Disbursement of Advances. (a) The applicable Borrower shall give the Agent notice of its request for an Advance in substantially the form of Exhibit H hereto not later than 1:00 p.m. Detroit time (i) three LIBOR Business Days prior to the date such Borrowing is requested to be made if such Borrowing is to be made as a LIBOR Borrowing, (ii) five Business Days prior to the date any Letter of Credit Borrowing is requested to be made, (iii) three Business Days prior to the date such Borrowing is requested to be made if such Borrowing is to be made as an Acceptance Borrowing and (iv) one Business Day prior to the date such Borrowing is requested to be made in all other cases, which notice shall specify whether a LIBOR Borrowing, Floating Rate Borrowing, Acceptance or Letter of Credit Borrowing is requested and, in the case of each requested LIBOR Borrowing or Acceptance Borrowing, the Interest Period to be initially applicable to such Borrowing and, in the case of each Letter of Credit Borrowing, such information as may be necessary for the issuance thereof by the Agent. The Applicable Borrower shall give the Agent notice of its request for each Swingline Loan in substantially the form of Exhibit I hereto not later than 1:00 p.m. Detroit time on the same Business Day such Swingline Loan is requested to be made. The Agent, not later than the Business Day next succeeding the day such notice is given, shall provide notice of such requested Borrowing (not including Swingline Loans) to each Lender. Subject to the terms and conditions of this Agreement, the proceeds of each such requested Borrowing or Swingline Loan shall be made available to such Borrower by depositing the proceeds thereof in immediately available funds, in an account maintained and designated by such Borrower at the principal office of the Agent in the case of U.S. Advances and at the principal office of NBD Canada in the case of Canadian Advances. Subject to the terms and conditions of this Agreement, the Agent shall, on the date any Letter of Credit Borrowing is requested to be made, issue the related Letter of Credit on behalf of the Lenders for the account of the Company. Notwithstanding anything herein to the contrary, the Agent may decline to issue any requested Letter of Credit on the basis that the beneficiary, the purpose of issuance or the terms or the conditions of drawing are unacceptable to it in its reasonable discretion.
Appears in 3 contracts
Samples: Security Agreement (BMG North America LTD), Credit Agreement (BMG North America LTD), Credit Agreement (BMG North America LTD)
Disbursement of Advances. (a) The applicable Borrower shall give the Agent notice of its request for an Advance in substantially the form of Exhibit H J hereto not later than 1:00 p.m. Detroit time (i) three LIBOR Business Days prior to the date such Borrowing is requested to be made if such Borrowing is to be made as a LIBOR Borrowing, (ii) five Business Days prior to the date any Letter of Credit Borrowing is requested to be made, (iii) three Business Days prior to the date such Borrowing is requested to be made if such Borrowing is to be made as an Acceptance Borrowing and (iv) one Business Day prior to the date such Borrowing is requested to be made in all other casescases (other than Swingline Loans), which notice shall specify whether a LIBOR Borrowing, Floating Rate Borrowing, Acceptance or Letter of Credit Borrowing is requested and, in the case of each requested LIBOR Borrowing or Acceptance Borrowing, the Interest Period to be initially applicable to such Borrowing and, in the case of each Letter of Credit Borrowing, such information as may be necessary for the issuance thereof by the Agent. The Applicable Borrower shall give the Agent notice of its request for each Swingline Loan in substantially the form of Exhibit I K hereto not later than 1:00 p.m. Detroit time on the same Business Day such Swingline Loan is requested to be made. The Agent, not later than the Business Day next succeeding the day such notice is given, shall provide notice of such requested Borrowing (not including Swingline Loans) to each Lender. Subject to the terms and conditions of this Agreement, the proceeds of each such requested Borrowing or Swingline Loan shall be made available to such Borrower by depositing the proceeds thereof in immediately available funds, in an account maintained and designated by such Borrower at the principal office of the Agent in the case of U.S. Advances and at the principal office of First Chicago/NBD Canada in the case of Canadian Advances. Subject to the terms and conditions of this Agreement, the Agent shall, on the date any Letter of Credit Borrowing is requested to be made, issue the related Letter of Credit on behalf of the Lenders for the account of the Company. Notwithstanding anything herein to the contrary, the Agent may decline to issue any requested Letter of Credit on the basis that the beneficiary, the purpose of issuance or the terms or the conditions of drawing are unacceptable to it in its reasonable discretion.
Appears in 3 contracts
Samples: Credit Agreement (Prudenville Manufacturing Inc), Credit Agreement (Oxford Automotive Inc), Credit Agreement (Prudenville Manufacturing Inc)
Disbursement of Advances. (a) The applicable Except with respect to Swing Line Loans, a Borrower shall give the Agent notice of its request for an each Advance in substantially the form of Exhibit H E hereto at the principal office of the Agent and at the Applicable Administrative Office with respect to such Advance not later than 1:00 p.m. Detroit 11:00 a.m. local time of the Applicable Administrative Office (i) three LIBOR Eurocurrency Business Days prior to the date such Borrowing Advance is requested to be made if such Borrowing is to be made as a LIBOR Eurocurrency Rate Borrowing, and (ii) five three Business Days prior to the date any Letter of Credit Borrowing Advance is requested to be made, made and (iii) three Business Days prior to on the date such Borrowing Advance is requested to be made if such Borrowing Advance is to be made as an Acceptance Borrowing and (iv) one Business Day prior to the date such Borrowing is requested to be made in all other cases, which a Floating Rate Borrowing. Such notice shall specify whether a LIBOR BorrowingEurocurrency Rate Loan, Floating Rate Borrowing, Acceptance Loan or a Letter of Credit Borrowing Advance is requested and, in the case of each requested LIBOR Borrowing or Acceptance BorrowingEurocurrency Rate Loan, the Interest Period to be initially applicable to such Borrowing andLoan and the Permitted Currency in which such Loan is to be denominated. With respect to Swing Line Loans, in the case of each Letter of Credit Borrowing, such information as may be necessary for the issuance thereof by the Agent. The Applicable a Borrower shall give the Agent Swing Line Bank notice of its request for each Swingline Swing Line Loan in substantially the form of Exhibit I E hereto at the Applicable Administrative Office with respect to such Advance not later than 1:00 p.m. Detroit local time of the Applicable Administrative Office on the same Business Day such Swingline any Swing Line Loan is requested to be mademade which notice shall specify the Permitted Currency in which such Loan is to be denominated and whether such Borrower elects the Swing Line Rate or the Floating Rate with respect to such Swing Line Loan. The Agent, not later than on the Business Day next succeeding the same day any such notice is given, shall provide notice of such requested Borrowing (not including Swingline Loans) Loan, other than any Swing Line Loan, to each LenderBank (which notice shall be provided by 1:00 p.m. local time of the Applicable Administrative Office with respect to Floating Rate Loans). Subject to the terms and conditions of this Agreement, the proceeds of each such requested Borrowing or Swingline Loan shall be made available to the Borrower requesting such Borrower Loan by depositing the proceeds thereof thereof, in immediately available available, freely transferable cleared funds, in the case of any Loan denominated in Dollars in an account maintained and designated by such Borrower, and, in all other cases, in an account maintained and designated by such Borrower at the principal office of a bank acceptable to the Agent in the case principal financial center of U.S. Advances and at the principal office of NBD Canada country issuing the Permitted Currency in which such Loan is denominated or in such other place specified by the case of Canadian AdvancesAgent. Subject to the terms and conditions of this Agreement, the Agent Issuing Bank shall, on the date any Letter of Credit Borrowing Advance is requested to be made, issue the related Letter of Credit on behalf of the Lenders Banks for the account of the CompanyBorrower requesting such Letter of Credit. Notwithstanding anything herein to the contrary, the Agent Issuing Bank may decline to issue any requested Letter of Credit on the basis that the beneficiary, the purpose of issuance or the terms or the conditions of drawing are unacceptable to it in its reasonable discretion.
