Making the Advance. (a) Each Advance made under this Article II shall consist of the Loans made by each Lender Group ratably in proportion to such Lender Group's respective Pro Rata Share and shall be made pursuant to a Borrowing Notice issued by the Borrower to the Administrative Agents and the Hedge Counterparties. To be effective, a Borrowing Notice must be received by each Administrative Agent not less than two (2) Business Days prior to the requested Borrowing Date; provided that the initial Borrowing Notice issued by the Borrower hereunder may be issued to the Administrative Agents on the Effective Date. Each Administrative Agent shall forward each Borrowing Notice to the Lenders in its Lender Group. Each Borrowing Notice shall, except as set forth below, be irrevocable and shall specify:
(i) the new Contracts being pledged in connection with such Advance (the "New Contracts"),
(ii) the requested aggregate principal amount of such Advance and the amount of the Loan,
(iii) the Borrowing Date,
(iv) the Cutoff Date in respect of the New Contracts,
(v) the initial Tranche Period and Rate Type requested by the Borrower, and
(vi) the Hedging Rate existing under the Hedge Agreements for the Loans to be made by each Lender Group on such Borrowing Date, which Hedging Rate shall be used in the calculation of the Yield Supplement Overcollateralization Amount in respect of the New Contracts. On each Borrowing Date, upon satisfaction of the applicable conditions precedent set forth in Article III, and so long as such Advance does not otherwise violate the terms and conditions hereof, each Conduit Lender or each Committed Lender, as applicable, shall remit to the account specified by the Administrative Agent in its Lender Group by wire transfer in same day funds at such time as shall enable such Administrative Agent to remit such funds to the Borrower by 12:00 p.m. (New York City time) on the Borrowing Date, an amount equal to (1) in the case of a Conduit Lender, its Lender Group's Pro Rata Share of the Advance, and (2) in the case of a Committed Lender, its individual Pro Rata Share thereof. Upon receipt of such funds, each Administrative Agent shall by 12:00 pm (New York City time) on such Borrowing Date initiate a wire transfer of same day funds in such amount to account #35090000 xxxntained on behalf of the Borrower at The Northern Trust Company (the "NTC Account"); provided that, with respect to the funds remitted to the Administrative Agent of the JPMorgan Lender Group in respe...
Making the Advance. (a) The Advance shall be made on the date hereof, subject to the conditions below, upon receipt by Lender of written notice (the “Advance Notice”), given by Borrower to Lender on the date hereof. Not later than 11:00 A.M. (New York City time) on the date hereof and upon fulfillment of the applicable conditions set forth in Article II, Lender will make such Advance, less the applicable Commitment Fee for the Advance as described in Section 1.03 and less the fee payable pursuant to the Fee and Advisory Letter as described in Section 2.01(g), available to Borrower in same day funds in the account of Borrower at Lender.
(b) The Advance Notice shall be irrevocable and binding on Borrower. Borrower shall indemnify Lender against any loss or reasonable and documented out of pocket cost or expense incurred by Lender as a result of any failure to fulfill on or before the date specified in the Advance Notice for the Advance, the applicable conditions set forth in Article II, including, without limitation, any loss, cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by Lender to fund the Advance when the Advance, as a result of such failure, is not made on such date.
Making the Advance. The execution of this Agreement by Borrower shall constitute Borrower’s irrevocable instructions to Lender to make the Advance on the Closing Date, and such instructions shall be binding on Borrower. Borrower shall indemnify Lender against any loss, cost or expense reasonably incurred by Lender or its Affiliates as a result of any failure by Borrower to borrow such Advance (including, without limitation, as a result of Borrower’s failure to fulfill, on or before the Closing Date, the applicable conditions set forth in Article III) and the liquidation or re-employment of deposits or other funds acquired by Lender to fund the Advance to be made by Lender as part of such borrowing. A certificate of Lender as to the amount of such losses, costs and expenses, submitted to Borrower by Lender and showing in reasonable detail the basis for the calculation thereof, shall be conclusive as to the amount of such losses, costs and expenses, absent manifest error.
Making the Advance. (a) The Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Borrowing, by the Borrower to the Lender. The notice of borrowing (a "Notice of Borrowing") shall be by telephone, confirmed immediately in writing, or telecopier or electronic communication, in substantially the form of Exhibit B hereto, specifying therein the requested date of such Borrowing. Upon fulfillment of the applicable conditions set forth in A1ticle III, the Lender will make the funds available to the Borrower at the bank account specified on the Notice of Borrowing. The Lender may make the Advance through its Affiliates.
