Common use of Making the A Advances Clause in Contracts

Making the A Advances. (a) Each A Borrowing shall be made on notice, given not later than (x) 10:00 A.M. (New York City time) on the date of a proposed A Borrowing consisting of Base Rate Advances and (y) 12:00 noon (New York City time) on the third Business Day prior to the date of a proposed A Borrowing consisting of Eurodollar Rate Advances, by the Borrower requesting the proposed A Borrowing to the Agent, which shall give to each Lender prompt notice thereof by telecopier, telex or cable. Each such notice of an A Borrowing (a "Notice of A Borrowing") shall be by telecopier, telex or cable, confirmed immediately in writing, in substantially the form of Exhibit A-1 hereto, specifying therein the requested (i) date of such A Borrowing, (ii) Type of A Advances comprising such A Borrowing, (iii) aggregate amount of such A Borrowing, and (iv) in the case of an A Borrowing comprised of Eurodollar Rate Advances, the initial Interest Period for each such A Advance. A Borrower may, subject to the conditions herein provided, borrow more than one A Borrowing on any Business Day. Each Lender shall, before 1:00 P.M. (New York City time) in the case of a Borrowing consisting of Base Rate Advances and before 11:00 A.M. (New York City time) in the case of a Borrowing consisting of Eurodollar Rate Advances, in each case on the date of such A Borrowing, make available for the account of its Applicable Lending Office to the Agent at its address referred to in Section 9.02, in same day funds, such Lender's ratable portion of such A Borrowing. After the Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will make such funds available to the Borrower requesting the proposed A Borrowing at the Agent's aforesaid address.

Appears in 4 contracts

Samples: Credit Agreement (Computer Sciences Corp), Credit Agreement (Computer Sciences Corp), Credit Agreement (Computer Sciences Corp)

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Making the A Advances. (a) Each A Borrowing shall be made on notice, given not later than (x) 10:00 11:00 A.M. (New York City time) on the date of a proposed A Borrowing consisting of Base Rate Advances and (y) 12:00 noon (New York City time) on the third Business Day prior to the date of a the proposed A Borrowing (in the case of an A Borrowing consisting of Eurodollar Rate Advances) or given not later than 11:00 A.M. (New York City time) on the Business Day of the proposed A Borrowing (in the case of an A Borrowing consisting of Base Rate Advances), by the Borrower requesting the proposed A Borrowing to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopier, telex or cable. Each such notice of an A Borrowing (a "Notice of A Borrowing") shall be by telecopier, telex or cable, confirmed immediately in writing, in substantially the form of Exhibit A-1 B-1 hereto, specifying therein the requested (i) date of such A Borrowing, (ii) Type of A Advances comprising such A Borrowing, (iii) aggregate amount of such A Borrowing, and (iv) in the case of an A Borrowing comprised consisting of Eurodollar Rate Advances, the initial Interest Period for each such A Advance. A Borrower may, subject to the conditions herein provided, borrow more than one A Borrowing on any Business Day. Each Lender shall, before 1:00 P.M. (New York City time) in the case of a Borrowing consisting of Base Rate Advances and before 11:00 A.M. (New York City time) in the case of a Borrowing consisting of Eurodollar Rate Advances, in each case on the date of such A Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 9.028.02, in same day funds, such Lender's ratable portion of such A Borrowing. After the Administrative Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower requesting the proposed A Borrowing at the Administrative Agent's aforesaid address.

Appears in 3 contracts

Samples: Year Credit Agreement (Becton Dickinson & Co), Year Credit Agreement (Becton Dickinson & Co), Year Credit Agreement (Becton Dickinson & Co)

Making the A Advances. (a) Each A Borrowing shall be made on noticenotice by the Borrower, given not later than (x) 10:00 A.M. (New York City time) on the date of a proposed A Borrowing consisting of Base Rate Advances and (y) 12:00 noon (New York City time) on the third Business Day prior to the date of a proposed A Borrowing consisting of Eurodollar Rate Advances, by the Borrower requesting the proposed A Borrowing to the Agent, which shall give to each Lender prompt notice thereof by telecopier, telex mail or cabledelivery. Each such notice of an A Borrowing (a "Notice of A Borrowing") shall be by telecopier, telex mail or cabledelivery, confirmed immediately in writing, in substantially the form of Exhibit A-1 hereto, specifying therein the requested (i) date of such A Borrowing, (ii) Type of A Advances comprising such A Borrowing, (iii) aggregate amount of such A Borrowing, and (iv) in the case of an A Borrowing comprised of Eurodollar Rate Advances, the initial Interest Period for each such A Advance. A The Borrower may, subject to the conditions herein provided, borrow more than one A Borrowing on any Business Day. Each Lender shall, before 1:00 P.M. (New York City time) in the case of a Borrowing consisting of Base Rate Advances and before 11:00 A.M. (New York City time) in the case of a Borrowing consisting of Eurodollar Rate Advances, in each case on the date of such A Borrowing, make available for the account of its Applicable Lending Office to the Agent at its address referred to in Section 9.028.02, in same day funds, such Lender's ratable portion of such A Borrowing. After the Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will make such funds available to the Borrower requesting the proposed A Borrowing at the Agent's aforesaid address.

Appears in 3 contracts

Samples: Credit Agreement (Computer Sciences Corp), Credit Agreement (Computer Sciences Corp), Credit Agreement (Computer Sciences Corp)

Making the A Advances. (a) Each A Borrowing shall be made on notice, given not later than (x1) in the case of a proposed Borrowing comprised of Eurodollar Rate Advances, 11:00 A.M. (New York City time) at least three Business Days prior to the date of the proposed Borrowing, and (2) in the case of a proposed Borrowing comprised of Base Rate Advances, 10:00 A.M. (New York City time) on the date of a the proposed A Borrowing consisting of Base Rate Advances and (y) 12:00 noon (New York City time) on the third Business Day prior to the date of a proposed A Borrowing consisting of Eurodollar Rate AdvancesBorrowing, by the Borrower requesting the proposed such A Borrowing to the Agent, which shall give to each Lender Bank prompt notice thereof by telecopiertelecopy, telex or cable. Each such notice of an A Borrowing (a "Notice of A Borrowing") shall be by telecopiertelecopy, telex or cable, confirmed immediately in writing, in substantially the form of Exhibit A-1 B-1 hereto, executed by the Borrower requesting such A Borrowing and specifying therein the requested (i) date of such A BorrowingBorrowing (which shall be a Business Day), (ii) initial Type of A Advances comprising such A Borrowing, (iii) aggregate amount of such A Borrowing, and (iv) in the case of an A Borrowing comprised of Eurodollar Rate Advances, the initial Interest Period for each such A Advance. A Borrower may, subject to the conditions herein provided, borrow more than one A Borrowing on any Business Day. Each Lender Bank shall, before 1:00 P.M. (New York City time) in the case of a Borrowing consisting of Base Rate Advances and before 11:00 A.M. (New York City time) in the case of a Borrowing consisting of Eurodollar Rate Advances, in each case on the date of such A Borrowing, make available for the account of its Applicable Lending Office to the Agent at its New York address referred to in Section 9.028.02, in same day funds, such LenderBank's ratable portion of such A Borrowing. After the Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will make such funds available to the Borrower requesting the proposed such A Borrowing at the Agent's aforesaid address. Notwithstanding the other provisions hereof, each Bank that is to be paid by any Borrower on July 23, 1997, any principal amount outstanding under the 1996 Credit Agreement as contemplated by Section 8.14 shall apply the proceeds of any Advance to be made by it to such Borrower on such date to pay such amount and only an amount equal to the difference (if any) between the amount of such Advance and the principal amount being so paid shall be made available by such Bank to the Agent as provided herein, or remitted by such Borrower to the Agent as provided in Section 2.13, as the case may be.

Appears in 3 contracts

Samples: Credit Agreement (Williams Communications Group Inc), Credit Agreement (Williams Communications Group Inc), Credit Agreement (Williams Companies Inc)

Making the A Advances. (a) Each A Borrowing shall be made on notice, given not later than (x) 10:00 A.M. (New York City time) on the date day of a such proposed A Borrowing, in the case of an A Borrowing consisting comprised of Base Rate Advances and (y) 12:00 noon (New York City time) Advances, or on the third Business Day prior to the date of a the proposed A Borrowing, in the case of an A Borrowing consisting comprised of Eurodollar Rate Advances, by the Borrower requesting the proposed A Borrowing Company to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopiertelex, telex telecopier or cable. Each such notice of an A a Borrowing (a "Notice of A Borrowing") shall be by telecopiertelex, telex telecopier or cable, confirmed immediately promptly in writing, in substantially the form of Exhibit A-1 B-1 hereto, specifying therein the requested (i) date of such A Borrowing, (ii) Type of A Advances comprising such A Borrowing, (iii) aggregate amount of such A Borrowing, and (iv) in the case of an A Borrowing comprised of Eurodollar Rate Advances, the initial Interest Period for each such A Advance. A Borrower may, subject to In the conditions herein provided, borrow more than one case of a proposed A Borrowing on any Business Daycomprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.07(b). Each Lender shall, before 1:00 12:00 P.M. (New York City time) in the case of a Borrowing consisting of Base Rate Advances and before 11:00 A.M. (New York City time) in the case of a Borrowing consisting of Eurodollar Rate Advances, in each case on the date of such A Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 9.028.02, in same day funds, such Lender's ratable portion of such A Borrowing. After the Administrative Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower requesting the proposed A Borrowing Company at the Administrative Agent's aforesaid address.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Progress Energy Inc), Revolving Credit Agreement (Progress Energy Inc)

Making the A Advances. (a) Each A Borrowing shall be made on notice, given not later than (x1) in the case of a proposed Borrowing comprised of Eurodollar Rate Advances, 11:00 A.M. (New York City time) at least three Business Days prior to the date of the proposed Borrowing, and (2) in the case of a proposed Borrowing comprised of Base Rate Advances, 10:00 A.M. (New York City time) on the date of a the proposed A Borrowing consisting of Base Rate Advances and (y) 12:00 noon (New York City time) on the third Business Day prior to the date of a proposed A Borrowing consisting of Eurodollar Rate AdvancesBorrowing, by the Borrower requesting the proposed A Borrowing to the Agent, which shall give to each Lender Bank prompt notice thereof by telecopiertelecopy, telex or cable. Each such notice of an A Borrowing (a "Notice of A Borrowing") shall be by telecopiertelecopy, telex or cable, confirmed immediately in writing, in substantially the form of Exhibit A-1 B-1 hereto, executed by the Borrower and specifying therein the requested (i) date of such A BorrowingBorrowing (which shall be a Business Day), (ii) initial Type of A Advances comprising such A Borrowing, (iii) aggregate amount of such A Borrowing, and (iv) in the case of an A Borrowing comprised of Eurodollar Rate Advances, the initial Interest Period for each such A Advance. A Borrower may, subject to the conditions herein provided, borrow more than one A Borrowing on any Business Day. Each Lender Bank shall, before 1:00 P.M. (New York City time) in the case of a Borrowing consisting of Base Rate Advances and before 11:00 A.M. (New York City time) in the case of a Borrowing consisting of Eurodollar Rate Advances, in each case on the date of such A Borrowing, make available for the account of its Applicable Lending Office to the Agent at its New York address referred to in Section 9.028.2, in same day funds, such LenderBank's ratable portion of such A Borrowing. After the Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will make such funds available to the Borrower requesting the proposed A Borrowing at the Agent's aforesaid address.

