Common use of Making Advances Clause in Contracts

Making Advances. (a Working Line Advances Prior to the Conversion Date, Revolver A Advances and Revolver B Advances. Each Borrowing of Working Line Advances Prior to the Conversion Date, Revolver A Advances and Revolver B Advances shall be made upon the written notice of the Borrower, received by Administrative Agent not later than (i) 12:00 p.m. central standard time three Business Days prior to the date of the proposed Borrowing, in the case of Advances which are LIBOR Advances and (ii) 12:00 p.m. central standard time on the date of such Borrowing, in the case of Advances which are Base Advances. Each such notice of a Borrowing (a "Borrowing Notice") shall be by telecopy or telephone, promptly confirmed by letter, in substantially the form of Exhibit F hereto specifying --------- therein: (i) the date of such proposed Borrowing, which shall be a Business Day, and whether such Borrowing will be under the Revolver A Loan, the Revolver B Loan, or, prior to the Conversion Date, the Working Line Loan; (ii) the Type of Advances of which the Borrowing is to be comprised; (iii) the amount of such proposed Borrowing which, (A) with respect to Advances drawn under (I) the Revolver A Loan, shall not exceed the unused portion of the Revolver A Commitment, (II) the Revolver B Loan, shall not exceed the unused portion of the Revolver B Commitment, and (III) prior to the Conversion Date, the Working Line Loan, shall not exceed the unused portion of the Working Line Commitment and (B) shall (I) in the case of a Borrowing of Base Advances, be in an amount of not less than $2,000,000 or an integral multiple of $1,000,000 in excess thereof (or any lesser amount if such amount is the remaining undrawn portion under the Revolver A Commitment, Revolver B Commitment or Working Line Commitment, respectively), and (II) in the case of a Borrowing of LIBOR Advances, be in an amount of not less than $5,000,000 or an integral multiple of $1,000,000 in excess thereof; and (iv) if the Borrowing is to be comprised of LIBOR Advances, the duration of the initial Interest Period applicable to such Advances. If the Borrowing Notice fails to specify (a) whether such Borrowing is under the Revolver A Loan, the Revolver B Loan or the Working Line Loan, then such Borrowing shall be deemed to be made under the Revolver A Loan or (b) the duration of the initial Interest Period for any Borrowing or Refinancing Advance, as applicable, comprised of LIBOR Advances, such Interest Period shall be one month. Administrative Agent shall promptly notify Lenders of each such notice. Each Lender shall, before 1:00 p.m. on the date of each Advance under the Revolver A Loan, the Revolver B Loan and the Working Line Loan hereunder (other than a Refinancing Advance), make available to Administrative Agent, at its office at Bank of America Plaza, 000 Xxxx Xxxxxx, Xxxxxx, Xxxxx 00000, such Lender's Applicable Specified Percentage of the aggregate Advances under the respective Loan requested, to be made on that day in immediately available funds.

Making Advances. (a Working Line a) Revolver A Advances Prior to the Conversion Date, Revolver A B Advances and Revolver B Term Loan Advances. Each Borrowing of Working Line Revolver A Advances Prior prior to the Conversion Date, Revolver A B Advances and Revolver B the Term Loan Advances shall be made upon the written notice of the Borrower, received by Administrative Agent not later than (i) 12:00 p.m. central standard 10:00 a.m. pacific time three Business Days prior to the date of the proposed Borrowing, in the case of Advances which are LIBOR Advances and (ii) 12:00 p.m. central standard 9:00 a.m. pacific time on the date of such Borrowing, in the case of Advances which are Base Rate Advances. Each such notice of a Borrowing (a "Borrowing Notice") shall be by telecopy or telephone, promptly confirmed by letter, in substantially the form of Exhibit F hereto specifying --------- therein: (i) the date of such proposed Borrowing, which shall be a Business Day, and whether such Borrowing will be under the Revolver A LoanLoan prior to the Conversion Date, the Revolver B Loan, or, prior to in the Conversion Date, case of an Advance on the Working Line Closing Date under the Term Loan; (ii) the Type of Advances of which the Borrowing is to be comprised; (iii) the amount of such proposed Borrowing which, (A) with respect to Advances drawn under (I) prior to the Conversion Date, the Revolver A Loan, shall not exceed