Loan Requests. Except as otherwise provided herein, the Borrowing Agent may, on behalf of the US Revolving Borrowers or the Canadian Revolving Borrowers, from time to time prior to the Maturity Date request the Lenders to make Revolving Credit Loans, or renew or convert the Interest Rate Option applicable to existing Revolving Credit Loans or Term Loans pursuant to Section 5.2 [Interest Periods], by delivering to the Administrative Agent, not later than 2:00 p.m., (i) three (3) Business Days prior to the proposed Borrowing Date with respect to the making of Revolving Credit Loans in Dollars to which the Euro-Rate Option applies or the conversion to or the renewal of the Euro-Rate Option for any Loans in Dollars; (ii) not later than 2:00 p.m., (i) four (4) Business Days prior to the proposed Borrowing Date with respect to the making of Revolving Credit Loans in Canadian Dollars or the date of conversion to or renewal of the Euro-Rate Option for any Loans in Canadian Dollars, and (iii) the same Business Day of the proposed Borrowing Date with respect to the making of a Revolving Credit Loan to which the Base Rate Option applies or the last day of the preceding Interest Period with respect to the conversion to the Base Rate Option for any Loan, of a duly completed request therefor substantially in the form of Exhibit 2.4.1 or a request by telephone immediately confirmed in writing by letter, facsimile, or e-mail (in “pdf”, “tif” or similar format) in such form (each, a “Loan Request”), it being understood that the Administrative Agent may rely on the authority of any individual making such a telephonic request without the necessity of receipt of such written confirmation. Each Loan Request shall be irrevocable and shall specify (A) whether the proposed Loans are for the account of the US Revolving Borrowers or the Canadian Revolving Borrowers, (B) the aggregate amount of the proposed Loans comprising each Borrowing Tranche, and, if applicable, the Interest Period, which amount shall be in (x) integral multiples of Five Hundred Thousand and 00/100 Dollars ($500,000.00) (or the Dollar Equivalent thereof) and not less than One Million and 00/100 Dollars ($1,000,000.00) (or the Dollar Equivalent thereof) for each Borrowing Tranche under the Euro-Rate Option, and (y) integral multiples of Five Hundred Thousand and 00/100 Dollars ($500,000.00) and not less than One Million and 00/100 Dollars ($1,000,000.00) for each Borrowing Tranche under the Base Rate Option, (B) whether the Euro-Rate Option or Base Rate Option shall apply to the proposed Loans comprising the applicable Borrowing Tranche, (C) the currency in which such Revolving Credit Loans shall be funded if the Borrowers elect the Euro-Rate Option, and (D) in the case of a Borrowing Tranche to which the Euro-Rate Option applies, an appropriate Interest Period for the Loans comprising such Borrowing Tranche. No Canadian Dollar Loans may be converted into a Base Rate Loan.
Appears in 3 contracts
Samples: Credit Agreement (Mastech Digital, Inc.), Credit Agreement (Mastech Digital, Inc.), Credit Agreement (Mastech Digital, Inc.)
Loan Requests. Except as otherwise provided herein, subject to the Borrowing Agent maynotice requirements set forth in this Section 2.5.1 and the other terms and conditions hereof, on behalf of (a) the US Revolving Borrowers or the Canadian Revolving Borrowers, Borrower may from time to time on or after the Amendment No. 1 Effective Date and prior to the Revolving Maturity Date request the Lenders to make Revolving Credit Loans, or (b) the Borrower may request that the Lenders make Initial Term A Loans on the Amendment No. 1 Effective Date pursuant to the second paragraph of Section 2.1.3 [Term A Loans] and (c) the Borrower may from time to time prior to the applicable Maturity Date renew or convert the Interest Rate Option applicable to existing Revolving Credit Loans or Term Loans pursuant to Section 5.2 4.1 [Interest Rate Options] and Section 4.2 [Interest Periods], by delivering to the applicable Administrative Agent, not later than 2:00 p.m.11:00 a.m., (i) except for borrowings of Initial Term A Loans made on the Amendment No. 1 Effective Date, three (3) Business Days prior to the proposed Borrowing Date with respect to the making of Revolving Credit Loans in Dollars (other than Swing Loans) to which the Euro-LIBOR Rate Option applies or the conversion to or the renewal of the Euro-LIBOR Rate Option for any Loans in Dollars(other than Swing Loans); and (ii) not later than 2:00 p.m., (i) four (4) Business Days prior to the proposed Borrowing Date with respect to the making of Revolving Credit Loans in Canadian Dollars or the date of conversion to or renewal of the Euro-Rate Option for any Loans in Canadian Dollars, and (iii) the same Business Day of the proposed Borrowing Date with respect to the making of a Revolving Credit Loan (other than Swing Loans) to which the Base Rate Option applies or the last day of the preceding Interest Period with respect to the conversion to the Base Rate Option for any Loan, of a duly completed request therefor substantially in the form of Exhibit 2.4.1 2.5.1 or a request by telephone immediately confirmed in writing in such form and delivered by letter, facsimile, facsimile or e-mail email (in “pdf”, ,” “tif” or similar format) in such form (each, a “Loan Request”), ; it being understood that the applicable Administrative Agent may rely on the authority of any individual making such a telephonic request without the necessity of receipt of such written confirmation. Each Loan Request shall be irrevocable and shall specify or certify, as applicable (Ai) whether the proposed Loans are for the account of the US Revolving Borrowers or the Canadian Revolving Borrowers, Borrowing Date; (Bii) the aggregate amount of the proposed Loans comprising each Borrowing Tranche, and, if applicable, the Interest Period, which amount shall be in (x) except in the case of the borrowing of Initial Term A Loans on the Effective Date, the an integral multiples multiple of Five Hundred Thousand and 00/100 Dollars ($500,000.00) (or the Dollar Equivalent thereof) 1,000,000 and not less than One Million and 00/100 Dollars ($1,000,000.00) (or the Dollar Equivalent thereof) 5,000,000 for each Borrowing Tranche under the Euro-LIBOR Rate Option, Option and (y) an integral multiples multiple of Five Hundred Thousand and 00/100 Dollars ($500,000.00) 50,000 and not less than One Million and 00/100 Dollars (the lesser of $1,000,000.00) 500,000 or the maximum amount available for each Borrowing Tranche under Tranches to which the Base Rate Option, Option applies; (Biii) whether the Euro-LIBOR Rate Option or Base Rate Option shall apply to the proposed Loans comprising the applicable Borrowing Tranche, (C) the currency in which such Revolving Credit Loans shall be funded if the Borrowers elect the Euro-Rate Option, ; and (Div) in the case of a Borrowing Tranche to which the Euro-LIBOR Rate Option applies, an appropriate Interest Period for the Loans comprising such Borrowing Tranche. No Canadian Dollar In addition, each Loan Request shall include a certification by the Borrower that, after giving effect to the borrowing contemplated by such Loan Request, the aggregate amount of Indebtedness (and, notwithstanding the definition of “Indebtedness,” all letters of credit (including Letters of Credit) being deemed to have an outstanding principal amount of Indebtedness equal to the maximum potential liability of the Borrower and its Restricted Subsidiaries thereunder) under this Agreement shall not exceed the Applicable Other Indebtedness Cap; provided that (x) at any Administrative Agent’s request, the Borrower shall provide such Administrative Agent calculations and supporting information reasonably satisfactory to such Administrative Agent showing compliance with the Applicable Other Indebtedness Cap and (y) notwithstanding the foregoing clause (x), no Administrative Agent shall have any obligation to request such calculation or information or to determine compliance with the Applicable Other Indebtedness Cap, and shall be fully entitled to assume (without any further investigation) that each borrowing of Loans may be converted into complies with the Applicable Other Indebtedness Cap if the Borrower makes a Base Rate LoanLoan Request for such borrowing.
Appears in 2 contracts
Samples: Credit Agreement (CONSOL Energy Inc.), Credit Agreement (CONSOL Energy Inc.)
