be a Business Working Day) and the amount thereof; thereof and (C) if such Borrowing is to be a Eurodollar BorrowingBorrowing of LIBOR Loans, the Interest Period with respect thereto, which shall not end after the Maturity Date. If no election as to the Interest Rate Type of a Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing of LIBOR Loans is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's duration (subject to the limitations set forth in the definition of "Interest Period")’s duration. If the Borrower shall not have given notice in accordance with this Section 2.03 2.5 of its election to refinance a Borrowing prior to the end of the Interest Period in effect for such Borrowing, then the Borrower shall (unless such Borrowing is repaid at the end of such Interest Period) be deemed to have given notice of an election to refinance such Borrowing with an ABR Borrowing. Notwithstanding any other provision of this Agreement to the contrary, no Borrowing shall be requested if the Interest Period with respect thereto would end after the scheduled Maturity Date. The Administrative Agent shall promptly advise the Lenders of any notice given pursuant to this Section 2.03 2.5 and of each such Lender's ’s portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (PHH Corp)

Borrowing Procedure. In order to request a Borrowing, the Borrower shall hand deliver or telecopy send via facsimile to the Agent a duly completed Borrowing Request in the form of Exhibit A (i) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, three Business Days before such Borrowing, and (ii) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, one Business Day before such Borrowing and (iii) in the case of the initial Borrowing, not later than 9:00 a.m. New York City time, on the day of such Borrowing. Such notice shall be irrevocable and shall in each case specify (A) whether the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; , (B) the date of such Borrowing (which shall be a Business Day) and the amount thereof; and , (C) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto, which shall not end after the Applicable Maturity DateDate and (D) the location and number of the Borrower's account to which funds are to be disbursed, which shall comply with the requirements of this Agreement. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's duration (subject to the limitations set forth in the definition of "Interest PeriodINTEREST PERIOD"). If the Borrower shall not have given notice in accordance with this Section 2.03 of its election to refinance a Borrowing prior to the end of the Interest Period in effect for such Borrowing, then the Borrower shall (unless such Borrowing is repaid at the end of such Interest Period) be deemed to have given notice of an election to refinance such Borrowing with an ABR Borrowing. Notwithstanding any other provision of this Agreement to the contrary, no Borrowing shall be requested if the Interest Period with respect thereto would end after the scheduled Applicable Maturity Date. The Agent shall promptly advise the Lenders of any notice given pursuant to this Section 2.03 and of each Lender's portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Txu Corp /Tx/)

Borrowing Procedure. In order to request a Borrowing, the Borrower shall hand deliver or telecopy (or telephonic notice promptly confirmed by telecopy) to the Administrative Agent a duly completed Borrowing Request Notice in the form of Exhibit A (ia) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, three Business Days before such Borrowing, and (iib) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, one Business Day before such Borrowing. Such notice shall be irrevocable and shall in each case specify (Ai) whether the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; (Bii) the date of such Borrowing (which shall be a Business Day) and the amount thereof; and (Ciii) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto, which shall not end after the Maturity Termination Date; and (iv) remittance instructions for such Borrowing. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's duration (subject to the limitations set forth in the definition of "Interest Period"). If the Borrower shall not have given notice in accordance with this Section 2.03 of its election to refinance a Borrowing prior to the end of the Interest Period in effect for such Borrowing, then the Borrower shall (unless such Borrowing is repaid at the end of such Interest Period) be deemed to have given notice of an election to refinance such Borrowing with an ABR Borrowing. Notwithstanding any other provision of this Agreement to the contrary, no Borrowing shall be requested if the Interest Period with respect thereto would end after the scheduled Maturity Termination Date. The Administrative Agent shall promptly advise the Lenders of any notice given pursuant to this Section 2.03 and of each Lender's portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Oncor Electric Delivery Co)