Appears in 2 contracts

Samples: Credit Agreement (Williams Companies Inc), Credit Agreement (Williams Holdings of Delaware Inc)

Making the A Advances. (a) Each A Borrowing shall be --------------------- made on notice, notice given not later than (x) 10:00 A.M. (New York City time) on the date of a proposed A Borrowing consisting of Base Rate Advances and (yi) 12:00 noon (New York City time) on the third Business Day prior to the date of a the proposed A Borrowing, if such proposed A Borrowing consisting consists of Eurodollar Rate Advances and (ii) 10:00 A.M. (New York City time) on the day of such proposed A Borrowing, if such proposed A Borrowing consists of Base Rate Advances, by the Borrower requesting the proposed A Borrowing to the Agent, which shall give to each A Lender prompt notice thereof by telecopier, telex or cable. Each such notice of an A Borrowing (a "Notice of A Borrowing") shall be by telecopier, telex telecopier or cable--------------------- telephone (and if by telephone, confirmed immediately in writing), in substantially the form of Exhibit A-1 hereto, specifying therein the requested (i) date of such A Borrowing, (ii) Type of A Advances comprising such A Borrowing, (iii) aggregate amount of such A Borrowing, Borrowing and (iv) in the case of an A Borrowing comprised of Eurodollar Rate Advances, the initial Interest Period for each such A Advance. Each A Borrower may, subject to the conditions herein provided, borrow more than one A Borrowing on any Business Day. Each Lender shall, before 1:00 P.M. 12:00 noon (New York City time) in the case of a Borrowing consisting of Base Rate Advances and before 11:00 A.M. (New York City time) in the case of a Borrowing consisting of Eurodollar Rate Advances, in each case on the date of such A Borrowing, make available for the account of its Applicable Lending Office to the Agent at its address referred to in Section 9.0210.02, in same day funds, such A Lender's ratable portion of such A Borrowing. After the Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article IIIV, the Agent will make such funds available to the Borrower requesting the proposed A Borrowing at the Agent's aforesaid address.

Appears in 1 contract

Samples: Credit Agreement (Gap Inc)

Making the A Advances. (a) Each A Borrowing shall be made on notice, given not later than (x) 10:00 11:00 A.M. (New York City time) on the date of a proposed A Borrowing consisting of Base Rate Advances and (y) 12:00 noon (New York City time) on the third Business Day prior to the date of a proposed A Borrowing consisting of Eurodollar Rate Advances, by the Borrower requesting the proposed A Borrowing (in the case of an A Borrowing to consist of Eurocurrency Rate Advances), or by 11:00 A.M. (New York City time) on the day of the proposed A Borrowing (in the case of an A Borrowing to consist of Base Rate Advances), by the Company (on its own behalf and on behalf of the other Borrowers) to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopier, telex telecopier or cableby telex. Each such notice of an A Borrowing (a "Notice of A Borrowing") shall be by telecopiertelecopier or by telex, telex or cable, --------------------- confirmed immediately in writing, in substantially the form of Exhibit A-1 B-1 hereto, specifying therein the requested (i) the date of such A Borrowing, (ii) the Type of A Advances comprising such A Borrowing, (iii) the aggregate amount of such A BorrowingBorrowing and the Currency thereof (except that Base Rate Advances must be denominated in Dollars), and (iv) in the case of an A Borrowing comprised consisting of Eurodollar Eurocurrency Rate Advances, the initial Interest Period for each such A Advance. Advance and (v) the name of the Borrower of such A Borrower may, subject to Advance (which shall be the conditions herein provided, borrow more than one A Borrowing on any Business DayCompany or a Designated Borrower). Each Lender shallshall on the date of such A Borrowing, before 11:00 A.M. (New York City time), in the case of an A Borrowing to consist of Eurocurrency Rate Advances, and before 1:00 P.M. (New York City time) ), in the case of a an A Borrowing consisting to consist of Base Rate Advances and before 11:00 A.M. (New York City time) in the case of a Borrowing consisting of Eurodollar Rate Advances, in each case on the date of such A Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 9.028.02, in the relevant Currency and in same day funds, such Lender's ratable portion of such A Borrowing. After the Administrative Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower requesting the proposed A Borrowing Company at the Administrative Agent's aforesaid addressaddress (or, in the case of an A Borrowing by a Designated Borrower, the Administrative Agent will make such funds available to the relevant Borrower in such manner as the Administrative Agent and the Company may agree).

Appears in 1 contract

Samples: Credit Agreement (Solutia Inc)

Making the A Advances. (a) Each A Borrowing shall be made on notice, given not later than (x) 10:00 11:00 A.M. (New York City time) on the date of a proposed A Borrowing consisting of Base Rate Advances and (y) 12:00 noon (New York City time) on the third Business Day prior to the date of a the proposed A Borrowing consisting (in the case of an A Borrowing to be comprised of Eurodollar Rate Advances), or by 11:00 A.M. (New York City time) on the day of the proposed A Borrowing (in the case of an A Borrowing to be comprised of Base Rate Advances), by the Borrower requesting the proposed A Borrowing to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopier, telex telecopier or cableby telex. Each such notice of an A Borrowing (a "Notice of A Borrowing") shall be by telecopier, telex telecopier or cableby telex, confirmed immediately in writing, in substantially the form of Exhibit A-1 B-1 hereto, specifying therein the requested (i) date of such A Borrowing, (ii) Type of A Advances comprising such A Borrowing, (iii) aggregate amount of such A Borrowing, and (iv) in the case of an A Borrowing comprised consisting of Eurodollar Rate Advances, the initial Interest Period for each such A Advance. Each Lender shall on the date of such A Borrower mayBorrowing, subject to before 11:00 A.M. (New York City time), in the conditions herein provided, borrow more than one case of an A Borrowing on any Business Day. Each Lender shallto be comprised of Eurodollar Rate Advances, and before 1:00 P.M. (New York City time) ), in the case of a an A Borrowing consisting to be comprised of Base Rate Advances and before 11:00 A.M. (New York City time) in the case of a Borrowing consisting of Eurodollar Rate Advances, in each case on the date of such A Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 9.028.02, in same day funds, such Lender's ratable portion of such A Borrowing. After the Administrative Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower requesting the proposed A Borrowing at the Administrative Agent's aforesaid address.

Appears in 1 contract

Samples: Credit Agreement (Solutia Inc)

Making the A Advances. (a) Each A Borrowing shall be made on notice, given not later than (x) 10:00 11:00 A.M. (New York City time) (i) on the date same Business Day as the proposed A Borrowing in the case of a proposed an A Borrowing consisting of Base Rate Advances and or (y) 12:00 noon (New York City timeii) on the third Business Day prior to the date of a the proposed A Borrowing in the case of an A Borrowing consisting of Eurodollar Rate LIBOR Advances, by the Borrower requesting the proposed A Borrowing to the Agent, which shall give to each Lender prompt notice thereof by telecopier, telex or cable. Each such notice of an A Borrowing (a "Notice of A Borrowing") shall be by telecopier, or by telex or cable, cable (confirmed immediately in writing), in substantially the form of Exhibit A-1 B-1 hereto, specifying therein the requested (i) date of such A Borrowing, (ii) Type of A Advances comprising such A Borrowing, (iii) aggregate amount of such A Borrowing, and (iv) in the case of an A Borrowing comprised of Eurodollar Rate LIBOR Advances, the initial Interest Period for each such A Advance. A Borrower may, subject to the conditions herein provided, borrow more than one A Borrowing on any Business Day. Each Lender shall, before 1:00 P.M. (New York City time) in the case of a Borrowing consisting of Base Rate Advances and before 11:00 A.M. (New York City time) in the case of a Borrowing consisting of Eurodollar Rate Advances, in each case on the date of such A Borrowing, make available for the account of its Applicable Lending Office to the Agent at its address referred to in Section 9.028.02, in same day funds, such Lender's ratable portion of such A Borrowing. After the Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will make such funds available to the Borrower requesting the proposed A Borrowing at the Agent's aforesaid addressaddress not later than 2:00 P.M. (New York City time) on such date.

Appears in 1 contract

Samples: Credit Agreement (Supervalu Inc)

Making the A Advances. (a) Each A Borrowing shall be made on notice, given not later than (x) 10:00 A.M. (New York City time) on the date of a proposed A Borrowing consisting of Base Rate Advances and (y) 12:00 noon (New York City timei) on the third Business Day prior to the date of a the proposed A Borrowing, in the case of an A Borrowing consisting comprised of Eurodollar Rate Advances, (ii) on the second Business Day prior to the date of the proposed A Borrowing, in the case of an A Borrowing comprised of Adjusted CD Rate Advances, and (iii) on the date of the proposed A Borrowing, in the case of an A Borrowing comprised of Base Rate Advances, in each case by the Borrower requesting the proposed A Borrowing to the Agent, which shall give to each Lender prompt notice thereof by telecopier, telex or cable. Each such notice of an A Borrowing (a "Notice of A Borrowing") shall be by telecopier, telex or cable, confirmed immediately in writing, in substantially the form of Exhibit A-1 2.02(a) hereto, specifying therein the requested (iA) date of such A Borrowing, (iiB) Type of A Advances comprising such A Borrowing, (iiiC) aggregate amount of such A Borrowing and (D) in the case of an A Borrowing comprised of Adjusted CD Rate Advances or Eurodollar Rate Advances, initial Interest Period for each such A Advance. Each Lender shall, before (x) 12:00 noon on the date of such A Borrowing, and (iv) in the case of an A Borrowing comprised of Eurodollar Rate Advances, the initial Interest Period for each such A Advance. A Borrower may, subject to the conditions herein provided, borrow more than one A Borrowing on any Business Day. Each Lender shall, before 1:00 P.M. (New York City time) in the case of a Borrowing consisting of Base Rate Advances and before 11:00 A.M. (New York City time) in the case of a Borrowing consisting of Eurodollar or Adjusted CD Rate Advances, in each case and (y) 1:00 p.m. on the date of such A Borrowing, in the case of an A Borrowing comprised of Base Rate Advances, make available for the account of its Applicable Lending Office to the Agent at its address referred to in Section 9.028.02, in same day funds, such Lender's ratable portion of such A Borrowing. After the Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such funds available to the Borrower requesting the proposed A Borrowing at the Agent's aforesaid address.

Appears in 1 contract

Samples: Credit Agreement (Ies Utilities Inc)

Making the A Advances. (a) Each A Borrowing shall be made on notice, given by a Borrower to the Administrative Agent not later than (x) 10:00 A.M. 11:00 a.m. (New York City time) on the date day of a the proposed A Borrowing consisting in the case of a Base Rate Advances Borrowing and (y) 12:00 noon (New York City time) on the third Business Day prior to the date of a proposed A Borrowing consisting of Eurodollar Rate Advances, by the Borrower requesting the proposed A Borrowing to in the Agent, which case of a Eurodollar Rate Borrowing. The Administrative Agent thereupon shall give to each Lender Bank prompt notice thereof by telecopier, telex or cable. Each such notice of an A Borrowing (a "Notice of A Borrowing") shall be by telecopier, telex or cable, confirmed immediately in writing, in substantially the form of Exhibit A-1 B-l hereto, specifying therein the requested (i) date of such A BorrowingXxrrowing, (ii) Type of A Advances comprising such A Borrowing, (iii) aggregate amount of such A Borrowing, and (iv) in the case of an A Borrowing comprised of Eurodollar Rate Advances, the initial Interest Period for each such A Advance. A Borrower may, subject to the conditions herein provided, borrow more than one Every Notice of A Borrowing on any Business Daygiven by a Subsidiary Borrower must be countersigned by an authorized representative of TBC, in order to evidence the consent of TBC, in its sole discretion, to that proposed A Borrowing. Each Lender Bank shall, before 1:00 P.M. p.m. (New York City time) in the case of a Borrowing consisting of Base Rate Advances and before 11:00 A.M. (New York City time) in the case of a Borrowing consisting of Eurodollar Rate Advances, in each case on the date of such A Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 9.02the Administrative Agent's Account, in same day funds, such LenderBank's ratable portion of such A Borrowing. After the Administrative Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III5, the Administrative Agent will make such funds available to the Borrower requesting the proposed A Borrowing at the Administrative Agent's aforesaid address.

Appears in 1 contract

Samples: Bank Credit Agreement (Boeing Capital Corp)

Making the A Advances. (a) Each A Borrowing shall be made on notice, given not later than (x1) in the case of a proposed Borrowing comprised of Eurodollar Rate Advances, 11:00 A.M. (New York City time) at least three Business Days prior to the date of the proposed Borrowing, and (2) in the case of a proposed Borrowing comprised of Base Rate Advances, 10:00 A.M. (New York City time) on the date of a the proposed A Borrowing consisting of Base Rate Advances and (y) 12:00 noon (New York City time) on the third Business Day prior to the date of a proposed A Borrowing consisting of Eurodollar Rate AdvancesBorrowing, by the Borrower requesting the proposed A Borrowing to the Agent, which shall give to each Lender Bank prompt notice thereof by telecopiertelecopy, telex or cable. Each such notice of an A Borrowing (a "Notice of A Borrowing") shall be by telecopier, telex or cabletelephone, confirmed immediately in writing, or by telecopy, telex or cable in substantially the form of Exhibit A-1 B-1 hereto, executed by the Borrower and specifying therein the requested (i) date of such A BorrowingBorrowing (which shall be a Business Day), (ii) initial Type of A Advances comprising such A Borrowing, (iii) aggregate amount of such A Borrowing, and (iv) in the case of an A Borrowing comprised of Eurodollar Rate Advances, the initial Interest Period for each such A Advance. A Borrower may, subject to the conditions herein provided, borrow more than one A Borrowing on any Business Day. Each Lender Bank shall, before 1:00 P.M. (New York City time) in the case of a Borrowing consisting of Base Rate Advances and before 11:00 A.M. (New York City time) in the case of a Borrowing consisting of Eurodollar Rate Advances, in each case on the date of such A Borrowing, make available for the account of its Applicable Lending Office to the Agent at its New York address referred to in Section 9.028.2, in same day funds, such LenderBank's ratable portion of such A Borrowing. After the Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will make such funds available to the Borrower requesting the proposed A Borrowing at the Agent's aforesaid address.

