Loan Procedure. (a) Each borrowing of Revolver Loans or Term Loans hereunder, conversion of Revolver Loans or Term Loans from one Type to the other, and continuation of Revolver Loans or Term Loans that are Eurocurrency Rate Loans shall be made upon Borrower’s irrevocable notice to Administrative Agent, which may be given by (A) telephone or (B) a Loan Notice; provided that any telephone notice must be confirmed immediately by delivery to Administrative Agent of a Loan Notice. Each Loan Notice must be received by Administrative Agent not later than 11:00 a.m. (i) three Business Days prior to the requested date of any Revolver Loans or Term Loans of, conversion to, or continuation of Revolver Loans or Term Loans that are Eurocurrency Rate Loans or of any conversion of Revolver Loans or Term Loans that are Eurocurrency Rate Loans to Base Rate Loans, and (ii) on the requested date of any Base Rate Loan. Each borrowing of, conversion to, or continuation of Revolver Loans or Term Loans that are Eurocurrency Rate Loans shall be in amounts set forth in Section 2.1. Each Loan Notice shall specify (i) whether Borrower is requesting a Revolver Loan or a Term Loan, (ii) whether Borrower is requesting a Loan, a conversion of Loans from one Type to the other, or a continuation of Loans as Eurocurrency Rate Loans, (iii) the requested date of the borrowing (such date, a “Loan Date”), conversion, or continuation, as the case may be (which shall be a Business Day), (iv) the principal amount of Loans to be borrowed, converted, or continued, (v) the Type of Loans to be borrowed or to which existing Revolver Loans or Term Loans are to be converted, and (vi) if applicable, the duration of the Interest Period with respect thereto. If Borrower fails to specify a Type of Loan in a Loan Notice or if Borrower fails to give a timely notice requesting a conversion or continuation, then the applicable Revolver Loans or Term Loans shall be made as, or converted to, Base Rate Loans; provided, however, that in the case of a failure to timely request a continuation of Loans denominated in an Alternative Currency, such Loans shall be continued as Eurocurrency Rate Loans in their original currency with an Interest Period of one month. Any such automatic conversion to Base Rate Loans shall be effective as of the last day of the Interest Period then in effect with respect to the applicable Revolver Loans that are Eurocurrency Rate Loans. If Borrower requests a borrowing of, conversion to, or continuation of ...
Loan Procedure. AESOP Leasing II shall deliver a Loan Request to the Lender no later than 4:00 p.m., New York City time, on a day that is not less than one, nor more than five, Business Days prior to the proposed Borrowing Date (which shall be a Business Day). Each Loan Request shall be irrevocable, and shall specify (i) the principal amount of the proposed Loan, (ii) the Borrowing Date of the proposed Loan, (iii) a summary of the Vehicles being financed (including for Vehicles subject to the GM Repurchase Program, the Designated Period for each such Vehicle), (iv) that each Vehicle is a Program Vehicle, (v) the VIN for each Vehicle to be financed, (vi) in the case of new Vehicles, the total Capitalized Cost thereof as of the Borrowing Date, and (vii) in the case of Initial Vehicles, the Net Book Value of such Vehicles as of the first day of the Related Month. The aggregate requested borrowings hereunder on any Business Day shall be for an initial aggregate principal amount that, together with the Loan Principal Amount of Loans outstanding hereunder and under the AESOP I Loan Agreements on such date, shall not exceed the principal amount of Notes outstanding on such date. On the terms and subject to the conditions of this Agreement, on or before 2:00 p.m., New York City time, on the Borrowing Date specified in the Loan Request, the Lender shall transfer same day or immediately available funds to AESOP Leasing II's account specified in such Loan Request in the amount specified in such Loan Request. Each Loan Request made pursuant to this Section 3.2 shall constitute AESOP Leasing II's representation and warranty that all of the applicable conditions contained in Section 11 will, after giving effect to such Loan, be satisfied.