Borrowing Procedure. In order Subject to request the terms and conditions of this Agreement, each Lender severally agrees to make an initial advance of the Loan to the Borrower and the Borrower agrees to borrow in a Borrowingsingle advance by September 30, 2000 at least 50% of the Commitment Amount on a pro rata basis determined by the Commitment of such Lender, with the remaining portion to be drawn in a single advance by December 31, 2000. Any portion of the Commitment Amount which remains undrawn after December 31, 2000 shall no longer be available to the Borrower. No amount of the Loan repaid or prepaid by the Borrower may be reborrowed hereunder. By delivering a Borrowing Request to the Administrative Agent on or before 3:00 p.m., New York time, on a Business Day, the Borrower shall hand deliver or telecopy may irrevocably request, on not less than three Business Days' notice for a LIBO Advance and one Business Days' notice for a Base Rate Advance, that a Borrowing be made. On the terms and subject to the Agent a duly completed conditions of this Agreement, each Borrowing Request shall be made on the Business Day specified in the form of Exhibit A (i) in the case of a Eurodollar Borrowing, not later than such Borrowing Request. On or before 11:00 a.m., New York City time, three Business Days before such Borrowing, and (ii) in on the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, one Business Day before such Borrowing. Such notice shall be irrevocable and shall specified in each case specify (A) whether the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; (B) the date of such Borrowing (which shall be a Business Day) and Request, each Lender shall, without any set-off or counterclaim, deposit with the Administrative Agent same day funds in an amount thereof; and (C) if equal to such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto, which shall not end after the Maturity Date. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's duration (subject to the limitations set forth in the definition of "Interest Period"). If the Borrower shall not have given notice in accordance with this Section 2.03 of its election to refinance a Borrowing prior to the end of the Interest Period in effect for such Borrowing, then the Borrower shall (unless such Borrowing is repaid at the end of such Interest Period) be deemed to have given notice of an election to refinance such Borrowing with an ABR Borrowing. Notwithstanding any other provision of this Agreement to the contrary, no Borrowing shall be requested if the Interest Period with respect thereto would end after the scheduled Maturity Date. The Agent shall promptly advise the Lenders of any notice given pursuant to this Section 2.03 and of each Lender's portion 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 so received from the Lenders, the Administrative Agent shall, without any set-off or counterclaim, make such funds available to the Borrower on the Business Day specified in the relevant Borrowing Request by wire transfer of same day funds 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 (Royal Caribbean Cruises LTD)

Borrowing Procedure. In order to request a Borrowing, the a Borrower shall hand deliver or telecopy to the Agent a duly completed Borrowing Request in the form of Exhibit A (i) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, three Business Days before such Borrowing, and (ii) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, one Business Day before such Borrowing. Such notice shall be irrevocable and shall in each case specify (A) whether the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; , (B) the Tranche of such Borrowing, (C) the date of such Borrowing (which shall be a Business Day) and the amount thereof; , and (CD) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto, which shall not end after the Applicable Commitment Termination Date, in the case of Tranche B Borrowings and Tranche C Borrowings, or the Term Loan Maturity Date, in the case of Tranche A Borrowings. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's duration (subject to the limitations set forth in the definition of "Interest Period"). If the a Borrower shall not have given notice in accordance with this Section 2.03 of its election to refinance a Borrowing prior to the end of the Interest Period in effect for such Borrowing, then the such Borrower shall (unless such Borrowing is repaid at the end of such Interest Period) be deemed to have given notice of an election to refinance such Borrowing with an ABR Borrowing. Notwithstanding any other provision of this Agreement to the contrary, no Borrowing shall be requested if the Interest Period with respect thereto would end after the scheduled Applicable Commitment Termination Date, in the case of Tranche B Borrowings and Tranche C Borrowings, or the Term Loan Maturity Date, in the case of Tranche A Borrowings. The Agent shall promptly advise the Lenders of any notice given pursuant to this Section 2.03 and of each Lender's portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Txu Corp /Tx/)

Borrowing Procedure. In order to request a Borrowing, the a Borrower shall hand deliver or telecopy send via facsimile to the Agent a duly completed Borrowing Request in the form of Exhibit A (i) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, three Business Days before such Borrowing, and (ii) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, one Business Day before such Borrowing. Such notice shall be irrevocable and shall in each case specify (A) whether the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; , (B) the date of such Borrowing (which shall be a Business Day) and the amount thereof; , and (C) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto, which shall not end after the Maturity Commitment Termination Date. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be deemed an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's ’s duration (subject to the limitations set forth in the definition of "Interest Period"). If the a Borrower shall not have given notice in accordance with this Section 2.03 of its election to refinance a Borrowing prior to the end of the Interest Period in effect for such Borrowing, then the such Borrower shall (unless such Borrowing is repaid at the end of such Interest Period) be deemed to have given notice of an election to refinance such Borrowing with an ABR Borrowing. Notwithstanding any other provision of this Agreement to the contrary, no Borrowing shall be requested if the Interest Period with respect thereto would end after the scheduled Maturity Commitment Termination Date. The Agent shall promptly advise the Lenders of any notice given pursuant to this Section 2.03 and of each Lender's ’s portion of the requested Borrowing.