Appears in 1 contract

Samples: Credit Agreement (Williams Companies Inc)

Making the A Advances. (a) Each A Borrowing shall be made on noticenotice by the Borrower, given not later than (x) 10:00 A.M. (New York City time) on the date of a proposed A Borrowing consisting of Base Rate Advances and (y) 12:00 noon (New York City time) on the third Business Day prior to the date of a proposed A Borrowing consisting of Eurodollar Rate Advances, by the Borrower requesting the proposed A Borrowing to the Agent, which shall give to each Lender prompt notice thereof by telecopier, telex mail or cabledelivery. Each such notice of an A Borrowing (a "Notice of A Borrowing") shall be by telecopier, telex mail or cabledelivery, confirmed immediately in writing, in substantially the form of Exhibit A-1 hereto, specifying therein the requested (i) date of such A Borrowing, (ii) Type of A Advances comprising such A Borrowing, (iii) aggregate amount of such A Borrowing, and (iv) in the case of an A Borrowing comprised of Eurodollar Rate Advances, the initial Interest Period for each such A Advance. A The Borrower may, subject to the conditions herein provided, borrow more than one A Borrowing on any Business Day. Each Lender shall, before 1:00 P.M. (New York City time) in the case of a Borrowing consisting of Base Rate Advances and before 11:00 A.M. (New York City time) in the case of a Borrowing consisting of Eurodollar Rate Advances, in each case on the date of such A Borrowing, make available for the account of its Applicable Lending Office to the Agent at its address referred to in Section 9.028.02, in same day funds, such Lender's ratable portion of such A BorrowingBorrow-ing. After the Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will make such funds available to the Borrower requesting the proposed A Borrowing at the Agent's aforesaid address.

Appears in 1 contract

Samples: Credit Agreement (Computer Sciences Corp)

Making the A Advances. (a) Each A Borrowing shall be made on notice, given not later than (x1) in the case of a proposed Borrowing comprised of Eurodollar Rate Advances, 11:00 A.M. (New York City time) at least three Business Days prior to the date of the proposed Borrowing, and (2) in the case of a proposed Borrowing comprised of Base Rate Advances, 10:00 A.M. (New York City time) on the date of a the proposed A Borrowing consisting of Base Rate Advances and (y) 12:00 noon (New York City time) on the third Business Day prior to the date of a proposed A Borrowing consisting of Eurodollar Rate AdvancesBorrowing, by the Borrower requesting the proposed such A Borrowing to the Agent, which shall give to each Lender Bank prompt notice Multi-Year Credit Agreement thereof by telecopiertelecopy, telex or cable. Each such notice of an A Borrowing (a "Notice of A Borrowing") shall be by telecopier, telex or cabletelephone, confirmed immediately in writing, or by telecopy, telex or cable in substantially the form of Exhibit A-1 B-1 hereto, executed by the Borrower requesting such A Borrowing and specifying therein the requested (i) date of such A BorrowingBorrowing (which shall be a Business Day), (ii) initial Type of A Advances comprising such A Borrowing, (iii) aggregate amount of such A Borrowing, and (iv) in the case of an A Borrowing comprised of Eurodollar Rate Advances, the initial Interest Period for each such A Advance. A Borrower may, subject to the conditions herein provided, borrow more than one A Borrowing on any Business Day. Each Lender Bank shall, before 1:00 P.M. (New York City time) in the case of a Borrowing consisting of Base Rate Advances and before 11:00 A.M. (New York City time) in the case of a Borrowing consisting of Eurodollar Rate Advances, in each case on the date of such A Borrowing, make available for the account of its Applicable Lending Office to the Agent at its New York address referred to in Section 9.028.02, in same day funds, such LenderBank's ratable portion of such A Borrowing. After the Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will make such funds available to the Borrower requesting the proposed such A Borrowing at the Agent's aforesaid address.

Appears in 1 contract

Samples: Credit Agreement (Williams Companies Inc)

Making the A Advances. (a) Each A Borrowing shall be made on noticenotice by the Borrower to the Administrative Agent (a "NOTICE OF A BORROWING") received by the Administrative Agent, given (i) in the case of a proposed A Borrowing comprised of Base Rate Advances, not later than (x) 10:00 A.M. (New York City time) on the date Business Day of such proposed A Borrowing, and (ii) in the case of a proposed A Borrowing consisting comprised of Base Eurodollar Rate Advances and (y) Advances, not later than 12:00 noon (New York City time) on the third Business Day prior to the date of a such proposed A Borrowing consisting Borrowing. Each Notice of Eurodollar Rate Advances, by the Borrower requesting the proposed A Borrowing to the Agentshall be by telecopy, which shall give to each Lender prompt notice thereof telefax or other teletransmission or by telephone (and if by telephone, confirmed promptly by telecopier, telex telefax or cable. Each such notice of an A Borrowing (a "Notice of A Borrowing") shall be by telecopier, telex or cable, confirmed immediately in writingother teletransmission), in substantially the form of Exhibit A-1 B hereto, specifying therein the requested (iw) date of such A Borrowing, (iix) Type of A Advances comprising such A BorrowingBorrowing and, additionally, whether such A Borrowing consists of Revolving A Advances or Term A Advances, (iiiy) aggregate amount of such A Borrowing, and (ivz) in the case of an A Borrowing comprised of Eurodollar Rate Advances, the initial Interest Period for each such A Advance. A Borrower may, subject to the conditions herein provided, borrow more than one A Borrowing on any Business Day. Each Lender shall, before 1:00 P.M. p.m. (New York City time) in the case of a Borrowing consisting of Base Rate Advances and before 11:00 A.M. (New York City time) in the case of a Borrowing consisting of Eurodollar Rate Advances, in each case on the date of such A Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent in care of JPMorgan Chase Bank, Agency Services, Xxx Xxxxx Xxxxxxxxx Xxxxx, 0xx Xxxxx, Xxx Xxxx, XX 00000, Attention: Xxxxxxx Xxxxxxx, Reference: Burlington Resources Inc., or at its address referred such other location designated by notice from the Administrative Agent to in the Lenders pursuant to Section 9.028.02, in same day funds, such Lender's ratable portion of such A Borrowing. After Immediately after the Administrative Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III3, the Administrative Agent will make such funds available to the Borrower requesting at JPMorgan Chase Bank, One Chase Xxxxxxxxx Xxxxx, 0xx Xxxxx, Xxx Xxxx, XX 00000, or at any account of the proposed A Borrowing at Borrower maintained by the Administrative Agent (or any successor Administrative Agent's aforesaid address) designated by the Borrower and agreed to by the Administrative Agent (or such successor Administrative Agent), in same day funds.

Appears in 1 contract

Samples: Credit Agreement (Burlington Resources Inc)

Making the A Advances. (a) a Each A Borrowing shall be made on noticenotice by the Borrower to the Administrative Agent (a "NOTICE OF A BORROWING") received by the Administrative Agent, given (i) in the case of a proposed A Borrowing comprised of Base Rate Advances, not later than (x) 10:00 A.M. (New York City time) on the date Business Day of such proposed A Borrowing, and (ii) in the case of a proposed A Borrowing consisting comprised of Base Eurodollar Rate Advances and (y) Advances, not later than 12:00 noon (New York City time) on the third Business Day prior to the date of a such proposed A Borrowing consisting Borrowing. Each Notice of Eurodollar Rate Advances, by the Borrower requesting the proposed A Borrowing to the Agentshall be by telecopy, which shall give to each Lender prompt notice thereof telefax or other teletransmission or by telephone (and if by telephone, confirmed promptly by telecopier, telex telefax or cable. Each such notice of an A Borrowing (a "Notice of A Borrowing") shall be by telecopier, telex or cable, confirmed immediately in writingother teletransmission), in substantially the form of Exhibit A-1 B hereto, specifying therein the requested (iw) date of such A Borrowing, (iix) Type of A Advances comprising such A BorrowingBorrowing and, additionally, whether such A Borrowing consists of Revolving A Advances or Term A Advances, (iiiy) aggregate amount of such A Borrowing, and (ivz) in the case of an A Borrowing comprised of Eurodollar Rate Advances, the initial Interest Period for each such A Advance. A Borrower may, subject to the conditions herein provided, borrow more than one A Borrowing on any Business Day. Each Lender shall, before 1:00 P.M. p.m. (New York City time) in the case of a Borrowing consisting of Base Rate Advances and before 11:00 A.M. (New York City time) in the case of a Borrowing consisting of Eurodollar Rate Advances, in each case on the date of such A Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent in care of The Chase Manhattan Bank, Agency Services, One Xxxxx Xxxxxxxxx Xxxxx, 0xx Xxxxx, Xxx Xxxx, XX 00000, Xxtention: Munixxx Xxxxxxx, Xxference: Burlington Resources Inc., or at its address referred such other location designated by notice from the Administrative Agent to in the Lenders pursuant to Section 9.028.02, in same day funds, such Lender's ratable portion of such A Borrowing. After the Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will make such funds available to the Borrower requesting the proposed A Borrowing at the Agent's aforesaid address.such

Appears in 1 contract

Samples: Credit Agreement (Burlington Resources Inc)

Making the A Advances. (a) Each A Borrowing shall be made on --------------------- notice, given not later than (x) 10:00 A.M. (New York City time) on the date of a proposed A Borrowing consisting of Base Rate Advances and (yi) 12:00 noon (New York City time) on the third Business Day prior to the date of a the proposed A Borrowing, if such proposed A Borrowing consisting consists of Eurodollar Rate Advances and (ii) 10:00 A.M. (New York City time) on the day of such proposed A Borrowing, if such proposed A Borrowing consists of Base Rate Advances, by the Borrower requesting the proposed A Borrowing to the Agent, which shall give to each A Lender prompt notice thereof by telecopier, telex or cable. Each such notice of an A Borrowing (a "Notice of A Borrowing") shall be by telecopier, telex telex, cable or cabletelephone (and if by telephone, confirmed immediately in writing), in substantially the form of Exhibit A-1 hereto, specifying therein the requested (i) date of such A Borrowing, (ii) Type of A Advances comprising such A Borrowing, (iii) aggregate amount of such A Borrowing, Borrowing and (iv) in the case of an A Borrowing comprised of Eurodollar Rate Advances, the initial Interest Period for each such A Advance. Each A Borrower may, subject to the conditions herein provided, borrow more than one A Borrowing on any Business Day. Each Lender shall, before 1:00 P.M. 12:00 noon (New York City time) in the case of a Borrowing consisting of Base Rate Advances and before 11:00 A.M. (New York City time) in the case of a Borrowing consisting of Eurodollar Rate Advances, in each case on the date of such A Borrowing, make available for the account of its Applicable Lending Office to the Agent at its address referred to in Section 9.02, in same day funds, such A Lender's ratable portion of such A Borrowing. After the Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article IIIIV, the Agent will make such funds available to the Borrower requesting the proposed A Borrowing at the Agent's aforesaid address.

