Common use of Making of Revolving Credit Advances Clause in Contracts

Making of Revolving Credit Advances. If a Borrower requests a Revolving Credit Advance in accordance with the provisions of this Clause 3 and, on the proposed date for the making of such Advance: (a) none of the events mentioned in Clause 22(a) and (b) (Market Disruption) shall have occurred; (b) the Dollar Amount of such Revolving Credit Advance does not exceed the Available Facility; (c) to give effect to such request would not result in more than ten Advances being outstanding; and (d) either: (i) no Event of Default or Potential Event of Default has occurred and is continuing or would result from the making of such Revolving Credit Advance; and (ii) the representations set out in Clause 23 (Representation and Warranties) which are to be repeated pursuant to the relevant Utilisation Request are true on and as of the proposed date for the making of such Revolving Credit Advance and would continue to be true immediately following the making of the relevant Revolving Credit Advance and the application of the proceeds thereof in meeting the purpose for the making of such Revolving Credit Advance (as if references therein to Original Financial Statements were references to the most recent set of annual audited financial statements delivered by each Borrower to the Facility Agent pursuant to Clause 24 (Undertakings)) or each of the Banks agrees, notwithstanding any matter mentioned at (i) or (ii) above to participate in the making of such Revolving Credit Advance, then: (1) the Facility Agent (or in the case of a Revolving Credit Advance denominated in an Optional Currency, the Multicurrency Facility Agent) shall, no later than 5.00 p.m. (London time) on the third business day prior to the proposed Utilisation Date, notify each Bank by telefax or by telephone (with confirmation to follow by telefax) at its Facility Office specified for the purpose of Revolving Credit Advances of the amount of such Revolving Credit Advance, the amount of such Bank's participation therein and the period for which such Revolving Credit Advance is to be made; (2) each Bank shall, no later than 12.00 noon (local time for the financial centre of the relevant currency) on such proposed Utilisation Date make its portion of such Revolving Credit Advance available to the Facility Agent or in the case of a Revolving Credit Advance denominated in an Optional Currency, the Multicurrency Facility Agent), in the relevant currency, in accordance with Clause 29 (Payments); and (3) the Facility Agent (or in the case of a Revolving Credit Advance denominated in an Optional Currency, the Multicurrency Facility Agent) shall, no later than 4.00 p.m. (local time for the financial centre of the relevant currency) on such proposed Utilisation Date, make such Revolving Credit Advance available to the relevant Borrower in accordance with but subject to Clause 29 (Payments).

Appears in 3 contracts

Samples: Multicurrency Revolving Credit Agreement (Royal Ahold), Multicurrency Revolving Credit Agreement (Royal Ahold), Multicurrency Revolving Credit Agreement (Royal Ahold)

