Making of Revolving Credit Loans. Borrower shall provide to the Bank, at its Office, irrevocable notice not later than 11:00 a.m. (Chicago time) on the Borrowing Date of any Money Market Loan and three Business Days before the Borrowing Date for each LIBOR Loan specifying (i) the date (which shall be a Business Day) on which the Revolving Credit Loan is to be made; (ii) the principal amount of the Revolving Credit Loan which shall be the sum of the principal amounts selected pursuant to Subsection (c) of this Section 2.1.1; and (iii) the interest rate Option or Options selected in accordance with the provision of Section 2.2 and the principal amount of Portions selected in accordance with Section 2.2 hereof and, in the case of a Money Market Portion or LIBOR Portion, the Money Market Interest Period, or LIBOR Interest Period as the case may be. Each notice of Borrowing shall be irrevocable, given by a Responsible Officer, Art Zullx, Xxxx Xxxanshansky or Greg Xxxxxxxxxxx xxx shall be sent to the Bank by telephone (which shall be effective when telephoned) and may be confirmed by Borrower, at the Bank's request, by first class mail, by hand delivery, or first class express mail (which shall be effective when received), in all cases with charges prepaid. On the Borrowing Date, the Bank shall make the proceeds of the Revolving Credit Loan available at its office, no later than 3:00 p.m., Chicago time, in immediately available funds, and upon fulfillment of all applicable conditions set forth herein, Bank shall pay or deliver the proceeds of the borrowing to or upon the order of Borrower.
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Making of Revolving Credit Loans. All Loans shall be made ratably from the Banks in proportion to their respective Commitments; provided, however, that the failure of any Bank to make a Loan shall not relieve any other Bank of its obligation to lend hereunder. Whenever any Borrower desires that the Banks make Loans (including Rollover Loans), such Borrower shall provide give to the Bank, Agent at its OfficeOffice at least three (3) Business Days' notice in the case of a Euro-Rate Loan, irrevocable two (2) Business Days' notice not later than 11:00 a.m. (Chicago time) in the case of a CD Rate Loan, and notice on the Borrowing Date same Business Day in the case of any Money Market Loan and three Business Days before a Base Rate Loan, of the Borrowing Date for each LIBOR Loan specifying (i) the date (date, which shall be a Business Day, on which such Loans are to be made. Each notice (a "Notice of Borrowing") required pursuant to this Section 2.03 shall be given no later than 11:00 a.m., Pittsburgh time, in the case of Base Rate Loans, or no later than 10:00 a.m., Pittsburgh time, in the case of CD Rate Loans or Euro-Rate Loans, on the last date permitted for such Notice of Borrowing, shall be signed by a Responsible Officer of such Borrower, and shall state (a) the date on which the Revolving Credit Loan is to be made; , (iib) the principal amount of the Revolving Credit Loan Loan, which shall be the sum of the principal amounts selected pursuant to Subsection subsection (c) of this Section 2.1.1; and 2.03 and, (iiic) the interest rate Interest Rate Option or Options selected in accordance with the provision of Section 2.2 2.05(a) hereof and the principal amount amounts of Portions selected in accordance with Section 2.2 2.05(c) hereof and, in the case of a Money Market Euro-Rate Portion or LIBOR a CD Rate Portion, the Money Market Interest Euro-Rate Funding Period or CD Rate Funding Period, or LIBOR Interest Period as the case may be. Each notice Notice of Borrowing shall be irrevocable, given by a Responsible Officer, Art Zullx, Xxxx Xxxanshansky or Greg Xxxxxxxxxxx xxx irrevocable and shall be sent to the Bank written, telecopied, by telephone (which confirmed in writing or by electronic request. The rights and obligations of the parties set forth in this Agreement, including without limitation all representations, warranties and covenants, shall not be effective when telephoned) and may be confirmed affected by Borrower, at the Bank's medium chosen by such Borrower to make a Loan request, by first class mailexcept that such Borrower assumes all liability for any and all losses, by hand deliveryliabilities, obligations, costs or first class express mail damages (which shall be effective when received)"Losses") arising from the chosen medium, including without limitation, in all cases with charges prepaidthe case of electronic Loan requests, any Losses arising from transmission errors, delayed transmissions, transmissions not received or unauthorized transmissions. The Agent shall promptly give telecopied or telexed notice or telephoned notice confirmed in writing to each Bank of its Percentage Share and the date of such borrowings. On the Borrowing Datedate specified in such Notice of Borrowing, the each Bank shall make the proceeds of the Revolving Credit its Loan available at its officethe Office of the Agent, no later than 3:00 p.m.12:00 noon, Chicago Pittsburgh time, in immediately available funds, and upon fulfillment of all applicable conditions set forth hereinherein (and against delivery to the Agent of an appropriate Note for the initial Loans, with payment schedules attached thereto, for each Bank, payable to the order of such Bank as provided in Section 2.04 hereof), the Agent shall pay or deliver the proceeds of the borrowing to or upon the order of such Borrower. Upon making the initial Loans, the Agent shall deliver each such Note to or upon the order of the Bank to, which it is payable.
