Common use of Borrowing Requests Clause in Contracts

Borrowing Requests. Except as provided in Sections 2.06(c), each Borrowing shall be made upon notice by the Borrower to the Administrative Agent in the manner provided herein. Any such notice must be given in writing so that it is received no later than (1) in the case of any Borrowing of Swing Line Advances, 12:00 noon (New York time) on the Business Day of the proposed Advance Date set forth therein and (2) in the case of any Borrowing of Revolving Credit Advances, 12:00 noon (New York time) on the Business Day prior to the Business Day of the proposed Advance Date set forth therein. Each such notice (a “Borrowing Request”) shall (i) be substantially in the form of Exhibit 2.03(a), (ii) be irrevocable and (iii) specify the amount of the requested Borrowing (which shall be in a minimum amount of $1,000,000) and the proposed Advance Date (which shall be a Business Day), and shall include such other information as may be reasonably required by the Lenders and the Administrative Agent; provided; that no such notice shall be required for the Borrowing on the Initial Funding Date of (x) the Term Loan or (y) the initial Swing Line Advance or initial Revolving Credit Advance hereunder. Unless a LIBOR Rate Disruption Event shall have occurred, each Advance shall be a LIBOR Rate Advance and, for the avoidance of doubt, LIBOR Rate Advances may be requested for any Advance Date. Notwithstanding anything herein to the contrary, if the Borrower requests any Borrowing in a principal amount that is less than or equal to the Swing Line Availability as of the date such Borrowing Request is delivered, such requested Borrowing shall initially be funded as a Swing Line Advance (until such Swing Line Advance is refunded in accordance with Section 2.01(b)); provided, that if the Swing Line Lender has elected (or will elect) not to make any portion of a Swing Line Advance pursuant to the proviso to the first sentence of Section 2.01(b), the Borrower may request that a Borrowing instead be funded as a Revolving Credit Advance.

Borrowing Requests. Except as provided in Sections 2.06(c), each Borrowing shall be made upon notice Each request by the Borrower to the Administrative Agent Lender for an Advance based on the Eurodollar Rate (as defined in the manner provided herein. Any such notice must Section 4) (a “Eurodollar Rate Advance”) will be given in writing so that it is received no not later than 1:00 P.M. ( New York time) three (13) Business Days (as defined below) prior to the date of such proposed Advance, and each request by the Borrower to the Lender for an Advance based on a Quoted Rate (as defined in the case of any Borrowing of Swing Line Advances, 12:00 noon Section 4) (a “Quoted Rate Advance”) will be given not later than 10:00 A.M. (New York time) on the date of such proposed Advance. Each request will specify (i) the date on which the Borrower wishes the Advance to be made (which will be a day of the year on which banks are not required or authorized by law to close in New York City and, if the applicable Business Day relates to a Eurodollar Rate Advance, on which dealings are carried on in the London interbank market and banks are open for business in London (“Business Day”)), (ii) the amount it wishes to borrow (which will be in the amount of $1,000,000 or an integral multiple thereof), (iii) the duration of the proposed interest period (“Interest Period”) it wishes to apply to such Advance, (iv) whether such Advance Date set forth therein will be a Eurodollar Rate Advance or a Quoted Rate Advance and (2v) subject to the Borrower’s right to prepay in accordance with Section 3, the date on which the principal of the Advance will be repaid (the “Repayment Date”), which shall be the last day of the Interest Period for such Advance. The duration of each Interest Period will be, with respect to Eurodollar Rate Advances, one, two, or three months, as selected by the Borrower, and with respect to Quoted Rate Advances, a term requested by the Borrower and agreed to by the Lender not to exceed three months, provided that (i) each Interest Period selected by the Borrower must commence on or prior to the Termination Date; (ii) whenever the last day of an Interest Period would otherwise occur on a day other than a Business Day, the last day of such Interest Period will be extended to occur on the next succeeding Business Day, provided that, in the case of a Eurodollar Rate Advance, if