Appears in 2 contracts
Samples: Loan Agreement (Jabil Circuit Inc), Loan Agreement (Jabil Circuit Inc)
Disbursement of Advances. (a) The applicable Borrower Company shall give the Agent telephonic notice of its request for an each Advance in substantially the form of Exhibit H hereto not later than 1:00 2:00 p.m. Detroit time (i) three LIBOR Eurodollar Business Days prior to the date such Borrowing Advance is requested to be made if such Borrowing Advance is to be made as a LIBOR BorrowingEurodollar Rate Loan, (ii) five Business Days prior to the date any Letter of Credit Borrowing Advance is requested to be made, and (iii) three Business Days prior to on the date such Borrowing is requested to be made if such Borrowing is to be made as an Acceptance Borrowing and (iv) one same Business Day prior to the date that such Borrowing Advance is requested to be made in all other cases, which notice shall specify whether a LIBOR Borrowing, Floating Eurodollar Rate Borrowing, Acceptance Loan or Adjusted Base Rate Loan or a Letter of Credit Borrowing Advance is requested and, in the case of each requested LIBOR Borrowing or Acceptance BorrowingEurodollar Rate Loan, the Interest Period to be initially applicable to such Borrowing Loan and, in the case of each Letter of Credit BorrowingAdvance, such information as may be necessary for the issuance thereof by the Agent. The Applicable Borrower shall give the Agent notice of its request for each Swingline Loan in substantially the form of Exhibit I hereto Agent, not later than 1:00 p.m. Detroit time on the same Business Day such Swingline date of any requested Adjusted Base Rate Loan is requested to be made. The Agent, and not later than the Business Day next succeeding the day such notice is givengiven with respect to a Letter of Credit Advance and not later than the day such notice is given with respect to a Eurodollar Rate Loan, shall provide notice of such requested Borrowing (not including Swingline Loans) Advance to each LenderBank, provided that in the case of Adjusted Base Rate Loans where the Agent elects to settle with the Banks weekly instead of at the time of each such Loan, the Agent shall provide notice of such Loans on the weekly settlement date next following the dates on which they are requested. Subject to the terms and conditions of this Agreement, the proceeds of each such requested Borrowing or Swingline Loan shall be made available to such Borrower the Company by depositing the proceeds thereof in immediately available funds, in an account maintained and designated by such Borrower the Company at the principal office of the Agent in the case of U.S. Advances and at the principal office of NBD Canada in the case of Canadian AdvancesAgent. Subject to the terms and conditions of this Agreement, the Agent shall, on the date any Letter of Credit Borrowing Advance is requested to be made, issue the related Letter of Credit on behalf of the Lenders Banks for the account of the Company. Notwithstanding anything herein to the contrary, the Agent may decline to issue any requested Letter of Credit on the basis that the beneficiary, the purpose of issuance or the terms or the conditions of drawing are unacceptable to it in its reasonable discretion. Each Bank, on the date any Borrowing in the form of a Loan is requested to be made, or on the date the Agent requests such Bank to make available its share of such Borrowing pursuant to Section 2.4(c), shall make its pro rata share of such Borrowing available in immediately available, freely transferable, cleared funds for disbursement to the Company or application by the Agent to a reduction of its Loans made pursuant to Section 2.4(c), pursuant to the terms and conditions of this Agreement at the principal office of the Agent. Unless the Agent shall have received notice from any Bank prior to the date such Borrowing is requested to be made under this Section 2.4 that such Bank will not make available to the Agent such Bank's pro rata portion of such Borrowing, the Agent may assume that such Bank has made such portion available to the Agent on the date such Borrowing is requested to be made in accordance with this Section 2.4. If and to the extent such Bank shall not have so made such pro rata portion available to the Agent, the Agent may (but shall not be obligated to) make such amount available to the Company, and such Bank and the Company severally agree to pay to the Agent forthwith on demand such amount together with interest thereon, for each day from the date such amount is made available to the Company by the Agent until the date such amount is repaid to the Agent, at the Federal Funds Rate. If such Bank shall pay such amount to the Agent together with interest, such amount so paid shall constitute a Loan by such Bank as a part of such the related Borrowing for purposes of this Agreement. The failure of any Bank to make its pro rata portion of any such Borrowing available to the Agent shall not relieve any other Bank of its obligations to make available its pro rata portion of such Borrowing on the date such Borrowing is requested to be made, but no Bank shall be responsible for failure of any other Bank to make such pro rata portion available to the Agent on the date of any such Borrowing.
