Common use of Deemed Requests for Loan Clause in Contracts

Deemed Requests for Loan. Unless payment is otherwise timely made by the Borrower, the becoming due of any Obligation (other than any Bank Products Obligations) shall be deemed irrevocably to be a Request for Loan on the due date of, and in an aggregate amount required to pay such Obligation (other than any Bank Products Obligations), and the proceeds of a Revolving Loan that is a Base Rate Loan made pursuant thereto may be disbursed by way of direct payment of the relevant Obligation. The Lenders shall have no obligation to the Borrower to honor any deemed Request for Loan under this Section 2.3(g) unless, subject to the funding requirements of the Lenders under Sections 2.2(d) and 2.3(b)(ii), all the conditions set forth in Section 4.2 have been satisfied, but, with the consent of the Lenders required under the last sentence of Section 4.2, may do so in their sole and absolute discretion and without regard to the existence of, and without being deemed to have waived, any Default or Event of Default and without regard to the failure by the Borrower to satisfy any of the conditions set forth in Section 4.2. No further authorization, direction or approval by the Borrower shall be required for any deemed Request for Loan under this Section 2.3(g). The Administrative Agent shall promptly provide to the Borrower written notice of any Loan made pursuant to this Section 2.3(g).

Appears in 3 contracts

Samples: Credit Agreement (Vulcan Materials CO), Credit Agreement (Vulcan Materials CO), Credit Agreement (Vulcan Materials CO)

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Deemed Requests for Loan. Unless payment is otherwise timely made by the BorrowerBorrowers, the becoming due of any Obligation (amount required to be paid under this Agreement or any of the other than any Bank Products Obligations) Loan Documents as principal, interest, reimbursement obligations in connection with Letters of Credit, premiums, fees, reimbursable expenses or other sums payable hereunder shall be deemed irrevocably to be a Request for Loan on the due date of, and in an aggregate amount required to pay pay, such Obligation (principal, interest, reimbursement obligations in connection with Letters of Credit, premiums, fees, reimbursable expenses or other than any Bank Products Obligations)sums payable hereunder, and the proceeds of a Revolving Loan that is a Base Rate Loan made pursuant thereto may be disbursed by way of direct payment of the relevant ObligationObligation and shall bear interest as a Base Rate Loan. The Lenders shall have no obligation to the Borrower Borrowers to honor any deemed Request for Loan under this Section 2.3(g2.2(f) unless, subject to the funding requirements of the Lenders under Sections 2.2(d) and 2.3(b)(ii), unless all the conditions set forth in Section 4.2 have been satisfied, but, with the consent of the Lenders required under the last sentence of Section 4.2, may do so in their sole and absolute discretion and without regard to the existence of, and without being deemed to have waived, any Default or Event of Default and without regard to the existence or creation of an Overadvance or the failure by the Borrower Borrowers to satisfy any of the conditions set forth in Section 4.2. No further authorization, direction or approval by the Borrower Borrowers shall be required to be given by the Borrowers for any deemed Request for Loan under this Section 2.3(g). The Administrative Agent shall promptly provide to the Borrower written notice of any Loan made pursuant to this Section 2.3(g2.2(f).

Appears in 2 contracts

Samples: Security Agreement (Zayo Group LLC), Credit Agreement (Zayo Group LLC)

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Deemed Requests for Loan. Unless payment is otherwise timely made by the Borrower, the becoming due of any Obligation (other than any Bank Products Obligations) shall be deemed irrevocably to be a Request for Loan on the due date of, and in an aggregate amount required to pay such Obligation (other than any Bank Products Obligations)Obligation, and the proceeds of a Revolving Loan that is a Base Rate Loan made pursuant thereto may be disbursed by way of direct payment of the relevant Obligation. The Lenders shall have no obligation to the Borrower to honor any deemed Request for Loan under this Section 2.3(g) unless, subject to the funding requirements of the Lenders under Sections 2.2(d) and Section 2.3(b)(ii), all the conditions set forth in Section 4.2 have been satisfied, but, with the consent of the Lenders required under the last sentence of Section 4.2, may do so in their sole and absolute discretion and without regard to the existence of, and without being deemed to have waived, any Default or Event of Default and without regard to the failure by the Borrower to satisfy any of the conditions set forth in Section 4.2. No further authorization, direction or approval by the Borrower shall be required for any deemed Request for Loan under this Section 2.3(g). The Administrative Agent shall promptly provide to the Borrower written notice of any Loan made pursuant to this Section 2.3(g).

Appears in 1 contract

Samples: Day Credit Agreement (Vulcan Materials CO)

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