Loan Requests. Except as otherwise provided herein, the Borrowing Agent mayBorrower Agent, on behalf of itself or a Borrower identified in the US Revolving Borrowers or the Canadian Revolving BorrowersLoan Request (as hereinafter defined), may from time to time prior to the Maturity Expiration Date request the Lenders to make Revolving Credit Loans, or renew or convert the Interest Rate Option applicable to existing Revolving Credit Loans or Term Loans pursuant to Section 5.2 4.2 [Interest Periods], by delivering to the Administrative Agent, (i) not later than 2:00 1:00 p.m., (i) three (3) Business Days prior to the proposed Borrowing Date with respect to the making of Revolving Credit Loans in Dollars to which the Euro-Rate Option applies or the conversion to or the renewal of the Euro-Rate Option for any Loans in Dollars; (ii) not later than 2:00 1:00 p.m., (i) four (4) Business Days prior to the proposed Borrowing Date with respect to the making of Revolving Credit Optional Currency Loans in Canadian Dollars or the date of conversion to or renewal of the Euro-Rate Option for any Loans in Canadian Dollars, Optional Currency Loans; and (iii) not later than 11:00 a.m., the same Business Day of the proposed Borrowing Date with respect to the making of a Revolving Credit Loan to which the Base Rate Option applies or the last day of the preceding Interest Period with respect to the conversion to the Base Rate Option for any Loan, of a duly completed request therefor substantially in the form of Exhibit 2.4.1 or a request by telephone immediately confirmed in writing by letter, facsimile, facsimile or e-mail (in “pdf”, “tif” or similar format) in such form (each, a “"Loan Request”"), it being understood that the Administrative Agent may rely on the authority of any individual making such a telephonic request without the necessity of receipt of such written confirmation. Each Loan Request shall be irrevocable and shall specify (A) whether the proposed Loans are for the account of the US Revolving Borrowers or the Canadian Revolving Borrowers, (Bi) the aggregate amount of the proposed Loans (expressed in the currency in which such Loans shall be funded) comprising each Borrowing Tranche, and, if applicable, the Interest Period, which amount shall be in (x) integral multiples of Five Hundred Thousand and 00/100 Dollars ($500,000.00) 250,000 (or the Dollar Equivalent thereof) and not less than One Million and 00/100 Dollars ($1,000,000.00) 1,000,000 (or the Dollar Equivalent thereof) for each Borrowing Tranche under the Euro-Rate Option, and (y) integral multiples of Five Hundred Thousand and 00/100 Dollars ($500,000.00) 100,000 and not less than One Million and 00/100 Dollars ($1,000,000.00) 500,000 for each Borrowing Tranche under the Base Rate Option, ; (Bii) whether the Euro-Rate Option or Base Rate Option shall apply to the proposed Revolving Credit Loans comprising the applicable Borrowing Tranche, ; (Ciii) the currency in which such Revolving Credit Loans shall be funded if the Borrowers elect are electing the Euro-Rate Option, and ; (Div) in the case of a Borrowing Tranche to which the Euro-Rate Option applies, an appropriate Interest Period for the Loans comprising such Borrowing Tranche; and (v) which Borrower is requesting the Revolving Credit Loan. No Canadian Dollar Loans Loan made in an Optional Currency may be converted into a Base Rate LoanLoan or a Loan denominated in a different Optional Currency. Notwithstanding the requirement under this Section 2.4.1 [Loan Requests] that the Borrower Agent deliver a Loan Request three (3) Business Days prior to a proposed Borrowing Date with respect to the making of Revolving Credit Loans to which the Euro-Rate Option applies, the Lenders agree that the Borrower Agent may deliver a Loan Request on the same Business Day as the proposed Borrowing Date Loans made on the Closing Date.
Appears in 1 contract
Samples: Credit Agreement (Foster L B Co)
Loan Requests. Except as otherwise provided herein, the Borrowing Agent may, on behalf of the US Revolving Borrowers or the Canadian Revolving Borrowers, Borrower may from time to time prior to the Maturity Expiration Date request the Lenders to make Revolving Credit Loans, or renew or convert the Interest Rate Option applicable to existing Revolving Credit Loans or Term Loans pursuant to Section 5.2 4.2 [Interest Periods], by delivering to the Administrative Agent, not later than 2:00 1:00 p.m., (i) three (3) Business Days prior to the proposed Borrowing Date with respect to the making of Revolving Credit Loans in Dollars to which the Euro-LIBOR Rate Option applies or the conversion to or the renewal of the Euro-LIBOR Rate Option for any Loans, except that for Loans in Dollarsto be made, converted and/or renewed on the Closing Date such notice may be made on the Closing Date; and (ii) not later than 2:00 p.m., one (i) four (41) Business Days Day prior to the proposed Borrowing Date with respect to the making of Revolving Credit Loans in Canadian Dollars or the date of conversion to or renewal of the Euro-Rate Option for any Loans in Canadian Dollars, and (iii) the same Business Day of either the proposed Borrowing Date with respect to the making of a Revolving Credit Loan to which the Base Rate Option applies or the last day of the preceding Interest Period with respect to the conversion to the Base Rate Option for any Loan, of a duly completed request therefor substantially in the form of Exhibit 2.4.1 2.5.1 or a request by telephone immediately confirmed in writing by letter, facsimile, facsimile or e-mail (in “pdf”, “tif” or similar format) telex in such form (each, a “Loan Request”), it being understood that the Administrative Agent may rely on the authority of any individual making such a telephonic request without the necessity of receipt of such written confirmation. Each Loan Request shall be irrevocable and shall specify (A) whether the proposed Loans are for the account of the US Revolving Borrowers or the Canadian Revolving Borrowers, (B) the aggregate amount of the proposed Loans comprising each Borrowing Tranche, and, if applicable, the Interest Period, which amount amounts shall be in (x) integral multiples of Five Hundred Thousand and 00/100 Dollars ($500,000.00) (or the Dollar Equivalent thereof) 50,000 and not less than One Million and 00/100 Dollars ($1,000,000.00) (or the Dollar Equivalent thereof) 5,000,000 for each Borrowing Tranche under the Euro-LIBOR Rate Option, and (y) integral multiples of Five Hundred Thousand and 00/100 Dollars ($500,000.00) and not less than One Million and 00/100 Dollars ($1,000,000.00) 1,000,000 for each Borrowing Tranche under the Base Rate Option, (B) whether the Euro-Rate Option or Base Rate Option shall apply to the proposed Loans comprising the applicable Borrowing Tranche, (C) the currency in which such Revolving Credit Loans shall be funded if the Borrowers elect the Euro-Rate Option, and (D) in the case of a Borrowing Tranche to which the Euro-Rate Option applies, an appropriate Interest Period for the Loans comprising such Borrowing Tranche. No Canadian Dollar Loans may be converted into a Base Rate Loan.
Appears in 1 contract
Samples: Revolving Credit Facility (Federated Investors Inc /Pa/)
Loan Requests. Except as otherwise provided herein, the Borrowing Agent mayBorrower Agent, on behalf of itself or a Borrower identified in the US Revolving Borrowers or the Canadian Revolving BorrowersLoan Request (as hereinafter defined), may from time to time prior to the Maturity Expiration Date request the Lenders to make Revolving Credit Loans, or renew or convert the Interest Rate Option applicable to existing Revolving Credit Loans or Term Loans pursuant to Section 5.2 4.2 [Interest Periods], by delivering to the Administrative Agent, (i) not later than 2:00 1:00 p.m., (i) three (3) Business Days prior to the proposed Borrowing Date with respect to the making of Revolving Credit Loans in Dollars to which the Euro-LIBOR Rate Option applies or the conversion to or the renewal of the Euro-LIBOR Rate Option for any Loans in Dollars; (ii) not later than 2:00 1:00 p.m., (i) four (4) Business Days prior to the proposed Borrowing Date with respect to the making of Revolving Credit Optional Currency Loans in Canadian Dollars or the date of conversion to or renewal of the Euro-LIBOR Rate Option for any Loans in Canadian Dollars, Optional Currency Loans; and (iii) not later than 11:00 a.m., the same Business Day of the proposed Borrowing Date with respect to the making of a Revolving Credit Loan to which the Base Rate Option applies or the last day of the preceding Interest Period with respect to the conversion to the Base Rate Option for any Loan, of a duly completed request therefor substantially in the form of Exhibit 2.4.1 or a request by telephone immediately confirmed in writing by letter, facsimile, facsimile or e-mail (in “pdf”, “tif” or similar format) in such form (each, a “"Loan Request”"), it being understood that the Administrative Agent may rely on the authority of any individual making such a telephonic request without the necessity of receipt of such written confirmation. Each Loan Request shall be irrevocable and shall specify (A) whether the proposed Loans are for the account of the US Revolving Borrowers or the Canadian Revolving Borrowers, (Bi) the aggregate amount of the proposed Loans (expressed in the currency in which such Loans shall be funded) comprising each Borrowing Tranche, and, if applicable, the Interest Period, which amount shall be in (x) integral multiples of Five Hundred Thousand and 00/100 Dollars ($500,000.00) 250,000 (or the Dollar Equivalent thereof) and not less than One Million and 00/100 Dollars ($1,000,000.00) 1,000,000 (or the Dollar Equivalent thereof) for each Borrowing Tranche under the Euro-LIBOR Rate Option, and (y) integral multiples of Five Hundred Thousand and 00/100 Dollars ($500,000.00) 100,000 and not less than One Million and 00/100 Dollars ($1,000,000.00) 500,000 for each Borrowing Tranche under the Base Rate Option, ; (Bii) whether the Euro-LIBOR Rate Option or Base Rate Option shall apply to the proposed Revolving Credit Loans comprising the applicable Borrowing Tranche, ; (Ciii) the currency in which such Revolving Credit Loans shall be funded if the Borrowers elect are electing the Euro-LIBOR Rate Option, and ; (Div) in the case of a Borrowing Tranche to which the Euro-LIBOR Rate Option applies, an appropriate Interest Period for the Loans comprising such Borrowing Tranche; and (v) which Borrower is requesting the Revolving Credit Loan. No Canadian Dollar Loans Loan made in an Optional Currency may be converted into a Base Rate LoanLoan or a Loan denominated in a different Optional Currency. Notwithstanding the requirement under this Section 2.4.1 [Loan Requests] that the Borrower Agent deliver a Loan Request three (3) Business Days prior to a proposed Borrowing Date with respect to the making of Revolving Credit Loans to which the LIBOR Rate Option applies, the Lenders agree that the Borrower Agent may deliver a Loan Request on the same Business Day as the proposed Borrowing Date Loans made on the Closing Date.