such extension would cause the last day of such Interest Period to occur in the next following calendar month, the last day of such Interest Period will occur on the next preceding Business Day; and (iii) with respect to a Eurodollar Rate Advance, whenever the first day of any Borrowing Interest Period occurs on a day of Revolving Credit Advancesan initial calendar month for which there is no numerically corresponding day in the calendar month that succeeds such initial calendar month by the number of months equal to the number of months in such Interest Period, 12:00 noon such Interest Period will end on the last Business Day of such succeeding calendar month. If the Lender agrees to make such Advance, it will make such funds available by 2:00 P.M. (New York time) on the Business Day date of such proposed Advance, to the Borrower in same day funds by crediting the account specified by the Borrower prior to the Business Day making of the proposed Advance Date set forth therein. Each such notice (a “Borrowing Request”) shall (i) be substantially in the form of Exhibit 2.03(a), (ii) be irrevocable and (iii) specify the amount of the requested Borrowing (which shall be in a minimum amount of $1,000,000) and the proposed Advance Date (which shall be a Business Day), and shall include such other information as may be reasonably required by the Lenders and the Administrative Agent; provided; that no such notice shall be required for the Borrowing on the Initial Funding Date of (x) the Term Loan or (y) the initial Swing Line Advance or initial Revolving Credit Advance hereunder. Unless a LIBOR Rate Disruption Event shall have occurred, each Advance shall be a LIBOR Rate Advance and, for the avoidance of doubt, LIBOR Rate Advances may be requested for any Advance Date. Notwithstanding anything herein to the contrary, if the Borrower requests any Borrowing in a principal amount that is less than or equal to the Swing Line Availability as of the date such Borrowing Request is delivered, such requested Borrowing shall initially be funded as a Swing Line Advance (until such Swing Line Advance is refunded in accordance with Section 2.01(b)); provided, that if the Swing Line Lender has elected (or will elect) not to make any portion of a Swing Line Advance pursuant to the proviso to the first sentence of Section 2.01(b), the Borrower may request that a Borrowing instead be funded as a Revolving Credit Advance.

Borrowing Requests. Except as provided in Sections 2.06(c), each Borrowing shall be made upon notice by the Borrower to the Administrative Agent in the manner provided herein. Any such notice must be given in writing so that it is received no later than (1) in the case of any Borrowing of Swing Line Advances, 12:00 noon (New York time) on the Business Day of the proposed Advance Date set forth therein and (2) in the case of any Borrowing of Revolving Credit Advances, 12:00 noon (New York time) on the Business Day prior to the Business Day of the proposed Advance Date set forth therein. Each such notice (a “Borrowing Request”) shall (i) be substantially in the form of Exhibit 2.03(a), (ii) be irrevocable and (iii) specify the amount of the requested Borrowing (which shall be in a minimum amount of $1,000,000) and the proposed Advance Date (which shall be a Business Day), and shall include such other information as may be reasonably required by the Lenders and the Administrative Agent; provided; , that no such notice shall be required for the Borrowing on the Initial Funding Restatement Effective Date of (x) the Term Loan or (y) the initial Swing Line Advance or initial Revolving Credit Advance hereunder. Unless a LIBOR Rate Disruption Event shall have occurred, each Advance shall be a LIBOR Rate Advance and, for the avoidance of doubt, LIBOR Rate Advances may be requested for any Advance Date. Notwithstanding anything herein to the contrary, if the Borrower requests any Borrowing in a principal amount that is less than or equal to the Swing Line Availability as of the date such Borrowing Request is delivered, such requested Borrowing shall initially be funded as a Swing Line Advance (until such Swing Line Advance is refunded in accordance with Section 2.01(b)); provided, that if the Swing Line Lender has elected (or will elect) not to make any portion of a Swing Line Advance pursuant to the proviso to the first sentence of Section 2.01(b), the Borrower may request that a Borrowing instead be funded as a Revolving Credit Advance.