(b) The Notice of Borrowing shall be irrevocable and binding on the Borrower. The Borrower shall indemnify the Lender against any loss, cost or expense incurred by the Lender as a result of any failure to fulfill on or before the date specified in the Notice of Borrowing the applicable conditions set forth in Article III, including, , cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the Lender to fund the Advance when such Advance, as a result of such failure, is not made on such date.
Making the Advance. Each Advance shall be made upon notice from the Borrower to the Lender at the Lender's Office specifying the date and amount of the Advance. Upon the fulfillment of the applicable conditions set forth in Article III hereof, the Lender will make such funds available to the Borrower at the Lender's Office.
Making the Advance. Subject to Section 2.01 and satisfaction of the conditions set forth in Section 3.01, the Advance shall be made on August 8, 2000, pursuant to a notice of borrowing (a "Notice of Borrowing"). Such Notice of Borrowing shall be by fax, in substantially the form of Exhibit B hereto, specifying therein the requested (i) date of such borrowing and (ii) aggregate amount of such borrowing. Upon fulfillment of the applicable conditions set forth in Article III, the Lender will make such funds available to the Borrower by wire transfer to the Borrower's Account.
Making the Advance. (a) The Borrowing and each continuation of the Advance shall be made upon the Company’s irrevocable notice to the Lender, which may be given by telephone. Each such notice must be received by the Lender not later than 11:00 a.m. three Business Days prior to the requested date of the Borrowing of or continuation of the Advance. Each telephonic notice by the Company pursuant to this Section 2.02 must be confirmed promptly by delivery to the Lender of a written Advance/Continuation Notice, appropriately completed and signed by a Responsible Officer of the Company. Each Advance/Continuation Notice (whether telephonic or written) shall specify (i) whether the Company is requesting the Advance or a continuation of all or a portion the Advance, (ii) the requested date of the Borrowing or continuation, as the case may be (which shall be a Business Day), (iii) the principal amount of the Advance to be borrowed or continued and (iv) the duration of the Interest Period with respect thereto. Unless the Company provides a notice requesting a continuation, the Advance shall be continued with an Interest Period of one month. If the Company requests a Borrowing or continuation of the Advance in any such Advance/Continuation Notice, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month.
(b) Following receipt of an Advance/Continuation Notice, upon satisfaction of the applicable conditions set forth in Section 4.01, the Lender shall make all Advance funds either by wire transfer of such funds or by crediting the account of the Company on the books of the Lender in immediately available funds, in each case in accordance with instructions provided to (and reasonably acceptable to) the Lender by the Company.
(c) There shall not be more than six Interest Periods in effect at any time.
Making the Advance. If the Lenders are required to make an Advance to the Company as provided in Section 2.03, then each Lender shall make the Advance on the proposed date thereof by wire transfer of immediately available funds by 12:00 noon, New York City time, to (i) the Collateral Agent for deposit to the Collection Account or (ii) an account of the Underlying Issuer specified in a notice from the Company to the Administrative Agent. Each Lender at its option may make the Advance by causing any domestic or foreign branch or affiliate of such Lender to make the Advance, provided that any exercise of such option shall not affect the obligation of the Company to repay the Advance in accordance with the terms of this Agreement. Once drawn, the Advance may only be repaid or prepaid in accordance with this Agreement and may not be reborrowed.
Making the Advance. (a) The Advance shall be made on the date hereof, subject to the conditions below, upon receipt by the Lender of written notice (the “Advance Notice”), given by the Borrower to the Lender on the date hereof. Not later than 11:00 A.M. (New York City time) on the date hereof and upon fulfillment of the applicable conditions set forth in Article II, the Lender will make such Advance available to the Borrower in same day funds in the account of the Borrower at the Lender.
(b) The Advance Notice shall be irrevocable and binding on the Borrower. The Borrower shall indemnify the Lender against any loss or reasonable and documented out of pocket cost or expense incurred by the Lender as a result of any failure to fulfill on or before the date specified in the Advance Notice for the Advance, the applicable conditions set forth in Article II, including, without limitation, any loss, cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the Lender to fund the Advance when the Advance, as a result of such failure, is not made on such date.
Making the Advance. The Borrowing shall be made on notice in substantially the form of Exhibit B hereto (a "Disbursement Request"), given not later than 11:00 A.M. (New York City time) on the Business Day of the proposed Borrowing by the Borrower to the Lender. The Disbursement Request shall specify therein the requested (i) date of such Borrowing and (ii) the aggregate amount of such Borrowing. The Lender shall, before 11:00 A.M. (New York City time) on the date of such Borrowing, make available for the account of its Applicable Lending Office the amount of the Advance. Upon fulfillment of the applicable conditions set forth in Article III, the Lender will make such funds available to the Borrower.