Loan Procedure. (a) Borrower may request a Loan by submitting to Agent a Loan Request, which is irrevocable and binding on Borrower. It must be received by Agent no later than 1:00 p.m. on the third Business Day preceding the date on which funds are requested (the "LOAN DATE") for any LIBOR Loan or no later than 1:00 p.m. on the Business Day immediately preceding the Loan Date for any Base Rate Loan. Agent shall promptly notify each Lender of its receipt of any Loan Request and its contents.
(b) Each Lender shall remit its applicable Pro Rata Part of each requested Loan under a Tranche for which such Lender has provided a commitment to Agent's principal office in Dallas, Texas, in funds that are available for immediate use by Agent by 11:00 a.m. on the applicable Loan Date. Subject to receipt of such funds, Agent shall (unless to its actual knowledge any of the applicable conditions precedent have not been satisfied by Borrower or waived by Required Lenders) make such funds available to Borrower as directed in the Loan Request.
(c) Absent contrary written notice from a Lender, Agent may assume that each Lender which has provided a commitment for the relevant Tranche has made its Pro Rata Part of the requested Loan available to Agent on the applicable Loan Date, and Agent may, in reliance upon such assumption (but shall not be required to), make available to Borrower a corresponding amount. If a Lender fails to make such Pro Rata Part of any requested Loan available to Agent on the applicable Loan Date, Agent may recover the applicable amount on demand (i) from that Lender, together with interest at the Federal Funds Rate during the period commencing on the date the amount was made available to Borrower by Agent and ending on (but excluding) the date Agent recovers the amount from that Lender, or (ii), if that Lender fails to pay its amount upon demand, then from Borrower, together with interest at an annual interest rate equal to the rate applicable to the requested Loan during the period commencing on the Loan Date and ending on (but excluding) the date Agent recovers the amount from Borrower. No Lender is responsible for the failure of any other Lender to fund any part of any Loan.
Loan Procedure. (a) Whenever the Borrower desires a Loan, the Borrower shall deliver to the Lender a Borrowing Certificate, signed by an authorized officer of the Borrower, and which has been approved in writing by the Completion Guarantor, no later than (i) 11:00 a.m. (Pacific Time) one (1) Business Day before the requested funding date in the case of requests for Prime Rate Loans, or (ii) 11:00 a.m. (Pacific Time) three (3) Business Days in advance of the requested funding date in the case of requests for LIBOR Loans; provided, however, the Lender shall have no obligation to make more than one (1) Loan in any four (4) Business Day period.
(b) The Borrowing Certificate shall specify (i) the requested funding date (which shall be a Business Day), (ii) the aggregate amount of the requested Loans, (iii) whether the Loans requested are to be Prime Rate Loans or LIBOR Loans, and (iv) if the requested Loans are to be LIBOR Loans, the requested Interest Period. Any Borrowing Certificate made pursuant to Subsection 2.2(a) hereof shall be irrevocable and the Borrower shall be bound to borrow the funds requested therein in accordance therewith.
(c) The Lender shall make each such Loan available to the Borrower by wire transfer to the Production Bank Account specified in the Borrowing Certificate in the amount of such Loan in same day funds (except for any part thereof paid by the Lender to third Persons or to itself as permitted hereunder or under any of the Loan Documents). Notwithstanding anything to the contrary contained in this Agreement, the Lender shall not be required to purchase Dollar deposits in the London Interbank market or the applicable LIBOR market to fund any LIBOR Loans, and the provisions hereof shall be deemed to apply as if the Lender had purchased such deposits to fund the LIBOR Loans.
(d) Subject to the terms of this Agreement, the Lender shall be obligated to make Loans hereunder, only for the following purposes and in the following amounts, all in connection with the acquisition, production, completion, and distribution of Season Two, and effecting Delivery to Netflix, and the proceeds thereof shall not be available for any other purpose: (i) to pay a portion of the direct production costs of Season Two, which shall not exceed the Available Commitment; (ii) the payment of interest; (iii) the payment of the Attorney Costs and the Loan Fee; (iv) the bond fee due to the Completion Guarantor for the Completion Guaranty to the extent included in the Budget and ...