Borrowing Requests. Except as provided in Sections 2.06(c), each Borrowing shall be made upon notice by the Borrower to the Administrative Agent in the manner provided herein. Any such notice must be given in writing so that it is received no later than (1) in the case of any Borrowing of Swing Line Advances, 12:00 noon (New York time) on the Business Day of the proposed Advance Date set forth therein and (2) in the case of any Borrowing of Revolving Credit Advances, 12:00 noon (New York time) on the Business Day prior to the Business Day of the proposed Advance Date set forth therein. Each such notice (a “Borrowing Request”) shall (i) be substantially in the form of Exhibit 2.03(a), (ii) be irrevocable and (iii) specify the amount of the requested Borrowing (which shall be in a minimum amount of $1,000,000) and the proposed Advance Date (which shall be a Business Day), and shall include such other information as may be reasonably required by the Lenders and the Administrative Agent; provided; , that no such notice shall be required for the Borrowing on the Initial Funding Restatement Effective Date of (x) the Term Loan or (y) the initial Swing Line Advance or initial Revolving Credit Advance hereunder. Unless a LIBOR Rate Disruption Event shall have occurred, each Advance shall be a LIBOR Rate Advance and, for the avoidance of doubt, LIBOR Rate Advances may be requested for any Advance Date. Notwithstanding anything herein to the contrary, if the Borrower requests any Borrowing in a principal amount that is less than or equal to the Swing Line Availability as of the date such Borrowing Request is delivered, such requested Borrowing shall initially be funded as a Swing Line Advance (until such Swing Line Advance is refunded in accordance with Section 2.01(b)); provided, that if the Swing Line Lender has elected (or will elect) not to make any portion of a Swing Line Advance pursuant to the proviso to the first sentence of Section 2.01(b), the Borrower may request that a Borrowing instead be funded as a Revolving Credit Advance.. Third Amended and Restated Credit and Security Agreement

Borrowing Requests. Except as provided in Sections 2.06(c), each Borrowing shall be made upon notice by the The Borrower may from time to the Administrative Agent in the manner provided herein. Any such notice must be given in writing so that it is received no later than (1) in the case of any Borrowing of Swing Line Advances, 12:00 noon (New York time) on the Business Day of the proposed Advance Date set forth therein and (2) in the case of any Borrowing of Revolving Credit Advances, 12:00 noon (New York time) on the Business Day time prior to the Business Day Maturity Date (but not more often than once per calendar month, unless agreed by the Lender in its sole discretion) request a loan under Section 2.1 by providing to the Lender a completed written notice in the form of the proposed Advance Date set forth therein. Each such notice Exhibit B (a “Borrowing Request”) shall by e-mail not later than noon (iBoston time) be substantially in on the form of Exhibit 2.03(a), 10th Business Day prior to the requested Disbursement Date. Each Borrowing Request must (ii) be irrevocable and (iiia) specify the amount of the requested Borrowing term loan (which shall be in a minimum amount not less than $100,000 and an integral multiple of $1,000,00010,000) and the proposed Advance Date (which shall be a Business Day), and shall include such other information as may be reasonably required by the Lenders and the Administrative Agent; provided; that no such notice shall be required for the Borrowing on the Initial Funding Date of identify (x) the Term Equipment to be purchased with the proceeds of such Loan or along with the contracted price thereof and (y) the initial Swing Line Advance or initial Revolving Credit Advance hereunder. Unless a LIBOR Rate Disruption Event shall have occurred, each Advance shall Project for