Appears in 1 contract
Samples: Loan Agreement (Foster L B Co)
Making of Revolving Credit Loans. All Loans shall be made ratably from the Banks in proportion to their respective Commitments; provided, however, that the failure of any Bank to make a Loan shall not relieve any other Bank of its obligation to lend hereunder. Whenever Borrower desires that the Banks make Loans (including Rollover Loans), Borrower shall provide give to the Bank, Agent at its OfficeOffice at least three (3) Business Days' notice in the case of a EuroRate Loan, irrevocable two (2) Business Days' notice not later than 11:00 a.m. (Chicago time) in the case of a CD Rate Loan, and notice on the Borrowing Date same Business Day in the case of any Money Market Loan and three Business Days before a Base Rate Loan, of the Borrowing Date for each LIBOR Loan specifying (i) the date (date, which shall be a Business Day, on which such Loans are to be made. Each notice (a "Notice of Borrowing") required pursuant to this Section 2.03 shall be given no later than 11:00 a.m., Pittsburgh time, in the case of Base Rate Loans, or no later than 10:00 a.m., Pittsburgh time, in the case of CD Rate Loans or EuroRate Loans, on the last date permitted for such Notice of Borrowing, shall be signed by a Responsible Officer of Borrower, and shall state (a)the date on which the Revolving Credit Loan is to be made; , (ii) the principal b)the amount of the Revolving Credit Loan Loan, which shall be the sum of the principal amounts selected pursuant to Subsection subsection (c) of this Section 2.1.1; and 2.03 and, (iii) the interest rate c)the Interest Rate Option or Options selected in accordance with the provision of Section 2.2 2.05(a) hereof and the principal amount amounts of Portions selected in accordance with Section 2.2 2.05(c) hereof and, in the case of a Money Market EuroRate Portion or LIBOR a CD Rate Portion, the Money Market Interest EuroRate Funding Period or CD Rate Funding Period, or LIBOR Interest Period as the case may be. Each notice Notice of Borrowing shall be irrevocable, given by a Responsible Officer, Art Zullx, Xxxx Xxxanshansky or Greg Xxxxxxxxxxx xxx irrevocable and shall be sent to the Bank written, telecopied, by telephone (which confirmed in writing or by electronic request. The rights and obligations of the parties set forth in this Agreement, including without limitation all representations, warranties and covenants, shall not be effective when telephoned) and may be confirmed affected by Borrower, at the Bank's medium chosen by Borrower to make a Loan request, by first class mailexcept that Borrower assumes all liability for any and all losses, by hand deliveryliabilities, obligations, costs or first class express mail damages (which shall be effective when received)"Losses") arising from the chosen medium, including without limitation, in all cases with charges prepaidthe case of electronic Loan requests, any Losses arising from transmission errors, delayed transmissions, transmissions not received or unauthorized transmissions. The Agent shall promptly give telecopied or telexed notice or telephoned notice confirmed in writing to each Bank of its Percentage Share and the date of such borrowings. On the Borrowing Datedate specified in such Notice of Borrowing, the each Bank shall make the proceeds of the Revolving Credit its Loan available at its officethe Office of the Agent, no later than 3:00 p.m.12:00 noon, Chicago Pittsburgh time, in immediately available funds, and upon fulfillment of all applicable conditions set forth hereinherein (and against delivery to the Agent of an appropriate Note for the initial Loans, with payment schedules attached thereto, for each Bank, payable to the order of such Bank as provided in Section 2.04 hereof), the Agent shall pay or deliver the proceeds of the borrowing to or upon the order of Borrower. Upon making the initial Loans, the Agent shall deliver each such Note to or upon the order of the Bank to, which it is payable.
