Common use of Funding Procedures Clause in Contracts

Funding Procedures. Not later than 2:00 p.m. (New York time), with respect to the Domestic Borrowers or the Canadian Borrower, or 1:00 p.m. (London time), with respect to the European Borrower, or 1:00 p.m. (Sydney time), with respect to the Australian Borrower, on the proposed Drawdown Date of any Domestic Revolving Loan, European Loan, Canadian Revolving Loan or Australian Revolving Loan, each of the Applicable Lenders will make available to the Applicable Agent at the Applicable Agent’s Office, in immediately available funds, the amount of such Lender’s Commitment Percentage of such Loans made or to be made on such date. Upon receipt from each Applicable Lender of such amount, and upon receipt of the documents required by §§12 (with respect to such Loans to be made on the Closing Date) and 13 and the satisfaction of the other conditions set forth herein, to the extent applicable, the Applicable Agent will make available to the Applicable Borrower the aggregate amount of such Loans made available to the Applicable Agent by the Applicable Lenders. The failure or refusal of any Applicable Lender to make available to the Applicable Agent at the aforesaid time and place on any Drawdown Date the amount of its Commitment Percentage of the requested Loans shall not relieve any other Applicable Lender from its several obligation hereunder to make available to the Applicable Agent the amount of such other Applicable Lender’s Commitment Percentage of any requested Loans. In the event that the Applicable Agent becomes aware of any Applicable Lender’s failure to make available the amount of its Commitment Percentage of any requested Loan, the Applicable Agent shall notify the Applicable Borrower of the identity of such Lender and the amount such Lender has not made available to the Applicable Agent.

Funding Procedures. Not later than 2:00 p.m. (New York Boston time), with respect to the Domestic Borrowers or the Canadian Borrower, or 1:00 p.m. (London time), with respect to the European Borrower, or 1:00 p.m. (Sydney time), with respect to the Australian Borrower, ) on the proposed Drawdown Date of any Domestic Revolving Loan, European Loan, Canadian Revolving Loan or Australian Revolving Credit Loan, each of the Applicable Lenders will make available to the Applicable Administrative Agent at the Applicable Agent’s Officeits head office, in immediately available funds, the amount of such Lender’s 's Commitment Percentage of such Revolving Credit Loans made or to be made on such date. Upon receipt from each Applicable Lender of such amount, and upon receipt of the documents required by §§Sections 12 (with respect to such Revolving Credit Loans to be made on the Closing Date) and 13 hereof and the satisfaction of the other conditions set forth herein, to the extent applicable, the Applicable Administrative Agent will make available to the Applicable US Borrower the aggregate amount of such Revolving Credit Loans made available to the Applicable Administrative Agent by the Applicable Lenders. The failure or refusal of any Applicable Lender to make available to the Applicable Administrative Agent at the aforesaid time and place on any Drawdown Date the amount of its Commitment Percentage of the requested Revolving Credit Loans shall not relieve any other Applicable Lender from its several obligation hereunder to make available to the Applicable Administrative Agent the amount of such other Applicable Lender’s 's Commitment Percentage of any requested Revolving Credit Loans. In the event that the Applicable Administrative Agent becomes aware of any Applicable Lender’s 's failure to make available the amount of its Commitment Percentage of any requested Revolving Credit Loan, the Applicable Administrative Agent shall notify the Applicable US Borrower of the identity of such Lender and the amount such Lender has not made available to the Applicable Administrative Agent.

Funding Procedures. Not later than 2:00 p.m. (New York Eastern time), with respect to the Domestic Borrowers U.S. Borrower or the Canadian Borrower, or 1:00 p.m. (London time), with respect to the European Borrower, or 1:00 p.m. (Sydney time), with respect to the Australian Borrower, on the proposed Drawdown Date of any Domestic Revolving Loan, European Loan, Canadian Revolving Loan or Australian Revolving Loan, each of the Applicable Lenders will make available to the Applicable Agent at the Applicable Agent’s Office, in immediately available funds, the amount of such Lender’s Commitment Percentage of such Loans made or to be made on such date. Upon receipt from each Applicable Lender of such amount, and upon receipt of the documents required by §§12 (with respect to such Loans to be made on the Closing Date) and 13 hereof and the satisfaction of the other conditions set forth herein, to the extent applicable, the Applicable Agent will make available to the Applicable Borrower the aggregate amount of such Loans made available to the Applicable Agent by the Applicable Lenders. The failure or refusal of any Applicable Lender to make available to the Applicable Agent at the aforesaid time and place on any Drawdown Date the amount of its Commitment Percentage of the requested Loans shall not relieve any other Applicable Lender from its several obligation hereunder to make available to the Applicable Agent the amount of such other Applicable Lender’s Commitment Percentage of any requested Loans. In the event that the Applicable Agent becomes aware of any Applicable Lender’s failure to make available the amount of its Commitment Percentage of any requested Loan, the Applicable Agent shall notify the Applicable Borrower of the identity of such Lender and the amount such Lender has not made available to the Applicable Agent.