Loan Procedure. Subject to compliance with Section 5 (or waiver by Lenders of any of the terms hereof), Borrowers may request:
(a) the Initial Term Loan by submitting a Loan Request to Lenders on or before the Closing Date; and
(b) any Additional Term Loan by submitting a Loan Request to Lenders at least ten (10) Business Days prior to the proposed Loan Date for such Additional Term Loan (or such shorter period as Agent may agree in its sole discretion), which Loan Request shall include a brief description of the proposed use of proceeds of such Additional Term Loan. Lenders shall evaluate such Loan Request and the proposed use of proceeds and respond, in their sole discretion, with their proposed terms and conditions of such Additional Term Loan, if any.
Loan Procedure. From time to time during the Term of this Agreement, on a Business Day (the “Request Day”) an Authorized Agent of Borrower may by email, directed to the Lender email address identified for such requests in Exhibit A, make a Lending Request for a Borrowed Asset using the Loan Term Sheet attached as Exhibit B hereto. Lender shall by email, directed to an Authorized Agent identified in Exhibit A, inform Borrower whether Lender agrees to make such a Loan by [****]. If Borrower does not receive an email informing it of Lender’s agreement within such period, Borrower’s Lending Request is withdrawn. As part of its Lending Request, Borrower shall provide the following information:
(i) The type of Borrowed Asset requested;
(ii) the amount of Borrowed Asset requested;
(iii) whether the Loan is a Term Deal or an Open Deal;
(iv) the Loan Effective Date;
(v) the Maturity Date (if a Term Deal); and
(vi) the other information on the Loan Term Sheet. If Lender agrees to make a Loan, Lender shall transfer to Borrower’s bank account by bank wire, in immediately available funds, the amount of US Dollars as such bank wire instruction is set forth in the Lending Request, on the date of the Lending Request, or such other time and day as may be agreed between the Lender and the Borrower from time to time. The specific and final terms of a Loan shall be memorialized using the Loan Term Sheet. In the event of a conflict of terms between this Agreement and a Loan Term Sheet, the terms in the Loan Term Sheet shall govern.
Loan Procedure. In the event that the Borrower does not otherwise reimburse the applicable Issuing Lender in cash in accordance with the provisions of Section 3.07 of this Agreement for the amount of any Liquidity Drawing prior to the time for payment specified in Section 3.07, the Borrower will be deemed to have requested a Loan in an amount equal to the amount of such Liquidity Drawing for the purposes specified in Section 2.11(b).
Loan Procedure. (a) Subject to compliance with Section 5, Borrower may request a Loan under the Revolving Credit Facility by submitting a Loan Request to Lender. A Loan Request is irrevocable and binding on Borrower. Each Loan Request must be received by Lender no later than 11:00 a.m. on the proposed Loan Date. Each Loan Date must be a Business Day. Each Loan Date under the Revolving Credit Facility must occur on or before the Revolving Credit Termination Date.
(b) Each Loan under the Revolving Credit Facility is subject to the following conditions:
(i) each Loan must occur on a Business Day and must occur on or before the Revolving Credit Termination Date;
(ii) unless otherwise approved by Lender, each Loan (unless the remaining amount under clause (ii) below is less) must be in an amount not less than $10,000 or a greater integral multiple of $1,000;
(iii) no Loan may exceed an amount equal to the excess of the Revolving Credit Limit over the Revolving Principal Amount; and
(iv) after giving effect to any Loan, the Revolving Principal Amount may not exceed the Revolving Credit Limit.
(c) Each Loan under the Revolving Credit Facility will be deposited by Lender into Borrower’s account with Lender set out on Schedule 1.