Appears in 1 contract
Samples: Loan Agreement (Foster L B Co)
Making of Revolving Credit Loans. On any Business Day when the Borrower desires that the Bank make a Revolving Credit Loan other than pursuant to a Cash Management Agreement, if any, the Borrower shall provide to the Bank, at its Office, irrevocable notice not of the requested Revolving Credit Loan. Each notice (a “Notice of Borrowing”) required pursuant to this Section may be given in writing or by telephonic request and shall be given no later than 11:00 a.m. (Chicago 2:00 p.m., prevailing Pittsburgh time) , on the Borrowing Date day such Loan is to be made, and if in writing, shall be signed by a Responsible Officer or other officer or employee of the Borrower which has been designated by a Responsible Officer as having the authority to deliver a Notice of Borrowing, and, in any Money Market Loan and three Business Days before the Borrowing Date for each LIBOR Loan specifying event, shall include: (i) the date (which shall be a Business Day) on which the Revolving Credit Loan is to be made; (ii) the principal amount of the Revolving Credit Loan which shall be the sum of the principal amounts selected pursuant to Subsection (c) of this Section 2.1.1Loan; and (iii) the interest rate Option or Options selected in accordance with the provision of Section 2.2 and the principal amount of Portions selected in accordance with Section 2.2 hereof and), in the case of a Money Market Portion or LIBOR Portionif then due, the Money Market Interest Period, or LIBOR Interest Period as the case may beBorrowing Base Certificate required pursuant to Section 5.01(f) of this Agreement. Each notice Notice of Borrowing shall be irrevocable, given by a Responsible Officer, Art Zullx, Xxxx Xxxanshansky or Greg Xxxxxxxxxxx xxx irrevocable and shall be sent to the Bank by (1) facsimile (which shall be effective when received), or by (2) telephone (which shall be effective when telephoned), or by (3) and may be confirmed by Borrower, at the Bank's request, by first class mail, by hand delivery, first class or first class express mail (which shall be effective when received), in all cases with charges prepaid. On Subject to the terms and conditions of this Agreement, upon the Bank’s review, approval and processing of the required Notice of Borrowing Dateand any other information requested by the Bank, the Bank shall make the proceeds of the Revolving Credit Loan available to the Borrower at its office, no later than 3:00 p.m., Chicago timethe Bank’s Office on the date specified in the Notice of Borrowing, in funds immediately available at the Office. Notwithstanding the foregoing, any Revolving Credit Loan made by the Bank in good faith reliance upon a telephonic request shall be a Revolving Credit Loan under this Agreement upon disbursement, provided that the Bank shall have the right to request that the Borrower confirm any telephonic request for a Revolving Credit Loan in writing. The Borrower and the Bank may enter into a Cash Management Agreement. If the Borrower and the Bank enter into a Cash Management Agreement, such Cash Management Agreement may provide that all cash receipts of the Borrower are to be deposited into a single deposit account and are to be applied to checks and other amounts presented for payment against certain of the Borrower’s checking and disbursement accounts maintained with the Bank and, to the extent of any excess funds, the outstanding principal balance of the Revolving Credit Loans on a daily basis, as more particularly described in any such Cash Management Agreement. In addition, a Cash Management Agreement may provide that to the extent that cash receipts in such accounts of the Borrower with the Bank are less than amounts presented for payment against such accounts of the Borrower with the Bank, Revolving Credit Loans shall be made to fund any such shortfall on a daily basis. The Borrower and upon fulfillment the Bank agree that any loans, advances and fundings made by the Bank under a Cash Management Agreement, if any, shall be Revolving Credit Loans under this Section 2.01 and that fundings, notices of all advances, payments and prepayments of Revolving Credit Loans made pursuant to the Cash Management