Disbursement of Funds. Not later than 2:00 p.m. (Charlotte time) on the proposed borrowing date, the Swingline Lender will make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory Borrowings, no later than 2:00 p.m. (Charlotte time) on the date specified in Section 2.6(b) each Lender will make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, such Lender's Commitment Percentage of Mandatory Borrowings to be made on such borrowing date. The Borrower hereby irrevocably authorizes the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately available funds by crediting or wiring such proceeds to the deposit account of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower and the Administrative Agent from time to time or, in the case of Mandatory Borrowings, in the manner specified in Section 2.6(b)(i). Subject to Section 4.7 hereof, the Administrative Agent shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 to the extent that the Swingline Lender has not made available to the Administrative Agent the amount of such Swingline Loan. 27
Appears in 2 contracts
Samples: Credit Agreement (Wausau Mosinee Paper Mills Corp), Credit Agreement (Wausau Mosinee Paper Mills Corp)
Disbursement of Funds. Not No later than 2:00 p.m. 12:00 Noon (Charlotte New York time) on the proposed borrowing Closing Date, each Bank will make available its pro rata portion (determined in accordance with Section 1.05) of the Loans to be made on such date. All such amounts will be made available in Dollars and in immediately available funds at the Payment Office of the Administrative Agent, and the Swingline Lender Administrative Agent will make available to the Administrative Agent, for Borrower by depositing to its account at the account Payment Office the aggregate of the Borrower, at amounts so made available by the office Banks in the type of funds received. Unless the Administrative Agent in funds immediately shall have been notified by any Bank prior to the Closing Date that such Bank does not intend to make available to the Administrative Agent, the amount Agent such Bank's portion of the Swingline Loan Loans to be made on such borrowing date. In , the case of Mandatory Borrowings, no later than 2:00 p.m. (Charlotte time) Administrative Agent may assume that such Bank has made such amount available to the Administrative Agent on the date specified Closing Date and the Administrative Agent may, in Section 2.6(b) each Lender will reliance upon such assumption, make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent Borrower a corresponding amount. If such corresponding amount is not in funds immediately available to the Administrative Agent, such Lender's Commitment Percentage of Mandatory Borrowings to be made on such borrowing date. The Borrower hereby irrevocably authorizes the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately available funds by crediting or wiring such proceeds to the deposit account of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower and the Administrative Agent from time to time or, in the case of Mandatory Borrowings, in the manner specified in Section 2.6(b)(i). Subject to Section 4.7 hereof, the Administrative Agent shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 to the extent that the Swingline Lender has not fact made available to the Administrative Agent by such Bank, the Administrative Agent shall be entitled to recover such corresponding amount on demand from such Bank. If such Bank does not pay such corresponding amount forthwith upon the Administrative Agent's demand therefor, the Administrative Agent shall promptly notify the Borrower and the Borrower shall immediately pay such corresponding amount to the Administrative Agent. The Administrative Agent shall also be entitled to recover on demand from such Bank or the Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such Swingline Loan. 27corresponding amount was made available by the Administrative Agent to the Borrower until the date such corresponding amount is recovered by the Administrative Agent, at a rate per annum equal to (i) if recovered from such Bank, at the overnight Federal Funds Rate and (ii) if recovered from the Borrower, the rate of interest applicable to the Loans, as determined pursuant to Section 1.
Appears in 2 contracts
Samples: Term Loan Agreement (Alpine Group Inc /De/), Term Loan Agreement (Acg Holdings Inc)
Disbursement of Funds. Not No later than 2:00 p.m. 12:00 Noon (Charlotte New York time) --------------------- on the proposed borrowing datedate specified in each Notice of Borrowing, each Bank with a Commitment of the respective Tranche will make available its pro rata portion of each such --- ---- Borrowing requested to be made on such date (or in the case of Swingline Lender Loans, BTCo shall make available the full amount thereof). All such amounts shall be made available in Dollars and in immediately available funds at the Payment Office of the Administrative Agent, and the Administrative Agent will make available to the Administrative Agent, for Borrower at the account Payment Office the aggregate of the Borrower, at amounts so made available by the office of Banks. Unless the Administrative Agent in funds immediately shall have been notified by any Bank prior to the date of Borrowing that such Bank does not intend to make available to the Administrative Agent, the amount Agent such Bank's portion of the Swingline Loan any Borrowing to be made on such borrowing date. In , the case Administrative Agent may assume that such Bank has made such amount available to the Administrative Agent on such date of Mandatory BorrowingsBorrowing and the Administrative Agent, no later than 2:00 p.m. in reliance upon such assumption, may (Charlotte timein its sole discretion and without obligation to do so) on the date specified in Section 2.6(b) each Lender will make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent Borrower a corresponding amount. If such corresponding amount is not in funds immediately available to the Administrative Agent, such Lender's Commitment Percentage of Mandatory Borrowings to be made on such borrowing date. The Borrower hereby irrevocably authorizes the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately available funds by crediting or wiring such proceeds to the deposit account of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower and the Administrative Agent from time to time or, in the case of Mandatory Borrowings, in the manner specified in Section 2.6(b)(i). Subject to Section 4.7 hereof, the Administrative Agent shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 to the extent that the Swingline Lender has not fact made available to the Administrative Agent by such Bank, the Administrative Agent shall be entitled to recover such corresponding amount of on demand from such Swingline LoanBank. 27If such Bank does not pay such corresponding amount forthwith upon the Agent's demand therefore, the Administrative Agent shall promptly notify the Borrower and the Borrower shall immediately pay such corresponding amount to the Administrative Agent. The Administrative Agent shall also be entitled to recover on
Appears in 2 contracts
Samples: Credit Agreement (Coinmach Laundry Corp), Credit Agreement (Coinmach Corp)
Disbursement of Funds. Not No later than 2:00 p.m. 12:00 P.M. (Charlotte New York City time) on the proposed borrowing date a Borrowing is requested pursuant to Section 2.03(a) above (or deemed requested in accordance with Section 5.03(a), 9.03(c) and 9.11 hereof shall, this Agreement), each Lender will make available its pro rata portion (determined in accordance with Section 2.07) of each such Borrowing requested to be made on such date. All such amounts will be made available in Dollars and in immediately available funds to the Administrative Agent, and the Swingline Lender Administrative Agent will make available to the Borrower Agent on the day so requested by way of credit to such Borrower Agent’s operating account at PNC, or such other bank as Borrower Agent may designate following notification to Administrative Agent, for the account of the in immediately available federal funds or other immediately available funds or, (ii) with respect to any Borrowing deemed to have been requested by any Borrower, at be disbursed to Administrative Agent to be applied to the office outstanding Obligations giving rise to such deemed request; provided that, if, on the date of a Borrowing of Revolving Loans, the Administrative Agent has received written notice at least one Business Day prior to such date that there are Unpaid Drawings then outstanding, then the proceeds of such Borrowing shall be applied, first, to the payment in funds immediately full in cash of any such Unpaid Drawings with respect to Letters of Credit, and second, to the Borrower Agent as otherwise provided above. Unless the Administrative Agent shall have been notified in writing by any Lender prior to the date of Borrowing that such Lender does not intend to make available to the Administrative Agent, the amount Agent such Xxxxxx’s portion of the Swingline Loan any Borrowing to be made on such borrowing date. In , the case Administrative Agent may assume that such Xxxxxx has made such amount available to the Administrative Agent on such date of Mandatory BorrowingsBorrowing and the Administrative Agent may (but shall not be obligated to), no later than 2:00 p.m. (Charlotte time) on the date specified in Section 2.6(b) each Lender will reliance upon such assumption, make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Borrower Agent a corresponding amount. If such corresponding amount is not in funds immediately available to the Administrative Agent, such Lender's Commitment Percentage of Mandatory Borrowings to be made on such borrowing date. The Borrower hereby irrevocably authorizes the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately available funds by crediting or wiring such proceeds to the deposit account of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower and the Administrative Agent from time to time or, in the case of Mandatory Borrowings, in the manner specified in Section 2.6(b)(i). Subject to Section 4.7 hereof, the Administrative Agent shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 to the extent that the Swingline Lender has not fact made available to the Administrative Agent by such Lender, the Administrative Agent shall be entitled to recover such corresponding amount on demand from such Lender. If such Lender does not pay such corresponding amount forthwith upon the Administrative Agent’s demand therefor, the Administrative Agent shall promptly notify the Borrower Agent, and the Borrower Agent shall promptly (but in any event within one Business Day) pay such corresponding amount to the Administrative Agent. The Administrative Agent also shall be entitled to recover on demand from such Lender or the Borrower Agent, as the case may be, interest on such corresponding amount in respect of each day from the date such Swingline Loancorresponding amount was made available by the Administrative Agent to the Borrower Agent until the date such corresponding amount is recovered by the Administrative Agent, at a rate per annum equal to (i) if recovered from such Lender, the greater of (A)(x) the daily average Effective Federal Funds Rate (computed on the basis of a year of 360 days) during such period as quoted by Administrative Agent, times (y) such amount or (B) a rate determined by Administrative Agent in accordance with banking industry rules on interbank compensation and (ii) if recovered from the Borrower Agent, the rate of interest applicable to the respective Borrowing, as determined pursuant to Section 2.08. 27Nothing in this Section 2.04 shall be deemed to relieve any Lender from its obligation to make Loans hereunder or to prejudice any rights which the Borrower Agent may have against any Lender as a result of any failure by such Lender to make Loans hereunder.
Appears in 2 contracts
Samples: Abl Credit Agreement (Pyxus International, Inc.), Abl Credit Agreement (Pyxus International, Inc.)
Disbursement of Funds. Not No later than 2:00 p.m. 12:00 Noon (Charlotte time) on the proposed borrowing date, the Swingline Lender will make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory Borrowings, no later than 2:00 p.m. (Charlotte New York time) on the date specified in each Notice of Borrowing, each Bank with a Commitment of the respective Tranche will make available its pro rata portion (determined in accordance with Section 2.6(b1.07) of each Lender such Borrowing requested to be made on such date. All such amounts shall be made available in Dollars and in immediately available funds at the Payment Office of the Agent, and the Agent will make available to the Administrative Agent, for Borrower at the account Payment Office the aggregate of the Borrower, at amounts so made available by the office Banks. Unless the Agent shall have been notified in writing by any Bank prior to the date of the Administrative Agent in funds immediately Borrowing that such Bank does not intend to make available to the Administrative Agent, Agent such LenderBank's Commitment Percentage portion of Mandatory Borrowings any Borrowing to be made on such borrowing date. The Borrower hereby irrevocably authorizes , the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately may assume that such Bank has made such amount available funds by crediting or wiring such proceeds to the deposit account Agent on such date of Borrowing and the Agent may, in reliance upon such assumption, make available to the Borrower identified a corresponding amount. If such corresponding amount is not in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower and the Administrative Agent from time to time or, in the case of Mandatory Borrowings, in the manner specified in Section 2.6(b)(i). Subject to Section 4.7 hereof, the Administrative Agent shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 to the extent that the Swingline Lender has not fact made available to the Administrative Agent by such Bank, the Agent shall be entitled to recover such corresponding amount on demand from such Bank. If such Bank does not pay such corresponding amount forthwith upon the Agent's demand therefor, the Agent shall promptly notify the Borrower, and the Borrower shall immediately pay such corresponding amount to the Agent. The Agent shall also be entitled to recover on demand from such Bank or the Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such Swingline Loan. 27corresponding amount was made available by the Agent to the Borrower, until the date such corresponding amount is recovered by the Agent, at a rate per annum equal to (i) if recovered from such Bank, the cost to the Agent of acquiring overnight federal funds and (ii) if recovered from the Borrower, the rate of interest applicable to the respective Borrowing, as determined pursuant to Section 1.
Appears in 2 contracts
Samples: Credit Agreement (Reckson Services Industries Inc), Credit Agreement (Vantas Inc)
Disbursement of Funds. Not (a) Subject to Article IV, no later than 2:00 3:00 p.m. (Charlotte New York City time) on a New Money DDTL Funding Date, each Lender will make available its pro rata portion based on its Commitment of the proposed borrowing dateLoans to be made on such date in the manner provided below.
(b) Each Lender shall make available all amounts it is to fund to the Borrower in immediately available funds to the Administrative Agent at the office or account from time to time designated by the Administrative Agent to be the account of the Administrative Agent used for such purpose, and, upon receipt of all requested funds (unless the Borrower agrees otherwise), subject to the satisfaction of the conditions in Section 4.01 or 4.02, as applicable, or the waiver thereof in accordance with Section 9.01, the Swingline Lender Administrative Agent will make available to the Administrative Agent, for Borrower the account aggregate of the Borrower, at the office of amounts so made available in U.S. Dollars. Unless the Administrative Agent in funds immediately shall have been notified by any Lender prior to the applicable New Money DDTL Funding Date that such Lender does not intend to make available to the Administrative Agent, the amount Agent its portion of the Swingline Loan Loans to be made on such borrowing date. In , the case of Mandatory BorrowingsAdministrative Agent may assume that such Xxxxxx has made such amount available to the Administrative Agent on such date, no later than 2:00 p.m. and the Administrative Agent, in reliance upon such assumption, may (Charlotte timein its sole discretion and without any obligation to do so) on the date specified in Section 2.6(b) each Lender will make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent Borrower a corresponding amount. If such corresponding amount is not in funds immediately available to the Administrative Agent, such Lender's Commitment Percentage of Mandatory Borrowings to be made on such borrowing date. The Borrower hereby irrevocably authorizes the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately available funds by crediting or wiring such proceeds to the deposit account of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower and the Administrative Agent from time to time or, in the case of Mandatory Borrowings, in the manner specified in Section 2.6(b)(i). Subject to Section 4.7 hereof, the Administrative Agent shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 to the extent that the Swingline Lender has not fact made available to the Administrative Agent by such Xxxxxx and the Administrative Agent has made available same to the Borrower, then the applicable Lender and the Borrower severally agree to pay immediately to the Administrative Agent forthwith on demand (without duplication) such corresponding amount. The Administrative Agent shall also be entitled to recover from such Lender or the Borrower interest on such corresponding amount in respect of each day from the date such corresponding amount was made available by the Administrative Agent to the Borrower to the date such corresponding amount is recovered by the Administrative Agent, at a rate per annum equal to (i) if paid by such Lender, the greater of (A) the Federal Funds Rate and (B) a rate determined by the Administrative Agent in accordance with banking industry rules on interbank compensation or (ii) if paid by the Borrower, the then-applicable rate of interest, calculated in accordance with Section 2.08, for the respective Loans. To the extent any Lender fails to fund the Administrative Agent by the time set forth above, the Administrative Agent may make available to the Borrower the aggregate amount of the funds that have actually been made available to it (which amount shall bear interest from the date specified in the applicable notice of Borrowing (notwithstanding the obligation of any such Swingline LoanLender to reimburse the Borrower any account of any delay in funding)). 27The Administrative Agent shall have no liability for any action taken pursuant to the immediately preceding sentence.
(c) Nothing in this Section 2.03 shall be deemed to relieve any Lender from its obligation to fulfill its commitments hereunder or to prejudice any rights that the Borrower may have against any Lender as a result of any default by such Xxxxxx xxxxxxxxx (it being understood, however, that no Lender shall be responsible for the failure of any other Lender to fulfill its commitments hereunder).
(d) The New Money Delayed Draw Term Loans shall be made available to the Borrower by depositing the proceeds thereof into the DIP Term Loan Proceeds Account.
Appears in 2 contracts
Samples: Term Loan Credit Agreement (Virgin Orbit Holdings, Inc.), Term Loan Credit Agreement (Virgin Orbit Holdings, Inc.)
Disbursement of Funds. (a) Not later than 2:00 p.m. 1:00 P.M. (Charlotte New York time) on the proposed borrowing date, the Swingline Lender will make available to the Administrative Agent, for the account date specified in each Notice of the Borrower, at the office of the Administrative Agent Borrowing (or (x) in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory BorrowingsSwingline Loans, no not later than 2:00 p.m. P.M. (Charlotte New York time) on the date specified in Section 2.6(b1.03(b)(i) each Lender will make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, such Lender's Commitment Percentage of Mandatory Borrowings to be made on such borrowing date. The Borrower hereby irrevocably authorizes the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately available funds by crediting or wiring such proceeds to the deposit account of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower and the Administrative Agent from time to time or, (y) in the case of Mandatory Borrowings, not later than 12:00 Noon (New York time) on the date specified in Section 1.01(d)), each Bank with a Commitment of the respective Tranche will make available its PRO RATA share (determined in accordance with Section 1.07), if any, of each Borrowing requested to be made on such date (or in the case of Swingline Loans, BTCo shall make available the full amount thereof) in the manner specified in Section 2.6(b)(i)provided below. Subject to Section 4.7 hereof, the Administrative Agent All amounts shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 to the extent that the Swingline Lender has not made available to the Administrative Agent in U.S. Dollars and in immediately available funds at the Payment Office and the Administrative Agent promptly will make available to the Borrower by depositing to its account at the Payment Office the aggregate of the amounts so made available in the type of funds received. Unless the Administrative Agent shall have been notified by any Bank prior to the date of Borrowing that such Bank does not intend to make available to the Administrative Agent its portion of the Borrowing or Borrowings to be made on such date, the Administrative Agent may assume that such Bank has made such amount available to the Administrative Agent on such date of Borrowing, and the Administrative Agent, in reliance upon such Swingline Loanassumption, may (in its sole discretion and without any obligation to do so) make available to the Borrower a corresponding amount. 27If such corresponding amount is not in fact made available to the Administrative Agent by such Bank and the Administrative Agent has made available same to the Borrower, the Administrative Agent shall be entitled to recover such corresponding amount on demand from such Bank. If such Bank does not pay such corresponding amount forthwith upon the Administrative Agent's demand therefor, the Administrative Agent shall promptly notify the Borrower, and the Borrower shall immediately pay such corresponding amount to the Administrative Agent. The Administrative Agent shall also be entitled to recover on demand from such Bank or the Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such corresponding amount was made available by the Administrative Agent to the Borrower to the date such corresponding amount is recovered by the Administrative Agent, at a rate per annum equal to (x) if paid by such Bank, the overnight Federal Funds Rate or (y) if paid by the Borrower, the then applicable rate of interest, calculated in accordance with Section 1.08.
(b) Nothing in this Agreement shall be deemed to relieve any Bank from its obligation to fulfill its commitments hereunder or to prejudice any rights which the Borrower may have against any Bank as a result of any default by such Bank hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Alliance Imaging Inc /De/), Credit Agreement (Alliance Imaging Inc /De/)
Disbursement of Funds. Not No later than 2:00 p.m. 1:00 P.M. (Charlotte time) on the proposed borrowing date, the Swingline Lender will make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory Borrowings, no later than 2:00 p.m. (Charlotte New York City time) on the date specified in Section 2.6(b) each Notice of Borrowing, each Lender with a Commitment of the relevant Tranche will make available its pro rata portion (determined in accordance with Section 2.07) of each such Borrowing requested to be made on such date. All such amounts will be made available in Dollars and in immediately available funds at the Notice Office, and the Administrative Agent will make all funds so received by it in like funds as received by the Administrative Agent by wire transfer of such funds to the account designated in writing by Xxxxxxxx (including in any Notice of Borrowing) from time to time. Unless the Administrative Agent shall have been notified by any Lender prior to the date of any Borrowing that such Lender does not intend to make available to the Administrative Agent, for the account Agent such Xxxxxx’s portion of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, such Lender's Commitment Percentage of Mandatory Borrowings any Borrowing to be made on such borrowing date. The Borrower hereby irrevocably authorizes , the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately may assume that such Xxxxxx has made such amount available funds by crediting or wiring such proceeds to the deposit account Administrative Agent on such date of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower Borrowing and the Administrative Agent from time to time or, in the case of Mandatory Borrowings, in the manner specified in Section 2.6(b)(i). Subject to Section 4.7 hereof, the Administrative Agent may (but shall not be obligated to), in reliance upon such assumption, make available to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 to the extent that the Swingline Lender has Borrower a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent by such Lender, the Administrative Agent shall be entitled to recover such corresponding amount of on demand from such Swingline LoanLender. 27If such Lender does not pay such corresponding amount forthwith upon the Administrative Agent’s demand therefor, the Administrative Agent shall promptly notify Borrower and Borrower shall immediately pay such corresponding amount to the Administrative
Appears in 2 contracts
Samples: Term Loan Credit Agreement (Ingram Micro Holding Corp), Term Loan Credit Agreement (Ingram Micro Holding Corp)
Disbursement of Funds. Not (a) No later than (i) 2:00 p.m. (Charlotte New York time), in the case of the Borrowing of the Delayed Draw Term Loan for which a Notice of Borrowing has been timely delivered in accordance with Section 2.03 (other than for Borrowings on the Closing Date), each Lender will make available its Pro Rata Share, if any, of the Borrowing requested to be made on such date in the manner provided below, and (ii) 5:00 p.m. (New York time), in the case of the making of the Initial Term Loan, if the conditions set forth in Article VI to the effectiveness of this Agreement are met prior to 4:00 p.m. (New York time) on the proposed borrowing dateClosing Date, each Lender will make available its Pro Rata Share of the Initial Term Loan in the manner provided below.
(b) Each Lender shall make available all amounts it is to fund to the Borrower, under any Borrowing, in immediately available funds to the Administrative Agent, in an account designated by the Borrower to the Administrative Agent in writing, the Swingline aggregate of the amounts so made available in Dollars. Unless the Administrative Agent shall have been notified by any Lender will prior to the date of any Borrowing that such Lender does not intend to make available to the Administrative Agent, for the account Agent its portion of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory Borrowings, no later than 2:00 p.m. (Charlotte time) on the date specified in Section 2.6(b) each Lender will make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, such Lender's Commitment Percentage of Mandatory Borrowing or Borrowings to be made on such borrowing date. The Borrower hereby irrevocably authorizes the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately available funds by crediting or wiring such proceeds to the deposit account of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower and the Administrative Agent from time to time or, in the case of Mandatory Borrowings, in the manner specified in Section 2.6(b)(i). Subject to Section 4.7 hereof, the Administrative Agent shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 may assume that such Lender has made such amount available to the extent that Administrative Agent on such date of Borrowing, and the Swingline Lender has Administrative Agent, in reliance upon such assumption, may (in its sole discretion and without any obligation to do so) make available to the Borrower a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent by such Lender and the amount of such Swingline Loan. 27Administrative Agent has made
Appears in 1 contract
Disbursement of Funds. Not No later than 2:00 p.m. 1:00 P.M. (Charlotte New York time) on the proposed borrowing datedate specified in each Notice of Borrowing relating to any Loans (or (x) in the case of Swingline Loans, no later than 2:00 P.M. (New York time) on the Swingline Lender will make available date specified pursuant to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent Section 2.03(b)(i) or (y) in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory Borrowings, no later than 2:00 p.m. 12:00 Noon (Charlotte New York time) on the date specified in Section 2.6(b2.01(d)), each Bank with a Commitment under the respective Tranche will make available its Pro Rata Share (if any) of each Borrowing of Loans requested to be made on such date in the manner provided below (or, in the case of Swingline Loans, each Swingline Lender will make available the full amount thereof). All such amounts shall be made available to the Administrative Agent in U.S. Dollars and immediately available funds at the Payment Office and the Administrative Agent promptly will make available to the Administrative Agent, for Borrower by depositing to its account at the account Payment Office the aggregate of the Borrower, at amounts so made available in the office type of funds received (other than in respect of Mandatory Borrowings). Unless the Administrative Agent shall have been notified by any Bank prior to the date of Borrowing of any Loans referred to in funds immediately this Section 2.04(a) that such Bank does not intend to make available to the Administrative Agent, such Lender's Commitment Percentage Agent its portion of Mandatory the Borrowing or Borrowings to be made on such borrowing date. The Borrower hereby irrevocably authorizes the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately available funds by crediting or wiring such proceeds to the deposit account of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower and the Administrative Agent from time to time or, in the case of Mandatory Borrowings, in the manner specified in Section 2.6(b)(i). Subject to Section 4.7 hereof, the Administrative Agent shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 may assume that such Bank has made such amount available to the extent that Administrative Agent on such date of Borrowing, and the Swingline Lender has Administrative Agent, in reliance upon such assumption, may (in its sole discretion and without any obligation to do so) make available to the Borrower a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent by such Bank and the Administrative Agent has made available same to the Borrower, the Administrative Agent shall be entitled to recover such corresponding amount from such Bank. If such Bank does not pay such corresponding amount forthwith upon the Administrative Agent’s demand therefor, the Administrative Agent shall promptly notify the Borrower, and the Borrower shall immediately pay such corresponding amount to the Administrative Agent. The Administrative Agent shall also be entitled to recover from such Bank or the Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such Swingline Loancorresponding amount was made available by the Administrative Agent to the Borrower to the date such corresponding amount is recovered by the Administrative Agent, at a rate per annum equal to (x) if paid by such Bank, the overnight Federal Funds Effective Rate or (y) if paid by the Borrower, the then applicable rate of interest, calculated in accordance with Section 2.08, for the respective Loans. 27Nothing herein shall be deemed to relieve any Bank from its obligation to fulfill its commitments hereunder or to prejudice any rights which the Borrower may have against any Bank as a result of any failure by such Bank to make Loans hereunder.
Appears in 1 contract
Samples: Credit Agreement (Primedia Inc)
Disbursement of Funds. Not (a) Subject to the terms and conditions hereinafter provided, each Bank will make available its pro rata share, if any, of each Borrowing requested to be made on the date specified in a Notice of Borrowing or a Notice of Competitive Bid Borrowing, as the case may be, in the manner provided below by no later than 2:00 p.m. 1:00 P.M. (Charlotte New York time) on the proposed borrowing such date, but, in the Swingline Lender will case of a Borrowing of Base Rate Loans, only to the extent that such Bank has received a notice from the Administrative Agent of such proposed Borrowing. All amounts shall be made available to the Administrative Agent (x) in the case of a Borrowing of Revolving Loans, in an Approved Currency as specified in such Notice of Borrowing and (y) in the case of a Competitive Bid Borrowing, in Dollars or an Approved Alternate Currency as specified in such Notice of Competitive Bid Borrowing and, in each case, in immediately available funds at the Payment Office, and the Administrative Agent promptly will, on the date specified in such Notice of Borrowing, make available to the applicable Borrower by depositing to its account at the Payment Office the aggregate of the amounts so made available by the Banks by the time specified in the preceding sentence in the type of funds received. Unless the Administrative Agent shall have been notified by any Bank prior to the date of Borrowing that such Bank does not intend to make available to the Administrative AgentAgent its portion, for the account if any, of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory Borrowings, no later than 2:00 p.m. (Charlotte time) on the date specified in Section 2.6(b) each Lender will make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, such Lender's Commitment Percentage of Mandatory Borrowing or Borrowings to be made on such borrowing date. The Borrower hereby irrevocably authorizes the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately available funds by crediting or wiring such proceeds to the deposit account of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower and the Administrative Agent from time to time or, in the case of Mandatory Borrowings, in the manner specified in Section 2.6(b)(i). Subject to Section 4.7 hereof, the Administrative Agent shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 may assume that such Bank has made such amount available to the extent that Administrative Agent on such date of Borrowing, and the Swingline Lender has Administrative Agent, in reliance upon such assumption, may (in its sole discretion and without any obligation to do so) make available to such Borrower a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent by such Bank and the Administrative Agent has made available same to such Borrower, the Administrative Agent shall be entitled to recover such corresponding amount from such Bank. If such Bank does not pay such corresponding amount forthwith upon the Administrative Agent’s demand therefor, the Administrative Agent shall promptly notify such Borrower, and such Borrower shall pay such corresponding amount to the Administrative Agent. The Administrative Agent shall also be entitled to recover from such Bank or such Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such Swingline Loan. 27corresponding amount was made available by the Administrative Agent to such Borrower to the date such corresponding amount is recovered by the Administrative Agent, at a rate per annum equal to (x) if to be paid by such Bank, the customary rate set by the Administrative Agent for the correction of errors among banks for each day during the period consisting of the first three Business Days following such date of availability and thereafter at the Base Rate or (y) if to be paid by such Borrower, the then applicable rate of interest, calculated in accordance with Section 1.09 for the respective Loans.
(b) Nothing herein shall be deemed to relieve any Bank from its obligation to fulfill its commitments hereunder or to prejudice any rights which any Borrower may have against any Bank as a result of any default by such Bank hereunder.
Appears in 1 contract
Samples: Credit Agreement (Ametek Inc/)
Disbursement of Funds. Not (a) Each Lender shall make the amount of its Loan available to the Administrative Agent in immediately available funds at the Administrative Agent’s Office not later than 2:00 p.m. (Charlotte New York City time) on the proposed borrowing dateBusiness Day specified in the applicable Borrowing Request. Upon satisfaction of the applicable conditions set forth in Article IV, the Swingline Administrative Agent shall make all funds so received available to the Borrower in like funds as received by the Administrative Agent either by wire transfer of such funds, in each case in accordance with instructions provided to (and reasonably acceptable to) the Administrative Agent by the Borrower.
(b) If any Lender will make makes available to the Administrative Agent, Agent funds for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, the amount of the Swingline any Loan to be made on by such borrowing date. In Lender as provided in the case foregoing provisions of Mandatory Borrowingsthis Article II, no later than 2:00 p.m. (Charlotte time) on the date specified in Section 2.6(b) each Lender will make and such funds are not made available to the Administrative Agent, for the account of the Borrower, at the office of Borrower by the Administrative Agent in funds immediately available because the applicable conditions to the Administrative Agent, such Lender's Commitment Percentage of Mandatory Borrowings to be made on such borrowing date. The Borrower hereby irrevocably authorizes Borrowing set forth in Article VI are not satisfied or waived in accordance with the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately available funds by crediting or wiring such proceeds to the deposit account of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower and the Administrative Agent from time to time or, in the case of Mandatory Borrowings, in the manner specified in Section 2.6(b)(i). Subject to Section 4.7 terms hereof, the Administrative Agent shall return such funds (in like funds as received from such Lender) to such Lender on demand, without interest.
(c) The obligations of the Lenders hereunder to make Loans are several and not be obligated to disburse the proceeds joint. The failure of any Swingline Lender to make any Loan requested pursuant on any date required hereunder shall not relieve any other Lender of its corresponding obligation to this Section 2.6 do so on such date, and no Lender shall be responsible for the failure of any other Lender to so make its Loan.
(d) Nothing herein shall be deemed to obligate any Lender to obtain the extent funds for any Loan in any particular place or manner or to constitute a representation by any Lender that it has obtained or will obtain the Swingline Lender has not made available to the Administrative Agent the amount of such Swingline Loan. 27funds for any Loan in any particular place or manner.
Appears in 1 contract
Disbursement of Funds. Not No later than 2:00 p.m. 12:00 Noon (Charlotte New York time) --------------------- on the date specified in each Notice of Borrowing (or (x) in the case of Swingline Loans, no later than 3:00 P.M. (New York time) on the proposed borrowing date, the Swingline Lender will make available date specified pursuant to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent Section 1.03(b)(i) or (y) in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory Borrowings, no later than 2:00 p.m. 1:00 P.M. (Charlotte New York time) on the date specified in Section 2.6(b1.01(c)), each Bank will make available its pro rata portion (determined in accordance --- ---- with Section 1.07) of each Lender such Borrowing requested to be made on such date (or in the case of Swingline Loans, the Swingline Bank will make available the full amount thereof). All such amounts will be made available in Dollars and in immediately available funds at the Payment Office, and, except for Revolving Loans made pursuant to a Mandatory Borrowing, the Administrative Agent (or the Swingline Lender, as the case may be) will make available to the Administrative Agent, for Borrower at the account Payment Office the aggregate of the Borrower, at amounts so made available by the office of Banks. Unless the Administrative Agent in funds immediately shall have been notified by any Bank prior to the date of Borrowing that such Bank does not intend to make available to the Administrative Agent, Agent such LenderBank's Commitment Percentage portion of Mandatory Borrowings any Borrowing to be made on such borrowing date. The Borrower hereby irrevocably authorizes , the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately may assume that such Bank has made such amount available funds by crediting or wiring such proceeds to the deposit account Administrative Agent on such date of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower Borrowing and the Administrative Agent from time to time or, in the case of Mandatory Borrowings, in the manner specified in Section 2.6(b)(i). Subject to Section 4.7 hereof, the Administrative Agent may (but shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 to), in reliance upon such assumption, make available to the extent that the Swingline Lender has Borrower a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent by such Bank, the Administrative Agent shall be entitled to recover such corresponding amount on demand from such Bank. If such Bank does not pay such corresponding amount forthwith upon the Administrative Agent's demand therefor, the Administrative Agent shall promptly notify the Borrower and the Borrower shall immediately pay such corresponding amount to the Administrative Agent. The Administrative Agent also shall be entitled to recover on demand from such Bank or the Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such Swingline Loan. 27corresponding amount was made available by the Administrative Agent to the Borrower until the date such corresponding amount is recovered by the Administrative Agent, at a rate per annum equal to (i) if recovered from such Bank, at the overnight Federal Funds Rate
Appears in 1 contract
Disbursement of Funds. Not No later than 2:00 p.m. 4:30 P.M. (Charlotte New York time) on the proposed borrowing datedate specified in each Notice of Borrowing (or (x) in the case of Swingline Loans, no later than 4:00 P.M. (New York time) on the Swingline Lender will make available date specified pursuant to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent Section 1.03(b)(i) or (y) in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory Borrowings, no later than 2:00 p.m. 1:00 P.M. (Charlotte New York time) on the date specified in Section 2.6(b) 1.01(d)), each Lender with a Commitment of the respective Tranche will make available its pro rata portion (determined in accordance with Section 1.07) of each such Borrowing requested to be made on such date (or in the case of Swingline Loans, the Swingline Lender will make available the full amount thereof). All such amounts will be made available in Dollars and in immediately available funds at the Payment Office, and the Administrative Agent will, except in the case of Revolving Loans made pursuant to a Mandatory Borrowing, make available to the Borrower at the Payment Office the aggregate of the amounts so made available by the Lenders. Unless the Administrative Agent shall have been notified by any Lender prior to the date of Borrowing that such Lender does not intend to make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, such Lender's Commitment Percentage ’s portion of Mandatory Borrowings any Borrowing to be made on such borrowing date. The Borrower hereby irrevocably authorizes , the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately may assume that such Lender has made such amount available funds by crediting or wiring such proceeds to the deposit account Administrative Agent on such date of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower Borrowing and the Administrative Agent from time to time or, in the case of Mandatory Borrowings, in the manner specified in Section 2.6(b)(i). Subject to Section 4.7 hereof, the Administrative Agent may (but shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 to), in reliance upon such assumption, make available to the extent that the Swingline Lender has Borrower a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent by such Lender, the Administrative Agent shall be entitled to recover such corresponding amount on demand from such Lender. If such Lender does not pay such corresponding amount forthwith upon the Administrative Agent’s demand therefor, the Administrative Agent shall promptly notify the Borrower and the Borrower shall immediately pay such corresponding amount to the Administrative Agent. The Administrative Agent also shall be entitled to recover on demand from such Lender or the Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such Swingline Loancorresponding amount was made available by the Administrative Agent to the Borrower until the date such corresponding amount is recovered by the Administrative Agent, at a rate per annum equal to (i) if recovered from such Lender, the overnight Federal Funds Rate for the first three days and at the interest rate otherwise applicable to such Loans for each day thereafter and (ii) if recovered from the Borrower, the rate of interest applicable to the respective Borrowing, as determined pursuant to Section 1.08. 27Nothing in this Section 1.04 shall be deemed to relieve any Lender from its obligation to make Loans hereunder or to prejudice any rights which the Borrower may have against any Lender as a result of any failure by such Lender to make Loans hereunder.