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Making of Revolving Credit Advances. If (a) Each Revolving Credit Advance shall be made on notice given by BCS Holdings, as agent for the Borrowers, to the Agent not later than 12:00 noon (Denver time) on the date of the proposed Borrowing with respect to Revolving Credit Advance (a Borrower requests “Notice of Revolving Credit Borrowing”); provided, however, that if the Borrowers elect a LIBOR Rate Pricing Option with respect to any Revolving Credit Advance in accordance with the provisions Section 2.5 hereof, such Notice of this Clause 3 andRevolving Credit Borrowing shall be given by BCS Holdings, on the proposed date as agent for the making Borrowers, contemporaneously with a Pricing Notice in the manner and within the time specified in Section 2.5. The Agent shall give the Lenders notice of such Advance: (a) none each Notice of the events mentioned in Clause 22(a) and (b) (Market Disruption) shall have occurred; (b) the Dollar Amount of such Revolving Credit Advance does not exceed Borrowing in accordance with the Available Facility; (c) to give effect to Agent’s customary practice. Each such request would not result Notice of Revolving Credit Borrowing shall be by telephone or telecopy, in more than ten Advances being outstanding; and (d) either: each case confirmed immediately in writing by the Borrowers in substantially the form of Exhibit B-2 hereto, specifying therein (i) no Event of Default or Potential Event of Default has occurred and is continuing or would result from the making of such Revolving Credit Advance; and (ii) the representations set out in Clause 23 (Representation and Warranties) which are to be repeated pursuant to the relevant Utilisation Request are true on and as of the proposed requested date for the making of such Revolving Credit Advance and would continue to be true immediately following (ii) the making of the relevant Revolving Credit Advance and the application of the proceeds thereof in meeting the purpose for the making amount of such Revolving Credit Advance (which shall not be less than $100,000 and in an integral multiple of $50,000). The Loan Parties agree to indemnify and hold the Lenders harmless for any action, including the making of any Revolving Credit Advances hereunder, or loss or expense, taken or incurred by the Agent and the Lenders in good faith reliance upon such telephone request. The Loan Parties hereby agree that each request for a Revolving Credit Advance, whether by telephone or in writing or otherwise, shall constitute a confirmation that the conditions set forth in Section 3.3 hereof have been satisfied as if references therein to Original Financial Statements were references of the date of such request. (b) Subject to the most recent set terms and conditions of annual audited financial statements delivered by this Agreement, each Borrower Lender shall make available on or before 2:00 p.m. (Denver time) on the date of each proposed Revolving Credit Advance, to the Facility Agent pursuant to Clause 24 (Undertakings)) or each of at the Banks agreesAgent’s address and in immediately available funds, notwithstanding any matter mentioned at (i) or (ii) above to participate in the making such Lender’s Commitment Percentage of such Revolving Credit Advance. After the Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article 3, then:the Agent will credit such funds to the account of BCS Holdings, as agent for the Borrowers, on the date of the proposed Revolving Credit Advance. (1c) Unless the Facility Agent (or in shall have received notice from a Lender prior to the case date of a any Revolving Credit Advance denominated in an Optional Currency, the Multicurrency Facility Agent) shall, no later than 5.00 p.m. (London time) on the third business day prior that such Lender will not make available to the proposed Utilisation Date, notify each Bank by telefax or by telephone (with confirmation to follow by telefax) at its Facility Office specified for the purpose of Revolving Credit Advances of the amount Agent such Lender’s Commitment Percentage of such Revolving Credit Advance, the Agent may assume that such Lender has made such amount available to the Agent on the date of such Bank's participation therein and the period for which such Revolving Credit Advance is to be made; (2) each Bank shallin accordance with and as provided in this Section 2.3 and the Agent may, no later than 12.00 noon (local time for the financial centre of the relevant currency) in reliance upon such assumption, make available on such proposed Utilisation Date make date a corresponding amount to the Borrowers. If and to the extent such Lender shall not have so made its portion Commitment Percentage of such Revolving Credit Advance available to the Facility Agent and the Agent shall have made available such corresponding amount to the Borrowers, such Lender agrees to pay to the Agent forthwith on demand, and the Borrowers agree to repay to the Agent within two Business Days after demand (but only after demand for payment has first been made to such Lender and such Lender has failed to make such payment), an amount equal to such corresponding amount together with interest thereon for each day from the date the Agent shall make such amount available to the Borrowers until the date such amount is paid or in repaid to the case of a Agent, at an interest rate equal to the interest rate applicable at the time to such Revolving Credit Advances. If such Lender shall pay to the Agent such corresponding amount, such amount so paid shall constitute such Lender’s Revolving Credit Advance denominated in an Optional Currencyfor purposes of this Agreement. If the Borrowers make a repayment required by the foregoing provisions of this Section 2.3(c) and thereafter the applicable Lender or Lenders make the payments to the Agent required by this Section 2.3(c), the Multicurrency Facility Agent), in Agent shall promptly refund the relevant currency, in accordance with Clause 29 (Payments); andamount of the Borrowers’ payment. (3d) The failure of any Lender to make the Facility Agent (or in the case of a Revolving Credit Advance denominated in an Optional Currencyto be made by it on any date shall not relieve any other Lender of its obligation, the Multicurrency Facility Agent) shallif any, no later than 4.00 p.m. (local time for the financial centre of the relevant currency) on such proposed Utilisation Date, hereunder to make such its Revolving Credit Advance available on such date, but no Lender shall be responsible for the failure of any other Lender to make the relevant Borrower in accordance with but subject Revolving Credit Advance to Clause 29 (Payments)be made by such other Lender.