which such Equipment will be a LIBOR Rate Advance and, purchased (for the avoidance of doubt, LIBOR Rate Advances more than one Project may be requested for any Advance Date. Notwithstanding anything herein to the contrary, if the Borrower requests any Borrowing specified in a principal amount that is less than or equal to Borrowing Request, but in such event the Swing Line Availability as of the date such Borrowing Request shall specify the amount allocated to each Project), (b) (i) if such term loan is deliveredthe first advance with respect to a particular Project, attach the applicable Project Budget and Development Plan for such requested Borrowing shall initially be funded as a Swing Line Advance (until such Swing Line Advance is refunded Project in accordance with Section 2.01(b)); 5.2 and (ii) for each subsequent draw, attach the applicable Project Budget and Development Plan for such Project if such Project Budget and/or Development Plan has materially changed in accordance with Section 5.2, (c) specify the planned use of proceeds (which shall be satisfactory to the Lender, in compliance with the applicable Project Budget and consistent with the applicable Development Plan) and (d) certify that the development of the Project as of the Disbursement Date is in compliance with the Development Plan, including achievement of the milestones on the timeline set forth therein. Lender shall respond to each Borrowing Request within 10 Business Days, with either acceptance or rejection with explanation. In the case of a rejected Borrowing Request, the Borrower shall have the opportunity to revise the Borrowing Request and resubmit even within the same calendar month. The Lender may rely on the wiring instructions provided by the Borrower and the Borrower will indemnify the Lender for any loss the Lender suffers due to such reliance. Unless the Borrower directs the Lender otherwise (including pursuant to this Section 2.2) each loan will be made by wiring the amount thereof to the general account of Soluna DV Services, LLC (currently the operating entity of the Borrower) at KeyBank, according to the following account information: Beneficiary Name: KeyBank Beneficiary ABA: 000000000 Bank Location: 60 X Xxxxx Xxxxxx Xxxxxx, XX 00000 Xxxxxx Xxxxxx Beneficiary Customer: Soluna DV Services, LLC Beneficiary Address: 300 Xxxxxxxxxx Xxx Xxxxxxxxx, Xxxxxx, XX 00000 Beneficiary Customer Account Number: 329681395136 provided, that the Lender may request, at its option and in its sole discretion, and upon such request the Borrower shall include in such Borrowing Request a direction that the Lender advance the funds requested thereunder directly to a supplier of the applicable Equipment specified in the use of proceeds of such Borrower Request. The Borrower shall request loans hereunder only at times and in amounts consistent with the applicable Project Budget (subject to permissible overages in accordance with Section 7.1(c)) and Development Plan unless otherwise agreed in writing by the Lender. Notwithstanding anything to the contrary herein, the proceeds of the initial Borrowing hereunder may be applied as a reimbursement of Equipment previously purchased by Borrower if (1) the Swing Line applicable Borrowing Request specifies the amount of such reimbursement, (2) itemized invoices evidencing applicable purchases are attached to the applicable Borrowing Request, (3) proof of applicable payments are attached to the applicable Borrowing Request, and (4) Lender has elected approves such reimbursements (or will elect) such approval not to make any portion of a Swing Line Advance pursuant to the proviso to the first sentence of Section 2.01(bbe unreasonably withheld), and proceeds of such initial Borrowing approved for reimbursement may be distributed by Borrower to an affiliate of Borrower on the Borrower may request that a Borrowing instead be funded as a Revolving Credit Advancedate of such Borrowing.