Appears in 1 contract

Samples: Credit Agreement (Gap Inc)

Making the A Advances. (a) Each A Borrowing shall be made on noticenotice by the Borrower to the Administrative Agent (a "NOTICE OF A BORROWING") received by the Administrative Agent, given (i) in the case of a proposed A Borrowing comprised of Base Rate Advances, not later than (x) 10:00 A.M. (New York City time) on the date Business Day of such proposed A Borrowing, and (ii) in the case of a proposed A Borrowing consisting comprised of Base Eurodollar Rate Advances and (y) Advances, not later than 12:00 noon (New York City time) on the third Business Day prior to the date of a such proposed A Borrowing consisting Borrowing. Each Notice of Eurodollar Rate Advances, by the Borrower requesting the proposed A Borrowing to the Agentshall be by telecopy, which shall give to each Lender prompt notice thereof telefax or other teletransmission or by telephone (and if by telephone, confirmed promptly by telecopier, telex telefax or cable. Each such notice of an A Borrowing (a "Notice of A Borrowing") shall be by telecopier, telex or cable, confirmed immediately in writingother teletransmission), in substantially the form of Exhibit A-1 B hereto, specifying therein the requested (iw) date of such A Borrowing, (iix) Type of A Advances comprising such A Borrowing, (iiiy) aggregate amount of such A Borrowing, and (ivz) in the case of an A Borrowing comprised of Eurodollar Rate Advances, the initial Interest Period for each such A Advance. A Borrower may, subject to the conditions herein provided, borrow more than one A Borrowing on any Business Day. Each Lender shall, before 1:00 P.M. p.m. (New York City time) in the case of a Borrowing consisting of Base Rate Advances and before 11:00 A.M. (New York City time) in the case of a Borrowing consisting of Eurodollar Rate Advances, in each case on the date of such A Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent in care of JPMorgan Chase Bank, Agency Services, Xxx Xxxxx Xxxxxxxxx Xxxxx, 0xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Xxxxxxx Xxxxxxx, Reference: Burlington Resources Inc., or at its address referred such other location designated by notice from the Administrative Agent to in the Lenders pursuant to Section 9.028.02, in same day funds, such Lender's ratable portion of such A Borrowing. After Immediately after the Administrative Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III3, the Administrative Agent will make such funds available to the Borrower requesting at JPMorgan Chase Bank, One Chase Xxxxxxxxx Xxxxx, 0xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, or at any account of the proposed A Borrowing at Borrower maintained by the Administrative Agent (or any successor Administrative Agent's aforesaid address) designated by the Borrower and agreed to by the Administrative Agent (or such successor Administrative Agent), in same day funds.

Appears in 1 contract

Samples: Credit Agreement (Burlington Resources Inc)

Making the A Advances. (a) Each A Borrowing shall be made on noticenotice by the Borrower to the Administrative Agent (a "NOTICE OF A BORROWING") received by the Administrative Agent, given (i) in the case of a proposed A Borrowing comprised of Base Rate Advances, not later than (x) 10:00 A.M. (New York City time) on the date Business Day of such proposed A Borrowing, and (ii) in the case of a proposed A Borrowing consisting comprised of Base Eurodollar Rate Advances and (y) Advances, not later than 12:00 noon (New York City time) on the third Business Day prior to the date of a such proposed A Borrowing consisting Borrowing. Each Notice of Eurodollar Rate Advances, by the Borrower requesting the proposed A Borrowing to the Agentshall be by telecopy, which shall give to each Lender prompt notice thereof telefax or other teletransmission or by telephone (and if by telephone, confirmed promptly by telecopier, telex telefax or cable. Each such notice of an A Borrowing (a "Notice of A Borrowing") shall be by telecopier, telex or cable, confirmed immediately in writingother teletransmission), in substantially the form of Exhibit A-1 B hereto, specifying therein the requested (iw) date of such A Borrowing, (iix) Type of A Advances comprising such A Borrowing, (iiiy) aggregate amount of such A Borrowing, and (ivz) in the case of an A Borrowing comprised of Eurodollar Rate Advances, the initial Interest Period for each such A Advance. A Borrower may, subject to the conditions herein provided, borrow more than one A Borrowing on any Business Day. Each Lender shall, before 1:00 P.M. p.m. (New York City time) in the case of a Borrowing consisting of Base Rate Advances and before 11:00 A.M. (New York City time) in the case of a Borrowing consisting of Eurodollar Rate Advances, in each case on the date of such A Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred at Morgxx, 00 Wxxx Xxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Xxference: Burlington Resources Inc., or at such other location designated by notice from the Administrative Agent to in the Lenders pursuant to Section 9.028.02, in same day funds, such Lender's ratable Lendxx'x xatable portion of such A Borrowing. After Immediately after the Administrative Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III3, the Administrative Agent will make such funds available to the Borrower requesting at Morgxx, 00 Wxxx Xxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, xx at any account of the proposed A Borrowing at Borrower maintained by the Administrative Agent (or any successor Administrative Agent's aforesaid address) designated by the Borrower and agreed to by the Administrative Agent (or such successor Administrative Agent), in same day funds.

Appears in 1 contract

Samples: Credit Agreement (Burlington Resources Inc)

Making the A Advances. (a) Each A Borrowing shall be made on notice, given not later than (x1) in the case of a proposed Borrowing comprised of Eurodollar Rate Advances, 11:00 A.M. (New York City time) at least three Business Days prior to the date of the proposed Borrowing, and (2) in the case of a proposed Borrowing comprised of Base Rate Advances, 10:00 A.M. (New York City time) on the date of a the proposed A Borrowing consisting of Base Rate Advances and (y) 12:00 noon (New York City time) on the third Business Day prior to the date of a proposed A Borrowing consisting of Eurodollar Rate AdvancesBorrowing, by the Borrower requesting the proposed such A Borrowing to the Agent, which shall give to each Lender Bank prompt notice thereof by telecopiertelecopy, telex or cable. Each such notice of an A Borrowing (a "Notice of A Borrowing") shall be by telecopier, telex or cabletelephone, confirmed immediately in writing, or by telecopy, telex or cable in substantially the form of Exhibit A-1 B-1 hereto, executed by the Borrower requesting such A Borrowing and specifying therein the requested (i) date of such A BorrowingBorrowing (which shall be a Business Day), (ii) initial Type of A Advances comprising such A Borrowing, (iii) aggregate amount of such A Borrowing, and (iv) in the case of an A Borrowing comprised of Eurodollar Rate Advances, the initial Interest Period for each such A Advance. A Borrower may, subject to the conditions herein provided, borrow more than one A Borrowing on any Business Day. Each Lender Bank shall, before 1:00 P.M. (New York City time) in the case of a Borrowing consisting of Base Rate Advances and before 11:00 A.M. (New York City time) in the case of a Borrowing consisting of Eurodollar Rate Advances, in each case on the date of such A Borrowing, make available for the account of its Applicable Lending Office to the Agent at its New York address referred to in Section 9.028.02, in same day funds, such LenderBank's ratable portion of such A Borrowing. After the Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will make such funds available to the Borrower requesting the proposed such A Borrowing at the Agent's aforesaid address.

Appears in 1 contract

Samples: Credit Agreement (Williams Companies Inc)

Making the A Advances. (a) Each A Borrowing shall be made on noticenotice given by the Borrower or a Borrowing Subsidiary, given as the case may be, and received by the Administrative Agent, which shall give prompt notice thereof to each Lender by telecopier, not later than (x) 10:00 11:00 A.M. (New York City time) on the date of a proposed A Borrowing consisting of Base Rate Advances and (y) 12:00 noon (New York City time) on the third Business Day prior to the date of a the proposed A Borrowing consisting in the case of Eurodollar Rate Advances, by or the Borrower requesting same Business Day in the proposed A Borrowing to the Agent, which shall give to each Lender prompt notice thereof by telecopier, telex or cablecase of Base Rate Advances. Each such notice of an A Borrowing (a "Notice of A Borrowing") shall be given by telecopier, telex or cable, confirmed immediately in writingby hand or by mail, in substantially the form of Exhibit A-1 B-1 hereto, specifying therein the requested (i) date of such A Borrowing, (ii) Type of A Advances comprising such A Borrowing, (iii) aggregate amount of such A Borrowing, and (iv) in the case of an A Borrowing comprised of Eurodollar Rate Advances, the initial Interest Period for each such A Advance. A Borrower mayUpon fulfillment of the applicable conditions set forth in Article III, subject to the conditions herein provided, borrow more than one A Borrowing on any Business Day. Each each Lender shall, before 1:00 P.M. 12:00 noon (New York City time) in the case of a Borrowing consisting of Base Rate Advances and before 11:00 A.M. (New York City time) in the case of a Borrowing consisting of Eurodollar Rate Advances, in each case on the date of such A Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 9.02the Administrative Agent’s Account, in same day immediately available funds, such Lender's ’s ratable portion of such A Borrowing. After the Administrative Agent's ’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will promptly make such funds available to the Borrower requesting the proposed A Borrowing at the Administrative Agent's aforesaid address’s address referred to in Section 8.02.

Appears in 1 contract

Samples: Credit Agreement (Colgate Palmolive Co)

Making the A Advances. (a) Each A Borrowing shall be made on notice, given not later than (x) 10:00 11:00 A.M. (New York City time) (i) on the date same Business Day as the proposed A Borrowing in the case of a proposed an A Borrowing consisting of Base Rate Advances and or (y) 12:00 noon (New York City timeii) on the third Business Day prior to the date of a the proposed A Borrowing in the case of an A Borrowing consisting of Eurodollar Rate LIBOR Advances, by the Borrower requesting the proposed A Borrowing to the Agent, which shall give to each Lender prompt notice thereof by telecopier, telex or cable. Each such notice of an A Borrowing (a "Notice of A Borrowing") shall be by telecopier, or by telex or cable, cable (confirmed immediately in writing), in substantially the form of Exhibit A-1 B-1 hereto, specifying therein the requested (i) date of such A Borrowing, (ii) Type of A Advances comprising such A Borrowing, (iii) aggregate amount of such A Borrowing, and (iv) in the case of an A Borrowing comprised of Eurodollar Rate LIBOR Advances, the initial Interest Period for each such A Advance. A Borrower may, subject to the conditions herein provided, borrow more than one A Borrowing on any Business Day. Each Lender shall, before 1:00 P.M. (New York City time) in the case of a Borrowing consisting of Base Rate Advances and before 11:00 A.M. (New York City time) in the case of a Borrowing consisting of Eurodollar Rate Advances, in each case on the date of such A Borrowing, make available for the account of its Applicable Lending Office to the Agent at its address referred to in Section 9.028.02, in same day funds, such Lender's ratable portion of such A Borrowing. After the Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will make such funds available to the Borrower requesting the proposed A Borrowing at the Agent's aforesaid addressaddress not later than 2:00 P.M. (New York city time) on such date.

Appears in 1 contract

Samples: Credit Agreement (Supervalu Inc)

Making the A Advances. (a) Each A Borrowing shall be made on noticenotice by the Borrower to the Agent (a "Notice of A Borrowing") received by the Agent, given (i) in the case of a proposed A Borrowing comprised of Base Rate Advances, not later than (x) 10:00 A.M. (New York City time) on the date Business Day of such proposed A Borrowing, and (ii) in the case of a proposed A Borrowing consisting comprised of Base Eurodollar Rate Advances and (y) Advances, not later than 12:00 noon (New York City time) on the third Business Day prior to the date of a such proposed A Borrowing consisting Borrowing. Each Notice of Eurodollar Rate Advances, by the Borrower requesting the proposed A Borrowing to the Agentshall be by telecopy, which shall give to each Lender prompt notice thereof telefax or other teletransmission or by telephone (and if by telephone, confirmed promptly by telecopier, telex telefax or cable. Each such notice of an A Borrowing (a "Notice of A Borrowing") shall be by telecopier, telex or cable, confirmed immediately in writingother teletransmission), in substantially the form of Exhibit A-1 C hereto, specifying therein the requested (iw) date of such A Borrowing, (iix) Type of A Advances comprising such A Borrowing, (iiiy) aggregate amount of such A Borrowing, and (ivz) in the case of an A Borrowing comprised of Eurodollar Rate Advances, the initial Interest Period for each such A Advance. A Borrower may, subject to the conditions herein provided, borrow more than one A Borrowing on any Business Day. Each Lender shall, before 1:00 P.M. p.m. (New York City time) in the case of a Borrowing consisting of Base Rate Advances and before 11:00 A.M. (New York City time) in the case of a Borrowing consisting of Eurodollar Rate Advances, in each case on the date of such A Borrowing, make available for the account of its Applicable Lending Office to the Agent at its address referred at Citibank, 399 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Xxference: Burlington Resources Inc., or at such other location designated by notice from the Agent to in the Lenders pursuant to Section 9.028.02, in same day funds, such Lender's ratable portion of such A Borrowing. After Immediately after the Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will make such funds available to the Borrower requesting at Citibank, 399 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx, xx at any account of the proposed A Borrowing at Borrower maintained by the Agent (or any successor Agent's aforesaid address) designated by the Borrower and agreed to by the Agent (or such successor Agent), in same day funds.