Appears in 1 contract

Samples: Credit Agreement (Booth Creek Ski Holdings Inc)

Making of Revolving Credit Advances. If a Borrower requests a Revolving Credit Advance in accordance with the provisions of this Clause 3 and, on the proposed date for the making of such Advance: (a) none of the events mentioned in Clause 22(a) and (b) (Market Disruption) shall have occurred; (b) the Dollar Amount of such Revolving Credit Advance does not exceed the Available Facility; (c) to give effect to such request would not result in more than ten Advances being outstanding; and (d) either: (i) no Event of Default or Potential Event of Default has occurred and is continuing or would result from the making of such Revolving Credit Advance; and (ii) the representations set out in Clause 23 (Representation and Warranties) which are to be repeated pursuant to the relevant Utilisation Request are true on and as of the proposed date for the making of such Revolving Credit Advance and would continue to be true immediately following the making of the relevant Revolving Credit Advance and the application of the proceeds thereof in meeting the purpose for the making of such Revolving Credit Advance (as if references therein to Original Financial Statements were references to the most recent set of annual audited financial statements delivered by each Borrower to the Facility Agent pursuant to Clause 24 (Undertakings)) or each of the Banks agrees, notwithstanding any matter mentioned at (i) or (ii) above to participate in the making of such Revolving Credit Advance, then: (1) the Facility Agent (or in the case of a Revolving Credit Advance denominated in an Optional Currency, the Multicurrency Facility Agent) shall, no later than 5.00 p.m. (London time) on the third business day prior to the proposed Utilisation Date, notify each Bank by telefax or by telephone (with confirmation to follow by telefax) at its Facility Office specified for the purpose of Revolving Credit Advances of the amount of such Revolving Credit Advance, the amount of such Bank's participation therein and the period for which such Revolving Credit Advance is to be made; (2) each Bank shall, no later than 12.00 noon (local time for the financial centre of the relevant currency) on such proposed Utilisation Date make its portion of such Revolving Credit Advance available to the Facility Agent or in the case of a Revolving Credit Advance denominated in an Optional Currency, the Multicurrency Facility Agent), in the relevant currency, in accordance with Clause 29 (Payments); and (3) the Facility Agent (or in the case of a Revolving Credit Advance denominated in an Optional Currency, the Multicurrency Facility Agent) shall, no later than 4.00 p.m. (local time for the financial centre of the relevant currency) on such proposed Utilisation Date, make such Revolving Credit Advance available to the relevant Borrower in accordance with but subject to Clause 29 (Payments).,

Appears in 1 contract

Samples: Multicurrency Revolving Credit Agreement (Royal Ahold)