Appears in 1 contract
Disbursement of Advances. (a) The applicable Borrower Company shall give the Agent notice of its request for an each Advance in substantially the form of Exhibit H H-1 hereto or, in the case of the Acquisition Amount, Exhibit H-2 hereto, not later than 1:00 p.m. 10:00 a.m. Detroit time (i) three LIBOR Business Days prior to the date such Borrowing Advance is requested to be made if such Borrowing Advance is to be made as a LIBOR Borrowing, (ii) five Business Days prior to the date any Letter of Credit Borrowing Advance is requested to be made, (iii) three on the Business Day such Advance is requested to be made in the case of any Swingline Loan, (iv) other than in connection with the acquisition of Aeroquip, ten Business Days prior to the date such Borrowing Advance is requested to be made if such Borrowing Advance is to be made as an Acceptance Borrowing the Acquisition Amount, and (ivv) one on the Business Day prior to the date such Borrowing Advance is requested to be made in all other cases, which notice shall specify whether a LIBOR Borrowing, Floating an Adjusted Prime Rate Borrowing, Acceptance a Swingline Loan or a Letter of Credit Borrowing Advance is requested and, in the case of each requested LIBOR Borrowing or Acceptance Borrowing, the LIBOR Interest Period to be initially applicable to such Borrowing and, in the case of each Letter of Credit BorrowingAdvance, such information as may be necessary for the issuance thereof by the Agent. The Applicable Borrower shall give the Agent notice of its request for each Swingline Loan in substantially the form of Exhibit I hereto not later than 1:00 p.m. Detroit time on the same Business Day such Swingline Loan is requested to be made. The Agent, not later than 12:00 noon the same Business Day next succeeding the day such notice is given, shall provide notice of such requested Borrowing Advance (not including other than Swingline LoansLoan) to each LenderRevolving Credit Lender in the case of each Revolving Credit Advance and to each Term Loan Lender in the case of the Term Loan. Subject to the terms and conditions of this Agreement, the proceeds of each such requested Borrowing or Swingline Loan Advance shall be made available to such Borrower the Company by depositing the proceeds thereof thereof, in immediately available funds, in an account maintained and designated by such Borrower the Company at the principal office of the Agent in the case of U.S. Advances and at the principal office of NBD Canada in the case of Canadian AdvancesAgent. Subject to the terms and conditions of this Agreement, the Agent shall, on the date any such Letter of Credit Borrowing Advance is requested to be made, issue the related Letter of Credit on behalf of the Revolving Credit Lenders for the account of the Company. Notwithstanding anything herein to the contrary, the Agent may decline to issue any requested Letter of Credit on the basis that the beneficiary, the purpose of issuance or the terms or the conditions of drawing are unacceptable to it in its it reasonable discretion, provided that the Agent shall not unreasonably decline to issue a Letter of Credit pursuant to this sentence.
Appears in 1 contract
Samples: Credit Agreement (Key Plastics Inc)
Disbursement of Advances. (a) The applicable Borrower Except with respect to Swing Loans, the Treasury Manager shall give the Agent notice of its request for an each Advance in substantially the form of Exhibit H hereto not later than 1:00 p.m. Detroit 10:00 a.m. local time of the Applicable Lending Installation (i) three LIBOR Eurocurrency Business Days prior to the date such Borrowing Advance is requested to be made if such Borrowing is to be made as a LIBOR BorrowingEurocurrency Rate Loan, (ii) five Business Days prior to the date any Letter of Credit Borrowing Advance is requested to be made, (iii) three Business Days at such time prior to the date such Borrowing Advance is requested to be made as specified in the applicable Alternate Currency Addendum if such Borrowing is to be made as an Acceptance Borrowing Alternate Currency Loan and (iv) one Business Day prior to on the date such Borrowing Loan is requested to be made in all other cases, which notice shall specify the Designated Borrower for which such Advance is requested, whether a LIBOR BorrowingEurocurrency Rate Loan, Floating Rate BorrowingLoan, Acceptance Alternate Currency Loan or a Letter of Credit Borrowing Advance is requested and, in the case of each requested LIBOR Borrowing or Acceptance BorrowingEurocurrency Rate Loan, the Eurocurrency Interest Period to be initially applicable to such Borrowing Loan and the Foreign Currency in which such Loan is to be denominated, and, in the case of each Letter of Credit Borrowingrequested Alternate Currency Loan, such other information as may be necessary for required pursuant to the issuance thereof by the Agent. The Applicable Borrower shall give the Agent notice of its request for each Swingline Loan in substantially the form of Exhibit I hereto not later than 1:00 p.m. Detroit time on the same Business Day such Swingline Loan is requested to be madeapplicable Alternate Currency Addendum. The Agent, not later than on the Business Day next succeeding the same day any such notice is given, shall provide notice of such requested Borrowing (not including Swingline Loans) Revolving Credit Loan to each LenderBank. Subject to the terms and conditions of this Agreement, the proceeds of each such requested Borrowing or Swingline Revolving Credit Loan shall be made available to the Borrower requesting such Borrower Loan by depositing the proceeds thereof thereof, in immediately available funds, in the case of any Loan denominated in Dollars in an account maintained and designated by such Borrower at the principal office of the Agent, and, in all other cases, in an account maintained and designated by such Borrower at the Applicable Lending Installation of the Agent for such Borrower, at a bank acceptable to the Agent in the case principal financial center of U.S. Advances and the country issuing the Foreign Currency in which such Loan is denominated or at such other place specified by the principal office of NBD Canada in the case of Canadian AdvancesAgent. Subject to the terms and conditions of this Agreement, the Agent shall, on the date any Letter of Credit Borrowing Advance is requested to be made, issue the related Letter of Credit on behalf of the Lenders Banks for the account of the CompanyBorrower requesting such Letter of Credit. Notwithstanding anything herein to the contrary, the Agent may decline to issue any requested Letter of Credit on the basis that the beneficiary, the purpose of issuance or the terms or the conditions of drawing are unacceptable to it based upon any legal concerns in its reasonable discretiondiscretion or upon any policy of the Agent.
