Common use of Disbursement of Revolving Credit Advances Clause in Contracts

Disbursement of Revolving Credit Advances. (a) The Company shall give the Agent notice of its request for each Revolving Credit Advance in substantially the form of Exhibit G hereto not later than noon Chicago time (i) three LIBOR Business Days prior to the date such Revolving Credit Advance is requested to be made if such Revolving Credit Advance is to be made as a LIBOR Borrowing, (ii) five (5) Business Days prior to the date any Letter of Credit Advance is requested to be made, or such earlier date as reasonably determined by the Agent, and (iii) on the Business Day such Revolving Credit Advance is requested to be made in all other cases, which notice shall specify whether a LIBOR Borrowing, an Adjusted Corporate Base Rate Borrowing or a Letter of Credit Advance is requested and, in the case of each requested LIBOR Borrowing, the LIBOR Interest Period to be initially applicable to such Borrowing and, in the case of each Letter of Credit Advance, such information as may be necessary for the issuance thereof by the Agent. The Agent, reasonably promptly on the same Business Day such notice is given, shall provide notice of such requested Revolving Credit Advance to the Revolving Lenders. Subject to the terms and conditions of this Agreement, the proceeds of each such requested Revolving Credit Advance shall be made available to the Company by depositing the proceeds thereof, in immediately available funds, in an account maintained and designated by the Company at the principal office of the Agent. Subject to the terms and conditions of this Agreement, the Agent shall, on the date such Letter of Credit Advance is requested to be made, issue the related Letter of Credit on behalf of the Revolving Lenders for the account of the Company. Notwithstanding anything herein to the contrary, the Agent may decline to issue any requested Letter of Credit on the basis that the beneficiary, the purpose of issuance or the terms or the conditions of drawing are unacceptable to it in its reasonable discretion, provided that the Agent shall not unreasonably decline to issue a Letter of Credit pursuant to this sentence.

Appears in 2 contracts

Samples: Credit Agreement (Apcoa Standard Parking Inc /De/), Credit Agreement (Ap Holdings Inc)

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Disbursement of Revolving Credit Advances. (a) The Company Except with respect to Swing Loans, the Treasury Manager shall give the Agent notice of its request for each Revolving Credit Advance in substantially the form of Exhibit G C hereto not later than noon Chicago 10:00 a.m. local time of the Applicable Lending Installation (i) three LIBOR Eurocurrency Business Days prior to the date such Revolving Credit Advance is requested to be made if such Revolving Credit Advance Borrowing is to be made as a LIBOR BorrowingEurocurrency Rate Loan, (ii) five (5) Business Days prior to the date any Letter of Credit Advance is requested to be made, or such earlier date as reasonably determined by the Agent, and (iii) at such time prior to the date such Advance is requested to be made as specified in the applicable Alternate Currency Addendum if such Borrowing is to be made as an Alternate Currency Loan and (iv) on the Business Day date such Revolving Credit Advance Loan is requested to be made in all other cases, which notice shall specify the Designated Borrower for which such Advance is requested, whether a LIBOR BorrowingEurocurrency Rate Loan, an Adjusted Corporate Base Floating Rate Borrowing Loan, Alternate Currency Loan or a Letter of Credit Advance is requested and, in the case of each requested LIBOR BorrowingEurocurrency Rate Loan, the LIBOR Eurocurrency Interest Period to be initially applicable to such Borrowing Loan and the Foreign Currency in which such Loan is to be denominated, and, in the case of each Letter of Credit Advancerequested Alternate Currency Loan, such other information as may be necessary for required pursuant to the issuance thereof by the Agentapplicable Alternate Currency Addendum. The Agent, reasonably promptly on the same Business Day day any such notice is given, shall provide notice of such requested Revolving Credit Advance Loan to the Revolving Lenderseach Bank. Subject to the terms and conditions of this Agreement, the proceeds of each such requested Revolving Credit Advance Loan shall be made available to the Company Borrower requesting such Loan by depositing the proceeds thereof, in immediately available funds, in the case of any Loan denominated in Dollars in an account maintained and designated by the Company such Borrower at the principal office of the Agent, and, in all other cases, in an account maintained and designated by such Borrower at the Applicable Lending Installation of the Agent for such Borrower, at a bank acceptable to the Agent in the principal financial center of the country issuing the Foreign Currency in which such Loan is denominated or at such other place specified by the Agent. Subject to the terms and conditions of this Agreement, the Agent shall, on the date such any Letter of Credit Advance is requested to be made, issue the related Letter of Credit on behalf of the Revolving Lenders Banks for the account of the CompanyBorrower requesting such Letter of Credit. Notwithstanding anything herein to the contrary, the Agent may decline to issue any requested Letter of Credit on the basis that the beneficiary, the purpose of issuance or the terms or the conditions of drawing are unacceptable to it based upon any legal concerns in its reasonable discretion, provided that discretion or upon any policy of the Agent shall not unreasonably decline to issue a Letter of Credit pursuant to this sentenceAgent.