Appears in 1 contract
Samples: Credit Agreement (Nash Finch Co)
Disbursement of Funds. Not No later than 2:00 p.m. 12:00 Noon (Charlotte New York time) on the proposed borrowing datedate specified in each Notice of Borrowing (or (x) in the case of Swingline Loans, no later than 3:00 P.M. (New York time) on the Swingline Lender will make available date specified pursuant to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent Section 1.03(b)(i) or (y) in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory Borrowings, no later than 2:00 p.m. 12:00 Noon (Charlotte New York time) on the date specified in Section 2.6(b) 1.01(e)), each Lender Bank with a Commitment of the respective Tranche will make available its pro rata portion of each such Borrowing requested to be made on such date (or in the case of Swingline Loans, BTCo shall make available the full amount thereof). All such amounts shall be made available in Dollars and in immediately available funds at the Payment Office of the Administrative Agent, and the Administrative Agent will make available to the Administrative Agent, for relevant Borrower at the account Payment Office the aggregate of the Borrower, at amounts so made available by the office of Banks. Unless the Administrative Agent in funds immediately shall have been notified by any Bank prior to the date of Borrowing that such Bank does not intend to make available to the Administrative Agent, Agent such LenderBank's Commitment Percentage portion of Mandatory Borrowings any Borrowing to be made on such borrowing date. The Borrower hereby irrevocably authorizes , the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately may assume that such Bank has made such amount available funds by crediting or wiring such proceeds to the deposit account Administrative Agent on such date of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower Borrowing and the Administrative Agent from time to time ormay, in the case of Mandatory Borrowingsreliance upon such assumption, in the manner specified in Section 2.6(b)(i). Subject to Section 4.7 hereof, the Administrative Agent shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 make available to the extent that the Swingline Lender has relevant Borrower a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent by such Bank, the Administrative Agent shall be entitled to recover such corresponding amount on demand from such Bank. If such Bank does not pay such corresponding amount forthwith upon the Administrative Agent's demand therefor, the Administrative Agent shall promptly notify the relevant Borrower and such Borrower shall immediately pay such corresponding amount to the Administrative Agent. The Administrative Agent shall also be entitled to recover on demand from such Bank or such Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such Swingline Loan. 27corresponding amount was made available by the Administrative Agent to such Borrower until the date such corresponding
Appears in 1 contract
Disbursement of Funds. Not No later than 2:00 p.m. 1:00 P.M. (Charlotte New York time) on the proposed borrowing datedate specified in each Notice of Borrowing (or (x) in the case of Swingline Loans, no later than 4:00 P.M. (New York time) on the Swingline Lender will make available date specified pursuant to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent Section 2.03(b)(i) or (y) in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory Borrowings, no later than 2:00 p.m. 1:00 P.M. (Charlotte New York time) on the date specified in Section 2.6(b) 2.01(f)), each Lender with a Commitment of the respective Tranche will make available its pro rata portion (determined in accordance with Section 2.07) of each such Borrowing requested to be made on such date (or in the case of Swingline Loans, the Swingline Lender will make available the full amount thereof). All such amounts will be made available in Dollars and in immediately available funds at the Payment Office, and the Administrative Agent will, except in the case of Revolving Loans made pursuant to a Mandatory Borrowing, make available to the Borrower at the Payment Office the aggregate of the amounts so made available by the Lenders. Unless the Administrative Agent shall have been notified by any Lender prior to the date of Borrowing that such Lender does not intend to make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, such Lender's Commitment Percentage ’s portion of Mandatory Borrowings any Borrowing to be made on such borrowing date. The Borrower hereby irrevocably authorizes , the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately may assume that such Lender has made such amount available funds by crediting or wiring such proceeds to the deposit account Administrative Agent on such date of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower Borrowing and the Administrative Agent from time to time or, in the case of Mandatory Borrowings, in the manner specified in Section 2.6(b)(i). Subject to Section 4.7 hereof, the Administrative Agent may (but shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 to), in reliance upon such assumption, make available to the extent that the Swingline Lender has Borrower a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent by such Lender, the Administrative Agent shall be entitled to recover such corresponding amount on demand from such Lender. If such Lender does not pay such corresponding amount forthwith upon the Administrative Agent’s demand therefor, the Administrative Agent shall promptly notify the Borrower and the Borrower shall immediately pay such corresponding amount to the Administrative Agent. The Administrative Agent also shall be entitled to recover on demand from such Lender or the Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such Swingline Loancorresponding amount was made available by the Administrative Agent to the Borrower until the date such corresponding amount is recovered by the Administrative Agent, at a rate per annum equal to (i) if recovered from such Lender, the overnight Federal Funds Rate for the first three days and at the interest rate otherwise applicable to such Loans for each day thereafter, and (ii) if recovered from the Borrower, the rate of interest applicable to the respective Borrowing, as determined pursuant to Section 2.08. 27Nothing in this
Appears in 1 contract
Disbursement of Funds. Not No later than 2:00 p.m. 1:00 P.M. (Charlotte New York time) on the proposed borrowing datedate specified in each Notice of Borrowing (or (x) in the case of Swingline Loans, no later than 4:00 P.M. (New York time) on the Swingline Lender will make available date specified pursuant to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent Section 1.03(b)(i) or (y) in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory Borrowings, no later than 2:00 p.m. 1:00 P.M. (Charlotte New York time) on the date specified in Section 2.6(b) 1.01(d)), each Lender with a Commitment of the respective Tranche will make available its pro rata portion (determined in accordance with Section 1.07) of each such Borrowing requested to be made on such date (or in the case of Swingline Loans, the Swingline Lender will make available the full amount thereof). All such amounts will be made available in Dollars and in immediately available funds at the Payment Office, and the Administrative Agent will, except in the case of Revolving Loans made pursuant to a Mandatory Borrowing, make available to the Borrower by depositing into its account at the Payment Office or as otherwise directed in accordance with Section 1.03(c)(ii) the aggregate of the amounts so made available by the Lenders. Unless the Administrative Agent shall have been notified by any Lender prior to the date of Borrowing that such Lender does not intend to make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, such Lender's Commitment Percentage portion of Mandatory Borrowings any Borrowing to be made on such borrowing date. The Borrower hereby irrevocably authorizes , the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately may assume that such Lender has made such amount available funds by crediting or wiring such proceeds to the deposit account Administrative Agent on such date of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower Borrowing and the Administrative Agent from time to time or, in the case of Mandatory Borrowings, in the manner specified in Section 2.6(b)(i). Subject to Section 4.7 hereof, the Administrative Agent may (but shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 to), in reliance upon such assumption, make available to the extent that the Swingline Lender has Borrower a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent by such Lender, the Administrative Agent shall be entitled to recover such corresponding amount on demand from such Lender. If such Lender does not pay such corresponding amount forthwith upon the Administrative Agent's demand therefor, the Administrative Agent shall promptly notify the Borrower and the Borrower shall immediately pay such corresponding amount to the Administrative Agent. The Administrative Agent also shall be entitled to recover on demand from such Lender or the Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such Swingline Loancorresponding amount was made available by the Administrative Agent to the Borrower until the date such corresponding amount is recovered by the Administrative Agent, at a rate per annum equal to (i) if recovered from such Lender, the overnight Federal Funds Rate for the first three days and at the interest rate otherwise applicable to such Loans for each day thereafter, and (ii) if recovered from the Borrower, the rate of interest applicable to the respective Borrowing, as determined pursuant to Section 1.08. 27Nothing in this Section 1.04 shall be deemed to relieve any Lender from its obligation to make Loans hereunder or to prejudice any rights which the Borrower may have against any Lender as a result of any failure by such Lender to make Loans hereunder.
Appears in 1 contract
Disbursement of Funds. (a) Not later than 2:00 p.m. 1:00 P.M. (Charlotte New York --------------------- time) on the proposed borrowing date, the Swingline Lender will make available to the Administrative Agent, for the account date specified in each Notice of the Borrower, at the office of the Administrative Agent Borrowing (or (x) in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory BorrowingsSwingline Loans, no not later than 2:00 p.m. P.M. (Charlotte New York time) on the date specified in Section 2.6(b1.03(b)(i) each Lender will make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, such Lender's Commitment Percentage of Mandatory Borrowings to be made on such borrowing date. The Borrower hereby irrevocably authorizes the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately available funds by crediting or wiring such proceeds to the deposit account of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower and the Administrative Agent from time to time or, (y) in the case of Mandatory Borrowings, not later than 12:00 Noon (New York time) on the date specified in Section 1.01(d)), each Bank with a Commitment under the respective Tranche will make available its pro rata share (determined --- ---- in accordance with Section 1.07), if any, of each Borrowing requested to be made on such date (or in the case of Swingline Loans, BTCo shall make available the full amount thereof) in the manner specified in Section 2.6(b)(i)provided below. Subject to Section 4.7 hereof, the Administrative Agent All amounts shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 to the extent that the Swingline Lender has not made available to the Administrative Agent in U.S. Dollars and in immediately available funds at the Payment Office and the Administrative Agent promptly will make available to the Borrower by depositing to its account at the Payment Office the aggregate of the amounts so made available in the type of funds received. Unless the Administrative Agent shall have been notified by any Bank prior to the date of Borrowing that such Bank does not intend to make available to the Administrative Agent its portion of the Borrowing or Borrowings to be made on such date, the Administrative Agent may assume that such Bank has made such amount available to the Administrative Agent on such date of Borrowing, and the Administrative Agent, in reliance upon such Swingline Loanassumption, may (in its sole discretion and without any obligation to do so) make available to the Borrower a corresponding amount. 27If such corresponding amount is not in fact made available to the Administrative Agent by such Bank and the Administrative Agent has made available same to the Borrower, the Administrative Agent shall be entitled to recover such corresponding amount on demand from such Bank. If such Bank does not pay such corresponding amount forthwith upon the Administrative Agent's demand therefor, the Administrative Agent shall promptly notify the Borrower, and the Borrower shall immediately pay such corresponding amount to the Administrative Agent. The Administrative Agent shall also be entitled to recover on demand from such Bank or the Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such corresponding amount was made available by the Administrative Agent to the Borrower to the date such corresponding amount is recovered by the Administrative Agent, at a rate per annum equal to (x) if paid by such Bank, the overnight Federal Funds Rate or (y) if paid by the Borrower, the then applicable rate of interest, calculated in accordance with Section 1.08.
(b) Nothing in this Agreement shall be deemed to relieve any Bank from its obligation to fulfill its commitments hereunder or to prejudice any rights which the Borrower may have against any Bank as a result of any default by such Bank hereunder.
Appears in 1 contract
Samples: Credit Agreement (Pacer Express Inc)
Disbursement of Funds. Not No later than 2:00 p.m. P.M. (Charlotte or 11:00 A.M. in the case of the Initial Borrowing Date) (New York time) on the proposed borrowing date, the Swingline Lender will make available to the Administrative Agent, for the account date specified in each Notice of the Borrower, at the office of the Administrative Agent Borrowing or (x) in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory BorrowingsSwingline Loans, no not later than 2:00 4:00 p.m. (Charlotte New York time) on the date specified in Section 2.6(b1.03(b)(i) each Lender will make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, such Lender's Commitment Percentage of Mandatory Borrowings to be made on such borrowing date. The Borrower hereby irrevocably authorizes the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately available funds by crediting or wiring such proceeds to the deposit account of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower and the Administrative Agent from time to time or, (y) in the case of Mandatory Borrowings, in not later than 1:00 P.M. (New York time) on the manner date specified in Section 2.6(b)(i1.01(d), each Bank with a Commitment under the respective Tranche will make available its PRO RATA portion of each Borrowing of Loans requested to be made on such date (or, in the case of Swingline Loans, the Swingline Bank shall make available the full amount thereof), in immediately available funds at the Payment Office of the Administrative Agent. Subject The Administrative Agent will make available to Section 4.7 hereofthe Borrower at the Payment Office in immediately available funds, the aggregate of the amounts so made available by the Banks prior to 2:00 P.M. (New York time) on such day, to the extent of funds actually received by the Administrative Agent. Unless the Administrative Agent shall have been notified by any Bank prior to the date of Borrowing that such Bank does not intend to make available to the Administrative Agent such Bank's portion of any Borrowing to be made on such date, the Administrative Agent shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 may assume that such Bank has made such amount available to the extent that Administrative Agent on such date of Borrowing and the Swingline Lender has Administrative Agent may, in reliance upon such assumption, make available to the Borrower a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent by such Bank, the Administrative Agent shall be entitled to recover such corresponding amount of on demand from such Swingline LoanBank. 27If such Bank does not pay such corresponding amount forthwith upon the Administrative Agent's demand therefor, the Administrative Agent shall promptly notify the Borrower and the Borrower shall immediately pay such corresponding amount to the Administrative Agent. The Administrative Agent shall also be entitled to recover on demand from such Bank or the Borrower, as the case may be, interest on such corresponding amount in
Appears in 1 contract
Disbursement of Funds. (a) Not later than 2:00 p.m. 1:00 P.M. (Charlotte New York --------------------- time) on the proposed borrowing date, the Swingline Lender will make available to the Administrative Agent, for the account date specified in each Notice of the Borrower, at the office of the Administrative Agent Borrowing (or (x) in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory BorrowingsSwingline Loans, no not later than 2:00 p.m. P.M. (Charlotte New York time) on the date specified in Section 2.6(b1.03(b)(i) each Lender will make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, such Lender's Commitment Percentage of Mandatory Borrowings to be made on such borrowing date. The Borrower hereby irrevocably authorizes the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately available funds by crediting or wiring such proceeds to the deposit account of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower and the Administrative Agent from time to time or, (y) in the case of Mandatory Borrowings, not later than 12:00 Noon (New York time) on the date specified in Section 1.01(d)), each Bank with a Commitment of the respective Tranche will make available its pro rata --- ---- share (determined in accordance with Section 1.07), if any, of each Borrowing requested to be made on such date (or in the case of Swingline Loans, BTCo shall make available the full amount thereof) in the manner specified in Section 2.6(b)(i)provided below. Subject to Section 4.7 hereof, the Administrative Agent All amounts shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 to the extent that the Swingline Lender has not made available to the Administrative Agent in U.S. Dollars and in immediately available funds at the Payment Office and the Agent promptly will make available to the respective Borrower by depositing to its account at the Payment Office the aggregate of the amounts so made available in the type of funds received. Unless the Agent shall have been notified by any Bank prior to the date of Borrowing that such Bank does not intend to make available to the Agent its portion of the Borrowing or Borrowings to be made on such date, the Agent may assume that such Bank has made such amount available to the Agent on such date of Borrowing, and the Agent, in reliance upon such Swingline Loanassumption, may (in its sole discretion and without any obligation to do so) make available to the respective Borrower a corresponding amount. 27If such corresponding amount is not in fact made available to the Agent by such Bank and the Agent has made available same to such Borrower, the Agent shall be entitled to recover such corresponding amount on demand from such Bank. If such Bank does not pay such corresponding amount forthwith upon the Agent's demand therefor, the Agent shall promptly notify the relevant Borrower, and such Borrower shall immediately pay such corresponding amount to the Agent. The Agent shall also be entitled to recover on demand from such Bank or either Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such corresponding amount was made available by the Agent to the respective Borrower to the date such corresponding amount is recovered by the Agent, at a rate per annum equal to (x) if paid by such Bank, the overnight Federal Funds Rate or (y) if paid by a Borrower, the then applicable rate of interest, calculated in accordance with Section 1.08.
(b) Nothing in this Agreement shall be deemed to relieve any Bank from its obligation to fulfill its commitments hereunder or to prejudice any rights which a Borrower may have against any Bank as a result of any default by such Bank hereunder.
Appears in 1 contract
Disbursement of Funds. Not No later than 2:00 p.m. 1:00 P.M. (Charlotte time) on the proposed borrowing date, the Swingline Lender will make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory Borrowings, no later than 2:00 p.m. (Charlotte New York time) on the date specified in Section 2.6(b) each Lender Notice of Borrowing, each Bank will make available its pro rata portion of each Borrowing of Loans requested to be made on such date, in Dollars and in immediately available funds at the Payment Office of the Administrative Agent. The Administrative Agent will make available to the Borrower at the Payment Office in Dollars and in immediately available funds, the aggregate of the amounts so made available by the Banks prior to 2:00 P.M. (New York time) on such day, to the extent of funds actually received by the Administrative Agent, for the account of the Borrower, at the office of . Unless the Administrative Agent in funds immediately shall have been notified by any Bank prior to the date of Borrowing that such Bank does not intend to make available to the Administrative Agent, Agent such LenderBank's Commitment Percentage portion of Mandatory Borrowings any Borrowing to be made on such borrowing date. The Borrower hereby irrevocably authorizes , the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately may assume that such Bank has made such amount available funds by crediting or wiring such proceeds to the deposit account Administrative Agent on such date of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower Borrowing and the Administrative Agent from time to time ormay, in the case of Mandatory Borrowingsreliance upon such assumption, in the manner specified in Section 2.6(b)(i). Subject to Section 4.7 hereof, the Administrative Agent shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 make available to the extent that the Swingline Lender has Borrower a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent by such Bank, the Administrative Agent shall be entitled to recover such corresponding amount on demand from such Bank. If such Bank does not pay such corresponding amount forthwith upon the Administrative Agent's demand therefor, the Administrative Agent shall promptly notify the Borrower and the Borrower shall immediately pay such corresponding amount to the Administrative Agent. The Administrative Agent shall also be entitled to recover on demand from such Bank or the Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such Swingline Loan. 27corresponding amount was made available by the Administrative Agent to the Borrower until the date such corresponding amount is recovered by the Administrative Agent, at a rate per annum equal to (i) if recovered from such Bank, the overnight Federal Funds Rate and (ii) if recovered from the Borrower, the rate of interest applicable to the respective Borrowing, as determined pursuant to Section 1.
Appears in 1 contract
Samples: Credit Agreement (Gleason Corp /De/)
Disbursement of Funds. Not later than 2:00 p.m. (Charlotte time) on the proposed borrowing date, the Swingline Lender will make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, shall advise each Lender by telephone or telecopy of the amount of the Swingline such Lender’s Pro Rata Share of any Loan to be made on such borrowing date. In the case of Mandatory Borrowings, requested by Borrower no later than 2:00 p.m. 11:00 a.m. (Charlotte Denver time) on at least two (2) Business Days immediately preceding the date specified in Section 2.6(b) each Lender will make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, such Lender's Commitment Percentage of Mandatory Borrowings to be made on such borrowing date. The Borrower hereby irrevocably authorizes the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately available funds by crediting or wiring such proceeds to the deposit account of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower and the Administrative Agent from time to time or, Funding Date applicable thereto (in the case of Mandatory BorrowingsLIBOR Loans), otherwise on the Business Day immediately preceding the Funding Date applicable thereto, and each such Lender shall pay Administrative Agent such Lender’s Pro Rata Share of such requested Loan, in same day funds, by wire transfer to Administrative Agent’s account by no later than 1:00 p.m. (Denver time) on such Funding Date. If any Lender fails to pay the manner specified in Section 2.6(b)(i). Subject to Section 4.7 hereofamount of its Pro Rata Share forthwith upon Administrative Agent’s demand, the Administrative Agent shall not be obligated promptly notify Borrower, and Administrative Agent shall disburse to disburse the proceeds Borrower, by wire transfer of immediately available funds, that portion of such Loan as to which Administrative Agent has received funds. In such event, Administrative Agent may, on behalf of any Swingline Loan requested pursuant Lender not timely paying Administrative Agent, disburse funds to this Section 2.6 Borrower for Loans requested, subject to the extent that the Swingline provisions of Subsection 8.5(B). Each such Lender has not made available to the shall reimburse Administrative Agent on demand for all funds disbursed on its behalf by Administrative Agent. Nothing in this Subsection 8.4 or elsewhere in this Agreement or the amount other Loan Documents, including the provisions of Subsection 8.5, shall be deemed to require Administrative Agent to advance funds on behalf of any Lender or to relieve any Lender from its obligation to fulfill its commitments hereunder or to prejudice any rights that Administrative Agent or Borrower may have against any Lender as a result of any default by such Swingline Loan. 27Lender hereunder.
Appears in 1 contract
Samples: Credit Agreement
Disbursement of Funds. Not No later than 2:00 p.m. 1:00 P.M. (Charlotte San Francisco time) on the proposed borrowing datedate specified in each Notice of Borrowing (or (x) in the case of Swingline Loans, no later than 12:00 Noon. (San Francisco time) on the Swingline Lender will make available date specified pursuant to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent Section 1.03(a)(i) or (y) in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory Borrowings, no later than 2:00 p.m. 1:00 P.M. (Charlotte San Francisco time) on the date specified in Section 2.6(b) 1.01(d)), each Lender with a Commitment of the respective Tranche will make available its pro rata portion (determined in accordance with Section 1.07) of each such Borrowing requested to be made on such date (or in the case of Swingline Loans, the Swingline Lender will make available the full amount thereof). All such amounts will be made available in Dollars and in immediately available funds at the Payment Office, and the Administrative Agent will, except in the case of Revolving Loans made pursuant to a Mandatory Borrowing, make available to the Borrower at the Payment Office the aggregate of the amounts so made available by the Lenders. Unless the Administrative Agent shall have been notified by any Lender prior to the date of Borrowing that such Lender does not intend to make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, such Lender's Commitment Percentage ’s portion of Mandatory Borrowings any Borrowing to be made on such borrowing date. The Borrower hereby irrevocably authorizes , the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately may assume that such Lender has made such amount available funds by crediting or wiring such proceeds to the deposit account Administrative Agent on such date of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower Borrowing and the Administrative Agent from time to time or, in the case of Mandatory Borrowings, in the manner specified in Section 2.6(b)(i). Subject to Section 4.7 hereof, the Administrative Agent may (but shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 to), in reliance upon such assumption, make available to the extent that the Swingline Lender has Borrower a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent by such Lender, the Administrative Agent shall be entitled to recover such corresponding amount on demand from such Lender. If such Lender does not pay such corresponding amount forthwith upon the Administrative Agent’s demand therefor, the Administrative Agent shall promptly notify the Borrower and the Borrower shall immediately pay such corresponding amount to the Administrative Agent. The Administrative Agent also shall be entitled to recover on demand from such Lender or the Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such Swingline Loancorresponding amount was made available by the Administrative Agent to the Borrower until the date such corresponding amount is recovered by the Administrative Agent, at a rate per annum equal to (i) if recovered from such Lender, the overnight Federal Funds Rate, and (ii) if recovered from the Borrower, the rate of interest applicable to the respective Borrowing, as determined pursuant to Section 1.08. 27Nothing in this Section 1.04 shall be deemed to relieve any Lender from its obligation to make Loans hereunder or to prejudice any rights which the Borrower may have against any Lender as a result of any failure by such Lender to make Loans hereunder.
Appears in 1 contract
Disbursement of Funds. Not later than 2:00 p.m. (Charlotte time) on Except as otherwise specifically provided in the proposed borrowing date, the Swingline Lender will make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory Borrowingssucceeding sentence, no later than 2:00 p.m. 12:00 Noon (Charlotte New York time) on the date specified in Section 2.6(b) each Notice of Borrowing, each Lender will make available to the Administrative Agent, for the account its pro rata portion of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, each such Lender's Commitment Percentage of Mandatory Borrowings Borrowing requested to be made on such borrowing date. The Borrower hereby irrevocably authorizes the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 All such amounts shall be made available in Dollars and in immediately available funds by crediting or wiring such proceeds to at the deposit account Payment Office of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower Administrative Agent and the Administrative Agent from time will make available to time orthe Borrower (prior to 1:00 P.M. (New York Time) on such day to the extent of funds actually received by the Administrative Agent prior to 12:00 Noon (New York Time) on such day) at the Payment Office, in the case of Mandatory Borrowings, account specified in the manner specified in Section 2.6(b)(i)applicable Notice of Borrowing, the aggregate of the amounts so made available by the Lenders. Subject Unless the Administrative Agent shall have been notified by any Lender prior to Section 4.7 hereofthe date of Borrowing that such Lender does not intend to make available to the Administrative Agent such Lender’s portion of any Borrowing to be made on such date, the Administrative Agent shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 may assume that such Lender has made such amount available to the extent that Administrative Agent on such date of Borrowing and the Swingline Lender has Administrative Agent may, in reliance upon such assumption, make available to the Borrower a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent by such Lender, the Administrative Agent shall be entitled to recover such corresponding amount of on demand from such Swingline LoanLender. 27If such Lender does not pay such corresponding amount forthwith upon the Administrative Agent’s demand therefore, the Administrative Agent shall promptly notify the Borrower and the Borrower shall immediately pay such corresponding amount to the
Appears in 1 contract
Disbursement of Funds. Not later than 2:00 p.m. (Charlotte time) on the proposed borrowing date, the Swingline Lender will make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, shall advise each Lender by telephone or telecopy of the amount of the Swingline such Lender’s Pro Rata Share of any Loan to be made on such borrowing date. In the case of Mandatory Borrowings, requested by Borrower no later than 2:00 p.m. 11:00 a.m. (Charlotte Denver time) on at least two (2) Business Days immediately preceding the date specified in Section 2.6(b) each Lender will make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, such Lender's Commitment Percentage of Mandatory Borrowings to be made on such borrowing date. The Borrower hereby irrevocably authorizes the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately available funds by crediting or wiring such proceeds to the deposit account of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower and the Administrative Agent from time to time or, Funding Date applicable thereto (in the case of Mandatory BorrowingsLIBOR Loans), otherwise on the Business Day immediately preceding the Funding Date applicable thereto, and each such Lender shall pay Administrative Agent such Lender’s Pro Rata Share of such requested Loan, in same day funds, by wire transfer to Administrative Agent’s account by no later than 1:00 p.m. (Denver time) on such Funding Date. If any Lender fails to pay the manner specified in Section 2.6(b)(i). Subject to Section 4.7 hereofamount of its Pro Rata Share forthwith upon Administrative Agent’s demand, the Administrative Agent shall not be obligated promptly notify Borrower, and Administrative Agent shall disburse to disburse the proceeds Borrower, by wire transfer of immediately available funds, that portion of such Loan as to which Administrative Agent has received funds. In such event, Administrative Agent may, on behalf of any Swingline Loan requested pursuant Lender not timely paying Administrative Agent, disburse funds to this Section 2.6 Borrower for Loans requested, subject to the extent that the Swingline provisions of Subsection 8.5(B). Each such Lender has not made available to the shall reimburse Administrative Agent on demand for all funds disbursed on its behalf by Administrative Agent. Nothing in this Subsection 8.4 or elsewhere in this Agreement or the amount other Loan Documents, including the provisions of Subsection 8.5, shall be deemed to require Administrative Agent to advance funds on behalf of any Lender or to relieve any Lender from its obligation to fulfill its commitments hereunder or to prejudice any rights that Administrative Agent or Borrower may have against any Lender as a result of any default by such Swingline Loan. 27Xxxxxx xxxxxxxxx.
Appears in 1 contract
Samples: Credit Agreement
Disbursement of Funds. Not The Administrative Agent shall advise each Lender by telephone or telecopy of the amount of such Lender’s Pro Rata Share of any Loan requested by the Borrower no later than 2:00 p.m. 11:00 a.m. (Charlotte Denver, Colorado time) at least two Business Days immediately preceding the Funding Date applicable thereto (in the case of LIBOR Loans), otherwise on the proposed borrowing dateBusiness Day immediately preceding the Funding Date applicable thereto, and each such Lender shall pay the Swingline Lender will make available Administrative Agent such Lender’s Pro Rata Share of such requested Loan, in same day funds, by wire transfer to the Administrative Agent’s account by no later than 1:00 p.m. (Denver, for Colorado time) on such Funding Date. If any Lender fails to pay the account amount of the Borrower, at the office of the Administrative Agent in funds immediately available to its Pro Rata Share forthwith upon the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory Borrowings, no later than 2:00 p.m. (Charlotte time) on the date specified in Section 2.6(b) each Lender will make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, such Lender's Commitment Percentage of Mandatory Borrowings to be made on such borrowing date. The Borrower hereby irrevocably authorizes the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately available funds by crediting or wiring such proceeds to the deposit account of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower and the Administrative Agent from time to time or, in the case of Mandatory Borrowings, in the manner specified in Section 2.6(b)(i). Subject to Section 4.7 hereof’s demand, the Administrative Agent shall not be obligated to disburse promptly notify the proceeds of any Swingline Loan requested pursuant to this Section 2.6 to the extent that the Swingline Lender has not made available to Borrower, and the Administrative Agent shall disburse to the amount Borrower, by wire transfer of immediately available funds, that portion of such Swingline LoanLoan as to which the Administrative Agent has received funds. 27In such event, the Administrative Agent may, on behalf of any Lender not timely paying the Administrative Agent, disburse funds to the Borrower for Loans requested, subject to the provisions of Subsection 8.5(B). Each such Lender shall reimburse the Administrative Agent on demand for all funds disbursed on its behalf by the Administrative Agent. Nothing in this Subsection 8.4 or elsewhere in this Agreement or the other Loan Documents, including the provisions of Subsection 8.5, shall be deemed to require the Administrative Agent (or any other Lender) to advance funds on behalf of any Lender or to relieve any Lender from its obligation to fulfill its commitments hereunder or to prejudice any rights that the Administrative Agent or the Borrower may have against any Lender as a result of any default by such Lender hereunder.