Appears in 1 contract

Samples: Credit Agreement (Burlington Resources Inc)

Making the A Advances. (a) Each A Borrowing shall be made on notice, given not later than (x) 10:00 11:00 A.M. (New York City time) on the date of a proposed A Borrowing consisting of Base Rate Advances and (y) 12:00 noon (New York City time) on the third Business Day prior to the date of a the proposed A Borrowing (in the case of an A Borrowing consisting of Eurodollar Rate Advances) or given not later than 11:00 A.M. (New York City time) on the Business Day of the proposed A Borrowing (in the case of an A Borrowing consisting of Base Rate Advances), by the Borrower requesting the proposed A Borrowing to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopier, telex or cable. Each such notice of an A Borrowing (a "Notice of A Borrowing") shall be by telecopier, telex or cable, confirmed immediately in writing, in substantially the form of Exhibit A-1 B-1 hereto, specifying therein the requested (i) date of such A Borrowing, (ii) Type of A Advances comprising such A Borrowing, (iii) aggregate amount of such A Borrowing, and (iv) in the case of an A Borrowing comprised consisting of Eurodollar Rate Advances, the initial Interest Period for each such A Advance. A Borrower may, subject to the conditions herein provided, borrow more than one A Borrowing on any Business Day. Each Lender shall, before 1:00 P.M. (New York City time) in the case of a Borrowing consisting of Base Rate Advances and before 11:00 A.M. (New York City time) in the case of a Borrowing consisting of Eurodollar Rate Advances, in each case on the date of such A Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 9.028.02, in same day funds, such Lender's ’s ratable portion of such A Borrowing. After the Administrative Agent's ’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower requesting the proposed A Borrowing at the Administrative Agent's ’s aforesaid address.

Appears in 1 contract

Samples: Year Credit Agreement (Becton Dickinson & Co)

Making the A Advances. (ai) Each A Borrowing shall be --------------------- made on notice, given not later than (x) 10:00 11:00 A.M. (New York City time) by the Borrower to the Lenders, (A) in the case of Adjusted CD Rate Advances, on the Business Day prior to the date of a the proposed A Borrowing consisting of Base Rate Advances and (yB) 12:00 noon (New York City time) in the case of Eurodollar Rate Advances, on the third Business Day prior to the date of a proposed A Borrowing consisting of Eurodollar Rate Advances, by the Borrower requesting the proposed A Borrowing to and (C) in the Agentcase of Base Rate Advances, which shall give to each Lender prompt notice thereof by telecopier, telex or cableon the day of the proposed A Borrowing. Each such notice of an A Borrowing (a "Notice of A Borrowing") shall be by telecopier, telex or cabletelephone, confirmed immediately in writing, in substantially the form of Exhibit A-1 B-1 hereto, specifying therein the requested (iI) date of such A Borrowing, (iiII) Type of A Advances comprising such A Borrowing, (iiiIII) aggregate amount of such A Borrowing, and (ivIV) in the case of an A Borrowing comprised of Eurodollar Rate Advances, the initial Interest Period for each such A Advance. A Borrower may, subject to the conditions herein provided, borrow more than one A Borrowing on any Business Day. Each Lender shall, before 1:00 P.M. (New York City time) in In the case of a proposed A Borrowing consisting comprised of Base Rate Advances, Adjusted CD Rate Advances and before 11:00 A.M. (New York City time) in the case of a Borrowing consisting of or Eurodollar Rate Advances, in the Borrower shall, as soon as possible, notify each case on Lender of the date applicable interest rate under Section 2.06(a), (b) or (c) and, if the Majority Lenders disagree with the calculation of the interest rate so notified by the Borrower, the Majority Lenders shall promptly notify each other Lender and the Borrower of such A Borrowing, make available for applicable interest rate. Upon the account of its Applicable Lending Office to the Agent at its address referred to in Section 9.02, in same day funds, such Lender's ratable portion of such A Borrowing. After the Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, each Lender shall, before 2:00 P.M. (New York City time) on the Agent will date of such A Borrowing, make such funds available to the Borrower requesting such Lender's ratable portion of such A Borrowing, at the proposed account of the Borrower with such Lender in New York, New York or, if no such account exists, by wire transfer to such account as shall be specified by the Borrower by notice to such Lender, in same day funds. The failure of any Lender to make the A Advance to be made by it as part of any A Borrowing at shall not relieve any other Lender of its obligation, if any, hereunder to make its A Advance on the Agent's aforesaid addressdate of such A Borrowing, but no Lender shall be responsible for the failure of any other Lender to make the A Advance to be made by such other Lender on the date of any A Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Olin Corp)

Making the A Advances. (a) Each A Borrowing shall be made on noticenotice by the Borrower, given not later than (x) 10:00 A.M. (New York City time) on the date of a proposed A Borrowing consisting of Base Rate Advances and (y) 12:00 noon (New York City time) on the third Business Day prior to the date of a proposed A Borrowing consisting of Eurodollar Rate Advances, by the Borrower requesting the proposed A Borrowing to the Agent, which shall give to each Lender prompt notice thereof by telecopier, telex mail or cabledelivery. Each such notice of an A Borrowing (a "Notice of A Borrowing") shall be by telecopier, telex mail or cabledelivery, confirmed immediately in writing, in substantially the form of Exhibit A-1 hereto, specifying therein the requested (i) date of such A Borrowing, (ii) Type of A Advances comprising such A Borrowing, (iii) aggregate amount of such A Borrowing, and (iv) in the case of an A Borrowing comprised of Eurodollar Rate Advances, the initial Interest Period for each such A Advance. A The Borrower may, subject to the conditions herein provided, borrow more than one A Borrowing on any Business Day. Each Lender shall, before 1:00 P.M. (New York City time) in the case of a Borrowing consisting of Base Rate Advances and before 11:00 A.M. (New York City time) in the case of a Borrowing consisting of Eurodollar Rate Advances, in each case on the date of such A Borrowing, make available for the account of its Applicable Lending Office to the Agent at its address referred to in Section 9.028.02, in same day funds, such Lender's ’s ratable portion of such A Borrowing. After the Agent's ’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will make such funds available to the Borrower requesting the proposed A Borrowing at the Agent's ’s aforesaid address.

Appears in 1 contract

Samples: Credit Agreement (Computer Sciences Corp)

Making the A Advances. (a) Each A Borrowing shall be made on notice, given not later than (x) 10:00 A.M. (New York City time) on the date of a proposed A Borrowing consisting of Base Rate Advances and (y) 12:00 noon (New York City time) on the third Business Day prior to the date of a proposed A Borrowing consisting of Eurodollar Rate Advances, by the Borrower requesting the proposed A Borrowing to the Agent, which shall give to each Lender prompt notice thereof by telecopier, telex or cable. Each such notice of an A Borrowing (a "Notice of A Borrowing") shall be by telecopier, telex or cable, confirmed immediately in writing, in substantially the form of Exhibit A-1 hereto, specifying therein the requested (i) date of such A Borrowing, (ii) Type of A Advances comprising such A Borrowing, (iii) aggregate amount of such A Borrowing, and (iv) in the case of an A Borrowing comprised of Eurodollar Rate Advances, the initial Interest Period for each such A Advance. A Borrower may, subject to the conditions herein provided, borrow more than one A Borrowing on any Business Day. Each Lender shall, before 1:00 P.M. (New York City time) in the case of a Borrowing consisting of Base Rate Advances and before 11:00 A.M. (New York City time) in the case of a Borrowing consisting of Eurodollar Rate Advances, in each case on the date of such A Borrowing, make available for the account of its Applicable Lending Office to the Agent at its address referred to in Section 9.02, in same day funds, such Lender's ratable portion of such A Borrowing. After the Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will make such funds available to the Borrower requesting the proposed A Borrowing at the Agent's aforesaid address.. (b) Anything in subsection (a) above to the contrary notwithstanding,

Appears in 1 contract

Samples: Credit Agreement (Computer Sciences Corp)

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Making the A Advances. (a) Each A Borrowing shall be made on notice, given not later than (x) 10:00 11:00 A.M. (New York City time) (i) on the date same Business Day as the proposed A Borrowing in the case of a proposed an A Borrowing consisting of Base Rate Advances and or (y) 12:00 noon (New York City timeii) on the third Business Day prior to the date of a the proposed A Borrowing in the case of an A Borrowing consisting of Eurodollar Rate Advances, by the Borrower requesting the proposed A Borrowing to the Agent, which shall give to each Lender prompt notice thereof by telecopier, telex or cable. Each such notice of an A Borrowing (a "Notice of A Borrowing") shall be by telecopier, telex or cable, confirmed immediately in writing, in substantially the form of Exhibit A-1 B-1 hereto, specifying therein the requested (i) date of such A Borrowing, (ii) Type of A Advances comprising such A Borrowing, (iii) aggregate amount of such A Borrowing, and (iv) in the case of an A Borrowing comprised of Eurodollar Rate Advances, the initial Interest Period for each such A Advance. A Borrower may, subject to the conditions herein provided, borrow more than one A Borrowing on any Business Day. Each Lender shall, before 1:00 P.M. (New York City time) in the case of a Borrowing consisting of Base Rate Advances and before 11:00 A.M. (New York City time) in the case of a Borrowing consisting of Eurodollar Rate Advances, in each case on the date of such A Borrowing, make available for the account of its Applicable Lending Office to the Agent at its address referred to in Section 9.028.02, in same day funds, such Lender's ratable portion of such A Borrowing. After the Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will make such funds available to the Borrower requesting the proposed A Borrowing at the Agent's aforesaid addressaddress not later than 2:00 P.M. (New York City time) on such date.

Appears in 1 contract

Samples: Credit Agreement (Supervalu Inc)

Making the A Advances. (a) Each A Borrowing shall be made on notice, given not later than (x) 10:00 11:00 A.M. (New York City time) on the date of a proposed A Borrowing consisting of Base Rate Advances and (y) 12:00 noon (New York City time) on the third Business Day prior to the date of a proposed A Borrowing consisting of Eurodollar Rate Advances, by the Borrower requesting the proposed A Borrowing (in the case of an A Borrowing to consist of Eurocurrency Rate Advances), or by 11:00 A.M. (New York City time) on the day of the proposed A Borrowing (in the case of an A Borrowing to consist of Base Rate Advances), by the Company (on its own behalf and on behalf of the other Borrowers) to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopier, telex telecopier or cableby telex. Each such notice of an A Borrowing (a "Notice of A Borrowing") shall be by telecopiertelecopier or by telex, telex or cable, --------------------- confirmed immediately in writing, in substantially the form of Exhibit A-1 B-1 hereto, specifying therein the requested (i) the date of such A Borrowing, (ii) the Type of A Advances comprising such A Borrowing, (iii) the aggregate amount of such A BorrowingBorrowing and the Currency thereof (except that Base Rate Advances must be denominated in Dollars), and (iv) in the case of an A Borrowing comprised consisting of Eurodollar Eurocurrency Rate Advances, the initial Interest Period for each such A Advance. Advance and (v) the name of the Borrower of such A Borrower may, subject to Advance (which shall be the conditions herein provided, borrow more than one A Borrowing on any Business DayCompany or a Designated Borrower). Each Lender shallshall on the date of such A Borrowing, before 11:00 A.M. (New York City time), in the case of an A Borrowing to consist of Eurocurrency Rate Advances, and before 1:00 P.M. (New York City time) ), in the case of a an A Borrowing consisting to consist of Base Rate Advances and before 11:00 A.M. (New York City time) in the case of a Borrowing consisting of Eurodollar Rate Advances, in each case on the date of such A Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 9.028.02, in the relevant Currency and in same day funds, such Lender's ratable portion of such A Borrowing. After the Administrative Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower requesting the proposed A Borrowing Company at the Administrative Agent's aforesaid address.address (or, in the case of an A Borrowing by a Designated Borrower, the Administrative Agent will make such funds available to the relevant Borrower in such manner as the Administrative Agent and the Company may agree). 364-DAY CREDIT AGREEMENT

Appears in 1 contract

Samples: Credit Agreement (Solutia Inc)

Making the A Advances. (a) Each A Borrowing shall be made on notice, given not later than (x) 10:00 11:00 A.M. (New York City time) (i) on the date same Business Day as the proposed A Borrowing in the case of a proposed an A Borrowing consisting of Base Rate Advances and or (y) 12:00 noon (New York City timeii) on the third Business Day prior to the date of a the proposed A Borrowing in the case of an A Borrowing consisting of Eurodollar Rate Advances, by the Borrower requesting the proposed A Borrowing to the Agent, which shall give to each Lender prompt notice thereof by telecopier, telex or cable. Each such notice of an A Borrowing (a "Notice of A Borrowing") shall be by telecopierfacsimile transmission, or by telex or cable, cable (confirmed immediately in writing), in substantially the form of Exhibit A-1 B-1 hereto, specifying therein the requested (i) date of such A Borrowing, (ii) Type of A Advances comprising such A Borrowing, (iii) aggregate amount of such A Borrowing, and (iv) in the case of an A Borrowing comprised of Eurodollar Rate Advances, the initial Interest Period for each such A Advance. A Borrower may, subject to the conditions herein provided, borrow more than one A Borrowing on any Business Day. Each Lender shall, before 1:00 P.M. (New York City time) in the case of a Borrowing consisting of Base Rate Advances and before 11:00 A.M. (New York City time) in the case of a Borrowing consisting of Eurodollar Rate Advances, in each case on the date of such A Borrowing, make available for the account of its Applicable Lending Office to the Agent at its address referred to in Section 9.028.02, in same day funds, such Lender's ratable portion of such A Borrowing. After the Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will make such funds available to the Borrower requesting the proposed A Borrowing at the Agent's aforesaid addressaddress not later than 2:00 P.M. (New York City time) on such date.