Borrowing Requests. Except as provided in Sections 2.06(c), each Borrowing shall be made upon notice by the Borrower to the Administrative Agent in the manner provided herein. Any such notice must be given in writing so that it is received no later than (1) in the case of any Borrowing of Swing Line Advances, 12:00 noon (New York time) on the Business Day of the proposed Advance Date set forth therein and (2) in the case of any Borrowing of Revolving Credit Advances, 12:00 noon (New York time) on the Business Day prior to the Business Day of the proposed Advance Date set forth therein. Each such notice (a “Borrowing Request”) shall (i) be substantially in the form of Exhibit 2.03(a), (ii) be irrevocable and (iii) specify the amount of the requested Borrowing (which shall be in a minimum amount of $1,000,000) and the proposed Advance Date (which shall be a Business Day), and shall include such other information as may be reasonably required by the Lenders and the Administrative Agent; provided; , that no such notice shall be required for the Borrowing on the Initial Funding Restatement Effective Date of (x) the Term Loan or (y) the initial Swing Line Advance or initial Revolving Credit Advance hereunder. Unless a LIBOR Rate Disruption Event shall have occurred, each Advance shall be a LIBOR Rate Advance and, for the avoidance of doubt, LIBOR Rate Advances may be requested for any Advance Date. Notwithstanding anything herein to the contrary, if the Borrower requests any Borrowing in a principal amount that is less than or equal to the Swing Line Availability as of the date such Borrowing Request is delivered, such requested Borrowing shall initially be funded as a Swing Line Advance (until such Swing Line Advance is refunded in accordance with Section 2.01(b)); provided, that if the Swing Line Lender has elected (or will elect) not to make any portion of a Swing Line Advance pursuant to the proviso to the first sentence of Section 2.01(b), the Borrower may request that a Borrowing instead be funded as a Revolving Credit Advance.. Amended and Restated Credit and Security Agreement

Borrowing Requests. Except as provided in Sections 2.06(c), each Borrowing shall be made upon notice Any Borrower may from time to time request a loan under Section 2.1.1 by the Borrower providing to the Administrative Agent a notice (which may be given by a telephone call received by a Lending Officer if promptly confirmed in the manner provided hereinwriting). Any such Such notice must be given in writing so that it is received no not later than (1) in the case of any Borrowing of Swing Line Advances, 12:00 noon (New York Boston time) on the Business Day of requested Closing Date, (which shall be the proposed Advance Date set forth therein and (2) in the case of any Borrowing of Revolving Credit Advances, 12:00 noon (New York time) on the Business third Banking Day prior to the Business Day requested Closing Date for such loan if any portion of such loan will be subject to a Eurodollar Pricing Option on the proposed Advance Date set forth thereinrequested Closing Date). Each If such notice requested that a loan, or any portion thereof, be made subject to a Eurodollar Pricing Option, and the Agent shall have notified the Borrower pursuant to Section 3.2.2 that such election did not become effective, the notice shall be deemed to have been made for a loan at the Base Rate. The notice must specify (a “Borrowing Request”a) shall (i) be substantially in the form of Exhibit 2.03(a), (ii) be irrevocable and (iii) specify the amount of the requested Borrowing loan (which shall be in a minimum amount not less than $100,000 and an integral multiple of $1,000,00010,000), (b) and the proposed Advance requested Closing Date therefor (which shall be a Business Banking Day), ) and shall include such other information as may be reasonably required by the Lenders and the Administrative Agent; provided; that no such notice shall be required for the Borrowing on the Initial Funding Date of (xc) the Term Loan portion of the requested loan that is to be used for purposes other than Permitted Acquisitions. Upon receipt of such notice, the Agent will promptly inform each other Lender (by telephone or (y) otherwise). Each such loan will be made at the initial Swing Line Advance or initial Revolving Credit Advance hereunderBoston Office by depositing the amount thereof to the general account of such Borrower with the Agent. Unless In connection with each such loan, such Borrower shall furnish to the Agent a LIBOR Rate Disruption Event shall have occurred, each Advance shall be a LIBOR Rate Advance and, for certificate in substantially the avoidance form of doubt, LIBOR Rate Advances may be requested for any Advance DateExhibit 5.4.1. Notwithstanding anything herein contained in this Agreement, (i) the Agent may, in its sole discretion, make Revolving Loans to any Borrower under Section 2.1 at any time and in any amount and may apply any such Revolving Loan to cover the Credit Obligations of such Borrower then due and (ii) subject to all the terms and conditions of this Agreement and so long as no Default exists, if any payment of interest due under this Agreement in respect of the Revolving Loan is not paid when due, the Agent will make Revolving Loans to the contrary, if Borrower under Section 2.1 on the Borrower requests any Borrowing third Banking Day after such payment of interest became due in a principal the amount that is less than or equal to the Swing Line Availability as of the date interest then due and will apply any such Borrowing Request is delivered, such requested Borrowing shall initially be funded as Revolving Loan to cover the interest then due (each Revolving Loan made under clauses (i) or (ii) of this paragraph being a Swing Line Advance (until such Swing Line Advance is refunded in accordance with Section 2.01(b"CREDIT OBLIGATION ADVANCE")); provided, that if the Swing Line Lender has elected (or will elect) not to make any portion of a Swing Line Advance pursuant to the proviso to the first sentence of Section 2.01(b), the Borrower may request that a Borrowing instead be funded as a Revolving Credit Advance.