(d) Each Loan shall be a LIBOR Loan unless LIBOR is unavailable. If LIBOR is unavailable, each Loan shall be immediately converted into and shall be outstanding as a Base Rate Loan until LIBOR once again becomes available, at which time each such Loan shall be automatically converted into a LIBOR Loan.
(e) From time to time, Lender may provide certain treasury or cash management services to Borrower under which Borrower incurs Loans under the Revolving Credit Facility. While a cash management agreement or arrangement is in effect, Borrower may repay the Revolving Principal Amount under the terms of the cash management agreement or arrangement without notice. Each Borrower hereby authorizes Lender to honor all checks or other drafts received against the accounts subject to the cash management agreement or arrangement. Subject to Section 2.2(d) , Loans borrowed under the terms of any cash management agreement or arrangement between Borrower and Lender shall be borrowed as LIBOR Loans.
Loan Procedure. (a) The Borrower may request Loans up to the Available Amount during the Availability Period by delivering to IFC, at least ten (10) Business Days prior to the proposed date of a Loan, a Loan request substantially in the form of Schedule 2, and a receipt substantially in the form of Schedule 3.
(b) Each Loan shall be made by IFC at a bank in New York, New York for further credit to the VAALCO Operating Account or any other place acceptable to IFC, all as specified by the Borrower in the relevant Loan request.
(c) Where any Loan is outstanding on any Interest Payment Date, the Borrower in respect of that Loan will be conclusively deemed to have given IFC a duly completed request (and receipt) for a Rollover Loan (of an aggregate amount equal to the outstanding amount of all Loans, including any Rollover Loan, which are scheduled to mature on that Interest Payment Date) to be applied in refinancing the outstanding Loan or Loans in full unless, (i) not later than thirty (30) days prior to such Interest Payment Date, the Borrower notifies IFC that it does not wish this provision to apply in respect of all or a portion of any Loan, and/or (ii) IFC at any time notifies the Borrower that all or a portion of any Loan is not eligible to be treated as a Rollover Loan because the conditions necessary for the making of such Rollover Loan as required pursuant to Section 5.02 and 5.03 hereof (including that the amount of such Rollover Loan does not exceed the Available Amount) are not fulfilled.
(d) Each Loan (other than a Rollover Loan) shall be made in an amount of not less than five million Dollars ($5,000,000), or, if lower, in an amount that equals the maximum amount drawable of the Available Amount.
Loan Procedure. In order to request a Loan to refinance Loans made under Section 2.04(b) or to refinance any such Loan, the Borrower shall hand deliver or telecopy to the Lender a duly completed Lending Request in the form of Exhibit A (i) in the case of a Eurodollar Loan, not later than 11:00 a.m., New York City time, three Business Days before such Loan, and (ii) in the case of an ABR Loan, not later than 11:00 a.m., New York City time, one Business Day before such Loan. Such notice shall be irrevocable and shall in each case specify (A) whether the Loan then being requested is to be a Eurodollar Loan or an ABR Loan; (B) the date of such Loan (which shall be a Business Day) and the amount thereof; and (C) if such Loan is to be a Eurodollar Loan, the Interest Period with respect thereto, which shall not end after the Maturity Date. If no election as to the Type of Loan is specified in any such notice, then the requested Loan shall be an ABR Loan. If no Interest Period with respect to any Eurodollar Loan is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's duration (subject to the limitations set forth in the definition of "Interest Period"). If the Borrower shall not have given notice in accordance with this Section 2.03 of its election to refinance a Loan prior to the end of the Interest Period in effect for such Loan, then the Borrower shall (unless such Loan is repaid at the end of such Interest Period) be deemed to have given notice of an election to refinance such Loan with an ABR Loan. Notwithstanding any other provision of this Agreement to the contrary, no Loan shall be requested if the Interest Period with respect thereto would end after the scheduled Maturity Date.