Appears in 1 contract
Disbursement of Funds. Not No later than 2:00 p.m. (Charlotte time) 11:00 a.m. on the proposed borrowing dateClosing Date, each Lender will make available its pro rata share of the Swingline Lender Loan requested to be made on such date in the manner provided below. All amounts shall be made available to the Administrative Agent in U.S. Legal Tender and immediately available funds at the Payment Office and the Administrative Agent immediately will make available to the Administrative Agent, for Company by depositing to its account at the account Payment Office the aggregate of the Borrower, at amounts so made available in the office type of funds received. Unless the Administrative Agent in funds immediately shall have been notified by any Lender prior to the Closing Date that such Lender does not intend to make available to the Administrative Agent, the amount Agent its portion of the Swingline Loan to be made on such borrowing date. In , the case of Mandatory BorrowingsAdministrative Agent may assume that such Lender has made such amount available to the Administrative Agent on such date, no later than 2:00 p.m. and the Administrative Agent, in reliance upon such assumption, may (Charlotte timein its sole discretion and without any obligation to do so) on the date specified in Section 2.6(b) each Lender will make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent Company a corresponding amount. If such corresponding amount is not in funds immediately available to the Administrative Agent, such Lender's Commitment Percentage of Mandatory Borrowings to be made on such borrowing date. The Borrower hereby irrevocably authorizes the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately available funds by crediting or wiring such proceeds to the deposit account of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower and the Administrative Agent from time to time or, in the case of Mandatory Borrowings, in the manner specified in Section 2.6(b)(i). Subject to Section 4.7 hereof, the Administrative Agent shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 to the extent that the Swingline Lender has not fact made available to the Administrative Agent by such Lender and the Administrative Agent has made available the same to the Company, the Administrative Agent shall be entitled to recover such corresponding amount of from such Swingline LoanLender. 27If such Lender does not pay such corresponding amount forthwith upon the Administrative Agent's demand therefor, the Administrative Agent shall promptly notify the Company, and the Company shall immediately pay such corresponding amount to the
Appears in 1 contract
Disbursement of Funds. Not No later than 2:00 p.m. 11:00 A.M. (Charlotte Chicago time) on the proposed borrowing datedate specified in each Notice of Borrowing (or (x) in the case of Swingline Loans, no later than 2:00 P.M. (Chicago time) on the Swingline Lender will make available date specified pursuant to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent Section 1.03(b)(i) or (y) in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory Borrowings, no later than 2:00 p.m. 12:00 Noon (Charlotte Chicago time) on the date specified in Section 2.6(b) 1.01(e)), each Lender with a Commitment of the respective Tranche will make available its pro rata portion (determined in accordance with Section 1.07) of each such Borrowing requested to be made on such date (or in the case of Swingline Loans, the Swingline Lender will make available the full amount thereof). All such amounts will be made available in Dollars and in immediately available funds at the Payment Office, and the Administrative Agent will, except in the case of Revolving Loans made pursuant to a Mandatory Borrowing, make available to the Borrower at the Payment Office the aggregate of the amounts so made available by the Lenders. Unless the Administrative Agent shall have been notified by any Lender prior to the date of Borrowing that such Lender does not intend to make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, such Lender's Commitment Percentage portion of Mandatory Borrowings any Borrowing to be made on such borrowing date. The Borrower hereby irrevocably authorizes , the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately may assume that such Lender has made such amount available funds by crediting or wiring such proceeds to the deposit account Administrative Agent on such date of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower Borrowing and the Administrative Agent from time to time or, in the case of Mandatory Borrowings, in the manner specified in Section 2.6(b)(i). Subject to Section 4.7 hereof, the Administrative Agent may (but shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 to), in reliance upon such assumption, make available to the extent that the Swingline Lender has Borrower a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent by such Lender, the Administrative Agent shall be entitled to recover such corresponding amount on demand from such Lender. If such Lender does not pay such corresponding amount forthwith upon the Administrative Agent's demand therefor, the Administrative Agent shall promptly notify the Borrower and the Borrower shall immediately pay such corresponding amount to the Administrative Agent. The Administrative Agent also shall be entitled to recover on demand from such Lender or the Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such Swingline Loancorresponding amount was made available by the Administrative Agent to the Borrower until the date such corresponding amount is recovered by the Administrative Agent, at a rate per annum equal to (i) if recovered from such Lender, the overnight Federal Funds Rate for the first three days and at the interest rate otherwise applicable to such Loans for each day thereafter and (ii) if recovered from the Borrower, the rate of interest applicable to the respective Borrowing, as determined pursuant to Section 1.08. 27Nothing in this
Appears in 1 contract
Samples: Credit Agreement (Infousa Inc)
Disbursement of Funds. Not No later than 2:00 p.m. 12:00 Noon (Charlotte time) on the proposed borrowing date, the Swingline Lender will make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory Borrowings, no later than 2:00 p.m. (Charlotte New York time) on the date specified in each Notice of Borrowing, each Bank with a Commitment of the respective Tranche will make available its pro rata portion (determined in accordance with Section 2.6(b1.07) of each Lender such Borrowing requested to be made on such date. All such amounts shall be made available in Dollars and in immediately available funds at the Payment Office of the Agent, and the Agent will make available to the Administrative Agent, for Borrower at the account Payment Office the aggregate of the Borrower, at amounts so made available by the office Banks. Unless the Agent shall have been notified by any Bank prior to the date of the Administrative Agent in funds immediately Borrowing that such Bank does not intend to make available to the Administrative Agent, Agent such LenderBank's Commitment Percentage portion of Mandatory Borrowings any Borrowing to be made on such borrowing date. The Borrower hereby irrevocably authorizes , the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately may assume that such Bank has made such amount available funds by crediting or wiring such proceeds to the deposit account Agent on such date of Borrowing and the Agent may, in reliance upon such assumption, make available to the Borrower identified a corresponding amount. If such corresponding amount is not in fact made available to the most recent Notice of Account Designation or as may Agent by such Bank, the Agent shall be otherwise agreed entitled to recover such corresponding amount on demand from such Bank. If such Bank does not pay such corresponding amount forthwith upon by the Agent's demand therefor, the Agent shall promptly notify the Borrower and the Administrative Borrower shall immediately pay such corresponding amount to the Agent. The Agent shall also be entitled to recover on demand from time to time orsuch Bank or the Borrower, in as the case may be, interest on such corresponding amount in respect of Mandatory Borrowingseach day from the date such corresponding amount was made available by the Agent to the Borrower until the date such corresponding amount is recovered by the Agent, in at a rate per annum equal to (i) if recovered from such Bank, the manner specified in Section 2.6(b)(i). Subject cost to the Agent of acquiring overnight Federal Funds and (ii) if recovered from the Borrower, the rate of interest applicable to the respective Borrowing, as determined pursuant to Section 4.7 hereof, the Administrative Agent shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 to the extent that the Swingline Lender has not made available to the Administrative Agent the amount of such Swingline Loan. 271.
Appears in 1 contract
Samples: Credit Agreement (Staff Leasing Inc)
Disbursement of Funds. Not (a) Subject to the terms and conditions --------------------- hereinafter provided, each Bank will make available its pro rata share, if any, --- ---- of each Borrowing requested to be made on the date specified in a Notice of Borrowing or a Notice of Competitive Bid Borrowing, as the case may be, in the manner provided below by no later than 2:00 p.m. 1:00 P.M. (Charlotte New York time) on the proposed borrowing such date, but, in the Swingline Lender will case of a Borrowing of Base Rate Loans, only to the extent that such Bank has received a notice from the Administrative Agent of such proposed Borrowing. All amounts shall be made available to the Administrative Agent (x) in the case of a Borrowing of Revolving Loans, in Dollars and (y) in the case of a Competitive Bid Borrowing, in Dollars or an Approved Alternate Currency as specified in such Notice of Competitive Bid Borrowing and, in each case, in immediately available funds at the Payment Office, and the Administrative Agent promptly will, on the date specified in such Notice of Borrowing, make available to the Borrower by depositing to its account at the Payment Office the aggregate of the amounts so made available by the Banks by the time specified in the preceding sentence in the type of funds received. Unless the Administrative Agent shall have been notified by any Bank prior to the date of Borrowing that such Bank does not intend to make available to the Administrative AgentAgent its portion, for the account if any, of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory Borrowings, no later than 2:00 p.m. (Charlotte time) on the date specified in Section 2.6(b) each Lender will make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, such Lender's Commitment Percentage of Mandatory Bor rowing or Borrowings to be made on such borrowing date. The Borrower hereby irrevocably authorizes the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately available funds by crediting or wiring such proceeds to the deposit account of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower and the Administrative Agent from time to time or, in the case of Mandatory Borrowings, in the manner specified in Section 2.6(b)(i). Subject to Section 4.7 hereof, the Administrative Agent shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 may assume that such Bank has made such amount available to the extent that Administrative Agent on such date of Bor rowing, and the Swingline Lender has Administrative Agent, in reliance upon such assumption, may (in its sole discretion and without any obligation to do so) make available to the Borrower a corre sponding amount. If such corresponding amount is not in fact made available to the Administrative Agent by such Bank and the Administrative Agent has made available same to the Borrower, the Administrative Agent shall be entitled to recover such corresponding amount from such Bank. If such Bank does not pay such corresponding amount forthwith upon the Administrative Agent's demand therefor, the Administrative Agent shall promptly notify the Borrower, and the Borrower shall pay such corresponding amount to the Administrative Agent. The Administrative Agent shall also be entitled to recover from such Bank or the Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such Swingline Loan. 27corresponding amount was made available by the Administrative Agent to the Borrower to the date such corresponding amount is recovered by the Administrative Agent, at a rate per annum equal to (x) if to be paid by such Bank, the customary rate set by the Administrative Agent for the correction of errors among banks for each day during the period consisting of the first three Business Days following such date of availability and thereafter at the Base Rate or (y) if to be paid by the Borrower, the then applicable rate of interest, calculated in accordance with Section 1.09 for the respective Loans.
(b) Nothing herein shall be deemed to relieve any Bank from its obligation to fulfill its commitments hereunder or to prejudice any rights which the Borrower may have against any Bank as a result of any default by such Bank hereunder.
Appears in 1 contract
Samples: Credit Agreement (Ametek Inc)
Disbursement of Funds. Not No later than 2:00 p.m. 1:00 P.M. (Charlotte New York time) on the proposed borrowing datedate specified in each Notice of Borrowing (or (x) in the case of Swingline Loans, no later than 4:00 P.M. (New York time) on the Swingline Lender will make available date specified pursuant to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent Section 2.03(b)(i) or (y) in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory Borrowings, no later than 2:00 p.m. 1:00 P.M. (Charlotte New York time) on the date specified in Section 2.6(b) 2.01(e)), each Lender with a Commitment of the respective Tranche will make available its pro rata portion (determined in accordance with Section 2.07) of each such Borrowing requested to be made on such date (or in the case of Swingline Loans, the Swingline Lender will make available the full amount thereof). All such amounts will be made available in Dollars and in immediately available funds at the Payment Office, and the Administrative Agent will, except in the case of Revolving Loans made pursuant to a Mandatory Borrowing, make available to the Borrower at the Payment Office the aggregate of the amounts so made available by the Lenders. Unless the Administrative Agent shall have been notified by any Lender prior to the date of Borrowing that such Lender does not intend to make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, such Lender's Commitment Percentage ’s portion of Mandatory Borrowings any Borrowing to be made on such borrowing date. The Borrower hereby irrevocably authorizes , the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately may assume that such Lender has made such amount available funds by crediting or wiring such proceeds to the deposit account Administrative Agent on such date of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower Borrowing and the Administrative Agent from time to time or, in the case of Mandatory Borrowings, in the manner specified in Section 2.6(b)(i). Subject to Section 4.7 hereof, the Administrative Agent may (but shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 to), in reliance upon such assumption, make available to the extent that the Swingline Lender has Borrower a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent by such Lender, the Administrative Agent shall be entitled to recover such corresponding amount on demand from such Lender. If such Lender does not pay such corresponding amount forthwith upon the Administrative Agent’s demand therefor, the Administrative Agent shall promptly notify the Borrower and the Borrower shall immediately following such notification pay such corresponding amount to the Administrative Agent. The Administrative Agent also shall be entitled to recover on demand from such Lender or the Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such Swingline Loancorresponding amount was made available by the Administrative Agent to the Borrower until the date such corresponding amount is recovered by the Administrative Agent, at a rate per annum equal to (i) if recovered from such Lender, the overnight Federal Funds Rate for the first three days and at the interest rate otherwise applicable to such Loans for each day thereafter and (ii) if recovered from the Borrower, the rate of interest applicable to the respective Borrowing, as determined pursuant to Section 2.08. 27Nothing in this Section 2.04 shall be deemed to relieve any Lender from its obligation to make Loans hereunder or to prejudice any rights which the Borrower may have against any Lender as a result of any failure by such Lender to make Loans hereunder.
Appears in 1 contract
Disbursement of Funds. Not No later than 2:00 p.m. 12:00 Noon (Charlotte Local time) on the proposed borrowing datedate specified in each Notice of Borrowing (or (x) in the case of Swingline Loans, no later than 3:00 P.M. (New York time) on the Swingline Lender will make available date specified pursuant to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent Section 1.03(b)(i) or (y) in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory Borrowings, no later than 2:00 p.m. 1:00 P.M. (Charlotte New York time) on the date specified in Section 2.6(b) 1.01(c)), each Lender will make available to the Administrative Agent, for the account its pro rata portion (determined in accordance with Section 1.07) of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, each such Lender's Commitment Percentage of Mandatory Borrowings Borrowing requested to be made on such borrowing date. The Borrower hereby irrevocably authorizes the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately available funds by crediting or wiring such proceeds to the deposit account of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower and the Administrative Agent from time to time date (or, in the case of Mandatory BorrowingsSwingline Loans, the Swingline Lender will make available the full amount thereof). All such amounts will be made available in the manner specified relevant Approved Currency and in Section 2.6(b)(i). Subject immediately available funds at the Payment Office, and, except for Revolving Loans made pursuant to Section 4.7 hereofa Mandatory Borrowing, the Administrative Agent shall not be obligated will make available to disburse the proceeds applicable Borrower at the Payment Office, in the relevant Approved Currency and in immediately available funds, the aggregate of any Swingline Loan requested pursuant to this Section 2.6 the amounts so made available by the Lenders to the extent of funds actually received by the Administrative Agent. Unless the Administrative Agent shall have been notified by any Lender prior to the date of Borrowing that the Swingline such Lender has does not made intend to make available to the Administrative Agent such Lender's portion of any Borrowing to be made on such date, the Administrative Agent may assume that such Lender has made such amount available to the Administrative Agent on such date of Borrowing and the Administrative Agent may (but shall not be obligated to), in reliance upon such Swingline Loanassumption, make available to the applicable Borrower a corresponding amount. 27If such corresponding amount is not in fact made available to
Appears in 1 contract
Samples: Credit Agreement (Sitel Corp)
Disbursement of Funds. Not No later than 2:00 p.m. 12:00 Noon (Charlotte New York time) on the proposed borrowing Closing Date, each Bank will make available its pro rata portion (determined in accordance with Section 1.05) of the Loans to be made on such date. All such amounts will be made available in Dollars and in immediately available funds at the Payment Office of the Administrative Agent, and the Swingline Lender Administrative Agent will make available to the Administrative Agent, for Borrower by depositing to its account at the account Payment Office the aggregate of the Borrower, at amounts so made available by the office Banks in the type of funds received. Unless the Administrative Agent in funds immediately shall have been notified by any Bank prior to the Closing Date that such Bank does not intend to make available to the Administrative Agent, the amount Agent such Bank's portion of the Swingline Loan Loans to be made on such borrowing date. In , the case of Mandatory Borrowings, no later than 2:00 p.m. (Charlotte time) Administrative Agent may assume that such Bank has made such amount available to the Administrative Agent on the date specified Closing Date and the Administrative Agent may, in Section 2.6(b) each Lender will reliance upon such assumption, make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent Borrower a corresponding amount. If such corresponding amount is not in funds immediately available to the Administrative Agent, such Lender's Commitment Percentage of Mandatory Borrowings to be made on such borrowing date. The Borrower hereby irrevocably authorizes the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately available funds by crediting or wiring such proceeds to the deposit account of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower and the Administrative Agent from time to time or, in the case of Mandatory Borrowings, in the manner specified in Section 2.6(b)(i). Subject to Section 4.7 hereof, the Administrative Agent shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 to the extent that the Swingline Lender has not fact made available to the Administrative Agent by such Bank, the Administrative Agent shall be entitled to recover such corresponding amount on demand from such Bank. If such Bank does not pay such corresponding amount forthwith upon the Administrative Agent's demand therefor, the Administrative Agent shall promptly notify the Borrower and the Borrower shall immediately pay such corresponding amount to the Administrative Agent. The Administrative Agent shall also be entitled to recover on demand from such Bank or the Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such Swingline Loan. 27corre-
Appears in 1 contract
Disbursement of Funds. (a) Not later than 2:00 p.m. 1:00 P.M. (Charlotte New York --------------------- time) on the proposed borrowing date, the Swingline Lender will make available to the Administrative Agent, for the account date specified in each Notice of the Borrower, at the office of the Administrative Agent Borrowing (or (x) in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory BorrowingsSwingline Loans, no not later than 2:00 p.m. P.M. (Charlotte New York time) on the date specified in Section 2.6(b1.03(b)(i) each Lender will make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, such Lender's Commitment Percentage of Mandatory Borrowings to be made on such borrowing date. The Borrower hereby irrevocably authorizes the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately available funds by crediting or wiring such proceeds to the deposit account of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower and the Administrative Agent from time to time or, (y) in the case of Mandatory Borrowings, not later than 12:00 Noon (New York time) on the date specified in Section 1.01(d)), each Bank with a Commitment under the respective Tranche will make available its pro rata --- ---- share (determined in accordance with Section 1.07), if any, of each Borrowing requested to be made on such date (or in the case of Swingline Loans, BTCo shall make available the full amount thereof) in the manner specified in Section 2.6(b)(i)provided below. Subject to Section 4.7 hereof, the Administrative Agent All amounts shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 to the extent that the Swingline Lender has not made available to the Administrative Agent in U.S. Dollars and in immediately available funds at the Payment Office and the Administrative Agent promptly will make available to the Borrower by depositing to its account at the Payment Office the aggregate of the amounts so made available in the type of funds received. Unless the Administrative Agent shall have been notified by any Bank prior to the date of Borrowing that such Bank does not intend to make available to the Administrative Agent its portion of the Borrowing or Borrowings to be made on such date, the Administrative Agent may assume that such Bank has made such amount available to the Administrative Agent on such date of Borrowing, and the Administrative Agent, in reliance upon such Swingline Loanassumption, may (in its sole discretion and without any obligation to do so) make available to the Borrower a corresponding amount. 27If such corresponding amount is not in fact made available to the Administrative Agent by such Bank and the Administrative Agent has made available same to the Borrower, the Administrative Agent shall be entitled to recover such corresponding amount on demand from such Bank. If such Bank does not pay such corresponding amount forthwith upon the Administrative Agent's demand therefor, the Administrative Agent shall promptly notify the Borrower, and the Borrower shall immediately pay such corresponding amount to the Administrative Agent. The Administrative Agent shall also be entitled to recover on demand from such Bank or the Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such corresponding amount was made available by the Administrative Agent to the Borrower to the date such corresponding amount is recovered by the Administrative Agent, at a rate per annum equal to (x) if paid by such Bank, the overnight Federal Funds Rate or (y) if paid by the Borrower, the then applicable rate of interest, calculated in accordance with Section 1.08.
(b) Nothing in this Agreement shall be deemed to relieve any Bank from its obligation to fulfill its commitments hereunder or to prejudice any rights which the Borrower may have against any Bank as a result of any default by such Bank hereunder.
Appears in 1 contract
Disbursement of Funds. Not The Administrative Agent shall advise each Lender by telephone or telecopy of the amount of such Lender's Pro Rata Share of any Loan requested by the Borrower no later than 2:00 p.m. 11:00 a.m. (Charlotte Denver, Colorado time) at least two Business Days immediately preceding the Funding Date applicable thereto (in the case of LIBOR Loans), otherwise on the proposed borrowing dateBusiness Day immediately preceding the Funding Date applicable thereto, and each such Lender shall pay the Swingline Lender will make available Administrative Agent such Lender's Pro Rata Share of such requested Loan, in same day funds, by wire transfer to the Administrative Agent's account by no later than 1:00 p.m. (Denver, for Colorado time) on such Funding Date. If any Lender fails to pay the account amount of the Borrower, at the office of the Administrative Agent in funds immediately available to its Pro Rata Share forthwith upon the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory Borrowings, no later than 2:00 p.m. (Charlotte time) on the date specified in Section 2.6(b) each Lender will make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, such Lender's Commitment Percentage of Mandatory Borrowings to be made on such borrowing date. The Borrower hereby irrevocably authorizes the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately available funds by crediting or wiring such proceeds to the deposit account of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower and the Administrative Agent from time to time or, in the case of Mandatory Borrowings, in the manner specified in Section 2.6(b)(i). Subject to Section 4.7 hereofdemand, the Administrative Agent shall not be obligated to disburse promptly notify the proceeds of any Swingline Loan requested pursuant to this Section 2.6 to the extent that the Swingline Lender has not made available to Borrower, and the Administrative Agent shall disburse to the amount Borrower, by wire transfer of immediately available funds, that portion of such Swingline LoanLoan as to which the Administrative Agent has received funds. 27In such event, the Administrative Agent may, on behalf of any Lender not timely paying the Administrative Agent, disburse funds to the Borrower for Loans requested, subject to the provisions of Subsection 8.5(B). Each such Lender shall reimburse the Administrative Agent on demand for all funds disbursed on its behalf by the Administrative Agent. Nothing in this Subsection 8.4 or elsewhere in this Agreement or the other Loan Documents, including the provisions of Subsection 8.5, shall be deemed to require the Administrative Agent (or any other Lender) to advance funds on behalf of any Lender or to relieve any Lender from its obligation to fulfill its commitments hereunder or to prejudice any rights that the Administrative Agent or the Borrower may have against any Lender as a result of any default by such Lender hereunder.
Appears in 1 contract
Disbursement of Funds. Not Except as otherwise specifically provided in the immediately succeeding sentence, no later than 2:00 p.m. 12:00 Noon (Charlotte New York time) on the proposed borrowing datedate specified in each Notice of Borrowing (or (x) in the case of Swingline Loans, not later than 2:00 P.M. (New York time) on the Swingline Lender will make available date specified pursuant to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent Section 1.03(b)(i) or (y) in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory Borrowings, no not later than 2:00 p.m. 12:00 Noon (Charlotte New York time) on the date specified in Section 2.6(b) 1.01(e)), each Lender Bank with a Commitment of the respective Tranche will make available to the Administrative Agent, for the account its PRO RATA portion of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, each such Lender's Commitment Percentage of Mandatory Borrowings Borrowing requested to be made on such borrowing datedate (or in the case of Swingline Loans, the Swingline Bank shall make available the full amount thereof). The Borrower hereby irrevocably authorizes the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 All such amounts shall be made available in Dollars and in immediately available funds by crediting or wiring such proceeds to at the deposit account Payment Office of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower and the Administrative Agent from time to time orAgent, and, except in the case of Mandatory Borrowings, in the manner specified in Section 2.6(b)(iAdministrative Agent will make available to the Borrower at the Payment Office the aggregate of the amounts so made available by the Banks (for Loans other than Swingline Loans, prior to 1:00 P.M. (New York time) on such day, to the extent of funds actually received by the Administrative Agent prior to 12:00 Noon (New York time) on such day). Subject Unless the Administrative Agent shall have been notified by any Bank prior to Section 4.7 hereofthe date of Borrowing that such Bank does not intend to make available to the Administrative Agent such Bank's portion of any Borrowing to be made on such date, the Administrative Agent shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 may assume that such Bank has made such amount available to the extent that Administrative Agent on such date of Borrowing and the Swingline Lender has Administrative Agent may, in reliance upon such assumption, make available to the Borrower a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent by such Bank, the Administrative Agent shall be entitled to recover such corresponding amount on demand from such Bank. If such Bank does not pay such corresponding amount forthwith upon the Administrative Agent's demand therefor, the Administrative Agent shall promptly notify the Borrower and the Borrower shall immediately pay such corresponding amount to the Administrative Agent. The Administrative Agent shall also be entitled to recover on demand from such Bank or the Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such Swingline Loan. 27corresponding amount was made available by the Administrative Agent to the Borrower until the date such corresponding amount is recovered by the Administrative Agent, at a rate per annum equal to (i) if recovered from such Bank, at the overnight Federal Funds Rate and (ii) if recovered from the Borrower, the rate of interest applicable to the respective Borrowing, as determined pursuant to Section 1.
Appears in 1 contract
Disbursement of Funds. Not (a) Each Lender shall make the amount of its Term Loan available to the Administrative Agent in immediately available funds at the Administrative Agent’s Office not later than 2:00 1:00 p.m. (Charlotte Central time) on the proposed borrowing dateBusiness Day specified in the applicable Notice of Borrowing. Upon satisfaction of the applicable conditions set forth in Article VI and Article VII, the Swingline Administrative Agent shall make all funds so received available to the Borrower in like funds as received by the Administrative Agent either by (1) crediting the account of the Borrower on the books of Bank of AmericaJPMorgan with the amount of such funds or (2) wire transfer of such funds, in each case in accordance with instructions provided to (and reasonably acceptable to) the Administrative Agent by the Borrower.
(b) Unless the Administrative Agent shall have received notice from a Lender prior to the proposed date of any Borrowing of LIBOR Loans (or, in the case of any Borrowing of ABR Loans, prior to 12:00 noon (Central time) on the date of such Borrowing) that such Lender will not make available to the Administrative Agent such Lender’s share of such Borrowing, the Administrative Agent may assume that such Lender has made such share available on such date in accordance with Section 2.04 (or, in the case of a Borrowing of ABR Loans, that such Lender has made such share available in accordance with and at the time required by Section 2.04) and may, in reliance upon such assumption, make available to the Borrower a corresponding amount. In such event, if a Lender has not in fact made its share of the applicable Borrowing available to the Administrative Agent, for then the account of applicable Lender and the Borrower, at the office of Borrower severally agree to pay to the Administrative Agent forthwith on demand such corresponding amount in funds immediately available funds with interest thereon, for each day from and including the date such amount is made available to the Borrower to but excluding the date of payment to the Administrative Agent, at (i) in the case of a payment to be made by such Lender, the greater of the Federal Funds Rate and a rate reasonably determined by the Administrative Agent in accordance with banking industry rules on interbank compensation, plus any reasonable administrative, processing or similar fees customarily charged by the Administrative Agent in connection with the foregoing, and (ii) in the case of a payment to be made by the Borrower, the interest rate applicable to ABR Loans. If the Borrower and such Lender shall pay such interest to the Administrative Agent for the same or an overlapping period, the Administrative Agent shall promptly remit to the Borrower the amount of such interest paid by the Swingline Loan to be made on Borrower for such borrowing dateperiod. In If such Lender pays its share of the case of Mandatory Borrowings, no later than 2:00 p.m. (Charlotte time) on the date specified in Section 2.6(b) each Lender will make available applicable Borrowing to the Administrative Agent, for then the account of amount so paid shall constitute such Lender’s Loan included in such Borrowing. Any payment by the Borrower, at Borrower shall be without prejudice to any claim the office Borrower may have against a Lender that shall have failed to make such payment to the Administrative Agent. A notice of the Administrative Agent in funds immediately to any Lender or the Borrower with respect to any amount owing under this Section 2.04 shall be conclusive, absent manifest error.
(c) If any Lender makes available to the Administrative Agent, such Lender's Commitment Percentage of Mandatory Borrowings Agent funds for any Loan to be made on by such borrowing date. The Lender as provided in the foregoing provisions of this Article II, and such funds are not made available to the Borrower hereby irrevocably authorizes by the Administrative Agent to disburse because the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately available funds by crediting or wiring such proceeds conditions to the deposit account of Borrowing set forth in Article VI are not satisfied or waived in accordance with the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower and the Administrative Agent from time to time or, in the case of Mandatory Borrowings, in the manner specified in Section 2.6(b)(i). Subject to Section 4.7 terms hereof, the Administrative Agent shall return such funds (in like funds as received from such Lender) to such Lender on demand, without interest.
(d) The obligations of the Lenders hereunder to make Term Loans and to make payments pursuant to Section 13.07 are several and not be obligated to disburse the proceeds joint. The failure of any Swingline Lender to make any Loan requested pursuant or to this fund any such participation or to make any payment under Section 2.6 13.07 on any date required hereunder shall not relieve any other Lender of its corresponding obligation to do so on such date, and no Lender shall be responsible for the extent failure of any other Lender to so make its Loan or, to purchase its participation or to make its payment under Section 13.07.
(e) Nothing herein shall be deemed to obligate any Lender to obtain the funds for any Loan in any particular place or manner or to constitute a representation by any Lender that it has obtained or will obtain the Swingline Lender has not made available to the Administrative Agent the amount of such Swingline Loan. 27funds for any Loan in any particular place or manner.
Appears in 1 contract
Samples: Refinancing Amendment and Successor Administrative Agent Agreement (MRC Global Inc.)
Disbursement of Funds. Not No later than 2:00 p.m. P.M. (Charlotte New York time) on the proposed borrowing datedate specified in each Notice of Borrowing (or (x) in the case of Swingline Loans, no later than 4:00 P.M. (New York time) on the Swingline Lender will make available date specified pursuant to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent Section 1.03(b)(i) or (y) in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory Borrowings, no later than 2:00 p.m. P.M. (Charlotte New York time) on the date specified in Section 2.6(b) 1.01(D)), each Lender with a Commitment of the respective Tranche will make available its PRO RATA portion (determined in accordance with Section 1.07) of each such Borrowing requested to be made on such date (or in the case of Swingline Loans, the Swingline Lender will make available the full amount thereof). All such amounts will be made available in Dollars and in immediately available funds at the Payment Office, and the Administrative Agent will, except in the case of Revolving Loans made pursuant to a Mandatory Borrowing, make available to the Borrower at the Payment Office by 3:00 P.M. (New York time) on the date specified in the respective Notice of Borrowing (or by 4:30 P.M. (New York time) on the date specified in the respective notice delivered pursuant to Section 1.03(b)(i) in the case of a Borrowing of Swingline Loans) the aggregate of the amounts so made available by the Lenders. Unless the Administrative Agent shall have been notified by any Lender prior to the date of Borrowing that such Lender does not intend to make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, such Lender's Commitment Percentage portion of Mandatory Borrowings any Borrowing to be made on such borrowing date. The Borrower hereby irrevocably authorizes , the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately may assume that such Lender has made such amount available funds by crediting or wiring such proceeds to the deposit account Administrative Agent on such date of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower Borrowing and the Administrative Agent from time to time or, in the case of Mandatory Borrowings, in the manner specified in Section 2.6(b)(i). Subject to Section 4.7 hereof, the Administrative Agent may (but shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 to), in reliance upon such assumption, make available to the extent that the Swingline Lender has Borrower a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent by such Lender, the Administrative Agent shall be entitled to recover such corresponding amount on demand from such Lender. If such Lender does not pay such corresponding amount forthwith upon the Administrative Agent's demand therefor, the Administrative Agent shall promptly notify the Borrower and the Borrower shall immediately pay such corresponding amount to the Administrative Agent. The Administrative Agent also shall be entitled to recover on demand from such Lender or the Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such Swingline Loan. 27corresponding amount was made available by the Administrative Agent to the Borrower until the date such corresponding amount is recovered by the Administrative Agent, at a rate per annum equal to (i) if recovered from such Lender, the overnight Federal Funds Rate for the first three days and at the interest rate otherwise applicable to such Loans for each day thereafter and (ii) if recovered from the Borrower, the rate of interest applicable to the respective Borrowing, as determined pursuant to Section 1.
Appears in 1 contract
Samples: Credit Agreement (Hydrochem Industrial Services Inc)
Disbursement of Funds. Not (a) Subject to the terms and conditions hereof, no later than 2:00 p.m. 11:00 a.m. (Charlotte U.S. Central Standard time) on the proposed borrowing applicable Borrowing Date, each Lender will make available, through such Lender's Lending Office, its pro rata portion, if any, of the aggregate amount of the Loans requested to be made on such date, in Dollars and in immediately available funds at the Swingline Payment Office of the Administrative Agent, and the Administrative Agent will transfer the aggregate of the amounts so made available by the Lenders to, or to the order of, Comercial pursuant to wire instructions provided to the Administrative Agent not later than two Business Days prior to such Borrowing Date.
(b) Unless the Administrative Agent shall have been notified by any Lender will prior to the date of the applicable Borrowing that such Lender does not intend to make available to the Administrative Agent, for the account Agent such Lender's portion of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, the amount of the Swingline Loan such Borrowing to be made on such borrowing date. In , the case of Mandatory Borrowings, no later than 2:00 p.m. (Charlotte time) on the date specified in Section 2.6(b) each Administrative Agent may assume that such Lender will make has made such amount available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, such Lender's Commitment Percentage of Mandatory Borrowings to be made on such borrowing date. The Borrower hereby irrevocably authorizes the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately available funds by crediting or wiring such proceeds to the deposit account of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower date and the Administrative Agent from time to time ormay (but shall have no obligation to), in the case of Mandatory Borrowingsreliance upon such assumption, make available to Comercial a corresponding amount. If such corresponding amount is not in the manner specified in Section 2.6(b)(i). Subject to Section 4.7 hereof, the Administrative Agent shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 to the extent that the Swingline Lender has not fact made available to the Administrative Agent by such Lender, the Administrative Agent shall be entitled to recover such corresponding amount of from such Swingline LoanLender on demand. 27If such Lender does not pay such corresponding amount forthwith
Appears in 1 contract
Samples: Credit Agreement (Vitro Sa De Cv)
Disbursement of Funds. (a) Not later than 2:00 p.m. 1:00 P.M. (Charlotte New York time) on the proposed borrowing date, the Swingline Lender will make available to the Administrative Agent, for the account date specified in each Notice of the Borrower, at the office of the Administrative Agent Borrowing (or (x) in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory BorrowingsSwingline Loans, no not later than 2:00 p.m. P.M. (Charlotte New York time) on the date specified in Section 2.6(b1.03(b)(i) each Lender will make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, such Lender's Commitment Percentage of Mandatory Borrowings to be made on such borrowing date. The Borrower hereby irrevocably authorizes the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately available funds by crediting or wiring such proceeds to the deposit account of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower and the Administrative Agent from time to time or, (y) in the case of Mandatory Borrowings, not later than 12:00 Noon (New York time) on the date specified in Section 1.01(d)), each Lender with a Commitment under the respective Tranche will make available its pro rata share (determined in accordance with Section 1.07), if any, of each Borrowing requested to be made on such date (or in the case of Swingline Loans, DBTCA shall make available the full amount thereof) in the manner specified in Section 2.6(b)(i)provided below. Subject to Section 4.7 hereof, the Administrative Agent All amounts shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 to the extent that the Swingline Lender has not made available to the Administrative Agent in U.S. Dollars and in immediately available funds at the Payment Office and the Administrative Agent promptly will make available to the Borrower by depositing to its account at the Payment Office the aggregate of the amounts so made available in the type of funds received. Unless the Administrative Agent shall have been notified by any Lender prior to the date of Borrowing that such Lender does not intend to make available to the Administrative Agent its portion of the Borrowing or Borrowings to be made on such date, the Administrative Agent may assume that such Lender has made such amount available to the Administrative Agent on such date of Borrowing, and the Administrative Agent, in reliance upon such Swingline Loanassumption, may (in its sole discretion and without any obligation to do so) make available to the Borrower a corresponding amount. 27If such corresponding amount is not in fact made available to the Administrative Agent by such Lender and the Administrative Agent has made available same to the Borrower, the Administrative Agent shall be entitled to recover such corresponding amount on demand from such Lender. If such Lender does not pay such corresponding amount forthwith upon the Administrative Agent's demand therefor, the Administrative Agent shall promptly notify the Borrower, and the Borrower shall immediately pay such corresponding amount to the Administrative Agent. The Administrative Agent shall also be entitled to recover on demand from such Lender or the Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such corresponding amount was made available by the Administrative Agent to the Borrower to the date such corresponding amount is recovered by the Administrative Agent, at a rate per annum equal to (x) if paid by such Lender, the overnight Federal Funds Rate or (y) if paid by the Borrower, the then applicable rate of interest, calculated in accordance with Section 1.08.