Funding Procedures. Not later than 2:00 p.m. (New York time), with respect to the Domestic Borrowers or the Canadian Borrower, or 1:00 p.m. (London time), with respect to the European Borrowers or UK Borrower, or 1:00 p.m. (Sydney time), with respect to the Australian Borrower, on the proposed Drawdown Date of any Domestic Revolving Loan, European Loan, Canadian Revolving Loan, Australian Revolving Loan or Australian UK Revolving Loan, each of the Applicable Lenders will make available to the Applicable Agent at the Applicable Agent’s Office, in immediately available funds, the amount of such Lender’s Commitment Percentage of such Loans made or to be made on such date. Upon receipt from each Applicable Lender of such amount, and upon receipt of the documents required by §§12 (with respect to such Loans to be made on the Closing Date) and 13 and the satisfaction of the other conditions set forth herein, to the extent applicable, the Applicable Agent will make available to the Applicable Borrower the aggregate amount of such Loans made available to the Applicable Agent by the Applicable Lenders. The failure or refusal of any Applicable Lender to make available to the Applicable Agent at the aforesaid time and place on any Drawdown Date the amount of its Commitment Percentage of the requested Loans shall not relieve any other Applicable Lender from its several obligation hereunder to make available to the Applicable Agent the amount of such other Applicable Lender’s Commitment Percentage of any requested Loans. In the event that the Applicable Agent becomes aware of any Applicable Lender’s failure to make available the amount of its Commitment Percentage of any requested Loan, the Applicable Agent shall notify the Applicable Borrower of the identity of such Lender and the amount such Lender has not made available to the Applicable Agent.

Funding Procedures. Not later than 2:00 p.m. (New York Eastern time), with respect to the Domestic Borrowers or the Canadian Borrower, or 1:00 p.m. (London time), with respect to the European Borrower, or 1:00 p.m. (Sydney time), with respect to the Australian Borrower, on the proposed Drawdown Date of any Domestic Revolving Loan, European Loan, Canadian Revolving Loan or Australian Revolving Loan, each of the Applicable Lenders will make available to the Applicable Agent at the Applicable Agent’s Office, in immediately available funds, the amount of such Lender’s Commitment Percentage of such Loans made or to be made on such date. Upon receipt from each Applicable Lender of such amount, and upon receipt of the documents required by §§12 (with respect to such Loans to be made on the Closing Date) and 13 hereof and the satisfaction of the other conditions set forth herein, to the extent applicable, the Applicable Agent will make available to the Applicable Borrower the aggregate amount of such Loans made available to the Applicable Agent by the Applicable Lenders. The failure or refusal of any Applicable Lender to make available to the Applicable Agent at the aforesaid time and place on any Drawdown Date the amount of its Commitment Percentage of the requested Loans shall not relieve any other Applicable Lender from its several obligation hereunder to make available to the Applicable Agent the amount of such other Applicable Lender’s Commitment Percentage of any requested Loans. In the event that the Applicable Agent becomes aware of any Applicable Lender’s failure to make available the amount of its Commitment Percentage of any requested Loan, the Applicable Agent shall notify the Applicable Borrower of the identity of such Lender and the amount such Lender has not made available to the Applicable Agent.

Funding Procedures. Not later than 2:00 3:00 p.m. (New York Boston time), with respect to the Domestic Borrowers or the Canadian Borrower, or 1:00 p.m. (London time), with respect to the European Borrower, or 1:00 p.m. (Sydney time), with respect to the Australian Borrower, ) on the proposed Drawdown Date of any Domestic Revolving LoanCredit Loans, European Loan, Canadian Revolving Loan or Australian Revolving Loansubject to the terms and conditions hereof, each of the Applicable Domestic Lenders will make available to the Applicable Agent Agent, at the Applicable Agent’s 's Office, in immediately available funds, the amount of such Domestic Lender’s 's Domestic Revolving Credit Commitment Percentage of such Loans made or to be made on such datethe amount of the requested Domestic Revolving Credit Loans. Upon receipt from each Applicable Domestic Lender of such amount, and upon receipt of the documents required by §§Sections 12 (with respect to such Loans to be made on the Closing Date) and 13 and the satisfaction of the other conditions set forth hereintherein, to the extent applicable, (a) the Applicable Agent will make available to the Applicable Borrower Domestic Borrowers the aggregate amount of such Domestic Revolving Credit Loans made available to the Applicable Agent by the Applicable Domestic Lenders. Not later than 3:00 p.m. (Boston time) on the proposed Drawdown Date of any Canadian Loans and upon receipt of the documents required by Sections 12 and 13 and the satisfaction of the other conditions set forth therein, to the extent applicable, each of the Canadian Lenders will make available to the Canadian Borrower, in immediately available funds, the amount of such Canadian Lender's Canadian Commitment Percentage of the amount of the requested Canadian Loans. The failure or refusal of any Applicable Lender to make available to the Applicable Agent or the Canadian Borrower, as the case may be, at the aforesaid time and place on any Drawdown Date the amount of its Domestic Revolving Credit Commitment Percentage of the requested Domestic Revolving Credit Loans or the amount of its Canadian Commitment Percentage of the requested Canadian Loans shall not relieve any other Applicable Lender from its several obligation hereunder to make available to the Applicable Agent or the Canadian Borrower, as the case may be, the amount of such other Applicable Lender’s 's Domestic Revolving Credit Commitment Percentage or Canadian Commitment Percentage of any requested Revolving Credit Loans. In the event that the Applicable Agent becomes aware of any Applicable Lender’s failure to make available the amount of its Commitment Percentage of any requested Loan, the Applicable Agent shall notify the Applicable Borrower of the identity of such Lender and the amount such Lender has not made available to the Applicable Agent.