Appears in 1 contract
Samples: Credit Agreement (Invacare Corp)
Disbursement of Advances. (a) The applicable Borrower Upon receiving any Request for Revolving Credit Advance in accordance with the terms of Section 2.3, Administrative Agent shall give promptly notify each Revolving Credit Lender by wire, telex or telephone (confirmed by wire, telecopy or telex) of the Agent notice amount of such Advance being requested and the date such Advance is to be made by each Revolving Credit Lender in an amount equal to its Revolving Credit Percentage of such Advance. Unless such Revolving Credit Lender’s commitment to make Revolving Credit Advances hereunder shall have been suspended or terminated in accordance with this Agreement, each such Revolving Credit Lender shall make available the amount of its request for an Revolving Credit Percentage of each Revolving Credit Advance in substantially immediately available funds by 1:00 p.m. (New York time) on the form date of Exhibit H hereto such Revolving Credit Advance to the account of Administrative Agent most recently designated by it for such purpose by notice to the Lenders. (b) Subject to receipt by the Administrative Agent of an executed Request for Revolving Credit Advance from a Responsible Officer, Administrative Agent shall make available to Borrower the aggregate of the amounts so received by it from the Revolving Credit Lenders in like funds and currencies not later than 1:00 4:00 p.m. Detroit time (iNew York time) three LIBOR Business Days on the date of such Revolving Credit Advance, by credit to an account of Borrower maintained with Administrative Agent or to such other account or third party as Borrower may reasonably direct in writing, provided that such direction is timely given. (c) Unless Administrative Agent shall have been notified by any Revolving Credit Lender prior to the date of any proposed Revolving Credit Advance that such Borrowing is requested Revolving Credit Lender does not intend to be made if make available to Administrative Agent such Borrowing is to be made as a LIBOR Borrowing, (ii) five Business Days prior to the date any Letter of Revolving Credit Borrowing is requested to be made, (iii) three Business Days prior to the date such Borrowing is requested to be made if such Borrowing is to be made as an Acceptance Borrowing and (iv) one Business Day prior to the date such Borrowing is requested to be made in all other cases, which notice shall specify whether a LIBOR Borrowing, Floating Rate Borrowing, Acceptance or Letter of Lender’s Revolving Credit Borrowing is requested and, in the case of each requested LIBOR Borrowing or Acceptance Borrowing, the Interest Period to be initially applicable to such Borrowing and, in the case of each Letter of Credit Borrowing, such information as may be necessary for the issuance thereof by the Agent. The Applicable Borrower shall give the Agent notice of its request for each Swingline Loan in substantially the form of Exhibit I hereto not later than 1:00 p.m. Detroit time on the same Business Day such Swingline Loan is requested to be made. The Agent, not later than the Business Day next succeeding the day such notice is given, shall provide notice Percentage of such requested Borrowing (Advance, Administrative Agent may assume that such Revolving Credit Lender has made such amount available to Administrative Agent on such date, as aforesaid. Administrative Agent may, but shall not including Swingline Loans) be obligated to, make available to each LenderBorrower the amount of such payment in reliance on such assumption. Subject to the terms and conditions of this Agreement, the proceeds of each If such requested Borrowing or Swingline Loan shall be amount is not in fact made available to such Borrower by depositing the proceeds thereof in immediately available funds, in an account maintained and designated Administrative Agent by such Borrower at the principal office of the Revolving Credit Lender, as aforesaid, Administrative Agent shall be entitled to recover such amount on demand from such Revolving Credit Lender. If such Revolving Credit Lender does not pay such amount forthwith upon Administrative Agent’s demand therefor and Administrative Agent has in the case of U.S. Advances and at the principal office of NBD Canada in the case of Canadian Advances. Subject to the terms and conditions of this Agreement, the Agent shall, on the date any Letter of Credit Borrowing is requested to be made, issue the related Letter of Credit on behalf of the Lenders for the account of the Company. Notwithstanding anything herein to the contrary, the Agent may decline to issue any requested Letter of Credit on the basis that the beneficiary, the purpose of issuance or the terms or the conditions of drawing are unacceptable to it in its reasonable discretion.fact made a corresponding amount available to
Appears in 1 contract
Disbursement of Advances. (a) The applicable Borrower Company shall give the Agent notice of its request for an each Advance in substantially the form of Exhibit H B hereto not later than 1:00 p.m. 10:00 a.m. Detroit time (i) three LIBOR Eurodollar Business Days prior to the date such Borrowing Advance is requested to be made if such Borrowing Advance is to be made as a LIBOR BorrowingEurodollar Rate Loan or Eurocurrency Rate Loan, (ii) five Business Days prior to the date any Letter of Credit Borrowing Advance is requested to be made, and (iii) three Business Days prior to the date such Borrowing is requested to be made if such Borrowing is to be made as an Acceptance Borrowing and (iv) one Business Day prior to the date such Borrowing Advance is requested to be made in all other cases, which notice shall specify whether a LIBOR BorrowingEurodollar Rate Loan, Eurocurrency Rate Loan, a Negotiated Rate Loan or Floating Rate Borrowing, Acceptance Loan or a Letter of Credit Borrowing Advance is requested and, in the case of each requested LIBOR Borrowing or Acceptance BorrowingFixed Rate Loan, the Interest Period to be initially applicable to such Borrowing Loan and, in the case of each Eurocurrency Rate Loan the Permitted Currency of such Loan and, in the case of each Letter of Credit BorrowingAdvance, such information as may be necessary for the issuance thereof by the Agent. The Applicable Borrower shall give the Agent notice of its request for each Swingline Loan in substantially the form of Exhibit I hereto not later than 1:00 p.m. Detroit time on the same Business Day such Swingline Loan is requested to be made. The Agent, not later than the Business Day next succeeding the day such notice is given, shall provide notice of such requested Borrowing (not including Swingline Loans) Advance to each Lender. Subject to the terms and conditions of this Agreement, the proceeds of each such requested Borrowing or Swingline Loan shall be made available to such Borrower the Company by depositing the proceeds thereof in immediately available funds, in an account maintained and designated by such Borrower the Company at the principal office Applicable Lending Installation of the Agent in or as otherwise agreed to between the case of U.S. Advances Agent and at the principal office of NBD Canada in the case of Canadian AdvancesCompany. Subject to the terms and conditions of this Agreement, the Agent shall, on the date any Letter of Credit Borrowing Advance is requested to be made, issue the related Letter of Credit on behalf of the Lenders for the account of the Company. Notwithstanding anything herein to the contrary, (a) the Agent may decline to issue any requested Letter of Credit on the basis that the beneficiary, the purpose of issuance or the terms or the conditions of drawing are unacceptable contrary to it a policy of the Agent and (b) Loans denominated in its reasonable discretionany Permitted Currency other than Dollars may only be made as Eurocurrency Rate Loans.
