Common use of Fundings by Lenders Clause in Contracts

Fundings by Lenders. Each Applicable Lender shall timely honor its Revolver Commitment by funding its Pro Rata share of each Borrowing of Revolver Loans that is properly requested hereunder. Except for Borrowings to be made as Swingline Loans, Agent shall endeavor to notify the Applicable Lenders of each Notice of Borrowing (or deemed request for a Borrowing) by (i) 11:00 a.m. on the proposed funding date for U.S. Base Rate Loans, (ii) 10:00 a.m. on the proposed funding date for Canadian Base Rate Loans or Canadian Prime Rate Loans, (iii) 11:00 a.m. at least two Business Days before any proposed funding of LIBOR Loans to the U.S. Borrowers, or (iv) 10:00 a.m. at least two Business Days before any proposed funding of LIBOR Loans to the Canadian Borrowers or Canadian BA Rate Loans. Each Applicable Lender shall fund to Agent such Lender’s Pro Rata share of the Borrowing to the account specified by Agent in immediately available funds not later than (x) 12:00 noon on the requested funding date in the case of Loans to the Canadian Borrowers, and (y) 1:00 p.m. on the requested funding date in the case of Loans to the U.S. Borrowers, unless Agent’s notice is received after the times provided above, in which case Lender shall fund its Pro Rata share by 8:00 a.m. on the next Business Day in the case of Loans to the Canadian Borrowers, and 9:00 a.m. on the next Business Day in the case of Loans to the U.S. Borrowers. Subject to its receipt of such amounts from the Applicable Lenders, Agent shall disburse the proceeds of the Revolver Loans as directed by Borrower Agent. Unless Agent shall have received (in sufficient time to act) written notice from an Applicable Lender that it does not intend to fund its Pro Rata share of a Borrowing, Agent may assume that such Lender has deposited or promptly will deposit its share with Agent, and Agent may disburse a corresponding amount to the applicable Borrower(s). If an Applicable Lender’s share of any Borrowing or of any settlement pursuant to Section 4.1.3(b) is not received by Agent, and the Agent has disbursed such amount to, or on behalf of, the Borrowers, then the Borrowers within the applicable Borrower Group agree to repay to Agent on demand the amount of such share, together with interest thereon from the date disbursed until repaid, at the rate applicable to such Borrowing. A Lender or Issuing Bank may fulfill its obligations under Loan Documents through one or more Lending Offices, and this shall not affect any obligation of Obligors under the Loan Documents or with respect to any Obligations.

Appears in 1 contract

Samples: Loan and Security Agreement (Radiant Logistics, Inc)

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Fundings by Lenders. Each Applicable Lender shall timely honor its Revolver Commitment by funding its Pro Rata share of each Borrowing of Revolver Loans that is properly requested hereunder. Except for Borrowings to be made as Swingline Loans, Agent shall endeavor to notify the Applicable Lenders of each Notice of Borrowing (or deemed request for a Borrowing) by 12:00 noon (iApplicable Time Zone) 11:00 a.m. on the proposed funding date (and on the Business Day prior to the proposed funding date, in the case of U.K. Base Rate Loans) for U.S. Base Rate Loans, (ii) 10:00 a.m. on the proposed funding date for Canadian Base Rate Loans or Loans, Canadian Prime Rate Loans or U.K. Base Rate Loans, or by 3:00 p.m. (iiiApplicable Time Zone) 11:00 a.m. at least two Business Days before any proposed funding of LIBOR Loans to the U.S. Borrowers, or (iv) 10:00 a.m. at least two Business Days before any proposed funding of LIBOR Loans to the Canadian Borrowers or Canadian BA Rate Loans. Each Applicable Lender shall fund to Agent such Lender’s Pro Rata share of the Borrowing to the account specified by Agent in immediately available funds not later than 2:00 p.m. (xApplicable Time Zone) 12:00 noon on the requested funding date in the case of Loans to the Canadian Borrowers, and (y) 1:00 p.m. on the requested funding date in the case of Loans to the U.S. Borrowersdate, unless Agent’s notice is received after the times provided above, in which case Lender shall fund its Pro Rata share by 8:00 11:00 a.m. (Applicable Time Zone) on the next Business Day in the case of Loans to the Canadian Borrowers, and 9:00 a.m. on the next Business Day in the case of Loans to the U.S. BorrowersDay. Subject to its receipt of such amounts from the Applicable Lenders, Agent shall disburse the proceeds of the Revolver Loans as directed by Borrower Agent. Unless Agent shall have received (in sufficient time to act) written notice from an Applicable Lender that it does not intend to fund its Pro Rata share of a Borrowing, Agent may assume that such Lender has deposited or promptly will deposit its share with Agent, and Agent may disburse a corresponding amount to the applicable Borrower(s). If an Applicable Lender’s share of any Borrowing or of any settlement pursuant to Section 4.1.3(b) is not received by Agent, and the Agent has disbursed such amount to, or on behalf of, the Borrowers, then the Borrowers within the applicable Borrower Group agree to repay to Agent on demand the amount of such share, together with interest thereon from the date disbursed until repaid, at the rate applicable to such Borrowing. A Lender or Issuing Bank may fulfill its obligations under Loan Documents through one or more Lending Offices, and this shall not affect any obligation of Obligors under the Loan Documents or with respect to any Obligations.