Appears in 1 contract
Samples: Credit Agreement (Foster L B Co)
Loan Requests. Except as otherwise provided herein, subject to the Borrowing Agent maynotice requirements set forth in this Section 2.5.1 and the other terms and conditions hereof, (a) the Borrower may from time to time on behalf or after the Amendment No. 4 Effective Date and prior to the applicable Revolving Maturity Date request the Lenders of each Class to make Revolving Credit Loans of such Class, (b) the US Revolving Borrowers or Borrower may request that the Canadian Revolving Borrowers, Lenders make Initial Term A Loans on the Amendment No. 1 Effective Date pursuant to the second paragraph of Section 2.1.3 [Term A Loans] and (c) the Borrower may from time to time prior to the applicable Maturity Date request the Lenders to make Revolving Credit Loans, or renew or convert the Interest Rate Option applicable to existing Revolving Credit Loans or Term Loans pursuant to Section 5.2 4.1 [Interest Rate Options] and Section 4.2 [Interest Periods], by delivering to the applicable Administrative Agent, not later than 2:00 p.m.11:00 a.m., (i) except for borrowings of Initial Term A Loans made on the Amendment No. 1 Effective Date, three (3) Business Days prior to the proposed Borrowing Date with respect to the making of Revolving Credit Loans in Dollars (other than Swing Loans) to which the Euro-Term SOFR Rate Option applies or the conversion to or the renewal of the Euro-Term SOFR Rate Option for any Loans in Dollars(other than Swing Loans); and (ii) not later than 2:00 p.m., (i) four (4) Business Days prior to the proposed Borrowing Date with respect to the making of Revolving Credit Loans in Canadian Dollars or the date of conversion to or renewal of the Euro-Rate Option for any Loans in Canadian Dollars, and (iii) the same Business Day of the proposed Borrowing Date with respect to the making of a Revolving Credit Loan (other than Swing Loans) to which the Base Rate Option applies or the last day of the preceding Interest Period with respect to the conversion to the Base Rate Option for any Loan, of a duly completed request therefor substantially in the form of Exhibit 2.4.1 2.5.1 or a request by telephone immediately confirmed in writing in such form and delivered by letter, facsimile, facsimile or e-mail email (in “pdf”, ,” “tif” or similar format) in such form (each, a “Loan Request”), ; it being understood that the applicable Administrative Agent may rely on the authority of any individual making such a telephonic request without the necessity of receipt of such written confirmation. Each Loan Request shall be irrevocable and shall specify or certify, as applicable (Ai) whether the proposed Loans are for the account of the US Revolving Borrowers or the Canadian Revolving Borrowers, Borrowing Date; (Bii) the aggregate amount of the proposed Loans comprising each Borrowing Tranche, and, if applicable, the Interest Period, which amount shall be in (x) except in the case of the borrowing of Initial Term A Loans on the Effective Date, the an integral multiples multiple of Five Hundred Thousand and 00/100 Dollars ($500,000.00) (or the Dollar Equivalent thereof) 1,000,000 and not less than One Million and 00/100 Dollars ($1,000,000.00) (or the Dollar Equivalent thereof) 5,000,000 for each Borrowing Tranche under the Euro-Term SOFR Rate Option, Option and (y) an integral multiples multiple of Five Hundred Thousand and 00/100 Dollars ($500,000.00) 50,000 and not less than One Million and 00/100 Dollars (the lesser of $1,000,000.00) 500,000 or the maximum amount available for each Borrowing Tranche under Tranches to which the Base Rate Option, Option applies; (Biii) whether the Euro-Term SOFR Rate Option or Base Rate Option shall apply to the proposed Loans comprising the applicable Borrowing Tranche, (C) the currency in which such Revolving Credit Loans shall be funded if the Borrowers elect the Euro-Rate Option, ; and (Div) in the case of a Borrowing Tranche to which the Euro-Term SOFR Rate Option applies, an appropriate Interest Period for the Loans comprising such Borrowing Tranche. No Canadian Dollar In addition, each Loan Request shall include a certification by the Borrower that, after giving effect to the borrowing contemplated by such Loan Request, the aggregate amount of Indebtedness (and, notwithstanding the definition of “Indebtedness,” all letters of credit (including Letters of Credit) being deemed to have an outstanding principal amount of Indebtedness equal to the maximum potential liability of the Borrower and its Restricted Subsidiaries thereunder) under this Agreement shall not exceed the Applicable Other Indebtedness Cap; provided that (x) at any Administrative Agent’s request, the Borrower shall provide such Administrative Agent calculations and supporting information reasonably satisfactory to such Administrative Agent showing compliance with the Applicable Other Indebtedness Cap and (y) notwithstanding the foregoing clause (x), no Administrative Agent shall have any obligation to request such calculation or information or to determine compliance with the Applicable Other Indebtedness Cap, and shall be fully entitled to assume (without any further investigation) that each borrowing of Loans may be converted into complies with the Applicable Other Indebtedness Cap if the Borrower makes a Base Rate LoanLoan Request for such borrowing.
Appears in 1 contract
Loan Requests. Except as otherwise provided herein, the Borrowing Agent mayBorrower Agent, on behalf of itself or a Borrower identified in the US Revolving Borrowers or the Canadian Revolving BorrowersLoan Request (as hereinafter defined), may from time to time prior to the Maturity Expiration Date request the Lenders to make Revolving Credit Loans, or renew or convert the Interest Rate Option applicable to existing Revolving Credit Loans or Term Loans pursuant to Section 5.2 4.2 [Interest Periods], by delivering to the Administrative Agent, (i) not later than 2:00 1:00 p.m., (i) three (3) Business Days prior to the proposed Borrowing Date with respect to the making of Revolving Credit Loans in Dollars to which the Euro-Rate Option applies or the conversion to or the renewal of the Euro-Rate Option for any Loans in Dollars; (ii) not later than 2:00 1:00 p.m., (i) four (4) Business Days prior to the proposed Borrowing Date with respect to the making of Revolving Credit Optional Currency Loans in Canadian Dollars or the date of conversion to or renewal of the Euro-Rate Option for any Loans in Canadian Dollars, Optional Currency Loans; and (iii) not later than 11:00 a.m., the same Business Day of the proposed Borrowing Date with respect to the making of a Revolving Credit Loan to which the Base Rate Option applies or the last day of the preceding Interest Period with respect to the conversion to the Base Rate Option for any Loan, of a duly completed request therefor substantially in the form of Exhibit 2.4.1 or a request by telephone immediately confirmed in writing by letter, facsimile, facsimile or e-mail (in “pdf”, “tif” or similar format) in such form (each, a “"Loan Request”"), it being understood that the Administrative Agent may rely on the authority of any individual making such a telephonic request without the necessity of receipt of such written confirmation. Each Loan Request shall be irrevocable and shall specify (A) whether the proposed Loans are for the account of the US Revolving Borrowers or the Canadian Revolving Borrowers, (Bi) the aggregate amount of the proposed Loans (expressed in the currency in which such Loans shall be funded) comprising each Borrowing Tranche, and, if applicable, the Interest Period, which amount shall be in (x) integral multiples of Five Hundred Thousand and 00/100 Dollars ($500,000.00) 250,000 (or the Dollar Equivalent thereof) and not less than One Million and 00/100 Dollars ($1,000,000.00) 1,000,000 (or the Dollar Equivalent thereof) for each Borrowing Tranche under the Euro-Rate Option, and (y) integral multiples of Five Hundred Thousand and 00/100 Dollars ($500,000.00) 100,000 and not less than One Million and 00/100 Dollars ($1,000,000.00) 500,000 for each Borrowing Tranche under the Base Rate Option, ; (Bii) whether the Euro-Rate Option or - 41 - Base Rate Option shall apply to the proposed Revolving Credit Loans comprising the applicable Borrowing Tranche, ; (Ciii) the currency in which such Revolving Credit Loans shall be funded if the Borrowers elect are electing the Euro-Rate Option, and ; (Div) in the case of a Borrowing Tranche to which the Euro-Rate Option applies, an appropriate Interest Period for the Loans comprising such Borrowing Tranche; and (v) which Borrower is requesting the Revolving Credit Loan. No Canadian Dollar Loans Loan made in an Optional Currency may be converted into a Base Rate LoanLoan or a Loan denominated in a different Optional Currency. Notwithstanding the requirement under this Section 2.4.1 [Loan Requests] that the Borrower Agent deliver a Loan Request three (3) Business Days prior to a proposed Borrowing Date with respect to the making of Revolving Credit Loans or Term Loans to which the Euro-Rate Option applies, the Lenders agree that the Borrower Agent may deliver a Loan Request on the same Business Day as the proposed Borrowing Date Loans made on the Closing Date.