Appears in 1 contract
Samples: Loan Agreement (Airnet Systems Inc)
Disbursement of Advances. Upon receiving any Request for Advance under Section 2.4 hereof Agent shall promptly notify each Bank by wire, telex or by telephone, including facsimile transmission (aconfirmed by wire or telex) The applicable Borrower shall give of the Agent notice date for such Advance, its Applicable Interest Rate and the amount of the Advance to be made by each Bank pursuant to its request for an Advance in substantially the form of Exhibit H hereto Percentage. Each Bank shall, not later than 1:00 2:00 p.m. (Detroit time time) on the date of such Advance, make available the amount of its Percentage of the Advance in immediately available funds to Agent, at the office of Agent located at 500 Xxxxxxxx Xxxxxx, Detroit, Michigan. Subject to submission of an executed Request for Advance without exceptions noted in the compliance certification therein, Agent shall make available to Borrower, not later than 4:00 p.m. (iDetroit time) three LIBOR Business Days on such date, the aggregate of the amounts so received by it in like funds by credit to an account of Borrower, maintained with Agent or to such other account or third party as Borrower may direct. Unless Agent shall have been notified by any Bank prior to the funding of any proposed Advance that such Bank does not intend to make its Percentage of the Advance available, Agent may assume that such Bank has made such amount available on such date and may, in reliance upon such assumption, make available to Borrower a corresponding amount. If such amount is not in fact made available to Agent by such Bank, Agent shall be entitled to recover such amount on demand from such Bank. If such Bank does not pay such amount forthwith upon Agent's demand therefor, the Agent shall be entitled to notify Borrower and, upon such notice Borrower shall repay such amount to Agent. Agent shall also be entitled to recover from such Bank or Borrower interest on such amount in respect of each day from the date such amount was made available by Agent to the date such Borrowing amount is requested to be made if such Borrowing is to be made as recovered by Agent, at a LIBOR Borrowing, (ii) five Business Days prior rate per annum equal to the date any Letter of Credit Borrowing is requested to be made, (iii) three Business Days prior to the date such Borrowing is requested to be made if such Borrowing is to be made as an Acceptance Borrowing and (iv) one Business Day prior to the date such Borrowing is requested to be made in all other cases, which notice shall specify whether a LIBOR Borrowing, Floating Rate Borrowing, Acceptance or Letter of Credit Borrowing is requested andApplicable Interest Rate, in the case of each requested LIBOR Borrowing or Acceptance Borrowing, Borrower and the Interest Period to be initially applicable to such Borrowing and, Federal Funds Effective Rate in the case of each Letter a Bank. The obligation of Credit Borrowing, such information as may any Bank to make any Advance shall not be necessary for the issuance thereof affected by the Agent. The Applicable Borrower failure of any other Bank to make any Advance and no Bank shall give have any liability to Borrower, the Agent notice of its request for each Swingline Loan in substantially the form of Exhibit I hereto not later than 1:00 p.m. Detroit time on the same Business Day such Swingline Loan is requested to be made. The Agent, not later than the Business Day next succeeding the day such notice is given, shall provide notice of such requested Borrowing (not including Swingline Loans) or any other Bank for another Bank's failure to each Lender. Subject to the terms and conditions of this Agreement, the proceeds of each such requested Borrowing or Swingline Loan shall be made available to such Borrower by depositing the proceeds thereof in immediately available funds, in an account maintained and designated by such Borrower at the principal office of the Agent in the case of U.S. Advances and at the principal office of NBD Canada in the case of Canadian Advances. Subject to the terms and conditions of this Agreement, the Agent shall, on the date make any Letter of Credit Borrowing is requested to be made, issue the related Letter of Credit on behalf of the Lenders for the account of the Company. Notwithstanding anything herein to the contrary, the Agent may decline to issue any requested Letter of Credit on the basis that the beneficiary, the purpose of issuance or the terms or the conditions of drawing are unacceptable to it in its reasonable discretionAdvance hereunder.
Appears in 1 contract
Samples: Republic Automotive Parts Inc
Disbursement of Advances. (a) The applicable Borrower Company shall give the Agent notice of its request for an each Advance in substantially the form of Exhibit H F hereto not later than 1:00 p.m. Detroit noon Chicago time (i) three LIBOR Business Days prior to the date such Borrowing Advance is requested to be made if such Borrowing Advance is to be made as a LIBOR Borrowing, (ii) five Business Days prior to the date any Letter of Credit Borrowing Advance is requested to be made, or such earlier date as reasonably determined by the Agent, (iii) three on the Business Days prior to the date Day such Borrowing Advance is requested to be made if such Borrowing is to be made as an Acceptance Borrowing in the case of any Swingline Loan, and (iv) one on the Business Day prior to the date such Borrowing Advance is requested to be made in all other cases, which notice shall specify whether a LIBOR Borrowing, Floating an Adjusted Corporate Base Rate Borrowing, Acceptance a Swingline Loan or a Letter of Credit Borrowing Advance is requested and, in the case of each requested LIBOR Borrowing or Acceptance Borrowing, the LIBOR Interest Period to be initially applicable to such Borrowing and, in the case of each Letter of Credit BorrowingAdvance, such information as may be necessary for the issuance thereof by the Agent. The Applicable Borrower shall give the Agent notice of its request for each Swingline Loan in substantially the form of Exhibit I hereto not later than 1:00 p.m. Detroit time Agent, reasonably promptly on the same Business Day such Swingline Loan is requested to be made. The Agent, not later than the Business Day next succeeding the day such notice is given, shall provide notice of such requested Borrowing Advance (not including other than Swingline LoansLoan) to each Lenderthe relevant Lenders. Subject to the terms and conditions of this Agreement, the proceeds of each such requested Borrowing or Swingline Loan Advance shall be made available to such Borrower the Company by depositing the proceeds thereof thereof, in immediately available funds, in an account maintained and designated by such Borrower the Company at the principal office of the Agent in the case of U.S. Advances and at the principal office of NBD Canada in the case of Canadian AdvancesAgent. Subject to the terms and conditions of this Agreement, the Agent shall, on the date any such Letter of Credit Borrowing Advance is requested to be made, issue the related Letter of Credit on behalf of the Lenders for the account of the Company. Notwithstanding anything herein to the contrary, the Agent may decline to issue any requested Letter of Credit on the basis that the beneficiary, the purpose of issuance or the terms or the conditions of drawing are unacceptable to it in its it reasonable discretion, provided that the Agent shall not unreasonably decline to issue a Letter of Credit pursuant to this sentence.