(b) Nothing in this Agreement shall be deemed to relieve any Lender from its obligation to fulfill its commitments hereunder or to prejudice any rights which the Borrower may have against any Lender as a result of any default by such Lender hereunder.
Appears in 1 contract
Disbursement of Funds. Not (a) No later than 2:00 p.m. 1:00 P.M. (Charlotte Local time) on the proposed borrowing date, the Swingline Lender will make available to the Administrative Agent, for the account date specified in each Notice of the Borrower, at the office of the Administrative Agent Borrowing (or (x) in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory BorrowingsSwingline Loans, no not later than 2:00 p.m. P.M. (Charlotte Local time) on the date specified in Section 2.6(b1.03(b)(i) each Lender will make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, such Lender's Commitment Percentage of Mandatory Borrowings to be made on such borrowing date. The Borrower hereby irrevocably authorizes the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately available funds by crediting or wiring such proceeds to the deposit account of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower and the Administrative Agent from time to time or, (y) in the case of Mandatory Borrowings, not later than 12:00 Noon (Local time) on the date specified in Section 1.01(C) or (F), as applicable), each Bank with a Commitment under the respective Facility will make available its pro rata share, if any, of each Borrowing requested to be made on such date (or in the case of Swingline Loans, BTCo shall make available the full amount thereof) in the manner specified in Section 2.6(b)(i)provided below. Subject to Section 4.7 hereof, the Administrative Agent All amounts shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 to the extent that the Swingline Lender has not made available to the Administrative Agent in the relevant Approved Currency and immediately available funds at the Payment Office and the Administrative Agent promptly will make available to the applicable Borrower by depositing to its account at the Payment Office the aggregate of the amounts so made available in the type of funds received. Unless the Administrative Agent shall have been notified by any Bank required to participate prior to the date of Borrowing that such Bank does not intend to make available to the Administrative Agent its portion of the Borrowing or Borrowings to be made on such date, the Administrative Agent may assume that such Bank has made such amount available to the Administrative Agent on such date of Borrowing, and the Administrative Agent, in reliance upon such Swingline Loanassumption, may (in its sole discretion and without any obligation to do so) make available to the applicable Borrower a corresponding amount. 27If such corresponding amount is not in fact made available to the Administrative Agent by such Bank and the Administrative Agent has made available same to the applicable Borrower, the Administrative Agent shall be entitled to recover such corresponding amount from such Bank. If such Bank does not pay such corresponding amount forthwith upon the Administrative Agent's demand therefor, the Administrative Agent shall promptly notify the applicable Borrower, and such Borrower shall immediately pay such corresponding amount to the Administrative Agent. The Administrative Agent shall also be entitled to recover from the Bank or such Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such corresponding amount was made available by the Administrative Agent to such Borrower to the date such corresponding amount is recovered by the Administrative Agent, at a rate per annum equal to (x) if paid by such Bank, the overnight Federal Funds Rate or (y) if paid by such Borrower, the then applicable rate of interest, calculated in accordance with Section 1.08, for the respective Loans.
(b) Nothing herein shall be deemed to relieve any Bank from its obligation to fulfill its commitments hereunder or to prejudice any rights which any Borrower may have against any Bank as a result of any default by such Bank hereunder.
Appears in 1 contract
Samples: Credit Agreement (Dade Behring Inc)
Disbursement of Funds. Not (a) Each Lender shall make the amount of its Term Loan available to the Administrative Agent in immediately available funds at the Administrative Agent’s Office not later than 2:00 1:00 p.m. (Charlotte Central time) on the proposed borrowing dateBusiness Day specified in the applicable Notice of Borrowing. Upon satisfaction of the applicable conditions set forth in Article 6 and Article 7, the Swingline Administrative Agent shall make all funds so received available to the Borrower in like funds as received by the Administrative Agent either by (1) crediting the account of the Borrower on the books of JPMorgan with the amount of such funds or (2) wire transfer of such funds, in each case in accordance with instructions provided to (and reasonably acceptable to) the Administrative Agent by the Borrower.
(b) Unless the Administrative Agent shall have received notice from a Lender prior to the proposed date of any Borrowing of Term SOFR Loans (or, in the case of any Borrowing of ABR Loans, prior to 12:00 noon (Central time) on the date of such Borrowing) that such Lender will not make available to the Administrative Agent such Xxxxxx’s share of such Borrowing, the Administrative Agent may assume that such Lender has made such share available on such date in accordance with Section 2.04 (or, in the case of a Borrowing of ABR Loans, that such Lender has made such share available in accordance with and at the time required by Section 2.04) and may, in reliance upon such assumption, make available to the Borrower a corresponding amount. In such event, if a Lender has not in fact made its share of the applicable Borrowing available to the Administrative Agent, for then the account of applicable Lender and the Borrower, at the office of Borrower severally agree to pay to the Administrative Agent forthwith on demand such corresponding amount in funds immediately available funds with interest thereon, for each day from and including the date such amount is made available to the Borrower to but excluding the date of payment to the Administrative Agent, at (i) in the case of a payment to be made by such Lender, the greater of the Federal Funds Effective Rate and a rate reasonably determined by the Administrative Agent in accordance with banking industry rules on interbank compensation, plus any reasonable administrative, processing or similar fees customarily charged by the Administrative Agent in connection with the foregoing, and (ii) in the case of a payment to be made by the Borrower, the interest rate applicable to ABR Loans. If the Borrower and such Lender shall pay such interest to the Administrative Agent for the same or an overlapping period, the Administrative Agent shall promptly remit to the Borrower the amount of such interest paid by the Swingline Loan to be made on Borrower for such borrowing dateperiod. In If such Lender pays its share of the case of Mandatory Borrowings, no later than 2:00 p.m. (Charlotte time) on the date specified in Section 2.6(b) each Lender will make available applicable Borrowing to the Administrative Agent, for then the account of amount so paid shall constitute such Lender’s Loan included in such Borrowing. Any payment by the Borrower, at Borrower shall be without prejudice to any claim the office Borrower may have against a Lender that shall have failed to make such payment to the Administrative Agent. A notice of the Administrative Agent in funds immediately to any Lender or the Borrower with respect to any amount owing under this Section 2.04 shall be conclusive, absent manifest error.
(c) If any Lender makes available to the Administrative Agent, such Lender's Commitment Percentage of Mandatory Borrowings Agent funds for any Loan to be made on by such borrowing date. The Xxxxxx as provided in the foregoing provisions of this Article 2, and such funds are not made available to the Borrower hereby irrevocably authorizes by the Administrative Agent to disburse because the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately available funds by crediting or wiring such proceeds conditions to the deposit account of Borrowing set forth in Article 4 are not satisfied or waived in accordance with the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower and the Administrative Agent from time to time or, in the case of Mandatory Borrowings, in the manner specified in Section 2.6(b)(i). Subject to Section 4.7 terms hereof, the Administrative Agent shall return such funds (in like funds as received from such Lender) to such Lender on demand, without interest.
(d) The obligations of the Lenders hereunder to make Term Loans and to make payments pursuant to Section 11.07 are several and not be obligated to disburse the proceeds joint. The failure of any Swingline Lender to make any Loan requested pursuant or to this fund any such participation or to make any payment under Section 2.6 11.07 on any date required hereunder shall not relieve any other Lender of its corresponding obligation to do so on such date, and no Lender shall be responsible for the extent failure of any other Lender to so make its Loan or, to purchase its participation or to make its payment under Section 11.07.
(e) Nothing herein shall be deemed to obligate any Lender to obtain the funds for any Loan in any particular place or manner or to constitute a representation by any Lender that it has obtained or will obtain the Swingline Lender has not made available to the Administrative Agent the amount of such Swingline Loan. 27funds for any Loan in any particular place or manner.
Appears in 1 contract
Disbursement of Funds. Not No later than 2:00 p.m. 1:00 P.M. (Charlotte New York time) on the proposed borrowing datedate specified in each Notice of Borrowing (or (x) in the case of Swingline Loans, no later than 3:00 P.M. (New York time) on the Swingline Lender will make available date specified pursuant to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent Section 1.03(b)(i) or (y) in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory Borrowings, no later than 2:00 p.m. 1:00 P.M. (Charlotte New York time) on the date specified in Section 2.6(b) 1.01(e)), each Lender with a Commitment of the respective Tranche will make available its pro rata portion (determined in accordance with Section 1.07) of each such Borrowing requested to be made on such date (or in the case of Swingline Loans, the Swingline Lender will make available the full amount thereof). All such amounts will be made available in Dollars and in immediately available funds at the Payment Office, and the Administrative Agent will, except in the case of Revolving Loans made pursuant to a Mandatory Borrowing, make available to the Borrower at the Payment Office the aggregate of the amounts so made available by the Lenders. Unless the Administrative Agent shall have been notified by any Lender prior to the date of Borrowing that such Lender does not intend to make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, such Lender's Commitment Percentage ’s portion of Mandatory Borrowings any Borrowing to be made on such borrowing date. The Borrower hereby irrevocably authorizes , the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately may assume that such Lender has made such amount available funds by crediting or wiring such proceeds to the deposit account Administrative Agent on such date of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower Borrowing and the Administrative Agent from time to time or, in the case of Mandatory Borrowings, in the manner specified in Section 2.6(b)(i). Subject to Section 4.7 hereof, the Administrative Agent may (but shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 to), in reliance upon such assumption, make available to the extent that the Swingline Lender has Borrower a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent by such Lender, the Administrative Agent shall be entitled to recover such corresponding amount on demand from such Lender. If such Lender does not pay such corresponding amount forthwith upon the Administrative Agent’s demand therefor, the Administrative Agent shall promptly notify the Borrower and the Borrower shall immediately pay such corresponding amount to the Administrative Agent. The Administrative Agent also shall be entitled to recover on demand from such Lender or the Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such Swingline Loancorresponding amount was made available by the Administrative Agent to the Borrower until the date such corresponding amount is recovered by the Administrative Agent, at a rate per annum equal to (i) if recovered from such Lender, the overnight Federal Funds Rate for the first three days and at the interest rate otherwise applicable to such Loans for each day thereafter and (ii) if recovered from the Borrower, the rate of interest applicable to the respective Borrowing, as determined pursuant to Section 1.08. 27Nothing in this Section 1.04 shall be deemed to relieve any Lender from its obligation to make Loans hereunder or to prejudice any rights which the Borrower may have against any Lender as a result of any failure by such Lender to make Loans hereunder.
Appears in 1 contract
Samples: Credit Agreement (Town Sports International Holdings Inc)
Disbursement of Funds. Not No later than 2:00 p.m. 1:00 P.M. (Charlotte time) on the proposed borrowing date, the Swingline Lender will make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory Borrowings, no later than 2:00 p.m. (Charlotte New York time) on the date specified in Section 2.6(beach Notice of Borrowing, each Bank will make available its Pro Rata Share (if any) of each Lender Borrowing requested to be made on such date in the manner provided below. All such amounts shall be made available to the Administrative Agent in U.S. Dollars and immediately available funds at the Payment Office and the Administrative Agent promptly will make available to the Administrative Agent, for Company by depositing to its account at the account Payment Office the aggregate of the Borrower, at amounts so made available in the office type of funds received. Unless the Administrative Agent in funds immediately shall have been notified by any Bank prior to the date of Borrowing that such Bank does not intend to make available to the Administrative Agent, such Lender's Commitment Percentage Agent its portion of Mandatory the Borrowing or Borrowings to be made on such borrowing date. The Borrower hereby irrevocably authorizes the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately available funds by crediting or wiring such proceeds to the deposit account of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower and the Administrative Agent from time to time or, in the case of Mandatory Borrowings, in the manner specified in Section 2.6(b)(i). Subject to Section 4.7 hereof, the Administrative Agent shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 may assume that such Bank has made such amount available to the extent that Administrative Agent on such date of Borrowing, and the Swingline Lender has Administrative Agent, in reliance upon such assumption, may (in its sole discretion and without any obligation to do so) make available to the Company a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent by such Bank and the Administrative Agent has made available same to the Company, the Administrative Agent shall be entitled to recover such corresponding amount from such Bank. If such Bank does not pay such corresponding amount forthwith upon the Administrative Agent's demand therefor, the Administrative Agent shall promptly notify the Company, and the Company shall immediately pay such corresponding amount to the Administrative Agent. The Administrative Agent shall also be entitled to recover from the Bank or the Company, as the case may be, interest on such corresponding amount in respect of each day from the date such Swingline Loancorresponding amount was made available by the Administrative Agent to the Company to the date such corresponding amount is recovered by the Administrative Agent, at a rate per annum equal to (x) if paid by such Bank, the overnight Federal Funds rate or (y) if paid by the Company, the then applicable rate of interest, calculated in accordance with Section 1.08, for the Loans. 27Nothing herein shall be deemed to relieve any Bank from its obligation to fulfill its commitments hereunder or to prejudice any rights which the Company may have against any Bank as a result of any failure by such Bank to make Loans hereunder.
Appears in 1 contract
Disbursement of Funds. Not (a) No later than 2:00 p.m. Noon (Charlotte time) on the proposed borrowing date, the Swingline Lender will make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory Borrowings, no later than 2:00 p.m. (Charlotte New York City time) on the date specified for each Borrowing of Revolving Loans or Competitive Bid Loans, each Bank required to participate therein will, subject to the terms and conditions of this Agreement, make available its Pro Rata Share, in the case of a Borrowing of Revolving Loans, its share as specified in Section 2.6(b2.3(d) each Lender of the Loans requested to be made on such date in Dollars and immediately available funds at the Payment Office by such Bank. After the Administrative Agent’s receipt of the proceeds of such Loans in immediately available funds, the Administrative Agent will make available to the Administrative Agent, for Borrower by depositing in the Borrower’s account at the Payment Office the aggregate of the Borroweramounts so made available by the Banks in immediately available funds. In the event that the Loans made by a Bank mature or are being prepaid on the date of a requested Borrowing, at such Bank shall apply the office proceeds of the Loans, if any, it is then making to the extent thereof, to the repayment of such maturing or prepaid Loans, such Loans and prepayments intended to be a contemporaneous exchange.
(b) Unless the Administrative Agent in funds immediately shall have been notified by any Bank prior to the date of a Borrowing that such Bank does not intend to make available to the Administrative Agent, Agent such Lender's Commitment Percentage Bank’s portion of Mandatory Borrowings the Loans to be made on such borrowing date. The Borrower hereby irrevocably authorizes , the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately may assume that such Bank has made such amount available funds by crediting or wiring such proceeds to the deposit account of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower Administrative Agent on such date and the Administrative Agent from time to time ormay, in the case of Mandatory Borrowingsits sole discretion and in reliance upon such assumption, in the manner specified in Section 2.6(b)(i). Subject to Section 4.7 hereof, the Administrative Agent but shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 to, make available to the extent that the Swingline Lender has Borrower a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent by such Bank on the date of Borrowing, the Administrative Agent shall be entitled to recover such corresponding amount on demand from such Bank. If such Bank does not pay such corresponding amount forthwith upon the Administrative Agent’s demand therefor, the Administrative Agent shall promptly notify the Borrower, and the Borrower shall pay such corresponding amount (to the extent such amount is not collected from such Bank) to the Administrative Agent promptly, and in any event no later than the next succeeding Business Day. The Administrative Agent shall also be entitled to recover from such Bank or the Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such corresponding amount was made available by the Administrative Agent to the Borrower at a rate per annum equal to the interbank compensation rate set by the Administrative Agent or its actual cost of funds, whichever is higher. Nothing herein shall be deemed to relieve any Bank from its obligation to fulfill its commitments hereunder or to prejudice any rights which the Borrower may have against any Bank as a result of any default by such Bank hereunder.
(c) In the event that a Borrowing of Revolving Loans is requested to be made pursuant to this Agreement, if, after giving effect thereto and the use of proceeds thereof, the outstanding principal amount of Revolving Loans and Competitive Bid Loans made by such Bank at such time would exceed such Bank’s Commitment, such Bank shall, immediately upon but in any event within one Business Day of receipt of a Notice of Borrowing, notify the Administrative Agent, and the Borrower of the amount of such Swingline Loan. 27excess, and such Bank shall not be obligated to make Loans pursuant to such Borrowing to the extent of such excess.
Appears in 1 contract
Disbursement of Funds. Not No later than 2:00 p.m. 12:00 Noon (Charlotte time) on the proposed borrowing date, the Swingline Lender will make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory Borrowings, no later than 2:00 p.m. (Charlotte New York time) on the date specified in Section 2.6(beach Notice of Borrowing (or (x) each Lender will make available to in the Administrative Agentcase of Swingline Loans, for no later than the account close of business on the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, such Lender's Commitment Percentage of Mandatory Borrowings to be made on such borrowing date. The Borrower hereby irrevocably authorizes the Administrative Agent to disburse the proceeds of each borrowing requested date specified pursuant to this Section 2.6 in immediately available funds by crediting 1.03(b)(i)) or wiring such proceeds to the deposit account of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower and the Administrative Agent from time to time or, (y) in the case of Mandatory Borrowings, not later than 12:00 Noon (New York time) on the date specified in
Section 1.01 (e)), each Bank with a Commitment of the respective Tranche will make available its pro rata portion (determined in accordance with Section 1.07) of each such Borrowing requested to be made on such date (or in the manner specified in Section 2.6(b)(icase of Swingline Loans, the Swingline Bank shall make available the full amount thereof). Subject All such amounts shall be made available in Dollars and in immediately available funds at the Payment Office of the Administrative Agent, and the Administrative Agent will make available to Section 4.7 hereofthe Borrower at the Payment Office the aggregate of the amounts so made available by the Banks. Unless the Administrative Agent shall have been notified in writing by any Bank prior to the date of Borrowing that such Bank does not intend to make available to the Administrative Agent such Bank's portion of any Borrowing to be made on such date, the Administrative Agent shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 may assume that such Bank has made such amount available to the extent that Administrative Agent on such date of Borrowing and the Swingline Lender has Administrative Agent may, in reliance upon such assumption, make available to the Borrower a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent by such Bank, the Administrative Agent shall be entitled to recover such corresponding amount on demand from such Bank. If such Bank does not pay such corresponding amount forthwith upon the Administrative Agent's demand therefor, the Administrative Agent shall promptly notify the Borrower, and the Borrower shall immediately pay such corresponding amount to the Administrative Agent. The Administrative Agent shall also be entitled to recover on demand from such Bank or the Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such Swingline Loan. 27corresponding amount was made available by the Administrative Agent to the Borrower, until the date such corresponding amount is recovered by the Administrative Agent, at a rate per annum equal to (i) if recovered from such Bank, the cost to the Administrative Agent of acquiring overnight federal funds and (ii) if recovered from the Borrower, the rate of interest applicable to the respective Borrowing, as determined pursuant to Section 1.
Appears in 1 contract
Samples: Credit Agreement (Ubiquitel Inc)
Disbursement of Funds. Not (a) No later than 2:00 p.m. 1:00 P.M. (Charlotte New York time) on the proposed borrowing datedate specified in each Notice of Borrowing relating to any Loans (or (x) in the case of Swingline Loans, no later than 2:00 P.M. (New York time) on the Swingline Lender will make available date specified pursuant to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent Section 1.03(b)(i) or (y) in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory Borrowings, no later than 2:00 p.m. 12:00 Noon (Charlotte New York time) on the date specified in Section 2.6(b1.01(e)), each Bank with a Commitment under the respective Tranche will make available its Pro Rata Share (if any) of each Lender Borrowing of Loans requested to be made on such date in the manner provided below (or, in the case of Swingline Loans, Chase will make available the full amount thereof). All such amounts shall be made available to the Administrative Agent in U.S. Dollars and immediately available funds at the Payment Office and the Administrative Agent promptly will make available to the Administrative Agent, for Borrower by depositing to its account at the account Payment Office the aggregate of the Borrower, at amounts so made available in the office type of funds received (other than in respect of Mandatory Borrowings). Unless the Administrative Agent shall have been notified by any Bank prior to the date of Borrowing of any Loans referred to in funds immediately this Section 1.04(a) that such Bank does not intend to make available to the Administrative Agent, such Lender's Commitment Percentage Agent its portion of Mandatory the Borrowing or Borrowings to be made on such borrowing date. The Borrower hereby irrevocably authorizes the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately available funds by crediting or wiring such proceeds to the deposit account of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower and the Administrative Agent from time to time or, in the case of Mandatory Borrowings, in the manner specified in Section 2.6(b)(i). Subject to Section 4.7 hereof, the Administrative Agent shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 may assume that such Bank has made such amount available to the extent that Administrative Agent on such date of Borrowing, and the Swingline Lender has Administrative Agent, in reliance upon such assumption, may (in its sole discretion and without any obligation to do so) make available to the Borrower a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent by such Bank and the Administrative Agent has made available same to the Borrower, the Administrative Agent shall be entitled to recover such corresponding amount from such Bank. If such Bank does not pay such corresponding amount forthwith upon the Administrative Agent's demand therefor, the Administrative Agent shall promptly notify the Borrower, and the Borrower shall immediately pay such corresponding amount to the Administrative Agent. The Administrative Agent shall also be entitled to recover from such Bank or the Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such Swingline Loancorresponding amount was made available by the Administrative Agent to the Borrower to the date such corresponding amount is recovered by the Administrative Agent, at a rate per annum equal to (x) if paid by such Bank, the overnight Federal Funds Effective Rate or (y) if paid by the Borrower, the then applicable rate of interest, calculated in accordance with Section 1.08, for the respective Loans. 27Nothing herein shall be deemed to relieve any Bank from its obligation to fulfill its commitments hereunder or to prejudice any rights which the Borrower may have against any Bank as a result of any failure by such Bank to make Loans hereunder.
Appears in 1 contract
Samples: Credit Agreement (Primedia Inc)
Disbursement of Funds. Not (a) Subject to the terms and conditions hereinafter provided, each Bank will make available its pro rata share, if any, of each Borrowing requested to be made on the date specified in a Notice of Borrowing or a Notice of Competitive Bid Borrowing, as the case may be, in the manner provided below by no later than 2:00 p.m. 1:00 P.M. (Charlotte New York time) on the proposed borrowing such date, but, in the Swingline Lender will case of a Borrowing of Base Rate Loans, only to the extent that such Bank has received a notice from the Administrative Agent of such proposed Borrowing. All amounts shall be made available to the Administrative Agent (x) in the case of a Borrowing of Revolving Loans, in an Approved Currency as specified in such Notice of Borrowing and (y) in the case of a Competitive Bid Borrowing, in Dollars or an Approved Alternate Currency as specified in such Notice of Competitive Bid Borrowing and, in each case, in immediately available funds at the Payment Office, and the Administrative Agent promptly will, on the date specified in such Notice of Borrowing, make available to the Borrower by depositing to its account at the Payment Office the aggregate of the amounts so made available by the Banks by the time specified in the preceding sentence in the type of funds received. Unless the Administrative Agent shall have been notified by any Bank prior to the date of Borrowing that such Bank does not intend to make available to the Administrative AgentAgent its portion, for the account if any, of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory Borrowings, no later than 2:00 p.m. (Charlotte time) on the date specified in Section 2.6(b) each Lender will make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, such Lender's Commitment Percentage of Mandatory Borrowing or Borrowings to be made on such borrowing date. The Borrower hereby irrevocably authorizes the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately available funds by crediting or wiring such proceeds to the deposit account of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower and the Administrative Agent from time to time or, in the case of Mandatory Borrowings, in the manner specified in Section 2.6(b)(i). Subject to Section 4.7 hereof, the Administrative Agent shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 may assume that such Bank has made such amount available to the extent that Administrative Agent on such date of Borrowing, and the Swingline Lender has Administrative Agent, in reliance upon such assumption, may (in its sole discretion and without any obligation to do so) make available to the Borrower a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent by such Bank and the Administrative Agent has made available same to the Borrower, the Administrative Agent shall be entitled to recover such corresponding amount from such Bank. If such Bank does not pay such corresponding amount forthwith upon the Administrative Agent’s demand therefor, the Administrative Agent shall promptly notify the Borrower, and the Borrower shall pay such corresponding amount to the Administrative Agent. The Administrative Agent shall also be entitled to recover from such Bank or the Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such Swingline Loan. 27corresponding amount was made available by the Administrative Agent to the Borrower to the date such corresponding amount is recovered by the Administrative Agent, at a rate per annum equal to (x) if to be paid by such Bank, the customary rate set by the Administrative Agent for the correction of errors among banks for each day during the period consisting of the first three Business Days following such date of availability and thereafter at the Base Rate or (y) if to be paid by the Borrower, the then applicable rate of interest, calculated in accordance with Section 1.09 for the respective Loans.
(b) Nothing herein shall be deemed to relieve any Bank from its obligation to fulfill its commitments hereunder or to prejudice any rights which the Borrower may have against any Bank as a result of any default by such Bank hereunder.
Appears in 1 contract
Samples: Credit Agreement (Ametek Inc/)
Disbursement of Funds. Not No later than 2:00 p.m. 1:00 P.M. (Charlotte New York time) on the proposed borrowing datedate specified in each Notice of Borrowing (or (x) in the case of Swingline Loans, no later than 12:00 Noon. (New York time) on the Swingline Lender will make available date specified pursuant to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent Section 1.03(b)(i) or (y) in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory Borrowings, no later than 2:00 p.m. 1:00 P.M. (Charlotte New York time) on the date specified in Section 2.6(b) 1.01(e)), each Lender with a Commitment of the respective Tranche will make available its pro rata portion (determined in accordance with Section 1.07) of each such Borrowing requested to be made on such date (or in the case of Swingline Loans, the Swingline Lender will make available the full amount thereof). All such amounts will be made available in Dollars and in immediately available funds at the Payment Office, and the Administrative Agent will, except in the case of Revolving Loans made pursuant to a Mandatory Borrowing, make available to the Borrower at the Payment Office the aggregate of the amounts so made available by the Lenders. Unless the Administrative Agent shall have been notified by any Lender prior to the date of Borrowing that such Lender does not intend to make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, such Lender's Commitment Percentage portion of Mandatory Borrowings any Borrowing to be made on such borrowing date. The Borrower hereby irrevocably authorizes , the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately may assume that such Lender has made such amount available funds by crediting or wiring such proceeds to the deposit account Administrative Agent on such date of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower Borrowing and the Administrative Agent from time to time or, in the case of Mandatory Borrowings, in the manner specified in Section 2.6(b)(i). Subject to Section 4.7 hereof, the Administrative Agent may (but shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 to), in reliance upon such assumption, make available to the extent that the Swingline Lender has Borrower a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent by such Lender, the Administrative Agent shall be entitled to recover such corresponding amount on demand from such Lender. If such Lender does not pay such corresponding amount forthwith upon the Administrative Agent's demand therefor, the Administrative Agent shall promptly notify the Borrower and the Borrower shall immediately pay such corresponding amount to the Administrative Agent. The Administrative Agent also shall be entitled to recover on demand from such Lender or the Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such Swingline Loan. 27corresponding amount was made available by the Administrative Agent to the Borrower until the date such corresponding amount is recovered by the Administrative Agent, at a rate per annum equal to (i) if recovered from such Lender, the overnight Federal Funds Rate for the first three days and at the interest rate otherwise applicable to such Loans for each day thereafter and (ii) if recovered from the Borrower, the rate of interest applicable to the respective Borrowing, as determined pursuant to Section 1.
Appears in 1 contract
Samples: Credit Agreement (Nuco2 Inc /Fl)
Disbursement of Funds. (a) Not later than 2:00 p.m. 1:00 P.M. (Charlotte New York time) on the proposed borrowing date, the Swingline Lender will make available to the Administrative Agent, for the account date specified in each Notice of the Borrower, at the office of the Administrative Agent Borrowing (or (x) in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory BorrowingsSwingline Loans, no not later than 2:00 p.m. 3:00 P.M. (Charlotte New York time) on the date specified in Section 2.6(b1.03(b)(i) each Lender will make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, such Lender's Commitment Percentage of Mandatory Borrowings to be made on such borrowing date. The Borrower hereby irrevocably authorizes the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately available funds by crediting or wiring such proceeds to the deposit account of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower and the Administrative Agent from time to time or, (y) in the case of Mandatory Borrowings, not later than 12:00 Noon (New York time) on the date specified in Section 1.01(d)), each Lender with a Commitment under the respective Tranche will make available its pro rata share (determined in accordance with Section 1.07), if any, of each Borrowing requested to be made on such date (or in the case of Swingline Loans, the Swingline Lender shall make available the full amount thereof) in the manner specified in Section 2.6(b)(i)provided below. Subject to Section 4.7 hereof, the Administrative Agent All amounts shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 to the extent that the Swingline Lender has not made available to the Administrative Agent in U.S. Dollars and in immediately available funds at the Payment Office and the Administrative Agent promptly will make available to the Borrower by depositing to its account at the Payment Office the aggregate of the amounts so made available in the type of funds received. Unless the Administrative Agent shall have been notified by any Lender prior to the date of Borrowing that such Lender does not intend to make available to the Administrative Agent its portion of the Borrowing or Borrowings to be made on such date, the Administrative Agent may assume that such Lender has made such amount available to the Administrative Agent on such date of Borrowing, and the Administrative Agent, in reliance upon such Swingline Loanassumption, may (in its sole discretion and without any obligation to do so) make available to the Borrower a corresponding amount. 27If such corresponding amount is not in fact made available to the Administrative Agent by such Lender and the Administrative Agent has made available same to the Borrower, the Administrative Agent shall be entitled to recover such corresponding amount on demand from such Lender. If such Lender does not pay such corresponding amount forthwith upon the Administrative Agent’s demand therefor, the Administrative Agent shall promptly notify the Borrower, and the Borrower shall immediately pay such corresponding amount to the Administrative Agent. The Administrative Agent shall also be entitled to recover on demand from such Lender or the Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such corresponding amount was made available by the Administrative Agent to the Borrower to the date such corresponding amount is recovered by the Administrative Agent, at a rate per annum equal to (x) if paid by such Lender, the overnight Federal Funds Rate or (y) if paid by the Borrower, the then applicable rate of interest, calculated in accordance with Section 1.08.
(b) Nothing in this Agreement shall be deemed to relieve any Lender from its obligation to fulfill its commitments hereunder or to prejudice any rights which the Borrower may have against any Lender as a result of any default by such Lender hereunder.
Appears in 1 contract
Samples: Credit Agreement (EnerSys)
Disbursement of Funds. Not (a) No later than 2:00 p.m. P.M. (Charlotte time) on the proposed borrowing date, the Swingline Lender will make available to the Administrative Agent, for the account of the Borrower, local time at the office of the Administrative Agent in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory Borrowings, no later than 2:00 p.m. (Charlotte timePayment Office) on the date specified in Section 2.6(b) each Notice of Borrowing, each Lender with a Commitment under the Facility under which any Borrowing pursuant to such Notice of Borrowing is to be made will make available its pro rata share, if any, of each Borrowing under such Facility requested to be made on such date in the manner provided below. All amounts shall be made available to the Domestic Administrative Agent in U.S. Dollars, except in the case of Canadian Revolving Loans, in which case the amounts shall be made available to the Canadian Administrative Agent in, as elected by the Canadian Borrowers pursuant to the provisions of this Agreement, Canadian Dollars or Dollars, in each case in immediately available funds at the Payment Office and the Domestic Administrative Agent or Canadian Administrative Agent, as the case may be, promptly will make available to the Administrative Agent, for Borrower making the request by depositing to their account at the Payment Office (or such other account(s) as designated by such Borrower in accordance with section 2.4(c)) the aggregate of the Borrower, at amounts so made available in the office type of funds received. Unless the applicable Administrative Agent in funds immediately shall have been notified by any Lender prior to the date of Borrowing that such Lender does not intend to make available to the applicable Administrative Agent, such Lender's Commitment Percentage Agent its portion of Mandatory the Borrowing or Borrowings to be made on such borrowing date. The Borrower hereby irrevocably authorizes the , such Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately available funds by crediting or wiring may assume that such proceeds to the deposit account of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower and the Administrative Agent from time to time or, in the case of Mandatory Borrowings, in the manner specified in Section 2.6(b)(i). Subject to Section 4.7 hereof, the Administrative Agent shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 to the extent that the Swingline Lender has not made such amount available to the Administrative Agent on such date of Borrowing, and such Administrative Agent, in reliance upon such assumption, may (in its sole discretion and without any obligation to do so) make available to the amount of such Swingline Loan. 27Borrower a corresponding
Appears in 1 contract
Samples: Credit Agreement (Genlyte Group Inc)
Disbursement of Funds. Not No later than 2:00 p.m. 1:00 P.M. (Charlotte New York time) ---------------------- on the date specified in each Notice of Borrowing (or (x) in the case of Swingline Loans, no later than 3:00 P.M. (New York time) on the proposed borrowing date, the Swingline Lender will make available date specified pursuant to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent Section 1.03(b)(i) or (y) in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory Borrowings, no later than 2:00 p.m. 12:00 Noon (Charlotte New York time) on the date specified in Section 2.6(b) 1.01(f)), each Lender will make available Bank which has received the notice referred to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, such Lender's Commitment Percentage of Mandatory Borrowings to be made on such borrowing date. The Borrower hereby irrevocably authorizes the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately available funds by crediting or wiring such proceeds to the deposit account of the Borrower identified in the most recent Notice last sentence of Account Designation Section 1.03(a) (or as may be otherwise agreed upon by (x) in the Borrower and the Administrative Agent from time to time orcase of Swingline Loans, Section 1.03(b)(i) or (y) in the case of Mandatory Borrowings, Section 1.01(f)) will disburse its pro --- rata portion of each Borrowing requested to be made on such date (or, in the manner specified in Section 2.6(b)(i---- case of Swingline Loans, the Swingline Bank will make available the full amount thereof). Subject All such amounts shall be disbursed in Dollars and in immediately available funds at the Payment Office of the Administrative Agent, and the Administrative Agent will promptly disburse to Section 4.7 hereofthe Borrower at the Payment Office, in Dollars and in immediately available funds, the aggregate of the amounts so made available by the Banks (other than in respect of Mandatory Borrowings). Unless the Administrative Agent shall have been notified by any Bank prior to the date of Borrowing that such Bank does not intend to disburse to the Administrative Agent such Bank's portion of any Borrowing to be made on such date, the Administrative Agent may assume that such Bank has disbursed such amount to the Administrative Agent on such date of Borrowing and the Administrative Agent may, in reliance upon such assumption, disburse to the Borrower a corresponding amount. If such corresponding amount is not in fact disbursed to the Administrative Agent by such Bank, the Administrative Agent shall be entitled to recover such corresponding amount on demand from such Bank. If such Bank does not be obligated to disburse pay such corresponding amount forthwith upon the proceeds of any Swingline Loan requested pursuant to this Section 2.6 to Administrative Agent's demand therefor, the extent that Administrative Agent shall promptly notify the Swingline Lender has not made available Borrower and the Borrower shall within three Business Days thereafter pay such corresponding amount to the Administrative Agent. The Administrative Agent shall also be entitled to recover (without duplication) on demand from such Bank or the Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such Swingline Loan. 27corresponding amount was disbursed by the Administrative Agent to the Borrower until the date such corresponding amount is recovered by the Administrative Agent, at a rate per annum equal to (i) if recovered from such Bank, at the overnight Federal Funds Rate and (ii) if recovered from the Borrower, the rate of interest applicable to the respective Borrowing, as determined pursuant to Section 1.