Appears in 1 contract

Samples: Revolving Credit Agreement (Txu Us Holdings Co)

Borrowing Procedure. In order to request effect a Borrowing, the Borrower shall hand deliver or telecopy to the Administrative Agent a duly completed Borrowing Request in the form of Exhibit A E (ia) in the case of a Eurodollar LIBOR Borrowing, not later than 11:00 a.m.12:00 (noon), New York City time, three Business Days before such a proposed Borrowing, and (iib) in the case of an ABR Borrowing, not later than 11:00 a.m.12:00 (noon), New York City time, one Business Day before such on the day of a proposed Borrowing. Such notice Borrowing Request shall be irrevocable and shall in each case specify (Aa) whether the Borrowing then being requested is to be a Eurodollar LIBOR Borrowing or an ABR Borrowing; , (Bb) the date of such Borrowing (which shall be a Business Day) and the amount thereof; thereof and (Cc) if such Borrowing is to be a Eurodollar LIBOR Borrowing, the Interest Period with respect thereto, which shall not end after the Maturity Date. If no election as to the Interest Rate Type of a Borrowing is specified in any such noticeBorrowing Request, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar LIBOR Borrowing is specified in any such noticeBorrowing Request, then the Borrower shall be deemed to have selected an Interest Period of one month's duration (subject to the limitations set forth in the definition of "Interest Period")’s duration. If the Borrower shall not have given notice a Borrowing Request in accordance with this Section 2.03 2.6 of its election to refinance a Borrowing prior to the end of the Interest Period in effect for such Borrowing, then the Borrower shall (unless such Borrowing is repaid at the end of such Interest Period) be deemed to have given notice of an election to refinance such Borrowing with an ABR Borrowing. Notwithstanding any other provision of this Agreement to the contrary, no Borrowing shall be requested if the Interest Period with respect thereto would end after the scheduled Maturity Date. The Administrative Agent shall promptly advise the Lenders of any notice given pursuant to this Section 2.03 2.6 and of each Lender's ’s portion of the requested Borrowing.

Appears in 1 contract

Samples: Term Loan Agreement (Cendant Corp)

Borrowing Procedure. In order to request a Borrowing, the Borrower shall hand deliver or telecopy to the Administrative Agent a duly completed Borrowing Request in the form of Exhibit A (ia) in the case of a Eurodollar Borrowing, not later than 11:00 10:30 a.m., New York City time, three Business Days before such Borrowing, a proposed Borrowing and (iib) in the case of an ABR Borrowing, not later than 11:00 10:30 a.m., New York City time, one Business Day before such on the day of a proposed Borrowing. Such notice shall be irrevocable and shall in each case specify (Ai) whether the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; (Bii) the date of such Borrowing (which shall be a Business Day) and the amount thereof; , and (Ciii) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto, which shall not end after the Revolving Maturity Date. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's duration (subject to the limitations set forth in the definition of "Interest Period"). If the Borrower shall not have given notice in accordance with this Section 2.03 of its election to refinance a Borrowing prior to the end of the Interest Period in effect for such Borrowing, then the Borrower shall (unless such Borrowing is repaid at the end of such Interest Period) be deemed to have given notice of an election to refinance such Borrowing with an ABR Borrowingduration. Notwithstanding any other provision of this Agreement to the contrary, no the Borrower shall not be entitled to request any Borrowing shall be requested if the Interest Period requested with respect thereto to such Borrowing would end after the scheduled Revolving Maturity Date. The Administrative Agent shall promptly advise the Lenders of any notice given pursuant to this Section 2.03 and of each Lender's portion of the requested Borrowing.

Appears in 1 contract

Samples: Lucent Technologies Inc

Borrowing Procedure. In order to request a Borrowing, the a Borrower shall hand deliver or telecopy to the Agent a duly completed Borrowing Request in the form of Exhibit A (ia) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, three Business Days before such Borrowing, and (iib) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, one Business Day before such Borrowing. Such notice shall be irrevocable and shall in each case specify (Ai) whether the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; (Bii) the date of such Borrowing (which shall be a Business Day) and the amount thereof; and (Ciii) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto, which shall not end after the Maturity Date. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's duration (subject to the limitations set forth in the definition of "Interest Period"). If the a Borrower shall not have given notice in accordance with this Section 2.03 of its election to refinance a Borrowing prior to the end of the Interest Period in effect for such Borrowing, then the such Borrower shall (unless such Borrowing is repaid at the end of such Interest Period) be deemed to have given notice of an election to refinance such Borrowing with an ABR Borrowing. Notwithstanding any other provision of this Agreement to the contrary, no Borrowing shall be requested if the Interest Period with respect thereto would end after the scheduled Maturity Date. The Agent shall promptly advise the Lenders of any notice given pursuant to this Section 2.03 and of each Lender's portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Txu Corp /Tx/)