the unused portion of the Revolver A Commitment, (II) the Revolver B Loan, shall not exceed the unused portion of the Revolver B CommitmentCommitment minus the undrawn face amount of all outstanding Letters of Credit and Reimbursement Obligations under Article III hereof, and (III) prior to the Conversion Date, the Working Line Term Loan, shall not exceed the unused portion of the Working Line Term Loan Commitment and (B) shall (I) in the case of a Borrowing of Base Rate Advances, be in an amount of not less than $2,000,000 or an integral multiple of $1,000,000 in excess thereof (or any lesser amount if such amount is the remaining undrawn portion under the Revolver A Commitment, Commitment or the Revolver B Commitment or Working Line Commitment, respectively), and (II) in the case of a Borrowing of LIBOR Advances, be in an amount of not less than $5,000,000 2,000,000 or an integral multiple of $1,000,000 in excess thereof; and (iv) if the Borrowing is to be comprised of LIBOR Advances, the duration of the initial Interest Period applicable to such Advances. If the Borrowing Notice fails to specify (a) whether such Borrowing is under the Revolver A Loan, Loan or the Revolver B Loan or the Working Line Loan, then such Borrowing shall be deemed to be made under the Revolver A Loan B Loan, (b) whether such Borrowing is to be a Base Rate Advance or a LIBOR Advance, then such Borrowing shall be deemed to be a Base Rate Advance, or (bc) the duration of the initial Interest Period for any Borrowing or Refinancing Advance, as applicable, comprised of LIBOR Advances, such Interest Period shall be one month. Administrative Agent shall promptly notify Lenders of each such notice. Each Lender shall, before 1:00 p.m. pacific time on the date of each Advance under the Revolver A Loan, the Revolver B Loan and the Working Line Term Loan hereunder (other than a Refinancing Advance), make available to Administrative Agent, at its office at Agent by wire to Bank of America PlazaAmerica, 000 Xxxx XxxxxxABA No. 111 0000 12, XxxxxxAcct. Name: Corporate FTA, Xxxxx 00000Acct No.: 3750836479, Attn: Chaxxxx Xxxxx, Xe: Northland Cable Television, such Lender's Applicable Specified Percentage of the aggregate Advances under the respective Loan requested, to be made on that day in immediately available funds.

Making Advances. (a Working Line Advances Prior to the Conversion Date, Revolver A Advances and Revolver B Advances. a) Each Borrowing of Working Line Advances Prior to the Conversion Date, Revolver A Advances and Revolver B Advances shall be made upon the written notice of the applicable Borrower, received by Administrative Agent not later than (i) 12:00 p.m. central standard time three Business Days prior to the date of the proposed Borrowing, in the case of Advances which are LIBOR Advances and (ii) 12:00 p.m. central standard time noon on the date of such Borrowing, in the case of Advances which are Base Advances. Notwithstanding any other provision contained in this Agreement to the contrary, each Borrower agrees that the Borrowers shall not be eligible to request or receive LIBOR Advances or Refinancing Advances. Each such notice of a Borrowing (a "Borrowing Notice") shall be by telecopy or telephone, promptly confirmed by letter, in substantially the form of Exhibit F C --------- hereto specifying --------- therein: (i) the date of such proposed Borrowing, which shall be a Business Day, and whether such Borrowing will be under the Revolver A Loan, the Revolver B Loan, or, prior to the Conversion Date, the Working Line Loan; (ii) the Type of Advances of which the Borrowing is to be comprised;; and (iii) the amount of such proposed Borrowing which, which (A) with respect to Advances drawn under (I) the Domestic Revolver A Loan shall not exceed the unused portion of the Domestic Revolver Commitment, (II) the Foreign Revolver Loan, shall not exceed the unused portion of the Foreign Revolver A Commitment, Commitment less outstanding Letters of Credit and reimbursement obligations (II) the Revolver B Loan, or if any Letter of Credit or reimbursement obligation shall not exceed the unused portion of the Revolver B Commitment, and (III) prior to the Conversion Datebe in a currency other than Dollars, the Working Line Loan, shall not exceed the unused portion Dollar equivalent of the Working Line Commitment such currency) and (B) shall (I) in the case of a Borrowing of Base Advances, be in an amount of not less than $2,000,000 or an integral multiple of $1,000,000 in excess