Appears in 1 contract
Disbursement of Funds. Not (a) No later than 2:00 p.m. 1:00 P.M. (Charlotte time) on the proposed borrowing date, the Swingline Lender will make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory Borrowings, no later than 2:00 p.m. (Charlotte New York time) on the date specified in Section 2.6(b) each Lender Notice of Borrowing, each Bank will make available its pro rata share of each Borrowing requested to be made on such date in the manner provided below. All such amounts shall be made available to the Administrative Agent in Dollars and immediately available funds at the Payment Office and the Administrative Agent promptly will make available to the Administrative Agent, for Borrower by depositing to its account at the account Payment Office the aggregate of the Borrower, at the office of amounts so made available in Dollars and immediately available funds. Unless the Administrative Agent in funds immediately shall have been notified by any Bank prior to the date of Borrowing that such Bank does not intend to make available to the Administrative Agent, such Lender's Commitment Percentage Agent its portion of Mandatory the Borrowing or Borrowings to be made on such borrowing date. The Borrower hereby irrevocably authorizes the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately available funds by crediting or wiring such proceeds to the deposit account of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower and the Administrative Agent from time to time or, in the case of Mandatory Borrowings, in the manner specified in Section 2.6(b)(i). Subject to Section 4.7 hereof, the Administrative Agent shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 may assume that such Bank has made such amount available to the extent that Administrative Agent on such date of Borrowing, and the Swingline Lender has Administrative Agent, in reliance upon such assumption, may (in its sole discretion and without any obligation to do so) make available to the Borrower a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent by such Bank and the Administrative Agent has made available same to the Borrower, the Administrative Agent shall be entitled to recover such corresponding amount from such Bank. If such Bank does not pay such corresponding amount forthwith upon the Administrative Agent's demand therefor, the Administrative Agent shall promptly (and in any event within two Business Days from the date the Administrative Agent made such funds available to the Borrower) notify the Borrower, and the Borrower shall (within two Business Days of receiving such Swingline Loandemand) pay such corresponding amount to the Administrative Agent. 27The Administrative Agent shall also be entitled to recover on demand from such Bank or the Borrower, as the case may be, interest on such corresponding amount
(b) Nothing herein shall be deemed to relieve any Bank from its obligation to fulfill its commitments hereunder or to prejudice any rights which the Borrower may have against any Bank as a result of any default by such Bank hereunder.
Appears in 1 contract
Disbursement of Funds. Not No later than 12:00 Noon (2:00 p.m. (Charlotte time) on the proposed borrowing date, the Swingline Lender will make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent P.M. in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory Borrowings, no later than 2:00 p.m. Swingline Loans) (Charlotte New York time) on the date specified in Section 2.6(b) each Lender will make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, such Lender's Commitment Percentage of Mandatory Borrowings to be made on such borrowing date. The Borrower hereby irrevocably authorizes the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately available funds by crediting or wiring such proceeds to the deposit account of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower and the Administrative Agent from time to time Borrowing (or, in the case of Mandatory BorrowingsSwingline Loans, the notice delivered under Section 1.03(b)), each Bank will make available its pro rata portion of each Borrowing (or, in the manner specified case of Swingline Loans, Chase will make available the entire amount of such Borrowing) requested to be made on such date. All such amounts shall be made available in Section 2.6(b)(i)Dollars or Canadian Dollars, as the case may be, and in immediately available funds at the Payment Office of the Administrative Agent, and the Administrative Agent will make available to the applicable Borrower at the Payment Office, in Dollars or Canadian Dollars, as the case may be, and in immediately available funds, the aggregate of the amounts so made available by the Banks. Subject Unless the Administrative Agent shall have been notified by any Bank prior to Section 4.7 hereofthe date of Borrowing that such Bank does not intend to make available to the Administrative Agent such Bank's portion of any Borrowing to be made on such date, the Administrative Agent shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 may assume that such Bank has made available such amount to the extent that Administrative Agent on such date of Borrowing and the Swingline Lender has Administrative Agent may, in reliance upon such assumption, make available to the applicable Borrower a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent by such Bank, the Administrative Agent shall be entitled to recover such corresponding amount on demand from such Bank. If such Bank does not pay such corresponding amount forthwith upon the Administrative Agent's demand therefor, the Administrative Agent shall promptly notify the applicable Borrower and such Borrower, to the extent such Borrower has been funded such amount, shall within one day thereafter pay such corresponding amount to the Administrative Agent. The Administrative Agent shall also be entitled to recover on demand from such Bank or the applicable Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such Swingline Loan. 27corresponding amount was made available by the Administrative Agent to such Borrower until the date such corresponding amount is recovered by the Administrative Agent, at a rate per annum equal to (i) if recovered from such Bank (a) at the overnight Federal Funds Rate, in the case of Revolving $ Loans, and (b) at a rate determined by the Administrative Agent to represent its cost of overnight or short-term funds in Canadian Dollars, in the case of Revolving C$ Loans, and (ii) if recovered from a Borrower, the rate of interest applicable to the respective Borrowing, as determined pursuant to Section 1.
Appears in 1 contract
Disbursement of Funds. (a) Not later than 2:00 p.m. 1:00 P.M. (Charlotte New York --------------------- time) on the proposed borrowing date, the Swingline Lender will make available to the Administrative Agent, for the account date specified in each Notice of the Borrower, at the office of the Administrative Agent Borrowing (or (x) in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory BorrowingsSwingline Loans, no not later than 2:00 p.m. P.M. (Charlotte New York time) on the date specified in Section 2.6(b1.03(b)(i) each Lender will make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, such Lender's Commitment Percentage of Mandatory Borrowings to be made on such borrowing date. The Borrower hereby irrevocably authorizes the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately available funds by crediting or wiring such proceeds to the deposit account of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower and the Administrative Agent from time to time or, (y) in the case of Mandatory Borrowings, not later than 12:00 Noon (New York time) on the date specified in Section 1.01(d)), each Bank with a Commitment of the respective Tranche will make available its pro rata --- ---- share (determined in accordance with Section 1.07), if any, of each Borrowing requested to be made on such date (or in the case of Swingline Loans, BTCo shall make available the full amount thereof) in the manner specified in Section 2.6(b)(i)provided below. Subject to Section 4.7 hereof, the Administrative Agent All amounts shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 to the extent that the Swingline Lender has not made available to the Administrative Agent in U.S. Dollars and in immediately available funds at the Payment Office and the Administrative Agent promptly will make available to the Borrower by depositing to its account at the Payment Office the aggregate of the amounts so made available in the type of funds received. Unless the Administrative Agent shall have been notified by any Bank prior to the date of Borrowing that such Bank does not intend to make available to the Administrative Agent its portion of the Borrowing or Borrowings to be made on such date, the Administrative Agent may assume that such Bank has made such amount available to the Administrative Agent on such date of Borrowing, and the Administrative Agent, in reliance upon such Swingline Loanassumption, may (in its sole discretion and without any obligation to do so) make available to the Borrower a corresponding amount. 27If such corresponding amount is not in fact made available to the Administrative Agent by such Bank and the Administrative Agent has made available same to the Borrower, the Administrative Agent shall be entitled to recover such corresponding amount on demand from such Bank. If such Bank does not pay such corresponding amount forthwith upon the Administrative Agent's demand therefor, the Administrative Agent shall promptly notify the Borrower, and the Borrower shall immediately pay such corresponding amount to the Administrative Agent. The Administrative Agent shall also be entitled to recover on demand from such Bank or the Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such corresponding amount was made available by the Administrative Agent to the Borrower to the date such corresponding amount is recovered by the Administrative Agent, at a rate per annum equal to (x) if paid by such Bank, the overnight Federal Funds Rate or (y) if paid by the Borrower, the then applicable rate of interest, calculated in accordance with Section 1.08.
(b) Nothing in this Agreement shall be deemed to relieve any Bank from its obligation to fulfill its commitments hereunder or to prejudice any rights which the Borrower may have against any Bank as a result of any default by such Bank hereunder.
Appears in 1 contract
Disbursement of Funds. Not No later than 2:00 p.m. 1:00 P.M. (Charlotte New York time) on the proposed borrowing datedate specified in each Notice of Borrowing (or (x) in the case of Swingline Loans, no later than 3:00 P.M. (New York time) on the Swingline Lender will make available date specified pursuant to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent Section 1.03(b)(i) or (y) in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory Borrowings, no later than 2:00 p.m. 1:00 P.M. (Charlotte New York time) on the date specified in Section 2.6(b) 1.01(e)), each Lender Bank with a Commitment of the respective Tranche will make available to the Administrative Agent, for the account its pro rata portion (determined in accordance with Section 1.07) of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, each such Lender's Commitment Percentage of Mandatory Borrowings Borrowing requested to be made on such borrowing date. The Borrower hereby irrevocably authorizes the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately available funds by crediting or wiring such proceeds to the deposit account of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower and the Administrative Agent from time to time date (or, in the case of Swingline Loans, the Swingline Bank will make available the full amount thereof). All such amounts will be made available in Dollars and in immediately available funds at the Payment Office of the Administrative Agent, and the Administrative Agent will make available to the Borrower at the Payment Office the aggregate of the amounts so made available by the Banks (other than in respect of Mandatory Borrowings, in the manner specified in Section 2.6(b)(i). Subject Unless the Administrative Agent shall have been notified by any Bank prior to Section 4.7 hereofthe date of Borrowing that such Bank does not intend to make available to the Administrative Agent such Bank's portion of any Borrowing to be made on such date, the Administrative Agent may assume that such Bank has made such amount available to the Administrative Agent on such date of Borrowing and the Administrative Agent may (but shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 to), in reliance upon such assumption, make available to the extent that the Swingline Lender has Borrower a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent by such Bank, the Administrative Agent shall be entitled to recover such corresponding amount on demand from such Bank. If such Bank does not pay such corresponding amount forthwith upon the Administrative Agent's demand therefor, the Administrative Agent shall promptly notify the Borrower and the Borrower shall immediately pay such corresponding amount to the Administrative Agent. The Administrative Agent shall also be entitled to recover on demand from such Bank or the Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such Swingline Loan. 27corresponding amount was made available by the Administrative Agent to the Borrower until the date such corresponding amount is recovered by the Administrative Agent, at a rate per annum equal to (i) if recovered from such Bank, at the customary rate set by the Administrative Agent for the correction of errors among banks for each day during
Appears in 1 contract
Samples: Credit Agreement (Doubletree Corp)
Disbursement of Funds. Not (a) No later than 2:00 p.m. Noon (Charlotte time) on the proposed borrowing date, the Swingline Lender will make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory Borrowings, no later than 2:00 p.m. (Charlotte New York City time) on the date specified for each Borrowing of Revolving Loans or Competitive Bid Loans, each Bank required to participate therein will, subject to the terms and conditions of this Agreement, make available its Pro Rata Share, in the case of a Borrowing of Revolving Loans, its share as specified in Section 2.6(b2.3(d) each Lender of the Loans requested to be made on such date in Dollars and immediately available funds at the Payment Office by such Bank. After the Administrative Agent's receipt of the proceeds of such Loans in immediately available funds, the Administrative Agent will make available to the Administrative Agent, for Borrower by depositing in the Borrower's account at the Payment Office the aggregate of the Borroweramounts so made available by the Banks in immediately available funds. In the event that the Loans made by a Bank mature or are being prepaid on the date of a requested Borrowing, at such Bank shall apply the office proceeds of the Loans, if any, it is then making to the extent thereof, to the repayment of such maturing or prepaid Loans, such Loans and prepayments intended to be a contemporaneous exchange.
(b) Unless the Administrative Agent in funds immediately shall have been notified by any Bank prior to the date of a Borrowing that such Bank does not intend to make available to the Administrative Agent, Agent such LenderBank's Commitment Percentage portion of Mandatory Borrowings the Loans to be made on such borrowing date. The Borrower hereby irrevocably authorizes , the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately may assume that such Bank has made such amount available funds by crediting or wiring such proceeds to the deposit account of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower Administrative Agent on such date and the Administrative Agent from time to time ormay, in the case of Mandatory Borrowingsits sole discretion and in reliance upon such assumption, in the manner specified in Section 2.6(b)(i). Subject to Section 4.7 hereof, the Administrative Agent but shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 to, make available to the extent that the Swingline Lender has Borrower a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent by such Bank on the date of Borrowing, the Administrative Agent shall be entitled to recover such corresponding amount on demand from such Bank. If such Bank does not pay such corresponding amount forthwith upon the Administrative Agent's demand therefor, the Administrative Agent shall promptly notify the Borrower, and the Borrower shall pay such corresponding amount (to the extent such amount is not collected from such Bank) to the Administrative Agent promptly, and in any event no later than the next succeeding Business Day. The Administrative Agent shall also be entitled to recover from such Bank or the Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such corresponding amount was made available by the Administrative Agent to the Borrower at a rate per annum equal to the interbank compensation rate set by the Administrative Agent or its actual cost of funds, whichever is higher. Nothing herein shall be deemed to relieve any Bank from its obligation to fulfill its commitments hereunder or to prejudice any rights which the Borrower may have against any Bank as a result of any default by such Bank hereunder.
(c) In the event that a Borrowing of Revolving Loans is requested to be made pursuant to this Agreement, if, after giving effect thereto and the use of proceeds thereof, the outstanding principal amount of Revolving Loans and Competitive Bid Loans made by such Bank at such time would exceed such Bank's Commitment, such Bank shall, immediately upon but in any event within one Business Day of receipt of a Notice of Borrowing, notify the Administrative Agent, and the Borrower of the amount of such Swingline Loan. 27excess, and such Bank shall not be obligated to make Loans pursuant to such Borrowing to the extent of such excess.
Appears in 1 contract
Samples: Credit Agreement (Eastman Kodak Co)
Disbursement of Funds. (a) Not later than 2:00 p.m. 1:00 P.M. (Charlotte New York --------------------- time) on the proposed borrowing date, the Swingline Lender will make available to the Administrative Agent, for the account date specified in each Notice of the Borrower, at the office of the Administrative Agent Borrowing (or (x) in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory BorrowingsSwingline Loans, no not later than 2:00 p.m. P.M. (Charlotte New York time) on the date specified in Section 2.6(b1.03(b)(i) each Lender will make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, such Lender's Commitment Percentage of Mandatory Borrowings to be made on such borrowing date. The Borrower hereby irrevocably authorizes the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately available funds by crediting or wiring such proceeds to the deposit account of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower and the Administrative Agent from time to time or, (y) in the case of Mandatory Borrowings, not later than 12:00 Noon (New York time) on the date specified in Section 1.01(d)), each Bank with a Commitment of the respective Tranche will make available its pro rata --- ---- share (determined in accordance with Section 1.07), if any, of each Borrowing requested to be made on such date (or in the case of Swingline Loans, BTCo shall make available the full amount thereof) in the manner specified in Section 2.6(b)(i)pro vided below. Subject to Section 4.7 hereof, the Administrative Agent All amounts shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 to the extent that the Swingline Lender has not made available to the Administrative Agent in U.S. Dollars and in immediately available funds at the Payment Office and the Agent promptly will make avail able to the Borrower by depositing to its account at the Payment Office the aggregate of the amounts so made available in the type of funds received. Unless the Agent shall have been notified by any Bank prior to the date of Borrowing that such Bank does not intend to make available to the Agent its portion of the Borrowing or Borrowings to be made on such date, the Agent may assume that such Bank has made such amount available to the Agent on such date of Borrowing, and the Agent, in reliance upon such Swingline Loanassumption, may (in its sole dis cretion and without any obligation to do so) make available to the Borrower a correspond ing amount. 27If such corresponding amount is not in fact made available to the Agent by such Bank and the Agent has made available same to the Borrower, the Agent shall be enti tled to recover such corresponding amount on demand from such Bank. If such Bank does not pay such corresponding amount forthwith upon the Agent's demand therefor, the Agent shall promptly notify the Borrower, and the Borrower shall immediately pay such corre sponding amount to the Agent. The Agent shall also be entitled to recover on demand from such Bank or the Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such corresponding amount was made available by the Agent to the Borrower to the date such corresponding amount is recovered by the Agent, at a rate per annum equal to (x) if paid by such Bank, the overnight Federal Funds Rate or (y) if paid by the Borrower, the then applicable rate of interest, calculated in accordance with Section 1.08.
(b) Nothing in this Agreement shall be deemed to relieve any Bank from its obligation to fulfill its commitments hereunder or to prejudice any rights which the Borrower may have against any Bank as a result of any default by such Bank hereunder.
Appears in 1 contract
Samples: Credit Agreement (Alliance Imaging of Michigan Inc)
Disbursement of Funds. (a) Not later than 2:00 p.m. 1:00 P.M. (Charlotte New York --------------------- time) on the proposed borrowing date, the Swingline Lender will make available to the Administrative Agent, for the account date specified in each Notice of the Borrower, at the office of the Administrative Agent Borrowing (or (x) in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory BorrowingsSwingline Loans, no not later than 2:00 p.m. 3:00 P.M. (Charlotte New York time) on the date specified in Section 2.6(b1.03(b)(i) each Lender will make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, such Lender's Commitment Percentage of Mandatory Borrowings to be made on such borrowing date. The Borrower hereby irrevocably authorizes the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately available funds by crediting or wiring such proceeds to the deposit account of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower and the Administrative Agent from time to time or, (y) in the case of Mandatory Borrowings, not later than 12:00 Noon (New York time) on the date specified in Section 1.01(c)), each Bank will make available its pro rata share (determined in accordance with Section --- ---- 1.07), of each Borrowing requested to be made on such date (or in the case of Swingline Loans, BTCo shall make available the full amount thereof) in the manner specified in Section 2.6(b)(i)provided below. Subject to Section 4.7 hereof, the Administrative Agent All amounts shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 to the extent that the Swingline Lender has not made available to the Administrative Agent in U.S. Dollars and in immediately available funds at the Payment Office and the Administrative Agent promptly will make available to the Borrower (or BTCo in the case of a Mandatory Borrowing) by depositing to its account at the Payment Office the aggregate of the amounts so made available. Unless the Administrative Agent shall have been notified by any Bank prior to the date of Borrowing that such Bank does not intend to make available to the Administrative Agent its portion of the Borrowing or Borrowings to be made on such date, the Administrative Agent may assume that such Bank has made such amount available to the Administrative Agent on such date of Borrowing, and the Administrative Agent, in reliance upon such Swingline Loanassumption, may (in its sole discretion and without any obligation to do so) make available to the Borrower a corresponding amount. 27If such corresponding amount is not in fact made available to the Administrative Agent by such Bank and the Administrative Agent has made available same to the Borrower, the Administrative Agent shall be entitled to recover such corresponding amount on demand from such Bank. If such Bank does not pay such corresponding amount forthwith upon the Administrative Agent's demand therefor, the Administrative Agent shall promptly notify the Borrower, and the Borrower shall immediately pay such corresponding amount to the Administrative Agent. The Administrative Agent shall also be entitled to recover on demand from such Bank or the Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such corresponding amount was made available by the Administrative Agent to the Borrower to the date such corresponding amount is recovered by the Administrative Agent, at a rate per annum equal to (x) if paid by such Bank, the overnight Federal Funds Rate or (y) if paid by the Borrower, the then applicable rate of interest, calculated in accordance with Section 1.08.
(b) Nothing in this Agreement shall be deemed to relieve any Bank from its obligation to fulfill its commitments hereunder or to prejudice any rights which the Borrower may have against any Bank as a result of any default by such Bank hereunder.
Appears in 1 contract
Samples: Credit Agreement (NRT Inc)
Disbursement of Funds. (a) Not later than 2:00 p.m. 1:00 P.M. (Charlotte New York time) on the proposed borrowing date, the Swingline Lender will make available to the Administrative Agent, for the account date specified in each Notice of the Borrower, at the office of the Administrative Agent Borrowing (or (x) in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory BorrowingsSwingline Loans, no not later than 2:00 p.m. P.M. (Charlotte New York time) on the date specified in Section 2.6(b1.03(b)(i), (y) each Lender will make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, such Lender's Commitment Percentage of Mandatory Borrowings to be made on such borrowing date. The Borrower hereby irrevocably authorizes the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately available funds by crediting or wiring such proceeds to the deposit account of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower and the Administrative Agent from time to time or, in the case of Mandatory Borrowings, not later than 12:00 Noon (New York time) on the date specified in Section 1.01(d) or (z) in the case of Term Loans made on the Initial Borrowing Date, not later than 11:00 A.M. (New York time) (or such earlier time as may be agreed by the Administrative Agent) on such date), each Lender with a Commitment under the respective Tranche will make available its PRO RATA share (determined in accordance with Section 1.07), if any, of each Borrowing requested to be made on such date (or in the case of Swingline Loans, the Swingline Lender shall make available the full amount thereof) in the manner specified in Section 2.6(b)(i)provided below. Subject to Section 4.7 hereof, the Administrative Agent All amounts shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 to the extent that the Swingline Lender has not made available to the Administrative Agent in U.S. Dollars and in immediately available funds at the Payment Office and the Administrative Agent promptly will make available to the Borrower by depositing to its account at the Payment Office (or such other account at a commercial bank located in New York City as designated in the Notice of Borrowing or otherwise by the Borrower to the Administrative Agent) the aggregate of the amounts so made available in the type of funds received. Unless the Administrative Agent shall have been notified by any Lender prior to the date of Borrowing that such Lender does not intend to make available to the Administrative Agent its portion of the Borrowing or Borrowings to be made on such date, the Administrative Agent may assume that such Lender has made such amount available to the Administrative Agent on such date of Borrowing, and the Administrative Agent, in reliance upon such Swingline Loanassumption, may (in its sole discretion and without any obligation to do so) make available to the Borrower a corresponding amount. 27If such corresponding amount is not in fact made available to the Administrative Agent by such Lender and the Administrative Agent has made available same to the Borrower, the Administrative Agent shall be entitled to recover such corresponding amount on demand from such Lender. If such Lender does not pay such corresponding amount forthwith upon the Administrative Agent's demand therefor, the Administrative Agent shall promptly notify the Borrower, and the Borrower shall promptly (and, in any event, no later than one Business Day following such notification) pay such corresponding amount to the Administrative Agent. The Administrative Agent shall also be entitled to recover on demand from such Lender or the Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such corresponding amount was made available by the Administrative Agent to the Borrower to the date such corresponding amount is recovered by the Administrative Agent, at a rate per annum equal to (x) if paid by such Lender, the overnight Federal Funds Rate for the first three days and the interest rate otherwise applicable to such Loans for each day thereafter or (y) if paid by the Borrower, the then applicable rate of interest, calculated in accordance with, and in satisfaction of its obligation to pay interest under, Section 1.08.
(b) Nothing in this Agreement shall be deemed to relieve any Lender from its obligation to fulfill its commitments hereunder or to prejudice any rights which the Borrower may have against any Lender as a result of any default by such Lender hereunder.
Appears in 1 contract
Samples: Credit Agreement (Intelsat LTD)
Disbursement of Funds. Not (a) No later than 2:00 p.m. (Charlotte 1:00 P.M., New York City time) , on the proposed borrowing datedate specified in each Notice of Borrowing, the Swingline Lender each Bank will make available to the Administrative Agent, for the account its Pro Rata Share of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, the amount of the Swingline Loan Construction Loans requested to be made on such borrowing date, in Dollars and immediately available funds, at the Agent Bank's Office. In After the case Agent Bank's receipt of Mandatory Borrowingsthe proceeds of any Construction Loans (including, no later than 2:00 p.m. (Charlotte time) on without limitation, any Make-up Amounts), the date specified in Section 2.6(b) each Lender Agent Bank will promptly thereafter make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, such Lender's Commitment Percentage of Mandatory Borrowings to be made on such borrowing date. The Borrower hereby irrevocably authorizes the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately available funds by crediting or wiring such proceeds to the deposit account of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower and the Administrative Agent from time to time or, in the case of Mandatory Borrowings, in the manner specified in Section 2.6(b)(i). Subject Article VII, the aggregate of the amounts so made available in the type of funds actually received plus the amount then on deposit in the Revenue Account by virtue of which the requested amount of Construction Loans was reduced pursuant to Section 4.7 hereof2.1(b).
(b) Unless the Agent Bank shall have been notified by any Bank prior to the date of a Borrowing that such Bank does not intend to make available to the Agent Bank its portion of the Construction Loans to be made on such date, the Administrative Agent shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 Bank may assume that such Bank has made such amount available to the extent that Agent Bank on such date and the Swingline Lender has Agent Bank in its sole discretion may, in reliance upon such assumption, make available to the Borrower a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent Bank by such Bank, or provided to the Agent Bank pursuant to clause (c) of this Section 2.5, and the Agent Bank has made such amount available to the Borrower, the Agent Bank shall be entitled to recover such corresponding amount on demand from such Bank. If the Agent Bank notifies the Borrower at the time of any disbursement that the Agent Bank has made an amount available upon the failure of a Bank to do so, then if such Bank does not pay such corresponding amount forthwith upon the Agent Bank's demand therefor, and the Agent Bank has not received such amount pursuant to clause (c) of this Section 2.5, the Agent Bank may notify the Borrower and the Borrower shall immediately thereupon repay such corresponding amount to the Agent Bank. The Agent Bank shall also be entitled to recover from such Bank or the Borrower, without duplication, interest on such corresponding amount in respect of each day from the date such corresponding amount was made available by the Agent Bank to the Borrower to the date such corresponding amount is recovered by the Agent Bank, at a rate per annum equal to the then applicable rate of interest, calculated in accordance with Section 2.7, for the respective Type of Loans. Nothing herein shall be construed to relieve any Bank from its obligation to fulfill its commitments hereunder or to prejudice any rights which the Borrower may have against any Bank as a result of any default by such Bank hereunder. Notwithstanding anything contained herein or in any other Loan Document to the contrary, the Agent Bank may apply all funds and the proceeds of Collateral available for the payment of any Obligations first to repay any amount owing by any Bank or the Borrower to the Agent Bank as a result of any Bank's failure to fund its Loans hereunder.
(c) If the Agent Bank determines that any Bank (a "Defaulting Bank") will not make available to the Agent Bank its portion (the "Defaulted Amount") of Construction Loans to be made on the date specified in the relevant Notice of Borrowing, the Agent Bank shall promptly notify each other Bank (each a "Non-Defaulting Bank") of the Defaulted Amount and provide each Non-Defaulting Bank the opportunity to fund all or a portion of the Defaulted Amount by providing such Non- Defaulting Bank's Make-up Amount (as defined below) to the Agent Bank in Dollars and immediately available funds at the Agent Bank's Office on the date specified in the relevant Notice of Borrowing; provided, however, that notwithstanding anything in this clause (c) to the contrary, (i) neither the Agent Bank nor any Non-Defaulting Bank shall in any way be obligated to fund any portion of the Defaulted Amount and (ii) any funding by any Non-Defaulting Bank of all or any portion of a Defaulted Amount shall not increase the Commitments of such Swingline LoanNon-Defaulting Bank or obligate such Non-Defaulting Bank to fund all or any portion of further Defaulted Amounts. 27Any Non- Defaulting Bank which intends to fund all or a portion of the Defaulted Amount shall promptly provide written notice to the Agent Bank indicating such intention and specifying the portion of the Defaulted Amount which such Non-Defaulting Bank intends to fund (such Bank's "Make-up Amount"
Appears in 1 contract
Samples: Construction and Term Loan Agreement (NRG Generating U S Inc)
Disbursement of Funds. Not (a) No later than 2:00 p.m. P.M. (Charlotte time) on the proposed borrowing date, the Swingline Lender will make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory Borrowings, no later than 2:00 p.m. (Charlotte New York time) on the date specified in Section 2.6(b) each Lender Notice of Borrowing, each Bank will make available to the Administrative Agent, for Agent in New York its pro rata portion of each Borrowing requested to be made on such date in the account of manner provided below.
(b) Each Bank shall make available all amounts it is to fund under any Borrowing on or after the Borrower, at the office of Closing Date in immediately available funds to the Administrative Agent to the account specified therefor by the Administrative Agent (or, if no account is so specified at the Agent's Office), and the Administrative Agent will make such funds available to the Borrower no later than 4:00 P.M. (New York time) on the date specified in the Notice of Borrowing by depositing to the account specified therefor by the Borrower (or, if no account is so specified to its account at the Agent's Office) the aggregate of the amounts so made available in the type of funds immediately received. Unless the Administrative Agent shall have been notified by any Bank prior to the date of any such Borrowing that such Bank does not intend to make available to the Administrative Agent, such Lender's Commitment Percentage Agent its portion of Mandatory the Borrowing or Borrowings to be made on such borrowing date. The Borrower hereby irrevocably authorizes the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately available funds by crediting or wiring such proceeds to the deposit account of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower and the Administrative Agent from time to time or, in the case of Mandatory Borrowings, in the manner specified in Section 2.6(b)(i). Subject to Section 4.7 hereof, the Administrative Agent shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 may assume that such Bank has made such amount available to the extent that Administrative Agent on such date of Borrowing, and the Swingline Lender has Administrative Agent, in reliance upon such assumption, may (in its sole discretion and without any obligation to do so) make available to the Borrower a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent by such Bank and the Administrative Agent has made available such corresponding amount of to the Borrower, the Administrative Agent shall be entitled to recover such Swingline Loan. 27corresponding amount from such
Appears in 1 contract
Disbursement of Funds. Not No later than 2:00 p.m. 1:00 P.M. (Charlotte New York time) on the proposed borrowing datedate specified in each Notice of Borrowing (or (x) in the case of Swingline Loans, no later than 4:00 P.M. (New York time) on the Swingline Lender will make available date specified pursuant to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent Section 2.03(b)(i) or (y) in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory Borrowings, no later than 2:00 p.m. 1:00 P.M. (Charlotte New York time) on the date specified in Section 2.6(b) 2.01(f)), each Lender with a Commitment of the respective Tranche will make available its pro rata portion (determined in accordance with Section 2.07) of each such Borrowing requested to be made on such date (or in the case of Swingline Loans, the Swingline Lender will make available the full amount thereof). All such amounts will be made available in Dollars and in immediately available funds at the Payment Office, and the Administrative Agent will, except in the case of Revolving Loans made pursuant to a Mandatory Borrowing, make available to the Borrower at the Payment Office the aggregate of the amounts so made available by the Lenders. Unless the Administrative Agent shall have been notified by any Lender prior to the date of Borrowing that such Lender does not intend to make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, such Lender's Commitment Percentage ’s portion of Mandatory Borrowings any Borrowing to be made on such borrowing date. The Borrower hereby irrevocably authorizes , the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately may assume that such Lender has made such amount available funds by crediting or wiring such proceeds to the deposit account Administrative Agent on such date of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower Borrowing and the Administrative Agent from time to time or, in the case of Mandatory Borrowings, in the manner specified in Section 2.6(b)(i). Subject to Section 4.7 hereof, the Administrative Agent may (but shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 to), in reliance upon such assumption, make available to the extent that the Swingline Lender has Borrower a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent by such Lender, the Administrative Agent shall be entitled to recover such corresponding amount on demand from such Lender. If such Lender does not pay such corresponding amount forthwith upon the Administrative Agent’s demand therefor, the Administrative Agent shall promptly notify the Borrower and the Borrower shall immediately pay such corresponding amount to the Administrative Agent. The Administrative Agent also shall be entitled to recover on demand from such Lender or the Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such Swingline Loancorresponding amount was made available by the Administrative Agent to the Borrower until the date such corresponding amount is recovered by the Administrative Agent, at a rate per annum equal to (i) if recovered from such Lender, the overnight Federal Funds Rate for the first three days and at the interest rate otherwise applicable to such Loans for each day thereafter, and (ii) if recovered from the Borrower, the rate of interest applicable to the respective Borrowing, as determined pursuant to Section 2.08. 27Nothing in this Section 2.04 shall be deemed to relieve any Lender from its obligation to make Loans hereunder or to prejudice any rights which the Borrower may have against any Lender as a result of any failure by such Lender to make Loans hereunder.