Appears in 1 contract
Disbursement of Advances. (a) The applicable Except with respect to Swing Line Loans, a Borrower shall give the Agent notice of its request for an each Advance in substantially the form of Exhibit H E hereto at the principal office of the Agent and at the Applicable Administrative Office with respect to such Advance not later than 1:00 p.m. Detroit 11:00 a.m. local time of the Applicable Administrative Office (i) three LIBOR Eurocurrency Business Days prior to the date such Borrowing Advance is requested to be made if such Borrowing is to be made as a LIBOR Eurocurrency Rate Borrowing, and (ii) five three Business Days prior to the date any Letter of Credit Borrowing Advance is requested to be made, made and (iii) three Business Days prior to on the date such Borrowing Advance is requested to be made if such Borrowing Advance is to be made as an Acceptance Borrowing and (iv) one Business Day prior to the date a Floating Rate Borrowing. The Agent shall promptly notify each Bank of such Borrowing is requested to be made in all other cases, which notice. Such notice shall specify whether a LIBOR BorrowingEurocurrency Rate Loan, Floating Rate Borrowing, Acceptance Loan or a Letter of Credit Borrowing Advance is requested and, in the case of each requested LIBOR Borrowing or Acceptance BorrowingEurocurrency Rate Loan, the Interest Period to be initially applicable to such Borrowing andLoan. With respect to Swing Line Loans, in the case of each Letter of Credit Borrowing, such information as may be necessary for the issuance thereof by the Agent. The Applicable a Borrower shall give the Agent Swing Line Bank notice of its request for each Swingline Swing Line Loan in substantially the form of Exhibit I E hereto at the Applicable Administrative Office with respect to such Advance not later than 1:00 p.m. Detroit local time of the Applicable Administrative Office on the same Business Day such Swingline any Swing Line Loan is requested to be mademade which notice shall specify whether such Borrower elects the Swing Line Rate or the Floating Rate with respect to such Swing Line Loan. The Agent, not later than on the Business Day next succeeding the same day any such notice is given, shall provide notice of such requested Borrowing (not including Swingline Loans) Loan, other than any Swing Line Loan, to each LenderBank (which notice shall be provided by 1:00 p.m. local time of the Applicable Administrative Office with respect to Floating Rate Loans). Subject to the terms and conditions of this Agreement, the proceeds of each such requested Borrowing or Swingline Loan shall be made available to the Borrower requesting such Borrower Loan by depositing the proceeds thereof thereof, in immediately available available, freely transferable cleared funds, in an account maintained and designated by such Borrower at the principal office of the Agent in the case of U.S. Advances and at the principal office of NBD Canada in the case of Canadian AdvancesBorrower. Subject to the terms and conditions of this Agreement, the Agent Issuing Bank shall, on the date any Letter of Credit Borrowing Advance is requested to be made, issue the related Letter of Credit on behalf of the Lenders Banks for the account of the CompanyBorrower requesting such Letter of Credit. Notwithstanding anything herein to the contrary, the Agent Issuing Bank may decline to issue any requested Letter of Credit on the basis that the beneficiary, the purpose of issuance or the terms or the conditions of drawing are unacceptable to it in its reasonable discretion. As of the Effective Date, subject to the satisfaction of the conditions precedent set forth in Sections 2.5 and 2.6, those letters of credit, bank guarantees, and similar obligations set forth on Schedule 2.4, which letters of credit, bank guarantees and similar obligations were issued for the account of the Company prior to the Effective Date, shall be deemed to be Letters of Credit issued under this Agreement. The Issuing Bank shall be deemed to be the issuer thereof and shall enjoy all rights, benefits and indemnities afforded the Issuing Bank hereunder with respect to such letters of credit, bank guarantees and similar obligations.
Appears in 1 contract
Samples: Jabil Circuit Inc
Disbursement of Advances. (a) The applicable Borrower With respect to Loans under Section 2.1(a)(i), the Company shall give the Administrative Agent notice of its request for an each Revolving Credit Advance in substantially the form of Exhibit H F hereto not later than 1:00 p.m. 10:00 a.m. Detroit time (i) three LIBOR Business Days prior to the date such Borrowing Advance is requested to be made if such Borrowing Advance is to be made as a LIBOR Borrowing, (ii) five Business Days prior to the date any Letter of Credit Borrowing Advance is requested to be made, and (iii) three Business Days prior to on the date such Borrowing is requested to be made if such Borrowing is to be made as an Acceptance Borrowing and (iv) one Business Day prior to the date such Borrowing Advance is requested to be made in all other cases, which notice shall specify whether a LIBOR Borrowing, Floating an Adjusted Prime Rate Borrowing, Acceptance a Swingline Loan or a Letter of Credit Borrowing Advance is requested and, in the case of each requested LIBOR Borrowing or Acceptance Borrowing, the LIBOR Interest Period to be initially applicable to such Borrowing and, in the case of each Letter of Credit BorrowingAdvance, such information as may be necessary for the issuance thereof by the Administrative Agent. The Applicable All notices and other administrative matters with respect to Foreign Currency Loans shall be as agreed between the Foreign Currency Lenders and the Borrowers. Except as provided in Sections 2.8 and 3.8 and the following sentence, the Term Loans shall bear interest at LIBOR and the LIBOR Interest Period applicable to the Term Loans shall be three months. No Borrower shall give have the Agent notice of its request for each Swingline ability to request, under this Section 2.4 or under Section 2.7, that any Term Loan in substantially or any portion thereof bear interest at the form of Exhibit I hereto not later Adjusted Prime Rate or that such Loans, or any portion thereof, have an applicable LIBOR Interest Period other than 1:00 p.m. Detroit time on the same Business Day such Swingline Loan is requested to be madethree months. The Administrative Agent, not later than 12:00 noon the same Business Day next succeeding the day such notice is given, shall provide notice of such requested Borrowing Advance (not including other than any Swingline LoansLoan) to each Revolving Credit Lender. Subject to the terms and conditions of this Agreement, the proceeds of each such requested Borrowing or Swingline Loan Advance shall be made available to the Borrower requesting such Borrower Advance by depositing the proceeds thereof thereof, in immediately available funds, in an account maintained and designated by such Borrower at the principal office of the Agent in the case of U.S. Advances and at the principal office of NBD Canada in the case of Canadian AdvancesAdministrative Agent. Subject to the terms and conditions of this Agreement, the Agent L/C Issuer requested to issue a Letter of Credit shall, on the date any such Letter of Credit Borrowing Advance is requested to be made, issue the related Letter of Credit on behalf of the Revolving Credit Lenders for the account of the Company. Notwithstanding anything herein to the contrary, the Agent an L/C Issuer may decline to issue any requested Letter of Credit on the basis that the beneficiary, the purpose of issuance or the terms or the conditions of drawing are unacceptable to it in its reasonable discretion.
