Common use of Fundings by Xxxxxxx Clause in Contracts

Fundings by Xxxxxxx. Except for Swingline Loans, Agent shall endeavor to notify Lenders of each Notice of Borrowing (or deemed request for a Borrowing) by 1:00 p.m. on the proposed funding date. Each Lender shall fund its Pro Rata share of a Borrowing in immediately available funds not later than 3:00 p.m. on the requested funding date, unless Agent's notice is received after the times provided above, in which case Lender shall fund by 11:00 a.m. on the next Business Day. Subject to its receipt of such amounts from Lenders, Agent shall disburse the Borrowing proceeds in a manner directed by Borrower Agent and acceptable to Agent. Unless Agent receives (in sufficient time to act) written notice from a Lender that it will not fund its share of a Borrowing, Agent may assume that such Xxxxxx has deposited or promptly will deposit its share with Agent, and Agent may disburse a corresponding amount to Borrowers. If a Lender's share of a Borrowing or of a settlement under Section 4.1.3(b) is not received by Agent, then Borrowers 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 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 2 contracts

Samples: Loan, Security and Guarantee Agreement (National CineMedia, Inc.), Loan, Security and Guarantee Agreement (Applied Optoelectronics, Inc.)

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Fundings by Xxxxxxx. Except for Swingline Loans, Agent shall endeavor to notify Lenders of each Notice of Borrowing (or deemed request for a Borrowing) by 1:00 p.m. on the proposed funding datedate for a Base Rate Loan or by 3:00 p.m. two Business Days before a proposed funding of a LIBOR Term SOFR Loan. Each Lender shall fund its Pro Rata share of a Borrowing in immediately available funds not later than 3:00 p.m. on the requested funding date, unless Agent's ’s notice is received after the times provided above, in which case Lender shall fund by 11:00 a.m. on the next Business Day. Subject to its receipt of such amounts from Lenders, Agent shall disburse the Borrowing proceeds in a manner directed by Borrower Agent Xxxxxxxx and acceptable to Agent. Unless Agent receives (in sufficient time to act) written notice from a Lender that it will not fund its share of a Borrowing, Agent may assume that such Xxxxxx has deposited or promptly will deposit its share with Agent, and Agent may disburse a corresponding amount to BorrowersBorrower. If a Lender's ’s share of a Borrowing or of a settlement under Section 4.1.3(b) is not received by Agent, then Borrowers agree Xxxxxxxx agrees 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 the Borrowing. A Agent, 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.. 4.1.3

Appears in 1 contract

Samples: Loan and Security Agreement (Summit Midstream Partners, LP)

Fundings by Xxxxxxx. Except for Swingline Loans, Agent shall endeavor to notify Lenders of each Notice of Borrowing (or deemed request for a Borrowing) by 1:00 p.m. 12:00 noon on the proposed funding datedate for a Base Rate Loan or by 2:00 p.m. two Business Days before a proposed funding of a LIBOR SOFR Loan. Each Lender shall fund its Pro Rata share of a Borrowing in immediately available funds not later than 3:00 p.m. on the requested funding date, unless Agent's notice is received after the times provided above, in which case Lender shall fund by 11:00 a.m. on the next Business Day. Subject to its receipt of such amounts from Lenders, Agent shall disburse the Borrowing proceeds in a manner directed by Borrower Agent and acceptable to Agent. Unless Agent receives (in sufficient time to act) written notice from a Lender that it will not fund its share of a Borrowing, Agent may assume that such Xxxxxx has deposited or promptly will deposit its share with Agent, and Agent may disburse a corresponding amount to Borrowers. If a Lender's share of a Borrowing or of a settlement under Section 4.1.3(b) is not received by Agent, then Borrowers 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 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.. ​ ​ 50 ​

Appears in 1 contract

Samples: Loan and Security Agreement (Adara Acquisition Corp.)

Fundings by Xxxxxxx. Except for Swingline Loans, Each Lender shall timely honor its Commitment by funding its Pro Rata share of each Borrowing of Loans that is properly requested hereunder. Agent shall endeavor to notify Lenders of each Notice of Borrowing (or deemed request for a Borrowing) by 1:00 2:00 p.m. on the proposed funding datedate for Base Rate Loans or by 3:00 p.m. at least two (2) Business Days before the proposed funding date for SOFR Loans. Each Lender shall fund its to Agent such Xxxxxx’s Pro Rata share of a the Borrowing to the account specified by Agent in immediately available funds not later than 3:00 p.m. on the requested funding date, unless Agent's ’s notice is received after the times provided abovein the immediately preceding sentence, in which case event Lender shall fund its Pro Rata share by 11:00 a.m. on the next Business DayDay immediately following the requested funding date. Subject to its receipt of such amounts from Lenders, Agent shall disburse the Borrowing proceeds in a manner of the Loans as directed by Borrower Agent and acceptable to AgentAdministrative Borrower. Unless Agent receives shall have received (in sufficient time to act) written notice from a Lender that it will does not intend to fund its Pro Rata share of a Borrowing, Agent may assume that such Xxxxxx has deposited or promptly will deposit its share with Agent, and Agent may disburse a corresponding amount to Borrowers. If a Lender's Xxxxxx’s share of a any Borrowing or of a settlement under Section 4.1.3(b) is not in fact received by Agent, then Borrowers 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 the 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 (Yellow Corp)

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Fundings by Xxxxxxx. Each 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 Lenders of each Notice of Borrowing (or deemed request for a Borrowing) by 1:00 p.m. 12:00 noon on the proposed funding date. Each Lender shall fund its to Agent such Xxxxxx’s Pro Rata share of a the Borrowing to the account specified by Agent in immediately available funds not later than 3:00 2:00 p.m. on the requested funding date, unless Agent's ’s notice is received after the times time provided above, in which case Lender shall fund its Pro Rata share by 11:00 a.m. on the next Business Day. Subject to its receipt of such amounts from Lenders, Agent shall disburse the Borrowing proceeds in a manner of the Revolver Loans as directed by Borrower Agent and acceptable to AgentXxxxxxxx. Unless Agent receives shall have received (in sufficient time to act) written notice from a Lender that it will does not intend to fund its Pro Rata share of a Borrowing, Agent may assume that such Xxxxxx has deposited or promptly will deposit its share with Agent, and Agent may disburse a corresponding amount to BorrowersBorrower. If a Lender's ’s share of a any Borrowing or of a any settlement under pursuant to Section 4.1.3(b) is not received by Agent, then Borrowers agree Xxxxxxxx agrees 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 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: Loan and Security Agreement (Flat Rock Core Income Fund)

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