Appears in 1 contract

Samples: Credit Agreement (Supervalu Inc)

Making the A Advances. (a) Each A Borrowing shall be made on noticenotice by the Borrower to the Administrative Agent (a "NOTICE OF A BORROWING") received by the Administrative Agent, given (i) in the case of a proposed A Borrowing comprised of Base Rate Advances, not later than (x) 10:00 A.M. (New York City time) on the date Business Day of such proposed A Borrowing, and (ii) in the case of a proposed A Borrowing consisting comprised of Base Eurodollar Rate Advances and (y) Advances, not later than 12:00 noon (New York City time) on the third Business Day prior to the date of a such proposed A Borrowing consisting Borrowing. Each Notice of Eurodollar Rate Advances, by the Borrower requesting the proposed A Borrowing to the Agentshall be by telecopy, which shall give to each Lender prompt notice thereof telefax or other teletransmission or by telephone (and if by telephone, confirmed promptly by telecopier, telex telefax or cable. Each such notice of an A Borrowing (a "Notice of A Borrowing") shall be by telecopier, telex or cable, confirmed immediately in writingother teletransmission), in substantially the form of Exhibit A-1 B hereto, specifying therein the requested (iw) date of such A Borrowing, (iix) Type of A Advances comprising such A Borrowing, (iiiy) aggregate amount of such A Borrowing, and (ivz) in the case of an A Borrowing comprised of Eurodollar Rate Advances, the initial Interest Period for each such A Advance. A Borrower may, subject to the conditions herein provided, borrow more than one A Borrowing on any Business Day. Each Lender shall, before 1:00 P.M. p.m. (New York City time) in the case of a Borrowing consisting of Base Rate Advances and before 11:00 A.M. (New York City time) in the case of a Borrowing consisting of Eurodollar Rate Advances, in each case on the date of such A Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent in care of JPMorgan Chase Bank, Agency Services, One Chase Manhattan Plaza, 8th Floor, New York, NY 10081, Attention: Xxxxxxx Xxxxxxx, Xxxxxxxxx: Xxxxxxxxxx Xxxxxxxxx Xxx., or at its address referred such otxxx xxxxxxxx xxsignated by notice from the Administrative Agent to in the Lenders pursuant to Section 9.028.02, in same day funds, such Lender's ratable portion of such A Borrowing. After Immediately after the Administrative Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III3, the Administrative Agent will make such funds available to the Borrower requesting at JPMorgan Chase Bank, One Chase Manhattan Plaza, 8th Floor, New York, NY 10081, or at any account of xxx Xxxxxxxx xxxxxxxxxx xx xxx Xxxxxxxxxxxxxx Agent (or any successor Administrative Agent) designated by the proposed A Borrowing at Borrower and agreed to by the Administrative Agent (or such successor Administrative Agent's aforesaid address), in same day funds.

Appears in 1 contract

Samples: Credit Agreement (Burlington Resources Inc)

Making the A Advances. (a) Each A Borrowing shall be made on notice, given not later than (x1) in the case of a proposed Borrowing comprised of Eurodollar Rate Advances, 11:00 A.M. (New York City time) at least three Business Days prior to the date of the proposed Borrowing, and (2) in the case of a proposed Borrowing comprised of Base Rate Advances, 10:00 A.M. (New York City time) on the date of a the proposed A Borrowing consisting of Base Rate Advances and (y) 12:00 noon (New York City time) on the third Business Day prior to the date of a proposed A Borrowing consisting of Eurodollar Rate AdvancesBorrowing, by the Borrower requesting the proposed such A Borrowing to the Agent, which shall give to each Lender Bank prompt notice thereof by telecopiertelecopy, telex or cable. Each such notice of an A Borrowing (a "Notice of A Borrowing") shall be by telecopiertelecopy, telex or cable, confirmed immediately in writing, in substantially the form of Exhibit A-1 B-1 hereto, executed by the Borrower requesting such A Borrowing and specifying therein the requested (i) date of such A BorrowingBorrowing (which shall be a Business Day), (ii) initial Type of A Advances comprising such A Borrowing, (iii) aggregate amount of such A Borrowing, and (iv) in the case of an A Borrowing comprised of Eurodollar Rate Advances, the initial Interest Period for each such A Advance. A Borrower may, subject to the conditions herein provided, borrow more than one A Borrowing on any Business Day. Each Lender Bank shall, before 1:00 P.M. (New York City time) in the case of a Borrowing consisting of Base Rate Advances and before 11:00 A.M. (New York City time) in the case of a Borrowing consisting of Eurodollar Rate Advances, in each case on the date of such A Borrowing, make available for the account of its Applicable Lending Office to the Agent at its New York address referred to in Section 9.028.02, in same day funds, such LenderBank's ratable portion of such A Borrowing. After the Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will make such funds available to the Borrower requesting the proposed such A Borrowing at the Agent's aforesaid address. Notwithstanding the other provisions hereof, each Bank that is to be paid by any Borrower on December 20, 1996 any principal amount outstanding under the 1995 Credit Agreement as contemplated by Section 8.14 shall apply the proceeds of any Advance to be made by it to such Borrower on such date to pay such amount and only an amount equal to the difference (if any) between the amount of such Advance and the principal amount being so paid shall be made available by such Bank to the Agent as provided herein, or remitted by such Borrower to the Agent as provided in Section 2.13, as the case may be.

Appears in 1 contract

Samples: Credit Agreement (Williams Companies Inc)

Making the A Advances. (a) Each A Borrowing shall be made on notice, notice given not later than (x) 10:00 A.M. (New York City time) on the date of a proposed A Borrowing consisting of Base Rate Advances and (yi) 12:00 noon (New York City time) on the third Business Day prior to the date of a the proposed A Borrowing, if such proposed A Borrowing consisting consists of Eurodollar Rate Advances and (ii) 10:00 A.M. (New York City time) on the day of such proposed A Borrowing, if such proposed A Borrowing consists of Base Rate Advances, by the Borrower requesting the proposed A Borrowing to the Agent, which shall give to each A Lender prompt notice thereof by telecopier, telex or cable. Each such notice of an A Borrowing (a "Notice of A Borrowing") shall be by telecopier, telex telecopier or cabletelephone (and if by telephone, confirmed immediately in writing), in substantially the form of Exhibit A-1 hereto, specifying therein the requested (i) date of such A Borrowing, (ii) Type of A Advances comprising such A Borrowing, (iii) aggregate amount of such A Borrowing, Borrowing and (iv) in the case of an A Borrowing comprised of Eurodollar Rate Advances, the initial Interest Period for each such A Advance. Each A Borrower may, subject to the conditions herein provided, borrow more than one A Borrowing on any Business Day. Each Lender shall, before 1:00 P.M. 12:00 noon (New York City time) in the case of a Borrowing consisting of Base Rate Advances and before 11:00 A.M. (New York City time) in the case of a Borrowing consisting of Eurodollar Rate Advances, in each case on the date of such A Borrowing, make available for the account of its Applicable Lending Office to the Agent at its address referred to in Section 9.0210.02, in same day funds, such A Lender's ratable portion of such A Borrowing. After the Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article IIIV, the Agent will make such funds available to the Borrower requesting the proposed A Borrowing at the Agent's aforesaid address.

Appears in 1 contract

Samples: Credit Agreement (Gap Inc)

Making the A Advances. (a) Each A Borrowing shall be made on notice, given not later than (x) 10:00 A.M. (New York City time) on the date of a proposed A Borrowing consisting of Base Rate Advances and (y) 12:00 noon (New York City timei) on the third Business Day prior to the date of a the proposed A Borrowing, in the case of an A Borrowing consisting comprised of Eurodollar Rate Advances, and (ii) on the date of the proposed A Borrowing, in the case of an A Borrowing comprised of Base Rate Advances, in each case by the Borrower requesting the proposed A Borrowing to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopier, telex or cable. Each such notice of an A Borrowing (a "Notice of NOTICE OF A BorrowingBORROWING") shall be by telecopier, telex or cable, confirmed immediately in writing, in substantially the form of Exhibit A-1 2.02(a) hereto, specifying therein the requested (iA) date of such A Borrowing, (iiB) Type of A Advances comprising such A Borrowing, (iiiC) aggregate amount of such A Borrowing, Borrowing and (ivD) in the case of an A Borrowing comprised of Eurodollar Rate Advances, the initial Interest Period for each such A Advance. A Borrower may, subject to the conditions herein provided, borrow more than one A Borrowing on any Business Day. Each Lender shall, before 1:00 P.M. (New York City timex) in the case of a Borrowing consisting of Base Rate Advances and before 11:00 A.M. (New York City time) in the case of a Borrowing consisting of Eurodollar Rate Advances, in each case 12:00 noon on the date of such A Borrowing, in the case of an A Borrowing comprised of Eurodollar Rate Advances, and (y) 1:00 p.m. on the date of such A Borrowing, in the case of an A Borrowing comprised of Base Rate Advances, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 9.028.02, in same day funds, such Lender's ratable portion of such A Borrowing. After the Administrative Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will promptly make such funds available to the Borrower requesting the proposed A Borrowing at the Administrative Agent's aforesaid address.

Appears in 1 contract

Samples: Credit Agreement (Commonwealth Edison Co)

Making the A Advances. (a) Each A Borrowing shall be made on notice, given not later than (x) 10:00 11:00 A.M. (New York City time) on the date of a proposed A Borrowing consisting of Base Rate Advances and (y) 12:00 noon (New York City time) on the third Business Day prior to the date of a the proposed A Borrowing consisting (in the case of an A Borrowing to be comprised of Eurodollar Rate Advances), or by 11:00 A.M. (New York City time) on the day of the proposed A Borrowing (in the case of an A Borrowing to be comprised of Base Rate Advances), by the Borrower requesting the proposed A Borrowing to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopier, telex telecopier or cableby telex. Each such notice of an A Borrowing (a "Notice of NOTICE OF A BorrowingBORROWING") shall be by telecopier, telex telecopier or cableby telex, confirmed immediately in writing, in substantially the form of Exhibit A-1 B-1 hereto, specifying therein the requested (i) date of such A Borrowing, (ii) Type of A Advances comprising such A Borrowing, (iii) aggregate amount of such A Borrowing, and (iv) in the case of an A Borrowing comprised consisting of Eurodollar Rate Advances, the initial Interest Period for each such A Advance. Each Lender shall on the date of such A Borrower mayBorrowing, subject to before 11:00 A.M. (New York City time), in the conditions herein provided, borrow more than one case of an A Borrowing on any Business Day. Each Lender shallto be comprised of Eurodollar Rate Advances, and before 1:00 P.M. (New York City time) ), in the case of a an A Borrowing consisting to be comprised of Base Rate Advances and before 11:00 A.M. (New York City time) in the case of a Borrowing consisting of Eurodollar Rate Advances, in each case on the date of such A Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 9.028.02, in same day funds, such Lender's ratable portion of such A Borrowing. After the Administrative Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower requesting the proposed A Borrowing at the Administrative Agent's aforesaid address.