Agreement shall be controlled by such Cash Management Agreement. In addition, notwithstanding anything to the contrary contained herein or in any Cash Management Agreement, Revolving Credit Loans made pursuant to a Cash Management Agreement shall bear interest at the Rates applicable conditions to Revolving Credit Loans set forth herein, in Section 2.04 of this Agreement. Nothing contained herein or in any Cash Management Agreement shall permit the Borrower to request or obligate the Bank shall pay or deliver the proceeds to make any Revolving Credit Loans in an amount in excess of the borrowing to or upon the order of Borrowerthen available Revolving Credit Commitment.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Ipec Holdings Inc)
Making of Revolving Credit Loans. All Revolving Credit Loans shall be made ratably by the Banks in proportion to their respective commitments; provided, however, that the failure of any Bank to make a Revolving Credit Loan shall not relieve any other Bank of its obligation to lend hereunder. If any Bank fails to make a Revolving Credit Loan, the Agent will use its best efforts to find another lender to make that Revolving Credit Loan on the same terms and conditions. On any Business Day when the Borrower desires that the Banks make a Revolving Credit Loan, Borrower shall provide to the Bank, Agent at its OfficeOffice Standard Notice of the date, irrevocable which shall be a Business Day, on which such Revolving Credit Loan is to be made. Each notice not (a "Notice of Borrowing") required pursuant to this Section shall be given no later than 11:00 a.m. (Chicago a.m., Pittsburgh time) , on the Borrowing Date last date permitted for such Notice of any Money Market Loan Borrowing, and, if in writing, shall be signed by a Responsible Officer of Borrower, and three Business Days before the Borrowing Date for each LIBOR Loan specifying shall state: (ia) the date (which shall be a Business Day) on which the Revolving Credit Loan is to be made; (iib) the principal amount of the Revolving Credit Loan which shall be the sum of the principal amounts selected pursuant to Subsection Section 2.03; and (c) of this Section 2.1.1; and (iii) the interest rate Interest Rate Option or Interest Rate Options selected in accordance with the provision of Section 2.2 and the principal amount of Portions selected in accordance with Section 2.2 2.03 hereof and, in the case of a Money Market Portion or LIBOR Euro-Rate Portion, the Money Market Interest Euro-Rate Period, or LIBOR Interest Period as the case may be. Each notice Notice of Borrowing shall be irrevocable, given by a Responsible Officer, Art Zullx, Xxxx Xxxanshansky or Greg Xxxxxxxxxxx xxx irrevocable (except as provided in Section 2.15 hereof) and shall be sent to the Bank Agent by (i) telecopier (which shall be effective when received), or by (ii) telephone (which shall be effective when telephoned) and may be confirmed by Borrower, at (in the Bank's request, case of Revolving Credit Loans to which the Euro-Rate Option apply) by first class mail, or by (iii) hand delivery, first class or first class express mail (which shall be effective when received), in all cases with charges prepaid. The Agent shall promptly give telecopied or telexed notice or telephoned notice confirmed in writing to each Bank of its Percentage Share and the date of such borrowings. On the Borrowing Datedate specified in such Notice of Borrowing, each Bank shall make the proceeds of its Revolving Credit Loan available at the Office of the Agent, no later than 12:00 noon, Pittsburgh time, in immediately available funds. On the date specified in such Notice of Borrowing, the Bank Agent shall make the proceeds of the Revolving Credit Loan available at its office, no later than 3:00 4:00 p.m., Chicago Pittsburgh time, in immediately available funds, and upon fulfillment of all applicable conditions set forth herein, Bank the Agent shall pay or deliver the proceeds of the borrowing to or upon the order of Borrower. To the extent that any automatic borrowing service agreement in effect between the Agent and Borrower makes applicable any other notice or funding arrangements, the terms of such automatic borrowing service agreement shall control.