Making of Revolving Credit Advances. If (a) Each Revolving Credit Advance shall be made on notice given by URI, as agent for the Borrowers, to the Administrative Agent not later than 12:00 noon (Boston time) on the date of the proposed Borrowing (a Borrower requests "Notice of Revolving Credit Borrowing"); PROVIDED, HOWEVER, that if the Borrowers elect a LIBOR Rate Pricing Option with respect to any Revolving Credit Advance in accordance with the provisions Section 2.5 hereof, such Notice of this Clause 3 and, on the proposed date for the making of such Advance: (a) none of the events mentioned in Clause 22(a) and (b) (Market Disruption) shall have occurred; (b) the Dollar Amount of such Revolving Credit Advance does not exceed Borrowing shall be given by URI contemporaneously with a Pricing Notice in the Available Facility; (c) to manner and within the time specified in Section 2.5. The Administrative Agent shall give effect to the Lenders notice of each Notice of Revolving Credit Borrowing in accordance with the Administrative Agent's customary practice. Each such request would not result Notice of Revolving Credit Borrowing shall be by telephone or telecopy, in more than ten Advances being outstanding; and (d) either: each case confirmed immediately in writing by URI in substantially the form of EXHIBIT B hereto, specifying therein (i) no Event of Default or Potential Event of Default has occurred and is continuing or would result from the making requested date of such Revolving Credit Advance; and , and (ii) the representations set out in Clause 23 (Representation and Warranties) which are to be repeated pursuant to the relevant Utilisation Request are true on and as of the proposed date for the making of such Revolving Credit Advance and would continue to be true immediately following the making of the relevant Revolving Credit Advance and the application of the proceeds thereof in meeting the purpose for the making amount of such Revolving Credit Advance (as if references therein which must be a minimum of $100,000). The Borrowers, jointly and severally, agree to Original Financial Statements were references indemnify and hold the Lenders harmless for any action, including the making of any Revolving Credit Advances hereunder, or loss or expense, taken or incurred by the Administrative Agent and the Lenders in good faith reliance upon such telephone request. At the time of the initial request for a Revolving Credit Advance made under this Section 2.3, the Borrowers, jointly and severally, shall have provided the Administrative Agent with a Compliance Certificate. The Borrowers, hereby agree, jointly and severally, (i) that the Lenders shall be entitled to rely upon the Compliance Certificate most recently delivered to the Administrative Agent until it is superseded by a more recent Compliance Certificate, and (ii) that each request for a Revolving Credit Advance, whether by telephone or in writing or otherwise, shall constitute a confirmation of the representations and warranties contained in the most recent set of annual audited financial statements delivered by each Borrower Compliance Certificate then in the Administrative Agent's possession. (b) Subject to the Facility terms and conditions of this Agreement, each Lender shall make available on or before 2:00 p.m. on the date of each proposed Revolving Credit Advance, to the Administrative Agent pursuant to Clause 24 (Undertakings)) or each of at the Banks agreesAdministrative Agent's address and in immediately available funds, notwithstanding any matter mentioned at (i) or (ii) above to participate in the making such Lender's Commitment Percentage of such Revolving Credit Advance. After the Administrative Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article 3, then:the Administrative Agent will credit such funds to URI's account on the date of the proposed Revolving Credit Advance. (1c) Unless the Facility Administrative Agent (or in shall have received notice from a Lender prior to the case date of a any Revolving Credit Advance denominated in an Optional Currency, the Multicurrency Facility Agent) shall, no later than 5.00 p.m. (London time) on the third business day prior that such Lender will not make available to the proposed Utilisation Date, notify each Bank by telefax or by telephone (with confirmation to follow by telefax) at its Facility Office specified for the purpose of Revolving Credit Advances of the amount Administrative Agent such Lender's Commitment Percentage of such Revolving Credit Advance, the Administrative Agent may assume that such Lender has made such amount available to the Administrative Agent on the date of such Bank's participation therein and the period for which such Revolving Credit Advance is to be made; (2) each Bank shallin accordance with and as provided in this Section 2.3 and the Administrative Agent may, no later than 12.00 noon (local time for the financial centre of the relevant currency) in reliance upon such assumption, make available on such proposed Utilisation Date make date a corresponding amount to the Borrowers. If and to the extent such Lender shall not have so made its portion Commitment Percentage of such Revolving Credit Advance available to the Facility Administrative Agent and the Administrative Agent shall have made available such corresponding amount to the Borrowers, such Lender agrees to pay to the Administrative Agent forthwith on demand, and the Borrowers, jointly and severally, agree to repay to the Administrative Agent within two (2) Business Days after demand (but only after demand for payment has first been made to such Lender and such Lender has failed to make such payment), an amount equal to such corresponding amount together with interest thereon for each day from the date the Administrative Agent shall make such amount available to the Borrowers until the date such amount is paid or in repaid to the case of a Administrative Agent, at an interest rate equal to the interest rate applicable at the time to such Revolving Credit Advances. If such Lender shall pay to the Administrative Agent such corresponding amount, such amount so paid shall constitute such Lender's Revolving Credit Advance denominated in an Optional Currencyfor purposes of this Agreement. If the Borrowers make a repayment required by the foregoing provisions of this Section 2.3(c) and thereafter the applicable Lender or Lenders make the payments to the Administrative Agent required by this Section 2.3(c), the Multicurrency Facility Agent), in Administrative Agent shall promptly refund the relevant currency, in accordance with Clause 29 (Payments); andamount of the Borrowers' payment. (3d) The failure of any Lender to make the Facility Agent (or in the case of a Revolving Credit Advance denominated in an Optional Currencyto be made by it on any date shall not relieve any other Lender of its obligation, the Multicurrency Facility Agent) shallif any, no later than 4.00 p.m. (local time for the financial centre of the relevant currency) on such proposed Utilisation Date, hereunder to make such its Revolving Credit Advance available on such date, but no Lender shall be responsible for the failure of any other Lender to make the relevant Borrower in accordance with but subject Revolving Credit Advance to Clause 29 (Payments)be made by such other Lender.

Appears in 1 contract

Samples: Credit Agreement (Uno Restaurant Corp)