Appears in 1 contract

Samples: Credit Agreement (Invacare Corp)

Disbursement of Revolving Credit Advances. (a) The Company Except with respect to Swing Line Loans, the Treasury Manager shall give the Agent notice of its request for each Revolving Credit Advance in substantially the form of Exhibit G I hereto at the Applicable Lending Office of the Agent with respect to such Advance not later than noon Chicago 10:00 a.m. local time of the Applicable Lending Office (i) three LIBOR (3) Interbank Business Days prior to the date such Revolving Credit Advance is requested to be made if such Revolving Credit Advance Borrowing is to be made as a LIBOR an Interbank Offered Rate Revolving Credit Borrowing, and (ii) five three (53) Business Days prior to the date any Letter of Credit Advance is requested to be made, or such earlier date as reasonably determined by the Agent, made and (iii) on the Business Day date such Revolving Credit Advance Loan is requested to be made in all other casesif such Revolving Credit Loan is to be made as a Negotiated Rate Revolving Credit Borrowing or a Floating Rate Revolving Credit Borrowing, which notice shall specify the Designated Borrower for which such Advance is requested, whether a LIBOR Borrowingan Interbank Offered Rate Loan, an Adjusted Corporate Base Negotiated Rate Borrowing Loan, Floating Rate Loan or a Letter of Credit Advance is requested and, in the case of each requested LIBOR BorrowingFixed Rate Revolving Credit Loan, the LIBOR Interest Period to be initially applicable to such Borrowing andLoan and the Permitted Currency in which such Loan is to be denominated. With respect to Swing Line Loans, the Treasury Manager shall give the Agent notice of its request for each Swing Line Loan in substantially the case form of each Letter Exhibit I hereto at the Applicable Lending Office of Credit Advance, the Agent with respect to such information as may be necessary for Advance not later than 1:00 p.m. local time of the issuance thereof by the Agent. The Agent, reasonably promptly Applicable Lending Office on the same Business Day any Swing Line Loan is requested to be made which notice shall specify the Designated Borrower for which such Swing Line Loan is requested. The Agent, on the same day any such notice is given, shall provide notice of such requested Revolving Credit Advance Loan to each Bank (which notice shall be provided by 2:00 p.m. local time of the Revolving LendersApplicable Lending Office with respect to Floating Rate Loans or Negotiated Rate Loans). Subject to the terms and conditions of this Agreement, the proceeds of each such requested Revolving Credit Advance Loan shall be made available to the Company Designated Borrower requesting such Loan by depositing the proceeds thereof, in immediately available available, freely transferable cleared funds, in the case of any Revolving Credit Loan denominated in Dollars in an account maintained and designated by such Borrower, and, in all other cases, in an account maintained and designated by such Borrower at a bank acceptable to the Company at Agent in the principal office financial center of the country issuing the Permitted Currency in which such Loan is denominated or in such other place specified by the Agent. Subject to the terms and conditions of this Agreement, the Agent shall, on the date such any Letter of Credit Advance is requested to be made, issue the related Letter of Credit on behalf of the Revolving Lenders Banks for the account of the CompanyDesignated Borrower requesting such Letter of Credit. Notwithstanding anything herein to the contrary, the Agent may decline to issue any requested Letter of Credit on the basis that the beneficiary, the purpose of issuance or the terms or the conditions of drawing are unacceptable to it in its reasonable discretion, provided that the Agent shall not unreasonably decline to issue a Letter of Credit pursuant to this sentence.