Borrowing Requests. Except as provided in Sections 2.06(c), each Borrowing shall be made upon notice Each request by the Borrower to the Administrative Agent Lender for a Loan shall be by the submission of a Request for Loan in the manner provided hereinform annexed hereto as Exhibit B (the “Request for Loan”). Any such notice must Each request for a Loan will bear interest based on the Eurodollar Rate (a “Eurodollar Rate Loan ”) and will be given in writing so that it is received no not later than 1:00 P.M. ( New York time) three (13) Business Days (as defined below) prior to the date of such proposed Loan. Each request will specify (i) the date on which the Borrower wishes the Loan to be made (which will be a day of the year on which banks are not required or authorized by law to close in New York City and, if the applicable Business Day relates to a Eurodollar Rate Loan, on which dealings are carried on in the case London interbank market and banks are open for business in London (“Business Day”)), (ii) the amount it wishes to borrow (which will be in the minimum amount of $1,000,000 or an integral multiple thereof), (iii) the duration of the interest period (“Interest Period”) it wishes to apply to such Loan, and (iv) subject to the Borrower’s right to prepay in accordance with this Agreement, the maturity date of such Loan (the “Maturity Date”), which shall be not more than three (3) months from the date of the Loan and on or prior to the Termination Date. The duration of each Interest Period will be one day, one week, one, two, or three months, as selected by the Borrower, provided that (i) each Interest Period selected by the Borrower must end on or prior to the earlier of the Maturity Date or the Termination Date; (ii) whenever the last day of an Interest Period would otherwise occur on a day other than a Business Day, the last day of such Interest Period will be extended to occur on the next succeeding Business Day, provided that, as to each Eurodollar Rate Loan, if such extension would cause the last day of such Interest Period to occur in the next following calendar month, the last day of such Interest Period will occur on the next preceding Business Day; and (iii) with respect to each Eurodollar Rate Loan, whenever the first day of any Borrowing Interest Period occurs on a day of Swing Line Advancesan initial calendar month for which there is no numerically corresponding day in the calendar month that succeeds such initial calendar month by the number of months equal to the number of months in such Interest Period, 12:00 noon such Interest Period will end on the last Business Day of such succeeding calendar month. If the Lender agrees to make such Loan, it will make such funds available by 2:00 P.M. (New York time) on the Business Day date of such proposed Loan, to the proposed Advance Date set forth therein and (2) Borrower in same day funds by crediting the deposit account of Borrower with Lender specified in the case of any Borrowing of Revolving Credit Advances, 12:00 noon (New York time) on the Business Day prior to the Business Day of the proposed Advance Date set forth therein. Each such notice (a “Borrowing Request”) shall (i) be substantially in the form of Exhibit 2.03(a), (ii) be irrevocable and (iii) specify the amount of the requested Borrowing (which shall be in a minimum amount of $1,000,000) and the proposed Advance Date (which shall be a Business Day), and shall include such other information as may be reasonably required by the Lenders and the Administrative Agent; provided; that no such notice shall be required Request for the Borrowing on the Initial Funding Date of (x) the Term Loan or (y) the initial Swing Line Advance or initial Revolving Credit Advance hereunder. Unless a LIBOR Rate Disruption Event shall have occurred, each Advance shall be a LIBOR Rate Advance and, for the avoidance of doubt, LIBOR Rate Advances may be requested for any Advance Date. Notwithstanding anything herein to the contrary, if the Borrower requests any Borrowing in a principal amount that is less than or equal to the Swing Line Availability as of the date such Borrowing Request is delivered, such requested Borrowing shall initially be funded as a Swing Line Advance (until such Swing Line Advance is refunded in accordance with Section 2.01(b)); provided, that if the Swing Line Lender has elected (or will elect) not to make any portion of a Swing Line Advance pursuant to the proviso to the first sentence of Section 2.01(b), the Borrower may request that a Borrowing instead be funded as a Revolving Credit AdvanceLoan.