Appears in 1 contract
Disbursement of Funds. Not No later than 2:00 p.m. 12:00 P.M. (Charlotte New York City time) on the proposed borrowing date a Borrowing is requested pursuant to Section 2.03(a) above (or deemed requested in accordance with Section 5.03(a), 9.03(c) and 9.11 hereof shall, this Agreement), each Lender will make available its pro rata portion (determined in accordance with Section 2.07) of each such Borrowing requested to be made on such date. All such amounts will be made available in Dollars and in immediately available funds to the Administrative Agent, and the Swingline Lender Administrative Agent will make available to the Borrower Agent on the day so requested by way of credit to such Borrower Agent’s operating account at PNC, or such other bank as Borrower Agent may designate following notification to Administrative Agent, for the account of the in immediately available federal funds or other immediately available funds or, (ii) with respect to any Borrowing deemed to have been requested by any Borrower, at be disbursed to Administrative Agent to be applied to the office outstanding Obligations giving rise to such deemed request; provided that, if, on the date of a Borrowing of Revolving Loans, the Administrative Agent has received written notice at least one Business Day prior to such date that there are Unpaid Drawings then outstanding, then the proceeds of such Borrowing shall be applied, first, to the payment in funds immediately full in cash of any such Unpaid Drawings with respect to Letters of Credit, and second, to the Borrower Agent as otherwise provided above. Unless the Administrative Agent shall have been notified in writing by any Lender prior to the date of Borrowing that such Lender does not intend to make available to the Administrative Agent, the amount Agent such Lender’s portion of the Swingline Loan any Borrowing to be made on such borrowing date. In , the case Administrative Agent may assume that such Lender has made such amount available to the Administrative Agent on such date of Mandatory BorrowingsBorrowing and the Administrative Agent may (but shall not be obligated to), no later than 2:00 p.m. (Charlotte time) on the date specified in Section 2.6(b) each Lender will reliance upon such assumption, make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Borrower Agent a corresponding amount. If such corresponding amount is not in funds immediately available to the Administrative Agent, such Lender's Commitment Percentage of Mandatory Borrowings to be made on such borrowing date. The Borrower hereby irrevocably authorizes the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately available funds by crediting or wiring such proceeds to the deposit account of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower and the Administrative Agent from time to time or, in the case of Mandatory Borrowings, in the manner specified in Section 2.6(b)(i). Subject to Section 4.7 hereof, the Administrative Agent shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 to the extent that the Swingline Lender has not fact made available to the Administrative Agent by such Lender, the Administrative Agent shall be entitled to recover such corresponding amount on demand from such Lender. If such Lender does not pay such corresponding amount forthwith upon the Administrative Agent’s demand therefor, the Administrative Agent shall promptly notify the Borrower Agent, and the Borrower Agent shall promptly (but in any event within one Business Day) pay such corresponding amount to the Administrative Agent. The Administrative Agent also shall be entitled to recover on demand from such Lender or the Borrower Agent, as the case may be, interest on such corresponding amount in respect of each day from the date such Swingline Loancorresponding amount was made available by the Administrative Agent to the Borrower Agent until the date such corresponding amount is recovered by the Administrative Agent, at a rate per annum equal to (i) if recovered from such Lender, the greater of (A)(x) the daily average Effective Federal Funds Rate (computed on the basis of a year of 360 days) during such period as quoted by Administrative Agent, times (y) such amount or (B) a rate determined by Administrative Agent in accordance with banking industry rules on interbank compensation and (ii) if recovered from the Borrower Agent, the rate of interest applicable to the respective Borrowing, as determined pursuant to Section 2.08. 27Nothing in this Section 2.04 shall be deemed to relieve any Lender from its obligation to make Loans hereunder or to prejudice any rights which the Borrower Agent may have against any Lender as a result of any failure by such Lender to make Loans hereunder.
Appears in 1 contract
Disbursement of Funds. Not Except as otherwise specifically provided in the immediately succeeding sentence, no later than 2:00 p.m. 12:00 Noon (Charlotte New York time) on the proposed borrowing datedate specified in each Notice of Bor- rowing (or (x) in the case of Swingline Loans, not later than 2:00 P.M. (New York time) on the Swingline Lender will make available date specified pursuant to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent Section 1.03(b)(i) or (y) in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory Borrowings, no not later than 2:00 p.m. 12:00 Noon (Charlotte New York time) on the date specified in Section 2.6(b) 1.01(d)), each Lender Bank will make available its pro rata portion of each such Bor- rowing requested to be made on such date (or in the case of Swingline Loans, BTCo shall make available the full amount thereof). All such amounts shall be made available in Dollars and in immediately available funds at the Payment Office of the Administrative Agent, and the Administrative Agent will make available to the Administrative Agent, for Borrowers at the account Payment Office the aggregate of the Borroweramounts so made available by the Banks (prior to 1:00 P.M. (New York time)) on such day, at to the office extent of funds actually received by the Administrative Agent in funds immediately prior to 12:00 Noon (New York time) on such day). Unless the Administrative Agent shall have been notified by any Bank prior to the date of Borrowing that such Bank does not intend to make available to the Administrative Agent, Agent such LenderBank's Commitment Percentage portion of Mandatory Borrowings any Borrowing to be made on such borrowing date. The Borrower hereby irrevocably authorizes , the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately may assume that such Bank has made such amount available funds by crediting or wiring such proceeds to the deposit account Administrative Agent on such date of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower Borrowing and the Administrative Agent from time to time ormay, in the case of Mandatory Borrowingsreliance upon such assumption, in the manner specified in Section 2.6(b)(i). Subject to Section 4.7 hereof, the Administrative Agent shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 make available to the extent that the Swingline Lender has Borrowers a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent by such Bank, the Administrative Agent shall be entitled to recover such corresponding amount on demand from such Bank. If such Bank does not pay such corresponding amount forthwith upon the Administrative Agent's demand therefor, the Administrative Agent shall promptly notify the Borrowers to immediately pay such corresponding amount to the Administrative Agent. The Administrative Agent shall also be entitled to recover on demand from such Bank or the Borrowers, as the case may be, interest on such corresponding amount in respect of each day from the date such Swingline Loan. 27corresponding amount was made available by the Administrative Agent to the Borrowers until the date such corresponding amount is recovered by the Administrative
Appears in 1 contract
Samples: Credit Agreement (Furniture Brands International Inc)
Disbursement of Funds. (a) Not later than 2:00 p.m. 1:00 P.M. (Charlotte New --------------------- York time) on the proposed borrowing date, the Swingline Lender will make available to the Administrative Agent, for the account date specified in each Notice of the Borrower, at the office of the Administrative Agent Borrowing (or (x) in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory BorrowingsSwingline Loans, no not later than 2:00 p.m. 3:00 P.M. (Charlotte New York time) on the date specified in Section 2.6(b1.03(b)(i) each Lender will make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, such Lender's Commitment Percentage of Mandatory Borrowings to be made on such borrowing date. The Borrower hereby irrevocably authorizes the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately available funds by crediting or wiring such proceeds to the deposit account of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower and the Administrative Agent from time to time or, (y) in the case of Mandatory Borrowings, not later than 12:00 Noon (New York time) on the date specified in Section 1.01(c)), each Bank will make available its pro rata share --- ---- (determined in accordance with Section 1.07), of each Borrowing requested to be made on such date (or in the case of Swingline Loans, BTCo shall make available the full amount thereof) in the manner specified in Section 2.6(b)(i)provided below. Subject to Section 4.7 hereof, the Administrative Agent All amounts shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 to the extent that the Swingline Lender has not made available to the Administrative Agent in U.S. Dollars and in immediately available funds at the Payment Office and the Administrative Agent promptly will make available to the Borrower (or BTCo in the case of a Mandatory Borrowing) by depositing to its account at the Payment Office the aggregate of the amounts so made available. Unless the Administrative Agent shall have been notified by any Bank prior to the date of Borrowing that such Bank does not intend to make available to the Administrative Agent its portion of the Borrowing or Borrowings to be made on such date, the Administrative Agent may assume that such Bank has made such amount available to the Administrative Agent on such date of Borrowing, and the Administrative Agent, in reliance upon such Swingline Loanassumption, may (in its sole discretion and without any obligation to do so) make available to the Borrower a corresponding amount. 27If such corresponding amount is not in fact made available to the Administrative Agent by such Bank and the Administrative Agent has made available same to the Borrower, the Administrative Agent shall be entitled to recover such corresponding amount on demand from such Bank. If such Bank does not pay such corresponding amount forthwith upon the Administrative Agent's demand therefor, the Administrative Agent shall promptly notify the Borrower, and the Borrower shall immediately pay such corresponding amount to the Administrative Agent. The Administrative Agent shall also be entitled to recover on demand from such Bank or the Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such corresponding amount was made available by the Administrative Agent to the Borrower to the date such corresponding amount is recovered by the Administrative Agent, at a rate per annum equal to (x) if paid by such Bank, the overnight Federal Funds Rate or (y) if paid by the Borrower, the then applicable rate of interest, calculated in accordance with Section 1.08.
(b) Nothing in this Agreement shall be deemed to relieve any Bank from its obligation to fulfill its commitments hereunder or to prejudice any rights which the Borrower may have against any Bank as a result of any default by such Bank hereunder.
Appears in 1 contract
Samples: Credit Agreement (NRT Inc)
Disbursement of Funds. (a) Not later than 2:00 p.m. 1:00 P.M. (Charlotte New York time) on the proposed borrowing date, the Swingline Lender will make available to the Administrative Agent, for the account date specified in each Notice of the Borrower, at the office of the Administrative Agent Borrowing (or (x) in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory BorrowingsSwingline Loans, no not later than 2:00 p.m. P.M. (Charlotte New York time) on the date specified in Section 2.6(b1.03(b)(i) each Lender will make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, such Lender's Commitment Percentage of Mandatory Borrowings to be made on such borrowing date. The Borrower hereby irrevocably authorizes the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately available funds by crediting or wiring such proceeds to the deposit account of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower and the Administrative Agent from time to time or, (y) in the case of Mandatory Borrowings, not later than 12:00 Noon (New York time) on the date specified in Section 1.01(C)), each Bank with a Commitment under the respective Facility will make available its PRO RATA share, if any, of each Borrowing requested to be made on such date (or in the case of Swingline Loans, Chase shall make available the full amount thereof) in the manner specified in Section 2.6(b)(i)provided below. Subject to Section 4.7 hereof, the Administrative Agent All amounts shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 to the extent that the Swingline Lender has not made available to the Administrative Agent in U.S. dollars and immediately available funds at the Payment Office and the Administrative Agent promptly will make available to the Borrower by depositing to its account at the Payment Office the aggregate of the amounts so made available in the type of funds received. Unless the Administrative Agent shall have been notified by any Bank prior to the date of Borrowing that such Bank does not intend to make available to the Administrative Agent its portion of the Borrowing or Borrowings to be made on such date, the Administrative Agent may assume that such Bank has made such amount available to the Administrative Agent on such date of Borrowing, and the Administrative Agent, in reliance upon such Swingline Loanassumption, may (in its sole discretion and without any obligation to do so) make available to the Borrower a corresponding amount. 27If such corresponding amount is not in fact made available to the Administrative Agent by such Bank and the Administrative Agent has made available same to the Borrower, the Administrative Agent shall be entitled to recover such corresponding amount from such Bank. If such Bank does not pay such corresponding amount forthwith upon the Administrative Agent's demand therefor, the Administrative Agent shall promptly notify the Borrower, and the Borrower shall immediately pay such corresponding amount to the Administrative Agent. The Administrative Agent shall also be entitled to recover from the Bank or the Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such corresponding amount was made available by the Administrative Agent to the Borrower to the date such corresponding amount is recovered by the Administrative Agent, at a rate per annum equal to (x) if paid by such Bank, the overnight Federal Funds rate or (y) if paid by the Borrower, the then applicable rate of interest, calculated in accordance with Section 1.08, for the respective Loans.
(b) Nothing herein shall be deemed to relieve any Bank from its obligation to fulfill its commitments hereunder or to prejudice any rights which the Borrower may have against any Bank as a result of any default by such Bank hereunder.
Appears in 1 contract
Disbursement of Funds. Not No later than 2:00 p.m. 11:00 A.M. (Charlotte Chicago time) on the proposed borrowing datedate specified in each Notice of Borrowing (or (x) in the case of Swingline Loans, no later than 2:00 P.M. (Chicago time) on the Swingline Lender will make available date specified pursuant to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent Section 2.03(b)(i) or (y) in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory Borrowings, no later than 2:00 p.m. 12:00 Noon (Charlotte Chicago time) on the date specified in Section 2.6(b) 2.01(e)), each Lender with a Commitment of the respective Tranche will make available its pro rata portion (determined in accordance with Section 2.07) of each such Borrowing requested to be made on such date (or in the case of Swingline Loans, the Swingline Lender will make available the full amount thereof). All such amounts will be made available in Dollars and in immediately available funds at the Payment Office, and the Administrative Agent will, except in the case of Revolving Loans made pursuant to a Mandatory Borrowing, make available to the Borrower at the Payment Office the aggregate of the amounts so made available by the Lenders. Unless the Administrative Agent shall have been notified by any Lender prior to the date of Borrowing that such Lender does not intend to make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, such Lender's Commitment Percentage portion of Mandatory Borrowings any Borrowing to be made on such borrowing date. The Borrower hereby irrevocably authorizes , the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately may assume that such Lender has made such amount available funds by crediting or wiring such proceeds to the deposit account Administrative Agent on such date of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower Borrowing and the Administrative Agent from time to time or, in the case of Mandatory Borrowings, in the manner specified in Section 2.6(b)(i). Subject to Section 4.7 hereof, the Administrative Agent may (but shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 to), in reliance upon such assumption, make available to the extent that the Swingline Lender has Borrower a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent by such Lender, the Administrative Agent shall be entitled to recover such corresponding amount on demand from such Lender. If such Lender does not pay such corresponding amount forthwith upon the Administrative Agent's demand therefor, the Administrative Agent shall promptly notify the Borrower and the Borrower shall immediately pay such corresponding amount to the Administrative Agent. The Administrative Agent also shall be entitled to recover on demand from such Lender or the Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such Swingline Loancorresponding amount was made available by the Administrative Agent to the Borrower until the date such corresponding amount is recovered by the Administrative Agent, at a rate per annum equal to (i) if recovered from such Lender, the overnight Federal Funds Rate for the first three days and at the interest rate otherwise applicable to such Loans for each day thereafter and (ii) if recovered from the Borrower, the rate of interest applicable to the respective Borrowing, as determined pursuant to Section 2.08. 27Nothing in this Section 2.04 shall be deemed to relieve any Lender from its obligation to make Loans hereunder or to prejudice any rights which the Borrower may have against any Lender as a result of any failure by such Lender to make Loans hereunder.
Appears in 1 contract
Samples: Credit Agreement (Infousa Inc)
Disbursement of Funds. Not (a) Each Lender shall make the amount of its Term Loan available to the Administrative Agent in immediately available funds at the Administrative Agent’s Office not later than 2:00 1:00 p.m. (Charlotte Central time) on the proposed borrowing dateBusiness Day specified in the applicable Notice of Borrowing. Upon satisfaction of the applicable conditions set forth in Article VI and Article VII, the Swingline Administrative Agent shall make all funds so received available to the Borrower in like funds as received by the Administrative Agent either by (1) crediting the account of the Borrower on the books of JPMorgan with the amount of such funds or (2) wire transfer of such funds, in each case in accordance with instructions provided to (and reasonably acceptable to) the Administrative Agent by the Borrower.
(b) Unless the Administrative Agent shall have received notice from a Lender prior to the proposed date of any Borrowing of LIBOR Loans (or, in the case of any Borrowing of ABR Loans, prior to 12:00 noon (Central time) on the date of such Borrowing) that such Lender will not make available to the Administrative Agent such Lender’s share of such Borrowing, the Administrative Agent may assume that such Lender has made such share available on such date in accordance with Section 2.04 (or, in the case of a Borrowing of ABR Loans, that such Lender has made such share available in accordance with and at the time required by Section 2.04) and may, in reliance upon such assumption, make available to the Borrower a corresponding amount. In such event, if a Lender has not in fact made its share of the applicable Borrowing available to the Administrative Agent, for then the account of applicable Lender and the Borrower, at the office of Borrower severally agree to pay to the Administrative Agent forthwith on demand such corresponding amount in funds immediately available funds with interest thereon, for each day from and including the date such amount is made available to the Borrower to but excluding the date of payment to the Administrative Agent, at (i) in the case of a payment to be made by such Lender, the greater of the Federal Funds Rate and a rate reasonably determined by the Administrative Agent in accordance with banking industry rules on interbank compensation, plus any reasonable administrative, processing or similar fees customarily charged by the Administrative Agent in connection with the foregoing, and (ii) in the case of a payment to be made by the Borrower, the interest rate applicable to ABR Loans. If the Borrower and such Lender shall pay such interest to the Administrative Agent for the same or an overlapping period, the Administrative Agent shall promptly remit to the Borrower the amount of such interest paid by the Swingline Loan to be made on Borrower for such borrowing dateperiod. In If such Lender pays its share of the case of Mandatory Borrowings, no later than 2:00 p.m. (Charlotte time) on the date specified in Section 2.6(b) each Lender will make available applicable Borrowing to the Administrative Agent, for then the account of amount so paid shall constitute such Lender’s Loan included in such Borrowing. Any payment by the Borrower, at Borrower shall be without prejudice to any claim the office Borrower may have against a Lender that shall have failed to make such payment to the Administrative Agent. A notice of the Administrative Agent in funds immediately to any Lender or the Borrower with respect to any amount owing under this Section 2.04 shall be conclusive, absent manifest error.
(c) If any Lender makes available to the Administrative Agent, such Lender's Commitment Percentage of Mandatory Borrowings Agent funds for any Loan to be made on by such borrowing date. The Lender as provided in the foregoing provisions of this Article II, and such funds are not made available to the Borrower hereby irrevocably authorizes by the Administrative Agent to disburse because the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately available funds by crediting or wiring such proceeds conditions to the deposit account of Borrowing set forth in Article VI are not satisfied or waived in accordance with the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower and the Administrative Agent from time to time or, in the case of Mandatory Borrowings, in the manner specified in Section 2.6(b)(i). Subject to Section 4.7 terms hereof, the Administrative Agent shall return such funds (in like funds as received from such Lender) to such Lender on demand, without interest.
(d) The obligations of the Lenders hereunder to make Term Loans and to make payments pursuant to Section 13.07 are several and not be obligated to disburse the proceeds joint. The failure of any Swingline Lender to make any Loan requested pursuant or to this fund any such participation or to make any payment under Section 2.6 13.07 on any date required hereunder shall not relieve any other Lender of its corresponding obligation to do so on such date, and no Lender shall be responsible for the extent failure of any other Lender to so make its Loan or, to purchase its participation or to make its payment under Section 13.07.
(e) Nothing herein shall be deemed to obligate any Lender to obtain the funds for any Loan in any particular place or manner or to constitute a representation by any Lender that it has obtained or will obtain the Swingline Lender has not made available to the Administrative Agent the amount of such Swingline Loan. 27funds for any Loan in any particular place or manner.
Appears in 1 contract
Disbursement of Funds. Not (a) No later than 2:00 p.m. 1:00 P.M. (Charlotte time) on the proposed borrowing date, the Swingline Lender will make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory Borrowings, no later than 2:00 p.m. (Charlotte New York time) on the date specified in Section 2.6(b) each Lender Notice of Borrowing, each Bank will make available to the Administrative AgentAgent in New York, for N.Y. its pro rata portion of each Borrowing requested to be made on such date in the manner provided below.
(b) Each Bank shall make available all amounts it is to fund under any Borrowing on or after the Closing Date in immediately available funds to the Agent to the account of specified therefor by the Borrower, Agent or if no account is so specified at the office of Agent's Office and the Administrative Agent in will make such funds immediately available to the Administrative Borrower by depositing to the account specified therefor by the Borrower or if no account is so specified to its account at the Agent, 's Office the aggregate of the amounts so made available in the type of funds received. Unless the Agent shall have been notified by any Bank prior to the date of any such Lender's Commitment Percentage Borrowing that such Bank does not intend to make available to the Agent its portion of Mandatory the Borrowing or Borrowings to be made on such borrowing date. The Borrower hereby irrevocably authorizes , the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately may assume that such Bank has made such amount available funds by crediting or wiring such proceeds to the deposit account Agent on such date of Borrowing, and the Agent, in reliance upon such assumption, may (in its sole discretion and without any obligation to do so) make available to the Borrower identified a corresponding amount. If such corresponding amount is not in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower and the Administrative Agent from time to time or, in the case of Mandatory Borrowings, in the manner specified in Section 2.6(b)(i). Subject to Section 4.7 hereof, the Administrative Agent shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 to the extent that the Swingline Lender has not fact made available to the Administrative Agent by such Bank and the Agent has made available same to the Borrower, the Agent shall be entitled to recover such corresponding amount of from such Swingline LoanBank. 27If such Bank does not pay such corresponding amount forthwith upon the Agent's demand therefor, the Agent shall promptly notify the Borrower, and the Borrower shall immediately pay such corresponding amount to the
Appears in 1 contract
Disbursement of Funds. Not (a) No later than 2:00 p.m. Noon (Charlotte time) on the proposed borrowing date, the Swingline Lender will make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory Borrowings, no later than 2:00 p.m. (Charlotte New York City time) on the date specified for each Borrowing of Revolving Loans or Competitive Bid Loans and (ii) 2:00 p.m. (New York City time) on the date specified for each Borrowing of Swing Line Loans, each Bank required to participate therein will, subject to the terms and conditions of this Agreement, make available its Pro Rata Share, in the case of a Borrowing of Revolving Loans, its share as specified in Section 2.6(b2.3(d), or its Swing Line Percentage, in the case of a Borrowing of Swing Line Loans, of the Loans requested to be made on such date in Dollars and immediately available funds at the Payment Office by such Bank; provided that in the case of a Borrowing of Swing Line Loans no Bank shall have delivered a notice to each Swing Line Lender (with a copy to the Administrative Agent) each Lender to the effect that one or more of the applicable conditions set forth in Section 6 are not then satisfied. After the Administrative Agent's receipt of the proceeds of such Loans in immediately available funds, the Administrative Agent will make available to the Administrative Agent, for Borrower by depositing in the Borrower's account at the Payment Office the aggregate of the Borroweramounts so made available by the Banks in immediately available funds. In the event that the Loans made by a Bank mature or are being prepaid on the date of a requested Borrowing, at such Bank shall apply the office proceeds of the Loans, if any, it is then making to the extent thereof, to the repayment of such maturing or prepaid Loans, such Loans and prepayments intended to be a contemporaneous exchange.
(b) Unless the Administrative Agent in funds immediately shall have been notified by any Bank prior to the date of a Borrowing that such Bank does not intend to make available to the Administrative Agent, Agent such LenderBank's Commitment Percentage portion of Mandatory Borrowings the Loans to be made on such borrowing date, the Administrative Agent may assume that such Bank has made such amount available to the Administrative Agent on such date and the Administrative Agent may, in its sole discretion and in reliance upon such assumption, but shall not be obligated to, make available to the Borrower a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent by such Bank on the date of Borrowing, the Administrative Agent shall be entitled to recover such corresponding amount on demand from such Bank. If such Bank does not pay such corresponding amount forthwith upon the Administrative Agent's demand therefor, the Administrative Agent shall promptly notify the Borrower, and the Borrower shall pay such corresponding amount (to the extent such amount is not collected from such Bank) to the Administrative Agent promptly, and in any event no later than the next succeeding Business Day. The Borrower hereby irrevocably authorizes Administrative Agent shall also be entitled to recover from such Bank or the Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such corresponding amount was made available by the Administrative Agent to disburse the proceeds Borrower at a rate per annum equal to the interbank compensation rate set by the Administrative Agent or its actual cost of each borrowing funds, whichever is higher. Nothing herein shall be deemed to relieve any Bank from its obligation to fulfill its commitments hereunder or to prejudice any rights which the Borrower may have against any Bank as a result of any default by such Bank hereunder.
(c) In the event that a Borrowing of Revolving Loans or Swing Line Loans is requested to be made pursuant to this Section 2.6 Agreement, if, after giving effect thereto and the use of proceeds thereof, the sum of (x) the outstanding principal amount of Revolving Loans and Competitive Bid Loans made by such Bank at such time plus (y) the amount of the Letter of Credit Exposure of such Bank at such time plus (z) the amount of the Swing Line Exposure of such Bank at such time, would exceed such Bank's Commitment, such Bank shall, immediately upon but in immediately available funds by crediting any event within one Business Day of receipt of a Notice of Borrowing or wiring Notice of Swing Line Borrowing, notify the Administrative Agent, the Borrower, and, in the case of a Borrowing of Swing Line Loans, each Swing Line Lender of the amount of such proceeds excess, and such Bank shall not be obligated to make Loans pursuant to such Borrowing to the deposit account extent of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower and the Administrative Agent from time to time such excess, or, in the case of Mandatory Borrowingsa Borrowing of Swing Line Loans, in the manner specified in Section 2.6(b)(i). Subject to Section 4.7 hereof, the Administrative Agent each Swing Line Lender shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 make Swing Line Loans to the extent that the Swingline Lender has not made available to the Administrative Agent the amount of its Swing Line Percentage of such Swingline Loan. 27excess.
Appears in 1 contract
Samples: Credit Agreement (Eastman Kodak Co)
Disbursement of Funds. Not No later than 2:00 p.m. 12:00 Noon (Charlotte time) on the proposed borrowing date, the Swingline Lender will make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory Borrowings, no later than 2:00 p.m. (Charlotte New York time) on the date specified in each Notice of Borrowing, each Bank with a Commitment of the respective Tranche will make available its pro rata portion (determined in accordance with Section 2.6(b1.07) of each Lender such Borrowing requested to be made on such date. All such amounts shall be made available in Dollars and in immediately available funds at the Payment Office, and the Agent will make available to the Administrative Agent, for Borrower at the account Payment Office the aggregate of the Borrower, at amounts so made available by the office Banks. Unless the Agent shall have been notified in writing by any Bank prior to the date of the Administrative Agent in funds immediately Borrowing that such Bank does not intend to make available to the Administrative Agent, Agent such LenderBank's Commitment Percentage portion of Mandatory Borrowings any Borrowing to be made on such borrowing date. The Borrower hereby irrevocably authorizes , the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately may assume that such Bank has made such amount available funds by crediting or wiring such proceeds to the deposit account Agent on such date of Borrowing and the Agent may, in reliance upon such assumption, make available to the Borrower identified a corresponding amount. If such corresponding amount is not in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower and the Administrative Agent from time to time or, in the case of Mandatory Borrowings, in the manner specified in Section 2.6(b)(i). Subject to Section 4.7 hereof, the Administrative Agent shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 to the extent that the Swingline Lender has not fact made available to the Administrative Agent by such Bank, the Agent shall be entitled to recover such corresponding amount on demand from such Bank. If such Bank does not pay such corresponding amount forthwith upon the Agent's demand therefor, the Agent shall promptly notify the Borrower, and the Borrower shall immediately pay such corresponding amount to the Agent. The Agent shall also be entitled to recover on demand from such Bank or the Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such Swingline Loan. 27corresponding amount was made available by the Agent to the Borrower, until the date such corresponding amount is recovered by the Agent, at a rate per annum equal to (i) if recovered from such Bank, the cost to the Agent of acquiring overnight federal funds and (ii) if recovered from the Borrower, the rate of interest applicable to the respective Borrowing, as determined pursuant to Section 1.
Appears in 1 contract
Samples: Credit Agreement (Moovies Inc)
Disbursement of Funds. Not No later than 2:00 p.m. 12:00 Noon (Charlotte New York time) on the proposed borrowing date, the Swingline Lender will make available to the Administrative Agent, for the account date specified in each Notice of the Borrower, at the office of the Administrative Agent Borrowing or (x) in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory BorrowingsSwingline Loans, no not later than 2:00 p.m. P.M. (Charlotte New York time) on the date specified in Section 2.6(b1.03(b)(i) each Lender will make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, such Lender's Commitment Percentage of Mandatory Borrowings to be made on such borrowing date. The Borrower hereby irrevocably authorizes the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately available funds by crediting or wiring such proceeds to the deposit account of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower and the Administrative Agent from time to time or, (y) in the case of Mandatory Borrowings, in not later than 12:00 Noon (New York time) on the manner date specified in Section 2.6(b)(i1.01(c), each Bank with a Commitment of the respective Tranche will make available its pro rata portion of each Borrowing of Loans requested to be made on such date, in immediately available funds at the Payment Office of the Administrative Agent. Subject The Administrative Agent will make available to Section 4.7 hereofthe Borrower at the Payment Office in immediately available funds, the aggregate of the amounts so made available by the Banks prior to 1:00 P.M. (New York time) on such day, to the extent of funds actually received by the Administrative Agent. Unless the Administrative Agent shall have been notified by any Bank prior to the date of Borrowing that such Bank does not intend to make available to the Administrative Agent such Bank’s portion of any Borrowing to be made on such date, the Administrative Agent shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 may assume that such Bank has made such amount available to the extent that Administrative Agent on such date of Borrowing and the Swingline Lender has Administrative Agent may, in reliance upon such assumption, make available to the Borrower a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent by such Bank, the Administrative Agent shall be entitled to recover such corresponding amount on demand from such Bank. If such Bank does not pay such corresponding amount forthwith upon the Administrative Agent’s demand therefor, the Administrative Agent shall promptly notify the Borrower and the Borrower shall immediately pay such corresponding amount to the Administrative Agent. The Administrative Agent shall also be entitled to recover on demand from such Bank or the Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such Swingline Loancorresponding amount was made available by the Administrative Agent to the Borrower until the date such corresponding amount is recovered by the Administrative Agent, at a rate per annum equal to (i) if recovered from such Bank, the overnight Federal Funds Rate and (ii) if recovered from the Borrower, the rate of interest applicable to the respective Borrowing, as determined pursuant to Section 1.08. 27Nothing in this Section 1.04 shall be deemed to relieve any Bank from its obligation to make Loans hereunder or to prejudice any rights which the Borrower may have against any Bank as a result of any failure by such Bank to make Loans hereunder.
Appears in 1 contract
Disbursement of Funds. Not No later than 2:00 p.m. 12:00 Noon (Charlotte time) on the proposed borrowing date, the Swingline Lender will make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory Borrowings, no later than 2:00 p.m. (Charlotte New York time) on the date specified in Section 2.6(b) each Lender Notice of Borrowing, each Bank will make available its PRO RATA portion of each Borrowing requested to be made on such date. All such amounts shall be made available in Dollars and in immediately available funds at the Payment Office of the Agent, and the Agent will make available to the Administrative Agent, for Borrower at the account Payment Office the aggregate of the Borrower, at amounts so made available by the office Banks. Unless the Agent shall have been notified by any Bank prior to the date of the Administrative Agent in funds immediately Borrowing that such Bank does not intend to make available to the Administrative Agent, Agent such LenderBank's Commitment Percentage portion of Mandatory Borrowings any Borrowing to be made on such borrowing date. The Borrower hereby irrevocably authorizes , the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately may assume that such Bank has made such amount available funds by crediting or wiring such proceeds to the deposit account Agent on such date of Borrowing and the Agent may, in reliance upon such assumption, make available to the Borrower identified a corresponding amount. If such corresponding amount is not in fact made available to the most recent Notice of Account Designation or as may Agent by such Bank, the Agent shall be otherwise agreed entitled to recover such corresponding amount on demand from such Bank. If such Bank does not pay such corresponding amount forthwith upon by the Agent's demand therefor, the Agent shall promptly notify the Borrower and the Administrative Borrower shall immediately pay such corresponding amount to the Agent. The Agent shall also be entitled to recover on demand from time to time orsuch Bank or the Borrower, in as the case may be, interest on such corresponding amount in respect of Mandatory Borrowingseach day from the date such corresponding amount was made available by the Agent to the Borrower until the date such corresponding amount is recovered by the Agent, in at a rate per annum equal to (i) if recovered from such Bank, the manner specified in Section 2.6(b)(i). Subject overnight Federal Funds Rate and (ii) if recovered from the Borrower, the rate of interest applicable to the respective Borrowing, as determined pursuant to Section 4.7 hereof, the Administrative Agent shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 to the extent that the Swingline Lender has not made available to the Administrative Agent the amount of such Swingline Loan. 271.
