Making the A Advances. (i) (A) Each A Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City time), (x) in the case of Eurodollar Rate Advances, on the third Business Day prior to the date of the proposed A Borrowing and (y) in the case of Base Rate Advances, on the day of the proposed A Borrowing, by the Borrower to the Agent, which shall give to each Lender prompt notice thereof by telecopier. Each such notice of an A Borrowing (a “Notice of A Borrowing”) shall be by telephone, confirmed immediately in writing, in substantially the form of Exhibit 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) Interest Period for each such A Advance. Each Lender shall, before 1:00 P.M. (New York City time) on the date of such A Borrowing make available for the account of its Applicable Lending Office to the Agent at the Agent’s Account, 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 at the Agent’s address referred to in Section 8.02.
Appears in 1 contract
Samples: Credit Agreement (Olin Corp)
Making the A Advances. (i) (A) Each A Borrowing shall be made on notice, given not later than 11:00 A.M. 12:00 noon (New York City time), (xi) in the case of Eurodollar Rate Advances, on the third Business Day prior to the date of the proposed A Borrowing and (y) Borrowing, in the case of Base an A Borrowing comprised of Eurodollar Rate Advances, and (ii) on the day date of the proposed A Borrowing, in the case of an A Borrowing comprised of Base Rate Advances, in each case by the Borrower 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 telephonetelecopier, confirmed immediately in writingtelex or cable, in substantially the form of Exhibit B-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, initial Interest Period for each such A Advance. Each Lender shall, before 1:00 P.M. (New York City timex) 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 the Agent’s Accountits address referred to in Section 8.02, 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 promptly make such funds available to the Borrower at the Administrative Agent’s address referred '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 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 Section 8.02such 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.
Appears in 1 contract
Making the A Advances. (i) (A) Each A Borrowing shall be made on notice, given not later than 11:00 A.M. 12:00 noon (New York City time), (xi) in the case of Eurodollar Rate Advances, on the third Business Day prior to the date of the proposed A Borrowing and (y) Borrowing, in the case of Base an A Borrowing comprised of Eurodollar Rate Advances, and (ii) on the day date of the proposed A Borrowing, in the case of an A Borrowing comprised of Base Rate Advances, in each case by the Borrower 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 telephonetelecopier, confirmed immediately in writingtelex or cable, in substantially the form of Exhibit B-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, initial Interest Period for each such A Advance. Each Lender shall, before 1:00 P.M. (New York City timex) 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 the Agent’s Accountits address referred to in Section 8.02, 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 promptly make such funds available to the Borrower at the Administrative Agent’s address referred '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 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 Administrative 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 Administrative Agent such Lender's A Advance as part of such A Borrowing, the Administrative Agent may assume that such Lender has made such A Advance available to the Administrative Agent on the date of such A Borrowing in accordance with subsection (a) of this Section 8.022.02 and the Administrative 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 Administrative Agent, such Lender and the Borrower severally agree to repay to the Administrative 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 Administrative 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 Administrative 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.
Appears in 1 contract
Making the A Advances. (i) (Aa) Each A Borrowing shall be made on notice, given not later than 11:00 A.M. 12:00 noon (New York City time), (xi) in the case of Eurodollar Rate Advances, on the third Business Day prior to the date of the proposed A Borrowing and (y) Borrowing, in the case of Base an A Borrowing comprised of Eurodollar Rate Advances, Advances and (ii) on the day date of the proposed A Borrowing, in the case of an A Borrowing comprised of Base Rate Advances, in each case by the Borrower 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 "NOTICE OF A Borrowing”BORROWING") shall be by telephonetelecopier, confirmed immediately in writingtelex or cable, in substantially the form of Exhibit B-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, initial Interest Period for each such A Advance. Each Lender shall, before 1:00 P.M. (New York City timex) 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 Agent at the Agent’s Accountits address referred to in Section 8.02, 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 at the Agent’s address referred to in Section 8.02.Article
Appears in 1 contract