Borrowing Requests. Except as provided The Borrower may from time to time request an Advance under Section 2.1 by providing to the Lender a borrowing request in Sections 2.06(csubstantially the form of Exhibit 2.2 (each, a “Borrowing Request”), each . Such Borrowing shall Request must be made upon notice received by the Borrower to the Administrative Agent in the manner provided herein. Any such notice must be given in writing so that it is received no Lender not later than (1) in the case of any Borrowing of Swing Line Advances, 12:00 noon (New York Boston time) on the Business Day of the proposed Advance Date set forth therein and (2) in the case of any Borrowing of Revolving Credit Advances, 12:00 noon (New York time) on the fifth Business Day prior to the Business Day of the proposed Advance requested Closing Date set forth thereinfor such Advance. Each such notice Such Borrowing Request must specify: (a “Borrowing Request”a) shall (i) be substantially in the form of Exhibit 2.03(a), (ii) be irrevocable and (iii) specify the amount of the requested Borrowing (Advance, which shall be in a minimum amount not less than $1,000,000 and an integral multiple of $1,000,000100,000; (b) and the proposed Advance requested interest rate for such Advance; (c) the requested Closing Date (for such Advance, which shall be a Business Day), and shall include such other information as may be reasonably required by the Lenders and the Administrative Agent; provided; that no such notice shall be required for the Borrowing on the Initial Funding Date of (xd) the Term Loan or Maturity Date for such advance; (ye) the initial Swing Line Advance or initial Revolving Credit Advance hereunder. Unless a LIBOR Rate Disruption Event shall have occurredtype and quantity of the Permitted Commodity to be purchased with the proceeds of such Advance; and (f) the terms of all financing, each Advance shall be a LIBOR Rate Advance andpurchase, for the avoidance of doubt, LIBOR Rate Advances may be requested for any Advance Date. Notwithstanding anything herein hedging and sale contracts and arrangements (i) which relate to the contrary, if Permitted Commodity to be purchased with the proceeds of such Advance and (ii) to which the Borrower requests any is or will be party. Upon receipt of such Borrowing Request, the Lender (A) shall, in its sole and absolute discretion, consider the Borrower’s request for such Advance and (B) shall provide the Borrower a principal amount that is less than written notice which approves or equal to the Swing Line Availability as of the date rejects such Borrowing Request is delivered, no later than five Business Days after receipt of such requested Borrowing shall initially be funded as a Swing Line Advance (until such Swing Line Advance is refunded in accordance with Section 2.01(b))Request; provided, however, that if the Swing Line Lender has elected (or will elect) not shall have failed to provide such written notice within five Business Days after receipt of such Borrowing Request, then the Lender shall be deemed to have rejected such Borrowing Request. If the Lender, in its sole and absolute discretion, approves such Borrowing Request, then, subject to all the other terms and conditions of this Agreement and so long as no Default exists, the Lender shall, on the Closing Date for such Advance specified in such Borrowing Request, make any portion such Advance by wire transfer of a Swing Line Advance pursuant immediately available funds to the proviso to account of the first sentence of Section 2.01(b)Borrower designated on Exhibit 2.2. In connection with each such Advance, the Borrower may request that shall furnish to the Lender a Borrowing instead be funded as a Revolving Credit Advancecertificate in substantially the form or Exhibit 5.2.1.