Common use of Loan Procedure Clause in Contracts

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.

Appears in 2 contracts

Samples: Credit Agreement (Vail Resorts Inc), Credit Agreement (Vail Resorts Inc)

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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.

Appears in 1 contract

Samples: Credit Agreement (Vail Resorts Inc)

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 DATELoan 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.

Appears in 1 contract

Samples: Credit Agreement (Vail Resorts Inc)

Loan Procedure. The following procedures apply to Loans -------------- other than Swing Line Loans (see Section 2.4) and drawings under an LC (see Section 2.3): (a) Borrower may request a Loan (i) by submitting delivering to Agent a Loan Request, which is irrevocable and binding on BorrowerRequest or (ii) by telephonic notice to Agent promptly confirmed by delivery to Agent of a Loan request. It The Loan Request or telephonic notice must be received by Agent no later than 1:00 p.m. 12:00 noon on (i) the third Business Day preceding the date on which funds are requested (the "LOAN DATE") Loan Date for any LIBOR Loan or no later than 1:00 p.m. (ii) on the Business Day immediately preceding day of the Loan Date for any Base Rate Loan. Agent shall promptly notify each Lender of its receipt of any Loan Request and its contents. A Loan Request is irrevocable and binding on Borrower. (b) Each By 11:00 a.m. on the applicable Loan Date, each Lender shall remit its applicable Pro Rata Part of each requested Loan under a Tranche for which such Lender has provided a commitment by wire transfer to Agent pursuant to Agent's principal office in Dallas, Texas, wire transfer instructions on Schedule 1 (or as otherwise directed by Agent) in funds that are available for immediate use by Agent by 11:00 a.m. on the applicable Loan DateAgent. 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 RequestRequest (unless it has actual knowledge that any applicable condition precedent either has not been satisfied by Borrower or has not been waived by Required Lenders). (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 is not be required to), make available to Borrower a corresponding amount. If a Lender fails to make such its 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 for 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 BorrowerBorrower (after written notice from Agent), together with interest at an annual interest rate equal to the rate applicable to the requested Loan during for the period commencing on the Loan Date date funds are advanced 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 make its Pro Rata Part of any Loan. Nothing in this Section 2.2 shall be deemed to relieve any Lender from its obligation to make Loans hereunder or to prejudice any Rights which Borrower may have against any Lender as a result of such Lender's failure to make Loans hereunder.

Appears in 1 contract

Samples: Credit Agreement (Morningstar Group Inc)

Loan Procedure. The following procedures apply to Loans: (a) Borrower may request a Loan by submitting to Agent a Loan Request, which is irrevocable and binding on Borrower. It The Loan Request must be received by Agent no later than 1:00 p.m. 12:00 noon on (i) the third Business Day preceding the date on which funds are requested (the "LOAN DATE") Loan Date for any LIBOR Eurodollar Loan or no later than 1:00 p.m. on (ii) 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. A Loan Request is irrevocable and binding on Borrower. (b) Each By 11:00 a.m. on the applicable Loan Date, each Lender shall remit its applicable Pro Rata Part of each requested Loan under a Tranche for which such Lender has provided a commitment by wire transfer to Agent pursuant to Agent's principal office in Dallas, Texas, wire transfer instructions on SCHEDULE 1 (or as otherwise directed by Agent) in funds that are available for immediate use by Agent by 11:00 a.m. on the applicable Loan DateAgent. 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 RequestRequest (unless it has actual knowledge that any applicable condition precedent either has not been satisfied by Borrower or has been waived by Determining Lenders). (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 is not be required to), make available to Borrower a corresponding amount. If a Lender fails to make such its 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 TOGETHER WITH interest at the Federal Funds Rate during for 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 TOGETHER WITH interest at an annual interest rate equal to the rate applicable to the requested Loan during for 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 make its Pro Rata Part of any Loan.

Appears in 1 contract

Samples: Credit Agreement (Nci Building Systems Inc)

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Loan Procedure. The following procedures apply to Loans: (a) Borrower may request a Loan by submitting to Agent a Loan Request, which is irrevocable and binding on Borrower. It The Loan Request must be received by Agent no later than 1:00 p.m. 12:00 noon on (i) the third Business Day preceding the date on which funds are requested (the "LOAN DATE") Loan Date for any LIBOR Eurodollar Loan or no later than 1:00 p.m. on (ii) 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. A Loan Request is irrevocable and binding on Borrower. (b) Each By 11:00 a.m. on the applicable Loan Date, each Lender shall remit its applicable Pro Rata Part of each requested Loan under a Tranche for which such Lender has provided a commitment by wire transfer to Agent pursuant to Agent's principal office in Dallas, Texas, wire transfer instructions on SCHEDULE 1 (or as otherwise directed by Agent) in funds that are available for immediate use by Agent by 11:00 a.m. on the applicable Loan DateAgent. 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 RequestRequest (unless it has actual knowledge that any applicable condition precedent either has not been satisfied by Borrower or has been waived by Determining Lenders). (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 is not be required to), make available to Borrower a corresponding amount. If a Lender fails to make such its 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 for 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 for 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 make its Pro Rata Part of any Loan.

Appears in 1 contract

Samples: Credit Agreement (Nci Building Systems Inc)

Loan Procedure. (a) Borrower may request a Loan by submitting to Agent a Loan Request, which is irrevocable and binding on Borrower. It The Loan Request must be received by Agent no later than 1:00 p.m. 10:00 a.m. on (i) the third Business Day preceding the date on which funds are requested (the "LOAN DATE") Loan Date for any LIBOR Loan or no later than 1:00 p.m. on (ii) 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 By 11:00 am on the applicable Loan Date, each Lender shall remit its applicable Pro Rata Part of each requested Loan under a Tranche for which such Lender has provided a commitment by wire transfer to Agent pursuant to Agent's principal office in Dallas, Texas, wire transfer instructions on Schedule 1 (or as otherwise directed by Agent) in funds that are available for immediate use by Agent by 11:00 a.m. on the applicable Loan DateAgent. 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 RequestRequest (unless it has actual knowledge that any applicable condition precedent either has not been satisfied by Borrower or has been waived by Required Lenders). (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 is not be required to), make available to Borrower a corresponding amount. If a Lender fails to make such its 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 for 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 for 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 make its Pro Rata Part of any Loan.

Appears in 1 contract

Samples: Credit Agreement (Vail Resorts Inc)

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