thereof (or any lesser amount if such amount is the remaining undrawn portion under the Domestic Revolver A Commitment, Revolver B Commitment or Working Line the Foreign Revolver Commitment, respectively), and (II) in the case of a Borrowing of LIBOR Advances, be in an amount of not less than $5,000,000 or an integral multiple of $1,000,000 in excess thereof; and (iv) if the Borrowing is to be comprised of LIBOR Advances, the duration of the initial Interest Period applicable to such Advances. If the Borrowing Notice fails to specify (a) whether such Borrowing is under the Revolver A Loan, the Revolver B Loan or the Working Line Loan, then such Borrowing shall be deemed to be made under the Revolver A Loan or (b) the duration of the initial Interest Period for any Borrowing or Refinancing Advance, as applicable, comprised of LIBOR Advances, such Interest Period shall be one month. Administrative Agent shall promptly notify Lenders of each such notice. Each Lender shall, before 1:00 2:00 p.m. on the date of each Advance under the Domestic Revolver A Loan, Loan or the Foreign Revolver B Loan and the Working Line Loan hereunder (other than a Refinancing Advance), make available to Administrative Agent, at its office at Bank of America Plaza, 000 Xxxx Xxxxxx, Xxxxxx, Xxxxx 00000, such Lender's Applicable Domestic Revolver Specified Percentage and Foreign Revolver Specified Percentage of the aggregate Advances under the respective Loan requestedLoans, to be made on that day in immediately available funds.

Making Advances. (a Working Line Advances Prior to the Conversion Date, Revolver A Advances and Revolver B Advances. a) Each Borrowing of Working Line Advances Prior to under the Conversion Date, Revolver A Advances Revolving Loan and Revolver B Advances the Term Loan shall be made upon the written notice of the BorrowerCompany, received by Administrative Agent Lender not later than (i) 12:00 p.m. central standard time noon three Business Days prior to the proposed date of the proposed Borrowing, in the case of Advances which are LIBOR Advances and (ii) 12:00 p.m. central standard time not later than 10:00 a.m. on the date of such Borrowing, in the case of Advances which are Base Rate Advances. Each such notice of a Borrowing (a "Borrowing Notice") shall be by telecopy or telephonetelecopy, promptly confirmed by letter, in substantially the form of Exhibit F hereto specifying --------- therein: (i) the date of such proposed Borrowing, which shall be a Business Day, and whether such Borrowing will be under the Revolver A Loan, the Revolver B Loan, or, prior to the Conversion Date, the Working Line Loan; (ii) the Type of Advances of which the Borrowing is to be comprised; (iii) the amount of such proposed Borrowing which, (A) with respect to Advances drawn under (I) the Revolver A Revolving Loan, shall not exceed the unused portion Commitment less the sum of Advances under the Revolver A CommitmentRevolving Loan plus Bid Rate Loans then outstanding, (IIB) with respect to Advances under the Revolver B Term Loan, shall not not, when aggregated together with all other outstanding Advances under the Term Loan, exceed the unused portion of the Revolver B Commitment, Reduced Term Loan Amount and (IIIC) prior to shall, for the Conversion Date, the Working Line Loan, shall not exceed the unused portion of the Working Line Commitment Revolving Loan and (B) shall (I) in the case of a Borrowing of Base Advances, be in an amount of not less than $2,000,000 or an integral multiple of $1,000,000 in excess thereof (or any lesser amount if such amount is the remaining undrawn portion under the Revolver A Commitment, Revolver B Commitment or Working Line Commitment, respectively), and (II) Term Loan in the case of a Borrowing of LIBOR Advances, be in an amount of not less than $5,000,000 or an integral multiple of $1,000,000 in excess thereof and, in the case of a Borrowing of Base Rate Advances, be in an amount of not less than $1,000,000 or an integral multiple of $500,000 in excess thereof; (iii) the Type of Advances of which the Borrowing is to be comprised; and (iv) if the Borrowing is to be comprised of LIBOR Advances, the duration of the initial Interest Period applicable to such Advances. If the Borrowing Notice fails to specify (a) whether such Borrowing is under the Revolver A Loan, the Revolver B Loan or the Working Line Loan, then such Borrowing shall be deemed to be made under the Revolver A Loan or (b) the duration of the initial Interest Period for any Borrowing