Common use of Disbursement of Advances Clause in Contracts

Disbursement of Advances. (a) The Company shall give the Agent notice of its request for each Advance (other than for a Swingline Loan) in substantially the form of Exhibit D hereto not later than 10:00 a.m. Detroit time (i) four Eurodollar Business Days prior to the date such Advance is requested to be made if such Advance is to be made as a Eurodollar Rate Loan, (ii) five Business Days prior to the date any Letter of Credit Advance is requested to be made, and (iii) one Business Day prior to the date such Advance is requested to be made in all other cases, which notice shall specify whether a Eurodollar Rate Loan, Floating Rate Loan or Letter of Credit Advance is requested and, in the case of each requested Eurodollar Rate Loan, the Interest Period to be initially applicable to such Loan and, in the case of each Letter of Credit Advance, such information as may be necessary for the issuance thereof by the Agent. The Agent, not later than the Business Day next succeeding the day such notice is given, shall provide notice of such requested Advance to each Lender. Subject to the terms and conditions of this Agreement, the proceeds of each such requested Loan shall be made available to the Company by depositing the proceeds thereof in immediately available funds, in an account maintained and designated by the Company at the principal office of the Agent. Subject to the terms and conditions of this Agreement, the Agent shall, on the date any Letter of Credit 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 reasonable discretion.

Appears in 2 contracts

Samples: Credit Agreement (MS Acquisition), Credit Agreement (Aetna Industries Inc)

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Disbursement of Advances. (aA) The Company shall give the Agent telephonic notice of its request for each Advance (other than for a Swingline Loan) in substantially the form of Exhibit D hereto not later than 10:00 a.m. Detroit 12:00 noon Chicago time (i) four three Eurodollar Business Days prior to the date such Advance is requested to be made if such Advance is to be made as a Eurodollar Rate Loan, (ii) five Business Days prior to the date any Letter of Credit Advance is requested to be made, and (iii) one on the same Business Day prior to the date that such Advance is requested to be made in all other cases, which notice shall specify whether a Eurodollar Rate Loan, Floating Loan or Adjusted Base Rate Loan or a Letter of Credit Advance is requested and, in the case of each requested Eurodollar Rate Loan, the Interest Period to be initially applicable to such Loan and, in the case of each Letter of Credit Advance, such information as may be necessary for the issuance thereof by the Agent. The Agent, not later than the date of any requested Adjusted Base Rate Loan 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 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 Loan shall be made available to the Company by depositing the proceeds thereof in immediately available funds, in an account maintained and designated by the Company at the principal office of the Agent. Subject to the terms and conditions of this Agreement, the Agent shall, on the date any Letter of Credit 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.

Appears in 1 contract

Samples: Credit Agreement (National Wine & Spirits Inc)

Disbursement of Advances. (a) The Company shall give the Agent Bank notice of its request for each Advance (other than for a Swingline Loan) in substantially the form of Exhibit D C hereto not later than 10:00 a.m. 1:00 p.m. Detroit time (i) four three Eurodollar Business Days prior to the date such Advance is requested to be made if such Advance is to be made as a Eurodollar Rate Loan, (ii) five Business Days prior to the date any Letter of Credit Advance is requested to be made, and (iii) one on the Business Day prior to the date such Advance is requested to be made in all other cases, which notice shall specify whether a Eurodollar Rate Loan, Loan or Floating Rate Loan or a Letter of Credit Advance is requested and, in the case of each requested Eurodollar Rate Loan, the Interest Period to be initially applicable to such Loan and, in the case of each Letter of Credit Advance, such information as may be necessary for the issuance thereof by the Agent. The Agent, not later than the Business Day next succeeding the day such notice is given, shall provide notice of such requested Advance to each LenderBank. Subject to the terms and conditions of this Agreement, the proceeds of each such requested Loan shall be made available to the Company by depositing the proceeds thereof in immediately available funds, in an account maintained and designated by the Company at the principal office of the AgentBank. Subject to the terms and conditions of this Agreement, the Agent Bank shall, on the date any Letter of Credit 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 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; provided that Letters of Credit requested by the Company in accordance with the terms of this Agreement in the ordinary course of business in support of worker's compensation insurance or construction performance guaranties shall be acceptable to the Bank.