Appears in 1 contract
Disbursement of Funds. Not No later than 2:00 p.m. 12:00 Noon (Charlotte time) on the proposed borrowing date, the Swingline Lender will make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory Borrowings, no later than 2:00 p.m. (Charlotte New York time) on the date specified in any relevant Notice of Borrowing, each Bank will make available its pro rata portion (determined in accordance with Section 2.6(b1.07) of each Lender such Borrowing requested to be made on such date. All such amounts will be made available in Dollars and in immediately available funds at the Payment Office of the Administrative Agent, and the Administrative Agent will make available to the Administrative Agent, for Borrower at the account Payment Office the aggregate of the Borrower, at amounts so made available by the office of Banks. Unless the Administrative Agent in funds immediately shall have been notified by any Bank prior to the date of Borrowing that such Bank does not intend to make available to the Administrative Agent, Agent such LenderBank's Commitment Percentage portion of Mandatory Borrowings any Borrowing to be made on such borrowing date. The Borrower hereby irrevocably authorizes , the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately may assume that such Bank has made such amount available funds by crediting or wiring such proceeds to the deposit account Administrative Agent on such date of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower Borrowing and the Administrative Agent from time to time or, in the case of Mandatory Borrowings, in the manner specified in Section 2.6(b)(i). Subject to Section 4.7 hereof, the Administrative Agent may (but shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 to), in reliance upon such assumption, make available to the extent that the Swingline Lender has Borrower a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent by such Bank, the Administrative Agent shall be entitled to recover such corresponding amount on demand from such Bank. If such Bank does not pay such corresponding amount forthwith upon the Administrative Agent's demand therefor, the Administrative Agent shall promptly notify the Borrower and the Borrower shall immediately pay such corresponding amount to the Administrative Agent. The Administrative Agent also shall be entitled to recover on demand from such Bank or the Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such Swingline Loan. 27corresponding amount was made available by the Administrative Agent to the Borrower until the date such corresponding amount is recovered by the Administrative Agent, at a rate per annum equal to (i) if recovered from such Bank, at the overnight Federal Funds Rate and (ii) if recovered from the Borrower, the rate of interest applicable to the respective Borrowing, as determined pursuant to Sec-
Appears in 1 contract
Disbursement of Funds. Not (a) No later than 2:00 p.m. 1:00 P.M. (Charlotte New York time) on the proposed borrowing date, the Swingline Lender will make available to the Administrative Agent, for the account date specified in each Notice of the Borrower, at the office of the Administrative Agent Borrowing (or (x) in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory BorrowingsSwingline Loans, no not later than 2:00 p.m. 4:00 P.M. (Charlotte New York time) on the date specified in Section 2.6(b1.03(b)(i) each Lender will make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, such Lender's Commitment Percentage of Mandatory Borrowings to be made on such borrowing date. The Borrower hereby irrevocably authorizes the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately available funds by crediting or wiring such proceeds to the deposit account of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower and the Administrative Agent from time to time or, (y) in the case of Mandatory Borrowings, not later than 1:00 P.M. (New York time) on the date specified in Section 1.01(c)), each Bank will make available its pro rata share of each Borrowing requested to be made on such date (or in the case of Swingline Loans, the Swingline Bank shall make available the full amount thereof) in the manner specified in Section 2.6(b)(i)provided below. Subject to Section 4.7 hereof, the Administrative Agent All amounts shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 to the extent that the Swingline Lender has not made available to the Administrative Agent in U.S. Dollars and immediately available funds at the Payment Office and the Administrative Agent promptly will make available to the Borrower by depositing to its account at the Payment Office the aggregate of the amounts so made available in the type of funds received. Unless the Administrative Agent shall have been notified by any Bank prior to the date of Borrowing that such Bank does not intend to make available to the Administrative Agent its portion of the Borrowing or Borrowings to be made on such date, the Administrative Agent may assume that such Bank has made such amount available to the Administrative Agent on such date of Borrowing, and the Administrative Agent, in reliance upon such Swingline Loanassumption, may (in its sole discretion and without any obligation to do so) make available to the Borrower a corresponding amount. 27If such corresponding amount is not in fact made available to the Administrative Agent by such Bank and the Administrative Agent has made available same to the Borrower, the Administrative Agent shall be entitled to recover such corresponding amount from such Bank. If such Bank does not pay such corresponding amount forthwith upon the Administrative Agent’s demand therefor, the Administrative Agent shall promptly notify the Borrower, and the Borrower shall immediately pay such corresponding amount to the Administrative Agent. The Administrative Agent shall also be entitled to recover from the Bank or the Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such corresponding amount was made available by the Administrative Agent to the Borrower to the date such corresponding amount is recovered by the Administrative Agent, at a rate per annum equal to (i) if paid by such Bank, the overnight Federal Funds rate or (ii) if paid by the Borrower, the then applicable rate of interest, calculated in accordance with Section 1.08, for the respective Loans.
(b) Nothing herein shall be deemed to relieve any Bank from its obligation to fulfill its commitments hereunder or to prejudice any rights which the Borrower may have against any Bank as a result of any default by such Bank hereunder.
Appears in 1 contract
Samples: Credit Agreement (Nutraceutical International Corp)
Disbursement of Funds. Not Except as otherwise specifically provided in the immediately succeeding sentence, no later than 2:00 p.m. 12:00 P.M. (Charlotte New York time) on the proposed borrowing datedate specified in each Notice of Borrowing (or (x) in the case of Swingline Loans, not later than 1:00 P.M. (New York time) on the Swingline Lender will make available date specified pursuant to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent Section 1.03(b)(i) or (y) in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory Borrowings, no not later than 2:00 p.m. 12:00 P.M. (Charlotte New York time) on the date specified in Section 2.6(b) 1.01(e)), each Lender with a Commitment of the respective Tranche will make available its pro rata portion of each such Borrowing requested to be made on such date (or in the case of Swingline Loans, the Swingline Lender shall make available the full amount thereof). All such amounts shall be made available in Dollars and in immediately available funds at the Payment Office of the Administrative Agent, and the Administrative Agent will make available to the Administrative Agent, for Borrower at the account Payment Office the aggregate of the Borroweramounts so made available by the Lenders (for Loans other than Swingline Loans, at prior to 1:00 P.M. (New York time) on such day, to the office extent of funds actually received by the Administrative Agent in funds immediately prior to 12:00 P.M. (New York time) on such day). Unless the Administrative Agent shall have been notified by any Lender prior to the date of Borrowing that such Lender does not intend to make available to the Administrative Agent, Agent such Lender's Commitment Percentage portion of Mandatory Borrowings any Borrowing to be made on such borrowing date. The Borrower hereby irrevocably authorizes , the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately may assume that such Lender has made such amount available funds by crediting or wiring such proceeds to the deposit account Administrative Agent on such date of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower Borrowing and the Administrative Agent from time to time ormay, in the case of Mandatory Borrowingsreliance upon such assumption, in the manner specified in Section 2.6(b)(i). Subject to Section 4.7 hereof, the Administrative Agent shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 make available to the extent that the Swingline Lender has Borrower a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent by such Lender, the Administrative Agent shall be entitled to recover such corresponding amount of on demand from such Swingline LoanLender. 27If such Lender does not pay such corresponding amount forthwith upon the Administrative Agent's demand therefor, the Administrative Agent shall promptly notify the Borrower and the Borrower shall immediately pay such corresponding
Appears in 1 contract
Disbursement of Funds. Not No later than 2:00 p.m. 1:00 P.M. (Charlotte time) on the proposed borrowing date, the Swingline Lender will make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory Borrowings, no later than 2:00 p.m. (Charlotte New York time) on the date specified in Section 2.6(b) each Lender Notice of Borrowing, each Bank will make available its Pro Rata Share of each Borrowing requested to be made on such date in the manner provided below. All such amounts shall be made available to the Administrative Agent in U.S. Dollars and immediately available funds at the Payment Office and the Administrative Agent promptly will make available to the Administrative Agent, for Company by depositing to its account at the account Payment Office the aggregate of the Borrower, at amounts so made available in the office type of funds received. Unless the Administrative Agent in funds immediately shall have been notified by any Bank prior to the date of Borrowing that such Bank does not intend to make available to the Administrative Agent, such Lender's Commitment Percentage Agent its portion of Mandatory the Borrowing or Borrowings to be made on such borrowing date. The Borrower hereby irrevocably authorizes the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately available funds by crediting or wiring such proceeds to the deposit account of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower and the Administrative Agent from time to time or, in the case of Mandatory Borrowings, in the manner specified in Section 2.6(b)(i). Subject to Section 4.7 hereof, the Administrative Agent shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 may assume that such Bank has made such amount available to the extent that Administrative Agent on such date of Borrowing, and the Swingline Lender has Administrative Agent, in reliance upon such assumption, may (in its sole discretion and without any obligation to do so) make available to the Company a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent by such Bank and the Administrative Agent has made available same to the Company, the Administrative Agent shall be entitled to recover such corresponding amount from such Bank. If such Bank does not pay such corresponding amount forthwith upon the Administrative Agent's demand therefor, the Administrative Agent shall promptly notify the Company, and the Company shall immediately pay such corresponding amount to the Administrative Agent. The Administrative Agent shall also be entitled to recover from the Bank or the Company, as the case may be, interest on such corresponding amount in respect of each day from the date such Swingline Loancorresponding amount was made available by the Administrative Agent to the Company to the date such corresponding amount is recovered by the Administrative Agent, at a rate per annum equal to (x) if paid by such Bank, the overnight Federal Funds rate or (y) if paid by the Company, the then applicable rate of interest, calculated in accordance with Section 1.08, for the Revolving Loans. 27Nothing herein shall be deemed to relieve any Bank from its obligation to fulfill its commitments hereunder or to prejudice any rights which the Company may have against any Bank as a result of any failure by such Bank to make Revolving Loans hereunder.
Appears in 1 contract
Disbursement of Funds. Not No later than 2:00 p.m. 1:00 P.M. (Charlotte Local time) on the proposed borrowing date, the Swingline Lender will make available to the Administrative Agent, for the account date specified in each Notice of the Borrower, at the office of the Administrative Agent Borrowing or (x) in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory BorrowingsSwingline Loans, no not later than 2:00 p.m. 3:00 P.M. (Charlotte New York time) on the date specified in Section 2.6(b1.03(b)(i) each Lender will make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, such Lender's Commitment Percentage of Mandatory Borrowings to be made on such borrowing date. The Borrower hereby irrevocably authorizes the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately available funds by crediting or wiring such proceeds to the deposit account of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower and the Administrative Agent from time to time or, (y) in the case of Mandatory Borrowings, in not later than 1:00 P.M. (New York time) on the manner date specified in Section 2.6(b)(i1.01(h), each Bank with a Commitment under the respective Tranche will make available its pro rata portion of each Borrowing of Loans requested to be made on such date (or, in the case of Swingline Loans, the Swingline Bank shall make available the full amount thereof), in the relevant Approved Currency and in immediately available funds at the Payment Office of the Administrative Agent. Subject The Administrative Agent will make available to Section 4.7 hereofthe applicable Borrower at the Payment Office in the relevant Approved Currency and in immediately available funds, the aggregate of the amounts so made available by the Banks prior to 2:00 P.M. (Local time) on such day, to the extent of funds actually received by the Administrative Agent. Unless the Administrative Agent shall have been notified by any Bank prior to the date of Borrowing that such Bank does not intend to make available to the Administrative Agent such Bank's portion of any Borrowing to be made on such date, the Administrative Agent shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 may assume that such Bank has made such amount available to the extent that Administrative Agent on such date of Borrowing and the Swingline Lender has Administrative Agent may, in reliance upon such assumption, make available to the applicable Borrower a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent by such Bank, the Administrative Agent shall be entitled to recover such corresponding amount on demand from such Bank. If such Bank does not pay such corresponding amount forthwith upon the Administrative Agent's demand therefor, the Administrative Agent shall promptly notify the applicable Borrower and such Borrower shall immediately pay such corresponding amount to the Administrative Agent. The Administrative Agent shall also be entitled to recover on demand from such Bank or such Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such Swingline Loan. 27corresponding amount was made available by the Administrative Agent to such Borrower until the date such corresponding amount is recovered by the Administrative Agent, at a rate per annum equal to (i) if recovered from such Bank, the overnight Federal Funds Rate (or, in the case of Foreign Currency Loans and Dollar Loans incurred by GGH and GWH, the Administrative Agent's customary rate for interbank advances) and (ii) if recovered from such Borrower, the rate of interest applicable to the respective Borrowing, as determined pursuant to Section 1.
Appears in 1 contract
Samples: Credit Agreement (Gleason Corp /De/)
Disbursement of Funds. (a)(i) Not later than 2:00 p.m. 1:00 P.M. (Charlotte Dallas --------------------- time) on the proposed borrowing date, the Swingline Lender will make available date specified in each Notice of Borrowing relating to the Administrative Agent, for the account a Borrowing of the Borrower, at the office of the Administrative Agent US Revolving Loans (or (x) in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory BorrowingsSwingline Loans, no not later than 2:00 p.m. P.M. (Charlotte Dallas time) on the date specified in Section 2.6(b1.03(b)(i) each Lender will make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, such Lender's Commitment Percentage of Mandatory Borrowings to be made on such borrowing date. The Borrower hereby irrevocably authorizes the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately available funds by crediting or wiring such proceeds to the deposit account of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower and the Administrative Agent from time to time or, (y) in the case of Mandatory Borrowings, not later than 12:00 Noon (Dallas time) on the date specified in Section 1.01(C)), each Bank will make available its pro rata share, if any, of each Borrowing requested to be made on --- ---- on such date (or in the case of Swingline Loans, the Swingline Bank shall make available the full amount thereof) in the manner specified in Section 2.6(b)(i)provided below. Subject to Section 4.7 hereof, the Administrative Agent All amounts shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 to the extent that the Swingline Lender has not made available to the Administrative Agent in US dollars in immediately available funds at the Appropriate Payment Office and upon fulfillment of the applicable conditions set forth in Section 5, the Administrative Agent promptly will make available to the requesting Borrower by depositing to its account at such Appropriate Payment Office the aggregate of the amounts so made available in the type of funds received. Unless the Administrative Agent shall have been notified by any Bank prior to the date of Borrowing that such Bank does not intend to make available to the Administrative Agent its portion of the Borrowing or Borrowings to be made on such date, the Administrative Agent may assume that such Bank has made such amount available to the Administrative Agent on such date of Borrowing, and the Administrative Agent, in reliance upon such Swingline Loanassumption, may (in its sole discretion and without any obligation to do so) make available to the requesting Borrower a corresponding amount. 27If such corresponding amount is not in fact made available to the Administrative Agent by such Bank and the Administrative Agent has made available same to the requesting Borrower, the Administrative Agent shall be entitled to recover such corresponding amount from such Bank. If such Bank does not pay such corresponding amount forthwith upon the Administrative Agent's demand therefor, the Administrative Agent shall promptly notify the requesting Borrower, and such Borrower shall immediately pay such corresponding amount to the Administrative Agent. The Administrative Agent shall also be entitled to recover from the Bank or the requesting Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such corresponding amount was made available by the Administrative Agent to such Borrower to the date such corresponding amount is recovered by the Administrative Agent, at a rate per annum equal to (x) if paid by such Bank, the Federal Funds Rate or (y) if paid by a Borrower, the then applicable rate of interest, calculated in accordance with Section 1.08, for the respective Loans.
Appears in 1 contract
Samples: Credit Agreement (Modus Media International Holdings Inc)
Disbursement of Funds. Not later than 2:00 p.m. 12:00 Noon (Charlotte New York --------------------- time) on the proposed borrowing datedate specified in each Notice of Borrowing (or (x) in the case of Swingline Loans, not later than 2:00 P.M. (New York time) on the Swingline Lender will make available date specified pursuant to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent Section 1.03(b)(i) or (y) in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory Borrowings, no not later than 2:00 p.m. 12:00 Noon (Charlotte New York time) on the date specified in Section 2.6(b) 1.01(c)), each Lender Bank with a Revolving Loan Commitment will make available its pro rata --- ---- portion of each such Borrowing requested to be made on such date (or in the case of Swingline Loans, BTCo shall make available the full amount thereof). All such amounts shall be made available in Dollars and in immediately available funds at the Payment Office of the Agent, and the Agent will make available to the Administrative Agent, for Borrower at the account Payment Office the aggregate of the Borroweramounts so made available by the Banks (prior to 1:00 P.M. on such day, at to the office extent of funds actually received by the Administrative Agent in funds immediately prior to 12:00 Noon on such day). Unless the Agent shall have been notified by any Bank prior to the date of Borrowing that such Bank does not intend to make available to the Administrative Agent, Agent such LenderBank's Commitment Percentage portion of Mandatory Borrowings any Borrowing to be made on such borrowing date. The Borrower hereby irrevocably authorizes , the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately may assume that such Bank has made such amount available funds by crediting or wiring such proceeds to the deposit account Agent on such date of Borrowing and the Agent may (but shall not be obligated to), in reliance upon such assumption, make available to the Borrower identified a corresponding amount. If such corresponding amount is not in fact made available to the most recent Notice of Account Designation or as may Agent by such Bank, the Agent shall be otherwise agreed entitled to recover such corresponding amount on demand from such Bank. If such Bank does not pay such corresponding amount forthwith upon by the Agent's demand therefor, the Agent shall promptly notify the Borrower and the Administrative Borrower shall immediately pay such corresponding amount to the Agent. The Agent shall also be entitled to recover on demand from time to time orsuch Bank or the Borrower, in as the case may be, interest on such corresponding amount in respect of Mandatory Borrowingseach day from the date such corresponding amount was made available by the Agent to the Borrower until the date such corresponding amount is recovered by the Agent, in at a rate per annum equal to (i) if recovered from such Bank, at the manner specified in Section 2.6(b)(i). Subject overnight Federal Funds Rate and (ii) if recovered from the Borrower, the rate of interest applicable to the respective Borrowing, as determined pursuant to Section 4.7 hereof, the Administrative Agent shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 to the extent that the Swingline Lender has not made available to the Administrative Agent the amount of such Swingline Loan. 271.
Appears in 1 contract
Samples: Credit Agreement (Autotote Corp)
Disbursement of Funds. Not No later than 2:00 p.m. 1:00 P.M. (Charlotte New York time) on the proposed borrowing datedate specified in each Notice of Borrowing (or (x) in the case of Swingline Loans, no later than 4:00 P.M. (New York time) on the Swingline Lender will make available date specified pursuant to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent Section 2.03(b)(i) or (y) in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory Borrowings, no later than 2:00 p.m. 1:00 P.M. (Charlotte New York time) on the date specified in Section 2.6(b) 2.01(e)), each Lender with a Revolving Loan Commitment will make available its pro rata portion (determined in accordance with Section 2.07) of each such Borrowing requested to be made on such date (or in the case of Swingline Loans, the Swingline Lender will make available the full amount thereof). All such amounts will be made available in Dollars and in immediately available funds at the Payment Office, and the Administrative Agent will, except in the case of Revolving Loans made pursuant to a Mandatory Borrowing, make available to the Borrower at the Payment Office the aggregate of the amounts so made available by the Lenders. Unless the Administrative Agent shall have been notified by any Lender prior to the date of Borrowing that such Lender does not intend to make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, such Lender's Commitment Percentage ’s portion of Mandatory Borrowings any Borrowing to be made on such borrowing date. The Borrower hereby irrevocably authorizes , the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately may assume that such Lender has made such amount available funds by crediting or wiring such proceeds to the deposit account Administrative Agent on such date of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower Borrowing and the Administrative Agent from time to time or, in the case of Mandatory Borrowings, in the manner specified in Section 2.6(b)(i). Subject to Section 4.7 hereof, the Administrative Agent may (but shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 to), in reliance upon such assumption, make available to the extent that the Swingline Lender has Borrower a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent by such Lender, the Administrative Agent shall be entitled to recover such corresponding amount on demand from such Lender. If such Lender does not pay such corresponding amount forthwith upon the Administrative Agent’s demand therefor, the Administrative Agent shall promptly notify the Borrower and the Borrower shall immediately pay such corresponding amount to the Administrative Agent. The Administrative Agent also shall be entitled to recover on demand from such Lender or the Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such Swingline Loancorresponding amount was made available by the Administrative Agent to the Borrower until the date such corresponding amount is recovered by the Administrative Agent, at a rate per annum equal to (i) if recovered from such Lender, the overnight Federal Funds Rate for the first three days and at the interest rate otherwise applicable to such Loans for each day thereafter, and (ii) if recovered from the Borrower, the rate of interest applicable to the respective Borrowing, as determined pursuant to Section 2.08. 27Nothing in this Section 2.04 shall be deemed to relieve any Lender from its obligation to make Loans hereunder or to prejudice any rights which the Borrower may have against any Lender as a result of any failure by such Lender to make Loans hereunder.
Appears in 1 contract
Disbursement of Funds. Not No later than 2:00 p.m. 12:00 Noon (Charlotte New York time) on the proposed borrowing datedate specified in each Notice of Borrowing (or (x) in the case of Swingline Loans, no later than 3:00 P.M. (New York time) on the Swingline Lender will make available date specified pursuant to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent Section 1.03(b)(i) or (y) in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory Borrowings, no later than 2:00 p.m. 1:00 P.M. (Charlotte New York time) on the date specified in Section 2.6(b1.01(c)), each Bank will make available its pro rata portion (determined in accordance with Section 1.07) of each Lender such Borrowing requested to be made on such date (or in the case of Swingline Loans, the Swingline Bank will make available the full amount thereof). All such amounts will be made available in Dollars and in immediately available funds at the Pay- ment Office, and, except for Revolving Loans made pursuant to Section
(a) or pursuant to a Mandatory Borrowing, the Administrative Agent will promptly make available to the Borrower at the Payment Office the aggregate of the amounts so made available by the Banks. Unless the Administrative Agent shall have been notified by any Bank prior to the date of Borrowing that such Bank does not intend to make available to the Administrative Agent, for the account Agent such Bank's portion of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, such Lender's Commitment Percentage of Mandatory Borrowings any Borrowing to be made on such borrowing date. The Borrower hereby irrevocably authorizes , the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately may assume that such Bank has made such amount available funds by crediting or wiring such proceeds to the deposit account Administrative Agent on such date of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower Borrowing and the Administrative Agent from time to time or, in the case of Mandatory Borrowings, in the manner specified in Section 2.6(b)(i). Subject to Section 4.7 hereof, the Administrative Agent may (but shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 to), in reliance upon such assumption, make available to the extent that the Swingline Lender has Borrower a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent by such Bank, the Administrative Agent shall be entitled to recover such corresponding amount on demand from such Bank. If such Bank does not pay such corresponding amount forthwith upon the Administrative Agent's demand therefor, the Administrative Agent shall promptly notify the Borrower and the Borrower shall immediately pay such corresponding amount to the Administrative Agent. The Administrative Agent also shall be entitled to recover on demand from such Bank or the Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such Swingline Loancorresponding amount was made available by the Administrative Agent to the Borrower until the date such corresponding amount is recovered by the Administrative Agent, at a rate per annum equal to (i) if recovered from such Bank, at the overnight Federal Funds Rate and (ii) if recovered from the Borrower, the rate of interest appli- cable to the respective Borrowing, as determined pursuant to Section 1.08. 27Nothing in this Section 1.04 or in Section 2.05(a) shall be deemed to relieve any Bank from its obligation to make Loans here- under or to prejudice any rights which the Borrower may have against any Bank as a result of any failure by such Bank to make Loans here- under.
Appears in 1 contract
Disbursement of Funds. Not No later than 2:00 p.m. 12:00 Noon (Charlotte New York time) on the proposed borrowing datedate specified in each Notice of Borrowing (or (x) in the case of Swingline Loans, no later than 3:00 P.M. (New York time) on the Swingline Lender will make available date specified pursuant to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent Section 1.03(b)(i) or (y) in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory Borrowings, no later than 2:00 p.m. 1:00 P.M. (Charlotte New York time) on the date specified in Section 2.6(b) 1.01(e)), each Lender with a Commitment of the respective Tranche will make available its pro rata portion (determined in accordance with Section 1.07) of each such Borrowing requested to be made on such date (or in the case of Swingline Loans, the Swingline Lender will make available the full amount thereof). All such amounts will be made available in Dollars and in immediately available funds at the Payment Office, and the Administrative Agent will, except in the case of Revolving Loans made pursuant to a Mandatory Borrowing, make available to the Borrower at the Payment Office the aggregate of the amounts so made available by the Lenders. Unless the Administrative Agent shall have been notified by any Lender prior to the date of Borrowing that such Lender does not intend to make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, such Lender's Commitment Percentage portion of Mandatory Borrowings any Borrowing to be made on such borrowing date. The Borrower hereby irrevocably authorizes , the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately may assume that such Lender has made such amount available funds by crediting or wiring such proceeds to the deposit account Administrative Agent on such date of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower Borrowing and the Administrative Agent from time to time or, in the case of Mandatory Borrowings, in the manner specified in Section 2.6(b)(i). Subject to Section 4.7 hereof, the Administrative Agent may (but shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 to), in reliance upon such assumption, make available to the extent that the Swingline Lender has Borrower a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent by such Lender, the Administrative Agent shall be entitled to recover such corresponding amount of on demand from such Swingline LoanLender. 27If such Lender does not pay such corresponding amount forthwith upon the Administrative Agent's demand therefor, the Administrative Agent shall promptly notify the Borrower and the Borrower shall immediately pay such corresponding amount to the
Appears in 1 contract
Samples: Credit Agreement (Infousa Inc)
Disbursement of Funds. Not (a) No later than 2:00 p.m. 1:00 P.M. (Charlotte New York time) on the proposed borrowing datedate specified in each Notice of Borrowing relating to any Loans (or (x) in the case of Swingline Loans, no later than 2:00 P.M. (New York time) on the Swingline Lender will make available date specified pursuant to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent Section 1.03(b)(i) or (y) in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory Borrowings, no later than 2:00 p.m. 12:00 Noon (Charlotte New York time) on the date specified in Section 2.6(b1.01(e)), each Bank with a Commitment under the respective Tranche will make available its Pro Rata Share (if any) of each Lender Borrowing of Loans requested to be made on such date in the manner provided below (or, in the case of Swingline Loans, Chase will make available the full amount thereof). All such amounts shall be made available to the Administrative Agent in U.S. Dollars and immediately available funds at the Payment Office and the Administrative Agent promptly will make available to the Administrative Agent, for Borrower by depositing to its account at the account Payment Office the aggregate of the Borrower, at amounts so made available in the office type of funds received (other than in respect of Mandatory Borrowings). Unless the Administrative Agent shall have been notified by any Bank prior to the date of Borrowing of any Loans referred to in funds immediately this Section 1.04(a) that such Bank does not intend to make available to the Administrative Agent, such Lender's Commitment Percentage Agent its portion of Mandatory the Borrowing or Borrowings to be made on such borrowing date. The Borrower hereby irrevocably authorizes the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately available funds by crediting or wiring such proceeds to the deposit account of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower and the Administrative Agent from time to time or, in the case of Mandatory Borrowings, in the manner specified in Section 2.6(b)(i). Subject to Section 4.7 hereof, the Administrative Agent shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 may assume that such Bank has made such amount available to the extent that Administrative Agent on such date of Borrowing, and the Swingline Lender has Administrative Agent, in reliance upon such assumption, may (in its sole discretion and without any obligation to do so) make available to the Borrower a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent by such Bank and the Administrative Agent has made available same to the Borrower, the Administrative Agent shall be entitled to recover such corresponding amount from such Bank. If such Bank does not pay such corresponding amount forthwith upon the Administrative Agent’s demand therefor, the Administrative Agent shall promptly notify the Borrower, and the Borrower shall immediately pay such corresponding amount to the Administrative Agent. The Administrative Agent shall also be entitled to recover from such Bank or the Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such Swingline Loancorresponding amount was made available by the Administrative Agent to the Borrower to the date such corresponding amount is recovered by the Administrative Agent, at a rate per annum equal to (x) if paid by such Bank, the overnight Federal Funds Effective Rate or (y) if paid by the Borrower, the then applicable rate of interest, calculated in accordance with Section 1.08, for the respective Loans. 27Nothing herein shall be deemed to relieve any Bank from its obligation to fulfill its commitments hereunder or to prejudice any rights which the Borrower may have against any Bank as a result of any failure by such Bank to make Loans hereunder.
Appears in 1 contract
Samples: Credit Agreement (Primedia Inc)
Disbursement of Funds. Not No later than 2:00 p.m. 12:00 Noon (Charlotte New York time) on the proposed borrowing datedate specified in each Notice of Borrowing (or (x) in the case of Swingline Loans, no later than 3:00 P.M. (New York time) on the Swingline Lender will make available to the Administrative Agentdate specified in Section 1.03(b)(i), for the account of the Borrower, at the office of the Administrative Agent or (y) in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory Borrowings, no later than 2:00 p.m. 12:00 Noon (Charlotte New York time) on the date specified in Section 2.6(b) 1.01(C)), each Lender Bank will make available its PRO RATA portion of each such Borrowing requested to be made on such date. All such amounts shall be made available in Dollars and in immediately available funds at the Payment Office of the Agent, and the Agent will make available to the Administrative Agent, for Company at the account Payment Office the aggregate of the Borrower, at amounts so made available by the office Banks. Unless the Agent shall have been notified by any Bank prior to the date of the Administrative Agent in funds immediately Borrowing that such Bank does not intend to make available to the Administrative Agent, Agent such LenderBank's Commitment Percentage portion of Mandatory Borrowings any Borrowing to be made on such borrowing date. The Borrower hereby irrevocably authorizes , the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately may assume that such Bank has made such amount available funds by crediting or wiring such proceeds to the deposit account Agent on such date of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower Borrowing and the Administrative Agent from time to time orAgent, in the case of Mandatory Borrowingsreliance upon such assumption, may (in the manner specified in Section 2.6(b)(i). Subject its sole discretion and without any obligation to Section 4.7 hereof, the Administrative Agent shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 do so) make available to the extent that the Swingline Lender has Company a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent by such Bank, the Agent shall be entitled to recover such corresponding amount on demand from such Bank. If such Bank does not pay such corresponding amount forthwith upon the Agent's demand therefore, the Agent shall notify the Company and the Company shall immediately pay such corresponding amount to the Agent. The Agent shall also be entitled to recover on demand from such Bank or the Company, as the case may be, interest on such corresponding amount in respect of each day from the date such Swingline Loan. 27corresponding amount was made available by the Agent to the Company until the date such corresponding amount is recovered by the Agent, at a rate per annum equal to (i) if recovered from such Bank, the cost to the Agent of acquiring overnight Federal funds and (ii) if recovered from the Company, the rate of interest applicable to the respec- tive Borrowing, as determined pursuant to Section 1.
Appears in 1 contract
Disbursement of Funds. Not No later than 2:00 p.m. 1:00 P.M. (Charlotte New York time) on the proposed borrowing datedate specified in each Notice of Borrowing (or (x) in the case of Swingline Loans, no later than 4:00 P.M. (New York time) on the Swingline Lender will make available date specified pursuant to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent Section 1.03(b)(i) or (y) in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory Borrowings, no later than 2:00 p.m. 1:00 P.M. (Charlotte New York time) on the date specified in Section 2.6(b) 1.01(d)), each Lender with a Commitment of the respective Tranche will make available its pro rata portion (determined in accordance with Section 1.07) of each such Borrowing requested to be made on such date (or in the case of Swingline Loans, the Swingline Lender will make available the full amount thereof). All such amounts will be made available in Dollars and in immediately available funds at the Payment Office, and the Administrative Agent will, except in the case of Revolving Loans made pursuant to a Mandatory Borrowing, make available to the Borrower at the Payment Office the aggregate of the amounts so made available by the Lenders. Unless the Administrative Agent shall have been notified by any Lender prior to the date of Borrowing that such Lender does not intend to make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, such Lender's Commitment Percentage ’s portion of Mandatory Borrowings any Borrowing to be made on such borrowing date. The Borrower hereby irrevocably authorizes , the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately may assume that such Lender has made such amount available funds by crediting or wiring such proceeds to the deposit account Administrative Agent on such date of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower Borrowing and the Administrative Agent from time to time or, in the case of Mandatory Borrowings, in the manner specified in Section 2.6(b)(i). Subject to Section 4.7 hereof, the Administrative Agent may (but shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 to), in reliance upon such assumption, make available to the extent that the Swingline Lender has Borrower a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent by such Lender, the Administrative Agent shall be entitled to recover such corresponding amount on demand from such Lender. If such Lender does not pay such corresponding amount forthwith upon the Administrative Agent’s demand therefor, the Administrative Agent shall promptly notify the Borrower and the Borrower shall immediately pay such corresponding amount to the Administrative Agent. The Administrative Agent also shall be entitled to recover on demand from such Lender or the Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such Swingline Loancorresponding amount was made available by the Administrative Agent to the Borrower until the date such corresponding amount is recovered by the Administrative Agent, at a rate per annum equal to (i) if recovered from such Lender, the overnight Federal Funds Rate for the first three days and at the interest rate otherwise applicable to such Loans for each day thereafter and (ii)if recovered from the Borrower, the rate of interest applicable to the respective Borrowing, as determined pursuant to Section 1.08. 27Nothing in this Section 1.04 shall be deemed to relieve any Lender from its obligation to make Loans hereunder or to prejudice any rights which the Borrower may have against any Lender as a result of any failure by such Lender to make Loans hereunder.
Appears in 1 contract
Samples: Credit Agreement (Duratek Inc)
Disbursement of Funds. Not (a) No later than 2:00 p.m. 1:00 P.M. (Charlotte New York time) on the proposed borrowing datedate specified in each Notice of Borrowing (or (x) in the case of Swingline Loans, no later than 4:00 P.M. (New York time) on the Swingline Lender will make available date specified pursuant to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent Section 1.03(b)(i) or (y) in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory Borrowings, no later than 2:00 p.m. 1:00 P.M. (Charlotte New York time) on the date specified in Section 2.6(b) 1.01(d)), each Lender with a Commitment of the respective Tranche will make available its pro rata portion (determined in accordance with Section 1.07) of each such Borrowing requested to be made on such date (or in the case of Swingline Loans, the Swingline Lender will make available the full amount thereof). All such amounts will be made available in Dollars and in immediately available funds at the Payment Office, and the Administrative Agent will, except in the case of Revolving Loans made pursuant to a Mandatory Borrowing, transmit the aggregate of the amounts so made available by the Lenders to the account specified by the Borrower in the applicable Notice of Borrowing by wire transfer of immediately available funds.
(b) Unless the Administrative Agent shall have been notified by any Lender prior to the date of the proposed incurrence that such Lender does not intend to make available to the Administrative Agent, for the account Agent such Lender’s portion of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, such Lender's Commitment Percentage of Mandatory Borrowing or Borrowings to be made on such borrowing date. The Borrower hereby irrevocably authorizes , the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately may assume that such Lender has made such amount available funds by crediting or wiring such proceeds to the deposit account Administrative Agent on such date of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower Borrowing and the Administrative Agent from time to time or, in the case of Mandatory Borrowings, in the manner specified in Section 2.6(b)(i). Subject to Section 4.7 hereof, the Administrative Agent may (but shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 to), in reliance upon such assumption, make available to the extent that the Swingline Lender has Borrower a corresponding amount. If such corre-sponding amount is not in fact made available to the Administrative Agent by such Lender, the Administrative Agent shall be entitled to recover such corresponding amount on demand from such Lender. If such Lender does not pay such corresponding amount forthwith upon the Administrative Agent’s demand therefor, the Administrative Agent shall promptly notify the Borrower and the Borrower shall immediately pay such corresponding amount to the Administrative Agent. The Administrative Agent also shall be entitled to recover on demand from such Lender or the Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such Swingline Loancorresponding amount was made available by the Administrative Agent to the Borrower until the date such corresponding amount is recovered by the Administrative Agent, at a rate per annum equal to (i) if recovered from such Lender, the overnight Federal Funds Rate for the first three days and at the interest rate otherwise applicable to such Loans for each day thereafter and (ii) if recovered from the Borrower, the rate of interest applicable to the respective Borrowing, as determined pursuant to Section 1.08. 27Nothing in this Section 1.04 shall be deemed to relieve any Lender from its obligation to make Loans hereunder or to prejudice any rights which the Borrower may have against any Lender as a result of any failure by such Lender to make Loans hereunder.