Appears in 1 contract

Samples: Loan and Security Agreement (Callaway Golf Co)

Fundings by Lenders. Each Applicable Lender shall timely honor its Revolver Commitment by funding its Pro Rata share of each Borrowing of Revolver Loans that is properly requested hereunder. Except for Borrowings to be made as Swingline Loans, Agent shall endeavor to notify the Applicable Lenders of each Notice of Borrowing (or deemed request for a Borrowing) by (i) 11:00 a.m. 12:00 noon on the proposed funding date for U.S. Base Rate Loans, (ii) 10:00 a.m. on the proposed funding date for Canadian Base Rate Loans or Canadian Prime Rate Loans, (iii) 11:00 a.m. or by 3:00 p.m. at least two Business Days before any proposed funding of LIBOR Loans to the U.S. Borrowers, or (iv) 10:00 a.m. at least two Business Days before any proposed funding of LIBOR Loans to the Canadian Borrowers or Canadian BA Rate Loans. Each Applicable Lender shall fund to Agent such Lender’s Pro Rata share of the Borrowing to the account specified by Agent in immediately available funds not later than (x) 12:00 noon on the requested funding date in the case of Loans to the Canadian Borrowers, and (y) 1:00 2:00 p.m. on the requested funding date in the case of Loans to the U.S. Borrowersdate, unless Agent’s notice is received after the times provided above, in which case Lender shall fund its Pro Rata share by 8:00 11:00 a.m. on the next Business Day in the case of Loans to the Canadian Borrowers, and 9:00 a.m. on the next Business Day in the case of Loans to the U.S. BorrowersDay. Subject to its receipt of such amounts from the Applicable Lenders, Agent shall disburse the proceeds of the Revolver Loans as directed by Borrower Agent. Unless Agent shall have received (in sufficient time to act) written notice from an Applicable Lender that it does not intend to fund its Pro Rata share of a Borrowing, Agent may assume that such Lender has deposited or promptly will deposit its share with Agent, and Agent may disburse a corresponding amount to the applicable Borrower(s). If an Applicable Lender’s share of any Borrowing or of any settlement pursuant to Section 4.1.3(b) is not received by Agent, and the Agent has disbursed such amount to, or on behalf of, the Borrowers, then the Borrowers within the applicable Borrower Group agree to repay to Agent on demand the amount of such share, together with interest thereon from the date disbursed until repaid, at the rate applicable to such Borrowing. A Lender or Issuing Bank may fulfill its obligations under Loan Documents through one or more Lending Offices, and this shall not affect any obligation of Obligors under the Loan Documents or with respect to any Obligations.

Appears in 1 contract

Samples: Loan and Security Agreement (Callaway Golf Co)