Appears in 1 contract

Samples: Credit Agreement (Monsanto Co)

Making the A Advances. (a) Each A Borrowing shall be made on notice, given not later than (x) 10:00 11:00 A.M. (New York City time) (i) on the date same Business Day as the proposed A Borrowing in the case of a proposed an A Borrowing consisting of Base Rate Advances and or (y) 12:00 noon (New York City timeii) on the third Business Day prior to the date of a the proposed A Borrowing in the case of an A Borrowing consisting of Eurodollar Rate LIBOR Advances, by the Borrower requesting the proposed A Borrowing to the Agent, which shall give to each Lender prompt notice thereof by telecopier, telex or cable. Each such notice of an A Borrowing (a "Notice of A Borrowing") shall be by telecopier, or by telex or cable, cable (confirmed immediately in writing), in substantially the form of Exhibit A-1 B-1 hereto, specifying therein the requested (i) date of such A Borrowing, (ii) Type of A Advances comprising such A Borrowing, (iii) aggregate amount of such A Borrowing, and (iv) in the case of an A Borrowing comprised of Eurodollar Rate LIBOR Advances, the initial Interest Period for each such A Advance. A Borrower may, subject to the conditions herein provided, borrow more than one A Borrowing on any Business Day. Each Lender shall, before 1:00 P.M. (New York City time) in the case of a Borrowing consisting of Base Rate Advances and before 11:00 A.M. (New York City time) in the case of a Borrowing consisting of Eurodollar Rate Advances, in each case on the date of such A Borrowing, make available for the account of its Applicable Lending Office to the Agent at its address referred to in Section 9.028.02, in same day funds, such Lender's ’s ratable portion of such A Borrowing. After the Agent's ’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will make such funds available to the Borrower requesting the proposed A Borrowing at the Agent's ’s aforesaid addressaddress not later than 2:00 P.M. (New York City time) on such date.

Appears in 1 contract

Samples: Credit Agreement (Supervalu Inc)

Making the A Advances. (a) Each During the Revolving Period, each A Borrowing shall be made on notice, given not later than (x) 10:00 11:00 A.M. (New York City time) on (a) in the date case of a proposed A Borrowing consisting comprised of Base Eurodollar Rate Advances and Advances, at least three (y3) 12:00 noon (New York City time) on the third Business Day Days prior to the date of the proposed A Borrowing, and (b) in the case of a proposed A Borrowing consisting comprised of Eurodollar Base Rate Advances, on the Business Day of the proposed A Borrowing, by the Borrower requesting the proposed A Borrowing to the Administrative Agent, which shall give to each Lender Bank prompt notice thereof by telecopiertelecopy, telex or cable. Each such notice of an A Borrowing (a "Notice of A Borrowing") shall be in writing (including by telecopier, telex or cable, confirmed immediately in writingtelecopy), in substantially the form of Exhibit A-1 B-1 hereto, specifying therein executed by the Borrower. Each Notice of A Borrowing shall refer to this Agreement and shall specify the requested (i) date of such A BorrowingBorrowing (which shall be a Business Day), (ii) Type of A Advances comprising such A Borrowing, (iii) aggregate principal amount of such A Borrowing, and (iv) in the case of an A Borrowing comprised of Eurodollar Rate Advances, the initial Interest Period for each such A AdvanceBorrowing. No Fixed Rate Advance shall be requested in, or made pursuant to, a Notice of A Borrower may, subject to the conditions herein provided, borrow more than one A Borrowing on any Business DayBorrowing. Each Lender Bank shall, before 1:00 P.M. (New York City time) in the case of a Borrowing consisting of Base Rate Advances and before 11:00 A.M. (New York City time) in the case of a Borrowing consisting of Eurodollar Rate Advances, in each case on the date of such a proposed A Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 9.0210.02, in same day funds, such LenderBank's ratable portion of such A Borrowing. After the Administrative Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower requesting the proposed A Borrowing at the Administrative Agent's aforesaid address.

Appears in 1 contract

Samples: Credit Agreement (Brinker International Inc)

Making the A Advances. (a) Each A Borrowing shall be made on notice, given not later than (x) 10:00 11:00 A.M. (New York City time) on the date of a proposed A Borrowing consisting of Base Rate Advances and (y) 12:00 noon (New York City time) on the third Business Day prior to the date of a proposed A Borrowing consisting of Eurodollar Rate Advances, by the Borrower requesting the proposed A Borrowing (in the case of an A Borrowing to consist of Eurocurrency Rate Advances), or by 11:00 A.M. (New York City time) on the day of the proposed A Borrowing (in the case of an A Borrowing to consist of Base Rate Advances), by the Company (on its own behalf and on behalf of the other Borrowers) to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopier, telex telecopier or cableby telex. Each such notice of an A Borrowing (a "Notice of A Borrowing") shall be by telecopier, telex telecopier --------------------- or cableby telex, confirmed immediately in writing, in substantially the form of Exhibit A-1 B-1 hereto, specifying therein the requested (i) the date of such A Borrowing, (ii) the Type of A Advances comprising such A Borrowing, (iii) the aggregate amount of such A BorrowingBorrowing and the Currency thereof (except that Base Rate Advances must be denominated in Dollars), and (iv) in the case of an A Borrowing comprised consisting of Eurodollar Eurocurrency Rate Advances, the initial Interest Period for each such A Advance. Advance and (v) the name of the Borrower of such A Borrower may, subject to Advance (which shall be the conditions herein provided, borrow more than one A Borrowing on any Business DayCompany or a Designated Borrower). Each Lender shallshall on the date of such A Borrowing, before 11:00 A.M. (New York City time), in the case of an A Borrowing to consist of Eurocurrency Rate Advances, and before 1:00 P.M. (New York City time) ), in the case of a an A Borrowing consisting to consist of Base Rate Advances and before 11:00 A.M. (New York City time) in the case of a Borrowing consisting of Eurodollar Rate Advances, in each case on the date of such A Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 9.028.02, in the relevant Currency and in same day funds, such Lender's ratable portion of such A Borrowing. After the Administrative Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower requesting the proposed A Borrowing Company at the Administrative 364-DAY CREDIT AGREEMENT Agent's aforesaid addressaddress (or, in the case of an A Borrowing by a Designated Borrower, the Administrative Agent will make such funds available to the relevant Borrower in such manner as the Administrative Agent and the Company may agree).

Appears in 1 contract

Samples: Credit Agreement (Solutia Inc)

Making the A Advances. (a) Each A Borrowing shall be made on noticenotice by the Borrower to the Administrative Agent (a "NOTICE OF A BORROWING") received by the Administrative Agent, given (i) in the case of a proposed A Borrowing comprised of Base Rate Advances, not later than (x) 10:00 A.M. (New York City time) on the date Business Day of such proposed A Borrowing, and (ii) in the case of a proposed A Borrowing consisting comprised of Base Eurodollar Rate Advances and (y) Advances, not later than 12:00 noon (New York City time) on the third Business Day prior to the date of a such proposed A Borrowing consisting Borrowing. Each Notice of Eurodollar Rate Advances, by the Borrower requesting the proposed A Borrowing to the Agentshall be by telecopy, which shall give to each Lender prompt notice thereof telefax or other teletransmission or by telephone (and if by telephone, confirmed promptly by telecopier, telex telefax or cable. Each such notice of an A Borrowing (a "Notice of A Borrowing") shall be by telecopier, telex or cable, confirmed immediately in writingother teletransmission), in substantially the form of Exhibit A-1 B hereto, specifying therein the requested (iw) date of such A Borrowing, (iix) Type of A Advances comprising such A BorrowingBorrowing and, additionally, whether such A Borrowing consists of Revolving A Advances or Term A Advances, (iiiy) aggregate amount of such A Borrowing, and (ivz) in the case of an A Borrowing comprised of Eurodollar Rate Advances, the initial Interest Period for each such A Advance. A Borrower may, subject to the conditions herein provided, borrow more than one A Borrowing on any Business Day. Each Lender shall, before 1:00 P.M. p.m. (New York City time) in the case of a Borrowing consisting of Base Rate Advances and before 11:00 A.M. (New York City time) in the case of a Borrowing consisting of Eurodollar Rate Advances, in each case on the date of such A Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent in care of JPMorgan Chase Bank, Loan and Agency Services, 0000 Xxxxxx, 00xx Xxxxx, Xxxxxxx, Xxxxx 00000, Attention: Xxxxx Xxxxxxxxx, Reference: Burlington Resources Inc., or at its address referred such other location designated by notice from the Administrative Agent to in the Lenders pursuant to Section 9.028.02, in same day funds, such Lender's ratable portion of such A Borrowing. After Immediately after the Administrative Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III3, the Administrative Agent will make such funds available to the Borrower requesting at JPMorgan Chase Bank, One Chase Xxxxxxxxx Xxxxx, 0xx Xxxxx, Xxx Xxxx, XX 00000, or at any account of the proposed A Borrowing at Borrower maintained by the Administrative Agent (or any successor Administrative Agent's aforesaid address) designated by the Borrower and agreed to by the Administrative Agent (or such successor Administrative Agent), in same day funds.

Appears in 1 contract

Samples: Credit Agreement (Burlington Resources Inc)

Making the A Advances. (a) Each A Borrowing shall be made on notice, given not later than (x) 10:00 A.M. (New York City time) on the date of a proposed A Borrowing consisting of Base Rate Advances and (y) 12:00 noon (New York City timei) on the third Business Day prior to the date of a the proposed A Borrowing, in the case of an A Borrowing consisting comprised of Eurodollar Rate Advances, (ii) on the second Business Day prior to the date of the proposed A Borrowing, in the case of an A Borrowing comprised of Adjusted CD Rate Advances, and (iii) on the date of the proposed A Borrowing, in the case of an A Borrowing comprised of Base Rate Advances, in each case by the Borrower requesting the proposed A Borrowing to the Agent, which shall give to each Lender prompt notice thereof by telecopier, telex or cable. Each such notice of an A Borrowing (a "Notice of A Borrowing") shall be by telecopier, telex or cable, confirmed immediately in writing, in substantially the form of Exhibit A-1 2.02(a) hereto, specifying therein the requested (iA) date of such A Borrowing, (iiB) Type of A Advances comprising such A Borrowing, (iiiC) aggregate amount of such A Borrowing and (D) in the case of an A Borrowing comprised of Adjusted CD Rate Advances or Eurodollar Rate Advances, initial Interest Period for each such A Advance. Each Lender shall, before (x) 12:00 noon on the date of such A Borrowing, and (iv) in the case of an A Borrowing comprised of Eurodollar Rate Advances, the initial Interest Period for each such A Advance. A Borrower may, subject to the conditions herein provided, borrow more than one A Borrowing on any Business Day. Each Lender shall, before 1:00 P.M. (New York City time) in the case of a Borrowing consisting of Base Rate Advances and before 11:00 A.M. (New York City time) in the case of a Borrowing consisting of Eurodollar or Adjusted CD Rate Advances, in each case and (y) 1:00 p.m. on the date of such A Borrowing, in the case of an A Borrowing comprised of Base Rate Advances, make available for the account of its Applicable Lending Office to the Agent at its address referred to in Section 9.028.02, in same day funds, such Lender's ratable portion of such A Borrowing. After the Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such funds available to the Borrower requesting the proposed A Borrowing at the Agent's aforesaid address. (b) Each Notice of A Borrowing shall be irrevocable and binding on the Borrower. In the case of any A Borrowing which the related Notice of A Borrowing specifies is to be comprised of Adjusted CD Rate Advances or Eurodollar Rate Advances, the Borrower shall indemnify each Lender against any loss, cost or expense incurred by such Lender as a result of any failure to fulfill on or before the date specified in such Notice of A Borrowing for such A Borrowing the applicable conditions set forth in Article III, including, without limitation, any loss, cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by such Lender to fund the A Advance to be made by such Lender as part of such A Borrowing when such A Advance, as a result of such failure, is not made on such date. (c) Unless the Agent shall have received notice from a Lender prior to the date of any A Borrowing that such Lender will not make available to the Agent such Lender's A Advance as part of such A Borrowing, the Agent may assume that such Lender has made such A Advance available to the Agent on the date of such A Borrowing in accordance with subsection (a) of this Section 2.02 and the Agent may, in reliance upon such assumption, make available to the Borrower on such date a corresponding amount. If and to the extent that such Lender shall not have so made such A Advance available to the Agent, such Lender and the Borrower severally agree to repay to the Agent forthwith on demand such corresponding amount, together with interest thereon, for each day from the date such amount is made available to the Borrower until the date such amount is repaid to the Agent, at (i) in the case of the Borrower, the interest rate applicable at the time to A Advances comprising such A Borrowing and (ii) in the case of such Lender, the Federal Funds Rate. If such Lender shall repay to the Agent such corresponding amount, such amount so repaid shall constitute such Lender's A Advance as part of such A Borrowing for purposes of this Agreement.