Appears in 1 contract
Samples: Guaranty Agreement (Iae Inc)
Disbursement of Advances. (a) The applicable Each Borrower shall give the Agent notice of its request for an each Advance in substantially the form of Exhibit H I hereto not later than 1:00 p.m. 11:00 a.m. Detroit time (i) three LIBOR Business Days prior to the date such Borrowing Advance is requested to be made if such Borrowing Advance is to be made as a LIBOR Eurodollar Borrowing, (ii) five Business Days prior to the date any Letter of Credit Borrowing Advance is requested to be made, (iii) five Business days prior to the date such Advance is requested to be made if such Advance is to be made as a Eurocurrency Borrowing, (iv) on the Business Day such Advance is requested to be made in the case of any Swingline Loan denominated in Dollars or such other day prior to the date any Swingline Loan denominated in any Eligible Currency is requested to be made as agreed upon between the Agent and such Borrower, (iv) three Business Days prior to the date such Borrowing the Term Loan is requested to be made if such Borrowing is to be made as an Acceptance Borrowing and made, (ivv) one on the Business Day prior to the date such Borrowing Advance is requested to be made in all other cases, which notice shall specify whether a LIBOR Eurodollar Borrowing, a Floating Rate Borrowing, Acceptance a Eurocurrency Borrowing, a Swingline Loan or a Letter of Credit Borrowing Advance is requested and, in the case of each requested LIBOR Borrowing or Acceptance Fixed Rate Borrowing, the Interest Period to be initially applicable to such Borrowing and, in the case of each Letter of Credit BorrowingAdvance, such information as may be necessary for the issuance thereof by the Agent. The Applicable Borrower Agent shall give the Agent notice of its request for each Swingline Loan in substantially the form of Exhibit I hereto not later than 1:00 p.m. Detroit time on the same Business Day such Swingline Loan is requested to be made. The Agent, not later than the Business Day next succeeding the day such notice is given, shall promptly provide notice of such requested Borrowing Advance (not including other than Swingline Loans) to each Lender. Subject to the terms and conditions of this Agreement, the proceeds of each such requested Borrowing or Swingline Loan Advance (other than a Letter of Credit Advance) shall be made available to such Borrower by depositing the proceeds thereof thereof, in immediately available funds, in an account maintained and designated by such Borrower at the principal office Applicable Lending Installation of the Agent in or as otherwise agreed to between the case of U.S. Advances Agent and at the principal office of NBD Canada in the case of Canadian Advancessuch Borrower. Subject to the terms and conditions of this Agreement, the Agent shall, on the date any such Letter of Credit Borrowing Advance is requested to be made, issue the related Letter of Credit on behalf of the Lenders for the account of the Companysuch Borrower. Notwithstanding anything herein to the contrary, (a) the Agent may decline to issue any requested Letter of Credit on the basis that the beneficiary, the purpose of issuance or the terms or the conditions of drawing are unacceptable contrary to it any policy of the Agent applicable to borrowers generally, (b) Revolving Credit Loans denominated in its reasonable discretionany Permitted Currency other than Dollars may only be made as Eurocurrency Loans and (c) the Term Loan may be denominated only in Dollars.
Appears in 1 contract
Samples: Credit Agreement (MSX International Business Services Inc)
Disbursement of Advances. (a) The applicable Any Borrower shall give the Agent notice of its request for an each Advance (excluding Swingline Loans) in substantially the form of Exhibit H D hereto not later than 1:00 p.m. 10:00 a.m. Detroit time (i) three LIBOR Eurocurrency Business Days prior to the date such Borrowing Advance is requested to be made if such Borrowing is to be made as a LIBOR Borrowing, Eurocurrency Rate Loan denominated in Dollars and five Eurocurrency Business Days prior to the date such Advance is requested to be made if such Borrowing is to be made as a Eurocurrency Rate Loan denominated in any Optional Currency and (ii) five Business Days prior to the date any Letter of Credit Borrowing is requested to be made, (iii) three Business Days prior to the date such Borrowing Advance is requested to be made if such Borrowing is to be made as an Acceptance Borrowing and (iviii) one Business Day prior to on the date such Borrowing Revolving Credit Loan is requested to be made in all other cases, which notice shall specify whether a LIBOR BorrowingEurocurrency Rate Loan, Floating Rate Borrowing, Acceptance Loan or a Letter of Credit Borrowing Advance is requested and, in the case of each requested LIBOR Borrowing or Acceptance BorrowingEurocurrency Rate Loan, the Interest Period to be initially applicable to such Borrowing and, Loan and the Permitted Currency in the case of each which such Loan or Letter of Credit Borrowing, such information as may be necessary for the issuance thereof by the Agent. The Applicable Borrower shall give the Agent notice of its request for each Swingline Loan in substantially the form of Exhibit I hereto not later than 1:00 p.m. Detroit time on the same Business Day such Swingline Loan Advance is requested to be madedenominated. The Agent, not later than on the Business Day next succeeding the same day any such notice is given, shall provide notice of each such requested Borrowing Revolving Credit Loan (not including excluding Swingline Loans) to each LenderBank. Subject to the terms and conditions of this Agreement, the proceeds of each such requested Borrowing or Swingline Revolving Credit Loan shall be made available to the Borrower requesting such Borrower Loan by depositing the proceeds thereof thereof, in immediately available fundsSame Day Funds, in the case of any Revolving Credit Loan denominated in Dollars in an account maintained and designated by such Borrower at the principal office of the Agent, and, in all other cases, in an account maintained and designated by such Borrower at a bank acceptable to the Agent in the case principal financial center of U.S. Advances and at the principal country issuing the Optional Currency in which such Loan is denominated or in such other place specified by the Agent or such other office of NBD Canada in acceptable to the case of Canadian AdvancesAgent. Subject to the terms and conditions of this Agreement, the Agent shall, on the date any Letter of Credit Borrowing Advance is requested to be made, issue the related Letter of Credit on behalf of the Lenders Banks for the account of the CompanyBorrower requesting such Letter of Credit. If legally permissible, the Agent agrees to use ABN AMRO Bank N.V., Canada Branch as its Applicable Lending Office for issuing Letters of Credit for the account of the Canadian Borrower. Notwithstanding anything herein to the contrary, the Agent may decline to issue any requested Letter of Credit on the basis that the beneficiary, the purpose of issuance or the terms or the conditions of drawing are unacceptable to it based upon any legal or ethical concerns in its reasonable discretion.