Appears in 1 contract
Samples: Credit Agreement (Foster L B Co)
Loan Requests. Except as otherwise provided herein, subject to the Borrowing Agent maynotice requirements set forth in this Section 2.5.1 and the other terms and conditions hereof, on behalf of (a) the US Revolving Borrowers or the Canadian Revolving Borrowers, Borrower may from time to time after the Closing Date and prior to the Revolving Maturity Date request the Lenders to make Revolving Credit Loans, or (b) the Borrower may request that the Lenders make Term Loans on the Closing Date and (c) the Borrower may from time to time prior to the applicable Maturity Date renew or convert the Interest Rate Option applicable to existing Revolving Credit Loans or Term Loans pursuant to Section 5.2 4.1 [Interest Rate Options] and Section 4.2 [Interest Periods], by delivering to the applicable Administrative Agent, not later than 2:00 p.m.11:00 a.m., (i) three (3) Business Days prior to the proposed Borrowing Date with respect to the making of Revolving Credit Loans in Dollars (other than Swing Loans) to which the Euro-LIBOR Rate Option applies or the conversion to or the renewal of the Euro-LIBOR Rate Option for any Loans in Dollars(other than Swing Loans); and (ii) not later than 2:00 p.m., (i) four (4) Business Days prior to the proposed Borrowing Date with respect to the making of Revolving Credit Loans in Canadian Dollars or the date of conversion to or renewal of the Euro-Rate Option for any Loans in Canadian Dollars, and (iii) the same Business Day of the proposed Borrowing Date with respect to the making of a Revolving Credit Loan (other than Swing Loans) to which the Base Rate Option applies or the last day of the preceding Interest Period with respect to the conversion to the Base Rate Option for any Loan, of a duly completed request therefor substantially in the form of Exhibit 2.4.1 2.5.1 or a request by telephone immediately confirmed in writing in such form and delivered by letter, facsimile, facsimile or e-mail email (in “pdf”, ,” “tif” or similar format) in such form (each, a “Loan Request”), ; it being understood that the applicable Administrative Agent may rely on the authority of any individual making such a telephonic request without the necessity of receipt of such written confirmation. Each Loan Request shall be irrevocable and shall specify or certify, as applicable (Ai) whether the proposed Loans are for the account of the US Revolving Borrowers or the Canadian Revolving Borrowers, Borrowing Date; (Bii) the aggregate amount of the proposed Loans comprising each Borrowing Tranche, and, if applicable, the Interest Period, which amount shall be in (x) an integral multiples multiple of Five Hundred Thousand and 00/100 Dollars ($500,000.00) (or the Dollar Equivalent thereof) 1,000,000 and not less than One Million and 00/100 Dollars ($1,000,000.00) (or the Dollar Equivalent thereof) 5,000,000 for each Borrowing Tranche under the Euro-LIBOR Rate Option, Option and (y) an integral multiples multiple of Five Hundred Thousand and 00/100 Dollars ($500,000.00) 50,000 and not less than One Million and 00/100 Dollars (the lesser of $1,000,000.00) 500,000 or the maximum amount available for each Borrowing Tranche under Tranches to which the Base Rate Option, Option applies; (Biii) whether the Euro-LIBOR Rate Option or Base Rate Option shall apply to the proposed Loans comprising the applicable Borrowing Tranche, (C) the currency in which such Revolving Credit Loans shall be funded if the Borrowers elect the Euro-Rate Option, ; and (Div) in the case of a Borrowing Tranche to which the Euro-LIBOR Rate Option applies, an appropriate Interest Period for the Loans comprising such Borrowing Tranche. No Canadian Dollar In addition, each Loan Request shall include a certification by the Borrower that, after giving effect to the borrowing contemplated by such Loan Request, the aggregate amount of Indebtedness (and, notwithstanding the definition of “Indebtedness,” all letters of credit (including Letters of Credit) being deemed to have an outstanding principal amount of Indebtedness equal to the maximum potential liability of the Borrower and its Restricted Subsidiaries thereunder) under this Agreement shall not exceed the Applicable Other Indebtedness Cap; provided that (x) at any Administrative Agent’s request, the Borrower shall provide such Administrative Agent calculations and supporting information reasonably satisfactory to such Administrative Agent showing compliance with the Applicable Other Indebtedness Cap and (y) notwithstanding the foregoing clause (x), no Administrative Agent shall have any obligation to request such calculation or information or to determine compliance with the Applicable Other Indebtedness Cap, and shall be fully entitled to assume (without any further investigation) that each borrowing of Loans may be converted into complies with the Applicable Other Indebtedness Cap if the Borrower makes a Base Rate LoanLoan Request for such borrowing.
Appears in 1 contract
Loan Requests. Except as otherwise provided herein, the Borrowing Agent may, on behalf of the US Revolving Borrowers or the Canadian Revolving Borrowers, Borrower may from time to time prior to the Maturity Expiration Date request the Lenders to make Revolving Credit Loans, or renew or convert the Interest Rate Option applicable to existing Revolving Credit Loans or Term Loans pursuant to Section 5.2 [Interest Periods]Loans, by delivering to the Administrative Agent, not later than 2:00 p.m.10:00 a.m., (ia) three (3) Business Days prior to the proposed Borrowing Date with respect to (i) the making of Revolving Credit Loans denominated in Dollars to which the Euro-Term SOFR Rate Option applies or (ii) the conversion to or the renewal of the Euro-Term SOFR Rate Option for any Loans denominated in Dollars; (ii) not later than 2:00 p.m., (ib) four (4) Business Days prior to the proposed Borrowing Date with respect to (i) the making of Revolving Credit Loans denominated in Canadian Dollars Optional Currencies to which the Eurocurrency Rate Option applies, or (ii) the date of conversion to or renewal of the Euro-a Eurocurrency Rate Option for any Loans denominated in Canadian DollarsOptional Currencies; (c) four (4) Business Days prior to the proposed Borrowing Date with respect to (i) the making of Revolving Credit Loans denominated in Optional Currencies to which the Term RFR Option applies, or (ii) the conversion to a Term RFR Option for any Loans denominated in Optional Currencies, and (iiid) the same Business Day of the proposed Borrowing Date with respect to the making of a Revolving Credit Loan to which the Base Rate Option applies or the last day of the preceding Interest Period with respect to the conversion to the Base Rate Option for any Loan, in each case, of a duly completed request therefor signed by an Authorized Officer of the Borrower substantially in the form of Exhibit 2.4.1 2.5.1 or a request by telephone from any Authorized Officer of the Borrower immediately confirmed in writing by letter, facsimile, facsimile or e-mail (in “pdf”, “tif” or similar format) telex in such form (each, a “Loan Request”), it being understood that the Administrative Agent may rely on the authority of any individual Authorized Officer of the Borrower making such a telephonic request without the necessity of receipt of such written confirmation. Each Loan Request shall be irrevocable and shall specify (A) whether the proposed Loans are for the account of the US Revolving Borrowers or the Canadian Revolving Borrowers, (B) the aggregate amount of the proposed Loans comprising each Borrowing Tranche, and, if applicable, the Interest Period, which amount shall be in (x) integral multiples the minimum amount of Five Hundred Thousand and 00/100 Dollars ($500,000.00) (or the Dollar Equivalent thereof) and not less than One Million and 00/100 Dollars ($1,000,000.00) 500,000 (or the Dollar Equivalent thereof) for each Borrowing Tranche under the Euro-Rate Option, and (y) integral multiples of Five Hundred Thousand and 00/100 Dollars ($500,000.00) and not less than One Million and 00/100 Dollars ($1,000,000.00) for each Borrowing Tranche under the Base Rate OptionTranche, (B) whether the Euro-Rate Option or Base which Interest Rate Option shall apply to the proposed Dollar denominated Loans comprising the applicable Borrowing Tranche, (C) the currency in which such Revolving Credit Loans shall be funded if the Borrowers elect Borrower elects an Optional Currency, the Euro-applicable Interest Rate Option, and (D) in the case of a Borrowing Tranche to which the Euro-Rate Option applies, an appropriate Interest Period for the Loans comprising such Borrowing TranchePeriod, if applicable. No Canadian Dollar Loans Optional Currency Loan may be converted into a Base Loan with a different Interest Rate LoanOption, or a Loan denominated in a different Currency.