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Making of Revolving Credit Advances. If (a) Each Revolving Credit Advance shall be made on notice given by the Borrower to the Agent not later than 11:00 a.m. (Boston time) on the date of the proposed Borrowing (a "Notice of Revolving Credit Borrowing"); provided, however that if the Borrower requests elects a LIBOR Rate Pricing Option with respect to any Revolving Credit Advance in accordance with the provisions Section 2.4 hereof, such Notice of this Clause 3 and, on the proposed date for the making of such Advance: (a) none of the events mentioned in Clause 22(a) and (b) (Market Disruption) shall have occurred; (b) the Dollar Amount of such Revolving Credit Advance does not exceed Borrowing shall be given by the Available Facility; (c) to Borrower contemporaneously with a Pricing Notice in the manner and within the time specified in Section 2.4. The Agent shall give effect to the Lenders notice of each Notice of Revolving Credit Borrowing in accordance with the Agent's customary practice. Each such request would not result Notice of Revolving Credit Borrowing shall be by telephone or telecopy, in more than ten Advances being outstanding; and (d) either: each case confirmed immediately in writing by the Borrower in substantially the form of Exhibit B hereto, specifying therein (i) no Event of Default or Potential Event of Default has occurred and is continuing or would result from the making requested date of such Revolving Credit Advance; and , and (ii) the representations set out in Clause 23 (Representation and Warranties) which are to be repeated pursuant to the relevant Utilisation Request are true on and as of the proposed date for the making of such Revolving Credit Advance and would continue to be true immediately following the making of the relevant Revolving Credit Advance and the application of the proceeds thereof in meeting the purpose for the making amount of such Revolving Credit Advance (as if references therein which must be a minimum of $100,000). The Borrower agrees to Original Financial Statements were references to indemnify and hold the most recent set of annual audited financial statements delivered by each Borrower to the Facility Agent pursuant to Clause 24 (Undertakings)) or each of the Banks agreesLenders harmless for any action, notwithstanding any matter mentioned at (i) or (ii) above to participate in including the making of such any Revolving Credit AdvanceAdvances hereunder, then: (1) or loss or expense, taken or incurred by the Facility Agent (or and the Lenders in good faith reliance upon such telephone request. At the case time of the initial request for a Revolving Credit Advance denominated in an Optional Currencymade under this Section 2.2, the Multicurrency Facility Agent) shall, no later than 5.00 p.m. (London time) on Borrower shall have provided the third business day prior to the proposed Utilisation Date, notify each Bank by telefax or by telephone (Agent with confirmation to follow by telefax) at its Facility Office specified for the purpose of Revolving Credit Advances of the amount of such Revolving Credit Advance, the amount of such Bank's participation therein and the period for which such Revolving Credit Advance is to be made; (2) each Bank shall, no later than 12.00 noon (local time for the financial centre of the relevant currency) on such proposed Utilisation Date make its portion of such Revolving Credit Advance available to the Facility Agent or in the case of a Revolving Credit Advance denominated in an Optional Currency, the Multicurrency Facility Agent), in the relevant currency, in accordance with Clause 29 (Payments); and (3) the Facility Agent (or in the case of a Revolving Credit Advance denominated in an Optional Currency, the Multicurrency Facility Agent) shall, no later than 4.00 p.m. (local time for the financial centre of the relevant currency) on such proposed Utilisation Date, make such Revolving Credit Advance available to the relevant Borrower in accordance with but subject to Clause 29 (Payments).a

Appears in 1 contract

Samples: Credit Agreement (Boston Celtics Limited Partnership Ii /De/)