Appears in 1 contract
Samples: Credit Agreement (RCN Corp /De/)
Disbursement of Funds. Not later than 2:00 p.m. (Charlotte time) on the proposed borrowing date, the Swingline Lender will make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, shall advise each Lender by telephone or telecopy of the amount of the Swingline such Xxxxxx’s Pro Rata Share of any Loan to be made on such borrowing date. In the case of Mandatory Borrowings, requested by Borrower no later than 2:00 p.m. 11:00 a.m. (Charlotte Denver time) on at least two (2) Business Days immediately preceding the date specified in Section 2.6(b) each Lender will make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, such Lender's Commitment Percentage of Mandatory Borrowings to be made on such borrowing date. The Borrower hereby irrevocably authorizes the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately available funds by crediting or wiring such proceeds to the deposit account of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower and the Administrative Agent from time to time or, Funding Date applicable thereto (in the case of Mandatory BorrowingsLIBOR Loans), otherwise on the Business Day immediately preceding the Funding Date applicable thereto, and each such Lender shall pay Administrative Agent such Xxxxxx’s Pro Rata Share of such requested Loan, in same day funds, by wire transfer to Administrative Agent’s account by no later than 1:00 p.m. (Denver time) on such Funding Date. If any Lender fails to pay the manner specified in Section 2.6(b)(i). Subject to Section 4.7 hereofamount of its Pro Rata Share forthwith upon Administrative Agent’s demand, the Administrative Agent shall not be obligated promptly notify Borrower, and Administrative Agent shall disburse to disburse the proceeds Borrower, by wire transfer of immediately available funds, that portion of such Loan as to which Administrative Agent has received funds. In such event, Administrative Agent may, on behalf of any Swingline Loan requested pursuant Lender not timely paying Administrative Agent, disburse funds to this Section 2.6 Borrower for Loans requested, subject to the extent that the Swingline provisions of Subsection 8.5(B). Each such Lender has not made available to the shall reimburse Administrative Agent on demand for all funds disbursed on its behalf by Administrative Agent. Nothing in this Subsection 8.4 or elsewhere in this Agreement or the amount other Loan Documents, including the provisions of Subsection 8.5, shall be deemed to require Administrative Agent to advance funds on behalf of any Lender or to relieve any Lender from its obligation to fulfill its commitments hereunder or to prejudice any rights that Administrative Agent or Borrower may have against any Lender as a result of any default by such Swingline Loan. 27Lender hereunder.
Appears in 1 contract
Samples: Credit Agreement
Disbursement of Funds. Not Except as otherwise specifically provided in the second succeeding sentence, no later than 2:00 p.m. 12:00 Noon (Charlotte New York time) on the proposed borrowing datedate specified in each Notice of Borrowing (or (x) in the case of Swingline Loans, no later than the Swingline Lender will make available close of business on the date specified pursuant to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent Section 1.03(b)(i) or (y) in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory Borrowings, no not later than 2:00 p.m. 12:00 Noon (Charlotte New York time) on the date specified in Section 2.6(b) 1.01(f)), each Lender Bank with a Commitment of the respective Tranche will make available its pro rata portion of each such Borrowing requested to be made on such date (or in the case of Swingline Loans, the Swingline Bank shall make available the full amount thereof). All such amounts shall be made available in Dollars and in immediately available funds at the Payment Office of the Administrative Agent, and the Administrative Agent will make available to the Administrative Agent, for Borrower at the account Payment Office the aggregate of the Borroweramounts so made available by the Banks (prior to 1:00 P.M. on such day, at to the office extent of funds actually received by the Administrative Agent in funds immediately prior to 12:00 Noon on such day). Unless the Administrative Agent shall have been notified by any Bank prior to the date of Borrowing that such Bank does not intend to make available to the Administrative Agent, Agent such LenderBank's Commitment Percentage portion of Mandatory Borrowings any Borrowing to be made on such borrowing date. The Borrower hereby irrevocably authorizes , the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately may assume that such Bank has made such amount available funds by crediting or wiring such proceeds to the deposit account Administrative Agent on such date of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower Borrowing and the Administrative Agent from time to time ormay, in the case of Mandatory Borrowingsreliance upon such assumption, in the manner specified in Section 2.6(b)(i). Subject to Section 4.7 hereof, the Administrative Agent shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 make available to the extent that the Swingline Lender has Borrower a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent by such Bank, the Administrative Agent shall be entitled to recover such corresponding amount on demand from such Bank. If such Bank does not pay such corresponding amount forthwith upon the Administrative Agent's demand therefor, the Administrative Agent shall promptly notify the Borrower and the Borrower shall immediately pay such corresponding amount to the Administrative Agent. The Administrative Agent shall also be entitled to recover on demand from such Bank or the Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such Swingline Loan. 27corresponding amount was made available by the Administrative Agent to the Borrower until the date such corresponding amount is recovered by the Administrative Agent, at a rate per annum equal to (i) if recovered from such Bank, at the overnight Federal Funds Rate and (ii) if recovered from the Borrower, the rate of interest applicable to the respective Borrowing, as determined pursuant to Section 1.
Appears in 1 contract
Disbursement of Funds. Not (a) No later than 2:00 p.m. 1:00 P.M. (Charlotte New York --------------------- time or, in the case of DM Loans and NLG Revolving Loans, no later than 3:00 P.M. London, England time) on the proposed borrowing datedate specified in each Notice of Borrowing (or (x) in the case of Swingline Loans, no later than 2:00 P.M. (New York time) on the Swingline Lender will make available date specified in the notice delivered pursuant to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent Section 1.03(b)(i) or (y) in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory Borrowings, no later than 2:00 p.m. 12:00 Noon (Charlotte New York time) on the date specified in Section 2.6(b1.01(D)(c)), each Bank that is required to make the Loans specified in the respective Notice of Borrowing will make available its pro rata share of each Borrowing requested to be made on such --- ---- date (or in the case of Swingline Loans, BTCo shall make available the full amount thereof) each Lender in the manner provided below. All amounts shall be made available to the Administrative Agent in the relevant Applicable Currency and in immediately available funds at the appropriate Payment Office and, except for Dollar Revolving Loans made pursuant to a Mandatory Borrowing, the Administrative Agent promptly will make available to the Administrative Agent, for respective Borrower by depositing to its account at the account appropriate Payment Office the aggregate of the Borrower, at amounts so made available in the office type of funds received. Unless the Administrative Agent in funds immediately shall have been notified by any Bank prior to the date of Borrowing that such Bank does not intend to make available to the Administrative Agent, such Lender's Commitment Percentage Agent its portion of Mandatory the Borrowing or Borrowings to be made on such borrowing date. The Borrower hereby irrevocably authorizes the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately available funds by crediting or wiring such proceeds to the deposit account of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower and the Administrative Agent from time to time or, in the case of Mandatory Borrowings, in the manner specified in Section 2.6(b)(i). Subject to Section 4.7 hereof, the Administrative Agent shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 may assume that such Bank has made such amount available to the extent that Administrative Agent on such date of Borrowing, and the Swingline Lender has Administrative Agent, in reliance upon such assumption, may (in its sole discretion and without any obligation to do so) make available to the respective Borrower a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent by such Bank and the Administrative Agent has made available same to the respective Borrower, the Administrative Agent shall be entitled to recover such corresponding amount from such Bank. If such Bank does not pay such corresponding amount forthwith upon the Administrative Agent's demand therefor, the Administrative Agent shall promptly notify the respective Borrower, and such Borrower shall immediately pay such corresponding amount to the Administrative Agent. The Administrative Agent shall also be entitled to recover from such Bank or such Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such Swingline Loan. 27corresponding amount was made available by the Administrative Agent to such Borrower to the date such corresponding amount is recovered by the Administrative Agent, at a rate per annum equal to (x) if paid by such Bank, the overnight Federal Funds Effective Rate or (y) if paid by such Borrower, the then applicable rate of interest, calculated in accordance with Section 1.08, for the respective Borrowing.
(b) Nothing herein shall be deemed to relieve any Bank from its obligation to fulfill its commitments hereunder or to prejudice any rights which the respective Borrower may have against any Bank as a result of any default by such Bank hereunder.
Appears in 1 contract
Disbursement of Funds. Not No later than 2:00 p.m. 4:30 P.M. (Charlotte New York time) on the proposed borrowing datedate specified in each Notice of Borrowing (or (x) in the case of Swingline Loans, no later than 4:00 P.M. (New York time) on the Swingline Lender will make available date specified pursuant to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent Section 1.03(b)(i) or (y) in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory Borrowings, no later than 2:00 p.m. 1:00 P.M. (Charlotte New York time) on the date specified in Section 2.6(b) 1.01(d)), each Lender with a Commitment of the respective Tranche will make available its PRO RATA portion (determined in accordance with Section 1.07) of each such Borrowing requested to be made on such date (or in the case of Swingline Loans, the Swingline Lender will make available the full amount thereof). All such amounts will be made available in Dollars and in immediately available funds at the Payment Office, and the Administrative Agent will, except in the case of Revolving Loans made pursuant to a Mandatory Borrowing, make available to the Borrower at the Payment Office the aggregate of the amounts so made available by the Lenders. Unless the Administrative Agent shall have been notified by any Lender prior to the date of Borrowing that such Lender does not intend to make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, such Lender's Commitment Percentage portion of Mandatory Borrowings any Borrowing to be made on such borrowing date. The Borrower hereby irrevocably authorizes , the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately may assume that such Lender has made such amount available funds by crediting or wiring such proceeds to the deposit account Administrative Agent on such date of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower Borrowing and the Administrative Agent from time to time or, in the case of Mandatory Borrowings, in the manner specified in Section 2.6(b)(i). Subject to Section 4.7 hereof, the Administrative Agent may (but shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 to), in reliance upon such assumption, make available to the extent that the Swingline Lender has Borrower a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent by such Lender, the Administrative Agent shall be entitled to recover such corresponding amount on demand from such Lender. If such Lender does not pay such corresponding amount forthwith upon the Administrative Agent's demand therefor, the Administrative Agent shall promptly notify the Borrower and the Borrower shall immediately pay such corresponding amount to the Administrative Agent. The Administrative Agent also shall be entitled to recover on demand from such Lender or the Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such Swingline Loan. 27corresponding amount was made available by the Administrative Agent to the Borrower until the date such corresponding amount is recovered by the Administrative Agent, at a rate per annum equal to (i) if recovered from such Lender, the overnight Federal Funds Rate for the first three days and at the interest rate otherwise applicable to such Loans for each day thereafter and (ii) if recovered from the Borrower, the rate of interest applicable to the respective Borrowing, as determined pursuant to Section 1.
Appears in 1 contract
Samples: Credit Agreement (Nash Finch Co)
Disbursement of Funds. Not later than 2:00 p.m. 12:00 Noon (Charlotte time) on New York time or, in the proposed borrowing date, the Swingline Lender will make available to the Administrative Agent, for the account case of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, the amount of the Swingline any Sterling Loan to be made available in London after the Initial Borrowing Date, London time, if so requested by Xxxxxxxx on such borrowing date. In the date specified in each Notice of Borrowing (or (x) in the case of Mandatory BorrowingsSwingline Loans, no not later than 2:00 p.m. P.M. (Charlotte New York time) on the date specified in Section 2.6(b1.03(b)(i) each Lender will make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, such Lender's Commitment Percentage of Mandatory Borrowings to be made on such borrowing date. The Borrower hereby irrevocably authorizes the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately available funds by crediting or wiring such proceeds to the deposit account of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower and the Administrative Agent from time to time or, (y) in the case of Mandatory Borrowings, not later than 12:00 Noon (New York time) on the date specified in Section 1.01(f)), each Bank with a Commitment of the respective Tranche will make available its pro rata portion (determined in accordance with Section 1.07) of each such Borrowing requested to be made on such date (or in the case of Swingline Loans, BTCo shall make available the full amount thereof) in the manner specified provided below. All such amounts will be made available in Section 2.6(b)(iDollars (in the case of Dollar Loans) or Pounds Sterling (in the case of Sterling Loans), as the case may be, and in immediately available funds at the appropriate Payment Office of the Administrative Agent, and the Administrative Agent will make available to the relevant Borrower by depositing to its account at such Payment Office the aggregate of the amounts so made available by the Banks in the type of funds received. Subject Unless the Administrative Agent shall have been notified by any Bank prior to Section 4.7 hereofthe date of Borrowing that such Bank does not intend to make available to the Administrative Agent such Bank's portion of any Borrowing to be made on such date, the Administrative Agent shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 may assume that such Bank has made such amount available to the extent that Administrative Agent on such date of Borrowing and the Swingline Lender has Administrative Agent may, in reliance upon such assumption, make available to the relevant Borrower a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent by such Bank, the Administrative Agent shall be entitled to recover such corresponding amount on demand from such Bank. If such Bank does not pay such corresponding amount forthwith upon the Administrative Agent's demand therefor, the Administrative Agent shall promptly notify the relevant Borrower and such Borrower shall immediately pay such corresponding amount to the Administrative Agent. The Administrative Agent shall also be entitled to recover on demand from such Bank or such Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such Swingline Loan. 27corresponding amount was made available by the Administrative Agent to such Borrower until the date such corresponding amount is recovered by the Administrative Agent, at a rate per annum equal to (i) if recovered from such Bank, at the overnight Federal Funds Rate and (ii) if recovered from such Borrower, the rate of interest applicable to the respective Borrowing, as determined pursuant to Section 1.
Appears in 1 contract
Disbursement of Funds. Not No later than 2:00 p.m. 1:00 P.M. (Charlotte New York time) on the proposed borrowing datedate specified in each Notice of Borrowing (or (x) in the case of Swingline Loans, no later than 3:00 P.M. (New York time) on the Swingline Lender will make available date specified pursuant to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent Section 1.03(b)(i) or (y) in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory Borrowings, no later than 2:00 p.m. 1:00 P.M. (Charlotte New York time) on the date specified in Section 2.6(b1.01(d)), each Bank with a Commitment of the respective Tranche will make available its pro rata portion (determined in accordance with Section 1.07) of each Lender such Borrowing requested to be made on such date (or in the case of Swingline Loans, the Swingline Bank will make available the full amount thereof). All such amounts will be made available in Dollars and in immediately available funds at the Payment Office, and, except for Revolving Loans made pursuant to a Mandatory Borrowing, the Administrative Agent will make available to the Administrative Agent, for Borrower at the account Payment Office the aggregate of the Borrower, at amounts so made available by the office of Banks. Unless the Administrative Agent in funds immediately shall have been notified by any Bank prior to the date of Borrowing that such Bank does not intend to make available to the Administrative Agent, Agent such LenderBank's Commitment Percentage portion of Mandatory Borrowings any Borrowing to be made on such borrowing date. The Borrower hereby irrevocably authorizes , the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately may assume that such Bank has made such amount available funds by crediting or wiring such proceeds to the deposit account Administrative Agent on such date of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower Borrowing and the Administrative Agent from time to time or, in the case of Mandatory Borrowings, in the manner specified in Section 2.6(b)(i). Subject to Section 4.7 hereof, the Administrative Agent may (but shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 to), in reliance upon such assumption, make available to the extent that the Swingline Lender has Borrower a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent by such Bank, the Administrative Agent shall be entitled to recover such corresponding amount on demand from such Bank. If such Bank does not pay such corresponding amount forthwith upon the Administrative Agent's demand therefor, the Administrative Agent shall promptly notify the Borrower and the Borrower shall immediately pay such corresponding amount to the Administrative Agent. The Administrative Agent also shall be entitled to recover on demand from such Bank or the Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such Swingline Loan. 27corresponding amount was made available by the
Appears in 1 contract
Samples: Credit Agreement (Scot Inc)
Disbursement of Funds. Not No later than 2:00 p.m. 12:00 Noon (Charlotte New York time) on the proposed borrowing datedate specified in each Notice of Borrowing (or (x) in the case of Swingline Loans, no later than 3:00 P.M. (New York time) on the Swingline Lender will make available date specified pursuant to the Administrative AgentSection 1.03(b)(i), for the account of the Borrower, at the office of the Administrative Agent (y) in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory Borrowings, no later than 2:00 p.m. 1:00 P.M. (Charlotte New York time) on the date specified in Section 2.6(b1.01(d) or (z) in the case of Competitive Bid Loans, no later than 12:00 Noon (New York time) on the date specified pursuant to Section 1.04(a)) each Lender with a commitment of the applicable Tranche will make available its pro rata portion (determined in accordance with Section 1.08) of each such Borrowing requested to be made on such date (or, (x) in the case of Swingline Loans, the Swingline Lender will make available the full amount thereof and (y) in the case of Competitive Bid Loans, the respective Bidder Lenders which are to make such Competitive Bid Loans in accordance with Section 1.04(e) will make available their respective amount thereof). All such amounts will be made available in Dollars and in immediately available funds at the Payment Office, and, except for Revolving Loans made pursuant to a Mandatory Borrowing, the Administrative Agent will make available to the Borrowers at the Payment Office, the aggregate of the amounts so made available by the Lenders to the extent of funds actually received by the Administrative Agent, for the account of the Borrower, at the office of . Unless the Administrative Agent in funds immediately shall have been notified by any Lender prior to the date of Borrowing that such Lender does not intend to make available to the Administrative Agent, Agent such Lender's Commitment Percentage ’s portion of Mandatory Borrowings any Borrowing to be made on such borrowing date. The Borrower hereby irrevocably authorizes , the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately may assume that such Lender has made such amount available funds by crediting or wiring such proceeds to the deposit account Administrative Agent on such date of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower Borrowing and the Administrative Agent from time to time or, in the case of Mandatory Borrowings, in the manner specified in Section 2.6(b)(i). Subject to Section 4.7 hereof, the Administrative Agent may (but shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 to), in reliance upon such assumption, make available to the extent that the Swingline Lender has Borrowers a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent by such Lender, the Administrative Agent shall be entitled to recover such corresponding amount on demand from such Lender. If such Lender does not pay such corresponding amount forthwith upon the Administrative Agent’s demand therefor, the Administrative Agent shall promptly notify the Borrowers and the Borrowers shall pay such corresponding amount to the Administrative Agent one Business Day after the Administrative Agent’s demand therefor. The Administrative Agent shall also be entitled to recover on demand from such Lender or the Borrowers, as the case may be, interest on such corresponding amount in respect of each day from the date such Swingline Loancorresponding amount was made available by the Administrative Agent to the Borrowers until the date such corresponding amount is recovered by the Administrative Agent, at a rate per annum equal to (i) if recovered from such Lender, the overnight Federal Funds Rate for the first three days and the interest rate otherwise applicable to such Loans for each day thereafter, and (ii) if recovered from the Borrowers, the rate of interest applicable to the respective Borrowing, as determined pursuant to Section 1.09. 27Nothing in this Section 1.05 shall be deemed to relieve any Lender from its obligation to make Loans hereunder or to prejudice any rights which the Borrowers may have against any Lender as a result of any failure by such Lender to make Loans hereunder.
Appears in 1 contract
Disbursement of Funds. Not Except as otherwise specifically provided in the immediately succeeding sentence, no later than 2:00 p.m. 1:00 P.M. (Charlotte New York time) on the proposed borrowing datedate specified in each Notice of Borrowing (or (x) in the case of Swingline Loans, not later than 1:00 P.M. (New York time) on the Swingline Lender will make available date specified pursuant to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent Section 1.03(b)(i) or (y) in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory Borrowings, no not later than 2:00 p.m. 1:00 P.M. (Charlotte New York time) on the date specified in Section 2.6(b) 1.01(e)), each Lender with a Commitment of the respective Tranche will make available to the Administrative Agent, for the account its pro rata portion of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, each such Lender's Commitment Percentage of Mandatory Borrowings Borrowing requested to be made on such borrowing datedate (or in the case of Swingline Loans, the Swingline Lender shall make available the full amount thereof). The Borrower hereby irrevocably authorizes the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 All such amounts shall be made available in Dollars and in immediately available funds by crediting or wiring such proceeds to at the deposit account Payment Office of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower and the Administrative Agent from time to time orAgent, and, except in the case of Mandatory Borrowings, in the manner specified in Section 2.6(b)(iAdministrative Agent will make available to the Borrower at the Payment Office the aggregate of the amounts so made available by the Lenders (for Loans other than Swingline Loans, prior to 3:00 P.M. (New York time) on such day, to the extent of funds actually received by the Administrative Agent prior to 1:00 P.M. (New York time) on such day). Subject Unless the Administrative Agent shall have been notified by any Lender prior to Section 4.7 hereofthe date of Borrowing that such Lender does not intend to make available to the Administrative Agent such Lender's portion of any Borrowing to be made on such date, the Administrative Agent shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 may assume that such Lender has made such amount available to the extent that Administrative Agent on such date of Borrowing and the Swingline Lender has Administrative Agent may, in reliance upon such assumption, make available to the Borrower a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent by such Lender, the Administrative Agent shall be entitled to recover such corresponding amount of on demand from such Swingline LoanLender. 27If such Lender does not pay such
Appears in 1 contract
Disbursement of Funds. Not later than 2:00 p.m. (Charlotte a) Each Borrowing shall be made upon the Borrower’s irrevocable written notice delivered to the Administrative Agent in the form of a Borrowing Notice, which notice must be received by the Administrative Agent prior to 9:00 a.m. (New York City time) on the proposed borrowing day which is twelve (12) Business Days (or such shorter period, as the Administrative Agent may agree) prior to the requested Borrowing date.
(b) Each Borrowing Notice shall specify:
(i) the Class of such Borrowing;
(ii) the amount of the Borrowing, which, in the case of a Borrowing of a DDTL, shall be in compliance with clause (h) of this Section 2.02;
(iii) the requested Borrowing date, which shall be a Business Day;
(iv) the Swingline number and location of the account (which, for any Borrowing that occurs on or after the DACA Compliance Date, shall be an account subject to an Account Control Agreement) to which funds are to be disbursed; and
(v) the Interest Period applicable to such Loans.
(c) Upon receipt of such Borrowing Notice, the Administrative Agent shall promptly notify each applicable Lender of its pro rata portion of the Borrowing. Each applicable Lender will make available its pro rata portion of the applicable Loans to be made by it in the manner provided below by no later than 1:00 p.m. on the date of the Borrowing.
(d) Each applicable Lender shall make available to the Administrative Agent in immediately available funds, in Dollars, all amounts such Lender is required to fund to the Borrower, and, following receipt of all requested funds in an account designated by the Administrative Agent, the Administrative Agent will make available to the Administrative AgentBorrower in immediately available funds, in Dollars, the aggregate of the amounts so made available, by remitting such aggregate amount to the account (which, for any Borrowing that occurs on or after the account DACA Compliance Date, must be subject to an Account Control Agreement) specified in the applicable Borrowing Notice. The failure of any Lender to make available the Borroweramounts it is required to fund hereunder or to make a payment required to be made by it under any Loan Document shall not relieve any other Lender of its obligations under any Loan Document, but no Lender shall be responsible for the failure of any other Lender to make any payment required to be made by such other Lender under any Loan Document.
(e) Nothing in this Section 2.02 shall be deemed to relieve any Lender from its obligation to fulfill its commitments hereunder or to prejudice any rights that the Borrower may have against any Lender as a result of any default by such Xxxxxx xxxxxxxxx (it being understood, however, that no Lender shall be responsible for the failure of any other Lender to fulfill its commitments hereunder).
(f) Borrowings of more than one Class may be outstanding at the office same time; provided, that there shall not at any time be more than a total of four (4) different Interest Periods in effect at any time (or such greater number of different Interest Periods as the Administrative Agent in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory Borrowings, no later than 2:00 p.m. (Charlotte time) on the date specified in Section 2.6(b) each Lender will make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, such Lender's Commitment Percentage of Mandatory Borrowings to be made on such borrowing date. The Borrower hereby irrevocably authorizes the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately available funds by crediting or wiring such proceeds to the deposit account of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower and the Administrative Agent agree from time to time or, in the case time).
(g) Notwithstanding any other provision of Mandatory Borrowings, in the manner specified in Section 2.6(b)(i). Subject to Section 4.7 hereofthis Loan Agreement, the Administrative Agent Borrower shall not not, nor shall it be obligated entitled to, request (x) any Borrowing if the initial Interest Period applicable thereto would end after the Maturity Date applicable to disburse such Loans, (y) more than five (5) Borrowings of DDTLs during the proceeds life of any Swingline this Loan requested pursuant to this Section 2.6 to Agreement and (z) a Borrowing of DDTLs on or after the extent that the Swingline Lender has not made available to the Administrative Agent the DDTL Commitment Expiration Date.
(h) Each Borrowing in respect of DDTL Commitments shall comprise an aggregate principal amount of such Swingline Loan. 27not less than $5,000,000.
Appears in 1 contract
Samples: Loan Agreement (Mimedx Group, Inc.)
Disbursement of Funds. Not No later than 2:00 p.m. 12:00 Noon (Charlotte New York time) on the proposed borrowing datedate specified in each Notice of Borrowing (or (x) in the case of Swingline Loans, no later than the Swingline Lender will make available close of business on the date specified pursuant to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent Section 1.03(b)(i)) or (y) in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory Borrowings, no not later than 2:00 p.m. 12:00 Noon (Charlotte New York time) on the date specified in Section 2.6(b1.01(d)), each Bank with a Commitment of the respective Tranche will make available its PRO RATA portion (determined in accordance with Section 1.07) of each Lender such Borrowing requested to be made on such date (or in the case of Swingline Loans, the Swingline Bank shall make available the full amount thereof). All such amounts shall be made available in Dollars and in immediately available funds at the Payment Office of the Agent, and the Agent will make available to the Administrative Agent, for Borrower at the account Payment Office the aggregate of the Borrower, at amounts so made available by the office Banks. Unless the Agent shall have been notified in writing by any Bank prior to the date of the Administrative Agent in funds immediately Borrowing that such Bank does not intend to make available to the Administrative Agent, Agent such LenderBank's Commitment Percentage portion of Mandatory Borrowings any Borrowing to be made on such borrowing date. The Borrower hereby irrevocably authorizes , the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately may assume that such Bank has made such amount available funds by crediting or wiring such proceeds to the deposit account Agent on such date of Borrowing and the Agent may, in reliance upon such assumption, make available to the Borrower identified a corresponding amount. If such corresponding amount is not in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower and the Administrative Agent from time to time or, in the case of Mandatory Borrowings, in the manner specified in Section 2.6(b)(i). Subject to Section 4.7 hereof, the Administrative Agent shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 to the extent that the Swingline Lender has not fact made available to the Administrative Agent by such Bank, the Agent shall be entitled to recover such corresponding amount of on demand from such Swingline LoanBank. 27If such Bank does not pay such corresponding amount forthwith upon the Agent's demand therefor, the Agent shall promptly notify the Borrower, and the Borrower shall immediately pay such corresponding
Appears in 1 contract
Samples: Credit Agreement (Ubiquitel Inc)
Disbursement of Funds. Not (a) No later than 2:00 p.m. 1:00 P.M. (Charlotte New York time) on the proposed borrowing datedate specified in each Notice of Borrowing (or (x) in the case of Swingline Loans, no later than 4:00 P.M. (New York time) on the Swingline Lender will make available date specified pursuant to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent Section 1.03(b)(i) or (y) in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory Borrowings, no later than 2:00 p.m. 1:00 P.M. (Charlotte New York time) on the date specified in Section 2.6(b) 1.01(d)), each Lender with a Commitment of the respective Tranche will make available its pro rata portion (determined in accordance with Section 1.07) of each such Borrowing requested to be made on such date (or in the case of Swingline Loans, the Swingline Lender will make available the full amount thereof). All such amounts will be made available in Dollars and in immediately available funds at the Payment Office, and the Administrative Agent will, except in the case of Revolving Loans made pursuant to a Mandatory Borrowing, transmit the aggregate of the amounts so made available by the Lenders to the account specified by the Borrower in the applicable Notice of Borrowing by wire transfer of immediately available funds.
(b) Unless the Administrative Agent shall have been notified by any Lender prior to the date of the proposed incurrence that such Lender does not intend to make available to the Administrative Agent, for the account Agent such Lender’s portion of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, such Lender's Commitment Percentage of Mandatory Borrowing or Borrowings to be made on such borrowing date. The Borrower hereby irrevocably authorizes , the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately may assume that such Lender has made such amount available funds by crediting or wiring such proceeds to the deposit account Administrative Agent on such date of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower Borrowing and the Administrative Agent from time to time or, in the case of Mandatory Borrowings, in the manner specified in Section 2.6(b)(i). Subject to Section 4.7 hereof, the Administrative Agent may (but shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 to), in reliance upon such assumption, make available to the extent that the Swingline Lender has Borrower a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent by such Lender and the Administrative Agent has made such amount available to the Borrower, the Administrative Agent shall be entitled to recover such corresponding amount on demand from such Lender. If such Lender does not pay such corresponding amount forthwith upon the Administrative Agent’s demand therefor, the Administrative Agent shall promptly notify the Borrower and the Borrower shall immediately pay such corresponding amount to the Administrative Agent. The Administrative Agent also shall be entitled to recover on demand from such Lender or the Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such Swingline Loancorresponding amount was made available by the Administrative Agent to the Borrower until the date such corresponding amount is recovered by the Administrative Agent, at a rate per annum equal to (i) if recovered from such Lender, the overnight Federal Funds Rate for the first three days and at the interest rate otherwise applicable to such Loans for each day thereafter and (ii) if recovered from the Borrower, the rate of interest applicable to the respective Borrowing, as determined pursuant to Section 1.08. 27Nothing in this Section 1.04 shall be deemed to relieve any Lender from its obligation to make Loans hereunder or to prejudice any rights which the Borrower may have against any Lender as a result of any failure by such Lender to make Loans hereunder.
Appears in 1 contract
Samples: Credit Agreement (RCN Corp /De/)
Disbursement of Funds. Not later than 2:00 p.m. 1:00 P.M. (Charlotte New York time) on the proposed borrowing date, the Swingline Lender will make available to the Administrative Agent, for the account date specified in each Notice of the Borrower, at the office of the Administrative Agent Borrowing (or (x) in funds immediately available to the Administrative Agent, the amount of the Swingline Loan to be made on such borrowing date. In the case of Mandatory BorrowingsSwingline Loans, no not later than 2:00 p.m. 3:00 P.M. (Charlotte New York time) on the date specified in Section 2.6(b1.03(b)(i) each Lender will make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, such Lender's Commitment Percentage of Mandatory Borrowings to be made on such borrowing date. The Borrower hereby irrevocably authorizes the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section 2.6 in immediately available funds by crediting or wiring such proceeds to the deposit account of the Borrower identified in the most recent Notice of Account Designation or as may be otherwise agreed upon by the Borrower and the Administrative Agent from time to time or, (y) in the case of Mandatory Borrowings, not later than 12:00 Noon (New York time) on the date specified in Section 1.01(d)), each Lender with a Commitment under the respective Tranche will make available its pro rata share (determined in accordance with Section 1.07), if any, of each Borrowing requested to be made on such date (or in the case of Swingline Loans, CSFB shall make available the full amount thereof) in the manner specified in Section 2.6(b)(i)provided below. Subject to Section 4.7 hereof, the Administrative Agent All amounts shall not be obligated to disburse the proceeds of any Swingline Loan requested pursuant to this Section 2.6 to the extent that the Swingline Lender has not made available to the Administrative Agent in U.S. Dollars and in immediately available funds at the Payment Office, and the Administrative Agent promptly will make available to the Borrower at its account specified in the respective notice of borrowing for a given Borrowing of Loans (or to CSFB, in the case of a Mandatory Borrowing) the aggregate of the amounts so made available in the type of funds received. Unless the Administrative Agent shall have been notified by any Lender prior to the date of Borrowing that such Lender does not intend to make available to the Administrative Agent its portion of the Borrowing or Borrowings to be made on such date, the Administrative Agent may assume that such Lender has made such amount available to the Administrative Agent on such date of Borrowing, and the Administrative Agent, in reliance upon such Swingline Loanassumption, may (in its sole discretion and without any obligation to do so) make available to the Borrower a corresponding amount. 27If such corresponding amount is not in fact made available to the Administrative Agent by such Lender and the Administrative Agent has made available same to the Borrower, the Administrative Agent shall be entitled to recover such corresponding amount on demand from such Lender. If such Lender does not pay such corresponding amount forthwith upon the Administrative Agent’s demand therefor, the Administrative Agent shall promptly notify the Borrower, and the Borrower shall immediately pay such corresponding amount to the Administrative Agent. The Administrative Agent shall also be entitled to recover on demand from such Lender or the Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such corresponding amount was made available by the Administrative Agent to the Borrower to the date such corresponding amount is recovered by the Administrative Agent, at a rate per annum equal to (x) if paid by such Lender, the overnight Federal Funds Rate (or, if the corresponding amount has not been recovered by the Administrative Agent from such Lender within three Business Days after the date such corresponding amount was made available by the Administrative Agent, commencing after such third Business Day, the Base Rate) or (y) if paid by the Borrower, the then applicable rate of interest, calculated in accordance with Section 1.08.
Appears in 1 contract