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Loan Requests. Except as otherwise provided herein, subject to the Borrowing Agent maynotice requirements set forth in this Section 2.5.1 and the other terms and conditions hereof, (a) the Borrower may from time to time on behalf or after the Amendment No. 4 Effective Date and prior to the applicable Revolving Maturity Date request the Lenders of each Class to make Revolving Credit Loans of such Class, and (b) the US Revolving Borrowers or Borrower may request that the Canadian Revolving Borrowers, Lenders make Initial Term A Loans on the Amendment No. 1 Effective Date pursuant to the second paragraph of Section 2.1.3 [Term A Loans] and (c) the Borrower may from time to time prior to the applicable Maturity Date request the Lenders to make Revolving Credit Loans, or renew or convert the Interest Rate Option applicable to existing Revolving Credit Loans or Term Loans pursuant to Section 5.2 4.1 [Interest Rate Options] and Section 4.2 [Interest Periods], by delivering to the applicable Administrative Agent, not later than 2:00 p.m.11:00 a.m., (i) except for borrowings of Initial Term A Loans made on the Amendment No. 1 Effective Date, three (3) Business Days prior to the proposed Borrowing Date with respect to the making of Revolving Credit Loans in Dollars (other than Swing Loans) to which the Euro-Term SOFR Rate Option applies or the conversion to or the renewal of the Euro-Term SOFR Rate Option for any Loans in Dollars(other than Swing Loans); and (ii) not later than 2:00 p.m., (i) four (4) Business Days prior to the proposed Borrowing Date with respect to the making of Revolving Credit Loans in Canadian Dollars or the date of conversion to or renewal of the Euro-Rate Option for any Loans in Canadian Dollars, and (iii) the same Business Day of the proposed Borrowing Date with respect to the making of a Revolving Credit Loan (other than Swing Loans) to which the Base Rate Option applies or the last day of the preceding Interest Period with respect to the conversion to the Base Rate Option for any Loan, of a duly completed request therefor substantially in the form of Exhibit 2.4.1 2.5.1 or a request by telephone immediately confirmed in writing in such form and delivered by letter, facsimile, facsimile or e-mail email (in “pdf”, ,” “tif” or similar format) in such form (each, a “Loan Request”), ; it being understood that the applicable Administrative Agent may rely on the authority of any individual making such a telephonic request without the necessity of receipt of such written confirmation. Each Loan Request shall be irrevocable and shall specify or certify, as applicable (Ai) whether the proposed Loans are for the account of the US Revolving Borrowers or the Canadian Revolving Borrowers, Borrowing Date; (Bii) the aggregate amount of the proposed Loans comprising each Borrowing Tranche, and, if applicable, the Interest Period, which amount shall be in (x) except in the case of the borrowing of Initial Term A Loans on the Effective Date, thethe an integral multiples multiple of Five Hundred Thousand and 00/100 Dollars ($500,000.00) (or the Dollar Equivalent thereof) 1,000,000 and not less than One Million and 00/100 Dollars ($1,000,000.00) (or the Dollar Equivalent thereof) 5,000,000 for each Borrowing Tranche under the Euro-Term SOFR Rate Option, Option and (y) an integral multiples multiple of Five Hundred Thousand and 00/100 Dollars ($500,000.00) 50,000 and not less than One Million and 00/100 Dollars (the lesser of $1,000,000.00) 500,000 or the maximum amount available for each Borrowing Tranche under Tranches to which the Base Rate Option, Option applies; (Biii) whether the Euro-Term SOFR Rate Option or Base Rate Option shall apply to the proposed Loans comprising the applicable Borrowing Tranche, (C) the currency in which such Revolving Credit Loans shall be funded if the Borrowers elect the Euro-Rate Option, ; and (Div) in the case of a Borrowing Tranche to which the Euro-Term SOFR Rate Option applies, an appropriate Interest Period for the Loans comprising such Borrowing Tranche. No Canadian Dollar In addition, each Loan Request shall include a certification by the Borrower that, after giving effect to the borrowing contemplated by such Loan Request, the aggregate amount of Indebtedness (and, notwithstanding the definition of “Indebtedness,” all letters of credit (including Letters of Credit) being deemed to have an outstanding principal amount of Indebtedness equal to the maximum potential liability of the Borrower and its Restricted Subsidiaries thereunder) under this Agreement shall not exceed the Applicable Other Indebtedness Cap; provided that (x) at anythe Administrative Agent’s request, the Borrower shall provide suchthe Administrative Agent calculations and supporting information reasonably satisfactory to suchthe Administrative Agent showing compliance with the Applicable Other Indebtedness Cap and (y) notwithstanding the foregoing clause (x), nothe Administrative Agent shall not have any obligation to request such calculation or information or to determine compliance with the Applicable Other Indebtedness Cap, and shall be fully entitled to assume (without any further investigation) that each borrowing of Loans may be converted into complies with the Applicable Other Indebtedness Cap if the Borrower makes a Base Rate LoanLoan Request for such borrowing.
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Loan Requests. Except as otherwise provided herein, the Borrowing Agent may, on behalf of the US Revolving Borrowers, the Canadian Revolving Borrowers or the Canadian Revolving Acquisition Borrowers, from time to time prior to the Maturity Date (or the Term Loan Maturity Date with respect to any portion of the Term Loans) request the Lenders to make Revolving Credit Loans, or renew or convert the Interest Rate Option applicable to existing Revolving Credit Loans or Term Loans pursuant to Section 5.2 [Interest Periods], by delivering to the Administrative Agent, not later than 2:00 p.m., ,
(i) three (3) Business Days prior to the proposed Borrowing Date with respect to the making of Revolving Credit Loans or Term Loans denominated in Dollars to which the Euro-Term SOFR Rate Option applies or the conversion to or the renewal of the Euro-such Interest Rate Option for any Revolving Credit Loans or Term Loans denominated in Dollars; ;
(ii) not later than 2:00 p.m., [reserved];
(iiii) four (4) Business Days prior to the proposed Borrowing Date with respect to the making of Revolving Credit Loans denominated in Canadian Dollars Alternative Currencies to which the Daily Simple RFR Option or Term RFR Option applies, or the date of conversion to or renewal of the Euro-Rate a Daily Simple RFR Option or Term RFR Option for any Revolving Credit Loans denominated in Canadian Dollars, and Alternative Currencies; and/or
(iiiiv) the same Business Day of the proposed Borrowing Date with respect to the making of a Revolving Credit Loan or Term Loan to which the Base Rate Option applies or the last day of the preceding Interest Period with respect to the conversion to the Base Rate Option for any Revolving Credit Loan or Term Loan, in each case, of a duly completed request therefor substantially in the form of Exhibit 2.4.1 or a request by telephone immediately confirmed in writing by letter, facsimile, or e-mail (in “pdf”, “tif” or similar format) in such form (each, a “Loan Request”), it being understood that the Administrative Agent may rely on the authority of any individual making such a telephonic request without the necessity of receipt of such written confirmation. Each Loan Request shall be irrevocable and shall specify (A) whether the proposed Loans are for the account of the US Revolving Borrowers, the Canadian Revolving Borrowers or the Canadian Revolving Acquisition Borrowers, the Currency (B) which for any Borrowing Tranche consisting of a Term Loan shall be in Dollars), the Interest Rate Option, and the aggregate amount of the proposed Loans comprising each Borrowing Tranche, and, if applicable, the Interest Period, which amount amounts shall be in (x) integral multiples of Five Hundred Thousand and 00/100 Dollars ($500,000.00) (or the Dollar Equivalent thereof) of $500,000 and not less than One Million and 00/100 Dollars ($1,000,000.00) (or the Dollar Equivalent thereof) of $1,000,000 for each Borrowing Tranche under the Euro-a Term Rate Loan Option, and (y) integral multiples of Five Hundred Thousand and 00/100 Dollars ($500,000.00) 500,000 and not less than One Million and 00/100 Dollars ($1,000,000.00) 1,000,000 for each Borrowing Tranche under the Base a Daily Rate Loan Option, (B) whether the Euro-Rate Option or Base Rate Option shall apply to the proposed Loans comprising the applicable Borrowing Tranche, (C) the currency in which such Revolving Credit Loans shall be funded if the Borrowers elect the Euro-Rate Option, and (D) in . In the case of the renewal of a Borrowing Tranche to which the Euro-Term SOFR Rate Option appliesat the end of an Interest Period, an appropriate the first day of the new Interest Period shall be the last day of the preceding Interest Period, without duplication in payment of interest for the Loans comprising such Borrowing Trancheday. No Canadian Dollar Loans Loan denominated in any Currency may be converted into a Base Loan with a different Interest Rate LoanOption, or a Loan denominated in a different Currency.