Fundings by Lenders. Each Applicable Lender shall timely honor its U.S. Revolver Commitment or Canadian Commitment, as the case may be, by funding its Pro Rata share of each Borrowing of Revolver Loans that is properly requested hereunder. Except for Borrowings to be made as Swingline Loans, the Applicable Agent shall endeavor to notify the Applicable Lenders of each Notice of Borrowing (or deemed request for a Borrowing) by (i) 11:00 a.m. 12:00 noon2:00 p.m. on the proposed funding date for U.S. Base Rate Loans, (ii) 10:00 a.m. on the proposed funding date for Canadian Base Rate Loans or Canadian Prime Rate Loans, (iii) 11:00 a.m. by 3:00 p.m. at least two Business Days before any proposed funding of LIBOR Loans to the U.S. Borrowers, or (iv) 10:00 a.m. at least two Business Days before any proposed funding of LIBOR Loans to the Canadian Borrowers or Canadian BA Applicable Offered Rate Loans. Each Applicable Lender shall fund to the Applicable Agent such Lender’s Pro Rata share of the Borrowing to the account specified by the Applicable Agent in immediately available funds not later than (x) 12:00 noon on the requested funding date in the case of Loans to the Canadian Borrowers, and (y) 1:00 2:004:00 p.m. on the requested funding date in the case of Loans to the U.S. Borrowersdate, unless the Applicable Agent’s notice is received after the times provided above, in which case the Applicable Lender shall fund its Pro Rata share by 8:00 11:00 a.m. on the next Business Day in the case of Loans to the Canadian Borrowers, and 9:00 a.m. on the next Business Day in the case of Loans to the U.S. BorrowersDay. Subject to its receipt of such amounts from the Applicable Lenders, the Applicable Agent shall disburse the proceeds of the Revolver Loans as directed by Borrower AgentAgent or the Canadian Borrower, as the case may be. Unless the Applicable Agent shall have received (in sufficient time to act) written notice from an Applicable a Lender that it does not intend to fund its Pro Rata share of a Borrowing, the Applicable Agent may assume that such Lender has deposited or promptly will deposit its share with such Agent, and such Agent may disburse a corresponding amount to U.S. Borrowers or the applicable Borrower(s)Canadian Borrower, as the case may be. If an Applicable a Lender’s share of any Borrowing or of any settlement pursuant to Section 4.1.3(b) is not received by the Applicable Agent, and the Agent has disbursed such amount to, or on behalf of, the Borrowers, then the Borrowers within the applicable Borrower Group or Borrowers agree to repay to the Applicable Agent on demand the amount of such share, together with interest thereon from the date disbursed until repaid, at the rate applicable to such the Borrowing. A Subject to Section 3.8, a Lender or Issuing Bank may fulfill its obligations under Loan Documents through one or more Lending Offices, and this shall not affect any obligation of Obligors under the Loan Documents or with respect to any Obligations.

Appears in 1 contract

Samples: Loan Agreement (United Natural Foods Inc)

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Fundings by Lenders. Each Applicable Lender shall timely honor its Revolver Commitment by funding its Pro Rata share of each Borrowing of Revolver Loans that is properly requested hereunder. Except for Borrowings to be made as Swingline Loans, Agent shall endeavor to notify the Applicable Canadian Lenders or U.S. Lenders, as applicable, of each Notice of Borrowing (or deemed request for a Borrowing) by 1:00 p.m. (iApplicable Time Zone) 11:00 a.m. on the proposed funding date for U.S. Base a Floating Rate Loans, Loan or by 3:00 p.m. (iiApplicable Time Zone) 10:00 a.m. on the proposed funding date for Canadian Base Rate Loans or Canadian Prime Rate Loans, (iii) 11:00 a.m. at least two three Business Days before any a proposed funding of LIBOR Loans to the U.S. Borrowers, or (iv) 10:00 a.m. at least two Business Days before any proposed funding of LIBOR Loans to the Canadian Borrowers or Canadian BA Rate Loansan Interest Period Loan. Each Applicable Lender shall fund to Agent such Lender’s its Pro Rata share of the a Borrowing to the account specified by Agent in immediately available funds not later than 3:00 p.m. (xApplicable Time Zone) 12:00 noon on the requested funding date in the case of Loans to the Canadian Borrowers, and (y) 1:00 p.m. on the requested funding date in the case of Loans to the U.S. Borrowersdate, unless Agent’s notice is received after the times provided above, in which case Lender shall fund its Pro Rata share by 8:00 a.m. 1:00 p.m. (Applicable Time Zone) on the next Business Day in the case of Loans to the Canadian Borrowers, and 9:00 a.m. on the next Business Day in the case of Loans to the U.S. BorrowersDay. Subject to its receipt of such amounts from the Applicable Lenders, Agent shall disburse the Borrowing proceeds of the Revolver Loans as directed by Borrower Agentthe applicable Borrower. Unless Agent shall have received (in sufficient time to act) written notice from an Applicable a Lender that it does not intend to fund its Pro Rata share of a Borrowing, Agent may assume that such Lender has deposited or promptly will deposit its share with Agent, and Agent may disburse a corresponding amount to the applicable Borrower(s)Borrower. If an Applicable a Lender’s share of any a Borrowing or of any a settlement pursuant to under Section 4.1.3(b) is not received by Agent, and the Agent has disbursed such amount to, then Canadian Borrowers or on behalf of, the U.S. Borrowers, then the Borrowers within the applicable Borrower Group as applicable, agree to repay to Agent on demand the amount of such share, together with interest thereon from the date disbursed until repaid, at the rate applicable to such the Borrowing. A Lender or Issuing Bank may fulfill its obligations under Loan Documents through one or more Lending Offices, and this shall not affect any obligation of Obligors under the Loan Documents or with respect to any Obligations.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Guess Inc)

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