Funding of Borrowing. (a) Each Lender shall make the Loan to be made by it hereunder on the proposed date thereof by wire transfer of immediately available funds by 12:00 noon, New York City time, to the account of the Administrative Agent designated by it for such purpose by notice to the Lenders. The Administrative Agent will make such Loans available to the Borrower by promptly crediting the amounts so received, in like funds, to an account of the Borrower maintained with the Administrative Agent in New York City and designated by the Borrower in the Borrowing Request.
(b) Unless the Administrative Agent shall have received notice from a Lender prior to the proposed date of the Borrowing that such Lender will not make available to the Administrative Agent such Lender’s share of the Borrowing, the Administrative Agent may assume that such Lender has made such share available on such date in accordance with paragraph (a) of this Section 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 Borrowing available to the Administrative Agent, then the applicable Lender and the Borrower severally agree to pay to the Administrative Agent forthwith on demand such corresponding amount 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 such Lender, the greater of the Federal Funds Effective Rate and a rate determined by the Administrative Agent in accordance with banking industry rules on interbank compensation or (ii) in the case of the Borrower, the greater of the interest rate applicable to the Loans of the other Lenders included in the Borrowing and a rate determined by the Administrative Agent to equal its cost of funds for funding such amount. If such Lender pays such amount to the Administrative Agent, then such amount shall constitute such Lender’s Loan included in such Borrowing.
Funding of Borrowing. Subject to the terms and conditions herein, following the receipt of Notice of Borrowing as described in Section 2.2, by no later than 1:00 p.m. Eastern time on the date specified in the Notice of Borrowing, the Lender will make the proceeds of the requested Revolving Loan available to the Borrower by effecting a wire transfer of such amounts to an account designated by the Borrower to the Lender as set forth in the Notice of Borrowing.
Funding of Borrowing. Subject to the terms and conditions set forth in this Agreement, each Lender shall make the Advance to be made by it hereunder on the Closing Date by wire transfer of immediately available funds by 2:00 P.M. to the account of the Administrative Agent most recently designated by it for such purpose by notice to the Lenders. The Administrative Agent will make such Advance available to the Borrower by promptly crediting the amounts so received, in like funds, to an account maintained in the United States and designated by the Borrower in writing.
Funding of Borrowing. On each Borrowing Date, each Lender shall deposit with the Administrative Agent same day funds, at or before 10:00 a.m., Chicago time, in an amount equal to its Funding Percentage of the requested Borrowing. Such deposit shall be made to such account as the Administrative Agent shall specify. After timely receipt of such funds, the Administrative Agent shall, at or before 1:00 p.m., Chicago time, on the Borrowing Date, make such funds available to the Borrower by wire transfer in same day funds to such accounts of the Borrower as the Borrower shall have specified in writing. No Lender's obligation to make any portion of the Loans shall be affected by any other Lender's failure to make any portion of the Loans.
Funding of Borrowing. (a) Each Lender shall make each Loan to be made by it hereunder on the Closing Date by wire transfer of immediately available funds by 10:00 a.m. London time to the account of the Administrative Agent most recently designated by it for such purpose by notice to the Lenders. The Administrative Agent will make such Loans available to Borrower by promptly crediting the amounts so received, in like funds, to an account designated by Borrower in the applicable Borrowing Request.
(b) Unless the Administrative Agent shall have received notice from a Lender prior to the time of any 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 paragraph (a) of this Section and may, in reliance upon such assumption, make available to Borrower a corresponding amount.
Funding of Borrowing. (a) Each Lender shall make the Loan to be made by it hereunder on the Borrowing Date by wire transfer of immediately available funds by 12:00 noon, New York City time, to the account of the Administrative Agent most recently designated by it for such purpose by notice to the Lenders. The Administrative Agent will make such Loans available to the Borrower on the Borrowing Date by promptly crediting the amounts so received, in like funds, to the Disbursement Account. It is understood and agreed that the Borrower will have no right to make withdrawals from the Disbursement Account, except in accordance with this Section 2.04. The Administrative Agent will permit the Borrower to withdraw the funds on deposit in the Disbursement Account only after receipt by the Administrative Agent of a certificate (the “Disbursement Notice”) by a senior officer of the Borrower prior to 10:00 a.m., New York City time, at least two Business Days prior to the proposed disbursement date, requesting the disbursement of all funds in the Disbursement Account in accordance with wire instructions for the Depository set forth therein and certifying that (i) such funds are being transferred to the Depository pursuant to such wire instructions and will then be disbursed to pay the cash portion of the Merger Consideration (as defined in the Merger Agreement) in accordance with the Merger Agreement in order to effect the Merger, which will occur not more than four Business Days after the Depository’s receipt of such funds (unless the Borrower reasonably anticipates that the Merger will occur during the period from December 28, 2008 through December 31, 2008, in which case such four Business Days shall be extended to six Business Days), (ii) no Default has occurred and is continuing or will result from the disbursement of the funds in the Disbursement Account, and (iii) the waiting period applicable to the consummation of the Merger under the Xxxx-Xxxxx-Xxxxxx Antitrust Improvements Act of 1976, as amended, has expired or been earlier terminated, and all required approvals of any Governmental Authority applicable to the Merger under the applicable competition law or regulation and required under the Merger Agreement, shall have been obtained or any applicable waiting period thereunder shall have been terminated or shall have expired, and those other consents pursuant to the other Foreign Antitrust Filings (as defined in the Merger Agreement) the failure of which to obtain would, either indi...
Funding of Borrowing ii) Each Lender shall make each Loan to be made by it hereunder on the Closing Date by wire transfer of immediately available funds by 10:00 a.m. London time to the account of the Administrative Agent most recently designated by it for such purpose by notice to the Lenders. The Administrative Agent will make such Loans available to Borrower by promptly crediting the amounts so received, in like funds, to an account designated by Borrower in the applicable Borrowing Request.
Funding of Borrowing. Subject to the terms and conditions herein, each Lender will make available such portion of the applicable Term Loan to be made by it hereunder on the proposed date thereof by wire transfer in immediately available funds by 11:00 a.m. to the Administrative Agent at the Payment Office. The Administrative Agent will make the proceeds of such Term Loan available to the Borrower on the date specified in the Notice of Borrowing by promptly crediting the proceeds thereof by the close of business on such date, to an account maintained by the Borrower with the Administrative Agent or at the Borrower’s option, by effecting a wire transfer of such amounts to an account designated by the Borrower to the Administrative Agent as set forth in the Notice of Borrowing.
Funding of Borrowing. On each Borrowing Date, upon satisfaction of the applicable conditions set forth in ARTICLE V, Lender shall make available to the Administrative Agent an amount equal to the requested Borrowing in same day funds, and, after receipt by the Administrative Agent of such funds, the Administrative Agent will deposit such funds into one or more Disbursement Accounts specified by the Servicer; PROVIDED, HOWEVER, that in the case of the initial Borrowing, the Administrator shall be permitted to direct an amount equal to all cash in the ATMs on the date of the initial Borrowing to be paid to an account specified by the Administrator.
Funding of Borrowing. The Investors are hereby irrevocably directed by the Borrower to make the Term Loan on the Closing Date by paying the funds applicable to the Borrowing Request to BDO Canada Limited, in its capacity as Court-appointed receiver of POI, in full and final repayment of the Short-Term Note. BDO Canada Limited, solely in its capacity as Court-appointed receiver of POI, shall provide an irrevocable direction to the Administrative Agent that all such funds received by BDO Canada Limited in repayment of the Short-Term Note shall be paid to the lenders under the POI Credit Agreement in permanent reduction of the obligations of POI under the POI Credit Agreement.