Appears in 1 contract

Samples: Year Credit Agreement (Ies Utilities Inc)

Making the A Advances. (a) Each A Borrowing shall be made on notice, given not later than (x) 10:00 A.M. (New York City time) on the date of a proposed A Borrowing consisting of Base Rate Advances and (y) 12:00 noon (New York City time) on the (i) third Business Day prior to the date of a the proposed A Borrowing, if such proposed A Borrowing consisting consists of Eurodollar Rate Advances or Adjusted CD Rate Advances and (ii) Business Day prior to the date of such proposed A Borrowing, if such proposed Borrowing consists of Base Rate Advances, by the Borrower requesting the proposed A Borrowing to the Agent, which shall give to each A Lender prompt notice thereof by telecopier, telex or cable. Each such notice of an A Borrowing (a "Notice of A Borrowing") shall be by telecopier, telex telex, cable or cabletelephone (and if by telephone, confirmed immediately in writing), in substantially the form of Exhibit A-1 hereto, specifying therein the requested (i) date of such A Borrowing, (ii) Type of A Advances comprising such A Borrowing, (iii) aggregate amount of such A Borrowing, Borrowing and (iv) in the case of an A Borrowing comprised of Adjusted CD Rate Advances or Eurodollar Rate Advances, the initial Interest Period for each such A Advance. Each A Borrower may, subject to the conditions herein provided, borrow more than one A Borrowing on any Business Day. Each Lender shall, before 1:00 P.M. 12:00 noon (New York City time) in the case of a Borrowing consisting of Base Rate Advances and before 11:00 A.M. (New York City time) in the case of a Borrowing consisting of Eurodollar Rate Advances, in each case on the date of such A Borrowing, make available for the account of its Applicable Lending Office to the Agent at its address referred to in Section 9.0210.02, in same day funds, such A Lender's ratable portion of such A Borrowing. After the Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article IIIV, the Agent will make such funds available to the Borrower requesting the proposed A Borrowing at the Agent's aforesaid address.

Appears in 1 contract

Samples: Credit Agreement (Gap Inc)

Making the A Advances. (a) Each A Borrowing shall be made on notice, --------------------- notice given not later than (x) 10:00 A.M. (New York City time) on the date of a proposed A Borrowing consisting of Base Rate Advances and (yi) 12:00 noon (New York City time) on the third Business Day prior to the date of a the proposed A Borrowing, if such proposed A Borrowing consisting consists of Eurodollar Rate Advances and (ii) 10:00 A.M. (New York City time) on the day of such proposed A Borrowing, if such proposed A Borrowing consists of Base Rate Advances, by the Borrower requesting the proposed A Borrowing to the Agent, which shall give to each A Lender prompt notice thereof by telecopier, telex or cable. Each such notice of an A Borrowing (a "Notice of A Borrowing") shall be by telecopier, telex telecopier or cabletelephone (and --------------------- if by telephone, confirmed immediately in writing), in substantially the form of Exhibit A-1 hereto, specifying therein the requested (i) date of such A Borrowing, (ii) Type of A Advances comprising such A Borrowing, (iii) aggregate amount of such A Borrowing, Borrowing and (iv) in the case of an A Borrowing comprised of Eurodollar Rate Advances, the initial Interest Period for each such A Advance. Each A Borrower may, subject to the conditions herein provided, borrow more than one A Borrowing on any Business Day. Each Lender shall, before 1:00 P.M. 12:00 noon (New York City time) in the case of a Borrowing consisting of Base Rate Advances and before 11:00 A.M. (New York City time) in the case of a Borrowing consisting of Eurodollar Rate Advances, in each case on the date of such A Borrowing, make available for the account of its Applicable Lending Office to the Agent at its address referred to in Section 9.0210.02, in same day funds, such A Lender's ratable portion of such A Borrowing. After the Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article IIIV, the Agent will make such funds available to the Borrower requesting the proposed A Borrowing at the Agent's aforesaid address.

Appears in 1 contract

Samples: Credit Agreement (Gap Inc)

Making the A Advances. (a) Each A Borrowing shall be made on notice, given not later than (x) 10:00 A.M. (New York City time) on the date of a proposed A Borrowing consisting of Base Rate Advances and (y) 12:00 noon (New York City timei) on the third Business Day prior to the date of a the proposed A Borrowing, in the case of an A Borrowing consisting comprised of Eurodollar Rate Advances, (ii) on the second Business Day prior to the date of the proposed A Borrowing, in the case of an A Borrowing comprised of Adjusted CD Rate Advances, and (iii) on the date of the proposed A Borrowing, in the case of an A Borrowing comprised of Base Rate Advances, in each case by the Borrower requesting the proposed A Borrowing to the Agent, which shall give to each Lender prompt notice thereof by telecopier, telex or cable. Each such notice of an A Borrowing (a "Notice of A Borrowing") shall be by telecopier, telex or cable, confirmed immediately in writing, in substantially the form of Exhibit A-1 2.02(a) hereto, specifying therein the requested (iA) date of such A Borrowing, (iiB) Type of A Advances comprising such A Borrowing, (iiiC) aggregate amount of such A Borrowing and (D) in the case of an A Borrowing comprised of Adjusted CD Rate Advances or Eurodollar Rate Advances, initial Interest Period for each such A Advance. Each Lender shall, before (x) 12:00 noon on the date of such A Borrowing, and (iv) in the case of an A Borrowing comprised of Eurodollar Rate Advances, the initial Interest Period for each such A Advance. A Borrower may, subject to the conditions herein provided, borrow more than one A Borrowing on any Business Day. Each Lender shall, before 1:00 P.M. (New York City time) in the case of a Borrowing consisting of Base Rate Advances and before 11:00 A.M. (New York City time) in the case of a Borrowing consisting of Eurodollar or Adjusted CD Rate Advances, in each case and (y) 1:00 p.m. on the date of such A Borrowing, in the case of an A Borrowing comprised of Base Rate Advances, make available for the account of its Applicable Lending Office to the Agent at its address referred to in Section 9.028.02, in same day funds, such Lender's ratable portion of such A Borrowing. After the Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such funds available to the Borrower requesting the proposed A Borrowing at the Agent's aforesaid address. (b) Each Notice of A Borrowing shall be irrevocable and binding on the Borrower. In the case of any A Borrowing which the related Notice of A Borrowing specifies is to be comprised of Adjusted CD Rate Advances or Eurodollar Rate Advances, the Borrower shall indemnify each Lender against any loss, cost or expense incurred by such Lender as a result of any failure to fulfill on or before the date specified in such Notice of A Borrowing for such A Borrowing the applicable conditions set forth in Article III, including, without limitation, any loss, cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by such Lender to fund the A Advance to be made by such Lender as part of such A Borrowing when such A Advance, as a result of such failure, is not made on such date. (c) Unless the Agent shall have received notice from a Lender prior to the date of any A Borrowing that such Lender will not make available to the Agent such Lender's A Advance as part of such A Borrowing, the Agent may assume that such Lender has made such A Advance available to the Agent on the date of such A Borrowing in accordance with subsection (a) of this Section 2.02 and the Agent may, in reliance upon such assumption, make available to the Borrower on such date a corresponding amount. If and to the extent that such Lender shall not have so made such A Advance available to the Agent, such Lender and the Borrower severally agree to repay to the Agent forthwith on demand such corresponding amount, together with interest thereon, for each day from the date such amount is made available to the Borrower until the date such amount is repaid to the Agent, at (i) in the case of the Borrower, the interest rate applicable at the time to A Advances comprising such A Borrowing and (ii) in the case of such Lender, the Federal Funds Rate. If such Lender shall repay to the Agent such corresponding amount, such amount so repaid shall constitute such Lender's A Advance as part of such A Borrowing for purposes of this Agreement. (d) The failure of any Lender to make the A Advance to be made by it as part of any A Borrowing shall not relieve any other Lender of its obligation, if any, hereunder to make its A Advance on the date of such A Borrowing, but no Lender shall be responsible for the failure of any other Lender to make the A Advance to be made by such other Lender on the date of any A Borrowing. SECTION 2.03.

Appears in 1 contract

Samples: Day Credit Agreement (Ies Utilities Inc)

Making the A Advances. (a) Each A Borrowing shall be made on notice, given not later than (x) 10:00 A.M. (New York City time) on the date day of a such proposed A Borrowing, in the case of an A Borrowing consisting comprised of Base Rate Advances and (y) 12:00 noon (New York City time) Advances, or on the third Business Day prior to the date of a the proposed A Borrowing, in the case of an A Borrowing consisting comprised of Eurodollar Rate Advances, by the Borrower requesting the proposed A Borrowing to the Administrative Agent, which shall give to each Lender prompt notice thereof by telecopier, telex or cable. Each such notice of an A a Borrowing (a "Notice of NOTICE OF A BorrowingBORROWING") shall be by telecopier, telex or cable, confirmed immediately promptly in writing, in substantially the form of Exhibit A-1 hereto, specifying therein the requested (i) date of such A Borrowing, (ii) Type of A Advances comprising such A Borrowing, (iii) aggregate amount of such A Borrowing, and (iv) in the case of an A Borrowing comprised of Eurodollar Rate Advances, the initial Interest Period for each such A Advance. A Borrower may, subject to In the conditions herein provided, borrow more than one case of a proposed A Borrowing on any Business Daycomprised of Eurodollar Rate Advances, the Administrative Agent shall promptly notify each Lender of the applicable interest rate under Section 2.07(b). Each Lender shall, before 1:00 12:00 P.M. (New York City time) in the case of a Borrowing consisting of Base Rate Advances and before 11:00 A.M. (New York City time) in the case of a Borrowing consisting of Eurodollar Rate Advances, in each case on the date of such A Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 9.028.02, in same day funds, such Lender's ratable portion of such A Borrowing. After the Administrative Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower requesting the proposed A Borrowing at the Administrative Agent's aforesaid address.

Appears in 1 contract

Samples: Cp&l Energy Inc

Making the A Advances. (a) Each A Borrowing shall be made on notice, given not later than (x) 10:00 A.M. (New York City time) on the date of a proposed A Borrowing consisting of Base Rate Advances and (y) 12:00 noon Noon (New York City time) on the third Business Day prior to the date of a the proposed A Borrowing consisting in the case of Eurodollar Rate Advances, by on the Borrower requesting second Business Day prior to the date of the proposed A Borrowing in the case of Adjusted CD Rate Advances, and on the Business Day prior to the date of the proposed A Borrowing in the case of Base Rate Advances, by PM Companies to the Agent, which shall give to each Lender prompt notice thereof by telecopier, telex or cable. Each such notice of an A Borrowing (a "Notice of A Borrowing") shall be by telecopier, telex or cable, confirmed immediately in writing, in substantially the form of Exhibit A-1 B-1 hereto, specifying therein the requested (i) date of such A Borrowing, (ii) Type of A Advances comprising such A Borrowing, (iii) aggregate amount of such A Borrowing, and (iv) in the case of an A Borrowing comprised of Eurodollar Rate Advances, the initial Interest Period for each such A Advance, and (v) name of the Borrower. A Borrower may, subject to In the conditions herein provided, borrow more than one case of a proposed A Borrowing on any Business Daycomprised of Adjusted CD Rate Advances or Eurodollar Rate Advances, the Agent shall promptly notify each Lender of the applicable interest rate under Section 2.07(b) or (c). Each Lender shall, before 1:00 P.M. (New York City time) in the case of a Borrowing consisting of Base Rate Advances and before 11:00 A.M. (New York City time) in the case of a Borrowing consisting of Eurodollar Rate Advances, in each case on the date of such A Borrowing, make available for the account of its Applicable Lending Office to the Agent at its address referred to in Section 9.0210.02, in same day funds, such Lender's ratable portion of such A Borrowing. After the Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will make such funds available to the applicable Borrower requesting the proposed A Borrowing at the Agent's aforesaid address.

Appears in 1 contract

Samples: Philip Morris Companies Inc

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