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Loan Requests. Except as otherwise provided herein, the Borrowing Agent may, on behalf of the US Revolving Borrowers, the Canadian Revolving Borrowers or the Canadian Revolving Acquisition Borrowers, from time to time prior to the Maturity Date (or the Term Loan Maturity Date with respect to any portion of the Term Loans) request the Lenders to make Revolving Credit Loans, or renew or convert the Interest Rate Option applicable to existing Revolving Credit Loans or Term Loans pursuant to Section 5.2 [Interest Periods], by delivering to the Administrative Agent, not later than 2:00 p.m., ,
(i) three (3) Business Days prior to the proposed Borrowing Date with respect to the making of Revolving Credit Loans or Term Loans denominated in Dollars to which the Euro-BSBY Rate Option applies or the conversion to or the renewal of the Euro-such Interest Rate Option for any Revolving Credit Loans or Term Loans denominated in Dollars; ;
(ii) not later than 2:00 p.m., (i) four (4) Business Days prior to the proposed Borrowing Date with respect to the making of Revolving Credit Loans denominated in Canadian Dollars Alternative Currencies to which the Eurocurrency Rate Option applies, or the date of conversion to or renewal of the Euro-a Eurocurrency Rate Option for any Revolving Credit Loans denominated in Canadian Dollars, and Alternative Currencies;
(iii) four (4) Business Days prior to the proposed Borrowing Date with respect to the making of Revolving Credit Loans denominated in Alternative Currencies to which the Daily Simple RFR Option or Term RFR Option applies, or the conversion to or renewal of a Daily Simple RFR Option or Term RFR Option for any Revolving Credit Loans denominated in Alternative Currencies; and/or
(iv) the same Business Day of the proposed Borrowing Date with respect to the making of a Revolving Credit Loan or Term Loan to which the Base Rate Option applies or the last day of the preceding Interest Period with respect to the conversion to the Base Rate Option for any Revolving Credit Loan or Term Loan, in each case, of a duly completed request therefor substantially in the form of Exhibit 2.4.1 or a request by telephone immediately confirmed in writing by letter, facsimile, or e-mail (in “pdf”, “tif” or similar format) in such form (each, a “Loan Request”), it being understood that the Administrative Agent may rely on the authority of any individual making such a telephonic request without the necessity of receipt of such written confirmation. Each Loan Request shall be irrevocable and shall specify (A) whether the proposed Loans are for the account of the US Revolving Borrowers, the Canadian Revolving Borrowers or the Canadian Revolving Acquisition Borrowers, the Currency (B) which for any Borrowing Tranche consisting of a Term Loan shall be in Dollars), the Type, and the aggregate amount of the proposed Loans comprising each Borrowing Tranche, and, if applicable, the Interest Period, which amount amounts shall be in (x) integral multiples of Five Hundred Thousand and 00/100 Dollars ($500,000.00) (or the Dollar Equivalent thereof) of $500,000 and not less than One Million and 00/100 Dollars ($1,000,000.00) (or the Dollar Equivalent thereof) of $1,000,000 for each Borrowing Tranche under the Euro-a Term Rate Loan Option, and (y) integral multiples of Five Hundred Thousand and 00/100 Dollars ($500,000.00) 500,000 and not less than One Million and 00/100 Dollars ($1,000,000.00) 1,000,000 for each Borrowing Tranche under the Base a Daily Rate Loan Option, (B) whether the Euro-Rate Option or Base Rate Option shall apply to the proposed Loans comprising the applicable Borrowing Tranche, (C) the currency in which such Revolving Credit Loans shall be funded if the Borrowers elect the Euro-Rate Option, and (D) in the case of a Borrowing Tranche to which the Euro-Rate Option applies, an appropriate Interest Period for the Loans comprising such Borrowing Tranche. No Canadian Dollar Loans may be converted into a Base Rate Loan.
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Loan Requests. Except as otherwise provided herein, the Borrowing Agent may, on behalf of the US Revolving Borrowers or the Canadian Revolving Borrowers, may from time to time prior to the Maturity Expiration Date request the Lenders to make Revolving Credit Loans, or renew or convert the Interest Rate Option applicable to existing Revolving Credit Loans or Term Loans pursuant to Section 5.2 4.2 [Interest Periods], by delivering to the Administrative Agent, not later than 2:00 1:00 p.m., (i) three (3) Business Days prior to the proposed Borrowing Date with respect to the making of Revolving Credit Loans in Dollars to which the Euro-LIBOR Rate Option applies or the conversion to or the renewal of the Euro-LIBOR Rate Option for any Loans in Dollars; (ii) not later than 2:00 p.m., (i) four (4) Business Days prior to the proposed Borrowing Date with respect to the making of Revolving Credit Optional Currency Loans in Canadian Dollars or the date of conversion to or renewal of the Euro-LIBOR Rate Option for any Loans in Canadian DollarsOptional Currency Loan, and (iii) the same Business Day of the proposed Borrowing Date with respect to the making of a Revolving Credit Loan to which the Base Rate Option applies or the last day of the preceding Interest Period with respect to the conversion to the Base Rate Option for any Loan, of a duly completed request therefor substantially in the form of Exhibit 2.4.1 or a request by telephone immediately confirmed in writing by letter, facsimile, or e-mail (in “pdf”, “tif” or similar format) in such form (each, a “Loan Request”), it being understood that the Administrative Agent may rely on the authority of any individual making such a telephonic request without the necessity of receipt of such written confirmation. Each Notwithstanding clauses (i) and (ii) above, the Borrowers may deliver a request to make a Revolving Credit Loan Request shall be irrevocable and shall specify (A) whether with respect to the proposed Loans are for the account of the US Revolving Borrowers or the Canadian Revolving BorrowersCECA Acquisition not later than 1:00 p.m., (Bi) the aggregate amount of the proposed Loans comprising each Borrowing Tranche, and, if applicable, the Interest Period, which amount shall be in two (x2) integral multiples of Five Hundred Thousand and 00/100 Dollars ($500,000.00) (or the Dollar Equivalent thereof) and not less than One Million and 00/100 Dollars ($1,000,000.00) (or the Dollar Equivalent thereof) for each Borrowing Tranche under the Euro-Rate Option, and (y) integral multiples of Five Hundred Thousand and 00/100 Dollars ($500,000.00) and not less than One Million and 00/100 Dollars ($1,000,000.00) for each Borrowing Tranche under the Base Rate Option, (B) whether the Euro-Rate Option or Base Rate Option shall apply Business Days prior to the proposed Loans comprising Borrowing Date if the applicable Borrowing Tranche, (C) the currency in which such Revolving Credit Loans Loan is denominated in Dollars and shall bear interest under the LIBOR Rate Option; or (ii) three (3) Business Days prior to the proposed Borrowing Date if such Loan shall be funded if the Borrowers elect the Euro-Rate Option, and (D) in the case of a Borrowing Tranche to which the Euro-Rate Option applies, an appropriate Interest Period for the Loans comprising such Borrowing Tranche. No Canadian Dollar Loans may be converted into a Base Rate Loan.Optional Currency
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Loan Requests. Except as otherwise provided herein, the Borrowing Agent may, on behalf of the US Revolving Borrowers or the Canadian Revolving Borrowers, Borrower may from time to time prior to the Maturity Expiration Date request the Lenders to make Revolving Credit Loans, or renew or convert the Interest Rate Option applicable to existing Revolving Credit Loans or Term Loans pursuant to Section 5.2 4.2 [Interest Periods], by delivering to the Administrative Agent, not later than 2:00 1:00 p.m., (i) three (3) Business Days prior to the proposed Borrowing Date with respect to the making of Revolving Credit Loans in Dollars to which the Euro-LIBOR Rate Option applies or the conversion to or the renewal of the Euro-LIBOR Rate Option for any Loans, except that for Loans in Dollarsto be made, converted and/or renewed on the Closing Date such notice may be made on the Closing Date; and (ii) not later than 2:00 p.m., one (i) four (41) Business Days Day prior to the proposed Borrowing Date with respect to the making of Revolving Credit Loans in Canadian Dollars or the date of conversion to or renewal of the Euro-Rate Option for any Loans in Canadian Dollars, and (iii) the same Business Day of either the proposed Borrowing Date with respect to the making of a Revolving Credit Loan to which the Base Rate Option applies or the last day of the preceding Interest Period with respect to the conversion to the Base Rate Option for any Loan, of a duly completed request therefor substantially in the form of Exhibit 2.4.1 2.5.1 or a request by telephone immediately confirmed in writing by letter, facsimile, PDF or e-electronic mail (in “pdf”, “tif” or similar format) in such form (each, a “"Loan Request”"), it being understood that the Administrative Agent may rely on the authority of any individual making such a telephonic request without the necessity of receipt of such written confirmation. Each Loan Request shall be irrevocable and shall specify (A) whether the proposed Loans are for the account of the US Revolving Borrowers or the Canadian Revolving Borrowers, (B) the aggregate amount of the proposed Loans comprising each Borrowing Tranche, and, if applicable, the Interest Period, which amount amounts shall be in (x) integral multiples of Five Hundred Thousand and 00/100 Dollars ($500,000.00) (or the Dollar Equivalent thereof) 50,000 and not less than One Million and 00/100 Dollars ($1,000,000.00) (or the Dollar Equivalent thereof) 5,000,000 for each Borrowing Tranche under the Euro-LIBOR Rate Option, and (y) integral multiples of Five Hundred Thousand and 00/100 Dollars ($500,000.00) and not less than One Million and 00/100 Dollars ($1,000,000.00) 1,000,000 for each Borrowing Tranche under the Base Rate Option, (B) whether the Euro-Rate Option or Base Rate Option shall apply to the proposed Loans comprising the applicable Borrowing Tranche, (C) the currency in which such Revolving Credit Loans shall be funded if the Borrowers elect the Euro-Rate Option, and (D) in the case of a Borrowing Tranche to which the Euro-Rate Option applies, an appropriate Interest Period for the Loans comprising such Borrowing Tranche. No Canadian Dollar Loans may be converted into a Base Rate Loan.