Borrowing Procedure. In order to request a Borrowing, the Borrower shall hand deliver or telecopy send via facsimile to the Agent a duly completed Borrowing Request in the form of Exhibit A (i) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, three Business Days before such Borrowing, and (ii) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, one Business Day before such Borrowing, and (iii) in the case of the initial Borrowing, not later than 9:00 a.m., New York City time, on the day of such Borrowing. Such notice shall be irrevocable and shall in each case specify (A) whether the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; , (B) the date of such Borrowing (which shall be a Business Day) and the amount thereof; and , (C) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto, which shall not end after the Maturity Date, and (D) the location and number of the Borrower's account to which funds are to be disbursed, which shall comply with the requirements of this Agreement. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be deemed an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's duration (subject to the limitations set forth in the definition of "Interest Period"). If the Borrower shall not have given notice in accordance with this Section 2.03 of its election to refinance a Borrowing prior to the end of the Interest Period in effect for such Borrowing, then the Borrower shall (unless such Borrowing is repaid at the end of such Interest Period) be deemed to have given notice of an election to refinance such Borrowing with an ABR Borrowing. Notwithstanding any other provision of this Agreement to the contrary, no Borrowing shall be requested if the Interest Period with respect thereto would end after the scheduled Maturity Date. The Agent shall promptly advise the Lenders of any notice given pursuant to this Section 2.03 and of each Lender's portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Txu Corp /Tx/)

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a Mandatory Borrowing), the Borrower shall hand deliver or telecopy send via facsimile to the Agent a duly completed Borrowing Request in the form of Exhibit A (i) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, three Business Days before such Borrowing, and (ii) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, one Business Day before such Borrowing. Such notice shall be irrevocable and shall in each case specify (A) whether the Borrowing then being requested is to be a Eurodollar Borrowing or an ABR Borrowing; , (B) the date of such Borrowing (which shall be a Business Day) and the amount thereof; and , (C) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto, which shall not end after the Maturity DateCommitment Termination Date and (D) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of this Agreement. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be deemed an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's ’s duration (subject to the limitations set forth in the definition of "Interest Period"). If the Borrower shall not have given notice in accordance with this Section 2.03 of its election to refinance a Borrowing prior to the end of the Interest Period in effect for such Borrowing, then the Borrower shall (unless such Borrowing is repaid at the end of such Interest Period) be deemed to have given notice of an election to refinance such Borrowing with an ABR Borrowing. Notwithstanding any other provision of this Agreement to the contrary, no Borrowing shall be requested if the Interest Period with respect thereto would end after the scheduled Maturity Commitment Termination Date. The Agent shall promptly advise the Lenders of any notice given pursuant to this Section 2.03 and of each Lender's ’s portion of the requested Borrowing.

Appears in 1 contract

Samples: Revolving Credit Agreement (Oncor Electric Delivery Co LLC)

Borrowing Procedure. In order to request effect a Borrowing, the Borrower shall hand deliver or telecopy to the Administrative Agent a duly completed Borrowing Request in the form of Exhibit A F (ia) in the case of a Eurodollar LIBOR Borrowing, not later than 11:00 a.m.12:00 (noon), New York City time, three Business Days before such a proposed Borrowing, and (iib) in the case of an ABR Borrowing, not later than 11:00 a.m.12:00 (noon), New York City time, one Business Day before such on the day of a proposed Borrowing. Such notice Borrowing Request shall be irrevocable and shall in each case specify (Aa) whether the Borrowing then being requested is to be a Eurodollar LIBOR Borrowing or an ABR Borrowing; , (Bb) the date of such Borrowing (which shall be a Business Day) and the amount thereof; thereof and (Cc) if such Borrowing is to be a Eurodollar LIBOR Borrowing, the Interest Period with respect thereto, which shall not end after the Maturity Date. If no election as to the Interest Rate Type of a Borrowing is specified in any such noticeBorrowing Request, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar LIBOR Borrowing is specified in any such noticeBorrowing Request, then the Borrower shall be deemed to have selected an Interest Period of one month's duration (subject to the limitations set forth in the definition of "Interest Period")duration. If the Borrower shall not have given notice a Borrowing Request in accordance with this Section 2.03 2.5 of its election to refinance a Borrowing prior to the end of the Interest Period in effect for such Borrowing, then the Borrower shall (unless such Borrowing is repaid at the end of such Interest Period) be deemed to have given notice of an election to refinance such Borrowing with an ABR Borrowing. Notwithstanding any other provision of this Agreement to the contrary, no Borrowing shall be requested if the Interest Period with respect thereto would end after the scheduled Maturity Date. The Administrative Agent shall promptly advise the Lenders of any notice given pursuant to this Section 2.03 2.5 and of each Lender's portion of the requested Borrowing.

Appears in 1 contract

Samples: Term Loan Agreement (Cendant Corp)

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