Making of Revolving Credit Advances. If (a) Each Revolving Credit Advance shall be made on notice given by New England Audio to the Agent not later than 11:00 a.m. (Boston time) on the date of the proposed Borrowing (a Borrower requests "Notice of Revolving Credit Borrowing"); provided, however that if the Borrowers elect a Eurodollar Pricing Option with respect to any Revolving Credit Advance in accordance with the provisions Section 2.4 hereof, such Notice of this Clause 3 and, on the proposed date for the making of such Advance: (a) none of the events mentioned in Clause 22(a) and (b) (Market Disruption) shall have occurred; (b) the Dollar Amount of such Revolving Credit Advance does not exceed Borrowing shall be given by New England Audio contemporaneously with a Eurodollar Pricing Notice in the Available Facility; (c) to manner and within the time specified in Section 2.4. The Agent shall give effect to the Lenders notice of each Notice of Revolving Credit Borrowing in accordance with the Agent's customary practice. Each such request would not result Notice of Revolving Credit Borrowing shall be by telephone or telecopy, in more than ten Advances being outstanding; and (d) either: each case confirmed immediately in writing by New England Audio in substantially the form of Exhibit B hereto, specifying therein (i) no Event of Default or Potential Event of Default has occurred and is continuing or would result from the making of such Revolving Credit Advance; and (ii) the representations set out in Clause 23 (Representation and Warranties) which are to be repeated pursuant to the relevant Utilisation Request are true on and as of the proposed requested date for the making of such Revolving Credit Advance and would continue to be true immediately following (ii) the making of the relevant Revolving Credit Advance and the application of the proceeds thereof in meeting the purpose for the making amount of such Revolving Credit Advance (as if references therein which must be a minimum of $100,000). The Borrowers, jointly and severally, agree to Original Financial Statements were references indemnify and hold the Lenders harmless for any action, including the making of any Revolving Credit Advances hereunder, or loss or expense, taken or incurred by the Agent and the Lenders in good faith reliance upon such telephone request. At the time of the initial request for a Revolving Credit Advance made under this Section 2.2, the Borrowers shall have provided the Agent with a Compliance Certificate. The Borrowers, jointly and severally, hereby agree (A) that the Lenders shall be entitled to rely upon the Compliance Certificate most recently delivered to the Agent until it is superseded by a more recent Compliance Certificate and (B) that each request for a Revolving Credit Advance, whether by telephone or in writing or otherwise, shall constitute a confirmation of the representations and warranties contained in the most recent set of annual audited financial statements delivered by each Borrower Compliance Certificate then in the Agent's possession. (b) Subject to the Facility terms and conditions of this Agreement, each Lender shall make available on or before 2:00 p.m., Boston time, on the date of each proposed Revolving Credit Advance, to the Agent pursuant to Clause 24 (Undertakings)) or each of at the Banks agreesAgent's address and in immediately available funds, notwithstanding any matter mentioned at (i) or (ii) above to participate in the making such Lender's Commitment Percentage of such Revolving Credit Advance. After the Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article 3, then:the Agent will credit such funds to New England Audio's account on the date of the proposed Revolving Credit Advance. (1c) Unless the Facility Agent (or in shall have received notice from a Lender prior to the case date of a any Revolving Credit Advance denominated in an Optional Currency, the Multicurrency Facility Agent) shall, no later than 5.00 p.m. (London time) on the third business day prior that such Lender will not make available to the proposed Utilisation Date, notify each Bank by telefax or by telephone (with confirmation to follow by telefax) at its Facility Office specified for the purpose of Revolving Credit Advances of the amount Agent such Lender's Commitment Percentage of such Revolving Credit Advance, the Agent may assume that such Lender has made such amount available to the Agent on the date of such Bank's participation therein and the period for which such Revolving Credit Advance is to be made; (2) each Bank shallin accordance with and as provided in this Section 2.2 and the Agent may, no later than 12.00 noon (local time for the financial centre of the relevant currency) in reliance upon such assumption, make available on such proposed Utilisation Date make date a corresponding amount to the Borrowers. If and to the extent such Lender shall not have so made its portion Commitment Percentage of such Revolving Credit Advance available to the Facility Agent and the Agent shall have made available such corresponding amount to the Borrowers, such Lender agrees to pay to the Agent forthwith on demand, and the Borrowers, jointly and severally, agree to repay to the Agent within two Business Days after demand (but only after demand for payment has first been made to such Lender and such Lender has failed to make such payment), an amount equal to such corresponding amount together with interest thereon for each day from the date the Agent shall make such amount available to the Borrowers until the date such amount is paid or in repaid to the case of a Agent, at an interest rate equal to the interest rate applicable at the time to such Revolving Credit Advances. If such Lender shall pay to the Agent such corresponding amount, such amount so paid shall constitute such Lender's Revolving Credit Advance denominated in an Optional Currencyfor purposes of this Agreement. If the Borrowers make a repayment required by the foregoing provisions of this Section 2.2(c) and thereafter the applicable Lender or Lenders make the payments to the Agent required by this Section 2.2(c), the Multicurrency Facility Agent), in Agent shall promptly refund the relevant currency, in accordance with Clause 29 (Payments); andamount of the Borrowers' payment. (3d) The failure of any Lender to make the Facility Agent (or in the case of a Revolving Credit Advance denominated in an Optional Currencyto be made by it on any date shall not relieve any other Lender of its obligation, the Multicurrency Facility Agent) shallif any, no later than 4.00 p.m. (local time for the financial centre of the relevant currency) on such proposed Utilisation Date, hereunder to make such its Revolving Credit Advance available on such date, but no Lender shall be responsible for the failure of any other Lender to make the relevant Borrower in accordance with but subject Revolving Credit Advance to Clause 29 (Payments)be made by such other Lender.

Appears in 1 contract

Samples: Credit Agreement (Tweeter Home Entertainment Group Inc)

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