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Loan Requests. Except as otherwise provided herein, the Borrowing Agent may, on behalf of the US Revolving Borrowers or the Canadian Revolving Borrowers, Borrower may from time to time prior to the Maturity Expiration Date request the Lenders to make Revolving Credit Loans, or renew or convert the Interest Rate Option applicable to existing Revolving Credit Loans or Term Loans pursuant to Section 5.2 3.2 [Interest Periods], by delivering to the Administrative Agent, not later than 2:00 p.m.10:00 a.m., Pittsburgh time, (i) three (3) Business Days prior to the proposed Borrowing Date with respect to the making of Revolving Credit Loans in Dollars to which the Euro-Rate Option applies or the conversion to or the renewal of the Euro-Rate Option for any Loans in DollarsLoans; and (ii) not later than 2:00 p.m., (i) four (4) Business Days prior to the proposed Borrowing Date with respect to the making of Revolving Credit Loans in Canadian Dollars or the date of conversion to or renewal of the Euro-Rate Option for any Loans in Canadian Dollars, and (iii) the same Business Day of either the proposed Borrowing Date with respect to the making of a Revolving Credit Loan to which the Base Rate Option applies or the last day of the preceding Interest Period with respect to the conversion to the Base Rate Option for any Loan, of a duly completed request therefor substantially in the form of Exhibit 2.4.1 EXHIBIT 2.4 or a request by telephone immediately confirmed in writing by letter, facsimile, facsimile or e-mail (in “pdf”, “tif” or similar format) telex in such form (each, a “"Loan Request”"), it being understood that the Administrative Agent may rely on the authority of any individual making such a telephonic request for deposit into an account of the Borrower without the necessity of receipt of such written confirmation. Each Loan Request shall be irrevocable and shall specify (Ai) whether the proposed Loans are for the account of the US Revolving Borrowers or the Canadian Revolving Borrowers, Borrowing Date; (Bii) the aggregate amount of the proposed Loans comprising each Borrowing Tranche, and, if applicable, the Interest Period, which amount shall be in (x) integral multiples of Five Hundred Thousand and 00/100 Dollars ($500,000.00) (or the Dollar Equivalent thereof) 1,000,000 and not less than One Million and 00/100 Dollars ($1,000,000.00) (or the Dollar Equivalent thereof) 5,000,000 for each Borrowing Tranche under to which the Euro-Rate Option, Option applies and (y) which shall be in integral multiples of Five Hundred Thousand and 00/100 Dollars ($500,000.00) 100,000 and not less than One Million and 00/100 Dollars (the lesser of $1,000,000.00) 500,000 or the maximum amount available for each Borrowing Tranche under Tranches to which the Base Rate Option, Option applies; (Biii) whether the Euro-Rate Option or Base Rate Option shall apply to the proposed Loans comprising the applicable Borrowing Tranche, (C) the currency in which such Revolving Credit Loans shall be funded if the Borrowers elect the Euro-Rate Option, ; and (Div) in the case of a Borrowing Tranche to which the Euro-Rate Option applies, an appropriate Interest Period for the Loans comprising such Borrowing Tranche. No Canadian Dollar Loans may be converted into a Base Rate Loan.
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Loan Requests. Except as otherwise provided hereinA request for a Revolving Credit Loan shall be made, or shall be deemed to be made, in the Borrowing Agent mayfollowing manner: (a) Borrower Representative, on behalf of the US Revolving Borrowers or applicable Borrower, or, in the Canadian Revolving Borrowers, from time to time prior case of any request to the Maturity Date request U.K. Agent, the Lenders to make Revolving Credit LoansU.K. Borrower, may give Agent, or renew Canadian Agent or convert the Interest Rate Option applicable to existing Revolving Credit Loans or Term Loans pursuant to Section 5.2 [Interest Periods], by delivering to the Administrative U.K. Agent, not later than 2:00 p.m.as applicable, with a copy to Agent at the Appropriate Notice Office notice in a form reasonably acceptable to Agent of such Borrower's intention to borrow, in which notice Borrower Representative or U.K. Borrower (iif applicable and as the case may be) three (3) Business Days prior to shall specify the proposed Borrowing Date with respect to the making of Revolving Credit Loans in Dollars to which the Euro-Rate Option applies or the conversion to or the renewal of the Euro-Rate Option for any Loans in Dollars; (ii) not later than 2:00 p.m., (i) four (4) Business Days prior to the proposed Borrowing Date with respect to the making of Revolving Credit Loans in Canadian Dollars or the date of conversion to or renewal of the Euro-Rate Option for any Loans in Canadian Dollars, and (iii) the same Business Day amount of the proposed Borrowing Date with respect to the making borrowing of a Revolving Credit Loan to (which the Base Rate Option applies or the last day of the preceding Interest Period with respect to the conversion to the Base Rate Option for any Loan, of a duly completed request therefor substantially in the form of Exhibit 2.4.1 or a request by telephone immediately confirmed in writing by letter, facsimile, or e-mail (in “pdf”, “tif” or similar format) in such form (each, a “Loan Request”), it being understood that the Administrative Agent may rely on the authority of any individual making such a telephonic request without the necessity of receipt of such written confirmation. Each Loan Request shall be irrevocable and shall specify (A) whether the proposed Loans are for the account of the US Revolving Borrowers or the Canadian Revolving Borrowers, (B) the aggregate amount of the proposed Loans comprising each Borrowing Tranche, and, if applicable, the Interest Period, which amount shall be in (x) integral multiples of Five Hundred Thousand and 00/100 Dollars ($500,000.00) (or no less than the Dollar Equivalent thereof) and not less than One Million and 00/100 Dollars (of $1,000,000.00) (500,000 or an integral multiple of the Dollar Equivalent thereof) for each Borrowing Tranche of $100,000 in excess thereof in the case of Base Rate Revolving Portions or borrowings under the Euro-Rate Optionoverdraft forming part of the U.K. Revolving Credit Loans), and (y) integral multiples of Five Hundred Thousand and 00/100 Dollars ($500,000.00) and not less than One Million and 00/100 Dollars ($1,000,000.00) for each Borrowing Tranche under the Base Rate Option, (B) whether the Euro-Rate Option or Base Rate Option shall apply to the proposed Loans comprising the applicable Borrowing Tranche, (C) the currency in which such Revolving Credit Loans the borrowing is requested (which shall be funded if the Borrowers elect the Euro-Rate Option, and (D) Dollars or Euros in the case of a Borrowing Tranche U.S. Revolving Credit Loan to U.S. Borrowers, Canadian Dollars in the case of a Canadian Revolving Credit Loan to Canadian Borrowers and Sterling or Euros in the case of a U.K. Revolving Credit Loan to U.K. Borrower) and the proposed borrowing date, which shall be a Business Day, no later than 10:00 a.m. (prevailing time in the Euro-location of the Appropriate Notice Office) on the proposed borrowing date (or in accordance with SUBSECTION 3.1.7, 3.1.8 or 3.1.9, as applicable, in the case of a request for a LIBOR Revolving Portion or Canadian BA Rate Option appliesLoan), an appropriate Interest Period PROVIDED, HOWEVER, that no request for the Loans comprising such Borrowing Tranche. No a LIBOR Loan or Canadian Dollar Loans BA Rate Loan may be converted into made at a Base Rate Loantime when there exists a Default or an Event of Default; and (b) the becoming due of any amount required to be paid under this Agreement, or the Notes, whether as interest or for any other Obligation, shall be deemed irrevocably to be a request for a Revolving Credit Loan by the applicable Borrower on the due date in the amount required to pay such interest or other Obligation. With respect to borrowings under the overdraft forming part of the U.K. Revolving Credit Loans, the prior notice requirements and minimum borrowing amounts may be waived by U.K. Agent.