Appears in 1 contract
Making of Revolving Credit Loans. All Loans shall be made ratably from the Banks in proportion to their respective Commitments; provided, however, that the failure of any Bank to make a Loan shall not relieve any other Bank of its obligation to lend hereunder. Whenever Borrower desires that the Banks make Loans (including Rollover Loans), Borrower shall provide give to the Bank, Agent at its OfficeOffice at least three (3) Business Days' notice in the case of a Euro-Rate Loan, irrevocable two (2) Business Days' notice not later than 11:00 a.m. (Chicago time) in the case of a CD Rate Loan, and notice on the Borrowing Date same Business Day in the case of any Money Market Loan and three Business Days before a Base Rate Loan, of the Borrowing Date for each LIBOR Loan specifying (i) the date (date, which shall be a Business Day, on which such Loans are to be made. Each notice (a "Notice of Borrowing") required pursuant to this Section 2.03 shall be given no later than 11:00 a.m., Pittsburgh time, in the case of Base Rate Loans, or no later than 10:00 a.m.,Pittsburgh time, in the case of CD Rate Loans or Euro-Rate Loans, on the last date permitted for such Notice of Borrowing, shall be signed by a Responsible Officer of Borrower, and shall state (a) the date on which the Revolving Credit Loan is to be made; , (iib) the principal amount of the Revolving Credit Loan Loan, which shall be the sum of the principal amounts selected pursuant to Subsection subsection (c) of this Section 2.1.1; and 2.03 and, (iiic) the interest rate Interest Rate Option or Options selected in accordance with the provision of Section 2.2 2.05(a) hereof and the principal amount amounts of Portions selected in accordance with Section 2.2 2.05(c) hereof and, in the case of a Money Market Euro-Rate Portion or LIBOR a CD Rate Portion, the Money Market Interest Euro-Rate Funding Period or CD Rate Funding Period, or LIBOR Interest Period as the case may be. Each notice Notice of Borrowing shall be irrevocable, given by a Responsible Officer, Art Zullx, Xxxx Xxxanshansky or Greg Xxxxxxxxxxx xxx irrevocable and shall be sent to the Bank written, telecopied, by telephone (which confirmed in writing or by electronic request. The rights and obligations of the parties set forth in this Agreement, including without limitation all representations, warranties and covenants, shall not be effective when telephoned) and may be confirmed affected by Borrower, at the Bank's medium chosen by Borrower to make a Loan request, by first class mailexcept that Borrower assumes all liability for any and all losses, by hand deliveryliabilities, obligations, costs or first class express mail damages (which shall be effective when received)"Losses") arising from the chosen medium, including without limitation, in all cases with charges prepaidthe case of electronic Loan requests, any Losses arising from transmission errors, delayed transmissions, transmissions not received or unauthorized transmissions. The Agent shall promptly give telecopied or telexed notice or telephoned notice confirmed in writing to each Bank of its Percentage Share and the date of such borrowings. On the Borrowing Datedate specified in such Notice of Borrowing, the each Bank shall make the proceeds of the Revolving Credit its Loan available at its officethe Office of the Agent, no later than 3:00 p.m.12:00 noon, Chicago Pittsburgh time, in immediately available funds, and upon fulfillment of all applicable conditions set forth hereinherein (and against delivery to the Agent of an appropriate Note for the initial Loans, with payment schedules attached thereto, for each Bank, payable to the order of such Bank as provided in Section 2.04 hereof), the Agent shall pay or deliver the proceeds of the borrowing to or upon the order of Borrower. Upon making the initial Loans, the Agent shall deliver each such Note to or upon the order of the Bank to, which it is payable.
Appears in 1 contract
Samples: Loan Agreement (Foster L B Co)