or Refinancing Advance, as applicable, comprised of LIBOR Advances, such Interest Period shall be one month. Administrative Agent Lender shall promptly notify Lenders give prompt notice (which may be by telecopy or telephonic, to be confirmed by telecopy) of its receipt of a Borrowing Notice to each such noticeLender. Each Lender shall, before 1:00 2:00 p.m. on the date of each Advance hereunder under the Revolver A Loan, the Revolver B Revolving Loan and the Working Line Loan hereunder (other than a Refinancing Advance), make available to Administrative Agent, at its office at Bank of America Plaza, 000 Xxxx Xxxxxx, Lender NationsBank Plaza 901 Main Street 00xx Xxxxx Xxxxxx, Xxxxx 00000, 00000 Attn. Theresa Belk -6- such Lender's Applicable Specified Percentage of the aggregate Advances under the respective Revolving Loan requested, to be made on that day in immediately available funds. (b) Unless any applicable condition specified in Article III hereof has not been satisfied, Administrative Lender will make the funds on Advances under the Revolving Loan promptly available to Company (other than with respect to a Refinancing Advance) by wiring Norwest Bank Minneapolis, N.A., ABA #091000019, Beneficiary Xxxx: Norwest Bank Arizona, Beneficiary Account: 8711701002, Beneficiary Name: FFCA, or such other account as shall have been specified by Company. (c) After giving effect to any Borrowing, (i) there shall not be more than ten different Interest Periods in effect and (ii) the aggregate principal of outstanding Advances, shall, (A) prior to the Conversion Date, not exceed the Commitment, and (B) after the Conversion Date, not exceed the Reduced Term Loan Amount. (d) No Interest Period for a Borrowing under the Facility shall extend beyond the Maturity Date. (e) Unless a Lender shall have notified Administrative Lender prior to the date of any Advance under the Revolving Loan or the Term Loan that it will not make available its Specified Percentage of any such Advance, Administrative Lender may assume that such Lender has made the appropriate amount available in accordance with Section 2.2(a), and Administrative Lender may, in reliance upon such assumption, make available to Company a corresponding amount. If and to the extent any Lender shall not have made such amount available to Administrative Lender, such Lender and Company severally agree to repay to Administrative Lender immediately on demand such corresponding amount together with interest thereon, from the date such amount is made available to Company until the date such amount is repaid to Administrative Lender, at (i) in the case of Company, the Base Rate, and (ii) in the case of such Lender, the Federal Funds Rate. The obligation of Company under this Section 2.2(e) shall not affect or impair any right of Company against any Lender for such Lender's breach of its obligation to fund Advances under the Revolving Loan or the Term Loan. (g) Company shall indemnify each Lender against any Consequential Loss incurred by each Lender as a result of (i) any failure to fulfill, on or before the date specified in the Borrowing Notice for an Advance under the Revolving Loan or the Term Loan, the conditions to such Advance set forth herein or (ii) Company's requesting that an Advance under the Revolving Loan or the Term Loan not be made on the date specified in the Borrowing Notice. (h) With respect to each Borrowing consisting of Bid Rate Loans, Company shall give Administrative Lender and each Lender prior to 10:00 a.m., (i) in the case of LIBOR Bid Rate Loans, at least four Business Days prior to the proposed Borrowing and (ii) in the case of Absolute Bid Rate Loans, at least two Business Days prior to the proposed Borrowing, irrevocable written notice of its intention to borrow Bid Rate Loans. Such notice of borrowing shall specify (i) the requested funding date, which shall be a Business Day, (ii) the aggregate amount of the proposed Borrowing of Bid Rate Loans (which shall be at least $10,000,000 and which is an integral multiple of $1,000,000 in excess thereof), (iii) the term of the Bid Rate Loans selected by Company, provided that such term shall not extend past the Conversion Date, (iv) whether the Bid Rate Loans requested are Absolute Bid Rate Loans or LIBOR Bid Rate Loans, and (v) any other terms applicable thereto. Company shall pay a $1,000 non-refundable, administrative fee for the account of Administrative Lender for each notice of proposed Borrowing consisting of Bid Rate Loans. Such