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Loan Requests. Except as otherwise provided herein, the Borrowing Agent may, on behalf of the US Revolving Borrowers or the Canadian Revolving Borrowers, Borrower may from time to time prior to the Maturity Expiration Date request the Lenders to make Revolving Credit Loans, or renew or convert the Interest Rate Option applicable to existing Revolving Credit Loans or Term Loans pursuant to Section 5.2 3.2 [Interest Periods], by delivering to the Administrative Agent, not later than 2:00 p.m.10:00 a.m., Pittsburgh time, (i) three (3) Business Days prior to the proposed Borrowing Date with respect to the making of Revolving Credit Loans in Dollars to which the Euro-Rate Option applies or the conversion to or the renewal of the Euro-Rate Option for any Loans in Dollars; (ii) not later than 2:00 p.m., (i) four (4and four(4) Business Days prior to the proposed Borrowing Date with respect to the making of Revolving Credit Loans in Canadian Dollars an Optional Currency or the date of conversion to or renewal of the Euro-Rate Option for any Loans in Canadian Dollars, and Optional Currency; and (iiiii) the same Business Day of the proposed Borrowing Date with respect to the making of a Revolving Credit Loan to which the Base Rate Option applies or the last day of the preceding Interest Period with respect to the conversion to the Base Rate Option for any Loan, of a duly completed request therefor substantially in the form of Exhibit 2.4.1 2.4 or a request by telephone immediately confirmed in writing by letter, facsimile, facsimile or e-mail (in “pdf”, “tif” or similar format) telex in such form (each, a “Loan Request”), it being understood that the Administrative Agent may rely on the authority of any individual making such a telephonic request without the necessity of receipt of such written confirmation. Each Loan Request shall be irrevocable and shall specify (Ai) whether the proposed Loans are for the account of the US Revolving Borrowers or the Canadian Revolving Borrowers, Borrowing Date; (Bii) the aggregate amount of the proposed Loans (expressed in the currency in which such Loans shall be funded and also as a Dollar Equivalent if such Loans shall be funded in an Optional Currency) comprising each Borrowing Tranche, and, if applicable, the Interest Period, Dollar Equivalent amount of which amount shall be in (x) integral multiples of Five Hundred Thousand and 00/100 Dollars ($500,000.00) (or the Dollar Equivalent thereof) 500,000 and not less than One Million and 00/100 Dollars ($1,000,000.00) (or the Dollar Equivalent thereof) 500,000 for each Borrowing Tranche under to which the Euro-Rate Option, and (y) integral multiples of Five Hundred Thousand and 00/100 Dollars ($500,000.00) Option applies and not less than One Million and 00/100 Dollars (the lesser of $1,000,000.00) 500,000 or the maximum amount available for each Borrowing Tranche under Tranches to which the Base Rate Option, Option applies; (Biii) whether the Euro-Rate Option or Base Rate Option shall apply to the proposed Loans comprising the applicable Borrowing Tranche, ; (Civ) the currency in which such Revolving Credit Loans shall be funded if the Borrowers elect Borrower is electing the Euro-Rate Option, ; and (Dv) in the case of a Borrowing Tranche to which the Euro-Rate Option applies, an appropriate Interest Period for the Loans comprising such Borrowing Tranche. No Canadian Dollar Loans may be converted into a Base Rate Loan.
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Samples: Credit Agreement (Excelsior Lasalle Property Fund Inc)
Loan Requests. Except as otherwise provided herein, the Borrowing Agent mayBorrower Agent, on behalf of itself or a Borrower identified in the US Revolving Borrowers or the Canadian Revolving BorrowersLoan Request (as hereinafter defined), may from time to time prior to the Maturity Expiration Date request the Lenders to make Revolving Credit Loans, or renew or convert the Interest Rate Option applicable to existing Revolving Credit Loans or Term Loans pursuant to Section 5.2 4.2 [Interest Periods], by delivering to the Administrative Agent, (i) not later than 2:00 1:00 p.m., (i) three (3) Business Days prior to the proposed Borrowing Date with respect to the making of Revolving Credit Loans in Dollars to which the Euro-Rate Option applies or the conversion to or the renewal of the Euro-Rate Option for any Loans in Dollars; (ii) not later than 2:00 1:00 p.m., (i) four (4) Business Days prior to the proposed Borrowing Date with respect to the making of Revolving Credit Optional Currency Loans in Canadian Dollars or the date of conversion to or renewal of the Euro-Rate Option for any Loans in Canadian Dollars, Optional Currency Loans; and (iii) not later than 11:00 a.m., the same Business Day of the proposed Borrowing Date with respect to the making of a Revolving Credit Loan to which the Base Rate Option applies or the last day of the preceding Interest Period with respect to the conversion to the Base Rate Option for any Loan, of a duly completed request therefor substantially in the form of Exhibit 2.4.1 or a request by telephone immediately confirmed in writing by letter, facsimile, facsimile or e-mail (in “pdf”, “tif” or similar format) telex in such form (each, a “Loan Request”), it being understood that the Administrative Agent may rely on the authority of any individual making such a telephonic request without the necessity of receipt of such written confirmation. Each Loan Request shall be irrevocable and shall specify (A) whether the proposed Loans are for the account of the US Revolving Borrowers or the Canadian Revolving Borrowers, (Bi) the aggregate amount of the proposed Loans (expressed in the currency in which such Loans shall be funded) comprising each Borrowing Tranche, and, if applicable, the Interest Period, which amount shall be in (x) integral multiples of Five Hundred Thousand and 00/100 Dollars ($500,000.00) 250,000 (or the Dollar Equivalent thereof) and not less than One Million and 00/100 Dollars ($1,000,000.00) 1,000,000 (or the Dollar Equivalent thereof) for each Borrowing Tranche under the Euro-Rate Option, and (y) integral multiples of Five Hundred Thousand and 00/100 Dollars ($500,000.00) 100,000 and not less than One Million and 00/100 Dollars ($1,000,000.00) 500,000 for each Borrowing Tranche under the Base Rate Option, ; (Bii) whether the Euro-Rate Option or Base Rate Option shall apply to the proposed Revolving Credit Loans comprising the applicable Borrowing Tranche, ; (Ciii) the currency in which such Revolving Credit Loans shall be funded if the Borrowers elect are electing the Euro-Rate Option, and ; (Div) in the case of a Borrowing Tranche to which the Euro-Rate Option applies, an appropriate Interest Period for the Loans comprising such Borrowing Tranche; and (v) which Borrower is requesting the Revolving Credit Loan. No Canadian Dollar Loans Loan made in an Optional Currency may be converted into a Base Rate LoanLoan or a Loan denominated in a different Optional Currency. Notwithstanding the requirement under this Section 2.4.1 [Loan Requests] that the Borrower Agent deliver a Loan Request three (3) Business Days prior to a proposed Borrowing Date with respect to the making of Revolving Credit Loans or Term Loans to which the Euro-Rate Option applies, the Lenders agree that the Borrower Agent may deliver a Loan Request on the same Business Day as the proposed Borrowing Date with respect to Term Loans made on the Second Amendment Closing Date.
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Samples: Credit Agreement (Foster L B Co)