Funding Procedures. Not later than 2:00 p.m. (New York time), with respect to the Domestic Borrowers or the Canadian Borrower, or 1:00 p.m. (London time), with respect to the European Borrower or UK Borrower, or 1:00 p.m. (Sydney time), with respect to the Australian Borrower, on the proposed Drawdown Date of any Domestic Revolving Loan, European Loan, Canadian Revolving Loan, Australian Revolving Loan or Australian UK Revolving Loan, each of the Applicable Lenders will make available to the Applicable Agent at the Applicable Agent’s Office, in immediately available funds, the amount of such Lender’s Commitment Percentage of such Loans made or to be made on such date. Upon receipt from each Applicable Lender of such amount, and upon receipt of the documents required by §§12 (with respect to such Loans to be made on the Closing Date) and 13 and the satisfaction of the other conditions set forth herein, to the extent applicable, the Applicable Agent will make available to the Applicable Borrower the aggregate amount of such Loans made available to the Applicable Agent by the Applicable Lenders. The failure or refusal of any Applicable Lender to make available to the Applicable Agent at the aforesaid time and place on any Drawdown Date the amount of its Commitment Percentage of the requested Loans shall not relieve any other Applicable Lender from its several obligation hereunder to make available to the Applicable Agent the amount of such other Applicable Lender’s Commitment Percentage of any requested Loans. In the event that the Applicable Agent becomes aware of any Applicable Lender’s failure to make available the amount of its Commitment Percentage of any requested Loan, the Applicable Agent shall notify the Applicable Borrower of the identity of such Lender and the amount such Lender has not made available to the Applicable Agent.

Funding Procedures. Not later than 2:00 p.m. 11:00 a.m. (New York time), with respect to the Domestic Borrowers or the Canadian Borrower, or 1:00 p.m. (London time), with respect to the European Borrower, or 1:00 p.m. (Sydney time), with respect to the Australian Borrower, Applicable ------------------ Belgium Time) on the proposed Drawdown Date of any Domestic Revolving Loan, European Loan, Canadian Revolving Loan or Australian Revolving LoanMulticurrency Loans, each of the Applicable Revolving Multicurrency Lenders and the Fronting Bank will make available to the Applicable Agent Foreign Agent, at the Applicable Foreign Agent’s 's Belgian Lending Office, in immediately available fundsSame Day Funds (a) in the case of each Multicurrency Lender, the amount of such Multicurrency Lender’s 's Revolving Multicurrency Commitment Percentage of the amount of the requested Revolving Multicurrency Loans and (b) in the case of the Fronting Bank, the Non-Multicurrency Lenders' Revolving Multicurrency Commitment Percentages of the amount of the requested Revolving Multicurrency Loan, and, in the case of a Revolving Multicurrency Loan denominated in an Optional Currency, in Same Day Funds of the country in which such Loans made or to be made on such dateOptional Currency is legal tender. Upon receipt from each Applicable Multicurrency Lender and the Fronting Bank, as the case may be, of such amount, and upon receipt of the documents required by §§12 (with respect to such Loans S)12 (for the initial Revolving Multicurrency Loan to be made on the Closing Date) and 13 (S)13 and the satisfaction of the other conditions set forth hereintherein, to the extent applicable, the Applicable Foreign Agent will make available to the Applicable Borrower Samsonite Europe the aggregate amount of such Revolving Multicurrency Loans made available to the Applicable Foreign Agent by the Applicable LendersMulticurrency Lenders and the Fronting Bank. The failure or refusal of any Applicable Multicurrency Lender or the Fronting Bank to make available to the Applicable Foreign Agent at the aforesaid time and place on any Drawdown Date the amount of (a) in the case of each Multicurrency Lender, its Revolving Multicurrency Commitment Percentage of the requested Revolving Multicurrency Loans and (b) in the case of the Fronting Bank, the Non-Multicurrency Lenders' Revolving Multicurrency Commitment Percentages of the requested Revolving Multicurrency Loans, shall not relieve any other Applicable Multicurrency Lender or the Fronting Bank from its several obligation hereunder to make available to the Applicable Foreign Agent the amount of such other Applicable Multicurrency Lender’s Commitment Percentage 's or Fronting Bank's applicable portion of any requested Revolving Multicurrency Loans. In the event that the Applicable Agent becomes aware of any Applicable Lender’s failure to make available the amount of its Commitment Percentage of any requested Loan, the Applicable Agent shall notify the Applicable Borrower of the identity of such Lender and the amount such Lender has not made available to the Applicable Agent.