fee shall be paid to Administrative Lender on the date of delivery of Company's notice of intention to borrow Bid Rate Loans, and shall not be refunded notwithstanding that the proposed Borrowing is canceled by Borrower or no Lender offers to make a Bid Rate Loan. (i) Each Lender shall, if, in its sole discretion, it elects to do so, irrevocably offer to make one or more Bid Rate Loans to Company as part of such proposed Borrowing at a rate or rates of interest specified by such Lender in its sole discretion, by delivering a written quote to Administrative Lender before 10:00 a.m., (A) three Business Days prior to the proposed date of Borrowing, in the case of a request for LIBOR Bid Rate Loans, and (B) one Business Day prior to the proposed date of Borrowing, in the case of a request for Absolute Bid Rate Loans, setting forth (A) the minimum amount (which shall be $1,000,000 or an integral multiple in excess thereof) and maximum amount of each Bid Rate Loan which such Lender would be willing to make as part of the proposed Borrowing (which amounts may exceed such Lender's Specified Percentage of the Commitment) and (B) the rate or rates of interest therefor. If any Lender shall fail to respond to Administrative Lender by such time, such Lender shall be deemed to have elected not to make an offer. (ii) Not later than 11:00 a.m. (A) shall, in turn, either (A) cancel such proposed Borrowing by giving Administrative Lender notice to that effect, or (B) accept one or more of the offers made by any Lender or Lenders pursuant to clause (i) above, in its sole discretion, by giving notice to Administrative Lender of the amount of each Bid Rate Loan (which amount shall be equal to or greater than the minimum amount, and equal to or less than the maximum amount, for which notification was given to Company by any Lender for such Bid Rate Loan pursuant to clause (i) above) to be made by each Lender as part of such Borrowing, and reject any remaining offers made by Lenders pursuant to clause (i) above by giving Administrative Lender notice to that effect; provided, however, that acceptance by Company of offers may only be made on the basis of ascending LIBOR Bid Rates and Absolute Bid Rates within each term with respect to Lenders whose outstanding Advances do not exceed or would not exceed as a result of such Bid Rate Loans its Specified Percentage of the Commitment; and, provided, further, that if offers are made by two or more such Lenders with the same LIBOR Bid Rates or Absolute Bid Rates for a greater aggregate principal amount than the amount for which such offers are accepted for the related term, the principal amount of Bid Rate Loans accepted shall be allocated by Company among such Lenders as nearly as possible (in multiples not less than $1,000,000) in proportion to the aggregate principal amount of such offers. (iii) Administrative Lender shall promptly notify each bidding Lender whether or not its Bid Rate Loan has been accepted (which notice to those Lenders whose Bid Rate Loans have been accepted will be given within one hour from the time such bid was accepted by Company). After completing the notifications referred to in the immediately preceding sentence, Administrative Lender shall notify each bidding Lender (A) the aggregate amount of Bid Rate Loans made in connection with such proposed Borrowing, (B) each date on which any Bid Rate Loan shall mature, (C) the principal amount of Bid Rate Loans which shall mature on each such date, (D) the interest rate for each such Bid Rate Loan, (E) the highest and lowest bid submitted by Lenders in connection with each Bid Rate Loan request and (F) Lender making each such Bid Rate Loan. (iv) If Administrative Lender shall at any time elect to submit a bid for a Bid Rate Loan in its capacity as a Lender, it shall submit such bid directly to Company one-half hour earlier than the latest time at which other Lenders are required to submit their bid to Administrative Lender pursuant to Section 2(h)(i) hereof. -9- (v) If Company accepts one or more offers made by any Lender or Lenders pursuant to clause (ii)(B) above, each such Lender shall, unless any applicable condition specified in Article III hereof has not been satisfied, make the funds under the Bid Rate Loans promptly available to Company by wiring Norwest Bank Minneapolis, N.A., ABA # 091000019, Xxxxficiary Bank: Norwest Bank Arizona, Beneficiary Account: 8711701002, Beneficiary Xxxx: XXCA, or such other account as shall have been specified by Company."