Appears in 1 contract

Samples: Credit Agreement (Childtime Learning Centers Inc)

Disbursement of Advances. (a) The Company shall give the Agent notice of its request for each Advance (other than for a Swingline Loan) in substantially the form of Exhibit D B hereto not later than 10:00 11:00 a.m. Detroit Chicago time (i) four Eurodollar Business Days prior to the date such Advance is requested to be made if such Advance is to be made as a Eurodollar Rate Loan, (ii) five Business Days prior to the date any Letter of Credit Advance is requested to be made, and (iii) one Business Day prior to on the date such Advance is requested to be made in all other cases, which notice shall specify whether a Eurodollar Rate Loan, Loan or Floating Rate Loan or a Letter of Credit Advance is requested and, in the case of each requested Eurodollar Rate Loan, the Interest Period to be initially applicable to such Loan and, in the case of each Letter of Credit Advance, such information as may be necessary for the issuance thereof by the AgentLC Issuer. The Agent, not later than on or before 1:00 Chicago time on the same Business Day next succeeding the day such notice is given, shall provide notice of such requested Advance to each Lender. Lender Subject to the terms and conditions of this Agreement, the proceeds of each such requested Loan shall be made available to the Company by depositing the proceeds thereof thereof, in immediately available funds, on the Advance Date for such Loan in an account maintained and designated by the Company at the principal office of the Agent. Subject to the terms and conditions of this Agreement, the Agent LC Issuer shall, on the date any Letter of Credit 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 LC 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 the LC Issuer in its reasonable discretion.

Appears in 1 contract

Samples: Credit Agreement (Petroleum Development Corp)

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Disbursement of Advances. (a) On the Effective Date, all “Advances” under the Existing Credit Agreement shall be deemed Advances outstanding under, and made pursuant to, this Agreement. The Company shall give the Agent Bank notice of its request for each Advance (other than for a Swingline Loan) on or after the Effective Date in substantially the form of Exhibit D C hereto not later than 10:00 a.m. 1:00 p.m. Detroit time (i) four three Eurodollar Business Days prior to the date such Advance is requested to be made if such Advance is to be made as a Eurodollar Rate Loan, (ii) five (5) Business Days prior to the date any Letter of Credit Advance is requested to be made, and (iii) one on the Business Day prior to the date such Advance is requested to be made in all other cases, which notice shall specify whether a Eurodollar Rate Loan, Loan or Floating Rate Loan or a Letter of Credit Advance is requested and, in the case of each requested Eurodollar Rate Loan, the Interest Period to be initially applicable to such Loan and, in the case of each Letter of Credit Advance, such information as may be necessary for the issuance thereof by the Agent. The Agent, not later than the Business Day next succeeding the day such notice is given, shall provide notice of such requested Advance to each LenderBank. Subject to the terms and conditions of this Agreement, the proceeds of each such requested Loan shall be made available to the Company by depositing the proceeds thereof in immediately available funds, in an account maintained and designated by the Company at the principal office of the AgentBank. Subject to the terms and conditions of this Agreement, the Agent Bank shall, on the date any Letter of Credit 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 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; provided that Letters of Credit requested by the Company in accordance with the terms of this Agreement in the ordinary course of business in support of worker’s compensation insurance or construction performance guaranties shall be acceptable to the Bank.

Appears in 1 contract

Samples: Credit Agreement (Learning Care Group, Inc)

Disbursement of Advances. (a) The Company shall give the Administrative Agent notice of its request for each Advance (other than for a Swingline Loan) in substantially the form of Exhibit D hereto not later than 10:00 a.m. Detroit Salt Lake City, Utah time (i) four three Eurodollar Business Days prior to the date such Advance is requested to be made if such Advance is to be made as a Eurodollar Rate Loan, (ii) five three Business Days prior to the date any Letter of Credit Advance is requested to be made, and (iii) one Business Day prior to the date such Advance is requested to be made in all other cases, which notice shall specify whether a Eurodollar Rate Loan, Loan or Floating Rate Loan or a Letter of Credit Advance is requested and, in the case of each requested Eurodollar Rate Loan, the Interest Period to be initially applicable to such Loan and, in the case of each Letter of Credit Advance, such information as may be necessary for the issuance thereof by the Administrative Agent. The Administrative Agent, not later than the Business Day next succeeding the day such notice is given, shall provide notice of such requested Advance to each LenderBank. Subject to the terms and conditions of this Agreement, the proceeds of each such requested Loan shall be made available to the Company by depositing the proceeds thereof in immediately available funds, in an account maintained and designated by the Company at the principal office of the Administrative Agent. Subject to the terms and conditions of this Agreement, the Administrative Agent shall, on the date any Letter of Credit 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 Administrative 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 1 contract

Samples: Security Agreement (Sos Staffing Services Inc)

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