Appears in 1 contract

Samples: Assumption Agreement (Invacare Corp)

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Disbursement of Revolving Credit Advances. Prior to 2:00 p.m. (aDallas ----------------------------------------- time) The Company shall give on the Agent notice date of its request for each a Revolving Credit Advance hereunder, the Administrative Agent shall, subject to the satisfaction of the conditions set forth in substantially this Section 2.2 and in Article 3 hereof, disburse the form amounts made available to the ----------- --------- Administrative Agent by the Lenders in like funds by transferring the amounts so made available by wire transfer pursuant to the instructions of Exhibit G hereto not later than noon Chicago time (i) three LIBOR Business Days the Borrower. Unless the Administrative Agent shall have received notice from a Lender prior to the date such of any Revolving Credit Advance is requested to be made if that such Revolving Credit Advance is to be made as a LIBOR Borrowing, (ii) five (5) Business Days prior Lender will not make available to the Administrative Agent such Lender's ratable portion of such Advance, and so long as notice has been given as provided in Section 2.2(g) -------------- hereof, the Administrative Agent may assume that such Lender has made such portion available to the Administrative Agent on the date any Letter of Credit such Advance is requested and the Administrative Agent may, in its sole discretion and in reliance upon such assumption, make available to be made, or the Borrower on such earlier date as reasonably determined by a corresponding amount. If and to the extent such Lender shall not have so made such ratable portion available to the Administrative Agent, and (iii) such Lender agrees to repay to the Administrative Agent forthwith on demand such corresponding amount together with interest thereon, for each day from the Business Day date such Revolving Credit Advance amount is requested made available to be made in all other casesthe Borrower until the date such amount is repaid to the Administrative Agent, which notice at the Federal Funds Rate. If such Lender shall specify whether a LIBOR Borrowing, an Adjusted Corporate Base Rate Borrowing or a Letter of Credit Advance is requested and, in repay to the case of each requested LIBOR Borrowing, the LIBOR Interest Period to be initially applicable to Administrative Agent such Borrowing and, in the case of each Letter of Credit Advancecorresponding amount, such information as may be necessary amount so repaid shall constitute such Lender's portion of the applicable Advance for the issuance thereof by the Agent. The Agent, reasonably promptly on the same Business Day such notice is given, shall provide notice of such requested Revolving Credit Advance to the Revolving Lenders. Subject to the terms and conditions purposes of this Agreement. If such Lender does not repay such corresponding amount immediately upon the Administrative Agent's demand therefor, the proceeds Administrative Agent shall notify the Borrower, and the Borrower shall immediately pay such corresponding amount to the Administrative Agent, together with all interest accrued thereon at the Interest Rate Basis that would have applied to such Advance had such Lender funded its portion thereof. The failure of each such requested any Lender to fund its portion of any Revolving Credit Advance shall be made available not relieve any other Lender of its obligation, if any, hereunder to the Company by depositing the proceeds thereof, in immediately available funds, in an account maintained and designated by the Company at the principal office fund its respective portion of the Agent. Subject to the terms and conditions of this Agreement, the Agent shall, such Advance on the date of such Letter borrowing, but no Lender shall be responsible for any such failure of any other Lender. In the event that, at any time when the Borrower is not in Default, a Lender for any reason (other than the failure of the Borrower to satisfy the conditions herein to a Revolving Credit Advance is requested or the Administrative Agent's failure to be madegive notice of such Advance as required hereunder) fails or refuses to fund its portion of a Revolving Credit Advance at a time when the Majority Lenders have funded their respective portions of such Advance, issue the related Letter then, until such time as such Lender has funded its portion of Credit on behalf such Advance, or all other Lenders have received payment in full (whether by repayment or prepayment) of the Revolving Lenders for principal and interest due in respect of such Advance, such non-funding Lender shall (i) have no right to vote regarding any issue on which voting is required or advisable under this Agreement or any other Loan Document, and (ii) shall be entitled to receive no payments of principal, interest or fees from the account Borrower in respect of the Company. Notwithstanding anything herein such Loans which such Lender failed to the contrary, the Agent may decline to issue make or any requested Letter of Credit on the basis that the beneficiary, the purpose of issuance or the terms or the conditions of drawing are unacceptable to it in its reasonable discretion, provided that the Agent shall not unreasonably decline to issue a Letter of Credit pursuant to this sentenceFacility Fee.

Appears in 1 contract

Samples: Credit Agreement (Unitrin Inc)

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