Appears in 1 contract
Samples: Credit Agreement (Handleman Co /Mi/)
Disbursement of Advances. (a) The applicable Each Borrower shall give the Agent notice of its request for an each Advance in substantially the form of Exhibit H I hereto not later than 1:00 p.m. 11:00 a.m. Detroit time (i) three LIBOR Business Days prior to the date such Borrowing Advance is requested to be made if such Borrowing Advance is to be made as a LIBOR Eurodollar Borrowing, (ii) five Business Days prior to the date any Letter of Credit Borrowing Advance is requested to be made, (iii) five Business days prior to the date such Advance is requested to be made if such Advance is to be made as a Eurocurrency Borrowing, (iv) on the Business Day such Advance is requested to be made in the case of any Swingline Loan denominated in Dollars or such other day prior to the date any Swingline Loan denominated in any Eligible Currency is requested to be made as agreed upon between the Agent and such Borrower, (v) three Business Days prior to the date such Borrowing any Term Loan is requested to be made if such Borrowing is to be made as an Acceptance Borrowing made, and (ivvi) one on the Business Day prior to the date such Borrowing Advance is requested to be made in all other cases, which notice shall specify whether a LIBOR Eurodollar Borrowing, a Floating Rate Borrowing, Acceptance a Eurocurrency Borrowing, a Swingline Loan or a Letter of Credit Borrowing Advance is requested and, in the case of each requested LIBOR Borrowing or Acceptance Fixed Rate Borrowing, the Interest Period to be initially applicable to such Borrowing and, in the case of each Letter of Credit BorrowingAdvance, such information as may be necessary for the issuance thereof by the Agent. The Applicable Borrower Agent shall give the Agent notice of its request for each Swingline Loan in substantially the form of Exhibit I hereto not later than 1:00 p.m. Detroit time on the same Business Day such Swingline Loan is requested to be made. The Agent, not later than the Business Day next succeeding the day such notice is given, shall promptly provide notice of such requested Borrowing Advance (not including other than Swingline Loans) to each Lender. Subject to the terms and conditions of this Agreement, the proceeds of each such requested Borrowing or Swingline Loan Advance (other than a Letter of Credit Advance) shall be made available to such Borrower by depositing the proceeds thereof thereof, in immediately available funds, in an account maintained and designated by such Borrower at the principal office Applicable Lending Installation of the Agent in or as otherwise agreed to between the case of U.S. Advances Agent and at the principal office of NBD Canada in the case of Canadian Advancessuch Borrower. Subject to the terms and conditions of this Agreement, the Agent shall, on the date any such Letter of Credit Borrowing Advance is requested to be made, issue the related Letter of Credit on behalf of the Lenders for the account of the Companysuch Borrower. Notwithstanding anything herein to the contrary, (a) the Agent may decline to issue any requested Letter of Credit on the basis that the beneficiary, the purpose of issuance or the terms or the conditions of drawing are unacceptable contrary to it any policy of the Agent applicable to borrowers generally, (b) Revolving Credit Loans denominated in its reasonable discretionany Permitted Currency other than Dollars may only be made as Eurocurrency Loans and (c) the Term Loans may be denominated only in Dollars.
Appears in 1 contract
Disbursement of Advances. (a) The applicable Except with respect to Swing Line Loans, a Borrower shall give the Agent notice of its request for an each Advance in substantially the form of Exhibit H D hereto at the principal office of the Agent with respect to such Advance not later than 1:00 p.m. Detroit 10:00 a.m. Chicago time (i) three LIBOR Business Days prior to the date such Borrowing Advance is requested to be made if such Borrowing is to be made as a LIBOR Eurocurrency Rate Borrowing, (ii) five three Business Days prior to the date any Letter of Credit Borrowing Advance is requested to be made, made and (iii) three Business Days prior to on the date such Borrowing Advance is requested to be made if such Borrowing Advance is to be made as an Acceptance Borrowing and (iv) one Business Day prior to the date a Floating Rate Borrowing. The Agent shall promptly notify each Bank of such Borrowing is requested to be made in all other cases, which notice. Such notice shall specify whether a LIBOR BorrowingEurocurrency Rate Loan, Floating Rate Borrowing, Acceptance Loan or a Letter of Credit Borrowing Advance is requested and, in the case of each requested LIBOR Borrowing or Acceptance BorrowingEurocurrency Rate Loan, the Interest Period to be initially applicable to such Borrowing andLoan. With respect to Swing Line Loans, in the case of each Letter of Credit Borrowing, such information as may be necessary for the issuance thereof by the Agent. The Applicable a Borrower shall give the Agent Swing Line Bank notice of its request for each Swingline Swing Line Loan in substantially the form of Exhibit I D hereto at the principal office of the Agent and the principal office of the Swing Line Bank with respect to such Advance not later than 1:00 p.m. Detroit Chicago time on the same Business Day such Swingline any Swing Line Loan is requested to be mademade which notice shall specify whether such Borrower elects the Swing Line Rate or the Floating Rate with respect to such Swing Line Loan. The Agent, not later than on the Business Day next succeeding the same day any such notice is given, shall provide notice of such requested Borrowing (not including Swingline Loans) Loan, other than any Swing Line Loan, to each LenderBank (which notice shall be provided by 1:00 p.m. Chicago time with respect to Floating Rate Loans). Subject to the terms and conditions of this Agreement, the proceeds of each such requested Borrowing or Swingline Loan shall be made available to the Borrower requesting such Borrower Loan by depositing the proceeds thereof thereof, in immediately available available, freely transferable cleared funds, in an account maintained and designated by such Borrower at the principal office of the Agent in the case of U.S. Advances and at the principal office of NBD Canada in the case of Canadian AdvancesBorrower. Subject to the terms and conditions of this Agreement, the Agent Issuing Bank shall, on the date any Letter of Credit Borrowing Advance is requested to be made, issue the related Letter of Credit on behalf of the Lenders Banks for the account of the CompanyBorrower requesting such Letter of Credit. Notwithstanding anything herein to the contrary, the Agent Issuing Bank may decline to issue any requested Letter of Credit on the basis that the beneficiary, the purpose of issuance or the terms or the conditions of drawing are unacceptable to it in its reasonable discretion. As of the Effective Date, subject to the satisfaction of the conditions precedent set forth in Sections 2.5 and 2.6, those letters of credit, bank guarantees, and similar obligations set forth on Schedule 2.4, which letters of credit, bank guarantees and similar obligations were issued for the account of the Company prior to the Effective Date, shall be deemed to be Letters of Credit issued under this Agreement. The Issuing Bank shall be deemed to be the issuer thereof and shall enjoy all rights, benefits and indemnities afforded the Issuing Bank hereunder with respect to such letters of credit, bank guarantees and similar obligations.
Appears in 1 contract
Samples: Jabil Circuit Inc